HomeMy WebLinkAboutORDINANCE 1208-1987 Substitute_-t'3CiTii"-^,%'+'r�/ ;�.� _-- - - .� ..-�..,uczs>n�,..�„`�.�z�".I .R��'+..,.... .._,. _,�.. �-..r -tx-P' • �- , - ,' r .. _ . _ .. ...._.
SUBSTITUTE
Suggested By: Administration
CZTS 01 xWW
OMDZU&MCs 120i-17
E
x
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING KENAI MUNICIPAL CODE, TITLE 11, "HARBOR AND HARBOR
FACILITIZS," SECTIONS 11.05.010, 11.05.030, 11.05.040, AND
11.05.070.
WHEREAS, the Kenai Harbor Commission has reviewed Title 11 of the
Kenai Municipal Code and recommends changes be made in the title;
-_-:
.: -
and
"tom. T:
hTjF3 �-
WHEREAS, decisions normally made by the Harbor Master will need
to be made throughout the year; and,
WHEREAS, the City of Kenai will be hiring a Dock Manager, instead
of a Harbor Master, in a temporary seasonal position; and,
_
WHEREAS, the Council wishes to empower the City Manager to make
= :;
the rules and regulations and set the fees, rates, and charges
similar to other facilities in the City such as the Public
Utilities.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the Kenai Municipal Code Sections 11.05.010,
11.05.030, 11.05.040 and 11.05.070 are amended as follows:
=.r;
11.05.010 Harbor Master: The [CITY ADMINISTRATOR MAY
APPOINT A] Harbor Master, [WHO] shall be [IN] the Public Works
Director. [DEPARTMENT AND UNDER ITS SUPERVISION AND CONTROL.]
The Harbor Master shall be the chief administrator of the harbor
and its facilities. He shall have all powers and duties
_
prescribed by ordinance and [HARBOR] the regulations [ADOPTED BY
RasoLuTION OF THE COUNCIL] and rates prescribed by theCitp
L
as it is appropriate,
the Council; and, in addition,
all have all powers and duties
l
1
- -
h
L_
0
t'C,n
RESOLUTION OF THE COUNCIL] W d rates prescribed p the c1Ly
Manager, subject to a„nrova1 by the Council-; and, in addition,
insofar as it is appropriate, shall have all powers and duties
imposed upon harbor masters, port directors, and administrative
heads of harbors and ports by Federal or State law.
Section 1:
11.05.030 Harbor Regulationa: [THE COUNCIL, BY RESOLUTION
OR ORDINANCE, SHALL HAVE POSTER TO ADOPT HARBOR REGULATIONS FOR
THE REGULATION, CONTROL AND ADMINISTRATION OF THE HARBOR AND ITS
FACILITIES AND THE USS THEREOF, INCLUDING THE FIRING OF FEES,
RATES AND CHARGES. ALL SUCH REGULATIONS AND ANY CHANGES THEREIN
SHALL BE PUBLISHED BY POSTING ON THE OFFICIAL CITY BULLETIN
BOARD, AS PROVIDED BY SECTION 1-7(4) OF THE CITY CHARTER FOR THE
PUBLICATION OF ORDINANCES.] The City Manqg_qr_&fi_A_&A9JM
::i'; :;1., '•j'". -;.T-ice+j'
11.05.040 Permit fob Terminal or Transportation: .Aa) All
lessees, owners or occupants of property within the harbor or
contiguous to it who wish to construct or operate terminal or
transportation facilities of any kind therein, including but not
limited to docks and warehouses, shall apply to the [CITY
COUNCIL] LandscaninaLSite Plan Review Board for a permit.
Application therefor shall be made in accordance with regulations
[PRESCRIBED BY THE COUNCIL] described in RMC 14.25, entitled
"LandscaDiMISite Plan Regulations, and shall be accompanied by a
plan of the proposed construction, which shall meet all standards
and requirements which may be set forth by the Council.
