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HomeMy WebLinkAbout2007-02-21 Council Minutes - Work SessionKENAI CITY COUNCIL WORK SESSION FEBRUARY 21, 2007 5:00 P.M. KENAI COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING NOTES Council present: J. Moore, R. Molloy, B. Eldridge, P. Porter, R. Ross, L. Swarner, and M. Boyle Staff present: City Clerk C. Freas, City Manager, R. Koch, City Attorney, C. Graves, C. Kopp The work session was called to order at approximately 5:03 p.m. City Attorney Graves briefly reviewed a memorandum included in the work session packet entitled, "Municipal Regulation of Boat Launches." Discussion follows and comments included: • The city's authority is as the owner of property which is different than authority as a governmental entity. i The city lobbied to be excluded from the Kenai River Special Management Area (KRSMA); the city has a vested interest in commercial development on the lower river; the city needs to act now; adopting a wait and see attitude would be irresponsible; and, if the city passed an ordinance to prohibit two-stroke engines on the lower river and would be challenged, what would be the loss. • The city has no authority on the lower river on two-stroke and methods of fishing and would not have the resources to enforce such an ordinance. • Willing to make a statement, but not willing to pass an ordinance without it being able to be enforced. • There will be many users of the river being inconvenienced if an ordinance would be passed to exclude the use of two-stroke engines. • There is no guarantee the Department of Natural Resources (DNR) will develop regulations excluding the two-stroke engines. • An ordinance would be worthy of consideration if it were only a July restriction, tied to the pollution issue, and would have an a future effective date to allow DNR to develop regulations. • Concern the city would be challenged, however it would be good to do something to discuss the issue further and to keep it in the forefront. Hosting a joint work session with City of Soldotna and Kenai Peninsula Borough Assembly representatives was suggested. Council Member Moore was requested to help set the agenda. Comments from audience: CITY COUNCIL WORK SESSION MARCH 21, 2007 PAGE 2 Gary Knopp, Kenai Peninsula Borough Assembly Member -- Suggested representatives from the KRSMA be included in the work session, and a resolution be developed from the governmental entities and DNR as a combined body. Dwight Kramer -- Stated he believed the two-stroke engines would be restricted by 2008 and believed there were other options with the Board of Fisheries. Kramer suggested submitting a 'placeholder' before the Board of Fisheries with recommendations of how to handle concerns for the lower river. Kramer submitted a copy of a placeholder proposal stating vessels with two-stroke engines must be anchored with the engines off before fishing from a boat in the area below the Warren Ames Bridge. Ricky Gease -- Stated he believed the city has direct authority over the river below the bridge; suggested passing an ordinance with a 2008 effective date; did not believe the state would sue because the city is putting forth an effort to do something about water quality concerns; and, believed there was strong support in Soidotna to put something in place for 2008. Gease stated he believed it would not be helpful to send a proposal to the Board of Fisheries as the council had the power and responsibility to do something itself. Robert Ruffner, Kenai Watershed Forum -- Agreed with a lot of the comments made; believed there would be support from the City of Soidotna and the borough Assembly; believed a joint work session would be interesting; submitted a draft Board of Fisheries proposal to ban two-stroke engines from the river during the month of July. Administration was requested to contact the following persons for a joint work session: City of Soldotna Council Members and City Manager Borough Assembly Members Gilman and Knopp KRSMA Kenai Watershed Forum Department of Fish & Game Department of Environmental Conservation Department of Natural Resources The work session ended at 6:15 p.m. Notes prepared and submitted by: 4 Carol L. Freas, City Clerk 31LL1(O l