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HomeMy WebLinkAboutResolution No. 2011-10Mc city o f KENALALASKA CITY OF KENAI RESOLUTION NO. 2011 -10 Suggested by: Finance Department A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING AMENDMENT OF THE REGULATIONS OF THE KENAI MUNICIPAL AIRPORT TO DELETE REFERENCES TO SPECIFIC FEES AND CHARGES SO THAT THOSE FEES AND CHARGES WILL BE AS SET FORTH IN A COMPREHENSIVE FEE SCHEDULE ADOPTED BY THE CITY COUNCIL AT WHICH TIME THE FEES CHARGED BY THE AIRPORT MAY BE INCREASED TO ALLOW FOR CREDIT CARD ACCEPTANCE FOR PAYMENT OF AIRPORT FEES AND CHARGES. WHEREAS, the City Council has adopted regulations governing various fees and other charges imposed by the Kenai Municipal Airport; and, WHEREAS, the City Code provides for the establishment of a comprehensive fee schedule to establish rates, charges, and fees of the City and the City is in the process of adopting such a fee schedule to create a primary location where all charges, rates, and fees of the City are set forth; and, WHEREAS, the creation of a fee schedule to be approved by resolution of the Council will provide increased flexibility in the City's management of its charges, rates, and fees; and, WHEREAS, it is anticipated that when the Council adopts a comprehensive fee schedule, some of the fees charged by the Kenai Municipal Airport may be increased to accommodate for the City's acceptance of credit card payments for those fees; and, WHEREAS, it is in the best interests of the City to move the specific charges, rates, and fees of the Kenai Municipal Airport to the comprehensive fee schedule rather than in its separate codes of regulation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that 1. Airport Regulation, Chapter 6.05 entitled "Parking," section 6.05.020, Short term parking area, is hereby amended as follows: 6.05.020 Short -term parking area. The Airport Manager shall designate an area or areas for short term vehicle parking. Parking is permitted in this area at the times determined by the City Manager. Parking hours and rates shall be posted. All improperly parked cars are subject to impound. The Airport Manager, with concurrence of the City Manager, may establish a pay parking system in the short -term vehicle parking areas. All fees shall be as set forth in the City's schedule of fees adopted by the City Council. New Text Underlined' [DELETED TEXT BRACKETED] Resolution No. 2011 -10 Page 2 of 4 Failure to pay the required fee shall be a violation subject to the penalties provided in KMC 13.05.010 and 13.10.015. 2. Airport Regulation, Chapter 6.05 entitled "Parking," section 6.05.030, Limited Long -term parking, is hereby amended as follows: 6.05.030 Limited long term parking. The Airport Manager shall designate an area or areas for long -term vehicle parking. Parking is permitted only in those areas, and only on those conditions as are set forth at the designated entrances and within said parking areas. Any vehicle or property within the long -term parking areas for a continuous thirty (30) day period or within said area contrary to the terms or conditions of use as stated herein, or as posted by the aforementioned signs, shall be subject to impound pursuant to KMC 12.25.040. The Airport Manager, with concurrence of the City Manager, may establish a pay parking system in the long -term vehicle parking areas. All fees shall be as set forth in the City's schedule of fees adopted by the City Council. Failure to pay the required fee shall be a violation subject to the penalties provided in KMC 13.05.010 and 13.10.015. 3. Airport Regulation, Chapter 6.05 entitled "Parking," section 6.05.060, Aircraft parking, is hereby amended as follows: 6.05.060 Aircraft parking. (a) No person shall park an aircraft in any area on the airport other than that prescribed by the Airport Manager. "Parking of transient helicopters and heavy aircraft, loading and unloading shall be limited to the area known as the north ramp. Parking for transient light aircraft shall be primarily the south ramp. Overflow shall use the north ramp (see Appendix 1- Airport sketch map attached hereto)." (b) Aircraft in violation of Section 6.05.060 may be impounded at the discretion of the Airport Manager. Impoundment may be accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for impoundment purposes. Inconvenience or damage that may result from such movement will be at the risk of the owner. (c) An impoundment fee [OF ONE HUNDRED DOLLARS ($100.00)] plus a towage fee [AT COST,] shall be charged on each aircraft impounded. In addition, [AND] a daily storage fee [OF FIFTY DOLLARS ($50.00) PER DAY] shall be charged for each day the aircraft remains impounded. All impound, towage, and storage fees shall be as set forth in the City's schedule of fees adopted by the City Council. New Text Underlined' [DELETED TEXT BRACKETED] Resolution No. 2011 -10 Page 3 of 4 (d) All impounded aircraft which are not redeemed within ninety days after impoundment shall be considered abandoned and shall be subject to sale at public auction. Notice of any auction shall be published. Publication shall be in a newspaper of general circulation in that area for at least once during each of three consecutive weeks not more than thirty days nor less than seven days before the time of the auction. 