HomeMy WebLinkAbout06112018 City Council Laydown - Bill Mans Letter to Council /80( /1 dawn
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William and Penelope Mans 37'I1 OVA 5
8620 Pioneer Drive
Anchorage, Alaska 99504
Council Members June 11, 2018
City of Seward
410 Adams Street
P.O. Box 167
Seward, Alaska 99664
Dear Council Member:
I am presenting the following information to you in writing and at the Public
Hearing on June 11, 2018 regarding Resolution 2018 — 053.
I am requesting that the Council postpone approval of Resolution 2018 — 053 until
the City Manager, Jim Hunt and his staff provide easements for public water,
sewer and electricity across the property at 408 Madison, Seward, Alaska to my
property at 501 5th Avenue. The property at 408 Madison still belongs to the City
of Seward.
Proper Hearing notices per Code 15.01.040 — Public hearings notice was not given
to us. The sale of the property located at 408 Madison may have considerable
impact on our property located at 501 5th Avenue.
The code 15.01.040. — Public hearings: Neighboringproperty owners notification. A copy 01
he public hcarino notice \hall he mailed to the applicant and to real property o\'nerz. of record on the Kenai
Peninsula t3orouzh assessor records v ithut a .11)0-foist periphcr!, of the parcel affected I the prop,:,,i
?etion. This notice ,hall he mailed 14,t . to the cl;tt, „I the lean . When a public
hearing is to be held regarding an amendment involving a change in text or major district boundary changes,
no notification of neighboring property owners shall be required. but notices shall be mailed to affected
property owners and displayed in at least three public places.
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I spoke to Mary Lutz on June 7, 2018 as the person identified as the high bidder
for the property located at 408 Madison Avenue, in the May 30, 2018 Seward
Journal.
She said that she was not aware of the Public Hearing on June 11, 2018. She also
said she was not aware of any potential easements or setbacks as noted below in
table 15.10.220 Development Requirements, r -. -ttnchment #1. I told her that
my sewer line crossed the property, 408 Madison, and the key boxes for public
water were also located on the 408 Madison property. Mary Lutz asked me if
there was any other connection available for the public sewer and I told her no.
The main public sewer line is in the alley between 4th and 5th Avenue.
Per Code 7.05.115 — Definitions.
Fair Market Value meas the highest price, described in terms of money, which
the property would bring if exposed for sale for a reasonable time in the open
market, with a seller, willing but not forced to sell, and a buyer, willing but not
forced to buy, ')oth being fully informed of all the nnrrincec fnr which the
property is h. ..i adapted or could be used See attachment #2. Page 1.
Per Code 7.05.510 — Easements and Rights - of— Way Paragraph A & B.
A. Subject to applicable provisions of the Kenai Peninsula Borough Code, Title
20, Subdivisions, the ity manager may, with regard to city land, negotiate
and execute rights - of—ways and easements not exceeding a term of 20
years.
B. The city manager may negotiate and execute the acquisition of rights —of—
ways and easements necessary for a utility, public improvement or other
public use except the city council shall, by resolution, approve acquisitions
involving cash considerations or exchange or real property valued in excess of
$50,000.
The City Manager has the authority to execute the easements across city land
necessary for a utility. See attachment #2, page 3.
The language in the Quit Claim Deed that is included in the Council Agenda, June
11, 2018 packet is helpful. But, designated easements before the 408 Madison
property is transferred to another person in the public would be more fair and
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ethical to insure all parties are aware of all and/or any restricted uses of the
property.
A letter was sent to Ron Long, Assistant City Manager, from our attorney outlying
our concerns and possible negative out comes by not providing utility easements
prior to the transfer of the property 408 Madison. See Attachment #3.
