HomeMy WebLinkAboutOrdinance No. 2990-2017CITY OF KENAI
ORDINANCE NO. 2990-2017
Sponsored by: Administration
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, WAIVING THE
REQUIREMENTS OF KMC 17.10.010 - MANDATORY CONNECTION AND ABANDONMENT
OF OLD WELL, AND KMC 17.20.010- MANDATORY CONNECTIONS AND ABANDONMENT
OF OLD ON-SITE SEWER SYSTEMS, FOR LOT 7A BLOCK 1 BRIDGE ROAD SUBDIVISION
LOCKWOOD ADDITION.
WHEREAS, Lot 7A Block 1 Bridge Road Subdivision Lockwood Addition is adjacent with the
Cook Inlet Natural Gas Storage Alaska (CINGSA) facility; and,
WHEREAS, the high pressure gas lines associated with that facility are buried in the right of
way between Lot 7 Block 1 Bridge Road Subdivision and the City of Kenai water and sewer
mains; and,
WHEREAS, because of the expense and complexity of installing water and sewer service lines
under the high pressure gas lines, Sean Cude, DBA Kenai Self Storage has requested an
exception to the requirements of KMC 17.10.010 and KMC 17.20.010 which require a
connection to City Mains; and,
WHEREAS, if the exception is granted, Mr. Cude has offered to pay a monthly fee equal to the
amount he would pay if his business was connected to the City water and sewer systems to
offset the loss of revenue the City would have received through water and sewer payments
meeting the intent of the code provisions being waived to help the City recoup the costs
associated with its main line extensions.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: That this is a non -code ordinance
Section 2. The requirements of KMC 17. 10.010 and KMC 17.20.010 are hereby waived for
Lot 7A Block 1 Bridge Road Subdivision Lockwood Addition.
Section 3. Sean Cude, DBA Kenai Self Storage and/or Kenai Mini Storage, Inc. will pay the
City a monthly fee equivalent to the rate for an office building with single owner and a single
business in perpetuity, and the City Manager is authorized to execute an agreement
memorializing the same
Section 4. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances 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.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2990-2017
Page 2 of 2
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of November,
2017.
ATTEST:
City Clerk
BRIAN GABRIEL SR., O.
fw Introduced: October 19, 2017
ED Enacted: November 1, 2017
Effective: December 1, 2017
New Text Underlined; [DELETED TEXT BRACKETED]
the city o f
KENAI, ALASKA
�v�
'i/1ayC wit! a Pant, (,'its wit4 a fata^& "
210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone: (907) 283-75351 Fax: (907) 283-3014
www.kenai.city
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Paul Ostrander, City Manager -�7' C�-'> .
DATE: October 11, 2017
SUBJECT: Ordinance 2990-2017 Waiving KMC 17.10.010 and KMC 17.20.010 for Lot
7A Block 1 Bridge Road Subdivision Lockwood Addition
Sean Cude, DBA Kenai Self Storage approached the City to request the waiver of two
provisions of code, KMC 17.10.010 — Mandatory Connection and Abandonment of Old Well,
and KMC 17.20.010 — Mandatory Connections and Abandonment of Old On -Site Sewer
Systems.
The request was for Lot 7A Block 1 Bridge Road Subdivision Lockwood Addition. Kenai Self
Storage is located on this parcel. Mr. Cude has upgraded the area above the office and needs
water to the site. He has proposed to install a well on the property and utilize an existing sewer
system to support the upgraded area.
The Cook Inlet Natural Gas Storage Alaska (CINGSA) facility is located adjacent to the
property and high pressure gas lines associated with the facility fall in the right of way between
the property and the City sewer and water mains. Their location significantly increases the
expense and complexity of installling water and sewer service lines to the property. This
situation is unique to this property.
This ordinance will waive the provisions of KMC 17.10.010 and KMC 17.20.010 and charge Mr.
Cude $116.21 per month; the same amount as if the property was connected to the City water
and sewer main. This structure will help recoup the costs associated with the City main line
extensions while avoiding excessive costs for Mr. Cude.
An agreement will be drafted and recorded that will assure that this agreement will go with the
property if ownership changes.
Your consideration is appreciated
MEMORANDUM
"Villaye with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Paul Ostrander, City Manager l'' -PO -
DATE: October 25, 2017
SUBJECT: Ordinance No. 2990-2017 — Waiving Requirements
The purpose of this memo is to provide the following amended language for purposes of
clarification.
Section 3 of Ordinance No. 2990-2017 should be modified to read "Sean Cude, DBA Kenai Self
Storage and/or Kenai Mini Storage, Inc. will pay the City a monthly fee equivalent to the rate for
an office building with single owner and a single business in perpetuity, and the City Manager is
authorized to execute an agreement memorializing the same."
It is requested a Council Member move to amend the Ordinance as stated above. Your
consideration is appreciated.
CITY OF KENAI WATER AND SEWER WAIVER AGREEMENT
This Water and Sewer Waiver Agreement is agreed to by and between Kenai Mini
Storage, Inc., an Alaska Business Corporation, whose Address is 42115 Kalifornsky
Beach Road, Suite B, Soldoma, Alaska 99669 and the CITY OF KENAI, an Alaskan
home rule municipality with an address of 210 Fidalgo Avenue, Kenai, AK 99611.
Pursuant to Ordinance No. 2990-2017, the Kenai City Council agrees to waive the
mandatory water and sewer connection requirements as they now exist in KMC
17. 10.010 and KMC 17.20.0 10 for the following described property:
Lot 7A Block 1 Bridge Road Subdivision Lockwood Addition, according to the
Official Plat Thereof, filed under Plat No. 2004-18, records of the Kenai
Recording District, Third Judicial District, State of Alaska
on the condition and for the consideration that Kenai Mini storage Inc., its successors
and assigns, agree to pay the monthly water and sewer fees as if such connections did
exist and were utilized. Included in this agreement is the right of the City to lien the
property as if such water and sewer services were connected and provided if any
payment is not made.
This Agreement, runs with the land, and burdens the land, and shall continue in time
until water and sewer services are no longer offered by the City or its successors and
assigns, or the City's Ordinances are changed in a manner that make this agreement no
longer applicable, or the agreement is mutually rescinded by the parties hereto or heirs,
successors or assigns of the same.
GRANTOR:
Page 1 of 3
This Agreement is effective as of the date of the last signature.
GRANTEE:
(Corp. Name)
Signature
By:
(Print Name)
Its:
City of Kenai
By:
Date Paul Ostrander
Its: City Manager
ACKNOWLEDGEMENTS
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this
20_, by
(Title), of the
on behalf of the Corporation.
Page 2 of 3
Date
_ day of
(Name),
Corporation,
Notary Public for the State of Alaska
My Commission Expires:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of 20_1
Paul Ostrander, City Manager of the City of Kenai, Alaska, being personally known to
me or having produced satisfactory evidence of identification, appeared before me and
acknowledged the voluntary and authorized execution of the foregoing instnunent on
behalf of said City.
Notary Public for the State of Alaska
My Commission Expires:
ATTEST:
City Clerk
SEAL:
APPROVED AS TO FORM:
Scott Bloom, City Attorney
AFTER RECORDING RETURN TO:
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Page 3 of 3