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HomeMy WebLinkAbout1997-01-22 p&z packetCITY OF KENAI ~ PLANNING AND ZONING COMMISSION '' **AGENDA** KENAI CITY COUNCIL CHAMBERS January 22, 1997, 7:00 p.m. http://www.Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: January 8, 1997 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: 7. NEW BUSINESS: 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. Borough Planning Commission Information b. Kenai River Special Management Area Advisory Board Minutes (12/12/96) 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION January 8, 1997 ***Minutes*** 1. ROLL CALL: Members present: Carl Glick, Phil Bryson, Ron Goecke, Karen Mahurin, Teresa Werner-Quade, Barb Nord Members absent: Michael Christian Others present: City Engineer Jack La Shot, Administrative Assistant Marilyn Kebschull 2. APPROVAL OF AGENDA: GOECKE MOVED TO APPROVE AGENDA. GOECKE NOTING THAT ADDITIONAL INFORMATION WHICH HAD BEEN PROVIDED ON THE PUBLIC HEARING AND ASKED FOR UNANIMOUS CONSENT. MAHURIN SECONDED THE MOTION. AGENDA APPROVED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES: December 11, 1996 BRYSON MOVED TO APPROVE THE MINUTES OF DECEMBER 11, 1996. GOECKE SECONDED THE MOTION AND ASKED FOR UNANIMOUS CONSENT. MINUTES APPROVED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. PZ97-2-Conditional Use Permit (Montessori Preschool)-Jeanbrown Schooley, Lot 3, Karen Subdivision, Kenai, Alaska WERNER-QUADE RECOMMENDED APPROVAL OF PZ97-2, CONDITIONAL USE PERMIT FOR A MONTESSORI PRESCHOOL. MOTION SECONDED BY MAHURIN. PUBLIC HEARING OPENED. Cliff Baker, from audience, asked to review the information that was submitted regarding the public hearing. Copy of memo provided to Mr. Baker. PUBLIC HEARING CLOSED. Planning & Zoning Commission Page 2 Minutes January 8, 1997 Chairman Glick asked for additional comments from Mr. La Shot. La Shot noted the memo is in regard to the building officials' comment in the staff report regarding the smoke detectors and other items. La Shot stated he wanted to delete one sentence from his comments on the staff report. In the last paragraph, second sentence "traffic flow would have similar impact to the surrounding area" should be deleted. Glick clarified La Shot wished to strike sentence and La Shot confirmed this. Mahurin stated her only comment would be to support the permit. Mahurin noted that no one is here speaking against it and no one has written anything. Mahurin stated she is familiar with the applicants and feels this would be an addition to city and something that is needed. Bryson asked the applicant if there would be fencing. Ms. Schooley stated that they could not fence in the winter and noted that the building official is unavailable. Bryson asked if the Montessori program would require fencing and Ms. Schooley stated no. VOTE: BRYSON YES GOECKE YES MAHURIN YES APPROVED UNANIMOUSLY. WERNER-QUADE YES NORD YES GLICK YES 7. NEW BUSINESS: a. PZ97-1-Home Occupation Permit (Creative Memories Consultant)-810 Peninsula Drive, Apartment #31, Kenai, Alaska GOECKE RECOMMENDED APPROVAL OF PZ97-1, HOME OCCUPATION PERMIT AT 810 PENINSULA DRIVE. MOTION SECONDED BY MAHURIN. Glick asked applicant if she had further information to provide. Applicant stated nothing additional to the information that was submitted. Bryson clarified if the apartment was upstairs and asked if the owner was aware of submittal and if they agree with it. Applicant stated there is an onsite manager and they are aware of the business and have not given any indication that the owner is against it. Nord asked how many clients come to the apartment. Ms. Skinner noted that most of the business is not done onsite. Skinner added that the only business done onsite is calling in orders, taking orders over the phone, and unpacking deliveries. Skinner stated that everything else is conducted at the homes of other people. Mahurin asked if this is like a tupperware operation where you sell at other's homes and not actually from the apartment. Applicant confirmed this. Planning & Zoning Commission Minutes VOTE: WERNER-QUADE YES NORD YES BRYSON YES APPROVED UNANIMOUSLY. GOECKE MAHURIN GLICK Page 3 January 8, 1997 YES YES YES 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. .City Council Chairman Glick advised that Councilman Smalley was unavailable as he was at the council meeting. Glick recommended that the commissioners read the information and save questions for the next meeting. b. Borough Planning Mr. Bryson noted the agenda in packet. Bryson reported the following: Consent agenda approved without change. Item E, Drew Scalzi from the assembly had a presentation concerning sand gravel and materials site which had recently been adopted by assembly. As the use of the ordinance has progressed, Bryson noted they have identified weak aspects of the ordinance. Bryson noted that Scalzi has proposed, as an individual, a number of modifications to the ordinance. Bryson noted he has a copy of the draft that will be progressing as a modification to the ordinance. Under F, the borough is in process of establishing regulations for subdivision waste water disposal. Bryson noted that the borough is in the process of enforcing water and sewer requirements for subdivision plats prior to final approval of the plat. Bryson stated they have come up with final draft and a work session will be held on January 13t". Nord asked where the work session would be held and Bryson advised most likely in the assembly chambers. Item G, was a public hearing on the City of Kenai Comprehensive Plan. Bryson noted the Plan was made available to the public and a motion to recommend approval to the assembly. Item H, Vacations, the first four approved. Number five returned to petitioner. Of special consideration items, Harborview Estates replat requested a time extension which was recommended for six months for final filing. Plats under Section J, one through three approved. Plat four was returned to the surveyor for redesign. Plats five through eight were approved. Item L, the Coastal Management Program, there is a proposed drill site for gas development well in the Kasilof area and there has been a great deal of continuing concern by people in the subdivision. Bryson stated this is at the state level. Recommendations were made by the Planning Commission to include ground water testing prior to final approval to drill. Planning & Zoning Commission Minutes Page 4 January 8, 1997 Mahurin asked if any comments were received on Comprehensive Plan. Bryson stated none. c. Administration La Shot stated he doesn't have anything in particular to report and drew attention to the end of the year report. La Shot stated administration plans to have an end of the year report for the building department by the next meeting. 