The Pledge of Allegiance was recited followed by the invocation given by Pastor Jim Pearson, Sterling Lutheran Church, Soldotna, Alaska.

Transcription

1 April 2, :30 p.m. Regular Meeting Assembly Chambers, Soldotna CALL TO ORDER The Regular Meeting of the Assembly was held on April 2, 1996, in the Assembly Chambers in Soldotna, Alaska. President Scalzi called the meeting to order at 7:30 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited followed by the invocation given by Pastor Jim Pearson, Sterling Lutheran Church, Soldotna, Alaska. There were present: Drew Scalzi, Presiding Dale Bagley Jack Brown Betty Glick Tim Navarre Grace Merkes Debra Home Mike Wiley Ron Drathman comprising a quorum of the assembly. Also in attendance were: Don Gilman, Mayor Colette Thompson, Acting Borough Attorney William Walker, Legal Counsel Gaye Vaughan, Borough Clerk Shirley Olsen, Deputy Borough Clerk APPROVAL OF AGENDA AND CONSENT AGENDA Copies having been made available to the public, President Scalzi noted by title only the resolutions and ordinances on the Agenda and Consent Agenda. Glick moved for the adoption of the agenda and consent agenda. April 2, 1996 Volume 38, Page 121

2 Glick moved to remove Resolution be from the table and placed on the April 16 agenda. VOTE ON President Scalzi read the consent agenda: Minutes of the Regular Meeting of March 19, 1996 Resolution : Awarding a Three-year Contract for Audit Services (Finance Committee) Resolution : Supporting House Joint Resolution 60 Regarding RS-2477 Rights-of- Way (Legislative Committee) Resolution : Supporting House Bill 272 Regarding Municipal Motor Vehicle Tax (Legislative Committee) Resolution : Requiring Local Bidders for Roofing Contracts (Brown) (Referred to Finance Committee) Resolution : Classifying Certain Borough Land Located off Quartz Creek Road in Cooper Landing (Mayor) (Referred to Land Use Planning Committee) Appointment to Moose Pass Planning Advisory Planning Commission Wesley J. Jones - Term expiration Oct Appointments Funny River Advisory Planning Commission Daniel L. Aaronson Claudette Knickerbocker Patsy Bird Michael "Dusty" Rhoads Mary Bea Byrne Gerry Tullos Warren Hoflich, Jr. President Scalzi called for public comment with any additions, corrections or deletions to the agenda or consent agenda. With none being offered President Scalzi closed public comment period. It was requested to remove the following items from the consent agenda: Resolution : Requiring Local Bidders for Roofing Contracts (Brown) (Referred to Finance Committee) Resolution : Classifying Certain Borough Land Located off Quartz Creek Road in Cooper Landing (Mayor) (Referred to Land Use Planning Committee) Vol. 38, Page 122 April 2, 1996

3 Finance Committee - Assembly Member Drathman stated that the committee recommended adoption of Resolution and for it to remain on the consent agenda. Mr. Drathman stated that the accounting firm of Mikunda, Cottrell & Company, was awarded a three-year contract to prepare the borough's audits. Legislative Committee - Assembly Member Navarre stated that the committee recommended adoption of Resolutions and and for them to remain on the consent agenda. Assembly Member Glick stated that she had provided, to the Deputy Clerk, the necessary grammatical and technical changes that needed to be made to the March 19, 1996 minutes. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED: Unanimous without objection PUBLIC COMMENTS AND PRESENTATIONS President Scalzi called for public comment. Joe Arness - School Board Member, speaking for the Board of Education and School Administration, presented the balanced School District's Budget for Fiscal Year ` Mr. Arness stated that revenues are in the amount of $81,801,474, with matching expenditures in an equal amount. The borough in-kind services amount to $5,934,112, which was the same as last year and a borough appropriation of $21,695,965, which was an increase of $262,323 over last year. Mr. Arness was questioned whether a motion was passed regarding receiving funds outside the cap. He stated that a motion was passed to send the assembly a letter rescinding the board's request for funding outside the cap. Jene Worley, Nikiski, stated that the State of Alaska withdrew the proposal to open a halfway house at Mile 28.5 on the Spur Highway. Ms. Worley thanked Assembly Members Brown and Navarre for holding a public hearing on March 29 in Nikiski. She also thanked Representative Mike Navarre and Senator Judy Salo for listening to the citizens of Nikiski and for driving a stake in the State's proposal. There being no one else who wished to speak, President Scalzi closed the public comment period. COMMITTEE REPORTS Legislative Committee - Assembly Member Navarre stated that the committee met and the discussed Lease Sale 149. The committee will continue to review bills before the legislature. Mr. Navarre stated that members of the AML Legislative Committee will be traveling to Juneau on April 18 & 19 to attend the AML Legislative Conference and to lobby bills before the legislature. April 2, 1996 Volume 38, Page 123

