Loading...
HomeMy WebLinkAbout1996-10-23 P&Z Minutes~~ CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** Council Chambers, 210 Fidalgo October 23, 1996, 7:00 p.m. http://www.Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: October 9, 1996 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ96-67-Revised Preliminary Plat-Ridgeview Estates b. PZ96-68-Preliminary Plat Aliak Corner Subdivision No. 2 c. PZ96-69-Preliminary Plat-Star of the North Subdivision 6. PUBLIC HEARINGS: a. PZ96-66-Resolution of the Planning and Zoning Commission supporting amending the Kenai Municipal Code 14.20.220 to establish signage requirements within the Townsite Historic District Zone 7. NEW BUSINESS: a. Review of Title 14 of the KMC-Cabins b. Application for Lease-Lots 13 and 14, Block 1, C.I.I.A.P. 8. OLD BUSINESS: a. PZ96-60-Landscape/Site Plan Review-Tract 4-B-4, (Pad "C") Cook Inlet Industrial Air Park Subdivision 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Kenai City Council Roster b. Kenai River Special Management Area Advisory Board minutes of September 19, 1996 Planning & Zoning Commission Agenda c. November & December Meeting Schedule Memo 13. COMMISSION COMMENTS & QUESTIONS: Page 2 October 23, 1996 14. ADJOURNMENT: ,~ CITY OF KENAI PLANNING AND ZONING COMMISSION October 23, 1996 ***MINUTES*** 1. ROLL CALL: Members present: Barb Nord, Michael Christian, Karen Mahurin, Phil Bryson, Carl Glick, Teresa Werner-Quade, Ron Goecke Members absent: Others present: Councilman Hal Smalley, City Engineer Jack La Shot, Administrative Assistant Marilyn Kebschull 2. APPROVAL OF AGENDA: BRYSON MOVED TO APPROVE AS SUBMITTED AND REQUESTED UNANIMOUS CONSENT. MOTION SECONDED BY GOECKE. 3. APPROVAL OF MINUTES: October 9, 1996 MAHURIN MOVED FOR APPROVAL OF MINUTES OF OCTOBER 9, 1996. GOECKE SECONDED THE MOTION AND ASKED FOR UNANIMOUS CONSENT. Glick stated on Page 8, it should be changed as Mr. Christian's second paragraph states "she" and should be he. Christian stated on Page 3 it should be "sell" instead of sale. Glick asked if any objections to unanimous consent. None noted. MINUTES APPROVED. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ96-67-Revised Preliminary Plat-Ridgeview Estates WERNER-QUADE RECOMMENDED APPROVAL OF PZ96-67. MOTION SECONDED BY BRYSON. Glick asked for additional staff comments. La Shot on the very last page is the plat the Commission saw recently. This plat reconfigures that plat. La Shot stated it basically forms one tract, Tract A from what was proposed as lots one through four. Planning & Zoning Commission Minutes Page 2 October 23, 1996 1 Bryson asked for clarification from maker of the motion if intent was that the engineer's recommendation be included. Werner-Quade noted yes. Glick clarified the motion to include engineer's recommendation and asked for other discussion. None. VOTE: BRYSON YES GOECKE YES MAHURIN YES GLICK YES MOTION PASSED UNANIMOUSLY. WERNER-QUADE NORD CHRISTIAN b. PZ96-68-Preliminary Plat Aliak Corner Subdivision No. 2 YES YES YES CHRISTIAN MOVED TO APPROVE PZ96-68. NORD SECONDED THE MOTION. La Shot stated no additional staff comments. No additional Commission comments. VOTE: WERNER-QUADE YES GOECKE YES NORD YES CHRISTIAN YES MAHURIN YES BRYSON YES GLICK YES MOTION PASSED UNANIMOUSLY. c. PZ96-69-Preliminary Plat-Star of the North Subdivision BRYSON MOVED TO APPROVE PZ96-69. MAHURIN SECONDED THE MOTION. La Shot stated no additional staff comments and no contingencies. Christian stated he was curious on lot two why lot line has such an angle. La Shot noted the surveyor was present adding he may be able to answer the question. La Shot stated he thought it was put in to the appropriate setbacks. Planning & Zoning Commission Page 3 Minutes October 23, 1996 McLane, surveyor, stated the offset is parallel to the house structure rather than perpendicular to the street to maintain the 15 feet offset. McLane commented if the structure residence qualifies fora 10 foot setback, he would like the ability to arrange that with staff. McLane noted it is a split level house with a basement rather than a true two story. McLane added he is not sure of code. McLane stated that would allow more space between property and the church property. La Shot stated staff can take a look and if it qualifies for setback staff would not be opposed to the change. VOTE: GOECKE YES MAHURIN YES BRYSON YES GLICK YES NORD YES CHRISTIAN YES WERNER-QUADE YES MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS: a. PZ96-66-Resolution of the Planning and Zoning Commission supporting amending the Kenai Municipal Code 14.20.220 to establish signage requirements within the Townsite Historic District Zone MAHURIN MOVED TO APPROVE PZ96-66. BRYSON SECONDED THE MOTION. PUBLIC HEARING OPENED: Michael Huhndorf, member of Townsite Historic District Board (TSH), commented that the board had discussed the special nature and flavor of a historic district due to it's visibility. Huhndorf stated the district as it sits because of it's location and trying to create a consistency in appearance of signs as the board has stated and discussed be changed to reflect the flavor of the historic district. Huhndorf noted that they did realize that the comments were taken by the city attorney regarding content and restricting the rights to freedom of speech. PUBLIC HEARING CLOSED. Mahurin noted this has been along-standing project from TSH. Mahurin