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KENAI CITY COUNCIL - SPECIAL MEETING
JANUARY 14, 1981 - 7:00 PM
A. ROLL CALL
a. DISCUSSION ITEM
1. Consideration of CH214 Hill for Construction
of a Small Boat Harbor
2. Coastal Zone Management, Discussion of
Mutual Understandi,ig of Agreement
ADJOURNMENT
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KENAI CITY COUNCIL - SPECIAL :Kt�ETZNG, MINUTES
JANUARY 14, 1981 - 7z00 PM
KENAI PUBLIC SAFETY .BUILDING
VICE -MAYOR BETTY GLICK PRESIDING,
A. ROLL CALL
Presents Tom wagoner, Betty Glick, Jess Hall,
Ron MaaNton, Ray Measles, Dick Mueller
Absents Vincent O'Reilly
B. DISCUSSION ITEM
B-1 Consideration of CH2M Hill for Construction of a
Small Boat Harbor
Atty. Delahay explained that at the last meeting
with CH2M Hill, they agreed no action will be
taken till the task order is signed. He noted
he had a few small problems, they are only a
matter of language and can be worked out.
Harbor Commission Chairman Peterkin said the two
contracts are exactly the same, with two different
sums. He doesn't like the idea of being tied down
pn, to anything on a contract.
«� MOTIONs
Councilman wagoner moved, seconded by Councilman
Hall, to postpone any consideration till the
Jan. 21, 1981 meeting.
Motion passed unanimously by roll call vote.
Council agreed to hold a work session after the
special meeting tonight (1-14-91) in the City
Hail.
B-2 Coastal Zone Management, Discussion of Mutual
Understanding of Agreement
Public Comments
Murray Walsh, Alaska Coastal Zone Management, spoke.
He introduced Amy Kyle, also of Alaska CZM. lie
explained the plan will bring together all agencies
involved in the wetlands to facilitate action. The
City has the right to step aside at any time if
they don't like the way it is going. It will not
cost the City much money, just some time. He intro-
duced the representatives from various governmental
agenciess
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KENAI CITY COUNCIL
JANUARY 14, 1981
Page 2
Larry Reeder - Corps. of Engineers
Dr. Terry Huffvain - Corps. of Engineers
Bill Lawrence - EPA
Johr Nichols - Fish & wildlife
Roger Moulton - Alaska DEC
jUwm Kyle - Alaska CZM
Waldo Coyle, Kenai, spoke. He felt the yuvernment
was asking the City to put up City land for them.
Why were they taking Kenai, other communities are
taking up wetlands. The City has no P&Z author-
ity, why are they asking for authority from us,
and doos this supercede our P&Z? Our Senator
has agreed to bring this item in Congress, we should
not do anything now.
Vice Mayor Glick replied, this is part of the
Comprehensive Plan adopted by the Borough, some
lands considered undevelopable can be swapped.
u-$nai is being used as a test case.
Mr. Coyle asked, is the Comprehensive Plan a legal
dfi-lamnt? Vice Mayor Glick replied, as far as
she knows, yes. Atty. Delahay said, it is unen-
forceable against private property, it is just a
guideline, but it is legal.
Chester Cone, Kenai, spoke. He feels this is a farce.
He has tried for 2-1/2 years to develop his land.
This is just a delaying plan. They have not said
they will give up their lands, just private lands.
The City should get a time limit promised before
we do anything.
Murray Walsh spoke. He said it should only take
18 months. He cannot speak for Mr. Cone's case
without taking time to review.
City Manager Brighton asked Mr. Walsh to reply to
the idea that some people feel permitting will be
held in abeyance. Mr. Walsh replied, the Mayor
was afraid this would delay permits. The law on
the day the permit is applied for will be the law
used. There will not be any delaying tactics.
Any Kyle, at request of Ruby Coyle, noted this
was stated in the MOA (Memo of Agreement).