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. 1996 End of the Year Report b. Borough Planning Commission Information ~. Reappointment Letters d. Planning Commission Roster 13. COMMISSION COMMENTS & QUESTIONS: La Shot noted a public hearing is scheduled for the March 13t" Airport Commission meeting on the Master Plan. La Shot stated that after the Master Plan reaches almost the final stage, there will be another hearing scheduled. La Shot noted the Planning Commission are welcome to attend the meeting on the 13th 14. ADJOURNMENT: Meeting adjourned at approximately 7:18 p.m. Resp tfully ubmitted: fi ~~ M rily Kebschull Administrative Assistant ~~~~~ AGENDA RENAI CITY COIINCIL - REGIILAR MEETING JANIIARY 8, 1997 7:00 P.M. RENAI CITY COIINCIL CHAMBERS http://www.Renai.net/city A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *Al1 items listed with an asterisk (*) are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDIILED PIIBLIC COMMENT (10 Minutes) ~,1 •,,~,a~~-z.v ~ ,~, -~w~- ~~s~y~. Leo Grasso - Assisted Living Facility Funding 1 ~,,~.Z~~~~' C. PIIBLIC HEARINGS 1. Ordinance No. 1729-96 - Increasing Estimated Revenues r and Appropriations by $38,934 in the General Fund for ,~C~,~ ~~ ~~' Police Department Overtime and Equipment Financed with ;~ a State Grant. 2. *1997/98 Liquor License Renewal - Eadie's Frontier Liquor Store - Package Store. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board c. Challenger Steering Committee d. Kenai Visitors & Convention Bureau Board e. Alaska Municipal League Report Page 1 of 2 E. MINIITES 1. *Regular Meeting of December 18, 1996. F. CORRESPONDENCE G. OLD BIISINESS A. NEW BIISINESS C~~,:'t^~-~~.. Bills to be Paid, Bills to be Ratified ,Z~~, 2. Purchase Orders Exceeding $2,500 ~~~~ 3. *Ordinance No. 1731-97 - Amending Kenai Municipal Code 3.05.030 and 3.25.080(c)(2) to Ref lect the Change in Administration of the Animal Control Department from Public Works to the Police Department. 4. *Ordinance and Approp: Contracted 5. Discussion Rental Car EBECIITIVE 8E88ION No. 1731-97 - Increasing Estimated Revenues riations by $28,000 in the General Fund for Services of the Interim City Manager. - Airport Commission Recommendation for Spaces at Airport. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. D~BCIISSION 1. Citizens (five minutes) 2. Council R. ADJOIIRNMENT Page 2 of 2 AGENDA RENAI CITY COUNCIL - REGULAR MEETING JANUARY 15, 1997 7:00 P.M. RENAI CITY COUNCIL CHAMBERS http://www.Renai.net/city A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Ginger Steffy, Chairman of Board of Directors, Challenger Learning Center. C. PUBLIC HEARINGS 1. Ordinance No. 1731-97 - Amending Kenai Municipal Code 3.05.030 and 3.25.080(c)(2) to Reflect the Change in ~~~~ ~ Administration of the Animal Control Department from ij Public Works to the Police Department. // 2. Ordinance No. 1732-97 - Increasing Estimated Revenues and Appropriations by $28,000 in the General Fund for ~~ Contracted Services of the Interim City Manager. 3. Resolution No. 97-1 - Awarding a Lease for the Kenai Municipal Airport Terminal Restaurant to Don A. ~/~~ (~ ' Middleton Under the Terms Stated in the Bid Proposal Submitted January 9, 1997. 4. Resolution No. 97-2 - Transferring $1,200 in the ~Q~~~ .(~ ` General Fund for the Purchase of a Computer in the Finance Department. - 5. 1997/98 Liquor License Renewal - Oaken Keg #58 - /Y~ ) Package Store. ~ ~ Page 1 of 3 D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board c. Challenger Steering Committee d. Kenai Visitors & Convention Bureau Board e. Alaska Municipal League Report E. MINUTES 1. *Regular Meeting of January 8, 1997. F. CORRESPONDENCE G. OLD BUSINESS H. NEAP BUSINESS ' 1. Bills to be Paid, Bills to be Ratified ~ • 2. Purchase Orders Exceedin g $2,500 /' 3. Discussion - Change of fine structure for Library. 4. *Ordinance No. 1733-97 - Appropriating $15,000 of Grants Received for Development of the Alaska Challenger Learning Center and Authorizing the Transmittal of this Grant Money to the Alaska Challenger Center for Space, Science and Technology, Not-for-profit Corporation. ERECUTIVE SESSION I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director a Page 2 of 3 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council R. ADJOURNMENT Page 3 of 3 ! Dl, KENAI PENINSULA BOROUGH _ _ PLAT COMMITTEE ~) BOROUGH ADMINISTRATION BUILDING PLANNING DEPARTMENT SOLDOTNA, ALASKA January 13, 1997 5:30 P.M. Tentative Agenda A. CALL TO ORDER Members: Peggy Boscacci Seldovia City Term Expires 1987 Philip Bryson Kenai City Term Expires 1888 Ellis Hensley, Jr. Nikiski Term Expires 1988 Ann VYhitrrwre~sinter Moose Pass Area Term Expires 1987 Alternates: John Hammeknan Areawide Term Expires 1888 Brent Johnson Kasilof Area Terre Expires 1887 1 R~ B. ROLL CALL C. APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND MINUTES 1. Commissioner Excused Absences a. No excused absences requested. 