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Home My WebLink AboutORDINANCE 1877-2000Suggested by: Council CITY OF KENAI ORDINANCE N0. 1877-2000 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 13.3.0.080 TO INCLUDE PROHIBITING THE OPERATION OF MOTOR VEHICLES ON THE VEGETATED AREAS OF A PORTION OF THE SOUTH SHORE OF THE KENAI RIVER AND COOK INLET. WHEREAS, that portions of the south shore of the Kenai River near the mouth of the river and adjacent areas of Cook Inlet beach containing vegetated areas are sensitive environmental areas; and WHEREAS, the vegetation, including beach grass, in those areas is necessary to maintain a stable and healthy beach environment; and WHEREAS, the operation of motorized vehicles in those areas causes harm to the plant life necessary to sustain a stable beach and healthy beach environment; and WHEREAS, it is in the best interest of the City of Kenai to prohibit operation of motor vehicles in such areas; and WHEREAS, this ordinance is not intended to restrict motor vehicle operation on or access to the non-vegetated beach areas of the south shore; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, Alaska, that KMC 13.30.080 is amended as appears in Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of March, 2001. Joh .Williams, Mayor ATTEST: Carol . Freas, City Clerk Introduced: September 6, 2000 Tabled: September 20, 2000 Adopted: March 7, 2001 Effective: Apri17, 2001 13.30.080 Operating a vehicle in a prohibited area. (a) North Shore It is unlawful for any person to operate a motorized vehicle in the area indicated on the map appended to this chapter, designated as Appendix I, and made a~ thereof, excepting the established roads within the area of beach road and a portion of Spruce Street and further excepting transit of this prohibited area entering or leaving at the designated area at the beach road and directly to the northwest to the westerly boundary of the prohibited area which maybe entered or exited only in the tidal area. Public Safet~(police, fire, ambulance, rescue) vehicles may operate in the prohibited area if necessary for public safety purposes. [BOUNDED BY THE MOUTH OF THE KENAI RIVER; THENCE NORTHWESTERLY ALONG THE WATERS' EDGE OF MEAN LOW TIDE TO A POINT BEING THE INTERSECTION IN AN IMAGINARY LINE OF THE STRAIGHT LINE EXTENSION OF FOREST DRIVE; THENCE NORTH ALONG THE IMAGINARY EXTENSION WEST OF PROPERTY LINES OF FOREST DRIVE TO THE TOP OF THE BLUFF; THEN ALONG THE TOP OF fiHE BLUFF EAST TO THE KENAI RIVER, ] f 2~ Further, specifically prohibited is the operation of a motor vehicle on any portion of the bluff slope in the area above so designated as prohibited, as is indicated on the map appended to this chapter, designated as Appendix I, and made a part thereof. (B) ~ Operation of motorized vehicles in that portion of the prohibited area southerly and easterly from the east end of Beach Road may be permitted for the purpose of working on beached boats and barges provided that a permit is secured prior to such operation. Applications for such permits shall be filed with the City Manager or his designated appointee setting forth details as to the work to be performed and the dates ~ of such performance. The City Manager may issue such permit, if he finds it reasonable under the circumstances, for a specified period of time, which may be extended on application showing good cause for such extension. (C) ~, Operation of motorized vehicles in that portion of the prohibited area described in KMC 13.30.080(aj above and entry to such area at a point or points other than at the natural end of Spruce Street may be permitted for the purpose of working on the Sewage Treatment Plant and on utility facilities provided that a permit is secured prior to such operation. Applications for such permits shall be filed with the City Manager or his designated appointee setting forth details as to the work to be performed and the dates of such performance, the areas in which such operations are required, and the point or points of entry required to expedite the work. The City Manager shall condition such permit or permits on repair or reconditioning of the beach area or bluff and may require a bond in such amount and with such terms, with or without cash deposit or other surety, as he may deem advisable to secure such repair or reconditioning or to reimburse the City for damages to the areas concerned. (ba South Shore It is unlawful for any person to operate a motorized vehicle on the vegetated within the area delineated by the map appended to this chapter, designated as Appendix II, and made a part thereof. Public safet,~(police, fire, ambulance, rescue) vehicles may operate in the