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CITY OF SEWARD, ALASKA
RESOLUTION 2016-073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, RESCINDING AND REPLACING RESOLUTION 84-104
APPROVED BY THE SEWARD CITY COUNCIL ON AUGUST 31, 1984,
AND AUTHORIZING THE TRANSFER OF PARCEL A-1 SPRING CREEK
CORRECTIONAL FACILITY, TO THE STATE OF ALASKA
DEPARTMENT OF NATURAL RESOURCES, AS THE SITE OF THE
SPRING CREEK CORRECTIONAL FACILITY, SUBJECT TO A
REVERSIONARY INTEREST BY THE CITY OF SEWARD
WHEREAS, the Seward City Council held a public hearing and authorized the transfer of
Parcel A, Spring Creek Correctional Facility, and Tract "E" Fourth of July Creek Tracts, to the State
of Alaska Department of Natural Resources, on August 31, 1983 via Resolution 84-104; and
WHEREAS, when the 1985 legislature failed to fund construction of the prison facility, the
land transfer did not take place, but the parties instead entered into a lease/purchase bonding
agreement in which the City agreed to convey the land to the State once the bonds for construction of
the prison facility were paid off, subject to a reversionary clause, in which the land would transfer
. back to the City if the facility ceased being operated as a correctional facility; and
WHEREAS, the bonds to finance the facility were paid off in September, 2006, but the land
transfer has not taken place because the State, until now, has maintained that despite the original
agreement it could not accept ownership of land subject to any reversionary interest; and
WHEREAS, the parties desire to transfer the land under slightly different terms than
originally contemplated, and desire to establish a clean historical record of changes that have
occurred on the property since the agreement to transfer the land was originally established; namely,
to account for the City's construction and ownership of a water storage tank, sewer lagoon, and
various utilities on the site by carving those off from the ultimate land transfer; to eliminate blanket
easements and replace those with dedicated easements and accesses; to replat the property in order to
clarify the responsibility of the parties with regard to the utilities; with the City maintaining
ownership of Tract E-1 and transferring ownership of Parcel A-1 to the State, subject to the City's
reversionary interest; and
WHEREAS, the State Department of Law opined on October 17, 2016 that the public
hearing held in conjunction with Resolution 84-104, in that it addressed a conveyance for a state -
financed facility that was not built, did not apply to a conveyance for the City -financed facility that
was built, necessitating an additional public hearing and clarification of the transfer of a smaller
quantity of land, specifically Parcel A-1 now being conveyed; and
CITY OF SEWARD, ALASKA
RESOLUTION 2016-073
WHEREAS, the new plat showing the specific parcels and easements, the quit claim deed
providing a legal description of the land transfer, this resolution and this public hearing will satisfy
the requirements of the parties and establish for the record the basis for the land transfer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The following described real property owned by the City of Seward, shall be
conveyed to the State of Alaska, Department of Natural Resources, for the purpose of operating and
maintaining a long-term maximum security correctional facility, subject to reversion to the City if the
facility is not used for that purpose:
PARCEL A-1 Spring Creek Correctional Facility Replat No. 1,
according to Plat 2016-8, filed September 29 2016, in the Seward
Recording District, Third Judicial District, State of Alaska,
containing 292.093 acres more or less.
Section 2. The attached Quitclaim Deed is incorporated herewith.
Section 3. This resolution rescinds and replaces Resolution 84-104 approved by the Seward
City Council on August 31, 1984.
Section 4. This resolution shall take effect thirty (30) days after its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 21S` day of
November, 2016.
THE CITY OF SEWARD ALASKA
L
can Bardarson, Mayor
AYES:
Casagranda, Keil, Squires, McClure, Altermatt, Slater, Bardarson
NOES:
None
ABSENT:
None
ABSTAIN:
None
CITY OF SEWARD, ALASKA
RESOLUTION 2016-073
ATTEST:
J anna Ki , 4CCMC
ty Clerk
(City Sea])
1
Agenda Statement
Meeting Date: November 21, 2016
To: City Council
Through: James Hunt, City Manager
From: Kristin Erchinger, Finance Director }'''"
Agenda Item: Land Transfer to State of Alaska Department of Natural Resources, for the
Spring Creek Correctional Facility Land, Subject to Reversion
BACKGROUND & JUSTIFICATION:
On August 31, 1983, the Seward City Council met in a Special Meeting for the purpose of
holding a public hearing and approving Resolution 84-104 to "authorize the transfer of Parcel
"A", Spring Creek Correctional Facility ("prison") Site', and Tract "E", Fourth of July Creek
Tracts", to the State of Alaska, Department of Natural Resources, as the proposed site of the
State long-term maximum security correctional facility." Following City Council
authorization of the disposition of real property, the transfer of ownership did not take place
because the 1985 legislature failed to fund construction of the facility. Subsequently, the
City and the State entered into Lease Certificates of Participation ("LCOP") to construct
Spring Creek Correctional Facility and entered into a lease/purchase bonding agreement. As
part of the agreement, the City agreed to convey the land to the State once the bonds were
paid off, subject to a reversionary clause which required the land continue to be used to
operate a prison facility, or revert back to City ownership'". According to U.S. Bank and
Trust, the bonds were paid off on September 1, 2006.