2. Minutes a. None D. CONSIDERATION OF PLATS 1. Bunnell's S/D 1996 Pratt Museum Addn.; Homer City Preliminary; Roger Imhoff KPB File 97-001 2. Commerce Park Resub Lot 3; Homer East Road Preliminary; Ability Surveys KPB File 97-002 3. Voznesenka Five; east of Homer Preliminary; Ability Surveys KPB File 97-003 4. Old Mill S/D No. 6; north of Seward Preliminary; Johnson Surveying KPB File 97-004 5. Shady Grove Estates Herrin Addn.; east of Soldotna Preliminary; Whitford Surveying KPB File 97-005 6. Radar Subdivision No. 2; Kenai City Preliminary; Whitford Surveying KPB File 97-006 i • ~'`` 7. Laubner Addn. to Seward Goresen-Carlson 1996 Replat -~ ~ `- Seward City; Preliminary ~ ;;;~' ` Integrity Surveys ~ ~ KPB File 97-007 ~~ `" ~ 8. Newell Park East; Greer Road . ~` Revised Preliminary; Mullikin Surveys KPB File 96-242 • •-~~ ~ 9. Adell Acres Addn. No. 1; Scout Lake Loop Revised Preliminary; Swan Surveying KPB File 94-092 E. ADJOURNMENT The next regularly scheduled Plat Committee meeting is January 27, 1997 at 5:30 p.m. in the Planning Department at the Borough Administration Building in Soldotna. z KENAI PENINSULA BOROUGH PLANNING COMMISSION 1e1'fra'~~r ~ BOROUGH ADMINISTRATION BUILDING bb~~ ~~ ASSEMBLY CHAMBERS * ~ ~~ SOLDOTNA, ALASKA ,y ~ ~~~~ n JANUARY 43, 1997 7:30 P.M. ,r, do ~,Vv Tentative Agenda '~~~Zgzy~~Z~ti John Hammelman A. CALL TO ORDER Chairman Areawide Term Expires ~s99 6. ROLL CALL Philip Bryson ~:~w Ctairman C. APPRO\iAL OF REGULr1R AGENDA ANA ADOPTION OF Kenai city CONSENT AGENDA Term Expires 1998 Ann Whitmore-Painter All items on the consent agenda are considered routine and noncontroversial b the Parliamentarian Plannin Commission and will be a roved b one motion. There will be no separate Moose Pass Area g PP Y Term Expires 1997 discussion of these items unless a Planning Commissioner or someone from the public so requests, in which case the item will be removed from the consent agenda and Peggy G. Boscacci considered in its normal sequence on the regular agenda. PC Member seldovia City If you wish to comment on a consent a enda item or a re ular a enda item other than a Term Expires 1997 9 9 9 ~ public hearing, please advise the recording secretary before the meeting begins, and she Wayne Carpenter will inform the Chairman of your wish to comment. PC Member Seward City Term Expires 1999 1. Time Extension Requests Robert Clutts Pc Member a. James H. Cowan Estates Anchor Point KPB File 95-186 [Whitford Surveying) Term Expires 1998 Location: City of Kenai Wes Coleman PC Member soldotna city b. GeneralOVa $/D Term Expires ~sss KPB File 88-006 [Mullikin Surveys Leroy Gannaway Location: Chakok River PC Member Homer City Term Expires 1998 2. Plats Granted Administrative Approva~ Ellis Hensley, Jr. Pc Member 3. Plats Granted Final Approval Under 20.04.070 -None Nildsld Term Expires 1999 4. KPBPC Resolutions -None Brent Johnson PC Member Kasibf Arm 5. Coastal Management Program Term Expires 1997 Tom Knock a. Coastal Management Program Consistency Reviews PC Member -None Cooper Landing Term Expires 1998 Mike Navarre, Mayor ~ Llaa Parker .~ ~ ~~ ~ Planning Director Maria Sweppy ;, Admin. Assistant .~ ~. b. Conclusive Consistency Determinations Received from DGC c. Administrative Determinations 6. Kenai River Habitat Protection (KPB 21.18) a. Kenai River Center Summary of Activities 9/26/96 through 12/20/96 7. Commissioner Excused Absences a. No excused absences requested. 8. Minutes a. December 16, 1996 D. PUBLIC COMMENT AND PRESENTATIONS (Items other than those appearing on the agenda. Limited to three minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS -None F. PUBLIC HEARINGS 1. Vacate Spruce Hen Road public right-of-way; vacate the ten foot utility easement adjacent to said Spruce Hen Road; vacate ten foot utility easements with-in Lots 1, 2, and 3-A Block 1, Franzman Subdivision; Section 1, Township 5 North, Range 9 West, Seward Meridian, Alaska; KPB File 96-260 2. Naming unnamed public easement which lies in a northerly direction from Watkins Avenue, approximately 1,260 feet in length, 60 feet in width. The described permanent easement is located on the east 60 feet of the SE%4 of the NW'/., Section 3, T5N, R9W, S.M. 3. Establishing requirements for subdivision wastewater disposal; final draft ordinance Chapter 20.14 G. VACATIONS NOT REQUIRING A PUBLIC HEARING Vacate a twenty foot utility easement, lying within the westerly ten feet of Lot 6 and within the easterly ten feet of ,, I Lots 4 and 5, Nesbett Subdivision (Plat 77-93 HRD); within Section 32, Township 5 South, Range 12 West, Seward Meridian, Alaska; KPB File 96-255 [Ability Surveys) 2. Baron Park S/D No. 9, Lot 2-C -utility easement vacation; KPBPC Resolution 97-02: Vacating the southerly four feet of a fifteen foot utility easement within Lot 2-C, Baron Park Subdivision No. 9 (plat 94-75 KRD) Section 33, Township 6 North, Range 11 West, Seward Meridian, Alaska; and within the City of Kenai; KPB File 96-259 [Whitford Surveying) H. SPECIAL CONSIDERATIONS 1. Ptarmigan Acres, Eagleaerie Estates Addn. -Exception to easement dedication; KPB File 96-155; Doug Stark 2. Bowers S/D No. 5 -Exception to KPBPC Resolution 88-02 Note & Affidavit; KPB File 94-135; Jerry Anderson 3. Silver King Eight -Exception to KPBPC Resolution 88-02 Note & Affidavit; KPB File 95-164; Jerry Anderson 4. Glacier View Ranch Eastland Estates Addn; KPB File 85-106; J.K. Magee; Location: Home East Road, Eastland Creek area I. CONSIDERATION OF PLATS 1. Nine plats are scheduled for review by the Plat Committee. J. KENAI RIVER HABITAT PROTECTION (KPB 21.18) 1. Application for Conditional Use Permit Under Ordinance 96- 06 to convert residential usage to commercial within fifty feet of ordinary high. water of the Kenai River on Lot 3-A; Bodnar Subdivision at River Mile 20.8 right bank (KPB Parcel No. 060-051-10): Wallin; KPBPC Resolution 97-01 2. Appeal of Planning Director's Decision: Prior Existing Activities and Structures Pursuant to KPB 21.18.090 for Construction of Deck and Stairway within the Kenai River Habitat Protection Area; Lot 3 ,Block 5, Ravenwood Subdivision, Addition No. 2; Kenai River Mile 16.2 Right Bank; KPB Parcel No. 055-580-55; Bredin K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS - None L. OTHER/NEW BUSINESS 1. Prior Existing Use Pursuant to KPB Code 21.13.160 for a Sand, Gravel or Material Site; Tract 3 Perry-Veater Tracts Subdivision; T3S, R14W, Section 8, S.M., KPB Parcel No. 159-521-11; Vemon, Kelly