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Home My WebLink About1967-05-10 Council Minutes - Special Meeting' AOL40A CITY OF KSNtI SPECIAL COUNCIL M- ZU A MAY 10, 1967 8100 P.►3. le Canvass the Hallots of the Roqulsr City :leotion. &2. Appoint Actirot City Attorney. : r3. ftat Resolution #6745 Dodiontbg the total revenui from this land to support of the airport (Stolin Subdivision w Carr Shopping Center lits j 4. Approve .specifications for adverditing for sale or loose or Undq in the :tolin ;ubdivision. 1 " 1 E , I r I . KENA1 CITY COUNCIL WILTING MINWHS SPECIAL MHETING; ID MAY, 1907 Roll Call: Members present - Bob Bielefeld, Choster Cone, Roger Meeks, Gone Morin, Jams Carl Seaman and Mayor G. Dye; Members absent . Bud Lofstedt. 1. The Certified Election Returns of the Judges and Clerks were submitted to Vice :Mayor Morin along with 7 absentee ballots. Ballots were oponed,and added to the Election Judges Return, the canvass roads as follows: '11IR U YEAR CUUNCI L 'IERH LUSTER B. BONIN 37 A. L. "AL" HUDSON 76 JOIN HULILN 108 CILLY MCCANN 118 ROGER MEEKS 62 JACK WILLIFORD 52 ONE YEAR COUNCIL TERM o= CIORGH A. MDERSO11 76 FLOPINE A. MCCOLLUM 107 VICTOR G. TYLER 53 MUTILIATED BALLOTS 5 Mayor Dye inquired if•there.were any written or oral protests received and received a negative answer. Morin moved, Meeks seconded, in view of the absence of oral or written protests on election procedures, the canvass of the ballots be accepted as final and official. The motion carried unanimously. 2. There was brief discussion concerning the proposed absence of the City atty. Seaman moved, Cane seconded, to appoint James C. llornaday as Acting City Attys during the absence of James B. Fisher. Motion passed unanimously. 3. The City Manager presented Res. 67-15 and explained the necessity for its passage. Morin moved, Seaman seconded to adopt Res. 67-15 dedicating revenue from sale or lease of Etolin SID for Kenai grport Purposes. Motion carried unanimously. 4. There was considerable discussion on land -use of the airport parcels. The easement to the approach zone along the Kenai Spur is especially valuable for development; the engineer, Corthell, is preparing a plat showing the various tracts the City is asking to be released from FAA. Requirements for the sale or lease of land were also discussed. Seaman moved, Morin seconded, to put Etolin SID for sale or lease according to the specifications. Motion carried uanimously. Cone moved Morin seconded, to authorize the sale of, the Kenai Health Center Site continjent on the City's acquisition of the property. Motion passed unanimously. Council discussed the need for land for growth and expansion and deplored the high prices some property owners are asking for small lots in the East Addition. Meeting adjourned at 9:00 p.m. Ress ctfully sub:Ft44~ .7✓��J Frances Torkilsen City Clerk CITY OF KEHAI ..VW441r auili , "d, 1r �j ruilr'i'. r1«/alf „ 801 580 KENAI, ALMA — Tit. ?8IM$ �i.t,l Ii 1�.111• the %li tv i, ul 1,10, t 4 41 of :) 't„ . 19(17� :,, ,. „ 11 , Alasha, do lierooy uQrtify tnr t'ol Iow: nj to be ;I rutd ��rl- ► r��tun�: YI.,1{t COUNCIL Hilt : !I•• ,l�tL,l�� 'A� // /off ` ►til11.I � it '; I Ott i l � . :%VII.ILSON _ S A1VJ,,,Vl1T ISAI1/11'.. 1 I. I f -41 1. +1cCclWIN ONAI , V 1. FIr1QMtiWTT::�:'r;�z„rs,.._.... 1 4 j i p CITY OF KENAI BOX 580 KENAI, AJ.A3KA MAY loth, 1967 CONDITIONS APPLICABLE TO SALE OF 1-ASE ON THAT LAND NOW DESCRIBED AS THE ETOLIN 3UBDIVISION OF THE CITY OF KENAI, ALA3KA 1. The City of Kenai is the owner of that tract of land in Section 5, TSN, R11W, 3.M., City of Kenai, Alaska known as the Etolin Subdi- vision. The Federal Aviation Agency, pursuant to Public Law 81-311 (63 Stat. 700), has issued a deed of release for the Etolin Subdi« vision from the terms and conditions of the quit claim deed, dated December 10 1963, from the Federal Government to the City of Kenai., A condition cf the Federal Aviation Agency doed of release requires V-�i that atit and when the property is sold or leased, a complete description property must be publicly advertised and it must be sold or leased to the highest bidder. 