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HomeMy WebLinkAbout1995-09-27 P&Z MinutesCITY OF KENAI PLANNING AND ZONING COMMISSION AGENDA Council Chambers, 210 Fidalgo September 27, 1995, 7;00 p.m. Chairman Kevin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES September 13, 1995 4. PERSONS PRESENT SCHEDULED TO BE HEARD a. Carl Cook, Federai Emergency Management Agency (FEMA) b. Chris Miller, Department of Commerce & Regional Affairs 5. PLANNING fi. PUBLIC HEARINGS a. Variance, Resolution PZ95-47, Batir Creative, Inc. 7. NEW BUSINESS a. Tract C, Daubenspeck Property Subdivision 8. OLD BUSINESS 9. CODE ENFORCEMENT ITEMS 10. REPORTS a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS a. Lynn Robbins, Robbins Retirement Communities b. November 21, 1995 Meeting Schedule Council Approval c. City of Kenai Attendance Policy for Commissions and Boards 13. COMMISSION COMMENTS & QUESTIONS } ' 14. ADJOURNMENT C:\WPDOC5~PZ45\PZAGEN9.27 PLANNING AND ZONING COMMISSION l Council Chambers, 210 Fidalgo J September 27, 1995, 7;00 p.m. Chairman Kevin Walker 1. ROLL CALL APPROVED Members present: Glick, Werner-Quade, Goecke, Bryson, Mahurin Members absent: Walker, Toppa Also present: Councilman Bannock, Mayor Williams, Councilpersons Bookey, Measles, Swarner, City Manager Tom Manninen, City Engineer Jack La Shot, Marilyn Kebschull (Administrative Assistant), and Tony Doyle 2. APPROVAL OF AGENDA Vice-chair Glick asked for approval of agenda noting a new agenda was supplied. RON GOECKE RECOMMENDED APPROVAL OF AGENDA PRESENTED IN LIEU OF AGENDA THAT WAS MAILED WITH PACKET AND ASK FOR UNANIMOUS CONSENT. MOTION SECONDED BY PHIL BRYSON. PASSED BY UNANIMOUS CONSENT. } 3. APPROVAL OF MINUTES September 13, 1995 RON GOECKE RECOMMENDED APPROVAL OF MINUTES OF THE SEPTEMBER 13, 1995 MEETING AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY TERESA WERNER-QUADE. PASSED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD a. Carl Cook, Federal Emergency Management Agency (FEMA) b. Chris Miller, Department of Commerce & Regional Affairs Mayor Williams introduced Cari Cook, Federal Emergency Management Agency (FEMA) and Chris Miller, Department of Commerce & Community and Regional Affairs. Mayor Williams briefed the group on events leading to the flood: Massive flooding of the Kenai River inundating Big Eddy, Kenai Keys, River Bend, and Poachers Cove and all the low lying areas of the river that are susceptible to flooding. Flooding result of typhoon from South Pacific. Since Friday, Mayor stated he has been involved with the process of reviewing flood activities, working with the borough management team and emergency management teams, meeting with the river board group, met with Senator Steven's staff this morning. Advised the Governor has declared a disaster emergency for this area and this has been sent to the federal level and Senator Planning & Zoning Commission September 27, 1995 Nfinutes Page 1 Stevens is asking for funding to be appropriated. Mayor noted that there doesn't seem to be much damage to Kenai. However, the city has suffered a tremendous amount of accelerated erosion along the bluffs, the river, and Cunningham Park. The largest amount of damage has occurred in the Angler Drive area, the Rainey and Riddles residences. The Mayor noted that the city is attributing some storm drainage damage to the event leading up to the flood. Mayor stated that he had discussed with the FEMA agency the need to review the flood in it's entirety and not just the flooding itself. The city has had to replace some bluff drainage. In the city's effort to help with the overall recovery program, city personnel were placed on emergency notice on Saturday night. A staff meeting was held Saturday night. Decision to begin observation and emergency watch of the river primarily to gather debris floating down the river. Mr. Williams stated he had invited Mr. Cook to address the group. Carl Cook thanked Mayor Williams and stated he is with the Federal Emergency Management Agency out of Seattle office. Stated his agency managed FEMA programs in Washington, Oregon, Idaho, and Alaska including civil de#ense, earthquakes, hazardous materials programs, and the National Flood Insurance Program. Cook stated he wanted to make contact with the city because as they work disasters if communities are in the National Flood Insurance Program everything seems to move along smoothly. Some people still may not be covered by flood insurance but everyone can obtain it. If a community is not participating, not the norm, there can be some problems. The National Flood Insurance Program is a program that is managed by the federal government that makes flood insurance available to anyone who lives in a participating community. The federa! government got involved in this program because before they did insurance wasn't available as a part of home owner policies. The program was generated to: 1. Provide means of protection far people who lived in flood hazard areas; 2. Required people to take on some of burden for decision to live in a flood plain by paying an annual premium; and, 3. Required that communities who wanted to make this available to citizens would regulate new development. Standards are fairly straight forward. The program usually starts when FEMA produces a map of the community. Cook directed group to the flood prone map for the City of Kenai. Stated they map the area of the 100 year flood