M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. ADJOURNMENT WORK SESSION Material Site Working Group. A work session is scheduled for 5:30 to 7:00 p.m. Monday, January 13, 1997 to be held in Conference Rooms A and B. The topic is KPB Chapter 21.13, Conditional Land Use Permits for Sand, Gravel or Material Sites. Contractors, engineers and other interested parties are welcome to attend. PLAT COMMITTEE The Plat Committee will meet January 13, 1997 at 5:30 p.m. in the Planning Department at the Borough Administration Building in Soldotna. ~ZITUR~ M;Et77NGS WORK SESSION Material Site Working Group. A work session is scheduled for 5:30 to 7:00 p.m. Monday, January 27, 1997 to be held in Conference Rooms A and B. The topic is KPB Chapter 21.13, Conditional Land Use Permits for Sand, Gravel or Material Sites. Contractors, engineers and other interested parties are welcome to attend. PLAT COMMITTEE The next regularly scheduled Plat Committee meeting is January 27, 1997 at 5:30 p.m. in the Planning Department at the Borough Administration Building in Soldotna. PLANNING COMMISSION The next regularly scheduled Planning Commission meeting is January 27, 1997 at 7:30 p.m. in the Assembly Chambers at the Borough Administration Building in Soldotna. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. December 23, 1996 Letter from Kachemak City Mayor 2. December Letter from Corps of Engineers Regarding Anchor Point Navigation Improvements Project 3. December 31, 1996 Memo from Lisa Parker Regarding Informational Materials 4. 1996 Platting Activity ~._ MNCS K Bwy ~1 ~C ~urutiy Rwer,4~C KiF'8 ~t~;s~~mlrTy Cooker La:rtidiru~,Q~C Moog ~a~,4~C K~''B ~lat'C $ ~1~x.rivuru~C Ka~c~~,rnaXvBay ~l~C K~'8 r4s;~e~ K~'8 flat Cown~n%LrtePi ~ ~I~aruun~ C ~EapP-1Sunri.~~1~C Jan . 2 Jaw. 6 J~ ~ J~ s Jaw. 9 Jaw. 13 Jaw 16 Jaw. 21 Jan . 2 7 ~elr. 1 s .~ ~~< '~~ .. . January 14, 1997 Kenai Peninsula Borough Planning Department 144 North Binkley Soldotna, Alaska 99669-7599 (907) 262-4441, extension 260 FAX (907) 262-8618 NOTICE OF PLANNING COMMISSION ACTION MEETING OF JANUARY 13, 1997 RE: James H. Cowan Estates Time Extension Request The proposed time extension was approved by the Kenai Peninsula Borough Planning Commission. The draft, unapproved minutes are attached. If you have any questions, please feel free to contact the Kenai Peninsula Borough Planning Department. This notice and unapproved minutes were sent January 14, 1997 to: City of: City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611. Survey Firm: Whitford Surveying, P.O. Box 4032, Soldotna, Alaska 99669-4032. Subdivider/Petitioner: James Cowan, 29243 Pacific Coast Highway, Malibu, California 90265. KPB File Number: 95-186 /ZO 212? .~ i~ i ~\~stis`Z% AGENDA ITEM C. CONSENT AGENDA ,) 1. Time Extension Request a. James H. Cowan Estates* KPB File 95-186 [V1lhitford Surveying] Location: Angler Drive within the City of Kenai STAFF REPORT PC Meeting 01/13/97 The City of Kenai has been advised of the request for a time extension. The design of this subdivision is compatible with the adjacent subdivision, which was recently filed. The original preliminary approval was valid through November 27, 1996. STAFF RECOMMENDATIONS: Extend approval through January 13, 1998. END OF STAFF REPORT *Approved by adoption of the consent agenda. i KPB PLANNING COMMISSION JANUARY 13, 1997 MEETING PAGE 2 KENAI PENINSULA BOROUGI-1 _ 144 N. BINKLEY • SOLDOTNA, ALASKA • 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 ADMINISTRATIVE APPROVAL Subdivision: Beaver Loop Acres Addition No. 1 KPB File 96-007 MIKE NAVARRE MAYOR The Kenai Peninsula Borough Planning Commission has reviewed the above subdivision plat. Administrative Approval has been granted by the undersigned on December 26, 1996. The time limit for filing the plat with the District Recorder will expire one year from approval date. Mary Tol Acting Platting Officer NOTARY ACKNOWLEDGEMENT: Subscribed and sworn before me this Zfo day of ~~em~-Q,Y' , 1996. h1©Ta~y ~ {j ffi.s P~~za~ s Notary Public for State o AI a AqT~, OF A~P~~~ My Commission Expires: I-1(Q q~ SURVEY FIRM HAS BEEN ADVISED OF ADDITIONAL REQUIREMENTS, IF ANY, TO BE COMPLIED WITH PRIOR TO FILING PLAT WITH DISTRICT RECORDER. ~ry~~y67897p~,2, i ~ ~ JAH ~~~ of ~r ti.•£+_ ~ ,. ~ N N 01 l0 ri rl N C*a ~' r-1 OD tf) .--~ r-1 N H M O l~ ~' ~ r-I N 3 N O1 O M O '-i N M H ~®~®d1 .--I NN H yy ~ ~~ N®l a cn ~MOr ~ .-1 N N Cn N 01 l0 M O ~--~ N M G4 r-I OD ~ N dl ~ N N H l~ d' .--1 00 .-1 N N 3 ~ M o r ~ N N H N . l0 ~ ~ H ~-1 N ~ ~ ~ ~ O u~ Mo~~,~ r-I .--I N M !!~ ~ M O l~ rl N N W u) N dl O rl .--I N H c' r-1 00 ~ ~ r 3 M O ~ ~f' ~--~ .-1 r-1 N M W H N 01M O W N M f~ ~'-. ~,' r-1 O N Ol W N N U W v~ [~ ~ ~ o0 A r-1 N N !!~ r-1 OD tf) N 01 .-~ N N W [~ d' r-1 00 rl N N H ~ M O l~ ~ N N 3 ~ N rn ~ '--I r--1 N H ~r--®~ r-1 N r-1 f~,~ M (!) 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CALL TO ORDER A. Roll Call Members Present: Jeff King, Pat Bower, Ben Ellis, Ken Lancaster, Robin West, Peggy Mullen, Jim A. Richardson, Jim H. Richardson, Robin Nyce, Bill Schuster for Duane Harp, Tom Knock, Chris Degernes, Ted Wellman, Jack LaShot, Len Verelli, Lance Trasky. Members Absent: B. Approval of October 10 minutes. The minutes were accepted as written. C. Agenda Changes and Approval. Agenda was accepted as written. III. PUBLIC COMMENT. Brannon Ames encouraged the board to continue working toward the MOU between the Borough and the State with regard to the Caymas Subdivision. He also told the board he was glad to see they would be addressing concerns and impacts of Lease Sale 85A. Walt Arthur, representing the Kenai River Property Owner's Association came to inform the board of a questionnaire they will be mailing out to 1635 property owners. This questionnaire will ask about such things as guides, river use, the fishery, land use and habitat. They will present the results at the January board meeting as they feel this will have good information in helping the board with the KRCMP revisions. Mel Erickson, Vice President of Kenai River Guides Association would like to see