Sincerely,
ily-797017Acz,
Bill Mans
CC: David Squires, Mayor
Marianna Kiel, Vice Mayor
Ristine Casagranda, Council Member
Sue McClure, Council Member
Suzi Towsley, Council Member
Jeremy Horn, Council Member
James Hunt, City Manager
/Brenda Ballou, City Clerk
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. J
• Table Development Requirements
Zoning Districts Principally Residential Principally Commercial Principally Public
RR RI R2 R3 UR OR AC HC CB 1 RM INS P
Maximum Varies
Building Height 34 34 34 34 34 34 34 26 or 34 34 34 34 34
(ft.)(See Note 1, 34*
next page)
Minimum Varies Varies Varies Varies Varies Varies Varies
Buildable Lot 3.000 3,000 3,000 3.000 3.000 6,000 3.000
Size(sq. ft.)(See 20.000 None 10,00020,000None'None
to to to to to to to
Notes 2 and 7, 7,000* 7.000* 9.000* 9,000* 9.000* 9,000* 9.000*
next page)
Minimum Lot Varies Varies Varies Varies Varies Varies
Width(11.)(See60 or
Notes 3 and 7, 100 30 to 30 to 30 to 30 to 30 to 90*
30 30 to 100 100 None'None
60* 60* 90* 90* 90* 90*
next page)
(It.)(See Note 7, 20 20 20 20 20 10 None None 20 20 20 20
next page)except
Leirer and Tract
C-1 below
Minimum Front
Yard Setback
(ft.) for Leirer
Industrial
Subdivision and 20 20 20 20 20 20 10 None None 10 20 20 20
Alaska Skill
Center Tract C-1
only.(See Note
7, next page)
5or5
min. 10 5 5 5 i None 10 10 10 20
(ft.)(See Notes 4 with 15
and 7.next page) * total*
10 10 10 10 10 10 None None 20 10 10 20
(See
Note 7,next
page)
y` CtirneArr, /
Zoning Districts Principally Residential Principally Commercial Principally Public
RR Rl R2 R3 UR OR AC HC CB 1 RM IINS P
Minimum Rear
Yard Setback None,
(ft.)(See Notes 5 10 10 10 10 10 1H 5 and None 10 i 0
and 7,next page) 10*
Maximum
Accessory 20 20 20 20 20 20 20 20 1 3..1 20 34 20
Building Height
(ft.)
Mayinnu :
(See Note 6,next 30 15 35 40 -10 50 50 100* 100 100 30 50 10
page)
•
• (Ord.2008-006, § 1.2008;Ord.No. 2012-002. § 1.5-29-2012)
• Table 15.1(1_220. Development Requirements—Notes
• NOTE 1. Within the HC District, in the area bounded by Fourth Avenue.the southern
boundary of the South Harbor Uplands-Tract H, Waterfront Park Replat,the harbor basin
and J Float Ramp,building height is limited to 26 feet.
• NOTE 2.
• A.
• Buildable/useable area—Lot may have to be larger to have minimum buildable area available.
• B.
• In the RI, R2, R3, UR,OR ,AC and CB Districts,from the Seward Highway/Phoenix Road intersection
South,to include the Bayview Subdivision,3,000 SF and north,6,000 SF with 30 and 60 foot minimum
frontages respectively, for single-family residences.
• C.
• A single RR lot may be divided into two lots of less than 20,000 SF each if the reduction below 20,000 SF is
to accommodate required widening of an adjacent right-of-way.
• D.
• In the RI,R2,R3, UR,OR,AC and CB Districts, individual lots of at least 3,000 SF in the Original
Townsite, Federal Addition, Laubner Addition,Cliff Addition and Bayview Addition may be developed for
single-family residences provided all other development requirements of this chapter are met.
• E.
2 ors
. r
• Multi-family developments with three—four units require a minimum of 9,000 SF in the R3,UR,OR,AC
and CB Districts and 20,000 SF in the RM District. All said districts require an additional 1,200 SF per unit
of five or more units.
• F.