stated that she believes that with the diminished size of Old Town that it is important that we do have a district flavor to that area. Mahurin added there is a lot of development going on. Mahurin stated she will support this resolution adding she appreciates the work of the TSH and think the Commission should support their efforts. Planning & Zoning Commission Page 4 Minutes October 23, 1996 Goecke apologized and asked indulgence noting he didn't get packet until today. Goecke commented we have gone over and over this sign code in the city and stated he is not totally convinced that we need to have one more sign code in this city. Goecke commented he doesn't necessary like the one we have much less add another one. Goecke noted being a business person you cannot actually have too much signage. Goecke agreed it can be over done in some instances adding he has voted against some signs. But, don't think that we need to have an inclusive sign code for the a given area. Goecke stated he feels that our sign code as we have it is sufficient for our city. Bryson commenting regarding Section 14.22.20 F(1) which describes intent of the ordinance. Bryson read, "It is intended that the sign..." asking who is going to interpret the phrase adding he didn't think he could. Bryson stated he feels that is an arbitrary area that should be clarified. Bryson stated his other comment is the exclusion of electric signs. Bryson noted that in the wintertime when people need business in that area presumably signs would only be visible for six hours of a day. Mahurin stated she knows that TSH has also talked about street lighting and with the projects going on to pave and widening of the road, there are a lot of things board is working on and talking about. Mahurin stated she agrees and doesn't think there should be electric signs. Mahurin noted that the Russians didn't have signs and that is all that is left of that era. Mahurin, noting she doesn't want to disagree with Mr. Bryson, but F1 is an intent as to why they feel there should be a special sign code for that area. Mahurin agreed that it is rather nebulous adding she felt a building inspector could help with that. Mahurin noted this is their statement of why they want a special sign code for that area. Mahurin stated she agrees with all these portions. Mahurin noted it doesn't say there can't be lights but says there will not be garish lights in that part of town. Mahurin stated that is what the ordinance is intended to do. Werner-Quade concur with Ms. Mahurin's comments adding she thought the same thing on the electric signs. Werner-Quade stated this brings to mind law offices of Cowan adding she thinks they may have lights that shine from the rafters that shine on the signs at night. Werner-Quade stated she feels this is in keeping with what the TSH has in mind. Werner-Quade commented she was pleased to see this come before us expeditiously rather than waiting to review the entire sign ordinance. Werner-Quade noted she will vote in favor of this resolution. Bryson questioned staff if there is a portion of the sign code that addresses electric signs and differentiates from lighted signs? La Shot stated he doesn't believe it does. La Shot stated this was intended to not allow electric signs but to allow indirectly lighted signs of a smaller nature. La Shot stated the first paragraph on intent that there is not too much administration can do about that when issuing a permit. La Shot stated it does say in relation to size. The ordinance was tailored to try to have something definitive that administration could use when it came time to issue a sign permit and keep it as simple as possible while reflecting the needs of the zone. Planning & Zoning Commission Page 5 Minutes October 23, 1996 Goecke noted that didn't answer his question. Goecke commented that even with this there is no distinct one sign other than flashing signs and any electric signs that will be permitted. Goecke stated that the intent "thing" seems to leave everything in the open to a particular individual's interpretation. Goecke commented you can interpret it one way and I'll read it and interpret it another way and who's to say who is right. Werner-Quade commented that the last line after the comma says, "and be of a size that is in scale with the building and street scape as a whole." Werner-Quade commented that it does leave a little bit to be desired adding she is getting tired of these people who cannot interpret the simple, basic, plain English. Werner-Quade commented that if a problem arose, it would seem like those people would go before the TSH board and the Board would make a ruling as to the sign. Werner-Quade added that in her opinion you can find a loop hole anywhere you want but lets get down to plain English and read it and go with it. Bryson stated he would have to respond to that. Bryson stated if it were an issue with the building code and the city building inspector interprets it one way and you interpret it another way, do you feel you have a valid concern when it is ruled against you. Werner-Quade stated you can always go to a higher board adding she doesn't see why we have to specify every detail. Werner-Quade noted she doesn't see where the intent is that loose. Goecke stated he has to ask a question, Werner-Quade made mention if you want to put a sign there go to the Historic Board and see if this is