4 VOTE ON Navarre moved to have a letter sent to Senator John Torgerson thanking him for his assistance in the passage of Senate Bill 20. Navarre moved to have a letter sent to the House Community & Regional Affairs Committee supporting SB 20. VOTE ON School Board, Assembly Member Wiley stated that the board met and discussed proposed amendments to the Fiscal Year `96-97 budget. It was voted to add one-half teacher's positions to Nanwalek, Port Graham, Voznesenka, Chapman and Tyonek schools. Economic Development District - Assembly Member Wiley announced that EDD was planning an Economic Outlook Forum for the end of May. Assembly Member Brown stated, via teleconference, Louis Bencardino, Mayor for the City of Seward, spoke regarding the issue of diverting cruise ships from Seward to Whittier. Mr. Brown stated that EDD passed a motion to oppose such action. Land Use Planning Committee - Assembly Member Glick stated that the committee met and all items discussed will appear at the proper time on the agenda. Cook Inlet Regional Citizen's Advisory Council - Assembly Member Glick advised that the council's annual report was included in each assembly member's packet. Ms. Glick referred to Resolution that the council adopted, regarding the tugboats/assisted vessels within the inlet. It was agreed to send a letter to Michelle Brown, Commissioner of DEC regarding near shore sites. A letter will also be sent to the Governor requesting his support regarding the Knik Arm Shoal Dredging project. Ms. Glick stated that it was a high priority project of the Corps. of Engineers for the State of Alaska. She stated that the PROPS Committee requested that a letter be sent to the Washington Department of Ecology, regarding a proposed in situe test burn of crude oil. She announced that the Cook Inlet RCAC will meet in Kenai on April 12 & 13. A two-hour work session has been scheduled for April 12 with the Environmental Monitoring Committee. The session has been set to discuss where the committee has been and the proper direction they should follow in the future. Assembly Member Brown thanked Jene Worley for attending tonight's assembly meeting. He also thanked the Assembly President and other Assembly Members who agreed to hold a public hearing regarding the proposed halfway house in Nikiski. He further thanked the State for changing their Vol. 38, Page 124 April 2, 1996

5 position. Mr. Brown stated that he and Assembly Member Navarre would be sponsoring an ordinance regarding any future halfway houses. The ordinance would require a conditional use permit, which would require approval from the planning commission and borough assembly. It would also mean that they would hold a public hearing prior to the issuance of the permit. Mr. Brown also thanked Representative Mike Navarre, Senator Judy Salo and Assembly Member Navarre for their support regarding the halfway house. West Homer Elementary School Progress Report - Assembly Member Drathman stated the construction of the school was still ahead of schedule and below budget. Kenai Peninsula College Board - Assembly Member Drathman stated that he has met with Ginger Steffie to discuss budgetary needs. They will be forthcoming for the assembly's review. President Scalzi announced the National Estuary & Research Reserve site selection. An open house will be held on the proposed seven sites: at the Cook Inlet Aquaculture Association Conference Room, in Kenai on April 8 from 2:00 to 8:00 p.m.; Fish & Game office in Homer on April 11 from 2:00 to 8:00 p.m.; City Hall Chambers in Seward on April 19 from 2:00 to 7:00 p.m.; Fish & Game Office in Anchorage on May 1 from 2:00 to 8:00 p.m. The system was established under the Federal Coastal Zone Management Act. It's a national system of representative estuaries under a long term protection plan to create a stable environment for research and education. The state manages the reserves, in cooperation with the National Oceanic and Atmospheric Administration. The Governor has proposed to begin the site selection in South central Alaska. Mr. Scalzi stated that the meetings are being held to decide on the best sites. PUBLIC HEARINGS ON ORDINANCES Ordinance 96-07: Amending KPB to Clarify the Provisions of the Borough Purchasing Code Dealing with Appeals to the Assembly of Purchasing Decisions (Drathman) (Referred to Finance Committee) Glick moved to enact Ordinance Assembly Member Drathman stated that the Finance Committee recommended unanimously to enact Ordinance President Scalzi opened and closed public comment with none being offered. VOTE ON MOTION TO ENACT: Ordinance 96-08: Amending KPB (H) by Providing a Waiver for Mailing Public Notices to All Owners and/or Leaseholder of Record of Property Located Within a Radius of One-half Mile of the Land to be Classified when the Borough Land being Classified is Part of the Adoption of a Land Use Plan or April 2, 1996 Volume 38, Page 125

