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HomeMy WebLinkAbout1979-10-09 Harbor Commission SummaryN ~ . . • ~ ^ ~ ' ' ~ . KENAI HARB~R C4MMISSION REGULAR MEETING .. TUESDAY~ OCT~BER 9, 1979 AGENDA , ~ PLEDGE OF ALLEGIANCE . A. ROLL CALL AGENDA APPROVAL B. MINUTES 1. Minutes of the regular meeting of September 25, 1979 (partially completed) ~ C. CORRESPONDENCE None D. OLD BUSINESS 1. Option to lease Tract D 2. Kenai Spit Subdivision ~ 3. Merge of Harbor Airport Commission to Transportation Commission 4. Tidelands Ordinance, Phase II and III ~ KENAI HARBOR COMMISSION REGULAR MEETING TUESDAY, OCTOBER 9, 1979 A. ROLL CALL PRESENT CHESTER CONE, BOB PETERKIN, TOM WAGONER, JOHN ~ILLIAMS, EX-OFFICIO MEM~ER VINCENT 0'REILLY ABSENT BILL BURNETT, BOB TEPP, EX-OFFICIO MEMBER BETTY GLICK 1. AGENDA APPROVAL #3, Merge of Harbor Airport Commission to Transportation Commission was changed to Item #1 on the agenda. Commission so concurred. B. MINUTES - Minutes for the meeting of September 25, 1979 Chairman Peterkin explained that the minutes were only partially completed due to the fact that Janet's husband passed away and upon her return the minutes of the me~ting of September 25, 1979 would be completed and distributed. C. CORRESPONDENCE A letter was discussed that Chairman Peterkin wrote to ~ Mayor pon Gilman and there was discussion as to who copies should be distributed to. MOTION Commissioner Wagoner moved, seconded by Commissioner Ackerly that the letter be sent as written to Mayor Gilman regarding the port and harbor study. Also, a copy will be sent to Mayor 0'Reilly, City Council and the Borough Assembly. Commissioner W~illiams made a recommendation to send a copy of the letter to the Councils of Homer, Seward, Seldovia and other incorporated areas like Ninilchik with a cover letter explaining this is a letter sent to the Borough and Woodward-Clyde regarding their study. Commissioner Wagoner said it should be up to the City Council to send the letter out to other representatives. The Motion passed unanimously. KENAI HARBOR COMMISSION REGULAR MEETING ,TUESDAY, OCTOBER 9, 1979 Page 2 Ex-Officio member 0'Reilly had hoped that the consultant would expand further on the harbor. He said that nothing in the study made by Woodward-Clyde helps our Commission. He wants to instruct the Assembly persons not to accept the~plan until the Commission needs are met. Commissioner wagoner said that the head consultants would not change their opinion even based on the fact that business would be greatly increased in Kenai. Commissioner Williams said we need more from Bigelow and his report than just a basic "pacificer." He further explained how he didn't think Mr. Bigelow realizes that our harbor is third in revenue on the entire peninsula. Commissioner Cone said the freezer plants showed no interest in the plan according to Bigelow and he just can't believe it. Ex-Officio member 0'Reilly said that the assembly persons should be aware that an honest effort was made by the Commission to give further facts to Bigelow. Wanted to know where the funding came from for the Plan? Gommissioner Wagoner advised that it was the Coastal Zone, federal funds. OLD BUSINE5S 1. Merge of Harbor Airport Commission to Transportation Commission Ex-Officio member 0'Reilly agreed with Ex-Officio member Glick in that there was no air~ort commission. The Council is faced with many problems: hiring new attorney, clerk and architect on new city hall complex. He spoke to Council on the Harbor Commission and the work that had been done so they know there is activity going on even though nothing visible has been presented to the Council. He feels the best way to go would be with a transportation commission. Maybe the Commission would accept the responsibility of the airport and airport-related land. Airport-related lands and FAA lands are totally unrelated. This would be a good opportunity to split this so the trar~sportation commission would deal with airport, airport-operations, airport- related lands and the harbor. Perhaps we could handle the airport, airport-related land and the harbor. Commissioner Williams said it sounded good. KENAI HARBOR COMMISSION REGULAR MEETING TUESDAY, OCTOBER 9, 1979 Page 3 Commissioner Wagoner wanted to know if this commission, whether it was called "harbor" or "transportation" would serve under the Council or the