2. The instrument used to convey the above lot will expressly include the following ravervations and covenantss A. There is hereby reserved to the City of Kenai, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the premises herein conveyed, together with the right to oauss in said airspace such noise as may be inherent in the operation of aircraft .N now known or hereafter used for navigation of or flight in the air using said airspace or landing at, taking off from or operating on the Kenai Airport= B. The Grantee by accepting this conveyance expressly agrees for itself, its heirs, representatives, successors, and assigns that it will not permit the eroationlof-OnjtaaVVQt4rpor objeet, nor'permit the growth of any tree on he 11conveyed hereunder whicb would be an airport construction within the standards established under the Federal Government Air Regulations# Part 77, In the event the aforesaid covenant is breached, the City of Kenai reserves the right to enter on the land conveyed hereunder and to out the offend- ing tree, all of which shall be at the expense of the grantee, or its heirs, successors, or assigns; C... The Grantee, by accepting this conveyance expressly agrees for itself, its.heirs, representatives, successors, and assigns that It will. -not. -make -use of the said property in any manner which might interfere with the landing and taking off of aircraft from the Kenai Airport or otherwise constitute an airport hazard, In the event the aforesaid covenant is breached, the Grantor reserves the right to enter on the land conveyed horeunder and cause the abatement of such interference at the expense of the Grantee*• 3• A public outcry sale will be had on the sale or lease of-Etolin Subdivision, Sity of Kenai, Alaska, on the 26th of May, 1967 at 2s00 P.M. AST at the City Hall in the City of Kenai. The bid shall be for a bonus rental to be paid forihe first year only, to be over and in addition to the establisked annual rate for that lot; the annual rental for each year thereafter shall be for r only the annual established rental. If tho land is approved for sales the cola price shall be that amount bid at public outcry bid including the published apprroisod dale value and any sum above the published appraisod sale valuo, No bid for loan dean the appraised value will be considered. 4# The annual rental for the lot Loaned at the Salo ahall be an published prior to May 20, 1967; any lot leased for a term of more than five years shall be uubjoot to rental inareaao or decrease at five year intervals, Ain lend into be loaned as one unit. In the event that the lot is not loaned .at the outcry cola, it shall be available for "over the counter" lease bogirining at 9:00 A.Ni, on the day immediately following the data of t ho hale; "over the counter" leases shall be also subject to rental increase or decrease at five year intervals. a. The lot is offered for leaso on an "as is, where is" basin; this Is an unimproved lot, although City Utilities (power, water and sewer) are located near by. The leaasoe of the lot will be required to book up to the City Water and ..ewer systems; normal municipal practicos for water and sewer service including•phyment of logal assessments will prevail. Hook lap to the City water main shall be at the expenso of the Lessee; construction shall most all City standards. In the event thst the City or others do not extend the water and/or sewer mains prior to t ho time that the lesson of the lot requires water a nd/or sewer service, the Lessee will extend that portion of the water and/or sower necessary to servica-tho lot, In accordance with the engineering plans and specifications now on file at the City of Kenai. The cost of any main eo extended shall be aredibod to water and/or sewer assessments for that lot; it is the intent that the Lessee shall not be required to pay an assessment for water and sewer more than the proper lot share for that district. i The cost of water and sewer service from the main to the prop- erty line, and from the property line to the buildinSp shall be at the expense of the Lessee; in addition a monthly service charge as established by the City shall apply. 6. The City shall cooperate to the extent possible for lot improve- ments;idesignated water areas with'n the airport boundaries may uti• lized for disposal of waste materials from the construction; fill material from established (or approved) borrow pits will be trade available on an "as is, where is' basis for development of the lots at no-cos.t......Tbe- City. reserves the right to select all routes to insure safety and prevent damage to City owned facilities, 7. The lot is descAbed as followss On* containing 10*113 cares, more•or-1ess, except that treat of land known as Kenai Health Center S to,, go known as tract C in the Quitclaim Deed of United .States of America to the City of Kenai, dated December 1, 1963• $. Bidders are advised to