6 is within the Boundary of a City with an Adopted Zoning Ordinance (Mayor) (Referred to Land Use Planning Committee) Glick moved to enact Ordinance Assembly Member Glick stated that the Land Use Planning Committee recommended unanimously to enact Ordinance President Scalzi opened the public comment. Penny Vadla, Ninilchik, stated that she has come before the assembly often regarding oil drilling. She felt that the limitation of the ordinance was unfair and that they should give land owners notice to any logging or oil drilling in their area. Ms. Vadla stated that the land owners would be at the mercy of the borough. The adoption of the ordinance would not guarantee any protection or the ability to voice their opinions. There being no one else who wished to speak, President Scalzi closed the public comment period. VOTE ON MOTION TO ENACT: Ordinance 96-09: Accepting and Appropriating a Grant from the State of Alaska for the Coastal Management Program (Mayor) (Referred to Finance Committee) Drathman moved to enact Ordinance Assembly Member Drathman stated that the Finance Committee recommended unanimously to enact Ordinance President Scalzi opened and closed public comment with none being offered. The Mayor was questioned if the borough had to match the grant by 25%. The Mayor stated that the borough was obligated to do so. He further stated that the project had been previously budgeted. Thus, funds would be available to cover the 25% expense. VOTE ON MOTION TO ENACT: Ordinance 96-10: Authoring the Sale of 47 Parcels of Borough Land by Sealed Bid Followed by an Over the Counter Sale (Mayor) (Referred to Land Use Planning Committee) Vol. 38, Page 126 April 2, 1996

7 Glick moved to enact Ordinance Assembly Member Glick stated that the Land Use Planning Committee held a lengthy discussion regarding Parcel No , Tustumena Lake Road right-of-way, Section 70, to the next land sale. An amendment was made to divite the parcel into three parcels, two 40 acre parcels, one remaining acreage of , more or less. The amendment ded pass in committee, but upone receipt of additional information the amendment was not recommended to the assembly. Ms. Glick stated that the Land Use Planning Committee recommended the enactment of Ordinance President Scalzi opened and closed public comment with none being offered. VOTE ON MOTION TO ENACT: Ordinance 96-11,: Establishing a Two Year School Capital Improvement Program and Lapsing Balances on Completed Projects to the General Fund (Mayor) (Referred to Finance Committee) Drathman moved to enact Ordinance Assembly Member Drathman stated that the Finance Committee recommended unanimously to enact Ordinance as amended. President Scalzi opened and closed public comment with none being offered. Glick moved to amend Ordinance 96-11, Section 2, by changing McNeill Canyon Elementary, Upgrade Play Field [$26,000] to $93,000; and, to add another category in Section 2, Homer Middle School, Asbestos Abatement, $37,500. VOTE ON MOTION TO AMEND: The Mayor notified the assembly that the amendment would change the total appropriated amount. Glick moved to amend Ordinance to change appropriated Total from [$1,835,960] to $1,940,060. VOTE ON MOTION TO AMEND: April 2, 1996 Volume 38, Page 127

8 VOTE ON MOTION AS AMENDED: UNFINISHED BUSINESS Ordinance 96-06: Establishing Areas for Regulation of Activities for Kenai River Habitat Protection and Enacting Land and Use Restrictions Within Those Areas. Glick moved to amend by substituting Ordinance as amended. VOTE ON MOTION TO AMEND: President Scalzi opened the public comment. It was questioned if the forthcoming amendments would be introduced before taking public comments on the amended version. President Scalzi stated that public comments would be taken before any further amendments submitted. Chris Degernes, Alaska State Parks, stated her reasons for not coming before the assembly before this date. She wanted to reiterate the State's support of the ordinance. She urged to keep the river as a whole, not to allow exemptions. Ms. Degernes stated that the burden has been placed on the private property owners. She advised what the state was currently doing to protect the banks of the river. The state was making a commitment to cease the damage of the public lands. She further stated that the state plans to comply with the ordinance and to take it a step further. Ms. Degernes also urged the assembly to work with the State in the "total land use" of the Kenai River. She was questioned if the state would object to signing a written agreement complying with the borough's ordinance. Ms. Degernes stated that the state did not have a problem signing a memorandum of understanding (MOU). She further stated that an MOU has been discussed between other land managers. Ms. Degernes was questioned why she did not want any exemptions along the river. She stated that the system needed to be looked at as a whole. Every aspect of the river needed to have provisions for habitat protection, not just certain areas. She was further questioned if the ordinance passes, should it be taken before the Alaska Coastal Policy Council for adoption. Ms. Degernes stated that the stronger the ordinance the more it will assist with the coastal zone process. Vol. 38, Page 128 April 2, 1996

