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HomeMy WebLinkAbout1995-12-13 P&Z Minutes' ` - ~ CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** ~ Council Chambers, 210 Fidalgo December 13, 1995, 7:00 p.m. - Chairman Kevin Walker 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: November 21, 1995 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. PLANNING: fi. PUBLIC HEARINGS: 7. NEW BUSINESS: S. OLD BUSINESS: a. Comp Plan Update b. National Flood Insurance Program ~;:~,-- 9. CODE ENFORCEMENT ITEMS: a. Kodysz Home Business Letter 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Work Session-Shkituk' Village Site~Tanuary 23, 1996 at 6 p.m. b. Letter appointing John L. Booth to Commission c. Planning & Zoning Commission Roster d. School Zones Memo e. Kenai River Special Management Area Advisory Board Minutes of November 16, 1995 f. KPB Planning Commission Action from November 13 & 27, 1995 meetings g. Kenai Habitat Restoration and Recreation Enhancement Project l 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION MINUTES December 13, 1996 Chairman Walker opened the meeting at approximately 7 p.m. New Commissioner John Booth was sworn in by Ms. Kebschull. Mr. Booth was welcomed to the Commission by Chairman Walker and other members. ROLL CALL: Members Present: Carl. Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke, Kevin Walker, John Booth, Karen Mahurin Members Absent: None. Others Present: Councilman Hal Smalley, Jack La Shot-City Engineer, Marilyn Kebschull-Administrative Assistant APPROVAL OF AGENDA: PHIL BRYSON MOVED FOR APPROVAL OF THE AGENDA AS SUBMITTED. MOTION SECONDED BY RON GOECKE. MOTION APPROVED BY UNANIMOUS CONSENT. APPROVAL OF MINUTES: KAREN MAHURIN MOVED FOR APPROVAL OF THE MINUTES OF NOVEMBER 21, 1995 MEETING. MOTION SECONDED BY RON GOECKE. Chairman Walker asked if any amendments or changes to the minutes. Mr. Bryson stated a reference in the minutes to the south property line regarding Bailey Subdivision and the intent was the west side. Walker asked what page it was on. Mr. Bryson withdrew the comment stating he may have been mistaken and it was in the Borough Planning Commission minutes. VOTE: GLICK: YES WERNER-QUADE YES BOOTH YES WALKER YES BRYSON YES GOECKE YES MAHURIN YES MINUTES APPROVED. Planning & Zoning Commission Minutes December 14, 1995 Page 1 OLD BUSYNESS: l Comp Plan Update---Kebschull advised that the original disk had been found and a decision had been made to make the changes within the document. The plan has been reprinted. It still lacks the library information. Kebschull advised she is in the process of proofreading page-by-page and hopes to have it done by the end of the year. Walker asked for comments. Walker asked that the draft be brought to the Commission for review. Kebschull advised that administration would like to purchase inexpensive, flexible, three-ring binders for each plan. Thon, next changes will be able to be placed in each section as an addendum. The way that the plan was bound originally the changes cannot be put in place. This will make it easier for future reviews. In addition, a list of plan holders needs to be maintained so that changes can be sent to them. At this time, a list doesn't appear to have been kept. Walker stated the segment on the library is before the Commission and asked for comments. Walker stated he had one comment. Under goals and objectives, a concern of whether or not library hours need to be increased Monday through Thursday and consider Sunday hours. Walker stated there had been a tremendous amount of discussion about this by council over the years. Walker asked if the Planning & Zoning Commission wished to leave the statement as is. Mahurin stated she didn't feel it was Planning & Zoning's place to determine goals and objectives for the library. Mahurin added she thought that the Commission's goal was to relay each Commission and Departments concerns to the Comprehensive Plan. Mahurin stated she felt that was what had been done and added she felt that was a management prerogative and not a Planning Commission prerogative. Walker stated he did not agree that this was a city prerogative. Walker stated that council sets the hours. Walker stated he will accept the Commission's recommendation if they choose to leave it in the document. Walker noted the document will be forwarded as an item from the Planning & Zoning Commission so it will be the Commission's choice whether or not to leave parts or all of it in the plan. Walker noted it seemed as if there was a consensus to leave it in. Bryson stated he assumed the document would go to a public hearing and public comment would be received prior to it's adoption. Walker stated he was not certain it went to