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HomeMy WebLinkAbout1994-12-14 Council Minutes - Joint Work Session with Planning & Zoning Commissions C. 1�1 NOTES FROM JOZNT EEMAI CITY COUNCIL/ PLAXNING i E031ING CONNIBSION WORK .0E88ION DSCEMHER 14 r 1996 XWMI CITY WILL COUNCIL CM M8ER8 7:00 P.M. cQ=IL PRESENTS Measles, Swarner, Bookey, Smalley, Bannock and Monfor. RLMINJ i SONIN . C=jJjjjZQ Mns FMIJ NTs_ Bryson, Walker, Glick, Werner-Quade, and Geocke. STAFF, PRESEMT: Preas, Graves, Manninen, La Shot and Harvey. ALSO IN ATTEMDANCB:_ Assemblymembers Betty Glick and Tim Navarre and Harbor Commission Chairman Will Jahrig. Councilman Measles brought the work session to order at approximately 7:05 p.m. Councilman Measles referred to a copy of the ordinance which was included in the packet distributed to Council and the Commission members. Measles stated one of his concerna-of the proposed Borough ordinance ways the overlapping of zoning ordinances that will be placed on the properties within the City of Kenai if the ordinance was passed. The City of Kenai already has successful zoning ordinances in place. The proposed ordinance will affect approximately 6,000.acres of city property, which includes some residential subdivisions. Commis over Geockei, Geocke stated his strong opposition to the. proposed Borough Overlay.ordinan-ce.� The City coning ordinances should be protected. The City cannot control.those properties outside the city boundaries, but the City should continue to have the control of what is happening inside the city boundaries.'' councilman_, Bannock s . Bannock referred to Section 1(a) of the proposed ordinance. Bannock stated it appeared to him.that if there was a conflict between the city and Borough ordinances, the Borough would have the ultimate deciding factor. They City could express their wishes, but may not change anything. Ccmmissioner,_Wal_er• Walker referred to Section 1(b) wherein it states the overlay ordinanoe would "...apply to all lands that are located between the Kenai River and a line 600 feet further than the line that defines the 100 year flood .plain. . Walker stated he had a tremendous problem with the ordinance affecting • WORK SESSION NOTES DECEMBER 14, 1994 PAGE 2 such a large amount of area. Walker voiced his strong concern because of the large amount of acreage or broad area of which the ordinance includes. Commissioner Bryson: Bryson stated he has stated his strong concern before. It appears the Borough may have the authority to take back zoning powers it gave to the City in the past. Bryson added he strongly opposed signing on to an ordinance where the actual impact has not yet been determined, i.e. conditional use permits, or activities that will or will not be permitted, etc. Until those permitted and non -permitted activities are identified, he is greatly concerned. Councilman SmallyL Smalley stated he had similar concerns of Bryson. The zoning powers were given to Kenai and since then, the City of Kenai has done an excellent job in planning and zoning actions. Smalley added he would like the City of Kenai �r and the Kenai Planning & Zoning Commission to continue with their zoning authority. Smalley added there was still some question of who has the final authority. The City of Kenai has concerns in regard to the impacts on the River. Smalley stated he sees the borough ordinance as spot zoning and he does not like spot zoning. Smalley was concerned of the impact this would make. Councilwoman Monfor: Monfor stated she had been a member of the Kenai River Area Management Board years ago. At that time, the State wanted the City to give up control of the lower five miles. of the River. At that time, the City did not want to give up its authority for the last five miles and she does not want to give it up now. Monfor added she felt Kenai needed to be the forerunner of what goes on in Kenai and what can and cannot be done. It would be ludicrous to give up its zoning powers. Councilman Book,2y_ Bookey agreed with Monfor. Bookey added the administrative enforcement could be turned over to the State Parks and he would really have a problem with that. Councilwoman Swarner: Swarner stated she agreed with all the comments made so far. Counc-ilman Measles: Councilman Measles agreed. Measles • continued, several years ago the Borough asked the City to take over the zoning powers. It appears that the Borough is now attempting to get spot zoning in the city of Kenai. Measles. r� V WORK SESSION NOTES DECEMBER 14, 1994 PAGE 3 stated he has a big problem with that and is really concerned with the fact that the enforcement powers could be turned over the State. With the passage of the ordinance and turning enforcement powers to the State, it is getting further and further away from the control of the City of Kenai. Measles stated he had not seen anything good about this proposed: ordinance that he can support. M Assemblywoman Glick: Glick stated she understood the concerns, considerations and frustrations of the Council and Commission. She was a former Planning & Zoning Commissioner and councilmember from the City of Kenai. She fought hard for Kenai to obtain the zoning powers. The Kenai Peninsula Borough, as a second-class borough, has zoning powers. Because of the confusion of who had zoning powers, they were given to the City of Kenai. As long as she is on the Borough, she will fight long and hard before she would allow the zoning powers to return to the Borough. Glick referred to the City of Soldotna letter passed out at the.. beginning of the meeting. Glick stated the City of Soldotna i.s always wanting to give powers, etc. back to the Borough. The Borough's proposed ordinance was based loosely on the City of Soldotnals ordinance. Glick gave a brief history of the inception and development of the City of Kenai Planning & Zoning Commission. In 1982, the year she was first elected to the Assembly, the Kenai River