9 Robert Mumby, Dow Island Subdivision, stated that he and his wife own two lots along the Kenai River. Mr. Mumby referred to copies of maps that he provided. He stated that, if the ordinance was to pass, his lots would become useless. It would cause a 10,000 square foot loss to his property. The ordinance does not have a grandfather clause and they would automatically lose one-third of their lots. He further stated, as he understood the ordinance, if a disaster was to take place and their home was destroyed, they could not rebuild. Mr. Mumby was also concerned that the wildlife would be affected. He questioned the reasoning for exempting Cooper Landing; but, none of the other small lots had been. This issue needed to be taken into consideration. He further stated that the property owners are the losers of this ordinance and suggested tabling the ordinance. Lance Trasky, Regional Director of the Habitat Division, Alaska Department of Fish & Game, stated that the department appreciates the assembly's effort to develop an ordinance to protect riparian habitats in the Kenai River watershed. The department realizes the difficulty; but, felt that a riparian protection zone was essential to the long term health of the river. The Board of Fisheries adopted an ordinance that requires the department to close public lands to bank fishing where this was likely to happen. He stated that the U.S. Congress, State Legislature and Exxon Valdez Trustee Council have committed millions of dollars to the Kenai River fish habitat and restoration of public and private lands. Mr. Trasky stated that the department requested the assembly to consider the following elements which are essential to an effective riparian protection ordinance, from a scientific standpoint: 1) include the entire drainage, delta, tributaries and hydrological connected wetlands; 2) must establish and protect adequate vegetation connected to the river, a 100-foot buffer would be needed to accomplish the protection zone; 3) must maintain flood plain functions that would contribute to productivity, including filtering and flood water storage; 4) setbacks must be established to abate the erosion of the river banks; 5) the ordinance must be enforceable, with adequate staff to review projects, issue permits and enforce the ordinance's provisions. He was questioned how critical was the 50-foot bank protection along the Warren Ames Bridge area. Mr. Trasky stated that the delta should be included in the ordinance. The area is different from the rest of the river; but, it was a very critical part of it. He stated that the vegetative setbacks would not be as critical; but, the aspect of the flood plain, storage of toxic materials and channelization of the river was critical. This area has the most diverse fish populations of the entire river (31 species). Mr. Trasky was further questioned how would the Cooper Landing area be affected by the exemption. He stated that he did not feel there was any difference between that area and any other area. Iry Carlisle, Soldotna, stated that he thought Ordinance should have a quick death. The ordinance does nothing to protect the Kenai River. He disagreed that any ordinance was better than no ordinance. He disagreed with that theory completely. Mr. Carlisle has worked on Kenai River issues for more than 25 years. He has spent 13 years on the Kenai/Soldotna Fish & Game Advisory Committee and appointed by five different Governors to boards and committees dealing with the river. He stated that it was not a complex issue. The solutions are biological and political. Mr. Carlisle further stated, that the ordinance as amended, does not meet the minimum standards set out by the professional agencies. As one member of the Kenai River Special Management Area Board, he urged the assembly to vote no on the ordinance. April 2, 1996 Volume 38, Page 129

