HomeMy WebLinkAboutORDINANCE 1905-2001Suggested byo Administration
CITY OF KENAI
ORDINANCE N0. 1905-2001
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT
CERTAIN CITY-OWNED LANDS LOCATED IN INLET WOODS SUBDIVISION, AS SHOWN
ON THE ATTACHED EXHIBIT A, ARE NOT REQUIRED FOR A PUBLIC PURPOSE.
WHEREAS, the City of Kenai has title to the properties described as Lots Eighteen (18)
through Twenty-seven (27) inclusive, Block Twelve (12) according to the Plat of INLET
WOODS SUBDIVISION, PART ONE, filed under Plat No. 84-279, in the Kenai Recording
District, Third Judicial District, State of Alaska; and
WHEREAS, the City has received a request by an applicant asking that the referenced
properties be made available for sale; and
WHEREAS, KMC 22.05.010 requires that the Council determine whether certain City-
owned properties are needed for a public purpose, stating, "Disposal or sale of lands shall
be made only when, in the judgment of the City Council, such lands are not required for a
public purpose."; and
WHEREAS, the Parks and Recreation Commission and the Planning and Zoning
Commission recommended that Lots Eighteen (18) through Twenty-seven (27) inclusive,
Block'T~velve (12) be retained for public use; and
WHEREAS, the City Administration recommends that Lots Twenty-one (21) through
Twenty-five (25) inclusive, Block Twelve (12) be reserved for street drainage retention; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that Lots Eighteen (18), Nineteen (19), Twenty (20), Twenty-six (26), and Twenty-
seven (27), Block fiwelve (12) located in Inlet Woods Subdivision, as shown on the
attached Exhibit A, are not required for a public purpose.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 4tn
ATTEST:
Carol L. Freas, City Clerk
LLIAMS, MAYOR
Introduced; March 21, 2001
Adopted: April 4, 2001
Effectiveo May 4, 2001
(3/6/2001)kh
Exhibit A
B12, L18 -20 & 26 - 27
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TR.16A 1 1 25 ~ 2~ ~g
TR. 31 2 2 24
~ Lots for Sale
0 Surrounding Properties
~~~~~~~~~~~ Wetlands
CITY OF KENAI
,- Gil ~ ~q~~~ --
~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
~ TELEPHONE 907-283-7535
.. _ FAX 907-283-3014
III'
1992
Memorandum
Date: March 28, 2001
To: Mayor John J. Williams and City Council Members
From: Richard A. Ross, City Manager
RE: Ordinance 1905-2001- Inlet Woods Block 12
The City Administration recommends that Inlet Woods Lots 21 through 25 of Block 12
be retained for a public purpose. We recommend that Lots 18,19, 20, 26 and 27 of Block
12 be declared as not needed for a public purpose.
The recommendations and discussions of both the Planning and Zoning Commission and
the Parks and Recreation Commission were considered in making this decision. In doing
this, Mr. La Shot, Mr. Frates and I went to the site and reviewed the issues raised.
The subdivision drainage issue is satisfied by the retention of Lots 21 through 25. Storm
drainage pipes enter Lots 21 and 25.
Potential park development in this area can be accomplished through several means that
would allow for continuation of the pond as a central feature of any future park. One
option is to allow contractors, under city supervision, to dispose of clean fill in selected
areas to shape and contain the pond while adding to the present useable land area. The
park area created would be approximately 2.2 acres, or 400+ feet by 244+ feet in
dimension. This is more than adequate as a neighborhood park in our estimation.
Lots 18,19, 20, 26 and 27 are not needed in our estimation for either of these purposes--
drainage or future park use. They, in fact, have water and sewer utilities stubbed to them
for residential development.
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MOTION:
Commissioner Glick MOVED to approve PZO 1-10 and Commissioner Morse SECONDED
the motion.
There was no public comment. Commissioner Bryson indicated it appeared to be the
situation when there is double lot frontage on modest-sized lots.