The [CITY CC-jNCIL] applicant shall refer all plans of
the type or location of any proposed construction which are or
may be in conflict with the general City plan to the Harbor
Commission and the Lands apin�Site Plan Review Board [PLANNING
COMMISSION] to determine whether such proposed construction is in
keeping with the objectives of the general plan. The decision of
the [PLANNING COMMISSION] Landscaping/Site Plan Review Board
shall be binding unless [reversed] appealed by Council. The
[CITY COUNCIL] Building Official may issue permits upon such
terms and conditions and for such duration as it may deem proper,
and no construction may begin or operation carried on without a
permit from the [COUNCIL] Building Official.
0 Section 4:
W
0
11.05.070 Facility Rates and Charges: The City Manager,
shall fix the rates[,] and charges (AND CLASSIFICATIONS TO BE
CHARGED] for the use of any and all terminal or transportation
facilities constructed on property under its jurisdiction,
including charges assessed against vessels, their owners, agents
or operators which load or discharge cargo at any of the
terminals within the harbor area; charges for berthage while
loading or discharging cargo; charges for administrative expenses
in serving the carrier's charges for freight handling, loading,
unloading and wharf demurrage rates. Such rates(,] and charges
(AND CLASSIFICATIONS) shall be just and reasonable, as determined
by the City Manager, subject to change by the Council, and shall
be published by posting on the Council Bulletin Board and in such
other manner as the Council may require.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day
- L u-- 7 A A 9
First Reading: May 6, 1987
Second Reading: May 20, 1987
Effective Date: June 20, 1987
Approved by Public Works:
(5/21/87)
- - I`TrjVt�AyM,
X
AV%.-
�1
�i
CITY OF KENA1
ed,d4l 4 4"„
TELD41MM.=
TO: Km. J. Brighton, City Manager
City of Kenai
FROM: Keith Kornelis, Public Works Director
City of Kenai
DATE: May 19, 1987
RE: Ordinance 1208-87 Substitute
The only changes made by Substitute Ordinance 1208-87 in
comparing it with the Ordinance 1208-87 which was introduced by
Council at their meeting on May 6, 1987 is as follows:
Section 1 (line 6 and 7)
Delete: harbor
Add: the
and
Delete: adopted by resolution of the Council;
Add: and rates prescribed by the City Manager, subject
to approval by the Council.
These changes will enable this portion of the ordinance to
conform with the rest of the ordinance and other similar
ordinances whereby the City Manager, subject to approval by the
Council, can make or establish the rules, regulations, and rates.
This is very important since additions, changes, or deletions
will need to be made quickly for the operation at the dock to run
smoothly and these changes will eliminate the six (6) weeks time
that passage of an ordinance normally requires.
KK/clf
L
CITY OF KENAI
.,a eat a/ 41,"
roPUMM ,M.N."" am
=.,a
TO: Kenai Harbor Commission
City of Kenai
FROM: Keith Kgrnelis, Public Works Director
' City Of Venai
DATE: April 30, 1987
RE: Changes to Title 11 -- Harbor Facility
Attached is Ordinance 1208-87, which makes some changes to Title
�F 11. Please note that these changes allow the City Manager,
subject to approval of the Council, to make the rules and
regulations required for the operation of the Harbor. It also
allows the City manager to establish the feer:, rates, and
charges. This is how it is done for our water and sewer
utilities (see attached).
'-` In amending Title 11 as it has been with Ordinance 1208-87, and
T; giving the City Manager the ability to set the fees, rates, and
charges, a separate ordinance will not be necessary and will
eliminate the minimum six weeks process time of an ordinance to
-T- become effective.
With these amendments, we will have more time to develop the
rules, regulations, fees, rates, etc. The Council will have an
opportunity to examine those rules, regulations, etc. but it will
not take as much time for them to become effective.
KK/clf A
Attachments
_r--terry
L
17.05.040-17.10
C
.(e) No person shall refuse to admit, after notice and at
reasonable hours, the premises owned or occupied by him, or
hinder any authorized agent of the City entering such premises
for the purpose of inspecting any piping in connection with the
water distribution system.
