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HomeMy WebLinkAboutResolution No. 2013-10a i 1�tlt CITY OF KENAI Suggested by: Council Member Molloy RESOLUTION NO. 2013 -10 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROVING AND ADOPTING MANAGEMENT ALTERNATIVE THREE FOR MANAGEMENT OF FISH WASTE AND OTHER SOLID WASTE FOR THE 2013 PERSONAL USE FISHERY ' i WHEREAS, the volume of fish waste and other solid waste deposited on'the beaches and in the waters of the Kenai River by participants in the Personal Use Fishery from July 10`h through July 31 s` has increased dramatically over the past several years; and; WHEREAS, it is estimated that between 400,000 and 800,000 pounds of fish waste were deposited by fishery participants on the beaches at the mouth of the Kenai River during the 2012 Personal Use Fishery; and, WHEREAS, the volume of other solid waste -- from tables) -- deposited on the beaches by fishery partii Fishery was also substantial; and, WHEREAS, the residents of the City of Kenai meetings and work sessions, requesting that volume of fish waste and other solid waste de participants; and, bottles to entire camps (tents, chairs, during the 2012 Personal Use testified and commented at many council ty take actions to reduce significantly the d on the beaches by Personal Use fishery WHEREAS, the City Manager develope5fAlternatives One through Six as options for management of fish waste and other solid waste for the 2013 Personal Use Fishery; and, WHEREAS, the City Manager pre nted Alternatives One through Six to Council and the public n work sessions, and provided c st estimates for all alternatives, including costs estimated for capital costs of equipment purq ases and for additional operating costs; and, WHEREAS, a brief descriptton of Alternative Three is that it will: -- Allow only'ut & Gill" cleaning of fish on beaches and in the waters of the Kenai River, requiring the fishery participants to remove the remainder of the fish, so that deposit of fjs/h carcasses will be prohibited; -- Provi a an increased level of enforcement to ensure an acceptable level of comp' nce by fishery participants with only "Gut & Gill" fish waste disposal on beaches and .n the waters of the Kenai River; ,ovide an increased level of efforts to move remaining fish waste to tide line during tides; and -- Provide an increased level of efforts to collect other solid waste in additional collection receptacles on the beaches; and, WHEREAS, Alternative Three is an aggressive program to reduce fish waste and other solid Resolution No. 2013 -10 Page 2 waste on the north and south beaches, and compliance by the fishery participants could result in a decrease in fish waste volume of up to 60% on the beaches and in the waters at the mouth of the Kenai River during July 10 through July 31, 2013; and, WHEREAS, it is in the best interests of the City of Kenai to adopt and implement Alternative Three for management of fish waste and other solid waste during the 2013 Personal Use Fishery; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Council approves and adopts Management Alternative Three for management of fish waste and other solid waste on the beaches at the mouth of the Kenai River for the 2013 Personal Use Fishery. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th day of February, 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk CITY OF KENAI MA IMPACTS OF PERSONAL USE FISHERY w `� ., q. �� . i i � . i ♦� .t _ ` _ _ �: �= � �'_ -� i 1 - .'r < 1 � � �� � =-fir �4.. +� �. �, '�� R -dMO M "'Villaye with a Past, C# with a Future 111111 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 1"2 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Pat Porter and City Council Members CC: City Manager Rick Koch FROM: Council Member Bob Molloy DATE: February 14, 2013 SUBJECT: Resolution 2013 -10 If approved by Council, Resolution 2013 -10 would establish Management Alternative Three as council policy for management of fish waste and other solid waste on the beaches at the mouth of the Kenai River for the 2013 Personal Use Fishery. I believe that Alternative Three is the best alternative for the 2013 Personal Use Fishery under the circumstances and I respectfully request the support of Council to adopt this resolution. A brief description of Alternative Three is that it will: -- Allow only "Gut & Gill" cleaning of fish on beaches and in the waters of the Kenai River, requiring the fishery participants to remove the remainder of the fish, so that deposit of fish carcasses will be prohibited; -- Provide an increased level of enforcement to ensure an acceptable level of compliance by fishery participants with only "Gut & Gill" fish waste disposal on beaches and in the waters of the Kenai River; -- Provide an increased level of efforts to move remaining fish waste to tideline during low tides; and -- Provide an increased level of efforts to collect other solid waste in additional collection receptacles