HomeMy WebLinkAbout1981-12-01 Harbor Commission Summary°~ KENAI ADVISORY HARBOR COI~ISSION
Regular Meeting, December 1, 1981
Kenai City Hall
Robert Peterkin, Chairman
.A,GENDA
A. Call to Order
B. Roll Call
C. Oath of Office
D. Agenda Approval
E, Approval of rlinutes, November 25, 1981
F. Guest Speakers
G. Communications
1. Bob Roper/Gary Davis
~
H. Reports
l. Mayor's report
I. Qld~ Business
1. Discussion of Cap ital Improvements
J. New Business
K, Persons Present Not Scheduled to be Heard
L. Adj ournrnent
_}
~~
~
. * ~~,~..~.,.,~ ~`_ ~.
7 ~::
e ~~.. .~~
KENAI ADVISORY HARBOR CONIl~ZI S S ION
Minutes of December la 1981
Kenai City Hall
Robert Peterkin, Chairman
A. CALL TO OR.DER
T~eeting called to order at 7:21 p.m.
B. ROLL CALL
Present: Robert Peterkin, John Williams, Tom Thompson, Leon
Quesnel, and Tom Wagoner
Absent: Paul Weller
Others: G~,ry Davis
C. OATH 0~ OFFICE
The Oath o~ Of~ice was conducted with Tom Thom~son and Leon
Quesnel, new members of the Commission
,
D . I~GENDA AP PROVAL
Agenda approved w~th no coxrections or additions
~ E. APPROVAL 0~ ~ZINUTES
The minutes were approved as submitted
F. GUEST SPEAKER,S
None
G. COMMUNICATTONS
l. Discussion o~ proposal_of Bob Roper: Gary DaVis
Mr. Bob Roper is proposing to sell his leases of tracts B and C
to the City of Kenai for $175,000 and elaborated on the letter
given to the Commission.
Nir. Davis stated that the tir~posal is '~plain and to the point,
but apparently some of the press has got it twisted around a
little bit, '~t's th~ ~same'.~,~ituation, ~.e~ s of f ering to sell back
his l~ases of tract B and C for $175,000, but the press seemed
indicate in the last couple days that it was, he was wantin~ to
~~ buy the leases. Chaixman Eeterkin asked ~r. Davis to cl~rify
~ Kenai Adviso ry Harbor Commission Page 2
Regular Meeting, December l, 1981
the statement, asked if Mr. Roper was wanting to buy the leases,
Mx. Davis said, "buy~ the land'~. Chairman ~eterkin asked Mr. Davis,
"he didn't of~er to buy the land from the City". Mr. Davis said,
"apparently i,n di,scussions with Mr. Brightvn, there wasn't anything
in, T wasnit involved wi,th that and T tried to do some research
vn it today since there had been some questions asked of ine regarding
that, so apparently it was just a discuss~on with Mr. B~ighton where
he o~fered to buy the leases to tract B is what he wanted, but
reading the minutes of the City:Council meeting Mr. Brighton indicated
that he also discussed buying tract C also, buying the land.
But Mr. Roper indicated tQ me today that that is not the case.
He only o~fered to bu~r txact V, howe~rer, in the letter from me
that rea~on "A'~ where it indicates the prime reason for the submission
of the proposal, that~s the proposal to se11 the leases back to the
City for $175,000, it says, 'due to the response received from the
C~.ty regardi,ng his request to buy the land included in his leases'.
He offered to buy tract B for $30,OOQ or $40,000 around there
from what he told me".
Chairman Peterkin ex~la~ned, for the new members, some of the
background pertaining to this sale. Mr. Peterkin pointed out the
locat~.on of the two tracts in question from a map on the Chamber
wall. Section A had been g~,Ven to the City~ b~ the B.L.M, for
public use and at the present time there is a public boat ramp,there.
Tract B and C were leased to Mr. Ro~er for 99 years and T~r. Roper
has acquired a Corp o£ Engineers permit to construct a basin and
a bulkhead to unload boats and build a warehouse. There has been
two previous ~roposals to the City ~rom Mr, Roper, however, they
wexe nQt accepted. Tn that these two sections are the onl~ sites
~easible ~or a~mall boat harbor which has been under consideration
by the City, these two piece~, of property are a must,
Tom Wagoner gav~e the CommissiQn some direction on the subject f rom
the minutes of the last City Council meeting w~hich s~ated that
the ~Iayor had asked if the proposal had gone before the Harbor
Commissian. ~.'~.he:~ Council asked that before starting negotiations
they requested the Com~ission inv~estigate what impact the sale would
haVe on surrounding tracts of lands. ~~. '~
The Commission discussed the subject at great length, bringing out
_ the point that tract D was the only tract that could be influenced
and that the F~deral Fish and Wildlife agents had informed the
Commission quite some time ago that no development would be allowed
whatsoe~rer on tract D.
2, Chairman Peterkin requested reading of the letter from Attorney
Delahay to the City Council regarding the CH2M Hill contr~.ct.
~ Mr. Delahay stated in the letter that he did not feel he had enough
factual background,to answer the question in the minds of Council,
but he did f ind that " either the owner or engineer may terminate
this agreement by giving 30 days written notice to the other party.
Kenai Advisory Harbox Commission ~age 3
~ Regular Meeting, December 1,;1981
In such event the owner will pa~r the engineer i~; fu11 for all work
prev~,ousl~r authorized prior to notice of termination. Thus if the
City wishes to contra,ct with another party, all the Cit~r has to
do is give termination notice to CH21~ Hill and this should be
done by certif ied m~.il with return receipt requested so that
the records will show receipt. There ~ill be no legal liability
for exercising the ter~,ination rights set forth in the above
paragxaph as this would not be a brea,ch of contract." Obviously
the City ~ould be responsible fo~ paying CH2M Hill for any work
done pr~,o~ to such noticem This should be the end of the City's
liability.
T11e Commission felt that since CH2~fi Hill was to work in task order
and nothing had been done on Task I, that noth.ing should be owed
CH2M Hill. Chairman Peterkin poi,nted out that the Corp of Engineers
has pending with the City Council a$2 million dollar 107 Reconnaisance
study to help with the planning, building and designing a breakwater,
The Corp~ of Engineers will get involved in three areas: breakwater,
turning basin, ~.nd entrar~ce channel.
H. MAY~R'S REPORT
None
I. OLD BUSTNESS
~ 1. Discussion ~ o~ Ca~it~l I~,provements
_
A~ter much di~cus~ion, the Commission made the following ~~lotion:
~OTION:
John ~`illiams moved, seconded by Leon Quesnell, to draft the following
mema to Mayor 0'~ei11y with a copy~ to the City Council in response
to the me~,o directed to Commissions:
"The Harbor Commission would prefer to see the original prioritized
list of the Ca~ital ImproVement~ projects as established b~ the
City Council for presentatian at the 1981 legislative session, be
adopted, continued, and sent to the 1982 legislative session as
our request for Capital Improvements monies. Any further Capital
Improvements to be adopted by the City Council should be placed
in order at the bottom of the existing prioritized list in order
of their priority.
No objections, motion passed.
, J. NEW BUSINESS
1
None
K. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
None
Ken~i Advisory Harbor Commission Page 4
~ Regular Meeting, December 1, 1981
L. ADJOURNN~ENT
The next meeting o~ the Harbor Commission was not set. It will
be set at a later date.
There being no ~urther business, the ~o.eeting was adjourned.
Respectfull~r submitted,
C~~'`' ~ ~ ,~ ~,~.
~~ ,~`
J t Loper, ~ecretary