a new guide permit requirement stipulating that a guide have an Alaskan fishing license three out of the last five years. He also encouraged having orientation meetings for guides. These should occur 3 times per year, in January, March and May. He recommended that prospective guides would not be allowed to guide if they only attended the May meeting and this could eliminate some of the out of state guides. Dale Bondurant told the board that with regard to LS 85A, that a 1/4 mile setback from the Kenai River is a disgrace. There is lots of misunderstanding about these lease sales. Private land owners think they have something to gain from it. All they will gain is an oil rig in their back yards. Let's not give these resources away. RENAI RIVER SPECIAL MANAGEMENT 2 I AREA ADVISORY BOARD - Minutes 12/12/96 Ben asked Dale when he was made aware of LS 85A. Dale said he became aware ~r~ithin the last month, and usually keeps an eye out for issues such as this. Ben then asked Dale what type of mitigation steps would be acceptable? Dale said the whole Kenai River area should be withdrawn from the sale and said there is no mitigation that could erase any destruction of this resource. Jim A asked if Dale was on the KRSMA board in 1986 and if so, did Dale recall in the 86 plan, that recommendations were sent to the Commissioner that all Kenai River parcels be withdrawn for oil and gas exploration. Dale said he did not remember specifically but does know there was clot of discussion about that. Les Anderson, a recreation fishermen, came to talk about the amount of traffic at Slikok creek. During July there were 250 to 300 boats on trat stretch, and the bank is eroding constantly. There is a high concentration of boats, and he would like to see the hours changed to 7:OOam for guides and let the recreational fishermen have more time without the big boats. IV. NEW BUSINESS A. RPB Mayor Mike Navarre. The Mayor reviewed his perspective which is based on historical events of the Borough. He noted the flood event of last year brought to mind the flood plain and zoning issues. He said when his father was Borough Mayor he attempted to initiate zoning efforts, (namely to limit building within the 100 year flood plain), not successfully, as they were seen as an encroachment by government because the public did not understand what they were trying to do. Therefore he said with any land use initiative he tries to put through, it will be critical for the public to be able to understand the purposes and benefits before they will be willing to support stronger zoning recommendations. With respect to the Kenai River, he watched with interest the efforts of the Assembly on the attempt to pass the habitat ordinance last winter and spring. In talking with his brother Tim he suggested to him that what was ideal also had to be achievable and that would be a huge step forward. The Mayor said the Kenai River is the most valuable resource on the Kenai Peninsula, and in Alaska, nationally and internationally. With respect to the KRCMP he has looked at the recommendations and said some will be difficult to achieve. He said recommendations should apply prospectively (to new developments). This way the potential negative effect on the river resource could be mitigated. With regard to funding issues, the Mayor has spoken to Commissioner Shively, and Rue, and has suggested additional enforcement on the river. He made the suggestion of cross training, with a multi agency law enforcement force. He KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD - Minutes 12/12/96 3 would like to ensure funds that are collected from the river will go to river. He told the board he looks forward to working with them an one is his initiatives as mayor is helping the public to understand what a tremendous resource the Kenai River is. The board members then introduced themselves to the Mayor. Chris asked the Mayor how the Board could most effectively deal with land use recommendations to the Borough. He replied that as long it is understood that it is a recommendation, and that the Borough may choose to consider it or not, the Assembly is not threatened. Any plan which includes recommendations has the possibility of stirring up alot of concern about what might happen, merely because a recommendation has been made. Pat suggested the Borough might want copies of the public comments so they can see what the public's perception is. Ben told the Mayor he would like to see continued support of the Kenai River Center as we all agree education goes a long way to address issues. Mayor Navarre feels optimistic about the KRC. It has been accepted and the acceptance will continue to grow. Jim A. said the 1986. KRCMP was developed with alot of sweat equity, and the rewrite was seen as needing help, that has been a real success. The 1986 plan was never adopted by Boro, which limited its effectiveness. This time we would like to have a document which is acceptable to the Assembly. He asked the Mayor if it is in the realm of possibilities that the rewrite of the plan will be accepted by the Borough. Navarre answered that the outgoing Maycr advised him not to predict the Assembly, but that anything is possible. B. Water Based Recreation Recommendations: approval. Bruce Phelps. Bruce told the board what we adopt this evening will probably be changed to some degree by the public review process. These recommendations reflect the results of the public presentations. Ben moved that we adopt the 12/4/96 Memorandum from Bruce Phelps, starting on page 9, and Peggy seconded the Motion. For addressing scenic float guides, it is recommended that we wait until the results of the Upper Kenai River Cooperative Plan is available. Under Rental boats, top of pg 10, change second bullet to read "Register all rental boats on the Kenai River". Also on third bullet, "Increase rental boats fees....", refers to commercial KENAI RIVER SPECIAL MANAGEMENT 4 ~ AREA ADVISORY BOARD - Minutes 12/12/96 operator fees. Under Derbies,in the first bullet, replace "themes" with purpose, and