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HomeMy WebLinkAbout1980-08-19 Harbor Commission SummaryKENAI HARBOR COMM!SS!ON P.O. BOX 580 KENAI, ALASKA 99611 AGENDA-- AUGUST 19, 1980 REGULAR HARBOR COMMISSION MEETING: August 19, 1980 - 7:00 p.m. at the PubliC Safety Building, Kenai HARBOR COMMISSION MEMBERS: Mr. Mr. Mr. Mr. Mr. Mr. Robert Peterkin, Chairman John Williams, Vice-Chairman Tom Ackerly Tom Wagoner W. M. Burnett Ron Issacs Mr. Marvin Dramseth EX-OFFICIO MEMBERS: Mrs.. Betty Glick, Councilwoman Mr. Vince O'Reilly, Mayor A-G-E-N-D-A 1. Call to Order 2. Roll Call 3. Approval of Minutes, July 29, 1980 4. Introduction of Guests (a) refe~_ence~.Ri§hts ADDlicati°n for Tidelands &'Submerqed ity Attorney', Ben D~lahay ~ Waldo & Ruby Co~le Lands Markmo ~ ~Stephens-&4~" ~ (J ,-~-~R°gerc)~.~;Maggard, ~.~ i-~.~ of Community P1 ann i ng/OCM Grant Consulting Engineers 5. Communications (a) (b) Ak. Assoc. of Harbormasters & Port Administrators, COE Ilic. August 19, 1980 Harbor Commission Agenda - Page 2 6. Reports Gary Davis (a) Natural Gas Task Force meeting in Anch, Aug. 7:1980 (b) Aerial Photography/Photo Album (c) EDA - TA Grant (d) Harbor Commission/Council Worksession,.-,Aug. 11, 1980 (e) 1974 State Bond Monies (f) ¢5) Engineering Proposals/RFP' s 7. Old Business Improvement ,-,~,,~""a, os 8. New Business 9. Persons Present Not Scheduled to be Heard 10. Adjourn Kenai Advisory Harbor Commi ssi on Regular Meeting, August 19, 1980 Kenai Public Safety Building Robert Peterkin, Chairman 1. CALL TO ORDER Ch~airman Peterkin called the meeting to order at 7'20 p.m. 2. ROLL CALL Present' Chairman Robert Peterkin, Vice-Chairman John Williams, .Commissioner Tom Wagoner, Commissioner Ron Issacs. Commissioner Dragseth arrived at 7-35. Absent' Commissioner'Tom Ackerly and Commissioner W.M. Burnett. Others' Ex-Officio member Betty Glick, Gary Davis, Ben Delahay, Charles Brown and Mrs. Brown, Hugh Malone, Waldo and Ruby Coyle, Mark Stephens, Phil Waring, and Bernie Huss. 3. APPROVAL OF MINUTES The minutes of July 29, 1980 were approved as read. 4. INTRODUCTION OF GUESTS a. Preference Rights Application for TidelandS and Submerged Lands (.Wal do and Ruby Coyl e) City Attorney Ben Delahay stated the memo from Keith Kornelis approves 'and recommends approval of the change of scale on~ the plat from what is set in i;he Ordinance The Ordinance states 1" = 100' 1" = 20' or I" : 40'. There is no particular reason for these requirements The scale of 1" = 50' is clearer and gives more 'detail than 1" = 1~0'. The Commission can give suggestions to the apPlicant before it is approved 'so the final plat won't have to be changed. We have before the Commission the verified application of Coyle's which is sufficient evidence that the applicants did use the property before 1957, The application goes 200' out into the River. The Ordinance states what will be given to them is what has been used, occupied or developed, with such additional lands as are reasonable and necessa.ry for the use of the occupied lands. Mr. Malone had given Mr. Delahay plats showing discreptions granted by the State. Mr. Delahay noted the Ordinance is in disagreement with the grants made by the State. The Ordinance by the City is almost word for word out .of the State's. What is reasonable and necessary is something that the City co6'ncil will decide. Something more than mere convience is required. -1- Kenai Advisory Harbor Commission August 19, 1980. Chairman Peterkin questioned if this would involve the 50' R.O.W. being this is a navigable waterway? Mr, Del ahay answered not that he knew of. He added that he hadn't looked into it, but he didn't think that it would apply. Mr. Hugh Malone commented that the easement, if it applied, would have to show on the plat. Th~ easement is a separate action, preference right is separate. Commissioner Williams noted there is a difference of 5~ on the meander 1 ines. Mr. Malone answered.that he didn't have the calculations with him. The 200' distance was arbitrary. The amount o~ land is what the applicant feels is reasonable. Mr. Delahay explained the survey on the Coyle application is a continuation' of their upland lot line. The idea of making it per- pendicular is, if