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HomeMy WebLinkAboutORDINANCE 0256-1975Ii CITY OF KENAI ORDINANCE NO. ,~.S'~-75 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING ARTICLE lA OF CHAPTER 11, "HARBOR AND HARBOR FACILITIES", OF THE KENAI CODE BE IT ORDAINED by the Council of the City of Kenai: Section 1. Article lA of Chapter 11 of the Code of the City of Kenat is hereby enacted to read as follows: Section 11A-1. Port Commission - Established. There is hereby created the Kenai Port Commission, consisting of five (5} members. Section 11A-2. Port Commission - Geographic Jurisdiction. Subject to the paramount authority of the City Council, the Port Commission shall have jurisdiction, supervision and control of the following areas: Lot Three (3), Section Nine (9}, T5N, RIlW, SM, all lands within ATS 272; and tidal water within the corporate limits of the City of Kenai, Kenai Recording District, Third Judicial District, State of Alaska. However, the jurisdiction, supervision and control of the Port Commission does not apply to areas which are under the exclusive control of the State of Alaska or the United States. Section 11A-3. Port Commission - Powers.j The Port Commission shall have the following powers: to acquire and own, in the name of the City, real and personal property and all rights incident thereto; enter into contracts; disburse moneys collected from service charges of any nature; and to take all necessary action in the furtherance of the powers expressly set out in this Section. However, proposed contracts for the purchase or sale of real property, or any interest therein, and all contracts in excess of TWO THOUSAND FIVE HUNDRED and No/100ths ($2,500.00) DOLLARS, shall be executed only after the City Council has authorized such contracts. Section 11A-q. Port Commission - Regulation of Terminal and Transportation Facilities Operation. The Port Commission may regulate the manner in which terminal or transportation facilities are operated, in order to Insure safety and accommodation of the public. Section 11A-5. Port Commission - Rules and Regulations. The Port Commission shall have the power to adopt such rules and regulations as may be necessary to carry out its duties under this title. Page One. ORDINANCE NO...~. ,;-~'-75 Section 11A-6. Port Director and Employees - Appointment. The City Manager shall appoint the Port Director and the technical and administrative employees who are necessary to carry or~ the functions of the Port of Kenai. The City Manager shall consult with the Port Commission regarding the appointment or dismissal of the Port Director, and shall consult with both the Port Director and the Port Commission regarding appointment, position classification and pay plan, as these matters relate to employees subject to the jurisdiction of the Port Director. Section 11A--7. Port Director - General Powers and Duties. The Port Director shall be the chief administrator of the Port. He shall, except as otherwise specifically instructed by the City Manager, exercise such powers and perform such duties as may be prescribed by the Port Commission, and shall perform all duties imposed by State or Federal Law upon harbormasters, port directors and administrative head.~ of harbors and ports. Sectiu~'~ 11A-8. Terminal or Transportation Facilities - Permit Recjuired.. (a) Ali lessees, owners or occupants of property within the area defined by Section !1A-2, or elsewhere, within the City, who wish to construct or operate terminal or transportation facilities of any kind, including but not limited to wharves, docks and warehouses, shall apply to the Commission for a permit. ,~pplication therefor shall be made in accordance with regulations prescribed by the Commission, 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 Commission. (b) The Port Commission shall review the plan of the proposed construction in order to detemine whether it is in keeping with the objectives of the approved general plan. If the Port Commission concludes that significant conflict exists between the proposed and general plans, a permit will not be issued. (c) The Port Commission, subject to the conditions of this Section, may issue permits upon such terms and conditions, and for such duration, as it may deem proper for the safe and efficient use of the area defined in Subsection (a) of this Section, and to insure that adequate terminal and transportation facilities will be continuously provided in that area. No construction may be commenced or operation carried on without a permit from the Commission. (d} It shall be a condition of each permit granted by the Port Commission that the facilities to be constructed, and the services to be supplied in connection with them, shall be made available to all carriers upon equal terms, at equal rates, and without discrimination of any kind. [e) Every permt[, lease, deed or conveyance or rtght, title or interest, executed by the City, with respect to land within the jurisdiction of the Port Commission, shall incorporate by reference or otherwise, and shall be subject to, the restrictions contained in this Section. Page Two, ORDINANCE NO. ~25-~/ -75 ! t Section 11A-I0. Terminal or Transportation Facilities - Fixinq Rates, Char~les and Classifications for Use. The Port Commission shall fix the rates, charges and classifications to be charged for the use of facilities, goods or services provided by the City in the area defined by Section 11A-8. Such rates, charges and classifications shall be just and reasonable, shall be published in such manner as the Commission may require, and shall be final unless appealed to or changed by the City Council withtn twenty (2~,~ days after publ Ication. CITY OF KENAI ATTEST: JAMES A. El_SON, Mayor SHARON LOOSLI, City Clerk FIRST READING SECOND READING PASSAGE DATE Page Three, ORDINANCE NO, ,~/~..f'~;_-75 Section 11A-g. Terminal or Transportation Facilities - Permit - lnvesti~lation of Holder - Cance!!atlon. The Port Commission may Inquire into the manner in which obligations under the permits issued by it are carried out, and into the rate schedules and practices of the permit holders, for the purpose of determining whether the provisions of the permits are being complied with. The Commission shall have such access to books and records, and to terminal and transportation facilities, as may be reasonab!y necessary to enable it to make this determination. Should the Commission at any time find that a permit holder is not complying with the terms of its permit, it may cancel the permit upon such notice and in accordance with such procedure as it may, by regulation, prescribe. i! . -~S, I{EN^I CITY COU-~IL 14EE'I'ING, ,qARCt! 