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HomeMy WebLinkAbout06112018 City Council Laydown - Bill Mans Letter to Council /80( /1 dawn 2e,; D46'1- 053 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. 1 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 2 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 3 . 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) 3 E3 e • 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) 2 ' • • 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) �' vc 3 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 2 o F 4 Page 2 e 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 3 e7 c 4 Page 3 ti • . 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 4' a( 4 Page 4