okay. Goecke stated he doesn't know if the Board has any control of the matter. Werner-Quade stated she would correct that statement because she had said if there was a problem. Werner-Quade commented that Goecke is saying that there is going to be a problem with every sign. Goecke responded that he didn't say that but there is the possibility of that problem existing. Mahurin suggested in order to expedite this professionally, she would suggest that Ms. Werner-Quade's intent of her comments, were that if someone had a question that the TSH could interpret what their sign ordinance meant for anyone and would be available as a resource to people to answer those types of questions. Werner-Quade thanked Ms. Mahurin adding she was sure she had came across as curt. Glick clarified that if there was a problem you are saying that the TSH board would make a recommendation to P&Z. Werner-Quade noting she is not on the board so would not have every answer but would wanted to rebut the two comments made by two members about the verbiage being vague. Mahurin would like to bring this item back to the ordinance instead of trying to interpret each other questions but what the Commission is trying to do. Mahurin noted Planning & Zoning Commission Minutes Page 6 October 23, 1996 that what is before the Commission is an ordinance for a signage ordinance for Old Town. Mahurin stated she would like to call for question. VOTE: NORD YES CHRISTIAN YES WERNER-QUADE YES GLICK YES MAHURIN YES BRYSON NO GOECKE NO MOTION PASSED, 5-2. 7. NEW BUSINESS: a. Review of Title 14-Cabins Nord not sure what council is trying to get at but think they want us to make a determination on what definitions for cabin and cabin rentals. Nord added she is not sure if they want us to put limitations on size. Glick think this came about because of three cabins on lot and man wanted to rent them out. Councilman Smalley noted that was on James Street. Nord noted that was before she came to P&Z. Glick at this point we are to look at it, discuss it, and decide if there needs to be changes. Glick asked La Shot if staff had input. La Shot noted it has been a problem in the past. Because there is not a definition in code as to what a cabin is. The Land Use Table has a designation for cabins but we're not sure if an accessory structure or a principal structure. La Shot stated that from the administration's standpoint it needs to be cleaned up. La Shot added that there is a growing use of cabins in the city for not only recreational/commercial use but there are times people want to add to property as a secondary or accessory use. Werner-Quade commented she had gone over this again and again and what it boiled down to is this. Werner-Quade noted she had called the city attorney and cleared up a couple things. On the memo in the packet the problem seems to arise as referring in one instance as a cabin rental and next instances of cabin rentals. Werner-Quade stated that in the definition department of Title 14 we may need as many as three new definitions. One, a definition of cabin-Mr. Graves has it under the Collegiate Dictionary definition. Second would be cabin rental-that would refer to one cabin. And, third, cabin rentals-referring to more than one cabin. Werner-Quade explained the reason why is because when you start mixing rental in one paragraph and rentals in the next paragraph, you have a problem with singular and plural. In the Land Use Table, there are provisions for cabin rentals. In commercial, there is a provision for Planning & Zoning Commission Page 7 Minutes October 23, 1996 ~ hotels and motels. Werner-Quade noted that in the definitions, motel is about as close as you come to cabins. Werner-Quade reiterated that cabin needs to be defined. Werner-Quade stated she checked the FHA requirements for a dwelling since there is going to be some difference if the cabin is a dwelling or a cabin. Under FHA guidelines the minimum square footage to qualify as a dwelling, without a bedroom, is 310 square feet. Anything under 310 square feet would not qualify as a dwelling. Werner-Quade commented that Mr. Richmond's cabins being around 200 square foot each would not qualify as a dwelling, single family or otherwise. Werner-Quade commented they would have to be cabins. Werner-Quade commented that she knew it is hard to understand adding she will be getting a copy of the federal square footage requirements if anyone would like to look at it. Werner-Quade stated that in the end you would have a definition of cabin for anything under 310 square foot. Cabin rental-one cabin. You could continue with the dwelling definition. Cabin rental would be more or less the motel definition. Werner-Quade commented they could look at that and take out and add in anything under 310 square feet. Werner-Quade noted that in order to get a loan from FHA it has to be 310 square feet. Werner-Quade stated it ends up that the CUP would be for cabin rentals in an RR zone only and there would never be a CUP in an RS zone. Werner-Quade noted that is according to what we have now. Nord stated she had checked with Alaska Housing regulations for a dwelling and they have no square footage. Their regulation is if it is under 600 square feet they may require additional down payment. Nord noted they actually have no square footage regulations adding they are one of the toughest lenders to satisfy. Werner-Quade noted the