Mr. Walsh, at request of Councilman Wagoner,
said the study will cost $400,000 for mix square
miles. There are 700 jobs involved, and a
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KENAI CITY COUNCIL
JANUARY 14, 1981
Page 3
$3 Million fish industry. Councilman Wagoner said
the salmon are not involved, Mr. Walsh replied, if
S�- 4*-is shown wetlands have nothing to do with the
salmon industry, he wcn't use that examples these
are figures given to him by people in the area.
Councilman Hall asked, what happens after designa-
tions are made to zoning? People will have private
land they can do nothing with. Mr. Walsh explainer;
the land will have low value restrictions, and will
be classified up to critical wetlands. Lower value
will have lower restrictions against development.
By everyone's agreement, they will trade. Atty.
Delahay asked, does that mean the Fed. Govt. will
trade moose land, etc.? Mr. Walsh replied, he
didn't think any one level of government should
take all the responsibility. Atty. Delahay said
he read it that the City will not have to be the
only ones who give land. Councilman Wagoner said
the Borough cannot commit lands of the City. Mr.
Walsh said they were led to believe the City was
willing to go along.
Gerald Brockman, Kenai, spoke. He approved of
the proposal, but had some wording changes to
suggest. Waldo Coyle asked, does he live in the
City, and does he own wetlands? Atty. Delahay,
by request from the Council, gave an opinion on
the question. He suggested each party make their
statements before rebuttals are made.
Jerry Andrews, Kenai, spoke. He felt there may be
legal and constitutional issues involved. Con-
stitutionally, if this was found in error to com-
pensate the land owners, the City should not have
to indemnify land owners.
Ruby Coyle spoke. She is opposed to the XOA. It
is not the responsibility of the City of Kenai
for planning b zoning, it is the responsibility
of the Borough.She also questioned the legality
of entering into this MOA. With a new U.S. pres-
ident coming in, we should wait. All the agencies
want this done before then. There are no homesteaders
on the list of those working on the MOA, nor is there
one not in government.
Ernie Knackstedt, Kenai, spoke. He noted many of
the agencies used them- initials, many people did
not know what they meant. They should spell out
their agency.
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KENAI CITY COUNCIL
JANUARY 14, 1yUl
Page 4
H.A. Poore, Kenai, spoke. He is against signing
the MOA. It is one more layer of bureaucracy, we
have enough now.
Jesse Wade, Kenai, spoke. He is concerned that the
City of Kenai would add a degree of credibility
to this document. It has some urgency he doesn't
understand. Why slot let the public vote on this?
The hearing is not representative of a large
number of people. Also, the regulations and con-
trols have not been tested, they should have been.
Andy Johnson, North Kenai, spoke. He was against
signing this. Everything done now will become
precedent. He guessed 50% of usable Borough land
is wetlands. If we set precedent nGw, the rest of
us will be paying for this for the rest of our
lives. He has been fighting a government agency
for 9 years. We are over -regulated now.
Administrative Coordinator Davis spoke. He said
he has attended most of the meetings regarding this.
Most questions have been taken care of in the MOA.
00 He cannot speak for the constitutionality. In
reply to some of the statemfentss
1. "The wetlands have not been mapped." They
had, but were not classified and only mapped
at 1-250/1000 scale.
2. This study was done to prevent problems
such as Mr. Cone's experience.
3. Length of time to complete plan - That was
spoken to already.
4. "The City of Kenai has no P&Z authority." The
City has a zoning ordinance, there must be
some authority someplace.
5. Everyone has concern on changes in the admin-
istration. Mr. Davis' new m-mo will state
they will give the City a chance to withdraw
if they are not happy.
6. Mr. Wade's concern of going out to vote. The
Office of Coastal Management is handling study
funding. Once the plan is complete, then the
plan is put together, it will come to Council
to be approved. It could be a public :searing
or a vote if desired.