Committee was developed and they worked to get:. legislation in place for the Kenai River Management Area'Advisory Board. During the time they worked on the legislation, there was a moratorium on development along the River. When the_. Advisory Board was formed they looked at the whole water column and came up with regulations they would enforce. They took it from the beginning to the mouth of the River. There was a hard-fought battle to delete the last five miles of the River. Glick stated she spoke with the Mayor today and did not see why the last five miles of the River should be included in the ordinance because there is no habitat/degradation being experienced beyond the Ames Bridge. Glick explained she signed on to the ordinance because she felt some dialogue needed to start to see what and if anything,,could • WORK SESSION NOTES DECEMBER 140, 1994 PAGE 4 be done to address the problems experienced along the River* Over the years, the Assembly has been told they have not been doing anything about the damage to the River. Prior to or around the time the ordinance was introduced, the Mayor met with representatives DNR, specifically Parks.and Outdoor Recreation, because the legislation of the KSRMA,gave authority to State Parks to develop rules and regulations, including private property, along the River. State Parks was not willing to do that. Glick stated she has had a brief discussion with the Mayor. The consideration was that if the Borough were to get into enforcing regulations, it would probably be better to do it at the State level. Glick stated she agreed with the Council and Zoning Commissioners that the best government is the local government. The local officials have a better understanding of what the impacts will be. Glick stated she spoke for herself as a member of the Assembly and she would "absolutely, positively not endorse any movement..." to have the City of Kenai relinquish any of their zoning powers. She believes the working relationship has been good and the recommendations from the City to the Borough Planning & Zoning Commission and Assembly have been good. She believes the zoning ordinances in place in the City of Kenai have worked and will continue to work. Glick added is was aware Soldotna is always looking for ways for the Borough to take over their responsibilities. However, lines of communication need to stay open so that the good working relationship will continue. Glick stated she spoke with the Mayor about the memorandum about the special committee. The top part of the memo refers to the Assembly committee. When she was President of the Assembly, her, intent was to form a task force of different entities to discuss the proposed ordinance. The new President felt that since it was a Borough ordinance, it should be Borough Assemblymembers:on the.. special committee for making recommendations, work sessions,. etc. In the last paragraph of the definition of the special committee., the cities of Kenai and Soldotna were inadvertently left off the list. However, in the body of the ordinance, it lists the City. of Kenai Planning Department as an agency which would be requested to comment. • WORK 3&SSION AIOT88 DECffi1BER 14, 1994 PAGE 5 Glick stated she would like to some kind of regulations along the area, if it only dealing with the areas the Borough controls. They need to continue looking at what the relationship the various state agencies will play because State Parks does have the authority to develop regulations on their own. So far, they have not elected to do it. At this time there is enough pressure and momentum to do something. ,A►esemblymember Navarre: Navarre referred to the memorandum to John Williams. Mr. Drathman was incorrect when he said he had not seen or heard of the Special Committee (which the memorandum discussed). The memorandum (about the special committee) was included with a large amount of other papers regarding the River and he may not have seen it. During the work session of 10/29/94, the special committee memorandum was read into the minutes by President Scalzi. ' Navarre stated he corrected Assemblyman Drathman and talked with President Scalzi and he wanted to assure the Council and Zoning.. Commission, he reviewed their request to be included on'the special committee. Scalzi stated it was his understanding the Special Committee would be a Borough Planning Department committee, but he will be setting the committee and will suggest that the cities of Kenai and Soldotna will have one representative or more on the committee. Smalley asked if that would be the person who serves on the Borough Planning Commission or councilmember. Navarre stated they hoped they would be councilmembers. Navarre stated it was not the intention of the Borough or the: ordinance to take away zoning away from the cities. The state and federal agencies stated on 12/3/94 they are willing to work: with the Borough and they are recommending to put something: --in. writing. There would be more stringent requirements than.now in effect. The overlay ordinance would go over and encompass areas and stork' with the zoning ordinances now in effect. Navarre added he. believed the ordinance would protect the lower five miles of:the river inside the city. What goes on in and along the upper river can ruin the last five miles of the river. Everybody needs..:to: . work together. The Borough was seen as the only agency that th river is totally within its boundaries to get all users, property owners, governments, etc. included. Navarre stated he believed • WORK SESSION NOTES D8CffiMBER 141 1994 PAGE 6 this ordinance is in the best interest of everybody. The river is very vital to the economy of the city. CouncilmanMeasle_&L Measles stated some of the City18 zoning ordinances may be more restrictive than what the Borough's ordinance regulations may be. Measles stated his concern there may be a 60-120 day waiting period to receive