plain, or more accurately the 1 percent flood plain. Every year a 1 percent chance that a flood would occur. Maps were completed in early 80's far borough and borough cities. There was not a lot of interest at that time. The borough stayed out of the program until the 86 flood disaster. They then realized that the requirement for obtaining some of the disaster assistance. Cook stated that anyone who wanted a small business administration loan or some of the smaller grants to work on house would have to buy flood insurance to obtain those monies. The law reads that if someone wants to use federally funded money to build or reconstruct a structure in a designated flood plain, they must buy flood insurance to cover it. That is how this program works like an insurance company. This program is not tax subsidized. Cook related in Kenai they mapped the area, came up to set up disaster office to respond to the 86 flood and because they weren't participating had to sit there because most of the forms of disaster assistance for structural use were not available to the people unless they could buy the flood insurance. After this, the borough did implement measures and passed needed standards and have been in the program since. Three Planning & Zoning Commission September 27, 1996 Minutes Page 2 of cities {Homer, Soldotna, Kenai) have not opted to be in the program; Seward is in the program. Cook stated he came tonight to try to avoid this same scenario as happened in $6. Cook stated when he came he didn't know what kind of damages the city had sustained. Agreeing with the Mayor, there are not hundreds of flood prone buildings in Kenai. Most of it is in the borough. Cook stated he would still like to present an argument for participating in the program. Cook noted that Christy Miller has a number of sheets which were provided to the group listing the effects of not participating in the National Flood Insurance Program. This list notes standard effects. No secret that this is an attempt to influence local governments to adopt standards. Noting, 1. Makes new construction relatively safe from flood damage; 2. Protects flood insurance fund because people are relatively safe; and, 3. Saves tax dollars. Cook gave examples of recent Alaskan disasters and their costs in the millions of dollars which comes from every tax payer. The most obvious effect of non- participation is that individuals cannot buy flood insurance, the other effects follow from there. These effects probably have not made a significant impact in Kenai. Cook stated he wanted to make some points not mentioned on the handout. Flood insurance is different than disaster assistance. As the Mayor said, the governor is ready to request federal disaster declaration and that means that the governor goes to the president stating an amount of damages and requests assistance. Some help will be available through Small Business. Administration loans, etc. Flood insurance 1 covers flood damage whether a disaster is declared or not and most of the time flooding isn't declared. When a disaster isn't declared, the victims don't have SBA loans available. Flood insurance covers not only damage from floods but flood insurance erosion damage and this may have a greater impact to Kenai than the flood coverage. It will cover structures is damaged by flood-related erosion. The program provides insurance that is pretty much unaffordable otherwise. For example, Lloyds of London may provide insurance costing thousands of dollars in comparison to several hundred dollars if purchased in this country. The program provides a benefit that only the city can provide. There is no way an individual on their own can obtain insurance other than going through Lloyds of London because insurance is not available unless the city participates in the program. The program is set up in this country wherein the community needs to take action to regulate new development, it doesn't affect existing development. It requires new development to be high enough and safe enough so it doesn't increase the flood damage potential in that community. After that, individuals can buy insurance. The program provides a benefit that in other areas may not be as noticeable. That is, that secondary residences are not looked at in the same way as primary residences in a disaster as far as obtaining loans for rebuilding. The Individual or Family Grant Program that might provide $10,000 to $13,000 to fix a home so that a family can move back in immediately won't be available if it is a secondary home. The assumption is that they already have a home. The disaster program is for unfortunate people not for those who have more than one home to live in. The insurance program allows you to insure as many homes as you would like. One exception is that your Planning & Zoning Commission September 27, 1995 Minutes Page 3 primary residence if insured up to 80 percent of value is covered for replacement cost coverage as opposed to adjusted costs. That will prove to be a big advantage of insurance over disaster assistance. Cook stated he felt that a lot of the people who have been damaged in the borough are probably under the assumption that it doesn't make any difference whether it is a primary or secondary home. Lastly, flood plain management is important. Managing a flood plain area generally supports other objectives. Generally will not be a lot of heavy development in the