VOTE:
B son Yes Erwin Yes Glick Yes
Nord Yes Morse Yes Jackman Yes
Goecke Yes
MOTION PASSED UNANIMOUSLY.
ITEM 5: OLD BUSINESS -- None
ITEM 6: NEW BUSINESS
6-a. Request that Inlet Woods Subdivision lots be made available for sale.
Determine if needed for public purpose.
Chairman Goecke drew attention to the Parks 8~ Recreation -Commission
recommendation regarding the lots in Inlet Woods Subdivision. The recommendation
was contained in the unapproved minutes included in the. meeting packet.
Public Works Manager La Shot explained it would be the recommendation of
Administration that Lots 21 through 25 be retained for drainage purposes.. This
would still leave seven lots that would not be affected by the pond.
Commissioner Nord reported the Beautification Committee had also discussed this
particular area in great detail in regard to retaining it for a future park. Nord thought
that perhaps not all lots should be retained for park use, however those located on the
east side may be suitable.
Commissioner Jackman asked if the area was suitable for a park and if that was the
reason it was being held. La Shot replied, if the five lots were withheld, the City
Manager would entertain giving the person the other lots and a use permit to go in
and put fill and material around the edge of the pond so that it can be seeded. If that
happens, then perhaps it would be suitable for park use. Nord clarified, she was in
favor of having lots 21 through 27 retained for a park so there could be some area for
playground toys. Jackman asked if Administration thought there was ample space for
such equipment. La Shot answered, he couldn't speak for Parks and Recreation, but
PLANNING 8~ ZONING COMMISSION MEETING
MARCH 14, 2001
PAGE 2
thought they did envision a larger area than just the five lots. La Shot continued,
there had been no views from the City Administration on the issue other than all lots
not affected by water should be made available for sale.
Commissioner Bryson concurred with Parks and Recreation in that a buffer area is
needed on both sides.
MOTION:
Commissioner Bryson MOVED to concur with the Parks and Recreation Commission
that Lots 18 through 27 be retained for public purpose.
Chairman Goecke stated that he wasn't totally convinced that he liked the idea of a
pond being accessible for kids. Goecke considered the pond a safety hazard.
Jackman again asked for clarification on whether the Commission should first
determine whether the lots should be sold first then decide which ones should be held
for public purpose. Goecke replied that if part of what the Commission did was
against what Council decides, it wouldn't make any difference. Goecke added, the
Commission should determine whether or not the lots should be made available for
sale but the viewpoints should also be made known.
Commissioner Bryson called for point of order, as there was a motion on the floor
without a second. Commissioner Nord SECONDED the motion.
Bryson stated, the safety concerns were well founded, as there had been a problem
with ignoring ponds. Bryson pointed out that there is no park development plan
included, but thought that when there is one, consideration would be given to the
pond and the safety issues.
Councilman Frazer stated he talked with the proposed purchaser and it was noted the
dirt from the pond area was hauled out and mounded on Lots 1-5 of Block 11. The
proposed purchaser intends to move the dirt back to the pond area. Frazer added, the
drainage in that area didn't make the pond; it was just where the rainwater drains.
Frazer continued, another consideration would be if all of the lots on the backside
were taken out, the remaining utilities would have to come down Backwood Avenue to
serve Lots 14 and 1 in Block 10, and 1 through 5 in Block 11. Frazer added, the cost
of those utilities would be borne by those lots instead of both sides of the street, so
there would be some side effects on how these particular lots are treated.
Goecke stated the cost of running power would be pretty minimal considering what's
already there. Bryson stated the water and sewer was already in, the road was paved
and street lights were in so it was likely they would run the shallow utilities along the
side that they're serving rather than cut across so there wouldn't be much of a cost
difference. Discussion took place on the lots requiring utilities and it was determined
PLANNING 8~ ZONING COMMISSION MEETING
MARCH 14, 2001
PAGE 3
there wouldn't be many that are affected. Further discussion took place on the depth
. .
of the pond and what those levels were at certain times of the year.
