HomeMy WebLinkAboutOrdinance No. 3417-2024Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3417-2024
AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $12,600 IN
THE GENERAL FUND FOR THE PURCHASE OF APPROXIMATELY 7.8 ACRES OF REAL
PROPERTY DESCRIBED AS TRACT B, KENAI BLUFF STABILIZATION SUBDIVISION FROM DAVID
W. SALTER TO BE RETAINED BY THE CITY FOR A PUBLIC PURPOSE AND DETERMINING THAT
THE PUBLIC INTEREST WILL NOT BE SERVED BY AN APPRAISAL.
WHEREAS, the subject real property to be purchased through approval of this Ordinance is described
as Tract B, Kenai Bluff Stabilization Subdivision, filed under Plat No. 2021-32 in the Kenai Recording
District; and,
WHEREAS, the subject property consists of a long rectangular tract covering lands from the top of the
Kenai bluff to the Kenai beach, which are tidally influenced and not suitable for development; and,
WHEREAS, the owner, David W. Salter, desires to sell the subject property to the City upon terms and
conditions, which include an executed maintenance easement on adjacent lots with sea walls constructed
by private parties on the subject property; and,
WHEREAS, the total purchase price for the subject property containing approximately 7.8 acres is
$12,000 with estimated closing costs not to exceed $600; and,
WHEREAS, the City works cooperatively with State of Alaska agencies to manage the Personal Use
Fishery on its beaches, which includes providing beach access, beach maintenance, and managing
issues such as litter, trespassing on adjacent private property, destruction of vegetated areas, fish waste
on the beach, and public life and safety issues; and,
WHEREAS, pursuant to Kenai Municipal Code 22.05.135 (a), the City may acquire property needed for
a public purpose on such terms and conditions as the Council shall determine provided that no purchase
shall be made until a qualified independent appraiser has appraised the property and given the Council
an opinion as to the fair market value of the land unless the Council, determines that the best interest of
the City will not be served by an appraisal; and,
WHEREAS, an appraisal does not serve the public interest for the subject property as the purchase price
is reasonable, consistent with other similar property purchases, and an appraisal would add an
unnecessary cost to the transaction; and,
WHEREAS, at its meeting on May 6, 2024 the Harbor Commission recommended enactment of this
Ordinance; and,
WHEREAS, the City Council finds that it is in the best interest of the City to acquire the property for the
public purpose of protection of marine wetlands, bluff stabilization, and management of the community
beachfront on Kenai North Beach and the Personal Use Fishery for a purchase price of $12,000 plus an
estimated $600 of estimated closing costs and without a recent appraisal.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 3417-2024
Page 2 of 2
Section 1. That the City Manager is authorized to purchase approximately 7.8 acres of real property
described as Tract B, Kenai Bluff Stabilization Subdivision from David W. Salter to be retained by the
City for a public purpose for a total purchase price of $12,000 on a form approved by the City Attorney.
Section 2. That the City Council finds that an appraisal does not serve the public interest for the
subject property as the purchase price is reasonable, consistent with other similar property purchases,
and an appraisal would add an unnecessary cost to the transaction.
Section 3. That the City Council further finds the acquisition of the subject parcel to be in the best
interests of the citizens of the City of Kenai and that the public interest shall be served by its acquisition
for the total costs including estimated closing costs of $12,600.
Section 4. That estimated revenues and appropriations are increased as follows:
General Fund:
Increase revenues —
Appropriation of Fund Balance $11=
Increase expenditures —
Land Administration — Land
Section 5. 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 6. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 15T" DAY OF MAY, 2024.
ATTEST:
Michelle er, M C, City Clerk
Approved by Finance:
C
Brian Gabriel Sr., Mayor
Introduced:
Enacted:
Effective:
New Text Underlined; [DELETED TEXT BRACKETED]
May 1, 2024
May 15, 2024
May 15, 2024
T� KrN�
City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-77941907.283.75351 www.kenaixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Terry Eubank, City Manager
FROM: Linda Mitchell, Planning Director
DATE: April 24, 2024
SUBJECT: Ordinance No. 3417-2024 — An Ordinance Increasing Estimated
Revenues and Appropriations By $12,600 In The General Fund For The
Purchase Of Approximately 7.8 Acres Of Real Property Described As
Tract B, Kenai Bluff Stabilization Subdivision From David W. Salter To
Be Retained By The City For A Public Purpose And Determining That
The Public Interest Will Not Be Served By An Appraisal.
The proposed Ordinance increases appropriations in the general fund to purchase the real
property described as Tract B, Kenai Bluff Stabilization Subdivision, filed under Plat No. 2021-32
in the Kenai Recording District, Third Judicial District, State of Alaska. The subject property is
approximately 7.8 acres and has a zoning designation of Conservation (C).
The subject parcel is located along the Kenai River bluff, west of the City's Wastewater Treatment
Plant. The adopted Land Management Plan has recommendations to retain parcels for
management and future expansion (if needed) of the Wastewater Treatment Plan, protection of
drainages and marine wetlands, and management of community beachfront on Kenai North
Beach and the Personal Use Fishery. The acquisition of the subject parcel is in alignment with
the recommendation.
The total purchase price is $12,000 with estimated closing costs not to exceed $600. The terms
and conditions of the land acquisition includes an executed maintenance easement for sea walls
constructed by private parties.
Pursuant to Kenai Municipal Code 22.05.135 (a), the City may acquire property needed for a
public purpose on such terms and conditions as the Council shall determine provided that no
purchase shall be made until a qualified independent appraiser has appraised the property and
given the Council an opinion as to the fair market value of the land unless the Council, upon
resolution so finding, determines that the best interest of the City will not be served by an
appraisal. An appraisal does not serve the public interest as the purchase price is reasonable,
consistent with other similar property purchases, and an appraisal would add an unnecessary
cost to the transaction.
At the upcoming May 6, 2024 Harbor Commission Regular Meeting, the Commission will provide
their recommendation on the enactment of this Ordinance.
It is in the best interest of the City to acquire the property for the public purpose of protection of
marine wetlands, bluff stabilization, and management of the community beachfront on Kenai
North Beach and the Personal Use Fishery for a purchase price of $12,000 plus an estimated
$600 of estimated closing costs and without a recent appraisal.
Thank you for your consideration.
Attachment
Aerial Map
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The City of Kenai I www.Lenaixity
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Ordinance No. 3417-2024
N, Land Acquisition
KENAI Tract B, Kenai Bluff Stabilization Subd.
Approximately 7.8 acres
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