flood plain. Some of standards state you must leave part of the river open. By doing that, you are creating a corridor for recreation, enhancing fish habitat, supporting other uses in the river. Cook stated he knew there had been a lot of effort put into managing the Kenai River. Cook asked that the city consider these things when considering if the city wanted to participate in the flood insurance program. Cook stated that to participate there are three basic requirements. one is an application #orm, a one page fill in the blank, containing city address, etc. Two, a resolution of intent which is simply a statement saying the city wants to get into the flood insurance program, we are a responsible party, etc. Three, probably the most important, the city must adopt standards that will regulate new development in the flood hazard area. Cook stated that since the city doesn't have a lot of low lying area that is planned for development, he is unsure of the impact of this requirement. Cook stated he felt the city had a lot to gain and not sure how much it will cost the city. Cook stated the city could speak to the borough to hear what it was like to administer these standards. Christy Miller stated she would welcome any questions or concerns. Miller stated that after a disaster another year SBA loans were actually used to relocate erosion threatened structures. That was along the Matanuska River. They were not affected by the flood but one property owner used part of the funds to relocate back from the river. Questions on the building codes themselves; the initial thought is that regulations that are necessary could be incorporated into the city's existing building codes. Karen Mahurin asked that unlike other insurance that is paid for that this is just a commitment from the City of Kenai to approve zoning and building controls. Cook stated that would be the city's part of the program. Mahurin clarified that there is not a dollar figure involved just a commitment from the city to carry through with the requirements. Cook stated correct and that the individual buys the insurance from whomever they purchase their homeowner's policy such as Allstate, State Farm, etc. Ron Goecke asked Cook if he saw in his tours the last few days if he had seen any structural damage to any resident of the City of Kenai. Cook stated he had not toured Kenai but had been to Seward. Seward had damage to three or four residences, mostly public assistance such as culverts, bridges, etc. Cook stated he had been trying to get that information but that from what he could ascertain there are few if any j flooded structures in the cities. Cook s#ated teams are sent out to do preliminary Planning & Zoning Commission September 27, 1995 Minutes Page 4 damage estimates and they have done that in Seward but it hasn't been done in the Kenai area because it is taking so long for the water to recede. City Manager Tom Manninen stated that since Saturday there have been at least two structures at Angler Drive, Raineys and Riddles, that have had structural damage to at least the steps, porches, decks, and erosion of the yards. Continuing, he stated he had not been there since Sunday night so cannot say how much more damage has occurred. The residences were not flooded but the erosion of the bank tore away the stairs and the deck and whatever was in front of the house. They residents were trying to shore it up as of last night and Manninen stated he is not sure how successful they were. Royce Roberts had done some sheet piling a year ago and there were pictures taken a day ago showing the river is to the sheet piling which had been put in eight to ten feet from the bank. Basically, if it weren't for the piling, there would had been some serious damage. This is an example of the accelerated erosion that has occurred along the bluff. Pictures were taken and given to the incident command team this morning. Mayor Williams was with Senator Stevens' staff this morning. Karen Mahurin asked if there was flooding over the septic systems on Angler Drive which could be a serious problem with runoff into the river. Manninen responded even if there weren't whatever happened upstream is coming down and it has flooded several of the places upstream and that is all coming down. Manninen stated he is concerned and that is part of the city's concerns that were placed on lists. Part of the _) list is what does the city want someone else to do for us, and what can we do for ourselves. One of things we want someone else to do is provide testing kits for residents to test their water wells when the water recedes. Some things we can do far ourselves and others we cannot and testing water is one of those things. Continuing, stated he was not aware of any flooding of septic tanks in that area but don't want to minimize the impact of waters coming downstream into the water systems a[I along the bank. Ron Goecke added that he was at Angler Drive last night and water was no where near to the top of the bank to flood up in the septic tanks. Manninen stated that the irony in that area was that the residences that are affected is that they are higher than the other areas and if the sheet piling were not there they probably would have been islands by now and some other residences would have had damage. The sheet pilings changed the course of events. Cook stated he would end by stating that Christy Miller is available to help if