George Fox, Kenai, spoke. He is not recommending
kid on the MOA. He would suggest once the plan is for-
mulated, the City should have the wetlands classi-
fied as to critical, etc. and insist on compliance
specs in each classification. It should be
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KENAI CITY couNCII.
JANUARY 14, 1981
Page 5
expeditious, it should be "rubber-stamped" if in
T' approval. Mr. Walsh replied it is intended that
developmental criteria would be included in the
result.
Waldo Coyle spoke. He noted Mr. Davis brought
up some interesting points. There will be dis-
cussion forever on this.
Ruby Coyle spoke. She said our Comprehensive
Plan is just a comprehensive plan. It is not a
-_: legal planning & zoning plan that is enforceable.
-- She told Mr. Davis when the Borough ordinance was
passed, all planning & zoning powers were given
to the Borough. She felt it was strange that all
U other communities in the Peninsula were given
small boat harbors, Kenai was not. Why did they
pick Kenai for the first wetlands study?
City Manager Brighton spoke. It is the City's in-
tent to help the citizens with problems such as
Mr. Cones. If nothing is done at this time, this
will continue to be the same problem. This was
not initiated by the City, but by the previous
Borough Mayor. He went to CZM with the problem,
they went to other agencies. They will have the
technical data ready by 1982. At the point of
decision, there will be public hearings.
Atty. Delahay spoke. He had a few legal problems
with this. What are we agreeing to if nothing is
binding? Zoning has been upheld for many years,
the citizens will get no payment for lack of use,
they will be tied down to it. What is the necessity
-i" of having the City & Borough in the agreement? Is
there any reason the agencies cannot zget their
ducks in a row" without the City & Borough involved?
..- Mr. Walsh suggested the wetlands owners form a
committee to discuss with OCM. He noted State
"= governmental regulatory reform, agencies must have
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an answer to a complex question in 65 days, to a
` simple one in 30 days. The reason Kenai was selected
=; was this is where people are being hurt the most.
-i Councilman Wagoner asked Mr. Walsh, the dispute
between Governor Hammond and Commissioner Laresche
as to advisability of continuing Coastal Zone
program. Did he have any comment? Mr. Walsh re-
plied the Governor rejected the idea Mr. Laresche
�? had of repealing the CZM. AS far as they are con-
cerned, the matter is closed. Councilman
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KENAI CITY COUNCIL
JANUARY 14, 1981
%ll) Page 6
asked Bill Lawrence, Fed. EPA repre-
sentative, are the EPA items not negotiable? Mr.
Lawrence replied, he thought that within the guide-
lines as written, there's alot of room for latitude.
In this type of program, there is a good chance to
use this latitude. Councilman Measles asked, will
this speed up the process if each case must be
brought to EPA? 1441r. Lawrence stated the process
will be speeded up, they will establish that this
area is where development can occur. Mr. Walsh
said it is possible to do this on a large area of
land.
City Manager Brighton asked, as an example, if
a land owner wanted apartments on his land, EPA
wanted it someplace else, but this cannot be done
by the landowner, can the land be exchanged for
other land? Mr. Walsh replied, if the owner does
not have an alternative, they can build on other
land.
Councilman Wagoner asked, once you make the study,
you will determine which areas are developable.
Then you say, we must Frove this after the plan
is completed must wia have all future plans avail-
able before the plan is approved? Mr. Walsh said
they hope to have all proposals done in the plan-
ning process.
Councilman Mueller said the only way he would vote
for this is if the wetland owners are included.
Mr. Walsh said he was thinking of a sizable group.
Councilman Hall asked if they would participate
and have the same rights as other agencies, with
the right to withdraw? Mr. Walsh replied no,
but practically speaking, if the wetland owners
didn't like it, the City would not agree to sign.
MOTION:
Councilman Wagoner moved, seconded by Councilman
Mueller, to direct the City Manager to write a
letter tc Mr. Walsh which states that the Kenai
City Council agrees in concept with the MOA but
wishes further work between Council, interested
wetlands owners & operators, and other interested
persons on wording in MOA.