Mayor? Ex-Officio member 0'~eilly said the commission would be appointed by the Mayor but confirmed by the CounciL. The Council would approve the concept of a transportation commission. Commissioner Williams said the Transpor~ would have to be founded by ordinance. Commission must operate under their o~vn must have their own authorit~ but under they can't. Commission must be elected the Charter would have to be amended in that. tation Con~mi s s ion He said the merits. They the charter by people and order to accomplish Ex-Officio member 0'Reilly advised that the Commission would have to remain on ~n advisory capaci~y at the present time until the Council can spend some time on this matter. At the present time the Council must make some decisions regarding new administration positions and after those matters are taken care of their full attention can be centered on the Commission. He will push for a Transportation Commission with the Council to be on an advisory level and to pick up ~he airport- related lands as well. If we become a Transportation Commission, the airport control officer could help us out. Commissioner Williams said at the present time we have the Kenai Spit Subdivision, Tract D and the Tidelands Phase II and I~ to worry about. For the next 90 days we will go about our business and see what happens at the end of that time period. Certainly within 90 days all the administration pro~~ems should be worked out. Perhaps in another 2 or 3 meetings we cauld come up with ideas on a Transportation Commission. Suggest that Jim Swalley be present at those meetings. 2. Option to Lease Tract D Chairman Peterkin advised that Mr. Roper was present to inform the Commission as to his progress. Mr. Roper wants to come up with a small dock on Tract B. He needed more land and was able to obtain Tract D a1so. He wanted to make a 900 foot boat harbor, however, EPA cut it down to 700 feet. EPA put the permit in abeyance. KENAI HARBOR COMMISSION REGUZAR MEETING TUESDAY, OCTOBER 9, 1979 Page 4 He made it longer so it takes all of Tracts B& C for 200 to 300 boats. Is having problems at present and is in the process of resolving his partnership. The permit for dock and boat harbor will be picked up tomorrow for Tracts D& C. He sees a need for expansion and will only have slips for approximately 150 boats, (as the engineering firm drew it up) therefore the need for Tract D. He wants all the tracts signed into one ~ease. He said he received a letter for the Corps of Engineers and enclosed was supposed to be a copy of Fish and Wildlife conditions. However, n~thing was enclosed and upon calling the Corps of Engineers he was assured that it had been mailed. When no copy came he again called the Corps of Engineers and he will pick up another copy tomorrow. He checked with Alaska Renewable Resources Corporation for funding and received a letter that was passed out to the Commission. So far the legislation had not allocated funds but the corporation would let Mr. Roper know when they became available. A Mr. Hubbard called Mayor 0'Reilly to obtain a financial consultant firm down here to look into this matter and see if this would go. Mr. Roper said there was no question that it would go. Commissioner Williams asked Roper if he hadn't already made a study this past summer. Mr. Roper advised that he had and in contacting 150 people only 2 people said no. Mr. Roper advised that he could put up the entire facility for 1/10 of the cost of what an engineering firm would construct it for using materials available in Kenai or nearby. He could do the entire plan for $300,000. Mr. Roper showed the Commission his plan. Told how the layout would be with sheet piling dock and fuel tank. If he could obtain Trac~ D he would expand with additonal slips and ano~her sheet pile dock. If he had facilities for chemicals, boats could come directly to Kenai. Commissioner Williams said the corporation would have to be resolved first. It was advised that the lease was signed but the Council did not approve it. The Kenai Harbor Development Corporation still exists and is a registered corporation in Alaska. Commissioner Ack~rly said until every~hing is settled, we should back off on Tract D. Chairman Peterkin asked Attorney Schlereth what our legal position is and if we could deal with Roper direct or if we should retract and wait until it is s~ttled? Attorney