suggestion from the city attorney was to provide for what kind of a rental, nightly, monthly so that wasn't so vague and the square footage needs to be in there. Christian stated he would like to add that he thinks we do need to define each of these. It sounds like circumstances that a person may want to rent a cabin in summer for shorter time and longer in the winter. Christian stated that if that is true there is a need to define if this is a dwelling for long term or is this dwelling for weekly or daily. Fact of cabin rental or rentals needs to be defined noting that cabin rentals is in land use but doesn't fit with cabin rental, singular. Christian noted his agreement of the need to define all three. Goecke noted he understands where Christian coming from but the Commission may want to be concerned how we word this because if I have some apartments and you want to rent one of those apartments and don't require a lease you might be there a I week, month, a year of months. Goecke stated as Ms. Nord stated with Alaska Housing not stipulating anything square footage wise, anybody's apartment could fall under this scenario. Goecke stated he understands but if we aren't ultra careful with wording everybody who owns apartments if they do not require lease could have a problem. Planning & Zoning Commission Page 8 Minutes October 23, 1996 Mahurin commenting that since City Attorney sat at council and has worked on this if the Commission should have him draft something that meets the needs and then discuss it at the next meeting. Glick asked the Commission if they agreed to have staff come back with that information and a resolution. Smalley asked if the Commission will you give him a specific list of items. Glick noted it would be based on the things discussed. Goecke stated if the secretary would give him a copy of what was discussed, that should be sufficient. Goecke noted that if something happens he will have to defend this. Mahurin added the fact that he was at the council meeting, heard discussion, heard the appeal, Mrs. Swarner brought it up and it is in the minutes, and as Goecke stated P&Z minutes will show our concern. Mahurin stated she would like to see something before the Commission and to work from there. Glick directed staff to bring something back to P&Z for review. b. Application for Lease-Lots 13 and 14, Block 1, C.I.I.A.P. GOECKE RECOMMEND APPROVAL THE APPLICATION FOR LEASE. MAHURIN SECONDED THE MOTION. Glick asked if there were additional staff recommendations. La Shot asked the Commission to note the recommendation that the approval be contingent on finishing up the environmental work. La Shot commented that is coming along quite well. Tony Blomfield, applicant spoke to the Commission. Blomfield noted that in talking with Kim Howard, she mentioned that it may be possible for the P&Z Commission to also approve, assuming that they approve the lease, the site plat at this time. Blomfield noted he understands that is a later requirement. Glick stated he doesn't see why we couldn't and asked the rest of the Commission how they felt. Christian commented that it looks as if you intend to have this done by next year. Blomfield commented this is a fast track job. Blomfield noted that within the RFP by the State of Alaska, they are requiring occupancy by July 1St. Blomfield added there is no penalty for late delivery, other areas of the document, once the award is made, allow for renegotiating to potentially change some items of the bid. Blomfield noted it is his understanding that the site would be turned over about the first of February. Blomfield stated they do not anticipate the award until probably the first of December. Blomfield noted they would be going through plan development in the months of December and January and would expect to break ground concurrent with the environmental clean up being complete. Blomfield stated they would allow four months to construct the facility. Goecke stated he had a question of staff. Is there a problem with approving the site plan tonight. La Shot stated only if there would be substantial changes that would come about during preliminary design. La Shot suggested they make a submittal for Planning & Zoning Commission Page 9 Minutes October 23, 1996 ~ the site plan at the same time as building permit submittal. La Shot commented that since it is winter he didn't feel it would tie them up too much. La Shot added he wasn't aware that they wanted to ask for the site plan review tonight. Goecke asked if your site plan review be different than what you have proposed here on this site and parking plan. Blomfield stated they do not anticipate any changes. Blomfield added they would recognize that through normal building permit review adding he doesn't know if the city has a landscape review. Blomfield noted that at this time it shows the number of trees and landscaped areas but not specifically the type. Blomfield stated they would be agreeable to having the site plan review subject to a landscaping review. Blomfield explained the reason he is asking for this is that RFP states that offers which depend on gaining approval of zoning actions which are to be taken or approved after the closing date of this RFP will be rejected without further review. Blomfield stated that assuming that they get the approval on the lease, it is his opinion that that takes care of it. If the P&Z, at a later