VOTE:
Erwin Yes Glick Yes Nord Yes
Morse No Jackman No B son Yes
Goecke Yes
MOTION PASSED.
ITEM ?: PENDING ITEMS -- None
ITEM 8: CODE ENFORCEMENT -- None
ITEM 9: REPnRTS
9-a. City Council -Councilman Frazer reported that the agenda from the last
council meeting was in the packet and he was available to answer any questions.
9-b. Borough Planning -Commissioner Bryson gave a report on the KPB
Planning meeting held on Monday, March 12.
9-c. Administration -Public Works Manager La Shot announced the RFP for
the request for proposals for the update to the comprehensive plan had been sent out.
ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None
ITEM 11: INFORMATION ITEMS
11-a. Wince-Corthell-Bryson correspondence regarding ADOT/PF Kenai River
Bridge Access Road Pathway.
ITEM 12: COMMISSION COMMENTS & QUESTIONS
Commissioner Jackman stated she thought the Commission's decision to not put
lots up for sale in Inlet Woods properly addressed the safety issue concerns addressed
during the Commission's discussion of the matter. She recommended that if those
lots should be made available for sale, those issues be addressed. Jackman stated it
was the duty of the Commission to come up with solutions to the problem and to have
more positive guidance. Jackman reported she would not be present at the March
28~ meeting.
PLANNING & ZONING COMMISSION MEETING
MARCH 14, 2001
PAGE 4
. . . .
5-b. Discussion -Skateboard Park /Design and Equipment
Frates reported the School District had liability concerns in regard to the KCHS
students fabricating skateboard park units at the Commission's last meeting and as a
would not be building the equipment. Steiner reported many of the students were very
discouraged that the school was unwilling to support the project. Frates noted the
students would be building one unit but it just wouldn't be available for the city's use.
It was reported Representative Mike Chenault was very interested in the skateboard
project and would be meeting with city officials soon to discuss it. Councilwoman
Porter suggested a meeting with the parents be scheduled as well to determine whether
there will be support from them for the project.
A lengthy discussion ensued regarding a location for the skateboard park. Frates
recommended it be temporarily located at the south side of the Recreation Center,
along the gym. In this location, the program could be better monitored, would be close
to the police and fire departments, and the Teen Center snack bar would be accessible.
Frates made it clear the skateboard park would not be supervised but it would be
monitored.
MOTION:
Commissioner Gifford MOVED to recommend the skateboard park be temporarily
located at the Teen Center. Student Representative Steiner SECONDED the motion.
There were no objections. SO ORDERED.
ITEM b: NEW BUSINESS
6-a. Discussion -Kenai Multipurpose Facility/ Refrigeration Alternatives and
Considerations.
Frates referred to a memorandum included in the meeting packet discussing various
refrigeration alternatives and considerations for the multipurpose facility. Discussion
took place on commercial versus industrial systems and what may work best for the
facility.
Discussion took place on the City buying out the LLC. Councilwoman Porter
commented it had been discussed and would eventually happen. Commissioner
Sandahl stated he believed buying out the LLC should be a top priority.
6-b. Discussion -- Inlet Woods Subdivision Lots
Frates drew attention to the memorandum from Kim Howard (distributed at the
beginning of the meeting) reporting a request that had been made asking if Lots 18-27
in Inlet Woods Subdivision could be made available for sale. The Parks Commission
PARKS 8~ RECREATION COMMISSION MEETING
MARCH 1, 2001
PAGE 2
was asked to review the lots in question and to determine whether they believed the
lots are needed for public purpose or if they could be sold.
