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Home My WebLink About1979-08-14 Harbor Commission Summary. ~ . ~ " w ; ..__ ;~,is ; t REGULAR MEETING TUESDAY, AUGUST 14, 1979 AT 7:00 PM,. KENAI PUBLIC SAFETY BUILDING CNAIRMAN PRO TEMP~RE g0B PETERKiN PRESIDING ~ ..~ . . ROLL CALL , - 1 Agenda approval MINUTES OLD BUSINESS 1 Prepare Section I-o~f Tidejands Ordinance for Council Z Discussion of Section II, leasing of Tidelands ., I r.~ ~~`°~ KENAI HARBOR COMN~ISSI4N REGULAR MEETING TUESDAY, AUGUST 14, 1979 CHAIRMAN PRO TEMPORE BOB PETERKIN, PRESIDING A. ROLL CALL Present - CHESTER CONE, JQHN WILLIAMS, 60B PETERKI,1~~ BOB TE~P Absent - TOM ACKERLY, BILL gURNETT, TOM WAGONER; EX-QFFICI~ MEI~BERS BETTY GLICK AND MAY~R VINCE 0'REILLY 1. Chairman Pro Tempore ~eterkin requested Attorney Sci~lereth to make up a letter of dismissal for cornmission members who ~ave been absent for three consecutive meetings. He a1sp ~^equested tf~e Administrative Assistant to compi1e a list of those who attended the 1ast six meetings. 2, Agenda Approval The agenda was app~^o~ed as presented, B. MINUTES l. The minutes were approved as written. C. OLD BUSINESS 1. Chairman prQ tempo~^e Bob Peterkin introduced phase I of the tide- lands ordinance tp be ~reviewed wit~ City Attorney Schlereth. The re^ commended final draft will be presented to the City Counci1 August 15, 191 9, ~ Cor~m~~sioner Williams questioned the subdivision plat approved ~n A~^tic~e II, Section 2. The plat was drawn up about 1968, and issued in 197.7~ Will plat`k~e updated? City Attorney Schlereth repl~ed that it probably would not be. Commissioner Will~ams stated his main concern is that the plat is correct. Cha7rman Pro Tempore ~ete~ki~n noted that the State Statute i nd i cated the pl at i s correct. Commi ss i One~^ W~ l l~~r~s remarked that the new leases are not on the plat. Atto~^ney Schlereth answered that at least the p1 at ~ s accurate ~^e~a~ding 1 ar~d l o~~tion, C~airman P~o Tempore Peterkin suggested the City Manager have the plat updated. A11 commissioners agreed. Commissioner Williams noted Article II, Section 7, the deposit was listed incorrectly. The correct amount should be $.01516 per sq. ft. He also suggested on Article II, Section 8c that hearing costs be increased to $100, to be in line with city applications fees. Attorney Schlereth will check on this and change it. Commissioner Tepp questioned the right of waiver on a class I preference riqht, mineral rights, upland permit hol~~r and survey procedures. There was a recess to enable Attorney ~chlereth to bring the plat to the commission. C1ass I, II, & III Preference Rights - Class I waives all rights of the City and State prior to enactment of PL 85-303. Class II does not waive all ri~hts. Class II must stand the cost of a survey, C~~~ss I {~ ~ `, ~~ KENAI HARBOR COMMISSION REGULAR MEETING TUESDAY, AUGUST 14,-1919 CHAIRMAN PRO TEMPORE BOB PETERKIN, PRESIDING Pag e 2 does not as plat has designated cla~m. Class III must pay costs of app- raisal, transfer, survey, and fair market value. Article I, Genera1, ~gg) - Up1and ~ermit Ho1der descr~iption has been deleted per Attorney Schlereth.. Survey Procedures - Commissioner Tepp noted they have been deleted from phase I. Attorney Schlereth will add to phase I, artic1e II as section 6e1. Commissioner Cone noted that article II, section 15 states the commission has the power of final decision in disputed claims. At the commission's request, Attorney Schlereth wi11 change this sec,tion to designate the City Council to make final decision on disputes. Commission will be a~vi sory only. Chairman Pro Tempore Peterkin asked Commissioner Tepp to define the diff- erence between floating wharf, pilings, dolphins, and f1oats in article I, general, (p); and how does this differ from those individuals listed in article I, general,~v) who are not occupants. Commissioner Tepp ex- plained that those items attached to shore or~of a permanent nature are improvements. Attorney Schlereth then explained the method used in preparation of the ordinance. State Statute 35~5.20 and Public Law 85.303 were used. Various cities throughout the State of Alaska submitted copies of their ordinances for referral. The two year delay before final transfer of deed makes it important that the ordinance be completed as soon as possible. At