public hearing but went to council for approval so would go through public process. Bryson noted that the Planning & Zoning Commission did not have the last word in drafting the document. Goecke stated he concurred with Chairman Walker's feelings on the hours. Goecke noted another number he was questioning was the 12,500 people on the current registration. Goecke commented that they must have everybody's name on the list who had ever taken out a library card. Goecke commented on the population of Kenai being 6500 or so. Mahurin advised she had asked that question and was advised that there were library users from surrounding areas and cannery workers. Goecke questioned them leaving cannery workers on the list and noted it made the library look good; however, he does not believe it is a viable number. Planning & Zoning Gommission December 14, 1995 Minutes Page 2 Bryson commented on increasing the library hours that the library is already open from 8:30 a.m. to 8 p.m. Mahurin stated that information was from the current plan and she doesn't know what the librarian's intention is except it wasn't revised. Councilman Smalley stated he would be glad to bring a report back to the next meeting as far as the current, up-to-date, active users to the library. Smalley noted it is a very high number and there are more outside of the city than are residents of the city using the library. Walker stated he would tend to believe the 12,000 as active card holders; however, how often they use the library is another story. Walker again asked if the Commission wanted to leave the goal information intact. Smalley recommended that their goals not be adjusted without discussing it with them. Glick stated that whether we agree or disagree with the goal, it is a goal of the library board and a lot of the other departments had goals that he didn't agree with but they were not changed. Walker asked if the information came from another commission or was it copied out of the current book. Mahurin stated she worked with the librarian on December 8~h to update the information. Walker asked if thore were any changes or adjustments. None noted. National Flood Insurance Program-Jack La Shot stated Chore was information in the packet concerning the National Flood Insurance Program. La Shot reminded the Commission about the FEMA people who had presented to the Commission earlier in the fall. There is a sample ordinance and resolution with same of the requirements highlighted. La Shot stated he wanted the Commission to review the information and give recommendations, comments, etc. so that the information could be passed onto council to get the process started if they should choose to do so. If council decides to get involved, La Shot stated he believed that the administration would begin the process. Walker asked for discussion. Walker stated he thought the question in most minds is if there is a fiscal note attached to the program. La Shot stated there is nothing monetary. It will be a matter of putting it into our building inspection program and enforcing it. La Shot stated the Borough is finding out that somothing needs to be done. They have been in the program a couple years and since the flooding they have found out what needs to be done to enforce it, and there is some liability. Kenai probably has a leg up on the Borough because of the building official that would roview building permits. Due to the limited developable area in the city, the city's exposure will probably be minor. La Shot stated there is a large area within the flood plane and hazard areas as they define them. Most of those lands aro publicly owned and we can pin point the areas that do have a problem such as Angler Drive and possibly Barabara. Some land away from the river along corridors of drainages may be involved. These are mostly no name creeks and Beaver Creek. La Shot stated that if this goes far enough he will recommend that the city incorporate not only the flood insurance maps but try to work in a flood hazard study that was done by Soil Conservation Service a few years back. This shows inland drainages. Planning & Zoning Commission December 14, 1995 Minutes Page 3 Glick stated it was his understanding the city would be making a new flood plane zone and then it would follow the building code as outlined. La Shot stated the city would create a new ordinance like the example. The areas would be defined either by elevation or simply using the FEMA. map. Glick stated the expense would be creating the ordinance and the building inspection program. La Shot stated it would also involve monitoring and there could be some liabilities there. La Shot stated most of the work would come before actual building, as to whether it was in a