HomeMy WebLinkAboutOrdinance No. 2992-2017Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 2992-2017
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALAS
REQUIREMENTS OF KMC 17 .20.010-MANDATORY CONNECTIONS
OF OLD ON-SITE SEWER SYSTEMS, FOR 2737 ILIAMNA ROAD .
, WAIVING THE
ABANDONMENT
WHEREAS, the owner of 2737 lliamna Road, Mike Chivers, has a roached the City to request
the waiver of KMC 17.20.010-Mandatory Connections and Aba onment of Old On-Site Sewer
Systems; and,
WHEREAS , the sewer service at the four unit apartment uilding at 2737 lliamna Road failed;
and,
WHEREAS , attempts at locating the failure in e sewer line serving this property were
unsuccessful ; and,
WHEREAS, because of the expense and tim iness of installing a sewer main and service line to
serve this property, Mike Chivers has re ested an exception to the requirements of KMC
17.20.010; and,
WHEREAS, if the exception isLrant , the owner of 2737 lliamna Road will continue to pay a
monthly fee equal to the amount h would pay if his property was connected to the City sewer
system; and,
WHEREAS, this will offset t loss of revenue the City would have received through sewer
payments meeting the intent f the code provisions being waived to help the City recoup the costs
associated with maintainin sewer mains .
NOW, THEREFORE , B IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. For : That this is a non-code ordinance.
Section 2. e requirements of KMC 17.20.010 are hereby waived for 2737 lliamna Road.
Mike Chivers will pay the City the monthly fee for sewer service and the City
Manager i authorized to execute an agreement memorializing the same
Sectio 4. Severability: That if any part or provision of this ordinance or application thereof to
any p son or circumstances is adjudged invalid by any court of competent jurisdiction , such
judg ent shall be confined in its operation to the part, provision, or application directly involved
in controversy in which this judgment shall have been rendered, and shall not affect or impair
th validity of the remainder of this title or application thereof to other persons or circumstances.
Ordinance No . 2992-2017
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 1.15.0?0(f), this ordinance shall take effect
30 days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7 th day of February, 2018 .
ATTEST:
Jamie Heinz, City Clerk
BRIAN GABRIEL SR., MAYOR
Introduced: December 6, 2017
Public Hearing: January 3, 2018
Postponed to: January 17, 2018
Postponed to : February 7, 2018
Effective: March 9, 2018
'V/flar t<1/t/t, a PaJ'~ Ct'tj t<1/t/t, a h.tfl.l"e 11
210 Fidalgo Ave, Kenai , Alaska 99611-7794
Telephone : (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager? a ·
Sean Wedemeyer, Public Works Director/Capital Projects Manager 5;<1 Lt(
November 6 , 2017
Ordinance Waiving KMC 17.20.010 for 2737 lliamna Rd .
Mike Chivers has approached the City to request the waiver of KMC 17.20.010 -Mandatory
Connections and Abandonment of Old On-Site Sewer Systems.
The request is for 2737 lliamna Rd. An apartment building with four units is located on this parcel.
On October 16 one of his tenants made Mr. Chivers aware that sewage was backing up i nto the
building . He ca lled Peninsula Pumping who were uns uccessfu l in clearing the sewer service
line. He called Roto-Router who lanced the service l ine for 300'. T hey did not find an obstruction.
Neither contractor had any suggestions to fix his sewer service line. Mr. Chivers paid for an on-
site porta-potty and his tenants ' off-site showers while he searched for a solution.
On October 17 Brent Jacobs, Water & Sewer Foreman , met with Mr. Chivers onsite . It was
determined that his service line crossed at least one property li ne, and was more likely to end in
a tank or crib on a different property rather than the City sewer main due to the distance from the
main and direction it was heading . Jacobs checked the City mains in the area and found nothing
indicating a blockage.
Mr. Chivers then met with me , and I explained his options. The solution that would ha ve met all
City codes and Alaska Department of Conservation (ADEC) regulations, extending our main 200'
down lliamna Rd ., would require months to execute and cost a minimum of $25,000. Another
solution I detailed was to run a service line parallel to and within the Righ t of Way. I ex pla ined
that he could seek permission to do this , but that I would have to report it is not i n the best interest
of the City. The third option I suggested could be a possibility was an on-site septic system. We
called ADEC and determined this was a via ble option . I explained to Mr. Chi vers this option
would require City Council to wa ive KMC 17.20.010, and that he should contact the City
Manager, w ho was out of the office for the remainder of the week .
Believing he had no choice due to time constraints, Mr. Chivers immediately contacted a li censed
and bonded engineer and contractor and installed an onsite septic system .
Page 2 of 2
Mr. Chivers reports that his tenants are low-income, and that without the approval of this wa iver
they will likely become homeless, because he cannot afford to extend the City main, and the City
would be required to condemn the building without operating sewer facilities. He has been
paying a sewer bill since 1992, and would continue to pay for sewer if granted this waiver. He
has been paying for water since 2016, when he connected to our main adjacent to his property.
Adoption of this ordinance would waive the provisions of KMC 17.20.010 . Th is structure will help
recoup the costs associated with maintaining the City sewer mains wh ile avoiding excessive
costs for Mr. Chivers.
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 .
'Vtfltlje «1/t~ a PaJ'~ Ct'ti «1/t~ a h.tar-e "
210 Fidalgo Ave, Kenai, Alaska 99611 -7794
Te lephone: (907) 283-7535 I Fax: (907) 283-3014
www. kenai. city
MEMORANDUM
TO:
FROM:
DATE:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager -P. 0 ~
January 11 , 20 18
SUBJECT: Ordinance 2992-2017 -Mandatory Connection Wa ive r , add it iona l
requested information
This memo provides the additional information requested by Council at their meeting of
Ja nuary 3 rd meeting on the above referen ced ord inan ce.
Explanation of Sewer Fees
Sewer fees are c harged in two manners . Flat rate , unmetered accounts , and metered
rates . Flat rate accounts are c harged according to the business type and other factors whi c h
dete rm in e t he appropriate fee from the City's fee schedule . Metered accounts are charged
based upon the number of ga ll ons injected into the City 's system with establ ished minimum
billing amounts . Metering of sewage flow is possib le however metering typicall y takes p lace on
incoming water. Metering of water is cleaner and easie r than metering sewage. T he
assumption is that each ga llon of water flowing into a structure lea ves the structure as
sewage . Not a perfect assumption but for the most part materially accurate. In cases , like
businesses with lawn irrigation systems, where sign ifi cant amounts of water f lo w into a structure
but do not resul t in sewage, secondary meters a re allowed to document the non-sewage
producing vo lum e of wa ter. Any documented non-sewage producing volume of water will not be
cha rged a per gall on fee for sewage .
Th e fo ll owing is the potential app li cab le sewer rates :
1. Schedule A -General Domestic Service Rates (non-metered ):
• One or two family residence , per fami ly unit $51.42
• Single or double unit a partment, per fami ly unit $51.42
• Apartment, 3 or more un its on a sing le parce l, per fam ily un it -
o S ingle bill assumed by owner $38 .66
o Separate bill $51.42
• Trailers , one or two on sing le lot, each $51 .42
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Subject
• Trailer, 3 or more on single lot
o Single billing $38.66
o Separate billing $51.42
• Boarding houses, per available room $13.88
2. Schedule E -Metered Service :
• General usage, per thousand gallons $5.1 O
• Minimum monthly charge, general usage $76.48
Historical Information on Mr. Chivers account
Reviewing Mr. Chivers account, the account was established in 1992 by Mr. Weldon Chivers as
Double C Rentals. The account was updated in October 2016 when water co nnectio n was
made
Prior to connecting to City water, the account was charged flat rate for sewer. No overage was
billed during the period 1992 through October 2016 because it was flat rate. There have been
difficulties in the functioning of Mr. Chivers meters since installation and it a p pears on ly re cently
that accurate readings been made. Since installation of the meter each month with one
exc eption has billed at the monthly minimum. The exception month was billed for excess based
upon an estimated read as no reading was availab le . Subsequent months returned to bills
based on monthly minimums.