(f) No consumer shall resell water.
(g) The City Administrator is hereby empowered, subject to
approval by the Council, to make such rules 'and regulations
required for operation of this system, not in conflict with the
provisions of this Code, relative to..water mains, connections,
and extensions which will be served directly or indirectly by the
water distribution system, as are necessary to protect public
property or the safety and health of the public, and to establish
rates for water billing and collections for the support of the
system, and no person shall fail to comply with any such rule or
regulation. Water service may be discontinued for non-payment of
any utility service charges. (KC 17-53; Ords 343, 686)
17.05.050 Frozen Connections and Extensions: Consumers
will be responsible for all frozen water connections and
extensions, and the City will not be responsible therefor. The
City will maintain all water connections except for damages
resulting from freezing. The City will in no way be responsible
for water extensions. (KC 17-54)
17.05.060 Discontinuance of Service: Water may at any
time be shut off from the water main without notice for repairs,
extensions, or other necessary purposes. Tne City will not be
liable to the consumer for any loss or damage which may be caused
by the failure of the City to deliver water. Whenever feasible,
the City shall give public notice of shutoffs, but shall not be
bound to do so. (KC 17-55)
17.05.070 Schedules of Retes• Rules and Re ulations: (KC
17-56; Repealed Ord 686
Chapter 17.1017.10
SEWER SYSTEM
Sections:
17.10.010 Definitions.
17.10.020 Connections.
17.10.030 Private systems.
17.10.040 Service outside city.
17-3
(City of Kenai
Supp. 043 - 10/1/86
C.
c
__ .. ...-,.,..ott..i.]a9Y.�_!..__....n'��'x✓las.s..,�._�'6'{T���.�if�rr.A.�s,•�`MyF,a�+•-r--__.r.
CITY OF KENAI
"Od G'dpdal of 4"
MO MWMW KMA PIAM UPI
2=.7=
MEMORANDUM
TO: Mayor Williams and City Council
FROM: Harbor Commission
Janet Loper, Planning Specialist
SUBJECT: Ordinance 1208-87 Pertaining to the Harbor Facilities
Change Order #3
Teulative Schedule of Events
DATE: May 1, 1987
The Harbor Commission met on April 30th to review the referenced
material and pass along to you their recommendations.
Ordinance 1208-87
The Commission recommends three changes to the ordinance:
1. Page 2, Section 1; the sentence has been changed to more
fully clarify who receives the powers and duties of a
policeman, thus the verbiage, "the Harbor Master and those
assistants designated in writing".
2. Page 2, Section 3; since there is an ordinance currently on
the books pertaining to any development in a commercial or
industrial zone which is a review body and works directly wit
the building inspector, it was felt that matters could be
simplified by eliminating the review by the Planning & Zoning
Commission and Council and placing the responsibility with th
two bodies who deal directly with the harbor and the
permitting process.
3. Page 3, Section 4; the Commission felt that the words "and
classifications" was too confusing as there was no explanatio
as to what classification was being referred to.
The Commission unanimously approved Resolution 1208-87 with the
indicated changes before you.
E
Change Order f
The Commission unanimously recommends approval of items 2, 3, 4, and 13.
The Commission wishes to express a particular recommendation regarding
item #13. The lease states that electricity will be made available upon
written request and the Commission felt that the average lessee would
request it if it were available. On most construction sites it is not
desirable for other contractors to work until the finish of the job,
therefore the soonest a second contractor could approach the site to
hook up the conduit would be August. For this reason the Commission
felt it would be wisest to proceed with the conduit at this time rather
than later in the year.
L
Tentative Schedule of Events
The Commission recommends the addition of:
Lease of stations 3 & 4 = pre -bid . . . . . . . . . . . . May 5
`�-..f� Gcw :u�iF7:!'.S�'L'=` t.-`.., .lo...i- �.___._.__.�-„m�+,s,
•�-.�.q�-..._ ���C w'C'''iT � •_
-'L{�.�'Y
_ t