add ";with funds to be returned to the Kenai River." In the second bullet, insert projected in front of "low stock." Recommendation added: It makes more sense to work cooperatively, to target specific resources with highest priority. Increase the level of coordination between Parks, Forest Service, ADF&G in order to more effectively use limited resources, manage guides, and investigate illegal activities. On pg. 13 under the third bullet, change "72 hours" to 24 hours. Under "FISHING GUIDES" on pg.14, there was some discussion on the following: Robin West asked if limiting guides would be based upon social factors. Bruce said yes, economic, social, biological etc. It would need to be reviewed by the AG's office to make sure legal criteria is met. Jeff asked if the Kenai River Guide Association recommendation that one has to have a fishing license in three of the last five years could be incorporated in this section. Also Jeff wants the plan to reflect that guided and non-guided anglers are all public, so in cases where the plan refers to "general public", substitute "unguided angler." Bruce said he will try to make clarifications in the language. A move was made to accept the language of the 12/4/96 water based recreation memorandum with the exception of modifications. There was unanimous apprc-:al. C. Land Use and Other Recommendations: approval. Ben made a motion to accept the 12/3/96 memorandum on land use and other recommendations. Bruce reviewed this area and noted the changes made in sub committee in the afternoon meeting. A friendly amendment was made by Chris to continue work on section 3.1 (land use recommendations that would be directed to the Borough) and accept the rest of this memo. Ben accepted the friendly amendment *_o his motion. Robin suggested del=ring item #2 in section 3.2.3 (1) Board members agreed. Unanimous agreement to accept "other" section but "land use" will be revised by Bruce and discussion will continue in the January KENAI RIVER SPECIAL MANAGEMENT ~~ AREA ADVISORY BOARD - Minutes 12/12/96 meeting. 5 D. Dr. Lyndon Lee - Hydrogeomorphic Model for Wetlands. Jim Powell of ADEC, explained that HGM is now a statewide wetlands program, with DEC being the lead agency in Alaska. HGM is a new approach for evaluation wetlands, which gives us three new benefits: 1) rapid assessment tool, 2) based on sound science and 3) it is locally based, taking into consideration local priorities. Not all wetlands are the same. The main purpose of the states' wetland program is to conserve and protect high value wetlands, as well as recognize and support appropriate development. To do that we need to understand what functions the wetlands are performing. Which ones do we develop and which do we preserve? Need to recognize the unique needs in Alaska. Jim said the governor proposed three principles for resource development when he took office. 1) If we are going to develop wetlands, we should do it with sound science that guides but does not dictate policy. 2) Prudent management should ensure sustainability and conservation.(Managing for the future). 3) Involve the public. The goal of the HGM project for the Kenai River is to come out with a guide book that will allow resource managers and scientists to be able to go to the field, look at a wetland, and be able to assess what a particular wetland is doing, in as short a time as a day. Jim then introduced Dr. Lyndon Lee, leader of the Wetlands Science Training Cooperative of Seattle. Dr. Lee is nationally and internationally known in the wetlands field of expertise. Dr. Lee told the board he was here to talk about three things. 1)To provide an administrative context of the current approach of the functional assessment. 2) Draw contrast of why this assessment approach differs from others. 3) Short overview of what was accomplished this summer. To set policy context the current administration came out with a document which outlined their general policy on wetlands protection in August of 1993. He presented two statements from that policy for the board's consideration that pertain to state's efforts to cooperate with Federal efforts and local government efforts to look at wetlands, to understand how they function and to use sound science as a basis for making policy decisions. One of the Clinton administration goals is: "to promote the restoration of degraded or damaged wetland areas through voluntary non-regulatory programs". Dr. Lee said this provides the direction that federal monies will be made available and funneled to states, counties, municipalities, and other jurisdictions below the federal jurisdictions. ~~ KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD - Minutes 12/12/96 6 The second area he calls attention to in the Clinton document was the mandate to the scientific community to develop improved analytical tools for wetland functional assessment. HGM stands out as an assessment tool. Each board member was given a handout "The HGM Apprcach Explained". Dr. Lee went through a series of overheads explaining the work that has been done in Alaska and is yet to be done. He would like to come back every 3 months or so to keep this board informed on their discoveries. Jim A. agreed with this and invited both Dr. Lee and Jim Powell to future KRSMA board meetings. E. Lease Sale 85A Discussion. Peggy reviewed with the Board the facts of LS 85A. She said this sale caught most of us by surprise although reportedly it has been in the works for the past 29 months. Peggy pointed out that although classified ads may have appeared in the papers, the reference to the "Kenai River" may have been left out and therefore not caught the attention of anyone here. Peggy referred to the board handout that consisted of a map and request for comments section of the whole lease sale document. Peggy pointed out that before doing a lease sale like this the Commissioner has to issue finding that this is in the best interest of the state to do so. Peggy pointed out pg. 9-3, "cumulative effects". She said there is clot of discretion given to