10 He was questioned, due to the heavy development along the river, if an ordinance wasn't passed quickly, wouldn't further damage come to the river. Mr. Carlisle stated that he did not think that it would; but, would like to leave a viable and useable river for his grandchildren and others to enjoy. He felt that one of the most important recommendations, made by the Kenai Working Group, was that a permit be issued if any activity was to take place in the flood plain area. Ted Wellman, Anchorage, member of the KRSMA board and Vice-chairman of the Property Owners Association, stated that they would support the ordinance if the Cooper Landing and below Warren Ames Bridge areas were included. Mr. Wellman felt that the ordinance did not deal with urbanization and commercial development of the river banks. The assembly should adopt an ordinance which would prohibit this type of activity within 600 feet from the river without a permit. The private property owners should not fall under this provision. Mr.Wellman suggested that if a property owner does not clear more than 30% of the property, they would be exempt from the provision. END OF TAPE 1 OF 3 TAPES Paul Dale, Kenai, encouraged the assembly to not support the ordinance in its current form. It was the view of the King Salmon Fund Board, that the ordinance does not accomplish the goal of protecting the Kenai River salmon. He stated that he appreciated the work that has been put forth in the attempt to provide protection for the river. He thought more work was needed on the ordinance and suggested more work sessions be held. Mr. Dale was requested to provide three amendments that would make for a better ordinance. He stated that: 1) all development should be addressed within the flood plain; 2) look critically at provisions within the habitat protection zone. This would include "grandfathering" and "unlawful structures" in the zone; 3) look at the water column as a whole and not to allow exemptions. He was further questioned, if the lower portion of the river was included in the ordinance, what would be the economic affect to the canneries. Mr. Dale stated that the canneries, as a group, thought this area should be added to the ordinance. Mr. Dale was questioned what his feelings were regarding property owners' that would lose onethird of their property to the setback clause. He stated that it was a difficult issue; but, the overall protection of the river needs to be taken into consideration. President Scalzi urged the public to keep their comments to the amendments only. Dick Bower, Soldotna, stated that he served on the Kenai River Working Group. The ordinance has differences with the groups' recommendations; but, he urged the assembly to vote for the ordinance. He did feel that Cooper Landing and the lower river areas should not be exempt from the ordinance. They should manage the river as a functioning ecosystem. There are many similarities throughout the river as a whole. Mr. Bower felt that it was important that the ordinance should be a guide for people to use the river. Vol. 38, Page 130 April 2, 1996

11 permit" within entire flood plain area only; 3) they must deal with the issue of tributaries; 4) the word "significant effect" needs to be defined. He provided suggestions for further amendments. He was questioned if he thought anything had been written correctly. structure and the intent of the original ordinance was good. Mr. Matthews stated that the Mr. Matthews was further questioned why he thought the 50-foot setback should be changed to 100 feet. He stated that according to every agency (U.S. Forest Service, State Division of Habitat, Forest Practices Act, the borough's 300 foot buffer zone for logging) dealing with riparian habitats, the 100-foot is recognized as a minimum standard. It allows for protection of the water column from the effects of land related use. Bob Krogseng, Soldotna, recommended the following changes: 1) (D), remove "toxic materials" and replace with, gasoline, diesel, kerosene and heating oils; 2) (D) delete the word "fertilizers." Mr. Krogseng stated he felt that enacting and enforcing the regulations would be very costly. Bill Stockwell, Cooper Landing, stated that commercialization will be on the increase. He was concerned with the development of large R.V. parks. Anyone receiving a living from the river should have to obtain a permit. Mr. Stockwell stated that they should issue the permit through the borough planning department and/or assembly. He was questioned whether Cooper Landing should be exempt from the ordinance. He stated that there should not be any areas exempt from the ordinance. Loren Flagg, Soldotna, representing the Kenai Peninsula Fishing Association, stated the association would support the ordinance with the following amendments: 1) they should allow no exemptions, the river should be dealt with as a whole; 2) to increase the protection area to 100 feet; 3) to include the entire flood plain in the protection area, through a "conditional use permit"; 4) the fuel tank capacity should be changed to 50 gallons. Ron Wielbacker, Soldotna, stated that he opposed the ordinance. He did not agree with "takings." Mr. Weilbacker felt that it was the public owned land that was being misused. He felt that people are becoming more habitat aware. Peggy Mullen, Soldotna, referred to a Newsweek article as a reminder that the river should be dealt with as a whole. She felt the flood plain and tributaries should be a part of the river ordinance. Peachie Kobylk, Kenai Keys, was unclear regarding the issue of "grandfathering" for only two years. She did not agree with exempting the Cooper Landing area and felt that it was discrimination. Ms. Kobylk thought that the commercial fishermen were attempting to over power the sport fishermen. She stated that the ordinance was not designed for habitat protection, but, more of a land grab. April 2, 1996 Volume 38, Page 131

