HomeMy WebLinkAboutRes2009-001Sponsored by: Oates
CITY OF SEVVARD, ALASKA
RF,SOLU'I'ION 2009-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SE`i'ARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO COMPLETE A
LAND TRADE WITH TIIE ALASKA VOCATIONAL TECHNICAL
INSTITUTE (AVTEC) BLOCK l5A FOR CITY OWNED BLOCK 6A
WHEREAS, the State of Alaska and the City of Seward are working together to
consolidate the AVTEC facility into one State-owned and managed unit by exchanging a portion
of said property with the City; and
WHEREAS, on April 5, 2007 the Planning and Zoning Commission approved
Resolution 2007-07 recommending Council approval of the conveyance of Block 6 to the State
of Alaska and found that the conveyance was in the public's interest and that the public health,
safety and welfare would he preserved; and
WHEREAS, on April 23, 2007 the Seward City Council approved Resolution 2007-037
authorizing the City Manager to begin negotiation with the State of Alaska for the disposal of
Block 6 in order to achieve terms satisfactory to both parties; and
WHEREAS, on September 8, 2008 the Administration presented the negotiated position
for the land exchange to Council; and
WHEREAS, Cline and Associates submitted, on behalf of the State of Alaska, a
preliminary plat increasing the square footage of Block 6 to 123,477 square feet and
decreasing the square footage of Block 15 to 21,723 square feet by creating Block 6A and
Block ] SA; and
WHEREAS, the preliminary plat was approved by the Seward Planning and "Coning
Commission on December 16, 2008 into the proposed configuration negotiated between City
Administration and AVTEC; and
WHEREAS, the current Block 6 is owned by the City of Seward and leased to the
State of Alaska until 2054; and
WHEREAS, the current Block ] 5 is owned by the Alaska State Department of
Natural Resources; and
WHEREAS, the value of the City of Seward obtaining permanent legal access to Two
Lakes Park outweighs the price and size difference between the two affected parcels.
CITY OF SEWARD, ALASKA
RESOLUTION 2009-001
NO~V, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, that:
Section 1. For the reasons stated in the recitals, which are incorporated as if fully set
forth herein, the City Council finds it in the public interest to complete a land exchange with
AVTEC for Block 15A, Federal Addition AVTEC Rcplat in exchange for city-owned Block
6A, Federal Addition AVTEC Replat.
Section 2. The City Council finds it in the public interest not to expend public funds
for an appraisal of the subject properties since the value of permanent legal access to Two
Lakes Park and the consolidation of the AVTEC facility into one State owned parcel
outweighs the difference in the values of the two properties.
Section 3. The City Manger is directed to exchange Quitclaim Deeds with the State
of Alaska upon completion of the following:
1. Seward City Council and Kenai Peninsula Borough approval of the Federal Addition
AVTEC Replat.
2. The Kenai Peninsula Borough reversionary clause on Block 15A is rescinded.
3. AVTEC provides written easements for the electric facilities serving AVTEC that are not
within the platted easements.
4. An access pcrmit is signed by AVTEC granting non-exclusive use for the public to use
Block 6A as egress from Two Lakes Park.
Section 4. The City Manager is directed to grant anon-exclusive permit providing
public access to the AVTEC facility across Block 15A.
Section 5. This resolution shall take effect 30 days following its adoption.
PASSED AND APPROVED by City Council of the City of Seward this 12`x' day of
January 2009.
THE CIT,~OF SF,WARD, ALASKA
;,
` Willard Dunham, Vice Mayor
AYES: Valdatta, Bardarson, Smith, Kellar, Keil, Dunham
NOES: None r.;gaaa~
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ABSENT: Corbridge ~, 6',`~-~." . ~ ,,, .~~A~
ABSTAIN: None ,~° ~ -. ~~.