familiarize themselves with all of the conditions of this lease sale, of the property plats, of the City i Toning Ordinances and site conditions. The uses permitted shall be c.00ttiA those as defined under the "General Commercial Zone - 00 Zone." 9. The buyer agrees to commence development of the lot within two years of the completion of the lease. Commencement of development shall con- siet of improvements (site preporation and building construction) of a substantial nature. Buildings shall be completed within three years. In the event improvements, as above described$ are not completed or begun in the time specified the lease may be terminated by the City. 10. A lease will be offered for a term of up to 90 years; bidders will be required to submit a plan of use and development for approval by the Kenai City Council not later than 48 hours before the time of the open- ing of the bid. No bid will be received for which an approved develop- ment plan has not been submitted. 11. It is clearly to be understood that the lease fees or purchase price paid do not include the assessments for water and sewer and/or other improvements which may be made in the futuree such assessments for water and sewer shall be made at the time water and sewer is run to the property. Such assessments shall be paid as other assessments are paid in this aesoessment district. 12. The successful bidder will be re aired to reimburse the City of Kenai for the administrative expense estimated to be not more than $500,00) associated with this lease offering. 13. Leases so granted will not be assignable without the consent of the Kenai City Counoil. 11 CITY OF KENAI BOX 580 KENAI, ALASKA MAY loth., 1967 CONDITIONS APPLICABLE TO THE SALE OF A PORTION OF LANU NOW KNOWN AS THE KENAI HEALTH CENTER SITE, CITY OF KENAI, KENAI, ALASKA. 1. The City of Kenai is the owner of that tract of land known as the Kenai Health Center Site. The policy of the City Council of the City of Kenai re- quires that the sale of such property shall be at competitive bidding. 2. The instrument used to convey the above lot will expressly include the following reservations and covenants; A. There is hereby reserved to the City of Kenai, its successors and assigns, for the use and benefit of the public, a right of flight for the .p}Vage of aircraft in the airspace above the premises herein conveyed, to- gt Der with the right to cause 1n said airspace such noise as may be inherent in the operation of aircraft nowknow or hereafter used for navigation of or flight 1n the air using said airspace or landing at, taking off from, or operating on the Kenai Airport; B. The Grantee by accepting this coveyance expressly agrees for itself, its heirs, representatives, successors, and assigns that will not permit the erection of any structure or object, nor permit the growth of any trees on the land conveyed hereunder which would be an airport construction with- in the standards established under the Federal Government Air Regulations, Part 77,. In the event the aforesaid covenant is reached, the City of Kenai reserves the right to enter on the land conveyed hereunder and to cut the offending tree, all of which shall be at the expense of the Grantee, or its heirs, successors, or assigns; C. The Grantee, by accepting this coveyance expressly agrees for itself, fi heirs, representatives, successors, and assigns that it will not make use of the said property in any manner which might interfere with the landing and taking off of aircraft from the Kenai Airport or otherwise constitute an airport hazard. In the event the aforesaid covenant is breached, the Grantor reserves the right to enter on the land conveyed hereunder and cause the a- batement of such interference at the Grantee. 3. A public outcry sale will be had on the sale of the: Public Health Center Situ, City of Kenai, on the 26th. of May, 1967, at 2:00 P.M. AST at the City Hall 1n the City of Kenai. The sale price shall be that amount bid at public outcry, including the published appraised sale valueand any sum above the published appraised sale value, no bid for less than the: appraised value will be considered. 4. Ip the event the lot is not leased at the outcry sale, it shall be avail- ble for "over the counter" lease beginning at 9:00 A.M. on the day immediate- ly following the date of sale; "over the counter" leases shall be also sub- ject to rental increase or decrease at five years intervals. 