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Home My WebLink About1979-09-14 Council Packet - Special MeetingKenai City Council Special Council Meeting September 14, 1979 Recreation Committee Resolution 79-127 City Manager Applicant Interview Process Federal Revenue Sharing AGENDA KENAI CITY COUNCIL - SPECIAL M~ETING SEPTBMBER 14, 1979 - 8:00 P.M. PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE NEW BUSINESS 1. Appointment of new member to the Recreation Commission, 2. Resolution 79-127, di~eetin~ City Administration to ente~ into a lease .for warm sto~e with option to purchase. 4. Inter,flew and selection process for appointment of Ci~ Menager. 5. Discussion of Fede~l Revenue Sharing Funds. C. ADJOURNMENT Ord. ,j Gr. · .,-78, t~aqt.~ 13 2. 'l'l'tlC~ }),htr[Il,l:; itlltl d.i..,~t:ane,m to tile listed I~ri>v.Lou:~.Ly, which shall bo ;tccurat,~].~ described on tim pl. ab, shali be ~hown. ,qoction 7. De}.>ostts Ik~r Cost.q Pre:requisite?. to 1.'] l..I. ncl. Tile application ..... ~ ...... ~ .................... ~ ........ form w~li ass.,.st thr~ al~pl~cant .In deto~:iii~.'fiing the proper costs to adwmce, which will depend nature of tho right claimed. In all cases a fi].i~lg foe of $10.00 will bo required. Survey costs depend upon tll~ area claimed at tho rate of $.01516 per square foot. If the area olaimed is different from tile lot as it appears on tho Plat tho applicant shall show tho m{¢asurementu of Lhu addJ. tional or lesser area claimed and compuLe and pay tho different survey cost accordingly. Transfer costs will be tho all cases. They cover the cost of time estimated to bo required to examine, process and approve tho applicat',ion, as well as to prepare and oxecute tile deed, publish notice, give notice of additional costs, if ally, and give notice to applicant. In all cases transfer costs will be in ghe amount of $35.00. D~posig for ap}~raisal costs will bo required in all cases of Class III preference rights, where anouher assorted right is determined by tile Council to bo a Class III right. Appraisal costs will depend upon the area involved and the compl~xity of tho appraisal sought. Whore required as a deposit, tho minimum amount iff $50.00 but additional amounts not oxc{~(ling $].00.00 may b~ required prier to delivery of deed. Section 8. Additional Costs in Certain Cases. Aside from deposits additional costs will be required to be paid prior t:o llear.l, nqs whore disputes require he:stings, and f:or cost of land under a Class III righ~ as wt;ll as al,pr;~j.::a], thc:roof when a prefert~uce right sought to m,. ez¢:rc.l.s{:d is de t(; rml nod to bo a Class III right, as follows: (a) When tho, ;~r(;;i cli~.im~.~d {k~::; Ilot colll}.)[y with, tht3 boullll4lrj, c::l of th{} lot necosrmry to have a hoar[hq t;o establish tile validity of the r[gh~ claim,.~d slid whether it t.s =necessary for the Plat to I),~ ch,ulqed to cr)mpl, y with th(} appl. i. cation. 'l'hi:; be (IJva~l to adjrlcont occul),H~ts int'~rtmted Jn th(~ r;llo'../n till [lit] Pi;It s~ th;ti' /'tl.] may br~ h~ard at I;llt~ h~.ari, n,l. (bi When .'U>l, licat:Jon:: conflict wi. th tile saint? area or portions tl'lt:r~;of, it shall bo n{)cu:;:;ary to issut~ in que::tion. C~mt'li. ct[n,i c],~ima wi. ll. carefully scrutiniz~.d and ~ach dJ.t;put[ng part)' will boar the burden of l)ro','in~i facts sufflcit:nt to est,lblish the v;~lJd[ty of his Ord, 455-'/ll, I,a,l~, 1,1 (c) The part? f.llln(I an al~l,l, lcat.l, on confltuttnq with a cl;li.m pruv.[ou:~ly l:t..led .'~h;l]l b,': r~qu.l.r¢,d to deJ)ollit h(',ll;Lllqlt c¢l,qt-,:l ill the illll(ltlllJ2 (ile tho al~l~lt.c,mt ~fl~,~l. 1 bt~ advi. m.~d of the ~onflJck as aeon as t.E .t.u known and of ~he need ~o dcpon:l.E ~ho hearin9 ~ot.