HomeMy WebLinkAboutOrdinance No. 2817-2015fl
CITY OF KENAI
ORDINANCE NO. 2817 -2015
Suggested by:
AN ORDINANCE OF THE COUNCIL OF THE CITY F KENAI, ALASKA,
APPROPRIATING FUNDS IN THE GENERAL AND PARKS PROVEMENT CAPITAL
PROJECT FUNDS IN THE AMOUNT OF $20,000 FOR PUR ASE AND INSTALLATION
OF A GAZEBO AT THE SITE OF THE CITY'S FIELD OFF WERS.
WHEREAS, the City's Field of Flowers, was
non -City residents alike; and,
WHEREAS, many residents and visitors
pictures and enjoy the area; and,
WHEREAS, the City's Beautification
the Council that a small Gazebo be
use of the area; and,
popular with City residents and
onto the Field of Flowers to take
:e has discussed and recommended to
on the Field of Flowers to enhance the
WHEREAS, a small gazebo that movable, and temporary in nature complies with
FAA requirements regarding casu,91 use of Airport property by the City.
NOW, THEREFORE, BE IT O DAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1. Form. That th' is a non -code ordinance.
Section 2. That estimgefed revenues and appropriations be increased as follows:
General Fund
Increase Esti ated Revenues:
Approp ' tion of Fund Balance $M 0.00
Increase ppropriations:
Tr fer to Parks Improvement Capital Project Fund $2 000
lcrease Estimated Revenues:
Transfer from General Fund $20.000
Increase Appropriations:
Construction $20.000
Ordinance 2817 -2015
Page 2 of 2
Section 3. That pursuant to KMC 1.15.070(fl this Ordinance shall take effect upon
enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of March,
2015.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Approved by Finance: Introduced: February 18, 2015
Enacted: March 4, 2015
Effective: March 4, 2015
New Text Underlined; [DELETED TEXT BRACKETED]
"V, lay with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 �IIIII
the aty o fl 1992
V
MEMO:
TO:
City Council
FROM:
Rick Koch
DATE:
February 26, 2015
SUBJECT: Ordinance 2817 -2015, Appropriating $20,000 to Purchase and
Install a Gazebo at the City's Field of Flowers
The purpose of this correspondence is to submit for Council consideration the above
referenced ordinance.
The Beautification Committee discussed and has recommended that a Gazebo be constructed
at the site of the City's Field of Flowers.
It is my understanding that the Beautification Committee met and discussed a variety of
improvements that they felt would enhance and protect the area.
This improvement is non - permanent in nature and does not diminish the Airports ability to use
the property now, or in the future for its benefit.
I requested an opinion from the City Attorney and have included it for your information.
Thank you for your attention in this matter. If you have any questions, please contact me at
your convenience.
u
"Villa9e with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
MEMORANDUM
TO: Rich Koch, City Manager �3
FROM: Scott Bloom, City Attorney
DATE: November 4, 2014
RE: Field of Flowers Parcel
Brief Question: You asked what types of improvements the City could make to the parcel
of City land bordering the Spur Highway and Lawton Drive that was planted with wild
flowers?
Brief Answer: Unless the general fund purchases or leases the property from the airport,
or written FAA approval is received, any improvements made on the property must be of
such a nature so as not to diminish the value, potential use, sale or lease of the property
for airport purposes.
Analysis
The City obtained the 16.49 acre parcel of property (Parcel No. 045- 010 -03) from the
FAA in 1964, with among other restrictions, the following:
That no property transferred by this instrument shall be used, leased, sold,
salvaged, or disposed of by the Grantee for other than airport purposes
without the written consent of the Administrator of the Federal Aviation
Agency, which shall be granted only if said Administrator determines that
the property can be used, leased, sold, salvaged or disposed of for other
than airport purposes without materially and adversely affecting the
development, improvement, operation or maintenance of the airport at
which the property is located.
This past summer, a portion of the property which is otherwise vacant and is in the City's
conservation zone, was planted with wild flowers. The wild flower field gained
Page 2 of 2
significant popularity with residents and visitors. Walking visitors made paths through
the flower field and users often parked on the adjacent side of Lawton Drive. There have
been discussions related to the adequacy of local parking, rules for visitors walking
through the field, and general protection of the field.
Any use, lease, sale, salvage or disposal of the property for non - airport purposes could
trigger a reverter clause in the quitclaim deed to the City vesting title back to the federal
government, unless prior written FAA approval is obtained. The City could probably
safely:
1. Purchase or lease the property from the Airport
2. Incorporate Airport advertising into the flower field
3. Make temporary improvements and regulations to protect the property and public
health and safety that do not impact the Airport's benefit of owning the property or
future potential benefit.
The City would most likely run afoul of the deed restrictions by:
1. Making permanent improvements such as parking, paved pathways and permanent
fencing that diminishes the value of and opportunity for the airport to use, lease or
sell the property for other purposes.
2. Significantly develop the property in a manner that does not benefit the Airport or
restricts the airports ability to use the property now or in the future for its benefit.
Y: \Opinions\2010- 2014\2014 1104 Field of Flowers Parcel.docx