the city decides to move ahead and what proposed standards would work. They have model ordinances, model provisions. Cook stated he is available and would leave business cards with contact information. Goecke stated he had a question far either the Mayor or City Manager and questioned if this flood different than the drawings for the ~ 00 year flood plan. Mayor stated he . would like a few minutes to address that and why he feels it might be beneficial for the Planning & zoning Commisslon 5eptembar 27, 1995 Minutes Page 5 city to approach the flood plain insurance again. First, with regard to Mr. Goecke's question, that is correct. During a meeting of the Kenai River District Overlay Committee, chaired by Sharon Moock, the Mayor stated he brought to their attention that there are different types of flood events that occur on the Kenai River. Spring flood by ice jams, fall floods by rains. One of the things that committee is having trouble identifying is what is a flood plain. What is a 100 year flood plain? This flood has occurred more or Tess in the Big Eddy area and River Bend area at least three times in the last 25 years. The Mayor asked, if this means we are yet to see the 100 year flood plain areas. These have been different types of floods though, ice jams, glacier pot hole dumping. It is interesting to note that this committee of 14 are further apart from identifying what can be considered the Overlay District than the 9 member borough assembly was. The Mayor stated he didn't see any consensus coming out of the committee at this point. They still aren't sure if they should incorporate their findings and advice into the existing borough flood plain ordinance or if there should be a separate Kenai River Overlay District. The Mayor stated this brought him to whether or not the city should involve themselves in participation in the program. Mayor Williams stated that the city has stood on the principle that the City of Kenai has long been able to take care of it's own program within the city through planning and zoning, through ordinances, through the ability to control the elements of a good ordinance because we have the power to do so. The Mayor commented that the borough has no authority to administer control through citation or citing the regulations if they are actually broken. The last thing the borough wants to do is control the regulations by virtually the only method available to them and that is the civil courts. This was brought to the committee's attention. For example, if you have 500 homes in the Kenai Keys and 500 homes are in violation of the building ordinance as established by the flood plain zone, there are 500 separate civil cases that must be brough# to the courts. The result may be $300 fine and some jail fine. There is a massive problem. The city has been saying to the Overlay District that the city will take care of their own. They have been asking what the city will do to take care of the Overlay District. The city has the Planning and Zoning Commission, a building code that they do not have and cannot subscribe to because of no enforcement. Perhaps, we could also say we subscribe to FEMA's Federal Insurance Program. Another step towards showing that the City of Kenai has the best of all possibilities of controlling ourself within our own city limits. The Mayor stated he felt the city should review the insurance program, review the model regulations that they have established and set up, review the numbers of properties affected, and review our position with regard to the Overlay District and come up with an answer to be passed on to the council with your recommendation with regard to flood plain insurance. Mayor commented that as Ms. Miller noted it is possible that local governments could be held liable by residents and/or businesses who could not get flood insurance if the city chose not to participate. The Mayor stated that scared him somewhat. In addition, assistance may not be provided in the identified flood plain areas and this includes financing by federal programs, if the city does not participate in the program. The Mayor stated he felt what the council would like to see is the Planning and Zoning Commission's review of the program to make a recommendation as to whether or not the city should participate in the program. Planning & Zoning Commission September 27, 1995 Minutes Page 6 Phil Bryson requested a five minute break. Break. 5. PLANNING 6, PUBLIC HEARINGS a. Variance, Resolution PZ95-47, Batir Creative, Inc. Vice-chair Glick asked if anyone in the public wished to speak to PZ95-47. Hearing none, asked if any commissioners had comments or staff comments. Jack La Shot noted that the Variance Application was signed by the builder and would like to ask that anything that is passed be contingent upon the owner signing the application. La Shot noted the builder was in attendance if there were any questions for him. RON GOECKE MOVED FOR APPROVAL OF RESOLUTION PZ95'47 BATIR CREATIVE INCORPORATED. MOTION SECONDED BY PHIL BRYSON. Glick asked for comments or questions of the builder. Councilman Bannock asked where this building was taking place on the Spur Highway. Doyle responded approximately one-fourth mile from Swires Road, left side of the highway. The owner is Bill Haywood. He has ared-colored building there with a hoop with firewood inside. Clarification from Bannock on which side of Swires Road and Doyle responded the Kenai side. Glick asked if the maker of the motion would like to add the staff comment to the motion. GOECKE MOVED TO APPROVE PZ95-47 WITH THE OWNER'S SIGNATURE ON THE APPLICATION. MOTION SECONDED BY PHIL BRYSON. Mahurin commented that she is very concerned about variances being an after- the-fact thing and would like to go on record with that concern. In addition, Mahurin is concerned about the commission approving something without the owner's signature. Mahurin stated she would vote tonight but felt that there may be a time to say no withou# the correct procedure being followed. Glick stated he agreed but felt the commission was covered since they had stipulated that in the motion. VOTE: BRYSON YES MAHURIN YES GLICK YES MOTION PASSED UNANIMOUS. 