the Commissioner and to the Director of GAG for making exceptions to the mitigation measures that they list. Some of these are listed on pg. 5. The 1/4 mile set back provision is certainly not enough to protect the contiguous hydrologically connected wetlands which we don't knew enough about yet. Peggy said some of the concerns that have grown in the past week evolve from some comments of Jim Hanson, (Chief Petroleum Geologist of the Div. of 0&G), that it's too late to ask the Governor to take out portions of the tracts that border the Kenai River. At this point the lease sale goes forward or we have to ask the Governor to withdraw whole tracts. Jim A. told the board about the call he got from two members of the Commissioner's office this afternoon. He was asked to pass along the following information. First of all, this is an area of strong concern to both the Governor and the Commissioner and that they are very concerned about the idea of a resolution coming to them from this board that would not be favorable to the lease sale. They were surprised that this board was unaware that the Kenai River was included in this and they stated that Commissioner Shively went to some special lengths in order to make sure that the public was informed about this. This included a rcund table discussion in Homer, 6 presentations to various groups such as KPBoro, Chambers of Commerce, Boro Assembly, Anchorage Chamber. There were 3 hearings of broad public notice -- KENAI ~2VER SPECIAL MANAGEMENT ~ AREA ADVISORY BOARD - Minutes 12/12/96 and a final best interest finding. Another comment he was asked to pass along is that Commissioner Shively has a special relationship with this advisory group and does not like the idea of a 3ast minute resolution coming from this group. He would instead want the board to consider an alternate plan which would be to nit oppose the lease sale. He was asked to remind the board that the lease sale is only the first step. The Commissioner is offering to reach out and discuss any concerns or issues with respect to drilling. Jim Manson from Oil & Gas, was made available to the board for questions and answers. Hanson referenced a two book document relating to the lease sale. In July of 94 this document was produoe~d and the Kenai River was added to it in October of 94. Requests for comments were sent out to 800 people on the Kenai, plus -oil companies, the Borough, the Cities. Display ads as well as classifieds were done on this lease sale. There were lots of storaes in the newspapers, and over the last two years it has gotten more publicity than any other lease sale. The sale being done on Wednesday, Dec. 18 includes both state lands plus the Mental Health Trust Lands. The state does not regulate what may be done on CIRI lands. CIRI can do what they want as long as they proceed through the RCMP process. Hanson explained that should a company choose to drill on a parcel which is state land, the mitigation measures are in effect to deal with potential impacts. The oil company would then file a plan of operations. Commissioner Shively has committed to this group that they will be informed and involved with evaluating any drilling plans if the sale goes through. No matter where any drilling might take place, there is a public process in effect that includes all the resource agencies, environmental communities, the Boro and anyone who wants to become involved. The rest of the meeting was dedicated to questions to Jim Hanson. Suzanne asked if a tract was leased that included a park unit, would the oil companies be able to drill right in the park unit or could we keep them outside the park? Hanson said generally drilling has not been permitted inside a park unit. He told Suzanne when a permit is filed all the departments get to look at it. Jim A. said over the past few days board members expressed concern to him that the Kenai River tracts were included and that this board, which has a responsibility for dealing with issues, was not specifically contacted that a fairly major activity was being proposed. Does this board want to make any recommendations as to any comments to Commissioner Shively and the Governor about the sale and/or mitigation measures? Ben: Besides no action in the lease sales, what other scenarios - KENAI RIVER SPECIAL MANAGEMENT 8 AREA ADVISORY BOARD - Minutes 12/12/96 are open to the Commissioner and Governor at this time? Hanson said the Commissioner can withdraw sales up to the day of sale but it has to be the whole tract. Jim H. asked if the information given to the oil industries denotes that these are highly sensitive lands. Hanson said that they do know what sensitivities are there and they are discussed in the finding. The oil company bidding knows what the setbacks are and they also know that anytime they file for a permit for whatever activity it might be, that they show mitigation measures for that site. Statistically in a lease sale, Hanson said about half the tracts will get leased, and of those, 6a see any kind of activity. Jim H. then asked if the successful bidder would be caught by surprise :hen it goes out for review. Hanson said they would not be surprised. Pat asked if Borougr. land is in preservation status, can they still use it for drilling? Hanson said they have to adhere not only to the state, ut to the Boro mitigation measures and ACMP. Ben asked what type of revenue could the state expect from this sale? Hanson said it is a $5.00 per acre minimum bid. It could be millions, or thousands. Then Ben said he was at Kenai Watershed Forum meeting last week where the implication was that ADF&G was comfortable with the 1/4 mile setback. There are slot of differing views on this board but we all agree that this board focuses on the Kenai River. Ben said the that he does not doubt the public notices that were published, but somehow clot of us did not get the message. At some point it would behoove all of us to address how to do this better. Ted expressed his feling that it seems ironic that for quite some time under the auspices of the Governor's