prohibited area if necessary the public safety purposes. Ordinance No.1877-2000 Attachment A Page 1 of 1 13.30.080 Operating a vehicle in a prohibited area. Denotes ~.,,~ V ne of BI uff 0.5 0 0.5 1 Niles N S E Ordinance No. 1877-2000 Appendix I ~~__. Mouth of Kenai River KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 2000 PAGE 3 brought to council's attention at their last meeting. Ross added, KNA agreed to sign a right-of--way easement for Overland Drive. Mike Slezak -- Stated he was unaware of the right-of way problems with Overland Drive and that KNA was anxious to resolve the problem. Mayor Williams noted the record should show the City of Kenai had no objections to the vacation of public right-of way and/ or easement for referenced property. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1877-2000 --Amending KMC 13.30.080 to Include Prohibiting the Operation of Motor Vehicles on the Vegetated Areas of a Portion of the South Shore of the Kenai River and Cook Inlet. MOTION: Councilwoman Porter MOVED for approval of Ordinance No. 1877-2000 and Councilwoman Swarner SECONDED the motion. Bill Popp -- Stated he shared the concerns of his neighbors in regard to the increased pressure on the south side of the Kenai River due to the dip net fishing. He added, his biggest concern is the number of vehicles, amount of activity, pressure and sanitation. Popp referred to paragraph (a) (1) of the proposed ordinance and noted it allowed for public safety vehicles to operate on the vegetated area. He asked if that would cause a problem in refuge removal in the future. Other than that, he believed the ordinance was heading in the right direction, but the long-term concern would be how the city's services would be able to access the area. Porter stated her main concern in proposing the ordinance was the destruction of the dunes and sanitation problems in the area. She noted, administration was to discuss that concern with the state. Popp asked if the ordinance would allow parking at the mouth of the river. Porter answered, the issue is to protect the dunes and the ordinance offered an avenue for enforcement if needed. Ross explained administration had discussed the matter several times with the state and the city applied for a grant which was not granted. The state officials understand there is a problem and they and city administration are actively investigating placement of a road and parking lot in the area. Discussion followed regarding the city's intention to enforce the ordinance if passed. Chief Morris noted the Police Department had afour-wheeler available to them through Fish & Game during the dip net hshing season. Concern was stated that if there is an ordinance, it should be enforced all year long. Swarner stated she wanted to discuss purchasing afour-wheeler or other equipment needed for enforcement 1 KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 2000 PAGE 4 during the next budget period. Ross noted, the city would only be able to enforce the ordinance when officers were available to patrol the area. Bannock reported the Planning 8~ Zoning Commission passed their identical resolution. He stated his respect for the intent of the ordinance, but felt developing an alternate access would be a better way to resolve the concern instead of developing an ordinance that would be difficult to enforce. Bannock stated he would not support the ordinance and urged administration to provide an alternate access. Porter noted the ordinance didn't appear to have enough support and suggested administration discuss the matter further with the state. Ross noted, he had discussed several alternatives with the state and believes the biologists are recognizing that protection of the dunes is needed and a road maybe feasible. He added, he would be meeting again with state representatives in October or November. MOTION: Councilwoman Porter MOVED to table Ordinance No. 1877-2000 and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. C-3. Ordinance No. 1878-2000 -- Amending Various Parts of Title 21 (City Airport and Airport Lands) and title 22 (City-Owned Lands) of the Kenai Municipal Code. MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1878-2000 and Councilman Moore SECONDED the motion. There were no public comments. Ross reviewed the intended changes to the Code and noted the changes were housekeeping measures. VOTE: Booke : Yes Swarner: Yes Moore: Yes Porter: Yes Bannock: Yes Frazer: Yes Williams: Yes MOTION PASSED UNANIMOUSLY. C-3. Ordinance No. 18?9-2000 -- Increasing Estimated Revenue and Appropriations by X225,000 in the Water and Sewer Fund and the Mission Street Sewer Line Relocation Capital Project Fund. l MOTION: