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HomeMy WebLinkAboutORDINANCE 0689-1981CITY OF KENAI ORDINANCE NO. 689-81 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 21.10 TO REQUIRE THAT APPLICATIONS FOR LEASES BE COMPLETE BEFORE PILING, TO SET A PILING FEE FOR APPLICATION$, TO REQUIRE A DEPOSIT, AND TO MAKE ISSUANCE OF LEASES ON A PIRST-COME, FIRST -SERVED BASIS SUBJECT TO AUTHORIZATION TO LEASE FOR HIGHER USES AND PURPOSES. WHEREAS, the wording of certain sections of KMC 21.10, particularly KMC 21.10.030, seem to imply that applications for leases can be filed which are knowingly incomplete, and WHEREAS, filing of incomplete leases requires expenditure of unnecessary time for the Kenai Advisory Planning & Zoning Commission in consideration of such incomplete leases, and WHEREAS, due to the fact that the "first -come, first -served basis" on which priorities to lease are established would allow a deliberate filing of an incomplete lease and then stalling tactics to preserve priority without actually proceeding promptly to lease the land and erect improvements thereon, and WHEREAS, the Kenai Advisory Planning & Zoning Commission has recommended amendment of KMC 21.10.030 to provide that. no application would be accepted unless complete, and the Council has considered this recommendation and directed that an ordinance accomplishing this amendment be drafted. WHEREAS, there are costs connected with processing every application by the Clerk which should be reimbursed by use of a non-refundable filing fee, but the amount of such filing fee does not appear in the ordinance, and the filing fee of 010 previously collected does not appear to be sufficient to cover those costs in the light of the inflation that has taken place, and WHEREAS, KMC 21.10.060 as presently written implies that applications for leases should be granted on a first -come, first - served basis even though a subsequent applicant may desire to utilize the property for a higher and better use which would be a oil more beneficial use for the City and the citizens thereof, and WHEREAS, in the past the City has been put to great expense in appraising properties and in some cases subdividing and surveying properties which have been requested for lease, and thereafter the applicant has failed to follow through on his application, so that it appears to be reasonable to require a deposit with the application to show good faith to cover any costs if the applicant does not go through with leasing of the property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as followss E@ckion is The first paragraph of KMC 21.10.030 is hereby amended as followss 021.10.030 Anpligationss All aprlications for lease of lands shall be filed with the City Clerk on forms provided by the City available at City Hail. Applications shall be dated on receipt and payment of filing fee Aad daR09it- No application will be accented by the Clerk unless it apyoaK@o the Clark to be complete. [AFTER FILING, A MAXIMUM OF 30 DAYS SHALL BE ALLOWED TO COMPLETE THE APPLICATION.] Filing fees are not refundable." Section 2s That the City of Kenai Code of Ordinances is hereby amended by adding a new section to be numbered 21.10.035 which shall read as follows: "21.10.035 =,ing Fee and Dgposits (a) A filing fee in the amount of $20 shall be paid on filing of an application for lease of lands. "(b) On filing of application for lease of lands, the applicant will make a deposit to show good faith and secure the City in payment of any costs in the following amounts: "(1) If the property sought to be leased has already been subdivided, the amount of the deposit will be $500. "(2) If the property sought to be leased has not baen subdivided, then the amount of the deposit will be $1,000 . "(c) If the City refuses to lease the desired property to the applicant through no fault of the applicant or failure 2 of applicant to comply with directions of the Kenai Advisory Planning & Zoning Commission, then the deposit will be returned to the applicant. If the applicant complies with all of the requirements of the ordinances and of the Kenai Advisory Planning & Zoning Commission and secures a lease to the land, then the deposit will be applied on the first rentals to become due. If the applicant refuses to comply with any requirements of the ordinances or the Kenai Advisory Planning & Zoning Commission and either causes inordinate delay or otherwise refuses to secure a lease to the property, then any expenses incurred by the City will be reimbursed from said deposit and the balance thereof, if any, shall be returned to the applicant." Section -Is That KMC 21.10.060(a) is hereby amended as follows$ Na) Applications shall be forwarded to the Advisory Planning and Zoning Commission upon receipt. The Advisory Planning and Zoning Commission shall normally consider applications for specific lands on a first -come, first -served basis if the Commission finds that the the city Council. where there is difficulty in obtaining a perfected application, details as to development plans, etc., or where the ag lieant fails to eomn y with direction gz Lquests of (THEN) the Advisory Planning and Zoning Commission; anv, such flriority will be lost (MAY AFTER DUE NOTICE TO THE FIRST APPLICANT, CONSIDER A SECOND APPLICANT FOR THE PARTICULAR LEASE)." follows: Section 4s That KMC 21.10.060(c) is hereby amended as "M Conceptual applications relative to unplatted land and/or unreleased lands will also be considered on a first -come, first -served basis under the same conditions set forth above. On approval of concept by the Advisory Planning and Zoning Commission and the City Council, the applicant is assured the right of first refusal of the lease following the determination of a lease rate in accordance 3 with eotabliohed policy, provided that applicant delivers to City an executed lease with attached application and with first rental payment within 49 dayo after applicant is notified of the termo," EQctien-as That the City of Kenai Code of ©rdinanceo in hereby amended by adding a new ouboection to be numbered KMC 21,10,060(d) which €shall road an followes "(d) where there are two or more appplicatior-o for the name airport lands for Different u000, ttaen if the Advisory Planning & Zoning Commiooion makoo a finding that a subsequent application would result in uoe of the lands for a higher and better purpooe with a greater benefit to the City of Kenai and the citizeno thereof, then the lease will be iocuod to ouch applicant notwithutanding the provisions of subparagraph (a) and (c) in thin oection which provide for leAsing on a first -come, first-oorvod baaia. Any applicant may appeal to the City Council from a finding or a refusal to find by the Planning a Zoning Commiosion as to highest and boat uoo by filing an appeal with the City Clerk within 7 days ofter the finding is made or r-Qfused by the Planning i Zoning Commiooion," PASSED BY THE COUNCIL AP THE CITY Of K f, ALASKA, thin lot day of July, 1981, ViNC- T O'RRILLY ATTE T�/ ly -7'. J-0o - - 2�lia s JIAA ot: Whelan, City Clerk First t endings Second Readings Effective Dates 4 June 17, 1981 July 1, 1981 Auguot 11 1981