conditional use permits. A waiting period this long would eliminate a building season. ' gssgly=n_Nay_gXre: Navarre stated that question had come up in previous discussions. The Borough hopes to be a clearinghouse for permitting. Work needs to be done on the wording as the intent is to make it a simple process. Only when a project would go outside the norm would permitting take a longer time. Navarre stated it is the intent that the permitting would be a "same day'$ process. Projects that would be constructed inside the City would still come through the Cityls Planning & Zoning Department. Navarre requested Council and the Commission to remember the Assembly is made up of representatives from all over the Borough. The main concern is how to protect the river before it becomes like rivers in the "Lower 48." Something needs to be done now or the damage will not be able to be stopped. There needs to be a combined effort to accomplish their goal. It is thought the Borough is the most able agency to create the regulations. After the regulations are adopted by the new Special Committee, they will need Assembly approval. If the city governments want to review the regulations again before they are approved by the Assembly, the Assembly could consider it. Navarre added he was concerned that if one entity now included in the ordinance, drops out, others may also drop out. commissioner Geockes Geocke asked why the City and Kenai Planning & Zoning cannot retain control of the area within the City of Kenai if they so wish. Geocke added he felt that the Borough stepping in and zoning this area is like a "Sig Brother" attitude. Geocke stated he really had a problem with the Borough taking over the zoning powers. Councilman Measles:_ Measles stated the ordinance appeared to have been drafted as a knee-jerk reaction by the public to the articles published in the newspaper this summer. Articles written by Anchorage reporters. Measles added he felt a better WORK SESSION NOTES DECEMBER 14, 1994 PAGE 7 way to have handled would have been to set up a task force to. review the problems. The task force would have been made up of representatives from the state, user groups, governmental agencies controlling property along the river. The discussion would have been what can and needs to be done. With the proposed - ordinance, it gives the impression somebody is trying to push - something down the City"s throat. Comm ssio er,Wl err: Noted the maps which indicate the ownership of the last five miles of the river. Walker stated it was primarily owned by the City of Kenai. Walker added he felt the City would be giving up control of a lot of property. Walker stated he believed the last 12 miles of the river (City of Kenai property) should be excluded from the ordinance. Walker stated he agreed with Navarre that the River is within Borough boundaries. However, he did not think everybody would agree what the degradation is. Discernment is needed between who's using the river (sportfishing, etc.), what kind of usage and what the development is along the river. Since the City has retained ownership of most of the last five miles, it has alleviated some problems. Walker stated he still strongly disagrees with the Borough taking over the zoning at this point. C-Qpncilman 14easlen Measles stated there is a problem with.what the perceived problems of the river are. Natural erosion is constantly happening due to the changing of the riverts path. The natural erosion has happened since the beginning -of time. There will still be a certain amount of erosion going on from the. river and nothing can be done about it. At one of the .work sessions he attended it was suggested all tributaries of the river should be included in the ordinance. Also when adding the 100 year -flood plain, most of Old Town would be included. 9290cilwoman Monfort- Monfor stated the City could not get .permits from the state or federal agencies in order to develop the river in a responsible manner for the citizens so that there wouldn•t be erosion. Monfor added she believed there was already: too much government involved and it is not "user friendlyll in order to get permits, etc. • • WORK SESSI0N NOTES DECEMBER 14, 1994 PACE 8 Monfor stated she believed the ordinance expands the bureaucracy, it does not solve the problem and she doesnft feel it addresses the problem either. Monfor added she did not believe there is a problem in the City of Kenai. When the City tried to further develop Cunningham Park, the every governmental agency said no. CounciIman_Measles_:_ Stated the private property owners inside the City of Kenai have the same problems. If the Borough wants to do something, they should set up a clearinghouse for helping people to get approval for projects that would be helpful to the river. Commissioner__&rner-ou_a,de: Werner -Quads stated she attended one of the work sessions and there were a number of persons from the audience who spoke in regard to the ordinance. Afterward, Assemblywoman Mooch stated she hoped the next time people spoke they would speak "issue specific" to the ordinance. Werner-Quade stated she did not think the ordinance was "issue specific" either. Councilwoman Monfor: Monfor stated she felt the Council and Commission determined they did not like the proposed ordinance.. Councilman Smalley: Smalley asked if a statement would be drafted stating their findings from this work session. Smalley added he felt that what he heard during the work session was that Council and P&Z were in agreement they did not want to see the proposed ordinance passed. Smalley added he felt a letter should be sent to the Borough from the Council and P&Z in addition to the letter which was already submitted. He did not think, at this point, he would want the, ordinance to pass. Bannock: Asked if Smalley objected to the whole ordinance or being part of the ordinance. If the City was not part of the ordinance, would