5L 5. The lot is offered for lease on an "as is, where is" basis; this is an unimproved lot, although City utilities (power, water and sewer) are located near by. The leassee of the lot will be required to hook up to the City Water and Sewer system; normal municipal practio.es for water and sewer service including payment of legal assessments will prevail. Hook up to the City water main shall be at the expense of the lessee; construction shall meet all City standards. In the event that the City or others do not extend the water and/or sewer mains prior to the time that the lessee of the lot requires, water and/or sewer service, the Lessee will extend that portion of the water and/or sewer necessary to service the lot, 1n accordance with the en- gineering plans and specifications now on file at the City of Kenai. The cost of any main so extended shall be credited to water and/or sewer assessments for that lot; it is intent that the Lessee shall not berrequiredshare tothay an assessment for water and sewer more than the pro - The cost of water and sewer service from the main to the property line, and from the property line to the building, shall be at the expanse of the Lessee; in addition a monthly service charge as established by the City shall apply. 6. The City shall cooperate to the extent possible for lot improvements; designated water areas within the airport boundaries may be utilized for disposal of waste materials from the construction; fil.1 material J from established (or approved) borrow pits will be made available on an "as is, where is" basis for development of the lot, at no cost. The City reserves the right to select all routes to insure safety and pro - vent damage to City owned facilities. 1. This lot is described as follows: 1 D Tho Kenai Health Center Site on the Kenai Spur Highway in the City of Kenai, Alaska. The legal description is as follows: Track C, described in the QuitClaim Deed of United States of America dated December 1, 1963. A tract of land containing approximately 15 acres, beginning at the N E corner of the intersection of Main Street and Kenai Spur Highway as re- aligned , then East parralled along the North Highway line of Kenai Spurl Highway to the West Boundry of the Health Clinic property, North to the NVI corner of the Health Center property, then East along the North line of the Health Clinic property, then North to the intersection of the Street on the North side of of the Street on the••No'th of Aleyeska Sub- division, then West along the South side of said street to its intersec- tion with Main Street extended then South along the East side of Main Street, extended to the point of beginning. t 1 1 I I 1 1 r 1, t 1 i LrIL+ _ _ _ _ -__ I v�{X dWY:.7.'.VL'.'S �be::l �ti�s WiYtivti�.. C. •-eJ�Y. t.+oxe�- - �-ar�-rr _ �__ __._____._ 8. Bidders arc: advised to familiarize themselves with all of the con- 4itions of this lease sale, of the property plats, of the City Zoning 'it-; Ordinances and site conditions. The uses permitted shall be those: as defined under the "General Commercial Zone CG Zone" 9. The buyer agrees to commence development of ties lot within two years of the completion of the lease. Commencement of development shall consist of improvements (site preparation and building construction) of a sub- stantial nature. Buildings shnI I be completed within three years. In the event improvements, as above described, are not Completed or begun in the time specified the: lease may be terminated by the City. 10. A lease will be offered for a term of up to 90 years; bidders will be'required to submit a p-an of use and development for approval by the Kenai City Council not later than 48 hours before: the time of the opening of the; bid. No bid will be received for which an approved development plan has not been submitt4d. e3-\. It is clearly to be understood that the purchase price paid does not ".MI udo the assessments for water and sewer and/or other improvements which may be made in the future such as assessments for water and sewer sha shall be made at the time water and sewer is ran to the property. Such assessments shall be paid as other assessments are paid in this assess- ment district. 12. The successful bidder will be required to reimburse; the City of Kenai for the adminstrative exspense (estimated to be not more than $500.00) associated with this lease and offering. 13. Leases so granted will not be asignable without the: consent of City Council. -�- �PJ TTo RA 111woso-. v ,,,., A �� dank. WO d' *�l LLft%.4^1 it �546&*ft Ago" do- ;�Oouroe— ;boy O"'.r A 4-jv-tft. o. o WD -JVAA.W% , 44,ig A, the