HomeMy WebLinkAboutOrdinance No. 2802-2014CITY OF KENAI
ORDINANCE NO. 2802 -2014
Sponsored by: Legal
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 22.05.110- DETERMINATION AS TO NEED FOR PUBLIC USE, TO PROVIDE FOR
EXCEPTIONS TO THE REQUIREMENT THAT COUNCIL CONSIDER ACQUISITION
AND DISPOSAL OF RIGHT -OF -WAYS AND EASEMENTS BY ORDINANCE FOR PLATS
AND VACATIONS.
WHEREAS, as provided in KMC 14.10.010 - General, the City's Planning and Zoning
Commission first considers preliminary plats for subdivisions and right -of -way
vacations in the City; and,
WHEREAS, Kenai Municipal Code 14.05.010- Duties and Powers, provides that the
Planning and Zoning Commission acts in an advisory capacity to the Kenai Peninsula
Borough's Planning Commission with regard to approval of subdivisions plats and
right -of -way vacations; and,
WHEREAS, Kenai Municipal Code 22.05.110 - Determination as to need for public use,
requires any acquisition or disposal of public land to be approved by Ordinance.
WHEREAS, right -of -ways and easements are routinely dedicated to the City for public
use through the plating process without Council input; and,
WHEREAS, pursuant to Alaska Statute 29.45.140- Hearing and Determination, the
Council has 30 days to veto or consent to the decision of the Kenai Peninsula
Borough's Planning Commission to vacate a right -of -way or easement in the City; and,
WHEREAS, 30 days is not a sufficient amount of time for the Council to consider the
issue of a right -of -way or easement vacation by ordinance; and,
WHEREAS, amending KMC 22.05.110- Determination as to need for public use, to
except dedication of right -of -ways and easements through the plating process and
allow for such determinations in regards to right -of -ways and easements by resolution,
is consistent with the existing City and Borough process and resolves the timing issue
while continuing to allow for reasonable public input and consideration.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: That this is a code ordinance
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2802 -2014
Page 2 of 2
Section 2. Amendment of Section 22.05.110 of the Kenai Municipal Code: That
Kenai Municipal Code, Section 22.05.110- Determination as to need for public use, is
hereby amended as follows:
22.05.110 Determination as to need for public use.
(a) Whether land shall be acquired, retained, devoted, or dedicated to a
public use shall be determined by ordinance which shall contain the public use
for which the property is to be dedicated, the legal description of the property,
and the address or a general description of the property sufficient to provide the
public with notice of its location. This reouirement rinPC „r.t rn ';M'+ -f
(b) Whether land previously dedicated to a public use should be dedicated to
a different public use or should no longer be needed for public use shall be
determined by the City Council by ordinance, except in cases of vacation of
right -of -ways or easements which may be determined by resolution either of
which shall contain the new public use for which the property is to be dedicated
or the reason the land is no longer needed for public use, the legal description
of the property, and the address or a general description of the property
sufficient to provide the public with notice of its location.
Section 3. Severabilitu: 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. 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: That pursuant to KMC 1.15.070(f , this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of
December, 2014.
ATTEST:
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Sandra Modigh,, ity Clerk
,&IL >q�-' ";;
PAT PORTER, MAYOR
Introduced: December 3, 2014
Adopted: December 17, 2014
Effective: January 16, 2015
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"Villaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
MEMORANDUM
TO: Council Members
FROM: Legal Depat t9lent
DATE: November 26, 2014
SUBJECT: Ordinance No. 2802 -2014, Determination as to Need for Public Use
This Ordinance is recommended by the Legal Department to address what I believe is
unintended overly broad language in KMC 22.05.110- Detennination as to Need for Public Use,
which requires the City Council to act by ordinance when land is acquired, retained, devoted or
dedicated to a public use and vice versa when such land previously dedicated is no longer
needed. I raised my concerns with this section of Code at the November 19, 2014 Council
meeting indicating my intent to bring forth an ordinance to address it. This section of code
presents two main issues.
First, with regard to dedicating public roads and easements for public use through the plating
process, a very common way of dedicating public right -of -ways, Council typically does not act at
all. The plating process is handled by the City's Planning and Zoning Commission and the
Borough plating authority. A subdivision plat does not go before Council unless an exception or
waiver to City code is requested. Unless Council wishes to separately approve any subdivision
dedicating a road or easement for public use, I recommend this process be excluded from KMC
22.05.110 as provided in the accompanying Ordinance. Council would still act on the dedication
of any other property interest to the City for public use.
The second issue regards vacating a public right -of -way. This is also an issue initially handled by
City and Borough planning commissions, however, Alaska State Statute 29.40.140(b) provides
that after consideration by the Borough, the City Council has 30 days to veto the action. Thirty
days is not enough time to present and act on an ordinance given the City's packet schedule.
Amending code to allow for a resolution in this situation would allow sufficient time for Council
to act and still provide an opportunity for public input. Like dedicating right -of -ways through the
plating process, it does not appear the past practice of the City has been to follow a literal
reading of this section of code.
Your consideration is appreciated.
Y: \Ordinances & Resolutions \Ordinances\2014\Ordinance No. 2802 -2014 Determination Memo.docx