it doom the whole ordinance. Smalley: Stated he was not necessarily in opposition of the zoning overlay for the area outside of the city. However, the city is the most progressive and forward -going areas in the state. Zoning of properties within the city limits is the city's responsibility. He did not want that to change. Smalley added, he would like the ordinance to end about Mile 12.5 where the city O u WORK SSIO WORK SESSION NOTES DEC DECEMBER 14, 1994 PAGE PAGE 9 mee limits begin and the city govern its land within its city lim ord He objected to a state agency governing city properties, Sor to to o I C r 9- Measles: Stated he felt that if the ordinance passed, the la would become the Kenai River State park. two representatives (of the Assembly) had He continued saying a clear understand, of council's purpose in inviting them to the meeting, i.e. so they would have a clear understanding of the council's feelinr about the ordinance. His personal feeling was that if the ordinance passed and it included city lands, then the zoning responsibilities should all be given back to the Borough and let them handle it. He would not want to see two governing agencies govern the river. g Assembl._oa;; Gii ti • Stated she felt it was important to get dialog going between the Borough and the City. She appreciated the comments from the Kenai River Waterfront Association nand veld others who are diametrically opposed to the ordinance. Glick suggested that if a letter is written, it state that the city is not opposed to the zoning of the river outside of the city limits, but are opposed to the ordinance including the last 12.5 miles of the river. Also, if the city has some recommendations as to the rest of the ordinance, put those comments in the letter as well. Measles: Measles stated the letter would only address what is inside the city of Kenai. He would personally like to see the ordinance be on a smaller track. e• Stated he has listened to council's comments, but thought that the council was not listening to them. Navarre explained the ordinance that was introduced was being worked on prior to the recent newspaper article. no Navarre added, he did have a problem if the city chose to be outside the district. He requested input as to what could be done differently. He would like to be able to discuss the ordinance and see the cit work with the Borough on the composition of the ordinance. y Navarre added that inclusion of some of the tributaries into the ordinance are being discussed. The ordinance is being developed to protect everybody's social and economic development up and down the river. Navarre stated he did not want animosity between the city and -� other property owners. He y reviewing the draft ordinance ua drrewrite itand come to by come to the • E • WORK SESSION NOTES DECEMBER 141 1994 PAGE 10 meetings. He doesn't agree with the whole ordinance. The ordinance is to protect the river, not take powers away. The Borough needs the city's help to protect the river from the mouth to Kenai Lake. They need to review the "whole picture.,' The Borough needs the support and help of council in writing the ordinance. He would try to slow the progress of the ordinance in order to have more meetings. Navarre asked that the council does not derail the ordinance and make it sound like the Borough is taking of the zoning. They are not trying to do that. Measles: His concerns include several issues: Kenai already has working regulations in place. He does not see where the overlay ordinance could apply inside the city whether the property is developed or not. These are two different scenarios and he did not think an ordinance could be written to take in all the variations. The areas would have to be divided by sections and zoned for the geographic needs. Adding more steps for approval of development will not help. If the city is already doing things to protect the river, why change what it's doing. The existing property owners along the river outside the city have attempted to stop the fishermen on' their property by contacting State Parks. They cannot help if the person is below the high water mark. if State Parks cannot keep people off the banks, how will the ordinance. Navarre: Stated he has talked with Parks. They can start putting restrictions to protect private property. They will place boardwalks. The Borough has to take the lead and put it in the regulations and have the State by off on it. They need to. incorporate the city's and agencies comments in the ordinance. They would not be giving the powers back to the Division of Parks. It will still be up to the cities to respond. Measles: Stated the Borough could regulate but how would then enforce the regulations? Navarre:_ Answered the Division of Parks would police it, but would enforce the Borough's regulations. Also, the properties' - within the city could be enforced by the city and those properties outside the city would be enforced by the Division of Parks. The state and federal governments want to protect the river. R411mr-o.. Stated he would not support the ordinance as it still, would not allow the city to develop the river property as it t • WORK SESSION NOTES DECEMBER 14, 1994 PAGE 11 would like, 1.6.. a boat lain di Permission would'still be required from the,Corps of Engineers, the federal agencies, atate agencies, etc. Will Zaa g!, Introduced himself as the Harbor Commission Chair. Jahrig stated the Commission Vas unanimous in that they want the city to keep control of at least the last five river'ind up to the 12.5 miles. They also felt it would be best.for the cityy if the protected bank would include 1001 plus high water. Jahrig added, the lower part of the river is drastically different from the upper portion.of the river. He also stated he felt the city has done an excellent job of developing positively. :?w The work session ended at 8:25 p.m. 1 '♦ 1% Notes transcribed by: . r&aUWI u