you have a neighbor, he won't be on the land you claim. Commissioner Williams asked how the 200' figure was arrived at as a reasonable amount? Mr. Coyle referred to Public Law 85-303. He mentioned that the pierhead line has never been established by the COE. Mrs. Coyle added the grants made to the canneries, under Tidelands Preference, were 150' to 250'. They figured 200~ would be reasonable. Commissioner Williams asked how wi.de the River is at that point, and would it interfere with navigation? Mr. Coyle answered that it was roughly 1/4 mile, and the COE'wouldn't let them block navigation. Commissioner Williams asked if the Coyle's needed 200~' to maneuver the boat into the dOck? Mr. Coyle answered that this would include the dOck, Commissioner Williams asked if historically the Coyle~s have used 200~? Mr. Coyle answered yes, since 1957. There was general discussion on the property lines of the plat, -2- Kenai Advisory Harbor Commission August 19, 1980 Chai'rman' Peterkin asked', if. the .City was satisfied with the documentation Of the proof prior to September 7, 1'957. Mr. Delahay stated the City has no objection, the Coyle's have verified their statement and no one here is contesting it. He added that it was not necessary to make a recommendation to the Council, only if there is an appeal, This is.a Harbor Commission action and then goes back to submit a final plat. .After the final plat i.s Submitted, if there is no contest and no appeal by the Coyles or the City, it's just granted, the City Clerk makes up a deed and it is i~ssued. MOTION Commissioner Williams moved to grant the request for waiver of scale for the prelimi.nary and final plats to accept change.,.of'the scale from 100' to the inch, to 50' to the inch. The motion was passed by unanimous consent. MOTION Commissioner Wagoner moved that the Chairman of the Harbor Commission send a letter to the Coyles that they should proceed with the final plat in ..... ~- ~, inance ~MC 11.15. ~~, ~,,ce wi~ Ord. Commissioner ~'ill'ia. ms seconded the .motion, there was a .roll call vote; the motion carried unanimously. Commissioner Will.i"ams stated the City Attorney has indicated that there have been no challenges towards, their preference rights. Mr. Delahay explained that before Preference Rights come before the Harbor Commission for final hearing, the City Clerk will advertise. Something may come up bUt at the present time, no contest. Only persons who have applied for preference rights that this would interfere with, can object. Chairman Peterkin addressed the Coyle's stating that he would send a letter out the next day, and they may. proceed with their final pleat, and further with the posting wi'th the City Clerk in accordance with the Ordinance. b. Mark StePhens & Roger Magga'rd, Division of Community Planning/OCM Grant -moved to #6 Reports. 4. c. Consulting Engineers - none present Kenai Advisory Harbor Commission August 19, 1980 5. COMMUNICATIONS a. COE Chairman Peterkin reported that Captain Reynolds called and North. Pacific Division has made their recommendation for further studies. The small boat harbor project has been approved for detailed project report. We may be funded OctOber 1, 6. REPORTS Gary Davis introduced Mr; Mark Stephens, Seni.or Planne~, Division of Community Planning. Mr, Davis explained that he and Mr, Stephens had been working with the OCM grant. Mr, Davis referred to his memo in the packet explaining the negotiations that he had with Mr. Stephens in determining the figures of the grant, and the letter to Larry. Kimball. Mr. Davis stated they came'to an agreement on~.the amounts in the grant. The contract is with the Kenai Peninsula Borough and 'the DiVision of Planning. Mr. Davis added Mr Phil Waring is here from the Borough, and the City will need to subcontract the inclusions in that grant from the Borough. It appears that since the Harbor Commission and the City' Council recommended that they solicit consultant contracts to support these services there be another contract for portions of these funds to go to a cons'ultant, Mr. Stephens reported his agency's mission is to provide assistance to local government in land use planning and management. He stated the State