date has to review other items of the proposal, it may be brought up in a protest of the award and complicate the process not only for myself but for any other bidder. Blomfield noted for instance assuming that Carr Gottstein will be bidding the job in the old Carrs center, if that building is to be remodeled and is subject to Planning and Zoning review and they have not done that. They may not be eligible for aware. Blomfield stated he was wanting to assure himself that there is not a loophole available to a potential protester that may or may not catch this requirement. Goecke asked if it would be at this point prudent for us to decide whether this site and parking plan amongst the Commissioners is agreeable. Goecke asked if this is enough information for the rest of the Commissioners. Mahurin stated she had questions of the applicant and then they might satisfy her. Glick stated he would like the Commission to vote on the application for the lease and get that settled and then the Commission can decide on the landscape plan. VOTE ON APPLICATION FOR LEASE: CHRISTIAN YES BRYSON YES WERNER-QUADE YES GOECKE YES NORD YES MAHURIN YES CLICK YES MOTION PASSED UNANIMOUSLY. Glick noted that since the Commission is still under New Business the Commission } could take up the Landscape/Site Plan review. Glick asked the wishes of the Commission. Planning & Zoning Commission Page 15 Minutes October 23, 1996 put four trees on there. La Shot stated he can't speak for the state. La Shot stated he felt a motion from the Commission lending support to the issuance of a permit for Mr. Norville to do some landscaping in the state right of way in front of the building would be reasonable. La Shot stated that since completed the project that what is between bike path and the property is scrub brush. La Shot stated he felt they would be sticky because if anything out there is subject to removal because if a utility needs to go through there. La Shot added he felt that some reasonable landscaping is something they can live with. Norville stated that is very subjective as the person at the state he had spoken to thought it was beautiful. He said leave it the way it was. Norville added he would do everything he could to put trees in there. Norville stated he wants the Commission to know this would look nice. GOECKE AMENDED THE MOTION TO HAVE STAFF CONTACT THE STATE IN MR. NORVILLE'S BEHALF OR THE COMMISSION'S BEHALF OR GET PERMISSION TO PLANT SOME TREES TO COVER UP THAT FENCE THAT HE DESIRES TO PUT THERE ON THE OTHER FRONT OF THE BUILDING. NORD SECONDED THE AMENDMENT. Mahurin questioned if we approve the site plan contingent on something the state might do and the state doesn't do it, where does that leave us. Mahurin noted that leaves an approved site plan with a fence and dumpster facing the Spur Highway. Smalley stated that was exactly his concern adding that perhaps word should be to encourage. Smalley stated that perhaps staff should present comments and concern of this body to the state. Smalley stated he didn't think the Commission can pass something that neither the city or developer have any control over. Smalley added they could probably say to encourage the allowance of the ability to plant those trees and present the concept in writing and the comments to the state. Christian questioned the use of the word trees adding perhaps something else would be more appropriate like a bush. Christian commented that a lot of times you plan a tree and two years later it is dead. Christian suggested use vegetation or landscaping rather than word trees. Christian suggested that maybe they could just mound it up and grass it over, that would be permanent. Something that would have vegetation rather than trees. Mahurin bring attention back to motion which says we approve the site plan and ask the city for help to assist with landscaping on state land. Mahurin noted she agrees with the term landscaping. Mahurin reiterated that if we approve it and the state says no, we still have it as is. Norville noted the code specifies what the landscaping should be adding he is meeting all the requirements of the code and to require me to go on someone else's property I don't think would be fair. Mahurin noted that is what she is saying. Norville stated Planning & Zoning Commission Minutes Page 16 October 23, 1996 they would do anything to make it possible but if the state says no, there is nothing they can do. Mahurin stating she is not saying that we should, instead, she is saying that if that happens and we have already approved your site plan and the state says no. Then, the Commission cannot expect you to do this but the site plan would remain as is. Mahurin noted she is just making the point to the Commission. Norville stated he was making the point that we do meet code. Norville stated that if aesthetically it is not what you think it should be, we can improve it. Norville added he can see no reason why they would say no. Christian is there anyway we could find out about this in a short time, perhaps at the next meeting. Mahurin commented that she hate to be lobbied by other Commissioners. Bryson stated he would like to clarify his comments noting we are only talking 40 feet. Bryson asked how many trees do we get in 40 feet. VOTE ON AMENDMENT: CHRISTIAN YES BRYSON ABSTAIN WERNER-QUADE NO GOECKE YES NORD YES MAHURIN YES GLICK YES AMENDMENT PASSED. Christian asked