7, NEW BUSINESS Planning & zaning Commission Minutes WERNER-QUADE YES GOECKE YES September 27, 1995 Page 7 a. Tract C, Daubenspeck Property Subdivision } Staff comments--La Shot noted that Kim Howard had forwarded a memorandum to the commission, Item 7a. A developer has expressed an interest in part of the Daubenspeck Property, bordered on the east side by bridge access and on the northwest by Frontage Road, close to the old FAA, Senior Center, city Quonset huts, etc. Recommending that a new property line be configured similar to the sketch in the packet to take the Quonset huts and parking area out of the area they are interested in. In addition, the tank will have to be dealt with and a site assessment completed. The interested parties are the same that will be developing the new assisted living complex near the Senior Center. They want to use the property for condominiums, unassisted living on a rental basis and they would like to have the convenience of downtown and the Senior Center and their other facilities. They have been doing some extensive marketing research in the area and feel there is a need for this sort of thing. Glick asked how many acres were involved in the new configured layout. l.a Shot responded the original property was around 15 and this would make it to 10 or 12. Bryson asked if this would be open to public comment. Glick stated this is not a public hearing. Bryson stated he had a few comments. This property scales a little over a 1000 lineal feet of highway frontage and feels residential use a poor use of highway frontage as far as development concerned. In addition, this refers to a portion of Tract C. Does that mean this is not the entirety of Tract C. La } Shot responded that the area of the old Quonset huts and the parking area are also in Tract C. Mahurin asked if this was the parking area they city just installed that will be next to the interpretive area. La Shot confirmed this. Mahurin noted we would have a quiet, private place abutted to a high use residential area. Mahurin stated she had a problem with this particularly under what she thought the designation of that property was. Mahurin stated she did not feel the property was to be used for commercial development. Councilman Bannock stated that Lynn Robbins and Leo Grasso had both been to the council in regards to this. Bannock stated he shared some of those concerns he asked that the commission not confuse the potential use of the site with anything like a condominium complex such as in Anchorage with kids, and dogs, and cats, etc. It is their intention to tie it to their assisted housing project which visually is very common to the congregate housing and Senior Center that the city has now. The idea was not necessarily a commercial center but to tie this into a senior development center. This would place the senior industry in that part of town. Bannock stated he noted that Robbins planned to speak to the Planning and Zoning Commission and he assumed this is what she would want to relay to the Commission. Mahurin stated there were legal questions that had come to mind. If this was donated property for a specific use, then the city sells it to aprofit-making organisation, by law can you designate that it is only for senior citizens or is that a violation of discriminatory laws as to who has access to those condominiums. Bannock stated he could only speak to the memo which stated the Daubenspecks had no objection to a complex of this nature being built on the site. Bannock Planning & Zoning Commission Sepiemtrer 27, 1895 Minutes Page 8 continued that it is a fact that the Supreme Court had held in other cases that you can be age discriminatory in complexes of that nature. Goecke stated he had the same problem that Mr. Bryson brought up. That being, why would the city want to lease some prime commercial property along Bridge Access and would think that there would be better usage for that highway frontage. Goecke stated he felt that the city retaining the property for commercial usage would be better usage. Werner-Quads stated she had a comment regarding paragraph three and the underground storage tank that was found. She wondered about leasing the property in light of the problems the city had with the contaminated soils at the courthouse. Werner-Quads asked if the city was planning on testing the sails and the container being moved; La Shot stated the tank has been pumped and believes it is the intention to have site assessment completed. La Shot stated he didn't feel anyone would go too far with a lease or sale without resolving the issues of contamination. Bannock stated he would speak for the