Councilman Wagoner explained that with this type
of letter, Mr. Walsh could proceed with action and
it would allow us time to study the proposal. Mr.
Walsh could get other user's groups together as
an advisory group.
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KLJAI CITY COUNCIL
JANUARY 14, 1981
Pace 7
Vice Mayor Glick asked Mr. Walsh, if the City
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decides not to participate at this time, how would
this affect the Borough and OCM? Mr. Walsh replied
it would be easier if the City said they like the
idea, but are troubled with the wording. Om still
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has to get the Borough interested. He cannot go
ahead unless he knows definitely that the City is
interested. Councilman Wagoner replied no matter
which way we worded this, we would not be parti-
cipants. The motion took care of this. Mr. Walsh
said as long as he knows eventually the City will
participate. Councilman Wagoner said he can't
guarantee that if the wording is changed, it will
be acceptable to all. Mr. Walsh said they could
work with it as it is.
Vice Mayor Glick asked, if we are not active partici-
pants that means Mr. Davis will not be able to
constructively participate? Mr. Walsh replied,
there will have to be work sessions to work this
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out.
4 Councilman Malston took the chair.
Councilwoman Glick said Borough Mayor Gilman came
to the Council and we decided to do this. Also,
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one of the reasons Senator Gravel had hearings was
because of the problems in this City. She would
like to see the city part of the decision -making
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process.
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Councilman Wagoner noted in hearing from the citizens
tonight, those opposed are those we are trying to help.
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Councilwoman Glick noted as well as privately owned
wetlands, the City itself has wetlands.
Vice Mayor Glick resumed the chair.
Councilman Hall said other than the fact that we
can pull out, we have nothing to gain. Why can't
they make the determination?
Councilman Measles said he didn't agree with the
wetlands program as is, and this will just make it
worse. He wouldn't want any meetings taking place
without City involvement.
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Councilman Wagoner said there are no starting and
stopping dates. He also felt we needed a reduction
of the verbiage. City Manager Brighton said it
says within 30 days. Mr. Walsh said there is one
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year of field work, planning work is 6 months.
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KENAI CITY COUNCIL
JANUARY 14, 1981
Page 8
MOTION, Amendments
Councilman Malston moved, seconded by Councilman
Measles, to strike everything after "concept with
Memo of Agreement" and add "concept with Memo of
Agreement but wishes further work with Council,
interested wetlands owners, and involved agencies
on the wording of the Memo of Agreement."
VOTE, Amendments
notion passed unanimously by roll call vote,
Vice Mayor Glick asked, "If we continue to work,
you will not take this to the Borough Assembly
next week?" Mr. Walsh replied yam., Vice Mayor
Glick asked, this prolongs everything? Mr. Walsh
said he has not been able to get this together.
He will try to work with this, he will try to go
to the Borough and ask them to go With it as it
stands. Councilman Measles &eked, if any wording
is changed in the MOA, all agencies will have to
agree, how long will that take? Mr. Walsh replied,
he hopes to get agency commitment in a short time.
They are all interested in seeing this happen.
Vice Mayor Glick asked if he will come back to
Council for review, Mr. Walsh replied yes.
VOTE, Main Notions
Notion passed, with Councilmen wagoner, Hall,
Malston, Mueller voting yesf Vice Mayor Glick,
Councilman Measles voting no.
Lice Mayor Glick suggested Mr. Walsh get with the
persons before the Borough Assembly meeting. The
Borough Assembly members will be invited to the
work session. Mr. Walsh said he would like a
letter telling where you are, sent to the Borough.
Vice Mayor Glick thanked all the agencies involved
for attending the meeting.
Clerk's Notes Since Planning & Zoning had their meeting
during a recess in the Special Meeting of the Council,
Council decided to continue the special meeting in the
Public Safety Buiiding and not retire to the City Hall
for a work session.
