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HomeMy WebLinkAboutOrdinance No. 2178-2006~ ~ ~~/~~ CITY OF KENAI Suggested by: Administration ORDINANCE NO. 2178-2006 AN OI2DINANCE OF TH~ COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT CERTAIN CITY-0WN~D LAND, DESCRIBED AS TRACT A, PARK VIEW SUBDIVISION (PARCEL NO. 04701018J, CONSISTING OF 2.092 ACR~S AND SHOWN ON THE ATTACHED MAP, IS REQUIRED FOR A PUBLIC PURPOSE. WHEREAS, the City of Kenai acquired property in 1967 (from a State of Alaska patent) identified as Tract A, Park View Subdivision (Parcel No. 04701018); and, WHERF.AS, Ordinance No. 919-84 found that the property was not required for a public purpose and be made available for lease or sale; and, WHEREAS, the City recently received a request to purchase the property; and, WHEREAS, because Ordinance No. 919-84 determined the property was not needed for a public purpose over 20 years ago, the City Manager requested that the Parks and Recreation Comnussion and the Planning and the Zoning Commission give recommendations so that Council can re-determine whether or not the property is needed, or not needed, for a public purpose; and, WHEREAS, the unanimous recommendation of the Parks and Recreation Cormnission was that the property Ue retained for public purpose and the reasons cited included its proximity to the beach, Municipal Park and the little league fields, and, additionally, the property could be used for other designated City use, i.e. museum, overflow parking lot for the dip net fishery, or a future park; and, WHEREAS, the Kenai Planning and Zoning Coiuuiission voted 3 to 2 to retain the property for a public purpose; and, WHEREAS, KP/IC 22.05.050 provides far the dedication of lands for a public purpose if so determined by the City Council. NOW, THEREFOR~, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that certain City-owned land, described as Tract A, Park View Subdivision, (Parcel No. 04701018L consisting of 2.092 acres is required for a public purpose. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of August, 2006. ATTEST: Carol . Freas, City Clerk PAT PO,k2 ER, MAYOR ~ Introduced: July 19, 2006 Adopted: August 5, 2006 Effective: September 5, 2006 Attachments Approved by Finance: ~ (7/13/2006)kh emorandum Date: July 13, 2006 ~To: Rick~R. Koch, CityMauager ~ ,, From: Kim Howard, Assistant to City Managex V JI~ r RE: Tract A, Park View Subdivision (1'arcel #04701018) We have received a request to purchase Tract A, Parlc View Subdivision. T'he property consists ~~~ of 2.092 acres and is adjacent to South Spruce Street. A vicinity map is attached. KMC 22.05.010 and 22.05.030 require that disposal or saie of Iands shall be made only when, in the judginent of the City Council, sueh lands aze not required for a public purpose. Ordinance No. 919-84 allowing the sale was passed by Council and was effective on April 7, 1984. A sale was never finalized. (A saie would be by competitive bid at not less than the fair market value.) Given tl~at the Council detennined the properry was not needed for a publie purpose ovex 20 years ago, you asked for the Commissions' recommendations so that Council can re-detersnine whether or not the property is needed, or not needed, for apubiic puiposc. 'I'hose recommendations are attached. KMC 22.05.050 (a} states, "Whether land shall be acquired, retained, devoted, or dulicated to a pubtic use sha11 be determined by ordinance which shall contain the public use far which said property is to be dedicated, the legal description of the property, and the address or a general description of the properry suf,tlcient to provide the public with notice of its location." Attached is v2 ordinance for introduction stating the properry is needed for a public purpose for Cotimcil consideration. Cc: Janie Odgers Attachments /kh ~ ~ ~ Suggested by: Administcation CITY OF KENAI OR[SYNANCE N0. 919-84 AN ORDINANCE ~F THE COUNCI~ ~F THE CITY ~F KENAI, AIASKA, FINDING THAT CERTAIN CITY-OWNED LANDS ARE NOT REQUIRED FOR A PUBLIC PURPOSE. WHERERS, KMC 22.05.010, .~30, and .050 requires that the Council shall determine whether certain City-owned properties are needed for a pu6lic purpose, and 4dHEREAS, the disposition or sale of such lands shall be made only upon finding that said property is not needed far a public purpose, and WHEREAS, an appiica±ion for purchase has been ceceived by the City for a specific tract previously dedicated for. park and recreation uss, and WHEREAS, the Kenai Advisory Parks & Recreation Commission later recommended that this property was not needed for park and ' ' recreational purposes, and WHEREAS, this City-owned tract was subdivided for the sole purpose of disposition or sale to interested parties. NOW9 THEREFORE, BE IT ORDAINED BY THE COUNCIL OF TNE CITY OF KENAI9 RLASKA, as follows: Section 1: The described City-owned land is not needed Far a public purpose and is available for lease or saleo iract A, Park View Subdivision PASSED BY THE COUNCIL OF TNE CITY OF KENAI, A~ASKA, thi.s 7th day of March, 1984. TO' WAGON , MAYO ATTEST: ___(~,~,~ ~f~~,,, Ja~t Whelan, City Clerk // First Reading: February 15, 1984 Second Reading¢ March 7, 19B4 Effective Date: April 7, 1984 .~ ~"~, "5-~ ~~ ~° _ t~aea~of'/ KENA~ SKA ~~!/ifla9e wit~r a Past, Gc~ cvit~i a Fr~t~sYe `~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ Telephone: 907-283-7535 / FAX: 907-283-3014 ~II~~~ 1992 M~~o^ TO: Rick Koch, City Manager t! _~# FROM: Marilyn Kebschuli, Planning Administrator THRU: Jack La Shot, Public Works Manager~~..,~~-- t DATE: July 13, 2006 SUBJECT: Tract A, Park View Subdivision At their meeting on July 12, 2006, the Planning and Zoning Commission voted 3 to 2 to retain the above-referenced property for a public purpose. The discussion included the following comments/concerns: • Concurrence with Parks & Recreation Commission's recommendation. . Noted the parcel has significant value and possibly should be sold. • Noted need for additional parking during dip net season. • Noted that it is unlikely the City will be able to obtain additional permits to fill areas for parking on the beach. • Concern that with the Kenai Care Center and Women's Resource Center in the area that a public use may not be appropriate. • Concern that Mr. Evenson's access to his property may be compromised if the parcel is sold. . Commented that the City has a significant number of parks. ~ ,~~i~l~9e c.~it~r ~~'~~~ Gc y r.~°c`t~ a F~i~~r~~'e„ .~~~~,_ 210 Fidaigo Avenue, Kenai, F~laska 99611-7794 '~,~~ ~_. Telephone: 907-283-7535 / FAX: 967-283-3014 ~~~ . ,.,yyy .:=A~._ 7992 tkC G[Cy 0 f ~Et~A~ A~IfA ~ ~ T~: Marilyn Kebsr,hull, Pianning Rdministr~tor F~~~: Robert J. Frafies, Parks and Recreation DirecT r I~~TE: July 12, 2006 Std~J~~"i: Tract A, Park View Subdivision At their last regular scheduled meeting of Thursday, Ju1y 6th, #he Parks and Recreation Commission recommended that the above-referenced praperty be retained for a public purpose. Reasans cited included its proximity to the beach, Municipal Park and the little league fields. Additionally, the property couid be used for ofher designated city use, i.e. museum, overflow parking for dip net fishery, or a future park.