Norville where they intend to sign the building? Norville stated the restrictions that he places on his tenants in the center are more restrictive than the city's code in terms of type, color, size. Norville noted he didn't bring a copy of a lease but it sets out more requirements. Christian stated he would like specific answer and questioned if they would be on poles? Norville noted they are not allowed poles by code. Norville stated there will be black lettering on the face of the building. They will be individual signs. Norville stated he didn't have the dimensions but the lease specifies size. Christian clarified they will be on the building and no other signs outside. Norville stated he didn't believe they were allowed additional signs. La Shot stated he thinks they may have used up the square footage on that site. La Shot noted the type of signs Norville is describing are not regulated as signs. That type of sign on the wall goes with the building. Norville commented that signage is extremely important to him. Mahurin asked Norville who will be leasing the sites and if it is being revealed? Norville stated he is not revealing it but it will basically be fast food and video. VOTE ON MAIN MOTION AS AMENDED: Planning & Zoning Commission Minutes BRYSON ABSTAIN GOECKE YES MAHURIN YES GLICK YES MOTION PASSED. Page 17 October 23, 1996 WERNER-QUADE YES NORD YES CHRISTIAN YES Mahurin stated she would like to comment to Mr. Norville noting he has heard the comments about landscaping adding Mr. Smalley has written me notes saying you are reputable. Mahurin noted she is doing something that is hard, that being she is trusting. Mahurin commented she likes to shop in this center but could go elsewhere. Mahurin stated she didn't mean that as a threat but would be watching. Norville commented he lives in this community adding he is a hands-on developer. 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council Councilman Smalley noted a copy of the agenda in packet with notes. Vice-Mayor Measles reelected. The city of Kenai donated the old ambulance to the community of Ninilchik. Smalley stated he remembers when he taught there and they bought a Korean "meat" wagon as their first ambulance and they were elated. To them it was in equal value as the $125,000 Kenai has. Under public comment, a young man spoke from Cook Inlet requesting the use of aluminum bleachers from the softball field until they get their bleachers. This was approved conditional upon determining the ownership of the bleachers as they could have been purchased with softball funds. This is being researched. The city is also requesting an attachment on their insurance rider and they will be responsible for transporting and returning the bleachers. Ordinances, C1 was the potential aluminum floats that the city looking into purchase. Upon inspection it was determined it was not that they are not what the city wanted. The minimum fine ordinance on the improved rights of way within the city, primarily the bike paths to Swires, restricting motorized vehicular traffic and setting the fine to go with it. Smalley reported that the fine remained at $100 minimum conditioned upon repair of damage to any grass lands or structures that may be there. It was amended it to allow the state or the city or a contracted entity to enter the right of way for purposes of snow removal and/or maintenance. Smalley advised this item brought about quite a bit of discussion. Planning & Zoning Commission Page 18 Minutes October 23, 1996 Mahurin stated she thought the previous ordinance said as long as you were going to an approved right of way or path you could ride on it to get there. Smalley the only thing that has been changed is improved rights of ways. Glick asked if that means in front of our houses where we have planted between private property and the city's paved street, even though it is city property, we maintain it. Does the city consider that improved rights of way. Smalley stated he believed the city could in fact ticket. Ordinance 1721-96 was bringing code into line. Item four, is the donated ambulance. Item five, declared surplus the Mack fire engine which the petroleum tech center has been taking care of it anyway. This was a mater of taking care of the paperwork to turn it over to them. Item 6, the warm storage building got a new door. Alaska Municipal League dues were paid. The League runs from the 16th to the 20th of November at the Sheraton. Smalley stated he believed half of the council plans to be there. Item 8, is the new hopper spreader to be placed on the new dump truck. They will take the one off the Mack and put in on the other one so the city has another sander/spreader. All council members were kept on the same committees if we wished to remain there. Comment concerning the P&Z item of the last meeting of the HOP in Inlet Woods. When these HOP permits it was requested that administration clarify it in the code when neighbors be notified because the code doesn't require it. Smalley stated that this was something for the Commission to think about. Presentation of the Beautification Committees of the banners. Smalley asked Nord to explain what had transpired since she is also a member of the Beautification Committee. Nord explained they had contacted the Art Guild. The Guild agreed to put together a plan and use some of the local talent. Nord explained the costs and