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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