HomeMy WebLinkAboutOrdinance No. 2899-2016M
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 2899 -2016
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONDITIONALLY
DONATING CERTAIN FORECLOSED CITY OWNED PROPERTY DESCRIBED AS TWO
APPROXIMATE 1 '/4 ACRE PARCELS TO BE SUBDIVIDED FROM A PORTION OF THE
77 ACRE MORE OR LESS PORTION OF THE SE '/4 LYING EAST OF MOMMSEN
SUBDIVISION ADDITION NO. 2 SECTION 25, T6N, R12W (KPB PARCEL NO. 039 010
18) TO KENAI PENINSULA HOUSING INITIATIVE FOR THE DEVELOPMENT OF
RESTRICTED INCOME AND SENIOR HOUSING.
WHEREAS, Kenai Municipal Code 22.05.125, Grant or Devotion, allows the Council, by
Ordinance, to donate foreclosed real property that is no longer needed by the City for a
public purpose, to a non - profit corporation for consideration; agreed upon between the
City and grantee without a public sale if the devotion is advantageous to the City; and,
WHEREAS, Kenai Peninsula Housing Initiatives (KPHI) is a non - profit corporation with
a mission to provide low income, very lout income, senior and special needs residents
affordable housing options; and,
WHEREAS, there is a need for low income and senior housing in the City of Kenai; and,
WHEREAS, the City desires to support low income housing in the community; and,
WHEREAS, donating the subject parcels to KPHI at less than fair market value is in the
best interest of the City, and;
WHEREAS, conditions must be placed on the transfer or condition the transfer to ensure
low income and senior housing is developed or the property is returned to the City. In
the event of a land sale, to a for profit entity, the value of the property shall be
reimbursed to the City, if the sale occurs within twenty years after transfer to KPHI.
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. That the Kenai City Council hereby authorizes the City Manager to
execute, upon completion of a subdivision and necessary proof of financing for the
development, the transfer of title for the properties: two approximate 1 1/4 acre parcels
to be subdivided from a portion of the 77 acre more or less portion of the SE '/4 lying
east of Mommsen Subdivision Addition No. 2 Section 25, T6N, R12W (KPB PARCEL No.
03901018), to Kenai Peninsula Housing Initiatives, Inc. (KPHI), on a form approved by
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Ordinance No. 2899 -2016
Page 2 of 2
the City Attorney, for less than fair market value and for the sole purpose of developing
income restricted and senior housing.
Section 3. That KPHI must complete at its own expense all actions necessary for the
subdivision and development of the properties; and to provide proof of financing
sufficient for the projects as prior conditions of the transfer of title; and to pay all closing
costs and fees for said properties and said consideration to the City for the properties.
Section 4. That the Kenai City Council further finds the disposal of the parcels to be
in the best interests of the citizens of the City of Kenai and that the public interest shall
be served by disposing of the properties interest for less than the fair market value, in
accordance with the recitals above which are incorporated herein.
Section 5. That the Kenai City Council further finds that if the action items described
herein are not completed by May 26, 2020, the authorization to transfer the lands lapses
unless further authorized by the City Council.
Section 6. 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. The City Council hereby declares
that it would have enacted the remainder of this ordinance even without such part,
provision, or application.
Section 7. Effective Date: That pursuant to KMC 1.15.0700, this ordinance shall
take effect 30 days after adoption.
°" P
... OR TER, MAYOR
Introduced: June 1, 2016
Enacted: June 15, 2016
Effective: July 15, 2016
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""Villa 9e with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1IIII If
1992
MEMO:
TO: City Council
FROM: Rick Koch
ATE: May 26, 2016
SUBJECT: Ordinance Numbers 2898 -2016 & 2899 -2016, Conditionally Donating
Certain Foreclosed City Owner Properties
The purpose of this correspondence is to, respond to Council direction to the City Manager to
bring an ordinance to conditionally donate the properties referenced in the above described
ordinances to the Kenai Peninsula Housing Alternative.
Initially, Administration believed the donation of these properties could be made by Council
through a Council Resolution. Upon investigation by the City Attorney and Assistant to the City
Manager it was determined an ordinance was required.
Thank you for your attention in this matter.
HOMER
SELDOVIA
PORT GRAHAM
NANWALEK
ANCHOR POINT
NINILCHIK
CLAM GULCH
KASILOF
SOLDOTNA
KENAI
NIKISKI
STERLING
COOPER LANDING
MOOSE PASS
SEWARD
HOPE
KODIAK ISLAND
VALDEZ
CORDOVA
Toil Free
1 -800- 770.7917
Homer
(907) 235 -7911
(907)235 -6236
(FAX)
Central Peninsula
(907) 262 -6333
(907) 260 -4495
(FAX)
Seward
(907) 224 -8711
(9D7) 224 -7793
(FAX)
I
(INDEPENDENT LIVING CENTER
Promoting choice, independence and quality of life for persons and families living with disability.
P.O. Box 2474, Homer, Alaska 99603
(907) 235 -7911 • 1- 800 - 770 -7911
Fax (907) 235 -6236
www.peninsulailc.org
June 9, 2016
To Whom Ili May Concern
This is a letter supporting the donation of land from the City of Kenai to
Kenai Peninsula Housing Initiatives(KPH1) for the purpose of developing
a senior housing and low- income housing project. This donation would
be used to aaddress the need for both elder housing and affordable
housing in the City of Kenai.
ILC is an Aping and Disability Resource Center (ADRC) for the Kenai
Peninsula and we also service as the Center for Independent Living
(CIL) for the area. The agency's mission is to assist individuals to live as
independently as possible in the home and community of their choice.
One of theltop three barriers to independence for seniors and persons
with disabilities is lack of affordable and accessible housing. The others
are lack of ;affordable and accessible transportation and affordable
health care.
ILC is very lfamiliar with the services provided by KPHI and has worked
with representatives of KPHI over the years to address priority housing
issues. Se0or or elder housing and affordable housing for those with
low- income are such priorities. The Kenai Peninsula's senior population
continues to grow and is the largest in the state. There is a lack of
affordable 'safe housing for those experiencing disabilities. Safe,
affordable housing options are needed throughout the Peninsula.
I am asking for the donation of land from the City of Kenai for these
proposed projects. Should you have further questions, do not hesitate to
call me — 9;07- 235 -7911
Executive
( r)
]Awe 1NC
Love In the Name of Christ
0/ the Kenai Peninsulu
June 6, 2016
To Whom It May Concern:
LOVE INC of the Kenai Peninsula has been assisting our "Neighbors In Need"
throughout the Borough for 29 years. Over the past 8 years we have worked extensively
with those who are homeless or in imminent danger of becoming homeless. Without a
doubt, the lack of affordable housing in the Central Peninsula area is our biggest obstacle
in serving this population.
In an effort to better serve our most vulnerable population, Love INC would certainly
support the donation of land to Kenai Peninsula Housing Initiatives for the development
of a low- income and senior project in the City of Kenai. The addition of these two
housing projects would provide a valuable resource within our community.
In the past years, Love INC a 501 c3 non -profit ministry has shared a Memorandum of
Understanding with KPHL We hope to continue that collaborative effort, enabling us to
refer eligible families and seniors to KPHI for safe, affordable housing.
We wish them success in these projects and look forward to working with them in the
future.
Sincerely, p;
� ;
Leslie Rohr— Executive Director
I-OVE INC' ot'the Kenai Peninsula - PO Box 3052 Kenai. AK 9(461 1 90 293.525^
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