• Two-family or duplex developments require a minimum of 6,000 SF in the R2, R3, UR,OR, AC and CB
Districts and 20,000 SF in the RM District. Duplex developments within the Federal Addition Subdivision
require 5,000 SF. All other development requirements of this chapter shall be met.
• NOTE 3. See Notes 2-D and 2-E above.
• NO I I. 1. 1 tom Scatd iiiLli'virk Road intersection -South. ,t lits Ioui betl�,irk.
each side: north,a minimum Live-foot setback each side as part of a combined 15-foot
setback total between both sides.
• NOTE 5. In the HC District,parcels abutting mean high tide—No rear yard setback; parcels
abutting the waterfront boardwalk—Five feet;and parcels not abutting the waterfront
boardwalk or mean high water mark—Ten feet.
• NOTE 6. Excludes setbacks in HC and 1.
• NOTE 7.In the Industrial District,no minimum lot size, width or setbacks are required for
unmanned electronic sites.
• NOTE 8.Tract D of USS 1864 Jesse Lee Home Subdivision shall not be used for any uses
other than those allowed in an RI district,except for a long term care facility, aka skilled
nursing care facility.
• (Ord.2007-009, § 1,2007;Ord.No. 2016-009, § I, 1-23-2017;Ord.No. 2017-002, § 1, 5-22-2017)
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• Chapter 7.05.-Acquisition and Disposal of Real Property"
• Article 1.-Generally
• 7.05.110-Adoption of provisions and statutory authority.
These regulations are adopted by the city council pursuant to authority vested in that body by the
charter of the city and by the Alaska Land Act,AS 38.05.820.as amended.
(Ord.98-04)
• 7.05.115-Definitions.
For purposes of this chapter,the following terms defined have the meaning provided below unless the
context requires otherwise.
Acquisition means to obtain ownership or interest in and to hold real property within or outside the
city boundaries by purchase,gift.donation,grant.dedication,exchange,redemption, purchase or equity of
redemption, operation of law, tax or lien foreclosure,adverse possession.condemnation or declaration of
taking, annexation, lease or by any other lawful means of conveyances.
City means the city of Seward.Alaska.
Disposition means the transfer of city interest in real property by warranty or quitclaim deed,
easement,grant,permit, license,deed of trust, mortgage,contract of sale of real property. plat dedication,
lease,tax deed, will,or any other lawful method or mode of conveyance or grant.
Encroachment means any obstruction in,or intrusion into a delineated floodway,right-of-way,
easement,or public land or associated airspace.
Essential terms and conditions means a description of the real property involved; the length or term of
a lease;the sale, purchase or lease amount;any special deed restrictions or covenants;and any special
development requirements.
Fair market value means the highest price,described in terms of money,which the property would
bring if exposed for sale for a reasonable time in the open market,with a seller, willing but not forced to
sell,and a buyer,willing but not forced to buy,both being fully informed of all the purposes for which the
property is best adapted or could be used.
Real property interest means any estate in land, including tide and submerged lands,or improvements
thereon. Rights-of-way,encroachments or easements wherein no warranties are made and title is not
transferred are regarded as not involving the disposal of a party's interest in real property;thus, the
execution of such documents are exempt from provisions of charter cction_I_2.3(b)and wetion 7.0-7,.110,et
seq.of this chapter.
Structure means any improvement,constructed or erected on or attached to the ground or another
structure, including,but not limited to,awnings,refuse container racks,towers, sheds, signs and fences.
Submerged lands means those lands covered by tidal waters between the line of mean low water and
seaward to a distance of three geographical miles,or as may hereafter be properly claimed by the city.
Tidelands means those lands which are periodically covered by tidal waters between the elevation of
mean high water and mean low water or are contained within a recorded Alaska Tideland Survey.
(Ord. 98-04;Ord. 98-05)
• 7.05.120-Alternative means of real property acquisition or disposition.
The city council may acquire or dispose of an interest in real property by negotiation, public auction,
or sealed bid.