is responsible for generalized guidelines. Local government is responsible for developing specific programs for how they will manage coastal resources.. The unit that prevails here is the Borough. The Borough is responsible for developing~their Coastal .Development Program. He added the small boat harbor would undoubtedly have to get a COE dredge fill permit to deal with wetlands. Mr. Stephens explained that they have attempted to lay out in draft form a grant contract which would be the Vehicle for financial assistance that would provide staff and. administrative support to the Harbor Commission to deal with different issues and problems. The matching ratio is 4'1. This is a Federal requirement. There was some discussion on t'he draft contract. Mr. Stephens stated that he understood we were looking at a contractual basis, he would prefer a competitive arrangement. -4- Kenai Advisory Harbor Commission September 3, 1980 Mr. Waring commented that after we are provided 'with a contract award from the State, it will have to go in front of the Borough Assembly in the form of an .Ordinance. This will throw back the time frame schedule about one month. Mr. Stephens reported the funds they have currently are good~ through the State fiscal year. He had every reason to believe that they wi~ll expect the same federal funding for the next 4 - 5 years. He added Finance wi 11 bi 11 them for expenses. Gary Davis stated the intent of the 1/2 million is to select an engineer- ing firm and to assist them at the local level and coordinate with the Borough, and work with the Wetlands and Areas Meriting Special Attention. There were suggest~i'ons ~on changes in the contract. Commissioner Wagoner suggested the contract needed to be gone through and edited. Commissioner Williams recommended that the discussion be moved to the Administrative Coordinator's office in the morning. Mr, Davis recommended that City Administration work with Mr. Stephens. Ak. Assoc. of Harbormasters & Port Administrators Mr. Davis reported the Ak. Assoc' of Harbormasters & Port Administrators annual meeting will be in Wrangell in 1980. He added he would find out what date itwill be held. Selection Criteria - Engineering Consultants for Ha~bo? Des~.gn/Study Mr. DaVis distributed a form for selecting engineering consultants for the harbor design & study. (Copy attached~to-minutesl.) Commissioner Williams suggested eliminating Dagma? because whomever has the contract will work with Dagmar, Dagmar a~e not ha~rbor Dui'Iders, The Commissioner's eliminated Dagmar from the list, Gary Davis commented that Parametrix, H.A. Simons and Swan Wooster do not have Alaska offices. He added that H..A. Simons delt with timber in the Northwest. Commissioner Williams recommended eliminating H. S. Simons. Mr. Davis reported Peratrovich & Nottingham, Inc. has strong Kenai River experience. CH2M Hill has some Kenai River experience, they are just completing the sewer outfall in relationShip with the Sewer Treatment Plant. -5- Kenai Advisory Ma?bo'? Co~i.'s.st'on · ',August 19., ! 980 The Commtss!.on .~eytewed p~,opos~! s, '. · Commi'ss. ione.~ .W.?l I i, ams. -1~eque. sted w~th.'L_.thLe '.concurrence of the Commi ss ion to d.~op 'Pa~ametr?x, ~nc, 'and [~, A, S!mons.' Commissioner Williams commented Dames & Moore have done a book on dredging, and they did the study on 'the dredging in Dillingham. Mr. Davis added Dames & Moore did the soils engineering on the bridge crossing. Commissioner Wagoner questioned CH2M ~ill's Kenai River eXperience, Mr. Davis commented CHuM Hill would have had to'.study the flow' of the River and siltation Zproblems. He added that CH2M Hill Was. highly recommended by Steve L indstrom of 'PNWA. Commissioner-Wagoner reminded the Commission that we are looking for someone with new concepts and new' ideas., a fr'esh aspect. Commissioner Dragseth stated .he personally was not impressed with R & M at Columbia Ward. Chairman Peterkin thought we should discuss i't with a representative of R&M. Commissioner Wagoner commented we'.are giving the engineers a grade for past experience ~and they may be past failures. Mr, Davis suggested putting failures in the Miscellaneous column. EMPS/S&P was eliminated, partly because