A'f"I'ES"1'
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Jean Lewis
City Clcrk
(CITY SEAL)
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Council Agenda Statement
Meeting Date: January 12, 2009
From: Community Development Director Christy Terry
Through: City Manager Phillip Oates~'j
Agenda Item: A RESOLUTION AUTHORIZING THE CITY MANAGER TO
COMPLETE A LAND TRADE WITI-I TIIE ALASKA VOCATIONAL TECHNICAL
INSTITUTE (AVTEC) BLOCK 15A FOR CITY OWNED BLOCK 6A
BACKGROUND & JUSTIFICATION:
The City of Seward and the Alaska Vocational Technical Center (AVTEC) completed
negotiations to consolidate the AVTEC facility on Second Avenue into one State-owned
and managed unit. "1'he negotiated terms culminated in a proposed resubdivision and land
exchange of Block 6A and Block 15A. The City of Seward would own Block 15A
(21,723 square feet) and AVTEC would receive ownership of Block 6A (123,477 square
feet). The proposed configuration bencfits Seward by providing much needed permanent
legal access to Two Lakes Park and also supports AVTEC's continued growth and
positive economic, educational and social benefits to our community.
On April 5, 2007 the Planning and Zoning Commission approved Resolution 2007-07
reconunending Council approval of the conveyance of Block 6 to the State of Alaska.
The Commission found that the conveyance was in the public's interest and that the
public health, safety and welfare would be preserved. The Commission also found that
the conveyance was not contrary to the Comprehensive Plan or the Strategic Plan. The
Commission recommended that as a provision the Council require the State of Alaska to
provide a field assessment for existing and potentially required drainage features, utilities
and other features of the parcel, including entry and exit access to and parking for Two
Lakes Park in cooperation with the City of Seward staff, to be preserved by easement or
other forms of reservation prior to final platting.
On April 23, 2007 the Seward City Council approved Resolution 2007-037 authorizing
the City Manager to begin negotiation with the State of Alaska for the disposal of Block 6
in order to achieve terms satisfactory to both parties and including the Commission's
recommended provision.
On September 8, 2008 the Administration updated the Council on the outcome of the
negotiations and the Council directed staff to proceed with the following items:
• Pursue replatting the property per the Cline and Associates AVTEC replat dated
5/26/08
• Pursue conveyance of Block 6A to the State, consolidating State ownership of the
property under the AVTEC facilities on this site
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• Pursue the State's conveyance of Block 15A to the City, giving the City a
pernlanent ownership access to Two Lakes Park
• Pursue the State's conveyance of a 30-ft utility easement from A Street back to
First Avenue to the City, which is needed for regular power service and for
emergency power in the event of a tsunami
• The Borough must release the reversionary clause from Block 15A, so that the
City can use it for access to the park and not be limited to "educational purposes"
• Pursue entering into a simple access agreement allowing AVTEC to use that park
road for access to the back of their buildings on the new Block 6A.
On December 16, 2008 the City of Seward's Planning and Zoning Commission approved
the replat with the proposed configuration for the land exchange. However, the
Commission voted to send a letter requesting that Council again consider other lands in
exchange for Block 6. Council will find the letter and the draft minutes from the meeting
included in this packet.
The Borough Assembly reviewed Ordinance 2008-34, Authorizing the Repeal of an
Educational Use Deed Restriction with Reversionary Rights on a Parcel of Land in the
City of Seward that was Deeded to the State of Alaska by the Kenai Peninsula Borough
and referred this ordinance to the Planning Commission for review. "1'he Planning
Commission will address this item at their January 26, 2009 Regular Meeting. The
Ordinance will then return to the Assembly for approval. The State is working closely
with Borough staff to complete the repeal of the deed restriction.
CONSISTENCY CHECKLIST:
Where applicable, this resolution is consistent with the Seward City Code, Charter,
Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of
Procedures.
FISCAL NOTE:
The City council may dispose of interest in real property by negotiation. The city shall
not dispose of any real property interest without first making an appraisal of the fair
market values of that interest, unless the city council finds by resolution that the public
interest will not be served by an appraisal. (SCC§§ 7.05.120 and 7.05.150)
Approved by Finance Department:;;' Gz;~li~ 4~ - -~ £.t•'/,,G, L~',
ATTORNEY REVIEW: X
RECOMMENDATION:
Approval Resolution 2009- t~ ~ AUTHORI"LING THE CITY MANAGER TO
COMPLETE A LAND TRADE WITH THE ALASKA VOCATIONAL TECHNICAL
INSTITUTE (AVTEC) BLOCK 15A FOR CITY OWNED BLOCK 6A
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