council. Regardless if the property was leased, sold, or stays exactly the same, there is a problem that has to be dealt with. Mahurin asked if this was an information item for the commission and it is actually the city council that will have a public hearing and determine or where does the commission fit into this process. Glick stated he felt the commission was asked to either recommend that the city pursue with the project or that they don't pursue it. Bryson stated that typically sub-groups of the city are requested to determine if they feel the city has a need or use for the property and that the commission happens to be one of those groups. Bryson questioned if Ms. Robbins' proposed visit on November 21st was in regard to this specific project. Glick stated the commission had been notified that she would not be coming then. Glick stated he assumed that the city would not move forward until she comes up and talks to the commission and the council. Bannock stated that they mentioned this while proposing their other plan which is under development. The Continuum Corp. is the developer and had identified this piece of ground. The city had stated the ground off limits but they could contact Daubenspecks and get their authorization the city would look at the project. Bannock stated the memorandum implied that the Continuum Corp. has reached the Daubenspecks. Glick stated his personal opinion that the commission is getting ahead of itself and until hearing from Ms. Robbins he didn't feel comfortable. Bannock stated he didn't think the commission was being asked tonight to make a recommendation towards the condominium. Stated he thought the question tonight was if the commission felt the land needed to be locked up for city use only. Should it be made available for sale ar lease. Or, should it be hung onto for a potential city use. La Shot stated another consideration was that the Daubenspecks were not specific on how the land was to be used but the proceeds from that land was to go to the Parks and Recreation Department in the city. Glick stated then if it were sold or leased those funds would go to the P&R Department. Bryson stated that is the Planning & Zoning Commission September 27, 1995 Minutes Page 9 present interpretation; however, he didn't feel it was that specific. Bannock stated he felt it was more like recreational-type activities. Mahurin stated there were several pieces of information she would like to have. Such as something that clearly designates what the Daubenspecks intent was when they gave the property to the city. Secondly, Mahurin would like to hear from Lynn Robbins what their intent is and have an opportunity to ask questions before we do anything. Not ready to proceed; do not feel like the commission has enough information to make any kind of a decision tonight. Bryson stated he generally felt that the Planning Commission has more responsibility in this than the other committees and commission that might take action on it. In that regard, Bryson stated he feels the commission should have their comments whether it is recreation or the fire department, or other city groups that potentially could have a use the land in their long use plans. Glick asked if Bryson was requesting that staff get the information and bring it to the commission for later consideration. Bryson stated he thought that would be appropriate. Concurrence by all commissioners. BRYSON MOVED TO POSTPONE ACTION ON THIS ITEM UNTIL THE COMMISSION RECEIVES COMMENT FROM OTHER CITY GROUPS. GOECKE SECONDED THE MOTION. VOTE: WERNER~QUADE YES MAHURIN YES GOECKE YES BRYSON YES GLICK YES Mahurin asked to be dismissed now that action items have been passed. Excused. 8. OLD BUSINESS 9. CODE ENFORCEMENT ITEMS 10. REPORTS a. City Council Councilman Bannock directed the Commission to the council's agenda from last week. The first ordinance which was tabled was actually tabled to October 18 instead of October 4. This has to do with environmental assessments and before continuing the council wants to see if this is a suggested action by the DEC or an order before spending the money. Mr. Goecke's comments were noted in the record under Item 6, Resolution 95-57 declaring the following equipment, supplies, and materials surplus or obsolete. The amended portion of it was that we were to take a particular tank truck and turn it into a truck and a tank. Old Planning & honing Commisslon Minutes September 27, 1985 Page 10 Business, Item G, regarding Midnight Sun Reservation Central passed with very little comment. One thing that was changed in the request was that originally Ms. Kangas had asked for a three month rent in the airport to cater to business people. Council was not comfortable with a three month rental. Approved CUP and one year lease stating that not only would she act as an incoming reservations agent but also acting as an outgoing agent. Similar to a travel agent. New Business, Item 4, the video will be played by the Salmon Producers Alliance. b. Borough Planning Phil Bryson reported beginning with the September 11th meeting. Lengthy meeting under coastal management programs. ARCO proposed seismic testing in the Clam Gulch area. Marathon Oil proposing exploratory well. There was a considerable amount of public comment concerning activity from several years ago in which there was a proposed gas well to be dug in a subdivision. Apparently there has been some activity in that