19 197" CORRESPONDENCIi Page four Ordinanc~ 2S6~.~ff- Harbor and !lather Facilities ~,~ayor l~Ison stated he has a memo in the packet conerning optnion on the ordinance. He doesn't thinl¢ the ordinance fits our situation, tlc feels Council should do more research before taking up this ordinance. His reazons are as follows: It allowed the Commission to borrow or spend money within certain limits without the City Council approval. It allows the Commission to implement Capital Improvements, The City Charter requires all Capital Improvements originate in the Planning Commission. The Regulations for Operation of the Harbor did not meet our local conditions. Mayor Elson stated he would like to appoint a Harbor Committee to develop an ordinance and work in conjunction with the Planning Commission and is asking Council for nominations. Councilman Thomas suggests Chester Cone. Mayor Elson stated Earl Towner is very concerned. Councilman Doyle feels we are pre-mature. Mayor Blson stated this is why he wants public input. Request £or payment R.D. Peterson - Kaknu Project Mayor Elson stated this was tabled for further information. Mr. Lynn stated we are witholding $8,000 for liquidated damages and does not include the 250 yards of gravel. The engineers recommend the 250 yards of gravel be shared by the City and contractor. ~tthout the compromise we would have withheld $8,250. Tho City ordered the gravel put on as residents couldn't get to their homes without trespassing on private property. The ~ngineers have certified the project is working. ~e will notify I.S.O. and the residents can enjoy a Class $ fire rating. Lynn recommends we pay R.D. Peterson $6,703.44 and retain $8,000 for liquidated damages. Steiner moved and ltudson seconded to pay $6,703.44 to R.D. Peterson for the Kaknu Project. The motion carried unanimously by roll call vote. CITY COUNCIL ME !NG, MARCII St 1975 Pa, three PERSONS PRESENT SCItEDULED TO BE ItEARD: . 1: Ron Malston Mr, Malston stated he is before Council to ask a few questions. His store was broken into this morning and several others including N,C. Auto. Ne find there is only one officer per shift except when they overlap. This is not enough officers to cover the City. tlc asked what is the reason for this besides financial' Councilman Doyle asked if there is a position in the budget that has not been filled. Mayor Elson stated all budgeted positions have been filled. Councilman Doyle stated then we need more money. People should show up more at the budget hearings. Mr. Malston stated then we should raise taxes..Public Safety is important. ~e are not getting our money's worth. There is one car running now and it is not well. Harry Gaines stated he has lost in excess of $10,000 in the past few months. Several businesses have been broken into. The City is a large area to cover end to end. Perhaps the State Troopers can be contracted or lease private cars. Mayor Elson stated he appreciates your coming. ~e have been aware of this and are trying to fund two additional positions. Me have two new vehicles on order but they had a 120 day delivery date. Thc Mayor stated he would appreciate the participation of more interested people showing up at budget time. MINUTES 1. .The Minutes of the Regular Meeting of February 19, 1975, were approved as distributed. CORRESPONDENCE None. OLD BUSINESS Ordinance 256-75 - Harbbr i Harbor Facilities 1- 1: Deleted. NE~ BUSINBSS Bills to be paid - bills to be ratified Morgan moved and Doyle seconded to approve payment of bills to be paid and ratify payment o£ bills as listed on the memo of $/5]?$. Thc :~otio:: carried by roll call vote with Doyle abstaining on the 9oyle's Fuel bill and Thomas abstaining from the K.U.S.C.O. bill. 1' Confirmation of appointments - John O'Connor f Phil Aber Thomas moved and Hudson seconded to confirm the appointments '.~'~i~.'S, KENAI CI'I'Y COUNCIl, MEETING, FEBRUARY {P, i075 ! · 2: · 5': '6: N£~ bUSINESS Bills to be paid - bills to be ratified Mr, Ly~zn recommends pa)nnent. Councilman Thomas asked about the Public De£endor bill. Mr. Baldwin stated he ~ould check into this. Steiner moved and Ambarian seconded to approve payment of bills as listed on the memo of February 19, 1975. The motion carried unanimously by roll call vote ~ith Thomas abstaining on the K.0oS.C.O. bill. Ordinance 256-75 - Harbor ~ Harbor Facilities Mayor £1son stated he has been an advocate of establishing a Harbor Commission for the past three or four years and is interested in the development of the harbor. He feels there are several areas to be considered and requests we not take this up at this meeting. Mayor Elson stated he has some thoughts he would like to run through Planning ~ Zoning. After some discussion, there was no ejection to deferring this at this time. Report on land recommended for a park by the Oilers Mr. Lynn stated he went to Anchorage and spoke ~ith Mr. Brown and Mr. ~ilcox with F.A.A. They have no objections to leasing the land to the Oilers if we get a fair market value, if the lease is temporary and will be used for commercial and industrial once the demand becomes great enough. The fair market value would run approximately $6,000 a year. Mr. Sweariugen felt this was too big an expense to bear. Mr. Lynn felt we 'hould now look for alternate land or maybe land leased from the State. Sealand Lease Mr. Lynn stated that because of the strike, we have not received the lease back from Sealand and recommends this be tabled once again. There were no objections. Go Machine Sales ~ Service Lease Mr. Lynn recommends Council approve the lease to Go Machine Sales ~ Service. Steiner moved and Ambarian seconded to approve the lease of Lots 7 ~ 8, Old Aircraft Apron to Go Machine Sales and Service. The motion carried unanimously by roll call vote. F.A.A. Lease Mr. Lynn stated this lease has not been returned from F.A.A. and recommends this be table~again. There ~ere no objections.