B-1 Continuation of Subject
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KENAI CITY COUNCIL
r-, JASUAR"Y 14, 1981
Page 9
MOTION s
Councilman Malston moved, seconded by Councilman
Wasles, for immediate reconsideration of the
motion for portponement of item Bt-1.
Motion passed unanimously by voice vote.
Harbor commission Chairman Peterkin said his
objections to the contract aces
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1. A maximum of 300 lineal feet for soil
Investigation.
2. Three maetings over a two month period.
3. The conceptual layout design.
He has no objectiyn to the conceptual design ,
any more. He asked Mr. Loren Leman to address
the Council.
Mr. Leman suggested if the amount of lineal
feet was changed to "adequate to cover drilling,"
it should be added, "a budget adequate to
cover adequate drilling." Councilman Hall said
at the last meeting, Mr. Leman had said they would
do the test drilling to satisfy. Mr. Leman replied
he felt 300 lineal feet would satisfy. City Manager
Brighton asked, what if they went over? Mr. Leman
replied, it will cost additional. Vice Mayor Glick
reviewed the proposal, the company plans to use
300 lineal feet. If this does not do, that' will Q
ask. for more, rind go for a one -for -one on the next
phases. Mr. Leman replied, they hope to.
Councilman Wagoner asked why is one bid $65,000 and
one 072,000 for the same work? Mr. Lemon explained,
there is a 10% contingency on the $65,000. Vice
Mayor Glick asked, if we choose 065,000, could they
give us a lump sum figure and then g:i7e us a billing? ;y
Mr. Leman replied Public Works Director Kornelis
has asked for this, it is not ready yet. Vice
Mayor Glick asked, if we chose a lump sum figure,
can we get a breakdown of costs?
Council agreed that was not right to ask.
Councilman Malston asked, we are only testing one
site? Councilman Mueller explained, that was de- k
s tided at ork session)i) b slNi.y t •e �.
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KENAT CITY COUNCIL
JANUARY 14, 1961
Page 10
VtLf- t1c'.1or
6e-Mood1womss Glick noted Mr. Kornelis' problem
fs that over the last couple of years, we have
YV% `` triad to moti-fiseCa"i j all contracts. Mr. Kornelis
V,V%'�cV— eheraiisnoet dthe
main
thing he was trying to say is,
periodic paying. Chairman
Peterkin said he could see no need for all bids on
a uniform basis. If the Harbor Coranission had
known that was what the Council wanted, they would
not have gone to the lengthy process of getting
bids. If Council wishes the cheapest way, they
should cancel the project and go back to bids on
all phases.
MOTIONS
Councilman Hall moved, seconded by Councilman
Malston, to accept the contract with CH2M Hili. to
do the design and engineering work on the small
boat harbor and accept task order #1 at the lump
sum of $65,000, subject to agreement between
the City Attorney and CH2M Hill Attorney regarding
wording of paragraph 12 of article 4 and deletion
of paragraph 13.
Atty. Delahay explained Mr. Leman will have to go
back to his company for review of the suggestions
put forth by Atty. Delahay. Chairman Peterkin noted
if this passes, the City will be limited to 300
lineal feet. Councilman wag"or aatiod nor, Leman,
did he have the lineal figure footage? Mr. Leman
replied, the assumed production rate is $50 per
ft., $25 - driller, $25 - engineering costs and misc.
expenses. Councilman Wagoner asked, what other
delay does he perceive that would make them drill
deeper? Mr. Leman replied, they probably will make
some of those deeper, plus artesian conditions
could affect it.
MOTIONS
Councilman Wagoner moved, seconded by Councilman $`
Malston, to direct the City Manager, upon acceptance
of the attorney's rewording of the contract, to +Y
sign without coming back to Council.
Motion passed unanimously by roll call vote.
ADJOURNMENT
Meeting adjourned at 1is35 PM.
Respectfully Submitted, VVVC
net Whelan, City Clark
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