HomeMy WebLinkAboutResolution No. 2020-01Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2020-01
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, RECOMMENDING
THAT THE KENAI PENINSULA BOROUGH ASSEMBLY NOT ENACT ORDINANCE 2019-24
SUBSTITUTE.
WHEREAS, Kenai Peninsula Borough Ordinance 2019-24, Adopting KPB 20.80, Subdivision
Private Streets and Gated Subdivisions, was introduced by the Kenai Peninsula Borough
Assembly on September 3, 2019; and,
WHEREAS, at its meeting of December 3, 2019, the Assembly amended Ordinance 2019-24 by
Substitute; and,
WHEREAS, Ordinance 2019-24 (Substitute) establishes standards and requirements for the
establishment of private streets in subdivisions in the Borough, both inside and outside of cities ,
either at the time of subdivision or by the owners of parcels along existing public street(s); and,
WHEREAS, O rdinance 2019-24 (Substitute) does not provide sufficient process for a home rule
municipality to control the establishment of private streets for new subdivisions within their
boundaries; and,
WHEREAS, within the City of Kenai, the City is responsible for road maintenance and other
services to its residents, which Ordinance 2019-24 (Substitute) has the potential to affect; and,
WHEREAS, Ordinance 2019-24 (Substitute) is not necessary as private streets within the City
and in other parts of the Borough have been approved in the past utilizing the exception process
provided in Kenai Peninsula Borough Code 20.50 and landowners wishing to establish private
streets in the future can utilize the same exception process that already exists; and,
WHEREAS , due to the lack of control that home rule municipalities would have over the
establishment of private streets within their boundaries if Kenai Peninsula Borough Ordinance
2019-24 (Substitute) were enacted, and given the fact that landowners already have the ability to
create private streets when developing a new subdivision through the exception process, the City
of Kenai cannot support the passage of Ordinance 2019-24 (Substitute);
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Council respectfully requests that the Kenai Peninsula Borough
Assembly not enact Kenai Peninsula Borough Ordinance 2019-24 (Substitute).
Section 2. That copies of this resolution shall be sent to Kenai Peninsula Borough Mayor
Charlie Pierce, Assembly President Kelly Cooper, and Assembly Members.
Resolution No. 2020-01
Page 2 of 2
Secti on 3. That this Resolution takes effect immediate ly upon passage .
PASSED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 15th day of January, 2020 .
BRIAN GABRIEL SR., MAYOR
ATTEST:
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210 Fidalgo Ave , Kenai, Alaska 99611-7794
Telephone : (907) 283-7535 I Fax : (907) 283-3014
www.kenai.city
MEMORANDUM
TO :
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager
January 8, 2020
Resolution 2020-01 Recommending the Kenai Peninsula Borough
Assembly not enact Ordinance 2019-24 (Substitute)
Kenai Peninsula Borough Ordinance 2019-24, Adopting KPB 20.80, Subdivision Private Streets
and Gated Subdivisions, was introduced by the Kenai Peninsula Borough Assembly on
September 3, 2019, and was amended by substitute at its meeting of December 3, 2019.
As written, this Ordinance does not provide a sufficient process for a home rule city to control the
establ ishment of private streets within their boundaries. Additionally, Ordinance 2019-24
(substitute) is not necessary as private streets within the City and in other parts of the Borough
have been approved in the past utilizing the exception process provided in Kenai Peninsula
Borough Code 20 .50, and landowners wishing to establish private streets in the future can utilize
the same exception process that already exists.
Without a provision specifically excluding first-class and home rule cities from Kenai Peninsula
Borough Chapter 20.80 "Private Streets and Gated Communities" or alternatively, amendments
to Ordinance 2019-24 (substitute) providing a process whereby municipalities can control the
establishment of private streets and gated communities within their boundaries, the passage of
Ordinance 2019-24 (substitute) is not in the best interest of the City of Kenai.
Your consideration is appreciated.