4. Airport Regulation, Chapter 6.05 entitled "Parking," section 6.05.070, Transient aircraft, is hereby amended as follows: 6.05.070 Transient aircraft. (a) All aircraft owners or operators parking transient aircraft in an area designated by the Airport Manager shall register their aircraft with the Airport Manager's Office upon arrival. (b) Transient aircraft under ten thousand (10,000) pounds shall park at the tail tie -downs on the south terminal ramp apron and aircraft exceeding ten thousand (10,000) pounds shall park on the north terminal ramp, off the VOR checkpoint. All transient aircraft must be properly secured. (c) All aircraft owners or operators parking aircraft in an area designated by the Airport Manager will be charged a daily transient parking fee [OF TWO DOLLARS ($2.00) PER DAY] as set forth in the City's schedule of fees adopted by the City Council. No aircraft shall be allowed to park in the transient parking area for more than five (5) consecutive days, unless specifically authorized by action of the Airport Manager. There will be no fee for parking an aircraft for a period of six (6) hours or less. 5. Airport Regulation, Chapter 14.05 entitled "Landing Fees," section 14.05.010, General, is hereby amended as follows: 14.05.010 General. (a) There shall be a landing fee per thousand (1,000) pounds of weight for all aircraft whether empty or loaded with a FAA certified maximum gross take -off weight (CMGTW) of four thousand (4,000) or more, payable monthly. The landing fee shall be computed on the CMGTW of each aircraft and shall be as set forth in the City's schedule of fees adopted by the City Council. [THE LANDING FEE PER THOUSAND POUNDS SHALL BE: (1) JUNE 1, 2009 —MAY 31, 2010: $1.10. (2) JUNE 1, 2010 —MAY 31, 2011: $1.21. New Text Underlined' [DELETED TEXT BRACKETED] Resolution No. 2011 -10 Page 4 of 4 (3) (4) (b) Airlines providing scheduled or unscheduled service to the Airport out of the passenger terminal building that have not executed an Airline Operating Agreement and Terminal Area Lease are "non- signatory airlines" and shall pay a landing fee per thousand (1,000) pounds of weight for all aircraft whether empty or loaded with a FAA certified maximum gross take -off weight (CMGTW) of four thousand (4,000) pounds or more, payable monthly. The non signatory landing fee shall be computed on the CMGTW of each aircraft and shall be as set forth in the City's schedule of fees adopted by the City Council. [THE LANDING FEE PER THOUSAND POUNDS SHALL BE: (1) JUNE 1, 2009 —MAY 31, 2010: $1.43. (2) JUNE 1, 2010 —MAY 31, 2011: $1.57. (3) JUNE 1, 2011 —MAY 31, 2012: $1.73. (4) JUNE 1, 2012 —MAY 31, 2013: $1.90.] (c) The following aircraft are exempt from landing fees: (1) 6. This Resolution shall become effective on March 2, 2011. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this second day of February, 2011 ATTEST: Float planes; (2) Aircraft engaged in flight test landings or returns because of mechanical problems or weather; (3) Government aircraft. Carol L. Freas, City Clerk Approved by Finance: JUNE 1, 2011 —MAY 31, 2012: $1.33. JUNE 1, 2012 —MAY 31, 2013: 51.461 PAT PORTER, MAYOR New Text Underlined• [DELETED TEXT BRACKETED] KENA ALASKA "Viflaye with a Past, y with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: January 27, 2011 Re: Resolutions 2011 -09, 2011 -10, 2011 -11, 2011 -12, and 2011 -13. The above Resolutions, in conjunction with Ordinance 2528 -2011, are being presented for your consideration as part of the project to standardize the method by which City fees, charges and licenses are set and amended, and to create a single source for City fees, charges and licenses. This process began with the September 28, 2010 council work session. Step one of the project was completed with the adoption of Ordinance 2520 -2010 on December 1, 2010. Ordinance 2520 -2010 clarified the setting of all fees shall be by the City Manager, unless otherwise provided in the Kenai Municipal Code (KMC) of Ordinances, with approval by the City Council via resolution prior to becoming effective. Ordinance 2520 -2010 also established a City Schedule of Fees, Charges and Licenses. Step two of the project, Ordinance 2528 -2011 and Resolutions 2011 -09 through 2011 -13, is to remove all specific dollar references to fees, charges and licenses within the KMC and replace them with a reference to the City's Schedule of Fees, Charges and Licenses. Ordinance 2528- 2011 will become effective March 2, 2011 if adopted at the February 2 Council Meeting. Similarly the effective date for each of the resolutions has been delayed until March 2, 2011. The third and final step in the project will be presentment of a Resolution to adopt the City's new Schedule of Fess, Charges and Licenses. This resolution will be presented for Council consideration at the February 16` Council meeting. While there will be no change in most fees, minor changes are expected for such things as to accommodate the City's credit card acceptance policy and to adjust fees to reflect actual City costs. The effective date of this resolution will be March 2, 2011 allowing for multiple public hearings at the pleasure of Council.