12 Larry Smith, Cooper Landing, stated that he did agree with the amendment which removed Cooper Landing from the ordinance, but, opposes the ordinance as a whole. He agreed that the greatest amount of damage was to the Cooper Landing area. Most of the damage has been done to public lands and the ordinance is directed to private property owners. The burden has been shifted to private owners and he felt that there should be a better way to protect the river banks. There being no one else who wished to speak, President Scalzi closed the public comment period. END OF TAPE 2 OF 3 TAPES Wiley moved for reconsideration of the Navarre motion to change the title of the ordinance to read "An Ordinance Defining the Kenai River Watershed Establishing Areas for Regulation of Activities for Habitat Protection Within the Watershed and Enacting Land Use Restrictions Within Those Areas;" add a new Section , Section 1 of the ordinance to read "Kenai River Watershed District." This is to establish the Kenai River Watershed District comprised of all lands lying within 600 horizontal feet of the Kenai River. This shall be measured from the ordinary high water mark, or mean high water line, in tidal areas;" to amend existing Section , Section 1, to read "Habitat Protection Area established." VOTE ON MOTION FOR RECONSIDERATION: Assembly Member Wiley spoke to the motion. He requested the administration to research what the ramifications would be from EPA or other federal and state agencies by creating the watershed area. Navarre moved to amend the amendment by changing, to read: "There is established a Kenai River watershed district comprised of [all lands lying within 600 horizontal feet] the entire drainage basin of the Kenai River consisting of approximately 2200 square miles, from the glaciers and the headwaters and the Kenai Mountains to the mouth of the Kenai River." Vol. 38, Page 132 April 2, 1996

13 permit" within entire flood plain area only; 3) they must deal with the issue of tributaries; 4) the word "significant effect" needs to be defined. He provided suggestions for further amendments. He was questioned if he thought anything had been written correctly. structure and the intent of the original ordinance was good. Mr. Matthews stated that the Mr. Matthews was further questioned why he thought the 50-foot setback should be changed to 100 feet. He stated that according to every agency (U.S. Forest Service, State Division of Habitat, Forest Practices Act, the borough's 300 foot buffer zone for logging) dealing with riparian habitats, the 100-foot is recognized as a minimum standard. It allows for protection of the water column from the effects of land related use. Bob Krogseng, Soldotna, recommended the following changes: 1) (D), remove "toxic materials" and replace with, gasoline, diesel, kerosene and heating oils; 2) (D) delete the word "fertilizers." Mr. Krogseng stated he felt that enacting and enforcing the regulations would be very costly. Bill Stockwell, Cooper Landing, stated that commercialization will be on the increase. He was concerned with the development of large R.V. parks. Anyone receiving a living from the river should have to obtain a permit. Mr. Stockwell stated that they should issue the permit through the borough planning department and/or assembly. He was questioned whether Cooper Landing should be exempt from the ordinance. He stated that there should not be any areas exempt from the ordinance. Loren association Flag, Soldotna, representing the Kenai Peninsula Fishing Association, stated the would support the ordinance with the following amendments: 1) they should allow no exemptions, the river should be dealt with as a whole; 2) to increase the protection area to 100 feet; 3) to include the entire flood plain in the protection area, through a "conditional use permit"; 4) the fuel tank capacity should be changed to 50 gallons. Ron Wielbacker, Soldotna, stated that he opposed the ordinance. He did not agree with "takings." Mr. Weilbacker felt that it was the public owned land that was being misused. He felt that people are becoming more habitat aware. Peggy Mullen, Soldotna, referred to a Newsweek article as a reminder that the river should be dealt with as a whole. She felt the flood plain and tributaries should be a part of the river ordinance. Peachie Kobylk, Kenai Keys, was unclear regarding the issue of "grandfathering" for only two years. She did not agree with exempting the Cooper Landing area and felt that it was discrimination. Ms. Kobylk thought that the commercial fishermen were attempting to over power the sport fishermen. She stated that the ordinance was not designed for habitat protection, but, more of a land grab. April 2, 1996 Volume 38, Page 133