flood zone. Councilman Smalley advised that at the last council meeting there was a presentation from residents of Anglers Acres, and had the city had a program in effect, those homeowners could have had insurance programs that would have allowed them to recoup some of their losses. One of the things they asked was when is the city going to involve themselves in the Flood Insurance Program so that they can be afforded protection. The Mayor had advised them it would be a discussion item at this meeting. Smalley stated he was surprised that there were not people in attendance in reference to this item. La Shat stated it is hard to quantify the city's liabilities for not being involved. Bryson referenced Kristy Miller's letter, next to the last paragraph, "the city may want to consider more appropriate standards such as set back standards on erosion prone lots." Bryson stated the erosion prone lots that are being discussed are river erosion and not bluff situations. Bryson stated he felt that would cause critical input to this. La Shot stated he felt the other bluff property could be included because of the proximity to the coastal area. Bryson stated he felt people in the city may be more sensitive toward this, because it can effect a lot of small lots with set backs on bluff properties. La Shot noted that people are starting to make buildings a little more movable. Bryson stated he would interpret this for now as being hydraulic orosion. Walker stated he felt it should be noted that under Section 1.4 they list a number of restrictions and that under these restrictions there would be virtually no development in places like Anglers Acres. Walker stated that one believes that if we are going to have these kinds of restrictions rather than worry about flood insurance, by restricting use of the flood plane, we can strictly obviate the use of that and restrict use in the flood plane if that is the intent. Walker stated he personally feels this is a backward way of placing greater control in the flood plane. Walkor stated there are some people in the flood plane for this and some against it. Walker stated he felt that was why the last borough ordinance failed. La Shot stated it does limit development in the flood plane; in fact, it pretty much prevents it unless it is protected or the construction is lifted above it. Walker stated he would like to see a flood plane map before the Commission to view the properties being discussed. Bryson stated ho concurs that the Commission should review a map before making any decisions. Walker asked La Shat if it was his intent that the Commission take a careful review of this item. La Shot stated he would like to pass this on to council with the comments as they are, and should they want to take the matter further, a sample ordinance will be prepared, public hearing, map, etc. Then, further comments can be given. La Shat stated he wanted a few more comments for council before it was sent to them. Planning & honing Commission December 14, 1995 Minutes Page 4 CODE ENFORCEMENT ITEMS: Kodysz Home Business Letter-Walker asked if any further comment on this item. Kebschull advised that the certified receipt had not been returned on the letter. REPORTS: City Council----Smalley reported on two meetings, November 22nd and December 6th. At the November 22nd meeting items discussed included: Bids on two patrol cars, transferring up to $10,000 for moving expenses for the new Finance Director, transferred $10,000 to pay for the Challenger Center study, logging beetle kill trees on city properties, the state gave final approval on Glacier Environmental clean up at the courthouse, and Southcentral Air is in business at the airport. Smalley advised there was a meeting last Friday with the legislators to discuss the upcoming legislative session and city's goals. At the December 6th meeting the following items were discussed: Mr. Coghill gave the city's financial statement, residents of Angler's Drive petitioned the city to form an LID to place structures below mean high tide to prevent further erosion at an estimated cost of $200,000, transferred money to repair Christmas decorations transformers, grant was approved for the signs in Old Town and the Shkituk' Village, transferred $8,000 to City Manager for increased transportation expenses, a heavy duty ambulance has been ordered to replace the ambulance which has 75 to 80,000 miles on it, open house at the library on December 14th, work session request from Townsite Historic District Board for January 23i4, possible taxing of pulltabs, bingo, etc., approved assignment of lease for Budget Rent-a-Car transfer at the airport to Bonnie Koerber, Kenai River Boardwalk funding by grant, grant to protect the dunes, the