For Mr. Chivers, the flat rate for the 4 plex on the property is $154 .64 I month and the monthly
minimum charge for sewer on a metered service is $76.48 I month.
Potential Whereas Clause
A w hereas clause could be added to the ordinance that would limit the length of this waiver such
as :
WHEREAS , it is the intent of the City to require the owner of 2737 lliamna Ro ad to connect t o
the City sewer system w hen the on-site sewer system on the property is due for repla cement.
Waiver Agreement
The draft waiver agreement is attached for your reference.
If the changes proposed by ordinance 3005-2018, amending mandatory connection
requirements w ithin the City is approved by Council as drafte d, ordinance 2992-2017 will no
longer be necessary as Mr. Chivers w ill no longer be required to connect to the City sewer
system .
CITY OF KENAI WATER AND SEWER WAIVER AGREEMENT
This Water and Sewer Waiver Agreement is agreed to by and between ___ _
Chivers, an individual, w hose Address is 604 Highbush Lane, Kenai , Alaska 99611 and
the CITY OF KENAI, an Alaskan home rule municipality with an address of 210
Fidalgo Avenue, Kenai , AK 99611.
Pursuant to Ordinance No. 2992-2017, the Kenai City Council agrees to waive the
mandatory sewer connection requirements as they now exist in KMC 17 .20.010 for the
following described property:
Lot 33 Block 9 and the Northwesterly 53.60 feet of Lot 32, Block 9, Carl F
Ahlstrom Subdivision , according to the Official Plat Thereof, fi led under Plat
No. K-216 , records of the Kenai Recording District, Third Judicial Di strict, State
of Alaska
on the condition and for the consideration that Weldon S. Chivers , his successors and
assigns , agree to pay the monthly sewer fee s as if such connections did exist and were
utilized. Included in this agreement is the right of the City to lien the prope1iy as if such
sewer serv ices were connected and provided if any payment is not made.
Thi s Agreement, runs with the land , and burdens the land , and shall continu e in time
until sewer services are no longer offered by the City or its successors and assigns , or
the Cit y's Ordinances are c hanged in a manner that make this agreement no longer
applicable, or if the on-site septi c system is due for replacem ent, or the agreement is
mutually resc inded by the patties hereto or heirs, successors or assigns of the sa me.
This Agreement is effective as of the date of the last signature.
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GRANTOR: GRANTEE:
City of Kenai
By: __________ _
Date Signature
By:~-----------
(Prin t Name)
Paul Ostrander
Its : City Manager
ACKNOWLEDGEMENTS
STATE OF ALASKA )
) SS.
THIRD JUDICIAL DISTRICT )
Date
The foregoing ins trument was acknowledged before me this day of
_______ , 20_, by (Name).
Notary Public for the State of Alaska
My Commission Expires: _____ _
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STATE OF ALASKA )
) SS.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this __ day of , 20_,
Paul Ostrander, City Manager of the City of Kenai , A la ska, being personally known to
me or having produced satisfactory evidence of identification, appeared before me and
acknowledged the vo luntary and auth orized exec ution of the foregoing instrument on
behalf of said City.
ATTEST:
City Clerk
SEAL:
APPROVED AS TO FORM:
Scott B loom, City Attorney
AFTER RECORDING RETURN TO:
City of Kenai
210 Fidalgo A venue
Kenai , AK 99611
Page 3of3
Notary Public for the State of Alaska
My Commission Expires: _____ _