office, this advisory board has :.een working diligently in fighting with property owners and state agencies about little squares of property adjacent to the Kenai River, making people put in board walks, closing areas to fishing because of trampling of banks, etc. and in the meantime this comes up and has never been referred officially to the KRSMA board for comment. It is like a mockery of this board and he said he wonders what we are doing here. Ted cannot personally feel he can support going forward with this lease sale. He said he is not satisfied that the mitigation measures and gentle verbal assurances are enough to protect the Kenai River. Jim A. asked how to interpret the Commissioner's offer of talking with this board and allowing board input as the plan of operation is being developed. Hanson said when a company files a plan of operation, the Commissioner has committed to contacting the Board, providing a copy of their plan of operations, and asking that the board review it and provide a list of concerns. KENAI RIVER SPECIAL MANAGEbSENT g AREA ADVISORY BOARD - Miautes 12/12/96 Jim A. then asked at that point could we request that no drilling occur within 2 miles of the Kenai River and could that be a stipulation? Hanson said if the site they selected is within an area you don't want drilled, then you make that point known. Pat Bower asked if a company can drill on private land? Hanscn answered that if a company wants to drill on private owned surface land, they have to contact the land owner to let them know what they will do. As it stands right now by law, the landowner has a right to request from the company a plan of operations to see exactly what they are going to do. If the land owner does not want them drilling on that land, the owner may say so. If they can drill somewhere else they will. If there is absolutely no other area for them to drill to access the target they want to reach, then DNR gets involved. DNR will require the company to post a bond to cover any damage that may occur on that land, but then they will be allowed to drill because "subsurface ownership has preference over surface ownership". But very rarely will a company want to bother to drill on land where the owner does not want them there. 0&G will be requiring companies to turn in a plan of operations to DNR first but they still have to go through the ACMP process. Pat Bower asked what protection there is for water aquifers? Hanson said by law they are protected as they have to use steel casing down to 2500 feet around the well. There is no way anything in that well can penetrate the steel casing at 2500 feet well below the aquifers. Pat then asks how much water they use? Hanson said they get a permit from Div. of Water that also goes through ADF&G to see exactly where they will be drawing the water from. Ted then moves to pass the following resolution: "WHEREAS Oil and Gas Lease Sale cover most of the length of the WHEREAS the Kenai River Special (KRSMA) has not had an adequate proposed lease sale, mitigation and private land; and 85A includes 13 tracts which Kenai River, and Management Area Advisory Board opportunity to evaluate the provisions, and effect on public WHEREAS the KRSMA Board believes that such lease sale and subsequent drilling could have an adverse effect on the habitat, fishery, and recreational uses of the Kenai River, THEREFORE be it resolved that the KRSMA Board recommends that all lease parcels under, adjacent to, or within one-half mile of the ~ Kenai River and its tributaries be withdrawn from Oil and Gas Lease Sale 85A." KENAI RIVER SPECIAL bIArTAGEMENT } AREA ADVISORY BOARD - Minutes 12/12/96 10 Ben seconded the motion to accept this resolution. Chris Degernes, Bill Schuster, and Lance Trasky abstained from the vote. The Motion passed with the remaining 13 members voting for the resolution except for Jack LaShot, who voted against it. F. Charles Rhodes Wetlaad Fill (Cooper Landing area) The board unanimously supported sending the letter to Marian Magwood of the Army Corps of Engineers. V. PUBLIC COMMENT. none VI. ADJOURNMENT A. BOARD COIr4SENTS Chris: Has scheduled a meeting on 12/19 at 1 pm at the Kenai Peninsula Borough in Conference Room B to look at river specific recommendations, in terms of management use. Any board members are invited to attend. Jeff: Said he is not comfortable with having to quickly decide on the resolution and Nould hope to be more proactive in the future. Ken: Said he had the two LS 85A documents and did not see where the river corridor was included. He supports the motion. Robin West: Thanked Peggy, Jim, Ben and Ted for being on top of the situation. Pat: Liked the comments from Mr. Morris (written letter provided to the Board) . Bill Schuster: Liked the Pacific Salmon book handed out to board members. Suzanne said these are available for the schools in the community . ~ . Jim H: Thanked Mayor Navarre for his comments and felt it was important for him to understand the Borough's participation on Kenai River issues. Peggy: Informed the board the Governor will be at Homer High School on Saturday 12/14 at 12:00 to hear comments on LSSSA. B. Date/Agenda of Next Meeting. January 16, 1997 at Cook Inlet Aquaculture. Respectfully submit=ed, Denise Dutile Memorandum Date: 01 /30/97 , To: Cary Graves, City Attorney ~ From: Marilyn Kebschull, Administrative Assistant RE: CLARIFICATION REQUESTS Mr. Knackstedt of the Airport Commission asked that I clarify with you the public meeting law and how that would relate to the following situations: • Members of the Airport Commission discuss current issues via telephone. • Members meet at lunch and discuss current issues. The Planning and Zoning Commission asked that I clarify "annual" elections with you. This Commission elected a new chair and vice-chair in August when their chair resigned. They would like to hold elections again in August. Please advise me if this would be considered annually. Lastly, could you advise me of the status of the cabin definitions which Planning and Zoning requested. Thank you.