new well being completed, and a possible ordinance for an alcohol and drug testing policy for city employees. (Smalley advised Commission of the federal law and how it would effect the city.) Goecke asked why governmental employees were different from private sector employees. Smalley advised that is how the law is written. Walker asked if this was state or federal law and Smalley advised both. Smalley stated that council had asked administration and city attorney to draft a policy and bring it back to council. Walker asked if the new ambulance will require additional floor space at the fire hall. Smalley advised no and that the old one will be stored somewhere else in dry storage either at the airport or one of the buildings where sand is stored. Walker asked if this equipment could be for staffing and equipment at a fire hall by Thompson Park. Smalley advised that could be possible in the future. Werner-Quade asked why the city police and fire staff would not be subjected to drug testing. Smalley advised that state and federal regulations exempt them. (Discussion on drug and alcohol testing and who the law applies to.} Planning & Zoning Commission December 14, 1995 Minutes Page 5 Borough Planning-Phil Bryson reported that in the packet Ztem 12F contains the minutes from the November I3~h and 27tih meetings. Bryson stated he had previously reported on the November 13tih meeting. On the 27th, items specific to the city were foux plats. One of these was Bailey Subdivision on Lawton Drive. Borough Planning Commission saw fit not to incorporate the city's comments on the plat. The plat was approved as submitted. A meeting was held last Monday night, no items were specific to the City of Kenai. Addressed an item that had stretched over three meetings. There had been a petition to vacate a road that was shown on prior plats on MacDonald Spit the other side of Kachemak Bay. Bryson explained this is a lot where the petitioner had requested to have the trail shown across his lot be removed from the plat. He individually had constructed alternate access and indicated a pedestrian easement. This created adequate access across his lot but neither end of it tied into constructed access. It was not deemed to be appropriate to vacate the commonly used trail. The developer of the subdivision had not constructed a trail he was supposed to have but apparently through the publicity and one court decision he decided to finish the project. He completed the trail in the last two weeks. Tho Borough Planning Commission approved the petition to have the note removed from the plat. Bryson commented that the Homer Assemblyman has proposed an ordinance setting up an advisory Planning Commission for Kachemak Bay. This would encompass over 200,000 acres. There was some concern on the Planning Commission to have an area that huge under one Planning Commission. This would be from Kachemak Bay to the Anchor River area. There was a request from the Commission to limit it to the Fritz Creek voting district. That will go to the assembly as a recommendation. Thore is also a request to have a Commission set up for Grey Cliffs area. Administration-La Shat noted the Old Town and Shkituk Villago signage giant will be completed and in the mail by the end of the week. The well tests have not been received back and should be received any time. Walker asked how deep the well was. La Shat stated 420 feet and screened from 350 to 400 feet. Walker asked if this was a six inch well and La Shot advised twelve inch. Discussion on how deep the well was screened. INFORMATTON ITEMS: Work Session-Shkituk' Village Site-January 23, ].996 at 6 p.m.-Walker asked the Commission felt about this work session. Walker noted that he is out of town half of the Tuesdays of each month, he may nor may not be able to attend. Mahurin stated she may also be unavailable. No other Commissioners noted any conflict to the scheduled work session. Kenai Habitat Restoration and Recreation Enhancement Project Werner-Quade commented that she was happy to see this project as she had attended a work session in this regard. She noted that this is a very fragile habitat area. Planning & Zoning Commission December 1 A~, 1995 Minutes Page 6 ~~, COMMISSION COMMENTS & QUESTIONS: Mahurin welcomed Mr. Booth and wished everyone a Merry Christmas. Councilman Smalley welcomed Mr. Booth. In addition, noted he would be out of state and unavailable for the next meeting on December 27th but would try to have someone cover the meeting for him. Chairman Walkor welcomed Mr. Booth. ADJOURNMENT: Meeting adjourned at approximately 8:30 p.m. Resp tfu y submitted: Maril n Kebschull Administrative Assistant Planning & Zoning Commission Minutes i]ecember 14, 1995 Page 7