~ (d) Tho appli¢:mt who aftc, r ho. sting and deter- mt nation by tho. Council ks dotel:lninod to have claimed tho ].and of another shall be tho party to bear th~ cost of ~ho h~aring. If such party did not deposit l~uch costs, no deed shall bo delivered to him until tile coat is paid. Where tile depositor is tho prevailing party, tile hearing cost deposited shall bo refunded to him by tile City. (e) When title by Class III preference right is claimed, thc applicant shall bo required to deposit the appraised purchase price afte~ appraisal has been made and tile purchase price has buell so determined. Tile same procedure will bo applied when no application under another Class of rigllt is sought but it is determined that the only available right to tile applicant is a Class III right. (f) When a preference right is sought to be exercised other than a Class III right and such right is determined to be a Claus right, then the applicant shall be required to deposit tile estimated cost of apprais].ng tho property claimed. (g) 'l'ho app.l, icflnt who receives tile deed from tile City shall at his own cost bear the cos~ o£ recordin(l tile deed. Section 9. Procadur(:s for Proc(;i-iainq FiLed Appl..[¢:ation:;. outJ (a) All copies of al)l>licationu acc¢:l>t;ed for f.[].[ng shall bo, ~Itamp~:d with ti. me and date: of filing and all ap}>l, ic;.~tion numb(:r t.n chronological. ord~:r of filing. (b) AIl ori. qinal at.,pl.i, eation.q shall bu ftl~.,d in a permanent r~gisl, ur and the l~altl~f; of the appllc,~nts (3nterod In all a].phabc, tical index which ~hal]. l>~ a permanent part of such register. (c) Tho at)pli cat ion reqi~Jter sh,l].l bo for public Jlllipi!ctiOli during office }lOtll'$ Clerk oxc~t~t when in actual uso for fill. ecl and Indexing. (el) (.'.ortit'~od c:ol~io:s oF all. I~L'OI.KIIF¢.~d [OL' ,'l].l ~t~I.':;¢HI:'I I1])¢)11 r¢:cltlc,:;t ul)on thc, if p,lyi, ng .$2.0c) pur patio l~oi.' U.l.,i(,;~ alia ,lily iltl:;lChlllOlitl; forll~.illq il (u) l?rocc:'.;,';.ing of duplJ, ciite al.)l~].ical, iun:i. Thc: thLrd copy of the ap[~licilt.i, on will. tho itl~l~licitn~ ,is hls FocoFd and deposit made, o~' mailud to npplicant if ho ha~; provided a rotLirl] Ol%VolO],o. Tho secol%d copy sl]a].]. be the working file copy to be handled and processed as follows~ (1) Applications to exercise Class I pro£erance rights having waivers attached and which appl. y for lands which comply with tho ],/dt with respect to area and boundary loc;it-ohs shall bo transmitted to the City Engineer for handling as provided in Section II (b). Applications to exercise Class I preference rights which dc not have waivers attached, irrespective of whether the lands appl.i, od for comply with the Plat shall be segregated for handling in the samu manner as Class II preference right applications. (2) Applications to ¢:xercise Class I preference rights h/~ving waiw-.,rs attached, and which claim lands which do not comply with the: Plat with respect to area and boundary locations, shall be transmitted to the City Engi,leer for hi,haling as provided J.n Section Il(a) dnd further processing a:~' provided in Section 1~. (3) App].ications to axorci:io Class II profa~:un¢:c: rights shall bo sogr~qatod and kel,t with Class preference r.[clht o[)})li, cat ion:; not hi,ring waivers attached. All such alH,].iciltions shlll], be held abeyance by the City until such ti.m,~ ill; tho piorhead lille is ostab].ishod by whereupon such appli, ci~t[~)n:i shall b~3 t~romptly ,honored and proccss,:.d in th~ manner ]l{3KoJll dc3scl'ibud for Class I preform:liCe right /tl~pl.icatLojls, waiver:; nrc ,tttllchod, (4) ,\lq)J..ic;H'.i.on:; t.o ~':<c.'vci;;o C].;I.';~: I3'£ pref¢:r~,~nco i:i,lht:;, and a.l 1. in whole oi: .in part provldod in Section 10. (5> No appl tcnticm:~ whi. cl~ c~>mbi, l~, Cla~s i~ C].as:~ ]"1 and CL,ms .l;rI~ or any comb[n,~ion cE such prefer,~nc~2 r:iqht's, will I~o acc(}pted I:or fiJ. i. ng. Any such apl~licati, on proi~entmd for filing shall, b(~ voturn~,d to tho apl~.l.i, cant I7or n~vision into two or more application:I, each of which will apply for land under only one type of profer~:nc~ right. (6) AIl application to oXercise one. class of pl:ofeYence, right which in part complies