14 Larry Smith, Cooper Landing, stated that he did agree with the amendment which removed Cooper Landing from the ordinance, but, opposes the ordinance as a whole. He agreed that the greatest amount of damage was to the Cooper Landing area. Most of the damage has been done to public lands and the ordinance is directed to private property owners. The burden has been shifted to private owners and he felt that there should be a better way to protect the river banks. There being no one else who wished to speak, President Scalzi closed the public comment period. END OF TAPE 2 OF 3 TAPES Wiley moved for reconsideration of the Navarre motion to change the title of the ordinance to read "An Ordinance Defining the Kenai River Watershed Establishing Areas for Regulation of Activities for Habitat Protection Within the Watershed and Enacting Land Use Restrictions Within Those Areas;" add a new Section , Section 1 of the ordinance to read "Kenai River Watershed District." This is to establish the Kenai River Watershed District comprised of all lands lying within 600 horizontal feet of the Kenai River. This shall be measured from the ordinary high water mark, or mean high water line, in tidal areas;" to amend existing Section , Section 1, to read "Habitat Protection Area established." VOTE ON MOTION FOR RECONSIDERATION: Assembly Member Wiley spoke to the motion. He requested the administration to research what the ramifications would be from EPA or other federal and state agencies by creating the watershed area. Navarre moved to amend the amendment by changing, to read: "There is established a Kenai River watershed district comprised of [all lands lying within 600 horizontal feet] the entire drainage basin of the Kenai River consisting of approximately 2200 square miles, from the glaciers and the headwaters and the Kenai Mountains to the mouth of the Kenai River." Vol. 38, Page 134 April 2, 1996

15 Assembly Member Navarre spoke to his motion. He stated that its the same area designated in the Flood Mitigation Plan, the 309 Study and the Kenai River Special Management Area. The area also includes the lower five miles of the river. Mr. Navarre stated that he planned to provide a map showing the sections, townships and ranges involved in the watershed district. Assembly Member Glick also requested, from the administration, information regarding the ramification of the watershed district. The Mayor stated that the amendment was an attempt to define the watershed and/or the portion of the watershed which will go into Ordinance The ordinance still only applies to the first 50 feet of the Kenai River. It does not apply to any expanded portion of the watershed. A lengthy discussion took place regarding whether the watershed area should be identified within the ordinance. VOTE ON MOTION TO AMEND THE AMENDMENT: Yes: Navarre, Home, Drathman No: Merkes, Wiley, Glick, Scalzi, Brown, Bagley MOTION FAILED: VOTE ON MOTION TO AMEND: Yes: No: April 2, Yes, 6 No Glick, Scalzi, Brown, Navarre, Home, Drathman Merkes, Wiley, Bagley 6 Yes, 3 No Drathman moved for reconsideration of his motion amending Section , by deleting Ms. Home's language and substituting "there is established a Kenai River Habitat Protection Area within the Kenai River System. Except as otherwise provided in this section, this area includes all lands within 50 horizontal feet of Kenai River and the tributary streams known as the Killey River, Funny River, Snow River, Trail River, Russian River, Moose River, Quartz Creek, Juneau Creek, Crescent Creek, Cooper Creek, Ptarmigan Creek, Beaver Creek, King County Creek, Skilak River, Soldotna Creek, Hidden Creek, Primrose Creek, Slycock Creek, Dave's Creek, Upper Killey River, Gene Creek, Victor Creek, Ship Creek, Surprise Volume 38, Page 135

16 Creek, Conroy Creek, Pipe Creek, Shackleford Creek, Bean Creek and Fuller Creek. They shall be measured within the ordinary high water mark or mean high water line in tidal areas. Where the banks within this 50-foot area consist of 60 degrees or more cut bank, the habitat protection area shall consist of the greater of 50 feet from the river to a point 25 feet back from the top of the cut bank." He also moved to delete Ms. Home's proposed Section , K. Assembly Member Drathman spoke to his motion. He stated that there was concern regarding tributaries on federal lands. Governmental agencies have expressed a willingness to sign a memorandum of understanding supporting the ordinance. Assembly Member Wiley advised that several creeks listed in the amendment drain into Kenai Lake. There were areas which the ordinance covers that would have to be redefined. He further stated that Snow River, Trail River, Quartz Creek, Daves Creek, Primrose Creek and Ptarmigan Creek are all above Kenai Lake. VOTE ON MOTION FOR RECONSIDERATION: Yes: No: MOTION FAILED: VOTE ON MOTION FOR RECONSIDERATION: Yes: No: Navarre, Merkes, Home, Drathman Wiley, Glick, Scalzi, Brown, Bagley 4 Yes, 5 No Brown moved reconsideration of Merkes' motion to change wording in ordinance , "Lots, structures and uses of land [which were lawful] which were in use or had a substantial physical start..." Navarre, Merkes, Wiley, Glick, Scalzi, Brown, Home, Bagley Drathman 8 Yes, 1 No Assembly Member Brown requested legal direction, if the ordinance passes, what the ramification would be to a property owner in the middle of new construction. Colette Thompson, Deputy Borough Attorney, stated that language could be added to the section to clarify what extent of "use" was to be approved. The ordinance does not specify allowance for "construction in progress." Vol. 38, Page 136 April 2, 1996