A lengthy discussion ensued regarding whether or not the lots were needed for public
purpose. Frates reminded the Commission that a motion was made on the issue on
January 6, 2000 that stated any lots deemed unsuitable for building as a result of
swampy area, should be recommended for use as a neighborhood park. Much
discussion took place at that time with regard to the exact location of the low area and
where the pond was situated. Frates pointed out the map included as Exhibit A
accurately reflected exactly where the pond and low area was situated. It was noted
that it was the corner lots the Commission considered for a park. Frates reported the
Public Works Manager indicated there was a lot of junk in that area.
Porter asked if it was Mr. Hall who was interested in purchasing the lots and Frates
confirmed that it was. Porter reported Hall had submitted a request to purchase 56
lots in the back of Inlet Woods Subdivision and had already submitted his earnest
money. Porter thought the appraisal of the properties would be coming received soon.
Frates also drew attention to the black area on the map (Exhibit A) which is a very low
area and the drainage from the swamp runs into that area. Frates added, in the
summer that particular area would be full of water and it freezes over in the winter.
Frates continued, the Public Works Manager indicated the area would never be filled
back in as that drainage is required. With that in mind, Frates asked the Commission
if a piece of playground equipment or a park should be located next to the pond.
MOTION:
Commissioner Sandahl MOVED to recommend Lots 18-27 in Inlet Woods Subdivision
be made available for sale. Commissioner Castimore SECONDED the motion.
VOTE:
Baxter Absent Gifford No Sandahl No
Castimore Yes Steiner No Hultber Absent
Wisniewski Yes
MOTION FAILED.
Porter confirmed that it was the recommendation of the Parks and Recreation
Commission that the lots not be sold. Sandahl stated that was correct.
Discussion continued and Steiner noted that an area like that would have a lot of
mosquitoes. Wisniewski stated the area almost looked like a gravel pit. Castimore
suggested Hall might want those lots in order to backfill them and added, the
overburden from that area would be buried and not hauled off to the dump. Castimore
thought the lots should be sold.
PARKS & RECREATION COMMISSION MEETING
MARCH 1, 2001
PAGE 3
Discussion again took place on the number of lots that Hall requested to purchase.
Porter noted the original number was 56 but that had increased with the lots being
discussed. Wisniewski asked if Hall would even consider setting aside an area for a
park in that area. Frates stated that he didn't know and Sandahl suggested Frates
have the City Engineer have a recommendation for Council in terms of potential
problems in that particular location. It was noted the issue would go to Planning and
Zoning and then to Council, so many factors would be considered. Porter noted she
would find out why Hall wants the lots.
Councilwoman Porter drew attention to Lots 8 and 12 which were also discussed in the
memo. The Commission was asked to determine whether or not those lots could be
sold or if they were required for public purpose. During discussion it was noted those
lots were not needed for public purpose.
MOTION:
Commissioner Castimore MOVED to recommend Lots 8 and 12 be made available for
sale. Commissioner Sandahl SECONDED the motion.
VOTE:
Sandahl Yes Castimore Yes Steiner Yes
Hultber Absent Baxter Absent Gifford Yes
Wisniewski Yes
MOTION PASSED UNANIMOUSLY.
ITEM 7: REP~RT~
7-a. Commission Chair - Wisniewski stated consideration should be given to
rebuilding and relocating the recreation facility within the next five years and that
perhaps the new facility could be located by the multipurpose facility. Discussion took
place on the needs of the growing community and the benefits of having a new facility.
It was suggested this item be added to the five-year plan. Frates was asked to have a
list of items for review at the next meeting.
?-b. Director -- Director Frates reported the following items:
• The Volunteer Reception would be held in April, however, a specific date
had not been set. He suggested a proclamation for the Buffington family presented at
the reception.
• A meeting was held with the Chamber Director to discuss the
Kenai/ Soldotna Chamber clean-up. A substantial donation was made by Unocal in
support of the program. The clean-up proposal was well received and everyone will
participate. The clean-up day will be held in May and there will be prizes.
PARKS 8~ RECREATION COMMISSION MEETING
MARCH 1, 2001
PAGE 4