with tile Pla~ witll re. spool to area and boundary locations, but does not wholly comply with the Plat in such respects, shall be treated as if no part of the application so complies with tile Plat and shall be processed for contest hearing. Section 10. A_l~_praisal.. All applications for Class II pref~rsnce rights shall be transmitted to a professional appraiser for appraisal. Ilia appraisal shall be made on a form prepared .t.n duplicate, tho original of which shall be attached to tile application and tile duplicate of which shall be retained for his records. Applications when appraised shall be transmitted to tho City Engineer for further processing. .Section ll. Review by_City Eng.t.~cer. Ail applications being ready for prb-~e~%-i-~ ~-~-~-~i'-]~'~-~'~-~_wed by tile City Engineer. Upon review and comparison with tho. Plat, he shall mak(~ his r~quest to tho Ilarbor Con~nission giving a copy thereof to the applicant as to whethor or not tile application seeks to exerci~le a pr~,ference right to land which is describo~d on thc, Plat, and complies %'ith it in respect to ar~a dn boundary locations. Section 12. Rucomm~.:ndr;d Approval by Commi Keno]. Advisory liarbor (,omml. ss].{;n shall r~)~ all dpplications for tidelands upton th~ submission of the C'~.ty Engineer's report, Tho Commission may conduct public lianas'in%Is to verify the validity of tile applicant's claim mid request additional evidence by way of affidavits and tile like in order to come to recommend' said claim for approval by the City Council notifying applicant thereof b%, mail sent', to tile address stated on h~s appl~.cation. The Commi. ss~.on may provide a chuck off list to aid .it in considering applications. The City Coullc[], uhlll], con:-:i.d~)r for approval, tht) claim of th~ apl)li, c,mt wi. thin th~ tim~ ].imitatl.on:; and ,~ith the righ~ of appl~,~l given pursuant to /R~ction 16 below. St,~cti. on 13, lf, Ijp.c_L..}'_.:'Lipg. (~f At)prov,.d App] icat:i, on:,: by %'}iJ-~'~.~k .~pproved by t]l%"C] t~' [.:nqtneer, and al)pYa isc~d by tho Assessor if roqui, rcd, ~:ha] 1 be processed b7 the Clerk in the following i.~:mn,~r: The c].~,rk shall deposit mad,~ by the aPl~]icant is sufficient t') pay all known POLICE DEPARTMENT F I RE DEPART,',tERT CITY OF KENAi ¥ P. O. BOX SI0 KENAI, ALASKA 994)11 T~EPHONE 283 - 7S3S December 5, 1979 C. R. Baldwin, Esq. Rogers & Baldwin P. O. Box 4210 Kenai, Ak 99611 Re: Jack A. Thompson Lease of Airport Lands Dear Rick: On July 26, 1979, Erniewrote you enclosing a copy ok a letter which the City Council, by its Mayor, had forwarded to Jack Thompson (evidently in response to Thompson's offer of settlement contained in letters of July 14 and 20, 1978 (enclosed) calling Mr. Thompson's attention to an ordinance passed in October of 1978 which had the effect for Mr. Thompson, and others in a like situation, of using the 1977 appraisal value (rather than a 1978 appraisal value) as a basis for application of the 6% rental fee. I am enclosing a copy of a letter to the Mayor from Jack Thompson dated August 6, 1979, which was evidently "lost in the shuffle" of other matters coming before the City at that time. At one point in Mr. Thompson's latest letter, he stated he was willing to accept the 1977 appraisal, but in the last paragraph he states he cannot accept that large an increase-- I am not sure just what his position is, but perhaps you can determine it. I am also enclosing an excerpt from Ordinance 400-78 which will help to understand Ordinance 434-78. I think Mr. Thompson misunderstands what this ordinance is doing--it does not make his rental 50% more than other rentals determined under the ordinance. It merely gives him the opportunity to come under the 50% cap limitation so that after the rental is established on the basis of the 1977 appraisals and the rental comes up for redetermination at the end of the next 5 year period (in 1983), it will nq~ be increased more than 50% over the previous rental.