17 Brown moved to amend Ordinance 96-06, to read Prior Existing [Uses] Structures (A) "There are structures which were under construction, or exist and were in use before the adoption of this ordinance which would be prohibited or restricted under the terms of this ordinance or future amendments. It is the intent of this section to permit these prior existing structures to continue. Any such structures must still comply with other applicable laws. Section (B). Structures which were under construction or in use before the effective date of any provision of this chapter, but that would be prohibited or restricted under the terms of this chapter shall be allowed to continue, provided that a structure under construction must be substantially completed within two years of enactment of this ordinance. Such a structure may be maintained or repaired without a permit. Such a structure may also be replaced or reconstructed within two years after accidental damage or accidental destruction by fire, explosion, or other casualty or act of God. Reconstruction or replacement not completed within two years of the date of the damage is prohibited except in compliance with current requirements. Such replacement or reconstruction may only be undertaken in the space that the structure occupied prior to damage or destruction." VOTE ON MOTION TO AMEND THE AMENDMENT: VOTE ON Yes: No: Navarre, Merkes, Wiley, Glick, Scalzi, Brown, Home, Bagley, Drathman None 9 Yes, 0 No VOTE ON MOTION TO AMEND AS AMENDED: President Scalzi stated that 11:30 p.m. deadline had approached and that Ordinance would be taken up at the April 16 meeting. Assembly Member Glick requested reconsideration of the deletion of the lower river and Cooper Landing areas. Assembly Member Glick requested reconsideration of Section , to adjust the fuel tank capacity. She also recommended an amendment to Section , periodic reviews to be amended from two years to one year. Assembly Member Navarre requested reconsideration of Section , regarding the watershed amendment. April 2, 1996 Volume 38, Page 137

18 Assembly Member Brown requested clarification regarding the issue of reconsideration of motions from prior meetings. Betty Glick, Parliamentarian, stated since they did not deal the issues within tonight's meeting, they would be applicable for reconsideration and/or recision at the next meeting Assembly Member Home requested reconsideration of Section (b)(2), regarding language change. Navarre moved to hold a special meeting of the assembly on April 11, Drathman moved to amend to hold a special meeting of the assembly on April 3, A lengthy discussion took place regarding whether to hold an additional meeting to discuss further and work on the issue of the Kenai River. VOTE ON MOTION TO AMEND: Yes: No: MOTION FAILED: VOTE ON MOTION TO ADJOURN: Yes: No: Wiley, Glick, Home, Navarre Merkes, Scalzi, Brown, Bagley, Drathman 4 Yes, 5 No Brown moved to adjourn the meeting. Merkes, Glick, Scalzi, Brown, Bagley, Drathman Wiley, Home, Navarre 6 Yes, 3 No The meeting was adjourned at 11:46 p.m. MAYOR'S REPORT (Included in meeting packet) The Mayor awarded the following contracts: 1. Contract for lawn maintenance with Alaska Garden & Pet Supply, Inc. in the amount of $19, Contract for professional services for road maintenance design with William J. Nelson and Associates in the amount of $92, Sole source contract for ICS training for the north and central zones in the amount of $12,000 with Pinkston Enterprises and Jim Butler. Vol. 38, Page 138 April 2, 1996

19 MAYOR'S REPORT (Included in meeting packet) The Mayor awarded the following contracts: 1. Contract for lawn maintenance with Alaska Garden & Pet Supply, Inc. in the amount of $19, Contract for professional services for road maintenance design with William J. Nelson and Associates in the amount of $92, Sole source contract for ICS training for the north and central zones in the amount of $12,000 with Pinkston Enterprises and Jim Butler. The Mayor submitted the Flood Mitigation Plan. Copies of Phase I of the plan have been provided to Assembly members with their April 2, 1996 meeting packets. Copies are also available for public review at the city administration buildings and city libraries in Seward, Soldotna and Kenai, and at the Borough Planning Department Resource Library. ANNOUNCEMENTS April 16, 1996 at 7:30 p.m. Regular Scheduled Assembly Meeting, Soldotna Assembly Chambers Da~e Approved i n ATTEST: An r GaYe J. V g an, Borou g Jerk April 2, 1996 Volume 38, Page 139

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