area and has made the residents of the area nervous. The last meeting, the owner of that equipment indicated they are not proposing any work in that area so that may alleviate some concerns. Presentation by Jim Hanson, State of Alaska Division of Oil and Gas. He went over the general approach to evaluating property, advertising, and study that takes place in setting it up for a lease program. An easement on St. Ellas Avenue in the Kasilof area. Had come before as a vacation previously and 1 denied. People petitioning a reconsideration under the scenario that a new situation occurred. Concurred with by commission and will be back as new petition. No plats from the City of Kenai. Meeting this past Monday held in Homer. Primarily held there because a request to reclassify some borough property on the bench area above the city. A developer has proposed to purchase 80 acres in that area. Over 30 people testified. The meeting ran late. Action was postponed. Choices are classification for residential purposes or for preservation. Thirty-five people requested either no change or preservation status. Vacations not requiring a public hearing, ©oyle Estate Tract A, B, and C Petition to Vacate a 20 Foot Utility Easement. That had come before this commission and that was approved at the borough level. Thompson Park, same that had come before this commission, was approved. All other plats and vacations approved. No other items. c. Administration Jack La Shot noted on the Spur Highway doing a $30,000 change order to change the radius of the curb on the right hand curb going east on the Bridge Access so that the bigger trucks can make the corner. Making grade to put down more base course asphalt on segment C so that the business area should be opened up soon. Still saying that segment B, in front of the schools, will be done next year because PTI still has problems with relocating some equipment. Goecke asked how many change orders have already been done since had to Planning & Zoning Cammisslon September 27, 1995 Minutes Page ~ ~ start on section 3 before section 1. La Shot stated he didn't have access to that information but understood quite a few overruns. Bryson asked if the state approved the surface asphalt and La Shot responded approved this morning. Goecke asked if the driveway off the Bridge Access to the bowling alley was permanent. La Shot stated temporary. Continued that the city will get a few things out of the project. They may cap the dust bowl parking lot with material off the project, the storage area will be seeded. Half of city work done. 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS a. Lynn Robbins, Robbins Retirement Communities b. November 21, 1995 Meeting Schedule Council Approval c. City of Kenai Attendance Policy for Commissions and Boards 13. COMMISSION COMMENTS & QUESTIONS Vice-chair Glick asked if the Commission was going to make a recommendation regarding the flood insurance as result of the presentation. Bryson stated he felt public comment should be heard as it may affect some parties adversely. Goecke added that it does not cost the city anything except an implementation of the criteria. Continuing, if the erosion is covered, there may be individuals in town who would be interested in the program, but this needs to be clarified. Glick stated he was asking the group is they wanted staff to obtain information for the commission as to what modifications would be necessary to the building code and any other regulations that would be necessary so that a recommendation could be made. Bryson stated there are subdivided lots in this -area that are legal lots and by incorporating a building permit process that precludes construction in those areas to a degree you are taking property. Goecke indicated that if we had something on record for that area, this gives the city a stronger stance to say the city does not want to be a part of the Overlay District. Werner-Quade stated the commission should review the program so the liability factor could be shifted. She stated that this program provides a means for individuals to obtain aide in a disaster and the commission should at least review the regulations. Glick asked that this be placed on the agenda for the next meeting and for information to be obtained #or the commission to consider. Bryson noted that there are areas in the city that have been close to a damage situation that are not close to the river. Discussion about the various areas in the city that have been affected the past and the causes of the flooding. Werner-Quade stated she had a concern regarding Item 12c in regard to members missing several meetings and felt the next step should be to follow through and see how many meetings the member had missed. Goecke responded that he did not feel the commission were in a position to request a replacement; instead it should be council's decision. Werner-Quade noted she Planning & Zoning Commission September 27, 1995 Minutes Page 12 ,` had just noticed it and would like to see follow through but would not make a recommendation. She reiterated that this was not a personal concern but a concern for the commission as it is lacking a member and a voice from the community. ~4. ADJOURNMENT Meeting adjourned at approximately 8:40 p.m. Respectfully submitted: ~~ M rilyn Kebschull Administrative Assistant C:\WPDOC5\PZ95\PZ927.MIH Planning & Zoning Gommission September 27, 1995 Minutes Page 13