(Ord. 98-04)
• 7.05.125-Public hearing and notice.
Prior to disposition or acquisition of a real property interest by negotiation, public auction or sealed
bid,a public hearing shall be held.Notice of the public hearing shall be published in a newspaper of general
circulation in the city and shall be posted in at least three public places within the city. Both posting and
publication shall be done at least ten days prior to the hearing.
(Ord. 98-04)
• 7.05.130-Terms and conditions to be made available.
The notice of public hearing shall indicate where the public may obtain the essential terms and
conditions of the proposed acquisition or disposition.A copy of the terms and conditions shall be
maintained for inspection at the office of the city clerk for at least ten days prior to the hearing.
(Ord. 98-04)
• 7.05.135-Authorizing resolution to approve terms and conditions.
At any time after the hearing required in ,ection 7.0.123,I'3, the council shall make a finding in an
authorizing resolution that the essential terms and conditions and the method of acquisition or disposition
are in the public interest.
(Ord. 98-04)
• 7.05.140-Posting copy of resolution.
Upon adoption of a resolution approving an acquisition or disposition, the city clerk shall cause a true
copy of same to be posted for at least 30 days in at least three public places within the city.
(Ord.98-04)
• 7.05.145-Effectiveness of resolution.
Objections to a resolution approving a real property acquisition or disposition may be made at any
time until the resolution becomes effective. Unless rescinded or amended,any resolution adopted under this
chapter automatically becomes effective 30 days after passage and posting.
(Ord.98-04)
• 7.05.150-Appraisal.
(a)
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• 7.05.230-Resolution accepting bids.
After a sale has been conducted by public auction or sealed bid,the council, by resolution with or
without public hearing, may approve all public sales of real property based on the bids received,and shall
approve any purchase agreement prior to its execution by the city.The approval of any public sale by the
council authorizes the city manager to take all steps and execute all instruments to complete and close the
sale.
(Ord.98-04)
• Article 3. Short-Term Lease Negotiation
• 7.05.410-City manager authorized to negotiate short-term leases.
Nothing in this chapter shall prevent the city manager from negotiating short-term leases of city
property subject to council approval at the next regularly scheduled city council meeting. Such leases shall
not be subject to the public hearing process,shall not exceed 120 days in length, and shall contain no
provisions for optional terms. The resolution approving such a lease may be signed and adopted
immediately provided the lease form contains a provision stating that the lease is subject to suspension
during the first 30 days after passage of the resolution if a sufficient referendary petition is filed in
accordance with sc�.�1 ion-1.fi of the City Charter.
(Ord. 520, 1984;Ord.610, 1988;Ord.92-05)
• Article 4.-Encroachments,easements and rights-of-way
• 7.05.510- Easements and rights-of-way.
A.
Subject to applicable provisions of the Kenai Peninsula Borough Code,Title 20, Subdivisions, the city
manager may,with regard to city land,negotiate and execute rights-of-way and easements not exceeding a
term of 20 years.
B.
The city manager may negotiate and execute the acquisition of rights-of-way and easements necessary for a
utility, public improvement or other public use except the city council shall,by resolution,approve
acquisitions involving cash considerations or the exchange or real property valued in excess of$50,000.00.
C.
Any other rights-of-way and easements shall be granted or acquired only upon approval of the city council.
D.
The city manager may,at the direction of the city council convey,quitclaim,release,cancel,or otherwise
relinquish any real property easement, right-of-way,permit or license the city may have or hold for the
purpose of installing,constructing or maintaining a public improvement or utility, whenever the interest is
no longer used or useful for that purpose.
(Ord. 92-05;Ord. 98-05;Ord.No. 2008-018, § 2, 11-24-2008)
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LAW OFFICE OF June 4,2018
OWEN SHORTELL
Ron Long
Assistant City Manager
410 Adams Street
P.O. Box 167
Seward, Alaska 99664
645 G Street,Ste 100-926
ANCHORAGE,AK 99501
tc,1 (907)341-9636 Re: Sale of property located at,408 Madison Street., Seward,
ennui shortellaklaW@gmail,.c0m
Alaska.