the request of Commi ss i oner Wi 11 i ams , Atto~^ney Schl e~reth def i ned the difference between pierhead line and director"s line. P~erhead ~ine, as defined by the U.S.Dept. of Engineers, is the outermost point a~t the furthest existing pier as of 1~57! Director"s 1ine, as de~ined by the Director of Lands, State of Alaska, is the line seaward of all tide a~nd submerged lands suitable for occupation and development ~ithout unreas~ onable interference with navigation! Dept. of Engineers has never es^ tab1 i shed i erhead 1 i ne. It i s doubt~'u1 i f they wi 11 ever take acti on p . . . • because of the constant river changes. Commiss~oner Tepp su~gested p~er- he~d line be defined in o~dinance, commissioners agreed~ Chairman Pro Tem ore Peterkin requested article I, genera1, ~.~~ ~ mQre complete def~~ P , . . i n i ti on of ~^ecre~ti on use. Atto~^ney~ Schl ereth wi 11 ~^ese~rch th~ s. . Commissioner Williams requested a list of procedures be prepared in re- view of preferential rights c1aims. Attorney Shclereth will add this to the ordinance. ~ Commissioner Williams explained the d~f~'erence between ~u~tcl~im deed and warranty deed. A quitclaim is used by the City and just releases the Cit,y of any claims on a deed. A warranty deed states a11 claims are released. Commissioner Williams requested the City update the plat at the end of the two year waitin~ period for preferential rights claims. The Commission agreed. i,'~1 KENAI HARBOR COMMISSION REGULAR MEETING ~ TUESDAY, AUGUST 14, 1979 ~, CHAIRMAN PRO TEMPORE 60B PETERKIN, PRESIDING Page 3 As requested earl~ier by Commissioner Tepp, mineral rights were discussed. Mineral righ~ts were relea~sed by the federal government to the State, but the State has not released those rights to the City. The only mineral rights owned by landowners are those of homesteaders prior to 1958. At Attorney Schlereth's sug~estion mineral rights will be del~eted from the ordinance. ~ MOTION Commissioner Cone moved, seconded by Commissioner Williams that ordinance 455-78 with corrections be submitted to council at their August 15, 1979 meeting. Passed unanimously by roll call vote. Chairman Pro Tempore Peterkin requested the next meetin~g to be Tuesday, August 28, 1979 at 7:00 at the Public Safety Building to discuss phase II. Kenai~ Harbor Development application was discussed by the Commission. Commissioner Cone stated the application was being considered before work on the ordinance was begun. Chairman Pro Tempore Peterkin reminded them that earlier leases were on a first come-first served basis, and prece- dent was established. He also suggested the twelve month option offered to them earlier should give them the ability to get financing. Attorney Schlereth stated the twelve month option was started, but they were un~ able to agree on the terms. Chairman Pro Tempore Peterkin requested a 12 to 18 month performance lease be made up. Commissioner Cone added that it be done as soon a.s possible, and have the Council pass on it. MOTION Commissioner Williams moved, seconded by Commissioner Cone to rescind his former motion concerning non-accept~nce of further business by this Com- mission, Passed unanimously by roll call vote. MOTION Commissioner Williams mo~red, seconded b,y Commissione~^ Cone, ta accept no further business until such time as the t~delands ordinance, phase I and II are complete, except for the app1ication for a ~ease by Keq~i Harbor Development Corporation. Passed unanimous1y by r~11 ca~1 vote. Attorney Schlereth wil1 reopen negotiations with Kenai Harbor Deve]opment Corporation on the twe1ve month option. He wi11 br~ing back the document at the commission meet~ng of August 28, 1979~ C~mmissioner Wil1iams suggested that we chan~e phase II and III ~f t~e tidelands ordinance to be addendum to ordinance 455-78 in~tead of g~v~ in those ortions new ordinance numbers. The com~~ssion agreed,~ 9 p w Y j~F i KENAI HARBOR COMMISSION REGULAR MEETING TUESDAY, AUGUST 14, 1979 CHAIRMAN PRO TEMPORE BOB PETERKIN, PR~SIDTNG Page 4 Chairman Pro Tempore Peterkin instructed the commission to review the tidelands ordinances of other communities, the State Statutes, and other informational material in their packets for use in reviewing phase II at the next meeting. M~eting adjourned at 11:30 PM, Janet Whe1an Administrative Assistant