on the beaches. Alternative Three addresses the problem of solid waste (other than fish waste) in the same way as the other alternatives, including Alternatives Two and Four. Here are some comparisons of Alternative Three with proposed Alternatives Two and Four: - 1 - The City's estimated capital cost for purchase of equipment is the same for both Alternatives Two and Three, $99,000; it is $61,000 for Alternative Four. The City's estimated additional operating costs are $138,150 for Alternative Three, which is $64,800 more than Alternative Two's estimate of $73,350 for additional operating costs. Alternative Four's estimated additional operating costs are a net of $190,550 ($202,550 less $12,000 due to eliminating the present practice of raking to the tideline on the north beach). Alternative Two costs less and is an attempt to improve the status quo, but does continue the status quo of allowing fishery participants to dump fish waste and carcasses on the beaches, and will continue the non - enforcement of the city code's prohibition against deposit of refuse (including fish waste) on the beaches. According to the City Attorney, adoption of Alternative Three will require a code amendment to allow management for "gut & gill" fish waste disposal because the code at KMC 12.20.010 does currently prohibit the dumping of fish waste on the beaches. Alternative Four -- which would prohibit disposal of any fish waste on beaches or in the waters of the Kenai River by requiring fishery participants to remove the whole fish -- is the only one of these alternatives that would not require a code amendment.' What distinguishes Alternative Three from, and makes it a more aggressive alternative than Two, is the City Manager's estimate that compliance by fishery participants could result in a decrease in fish waste volume of up to 60% on the beaches and in the waters at the mouth of the Kenai River during this fishery. An estimated increase in expenditure of $64,800 seems to be well worth a potential decrease in fish waste volume of up to 60 %. Alternative Four is attractive but I think implementation may require banning camping on the beaches. This is because some fishery participants camp on the beaches for several days, and would need to at least "gut and gill" their fish so the fish don't spoil. Unless the Council bans camping on the beaches, allowing only "gut & gill" cleaning seems to be a better solution than either Alternatives Two or Four, with the potential to reduce fish waste by up to 60 %.2 According to the City Manager, current fees for camping and parking associated with the Personal Use Fishery are insufficient to support the estimated City expenditures for additional operating costs for both Alternatives Two and Three for the 2013 Personal Use Fishery. Estimates are that fees need to be raised by $5 to support Alternative Two and by $10 to support Alternative Three. However, the Administration may identify other ways to recover the additional costs of Alternative Three. And some costs could be recovered through fines collected on enforcement. Azl� 1 Since the 2012 Personal Use Fishery, several members of the public have commented about the code's prohibition against dumping fish waste on beaches in support of their requests for a ban on fish cleaning on the beaches (which is Alternative Four). Z If the Council chooses Alternative Two, then the code should be amended to allow a person to dump fish waste and carcasses on the beaches only during the Personal Use Fishery, instead of maintaining the same code and continuing non - enforcement every year. 0 Kenai Municipal Code Kenai, Alaska Current through Ordinance 2652 -2012 and the December 2012 code supplement. For more recent amendments to this code, please refer to the CodeAlert page, or contact the city. This document is provided for informational purposes only. Please read the full disclaimer. • Municipal Code Table of Contents • Search • Ordinance List • CodeAlert - Recently Passed Ordinances Links: • Kenai. Alaska - Home Page Contact: Kenai City Clerk: (907) 283 -7535, Ext. 231 Published by: 3 UNE Quality Code Publishing Seattle, WA 1- 800 - 328 -4348 12.20.010 Deposit of refuse. (a) No person shall place or deposit any refuse in or upon any public property, public beach, public alley, street, or highway, sidewalk, park or other public place in the City except as herein expressly authorized. No person shall place any refuse on land of another without the owner's consent. (b) Dumpsters or trash receptacles located on public property may only be used for depositing small quantities of refuse generated in connection with public activities such as picnicking, camping, touring, pleasure boating, fishing, or other outdoor recreation. No fish, fish carcasses, fish parts or offal may be deposited in dumpsters or receptacles unless marked specifically to allow for fish or fish parts. No person shall deposit refuse generated by