Schlereth KENAI HARBOR COMMI~SION REGULAR MEETING TUESDAY, OCTOBER 9, 1979 advised that we should no~ hold this problem. He suggested that recognize the corporation as an with. Page 5 up the land because of the Harbor Commission entity to be dealt Chairman Peterkin advised that if we stopp~d Rop~r from leasing Tract D we would have to readvertise the tract as available. He sugg~sted it be tabled to the Kenai Harbor Development Corporation. Commissioner Williams suggested that if we drew up an op~ion to Kenai Harbor Development Corporation we can change our minds to lease to them and table to lease to Roper as a viable application. We can write a letter to Kenai Harbor Development Corporation stating after discussion we have decided not to exercise the optio~ and not to seek a lease option betweer~ us and Kenai Harbor Development Corporation. Mr. Roper jus~ wanted to go ahead with the Kenai Harbor Development Corporation but the Commission disagreed. Commmissioner Wagoner made a motion to table this until such time as settlement is made of ownership and control of the Kenai Harbor Development Corporation and at that time that corporation come before us. Chairma~ Peterkin said we must set a time limit and wanted Attorney Schlereth to research what our avenues are on this. Should be researched by the Commission and the attorr~ey as to where we stand legal~ly. Chairman Peterkin ask~d if we are to deal with the Commission~who must deal as sole proprietor? Attorney Schlereth advised that Tract D was in the name of Roper. At a meeting the questior~ arose as to who we are dealing with-Roper or the Kenai Harbo~ Development Corporation? Former City Manager Wise said all that was required was a letter from the corporation on Roper's lease. Commissioner Williams said this letter is binding until the corporation is resolved and then and only then can we deal with Roper as an individual to lease the lot. At this time the Kenai Harbor Development Corporation is liable on the propert~. KENAI HARBOR COMMISSION REGULAR MEETING TUESDAY, OCTOBER 9, 1979 Page 6 Commissioner Williams stated that Tra~ts B& C could be developed now since the permi~ and financing on Tract D are still in the future anyway. Chairman Peterkin asked Mr. Roper if he obtain~d ins~ranc~ on Tra~~s B& C and he advised that he had and would have a copy of the insurance dropp~d off. Commissioner Williams made a mation to table any further action concerning leasing of Tract D to either the Kenai Harbor Development Corporatio~ or R. L. Roper until such time as the City is ass~red that Kenai Harbor Development Corporation no longer exists under the laws of the State of Alaska. Motion was defeated. Commissioner Ackerly moved, seconded by Commissioner ~illiams to table leasing of Tract D until the next meeting. Chairman Peterkin instructed Attorney Schlereth to research the minutes and instruct the Commission legally where the Commission stands as far as who we are dealing with-Rop~r as an individual or the Kenai Harbor Development Corporation. 3. Kenai Spit Subdivision At the Planning & Zoning Commission, Attorney Schlereth said that the surveyor had b~en out to this property and surv~yed it. If his work was not accepted within a certain period of time a new survey would have to be done. The surveyor had said it'd b~ a waste of money if this one wasn't accepted by the Planning & Zoning Commission. It could always be changed later. The Commission was going to table it but one member disagreed and said it should be taken care of at that meeting and not held up any further so it was passed as a p1a~ to b~ recorded. Attorney Schlereth said the City Engineer Nelson was supposed to check out the building the morning of the Harbor Commission meeting to det~rmine if it was, in fact, within the line. City Engineer Nelson called the surveyor who informed him that when he was out doing the surv~y on the entire p1ot, he thought the building was within 15' of the line but with the new accepted plat the line is no longer there and all that remains is the e~tire plat. If the lease is acceptable to the Harbor Commission and the City Council for Sea Catch to have that part in the lease, then it would b~ within the boundary. KENAI HARBOR COMMISSION REGULAR MEETING TUE5D~Y, OCTOBER 9, 19?9 Page 7 Chairman Peterkin asked if the fact sheet had been prepared by administration