Dear Mr. Long,
I am writing this letter in regard to the property located at 408
Madison Street in Seward.The sale of the property; presently
owned by the City of Seward ("City") via the kenai Peninsula
Borough ("Borough"), is in the bidding process.The property
was originally owned by Darwin Woods, and was seized by the
Borough in lieu of a tax debt. It was later transferred to the
City in July of 2014.
The City has undertaken the sealed bidding process.To date,it
appears that the City has accepted one of the bids,but has not
yet given final approval. Consideration of the approval for the
bid is presently scheduled for consideration at the city counsel
meeting to be held on June 11,2018.
My client,Mr. Bill Mans, owns the properties located at 501 5th
:Avenue and 507 5th Avenue. Mr. Mans' properties are adjacent
on two of the lines of the presently undeveloped lot at 408
Madison.The property at 408 Madison presently contains a
right-of-way for the utilities that service Mr. Mans'property,
including water, sewer; and electrical to 501 5th Avenue.
It.appears that on prior occasions Mr. Mans has requested that
the Seward utility provide him with utility easements for the
three utilities that service his properties. Mans has contacted
your office and has offered testimony at.prior city counsel
meetings to address the issue to no avail.To date,Mans has
received no affirmative indication that the City will take any
action to provide him with utility easements on the adjacent
property.To his knowledge, the city has also refrained from
taking any action notifying the prospective buyer of those
utilities on the property and how they might effect the value of
tile parcel.
The unwillingness to provide my client with utility easements
on the property is troubling for three reasons.
First, the utilities presently situated on the 408 Madison plot
service my client's parcel at 501 5th Street.This makes my
client's property the dominant parcel and the adjacent
property servient to the utility necessities of my client's
property.Were my client to experience any limitation or
cessation of utility service for even a short time he would be
put to significant expense in making arrangements to remedy
the situation.
Secondly,with the title of the parcel at 408 Madison not
reflecting the utilities on the property,my client has significant
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concerns as to whether the prospective owner is aware of the
potential limitations on property development.Were the new
owner unaware that the property has certain material
limitations regarding the development of the property, that
owner may likewise be put to significant expense to clear title
and clarify the conferred ownership and development rights.
Third, in the event the new owner of 408 Madison were
unaware of the limitations at the time of purchase, it would
likely be left to ME Mans and the new owner to resolve the
issues amongst themselves.This could lead to significant
deterioration of value on both properties. It could also lead to
litigation amongst the parties,with the potential for joining the
city as a third party litigant.
Mr. Mans'request is simple, he would like the bidding process
as well as the new deed to reflect his property rights in the
utilities that run both on and underneath 408 Madison.This
can be accomplished several different ways.The city may
record a utility easement on the 408 Madison property prior to
approving the bid.The city may inform the new buyer that the
property will likely be materially limited by Mans interest in
the adjacent parcel. Preferably with a copy of the
correspondence and instruction to Mans.
My client's intention is to avoid a long and costly process, the
expense of which would likely be borne by himself and the
new buyer. It would be particularly troubling considering these
are foreseeable issues that can easily be addressed prior to the
City transferring the property to its new owner. It would
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likewise avoid any future zoning or variance issues that might
arise.
If the City is disinclined to act,my client is weighing his legal
options prior to the finalizing of the property transfer.This may
include recording of sufficient notice to the purchaser or the
seeking of an injunction.
If you have any questions please contact me as soon as possible
to discuss this matter. Likewise, if you have a proposed
compromise I would be happy to discuss it with you.
Sincerely Yours,
S>4Aib SiAJT
-Owen Shortell
Law Offices of Owen Shortell
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