that the banners have been tested extensively. Nord commented they are very nice. Smalley stated the plan is fora 3 year time frame to purchase 30 each year. The first 30 will be $125, $25 for rights to use the design. They will go up when ready. Nord stated they should be ready by May 1St. If something should go wrong, we don't have to send them away. Nord stated they are guaranteeing them for three years. Smalley commented this celebrates our own local artists. Smalley stated to clarify for the record, the Art Guild has a $1 lease for that facility from way back when and it has just been renewed. The Challenger steering committee had a luncheon and meetings held with the Alaska Aeronautical Commission who was in town. They gave a nice presentation of the facility in Kodiak. This was in between step. Smalley advised the Chancellor was very excited and the group is extremely active and able to put forth some grant funding to send lobbyist to Seattle for a day to visit the center in Seattle so they can have a hands on and know exactly what it is. Smalley noted there is a big push to get funding through grant and corporate funding. Planning & Zoning Commission Page 19 Minutes October 23, 1996 There was discussion of the Kenai River Restoration Enhancement Project on the south side of the river. Smalley stated if you go to the last cannery, Inlet Cannery, the road that goes out there and dead ends. That is a city street. The city is looking at either prior to that going at angle out to the beach creating a parking facility where they could walk or drive down and drive on the beach. This would require permits to go through the wetlands. Another way would be to go extending right straight off that road and put parking lot at the end. They don't need to drive on the beach. To encourage them not to do that. It would be easier to place garbage and sanitation facilities on the top. There is quite a bit of grant money that is available and the major portion should be funded by grant. Under New Business, Sanders who was denied the setback at P&Z will present to Board of Appeals on November 6th. The reason why this was set so soon is the gentleman will be out of town and the December meetings are shaky and it met the code by being advertised. Smalley advised he talked with the council about the concept of the gravel bed road behind Lawton to Beaver Creek to the back side of Thompson Park to be considered as a bike path and to look into paving it. DOT is interested in it so when it does work on a roadway improvement they could put a bike path over there rather than on the highway. It would require a thicker coating of asphalt because city uses road. Nord asked Smalley to talk a little about what Mayor was asking Joe Moore to talk to the Airport Commission about bringing jets back in. Smalley stated they were talking about the concept of what if, added they had had jet traffic in the past. Concept from those days from the airlines that they needed four people to get off and on in Kenai. That may have escalated some. Concept is tha there are a lot of carriers between Anchorage and Seattle. Because the Kenai runway will handle it to look at Kenai being a destination again. This would require some modification to building because of security. A different type of jet would have to come to the city that would have a door that would drop down with a ramp or they would have to have ramps here. The Airport Commission will be investigating this possiblity. Christian asked if we will get information when this happens. Clarification as to when the Airport Commission meets again. Group discussion about airport noise from jets. Smalley advised the boat launch facility area brought in about $16,000 from the $5 launches. The dipnet fishery, as a cost to the city for maintenance, extra police patrol, use of Parks and Rec. summer help, etc. came to approximately $10,000. This was a much lower figure than had been anticipated. Well number three is enclosed. Planning & Zoning Commission Minutes Page 20 October 23, 1996 \I Christian asked if something came up that the city is going to start supporting buy locally. Nord stated that was regarding the banners and the statement in the newspaper was misleading. Discussion about the airport rental car vacancy space and if it should remain vacant. At this time, moot, because no one has asked to go in there. Discussion about putting coffee in there, cannot do that because of the restaurant lease. Evaluation of city clerk which was a very good evaluation and her salary increased from $52,000 from $49,000. b. Borough Planning Bryson reported there was a meeting on October 14th agenda is in packet. Bryson stated it was a long meeting and also hit the 12:30 time for completion of the meeting. All items from A through H-4 were approved and then the meeting started. Item H-5 was an appeal of the planning director's decision. Involved an existing gravel pit, adjacent property owners contested the decision with information. Bryson stated from his feeling very good information. The appeal was denied 7-2. Item H-6 was another appeal concerning a gravel pit, denied 8-1. Negotiated land sales, 7-A was approved. 