residential, commercial, or industrial uses in or near any dumpster or trash receptacle located on public property. No person shall deposit refuse in or near any dumpster or trash receptacle located on public property contrary to any instructions posted on or near the dumpster or trash receptacle. (c) No person shall deposit refuse in a private dumpster without the owner's consent. Owners of dumpsters may post signage on or near privately owned dumpsters stating that unauthorized use is a violation of the City Code. (d) Violation of this section is subject to a fine of five hundred dollars ($500.00) for each offense. (e) The term "refuse" as used in this section means any garbage, trash, waste or discarded material including, but not limited to, discarded food, animal and vegetable matter, fish or animal carcasses, fish parts, offal, waste paper, newspaper or magazines, bottles or cans, containers or wrappers, boxes, paper or plastic cartons, motor vehicle parts, oil, or discarded building/ construction material. (KC 12 -15; Ord. 1776 -98) ALTERNATIVE TWO GENERAL DESCRIPTION Provide an increased level of effort to move fish waste to tideline during low tides and increase efforts to collect other solid waste in collection receptacles. DETAILED DESCRIPTION Solid Waste Other than Fish Waste — Launch, no change from effort in 2012. South beach, provide two additional locations for dumpsters. North beach, in addition to locations presently served, locate four to six additional dumpsters on the river side of the dunes between the east end of Kenai Avenue to the west end of the wastewater treatment plant. Fish Waste — Launch, no change from effort in 2012. South beach, use existing small tractor and landscape rake to move fish waste to tideline during low tide during, or closest to, 11PM to SAM period when Fishery is normally closed. This may or may not require a person on a four - wheeler or similar equipment to act as guide for the tractor and rake. North beach, expand area of operations from the where No -Name Creek near the east end of Kenai Avenue to approximately N mile west of the wastewater treatment plant, and purchase new larger tractor and larger lawn rake (using FY13 State Grant, $150K) to move fish waste to tideline during both low tides each day. This will require purchase of a four - wheeler or similar equipment to guide tractor /rake during at least one of the two low tides and possibly both. ESTIMATED ADDITIONAL COSTS The estimated capital costs for purchase of a larger tractor /rake, signage, and four - wheelers or similar equipment is $99,000 and estimated additional operating costs are $73,350 PROS & CONS Pros 1. Lower operational cost than all alternatives other than Alternative One 2. Is a staged approach 3. Will result in the lowest increase in user fees 4. Expands current operations (in which we have experience) rather than creating new systems 5. Does not require State permitting to manage regulated waste streams 6. High probability of success in meeting goal Cons 1. Continues to place large volumes of fish waste in Kenai River. 2. Some Kenai /Peninsula residents may believe that not enough is being accomplished to address problem 3. Increase in operational costs 4. Increase in user fees ALTERNATIVE THREE GENERAL DESCRIPTION Allow "gut & gill" cleaning of fish on beaches and in the waters of Kenai River, provide an increased level of effort to move fish waste to tideline during low tides and increase efforts to collect other solid waste in collection receptacles. Provide an increased level of enforcement to ensure only "gut & gill" waste disposal on beaches and in the waters of the Kenai River. DETAILED DESCRIPTION Solid Waste Other than Fish Waste —Boat launch, no change from effort in 2012. South beach, provide two additional locations for dumpsters. North beach, in addition to locations presently served, an additional four to six additional dumpsters will be sited on the river side of the dunes between the east end of Kenai Avenue to the west end of the wastewater treatment plant. Fish Waste —Amend KMC 12.20 to allow disposal of "guts & gills" on specific lands and waters within the boundaries of the City. Provide increased enforcement efforts to ensure that only "guts & gills" are left on the north and south beach and that the remainder of all fish (in whole or part) are removed from City property by Fishery participants. Compliance could result in an up to 60% decrease in fish waste volume. South beach, use existing small tractor and landscape rake to move fish waste to tideline during low tide during, or closest to, 11PM to SAM period when Fishery is normally closed. This may or may not require a person on a four - wheeler or similar equipment to act as guide for the tractor and rake. North beach, expand area of operations from where No -Name Creek near the east end of Kenai Avenue to approximately N mile west of the wastewater treatment plant, and purchase new larger tractor