listing wh~t had been done up to the present on the Lease application. Attorney Schlereth advised that it was not done yet. Chairman Peterkin also asked what Planning & Zoning would do on the plat and the lease now. Attorney Schlereth said that nothing further would be done on the plat as it was accepted, however, the lease would have to go through Planning and Zoning and then this Commission. Sea Catch made an application under airport lands which gives them six months to get approval on it. Chairman Pe~erkin can't understand why the Planning & Zoning Commission even got involved with the application at all. Commissioner Wago~er said the application should be taken care of with our new lease we are working on. Chairman Peterkin advised that only the ordina~ce side of it is completed at the present. Attorney Schlereth said that when an applic~tion comes through the Harbor Commission, we don't have to recommend it until certain conditions are met. We are at a stage where we don't have an ordinance and th~ commissions are overlapping. Attorney 5chlereth advised that this application should be handled through the Harbor Commission. Chairman Peterkin asked that Administration work on a fact sheet relative to the lease application. He also asked that 5ea Catch be contacted to po~sibly attend the next meeting on October 23. 4. Tidelands Ordinance, Phase II, Third Draft Attorney Schlereth advised that he incorporated the public hearing section. Steps involved when someone is interested in leasing tidelands are: (1) Harbor Commission designates certain area where it is available for leasing purposes; (2) Harbor Commission will advertise and list the closing date of applications; (3} applications filed with $10 filing fee (4) notice of application is published, Council makes final determination as to whether it will accept the recommendation of the Ha~bor Commission. This method was set up because of the few spaces available on the harbor as compared to the airport lands. KENAI HARBOR COMMI5SION REGULAR MEETING TUESDAY, OCTOBER 9, 1979 Page 8 Attorney 5chlereth advised that the Use Charges section is the most difficult section to write. He cut it down and left it wide open. He checked with other municipaliti~s but found no other way to write this section. Chairman Peterkin questioned if th~ section was worded strong-l-y enough so that the Commission could come back in and s~t the fees later. Attorney Schl~r~th advised that the ordinance sets the authority so that we can write a leas~. Commmissioner Wagoner referr~d to Section 11.20.050 Applications and reques~ed the following chang~: #8 should read "a performance bond of 5% of the proposed project's estimated cost not to exceed a maxim~m of $50,000 for each individual projec~." There was discussion on Section 11.20.080 Public Notice- Public Hearing regarding appli~ant bearing the cost of advertising since he pays a fe~ of $100. Attorney Schlereth said that in discussion at the last meeting it was decided to reduc~ th~ fee from $100 to $10. It was decided to again cha~ge the fee from $10 to $100 and we will pay for the advertising. We are to delete the advertisin~ section. Attorney Schlereth spol~e on the Use Charge section and suggested that we add an arbitration clause to this ordinance. This Commission would not have to be involved. Ea~h party will select an arbitrator and the two arbitrators would select a third arbitrator. Chairman Peterkin advised that it was ok to write an arbitration clause in. Regarding the Leas~ of Harbor and Tidelands,question was raised by Chairman Peterkin as to why there was a s~ction dealing with Aircraft Operations. Attorney Schlereth advised that it was left in because h~ was thinking of the future. Perhaps a 100 story building would be built thereforethe need for this section. Commission so agr~ed. Attorney Schlereth advised that this lease is only a draft lease and that it will be written to suit each individual. Chairman Peterkin wants the three documents: Ordinance, lease and application to go before Council on the 17th of October as amended. KENAI HAR~OR COMMISSION REGULAR MEETING TUESDAY, OCTOBER 9, 1979 Page 9 Chairman Peterkin suggest~d that I draft a letter to Janet Whelan expressing the Commission's co~dol~nces. There b~ing no fur~;her business the meeti~g adjourned at 10:15 p.m. Respectfully submitted, ~ Mary nn Dore