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HomeMy WebLinkAboutOrdinance No. 2538-2011he (My u( KENAI, ALASKA CITY OF KENAI ORDINANCE NO. 2538 -2011 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE CHAPTER 4.32, "RESIDENTIAL CODES," SECTION 4.32.030, "FEE SCHEDULE," TO DELETE REFERENCES TO SPECIFIC FEES FOR CONSTRUCTION OF R -3 AND U -1 OCCUPANCIES SO THAT THOSE CONSTRUCTION FEES CAN INSTEAD BE SET FORTH IN A COMPREHENSIVE FEE SCHEDULE ADOPTED BY THE CITY COUNCIL RATHER THAN SET BY CODE ORDINANCE. WHEREAS, the City Code provides for the establishment of a comprehensive fee schedule to establish rates, charges, and fees of the City; and, WHEREAS, through Ordinance 2528 -2011, the Kenai City Council deleted references to specific rates, charges and fees from several titles of the City Code so that those rates, charges, and fees could be set by a fee schedule but Section 4.32.030 was inadvertently omitted from the sections therein addressed; and, WHEREAS, amendment of Section 4.32.030 to delete specific references to the per foot construction fees for R -3 and U -1 occupancies is consistent with the Council's previous action to remove specific references to fees in the Kenai Municipal Code and its intention to set forth those fees in a comprehensive fee schedule to be approved by the City Council; and, WHEREAS, elimination of specific fee amounts and 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, setting fees by resolution of the Council through adoption of a fee schedule, subject to periodic revision, provides a public process for notice and a hearing before the City implements a change to the City's rates, charges, and fees; and, WHEREAS, it is in the best interest of the City to adopt a comprehensive fee schedule of the City's rates, charges, and fees and to set the most City fees and charges in a fee schedule approved by the City Council rather than by Code ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form. This is a Code ordinance Section 2. Amendment of Section 4.32.030 of the Kenai Municipal Code: The Kenai Municipal Code, Section 4.32.030, Fee schedule, is hereby amended as follows: New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2538 -2011 Page 2 of 2 The fees for construction of Group R -3 and Group U -1 occupancies, or portions thereof, as set forth in the City's schedule of fees adopted by the City Council. Plan review fees shall be fifty percent (50 of the building pen it fee for Group R -3 and Group U -1. [AS FOLLOWS: 1. GROUP R -3 $0.28 PER SQUARE FOOT 2. GROUP U -1 $0.1.4 PER SQUARE FOOT PLAN REVIEW FEES SHALL BE 50% OF THE BUILDING PERMIT FEE LISTED ABOVE.] Plan review fees shall be paid at the time applications for building permits are submitted. Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstance is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(£), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF' THE CITY OF KENAI, ALASKA, this second day of March, 2011. A IEEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR New Text Underlined; IDELETED TEXT BRACKETED[ Introduced: February 16, 2011 Adopted: March 2, 2011 Effective: April 2, 2011 the c KENAI, SKA To: Rick Koch, City Manager 7 From: Terry Eubank, Finance Director Date: February 9, 2011 Re: Ordinance 2538 -2011 'Village with a Past, Gity with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 In connection with the project to remove specific fee references from the City's Code of Ordinances, Ordinance 2538 -2011 removes the specific fee reference from KMC 4.32.030 "Residential Codes Fee Schedule" that was inadvertently missed in the creation of Ordinance 2528 -2011 that removed specific fee references various code sections including section 4 "Uniform Building Code Removal from KMC 4.32.030 is consistent with prior Council action and simply corrects the inadvertent omission.