and larger lawn rake (using FY13 State Grant, $150K) to move fish waste to tideline during both low tides each day. This will require purchase of a four - wheeler or similar equipment to guide tractor /rake during at least one of the two low tides and possibly both. ESTIMATED ADDITIONAL COSTS The estimated capital costs for purchase of a larger tractor /rake and four - wheelers or similar equipment is $99,000 and estimated additional operating costs are $138,150. PROS & CONS Pros 1. Attempts to remove majority offish waste from beach areas 2. Majority offish waste may become "someone else's problem" 3. Not the most expensive alternative ALTERNATIVE THREE (cont.) PROS & CONS (cont.) Cons 1. While not the most expensive alternative, it is still very costly 2. Creates additional conflicts with Fishery participants 3. Majority of fish waste may become "someone else's problem ", such as Kenai Peninsula Borough at transfer stations and along Borough roadways, State of Alaska DNR, DOT /PF 4. May result in a large number of Fishery participants violating City ordinances, Borough ordinances, and /or State of Alaska laws /regulations 5. Fishery participants camping for an extended period of time on the beach will not have a viable alternative for disposal of fish waste 6. Dumpsters placed on beaches for non -fish waste may become filled with fish waste. 7. This alternative will not be able to be enforced on the Kenai River unless the City begins enforcement activities from watercraft (not included in attached estimate) 8. In spite of our best efforts this alternative may not be very successful 9. Requires police officers to be dedicated to Fishery enforcement ALTERNATIVE FOUR GENERAL DESCRIPTION Prohibit disposal of any fish waste on beaches or in the waters of the Kenai River by requiring Fishery participants to remove whole fish, and /or fish and fish waste from the beaches and the water of the Kenai River. Provide an increased effort to collect other solid waste in receptacles. Provide an increased level of enforcement to ensure no waste disposal on the beaches or in the waters of the Kenai River. DETAILED DESCRIPTION Solid Waste Other than Fish Waste — Boat launch, no change from effort in 2012. South beach, provide two additional locations for dumpsters. North beach, an additional four to six additional dumpsters will be sited on the river side of the dunes between the east end of Kenai Avenue to the west end of the wastewater treatment plant. Fish Waste — Prohibit disposal of fish waste of any kind from the Fishery on north and south beaches and in the waters of the Kenai River within 3.5 miles of the mouth of the River. This will require a significant increase in enforcement activities, up to six additional seasonal enforcement officers. The past effort of using a tractor to move fish waste to the tideline at low tide will no longer be required. ESTIMATED ADDITIONAL COSTS The estimated capital costs for four - wheelers and signage is $61,000. The estimated operating costs for this alternative is $202,550. This is offset by a reduction in operating costs of $12,000 by eliminating the present practice of raking fish waste to the tideline on the north beach. PROS & CONS Pros 1. If there is a high degree of compliance, significant levels of fish waste would be eliminated on the north and south beaches and in the Kenai River 2. A segment of the public will appreciate this hard -line approach 3. Because this alternative would probably cause many other problems, such as illegal dumping of fish waste within the Kenai, Soldotna, and Municipality of Anchorage corporate boundaries, at Kenai Peninsula Borough Solid Waste transfer stations, along the Kenai Spur, Sterling and Seward Highways, and in private business waste receptacles, it may be easier to justify a request for assistance from the State of Alaska in the future Cons 1. High operational costs, which would result in more than doubling present fees if revenues are to cover expenses 2. The Anchorage and /or other media may not portray this action in a favorable manner ALTERNATIVE FOUR (cont.) PROS & CONS (cont.) Cons 3. Representatives with the Kenai Peninsula Borough Solid Waste Department, Alaska Departments of Environmental Conservation, Fish & Game, and Natural Resources have already expressed their opposition to this alternative 4. Fishery participants camping for multiple days on the beaches will have no viable alternatives to dispose of fish waste 5. Fish waste will be deposited in the non -fish waste dumpsters located on the beaches 6. Enforcement on the Kenai River is not possible unless the City begins enforcement activities from watercraft (not included in estimate) 7. In spite of our best efforts this alternative may not be very successful 8. Creates the most conflicts with Fishery participants, which may result in less utilization of local City of Kenai businesses 9. Requires police officers to be dedicated to Fishery enforcement