of a lack of Kenai River and Cook Inlet experience. MOTION Commissione,r Wagone)~ moved that the Kena~" Half,or 'commiss~?on narrow- t[~e engineering firths down to; _ 1. TAMS 2. UNA/DMJM 3, CHuM Hill 4, Da~es and Moore 5, R&M/P&N Commissione~Williams seconded the moti'on, there wasa .roll call vote; the motion cart'!ed unanimously, Councilwoman Betty Gl ick agreed to report the results to the City'. Council on the August 20, 1980 meeting. -,6= Kenai AdVisory Harbor Commission August 19, 198.0 6. f. Gary Davis reported there is no standard format for RFP's. He stated he would like to see an artist~s concept. Commissioner Williams Commented ~e should have completed proposals. He suggested writing something to the effect of "Here is a copy of things we want, what are your proposals as far as completing each item. Gary Davis indicated we should also ask for costs per each item. The COE will come up with cost/benefit and feas~-~bil~ty with their study. Commissioner Williams proposed the company should indicate !t:'s willingness to work. with the COE in the p~oject and list the areas in whi'ch they haYe worked wi'th the COE, Chairman Peterkin suggested adding 300, 30' to 50' commercial slips, 200, 20' to 25' .recreati.onal slips, 80~ to 85' transit, .travel lift, grid up to 10.0~'~ capable of unloading fish with lift. He added, when the boat harbor is built, it will be filled, we shoul.d be looking at additional storage to stock them. Gary Davis commented that the engineeri~ng, has been done to obtain sewer and water from Walker to Beaver Loop. ~t wi'll need to be put in from the Highway to the facility. Chairman Peterk.i'n noted that not one harbor in Alaska ~'s able to meet the new' Coast Guard bilge oil fac~.lity ~equ!~ements, Mr. Davis mentioned in the RFP that they become 'familiar with the Kenai Compreben$,~¥e .... Plan_~as it applies to harbors and port facilities, Chairman Peterkin suggested the proposals be in on the 22nd or 23rd, which would give everyone time to review them, We should ask for 12 copies of the final proposal, It was agreed to schedule a meeting on the 27th for representatives to give their proposals. Council could be notified at the Octobe~ 1, 1980 meeting of the firm of our d~oice.. Commissioner Williams suggested wording the RFP to read ~'-a concept simila~ to Dagma~ Marinas:" Mr. Brighton indicated the Commission may want to invite Councilmembers who are free to sit in at the presentations. 6. a. Gary Davis reported that there is a copy of the testimony for th~ Natural Gas Task ~orce meeting in An.chorage, _held,,~ugust 7, included in the packet, b. Gary Davis reported that Will Thompson came in that day and delivered color ?oofs, He stated he would like to place an order in next week. -7- Kenai Advisory Harbor Commission August 19, 1980 Chairman Peterkin asked if it had been established how much the Harbor Commission could spend without going to City Council first. Commissioner Williams answered if we go through Mr. Brighton we can spend $1,000.00. 6. c. Mr. Davis reported on the EDA grant, He stated he hoped we could get some technical assistance monies and su.bmit to the ODPA office. He commented that he would l i'ke to discuss some of the detai 1 s wi th Mayor O' Rei 1 ly. 6 .... d. Mr. Davis reported the Harbor Commission/Council work session proved very beneficial. There has been a lack of indepth reporting to the Council on what the Commission is doing. Councilwoman Betty Glick indicated it is- necessary the Council receive copies of the minutes. Mr. Brighton reported the request has been ~made and Council will recei've copies of the minutes. 6. e. Regarding the 1974 State Bond Monies, Mr. Da¥is reported the money is there. He will need to write a. memo stating w-hat the law says and what needs to be done. There was. some discussion on a useful project for the harbor. The next scheduled meeting will be September ~, followed Dy a work session September 27, followed by a scheduled meeting, September 30. 10. ADJOURN With no further business, the meeting adjourned at 11'50 p,m, Ro be r~~e t e r k i n ,'~,?c~-a~i rman Kenai A~vi sory Harbor Con, hi ssion Respectfu 1 ly submitted, (Mrs.) Kim Howard Administrative Assistant -8-