7- B in Point Possession area was recommended denied. Item 7-C approved. Item 7-D was the option to purchase property which the borough has not received clear title was recommended to be denied. Item 8 recommended to approve setting up advisory commission in Kasilof/Clam Gulch area. All plats approved. Item J-1 applicaton for CUP for Poacher's Cove for construction of car port. Item J-2 approved. Proposed Commission meeting concerning a materials site ordinance. c. Administration La Shot stated that concerning the request from a member of council to consider public hearing, would the Commission like that as a discussion item at a future meeting. Commission stated that would be a good idea. Bryson asked if the request was to have the adjacent properties notified or to have a public hearing. Smalley said notification adding he would assume that would be the request because they would probably want to give testimony. La Shot noted it does make a difference if we send notification after the fact. Regarding the discussion on the airport jet service that we do have a Master Plan which is nearing the draft stage. In talking with the consultants, it is felt public hearings best after the first of the year due to the holidays. La Shot stated that would be a good time to provide input on any issues dealing with the master plan of the airport. ~ Mahurin asked who will hold the hearings? La Shot stated it will probably be a joint Airport Commission and Planning Commission and one at council. Planning & Zoning Commission Minutes Page 21 October 23, 1996 La Shot did pass out a letter about some upcoming public hearings concerning the update of the Kenai River Special Management Comprehensive Plan in draft stage. 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Kenai City Council Roster b. Kenai River Special Management Area Advisory Board minutes of September 19, 1996 c. November & December Meeting Schedule Memo 13. COMMISSION COMMENTS & QUESTIONS: Mahurin noted this has been an interesting P&Z meeting tonight. Interested to hear about several things. Glad to hear about the city purchasing the 30 banners at $100 which should pay for the roof. Mahurin noted she was interested about the Airport Commission and jets. Appreciate that La Shot already picked up on the HOP adding she didn't realize that neighbors weren't notified. Goecke stated that through the years this body has done a pretty good job, an excellent job, of doing what we thought was best for the city. Regarding this HOP thing, nobody has said where it comes from, nobody had to say. Maybe what we should have also is a public hearing if somebody wants to rent out an apartment that is supposed to be a mother-in-law apartment. Nord advised she will be out of town for the next P&Z meeting at the National Association of Realtor's Convention in San Francisco. Nord stated that regarding the HOP thing agrees there needs to be some input but don't think that a public hearing is necessary. Would have to look at it a little more. Nord would have loved to comment on some of things at the Borough P&Z. Nord questioned why they would deny the lease on 60 acres. Bryson stated the rationale was that it was separated from other properties in the borough adding he is not sure if the borough has clear title either. Christian would like to address the public heairng aspect and notification of neighbors. Maybe not for each individual unit. Christian commented that when someone has a proposal for a piece of land, that people in the neighborhood might know that it is being planned until after it is approved. Christian stated he feels we may not be doing our job. Would like to have us look to see if we could pursue this further. Werner-Quade apologized to the Commission regardin the TSH sign code. At the last meeting, Ms. Mahurin had asked for further information on variances and advised she has some information from law offices in Anchorage. Kenai is a home rule city so we have our own Title 14, nonetheless, this infomration is valuable so will pass it on for next packet. Werner-Quade asked if any of the Commissioners have gone to the restaurant in Old Town and noted it was a nice experience. Planning & Zoning Commission Page 22 Minutes October 23, 1996 Smalley concerning the request that you made of Mr. La Shot to bring someting back from the discussion. Smalley noted another individual also placed a concern because of small children. Some time when you approve a HOP there could be storage of materials or other dangerous materials stored. Concern was that we would like to know so if there is an objection, there is an avenue where they would be noified so if there was a concern so it could come public rather than after the fact. It wasn't an objection to this particular one but wanting to know. Goecke stated he understands what you are saying; however, you said large trucks coming on a regular basis. That is no different than where I live or on Gill Street where apartments are and trucks come and move people in and out. Goecke stated he thinks we have done a good job of making sure that on any HOP that we make sure there is not an excessive amount of traffic. Think this concern isn't valid. Smalley not that one person, several people on the council that weren't aware that it wasn't in the code. Goecke advised his wish that from my standpoint you would tell your fellow council members we feel we are doing what we believe is the best and have the welfare of the citizens in the best interest. 14. ADJOURNMENT: MEETING ADJOURNED AT APPROXIMATELY 9:12 p.m. Respectfully Submitted: Marilyn Kebschull Administrative Assistant