Most of the land on which the prison currently sits was conveyed to the City by the Kenai
Peninsula Borough (Parcel A, Plat No. 84-12) on August 7, 1984 (Borough Resolution 84-
145) and contained a deed restriction providing that "ownership of this land shall revert to
the Kenai Peninsula Borough if and when the site ceases to be used as a correctional facility."
(See Quitclaim Deed, Book 34, Page 831, Seward Recording District). The Borough
Planning Commission held a public hearing on January 27, 2014, and the Borough Assembly
held a public hearing on February 11, 2014, for a Proposed Release of a Correctional Facility
Use Deed Restriction, and upon passage of KPB Ordinance 2014-01, the Borough agreed to
release its reversionary interest in the land. Thus, if the land ever ceases to be used to operate
a prison facility, the land will revert to City, not Borough, ownership.
Prior to the State paying off the bonds on Spring Creek Correctional Facility, the City
constructed a sewage lagoon, water storage tank, and other utilities on the property to serve
the Seward Marine Industrial Center area, including the then -largest user, Spring Creek
Correctional Facility. The City reserved various blanket easements to the infrastructure for
the purpose of accessing utilities on the property.
Since the bonds were paid off in 2006, the City and State have sought to complete the
transfer of ownership of land from the City to the State as agreed in the financing agreement.
Until recently however, the State Department of Natural Resources has maintained that it is
Resolution 2016-
Page Two
unable to accept ownership of land if it contains a reversionary clause. The City's purpose in
financing the construction and transferring the land was and is for the sole purpose of
operating a correctional facility, , and the City maintains that the reversionary clause
transferring the land back to the City in the event the facility no longer operates as a prison, is
a critical part of the agreement, and is valid.
Since 2013, the parties have resumed work on the land transfer, albeit under slightly different
terms than originally contemplated. First, the State has agreed to accept ownership of the
land subject to the reversionary clause. Thus, if the facility is no longer operated as a prison,
the land will revert to City ownership. Second, the parties agreed that it was no longer
necessary to transfer the entirety of Parcel "A" and Tract "E" to the State. Instead, the parties
agreed to carve off from Parcel "A", all of the City -owned improvements and to establish
easements such that the City will continue to own its infrastructure and will have access to
utilities on the parcel. The result is a replat (Plat 2016-8) approved by the City of Seward'
and the Kenai Peninsula Borough, known as Spring Creek Correctional Facility Site, Replat
No. 1. The replat vacated boundaries between two existing parcels and created two different
parcels totaling 327.241 acres, vacated existing blanket easements for utilities and access and
replaced them with dedicated easements for all known existing utilities, and established
accesses. Parcel A-1 contains the Spring Creek Correctional Center and numerous utilities
and accesses, with an area of 292.093 acres. Tract E-1 contains the City sewer lagoon and
utilities and accesses with an area of 35.148 acres.
Technically, Resolution 84-104 passed after public hearing by the Seward City Council on
August 31, 1984, authorized the disposition of real property to the State, subject to the City's
reversionary interest. The State Department of Law opined in October 2016 that since the
public hearing held in conjunction with that resolution addressed a conveyance for a state -
financed facility that was not built, it did not apply toward conveyance for the subsequent
City -financed facility that was built. For that reason and for the sake of clarity, the
administration desires to memorialize actions taken subsequent to the passage of the original
resolution by both parties, in order to establish a clean historical record of the transactions
entered into by the parties. Therefore, the administration is requesting an additional public
hearing to dispose of only Parcel A-1, with Tract E-1 remaining under City ownership,
Ultimately, this transfer of land is consistent with the original agreement between the parties
which intended that ownership of the prison property be transferred to the State subject to the
City's reversionary interest. It includes a replat of the affected parcels, resulting in a new
Iegal description of the parcels being transferred; carves out City infrastructure, giving the
City access and responsibility for the utilities it owns; and maintains the Institutional zoning
designation of the property, creating no non -conforming structures or lots.
INTENT:
Transfer Parcel A-1 (the land on which Spring Creek Correctional Facility sits), to the State of
Alaska, subject to a reversionary interest by the City, should the facility no longer be operated as a
correctional facility. Retain City ownership of Tract E-1.
Resolution 2016- 073
Page Three
FISCAL NOTE:
There are no additional costs associated with this transaction. The replat of Spring Creek
Correctional Facility Site Replat No. 1 is complete. The City and the State have spent significant
time and energy over the years to complete this transaction; finalization of this land transfer will
complete a process that has been in the works for more than ten years.
Approved by Finance Department: J&&Z) -itti
ATTORNEY REVIEW: Yes X, No Not Applicable
RECOMMENDATION:
City Council approve Resolution 2016- 073authorizing the Transfer of Parcel A-1, Spring Creek
Correctional Facility Replat No. 1 to the State of Alaska, Department of Natural Resources, as the
site of the Spring Creek Correctional Facility, subject to a reversionary interest by the City of
Seward.
'According to Plat 84-12 fled August 23, 1984
"According to Plat No. 84-6, filed May 1, 1984
Parcel A was originally conveyed to the City by the Kenai Peninsula Borough via quitclaim deed recorded at Book
34, Page 831 in the Seward Recording District, dated August 22, 1984, containing a deed restriction providing that
"ownership of this land shall revert to the Kenai Peninsula Borough if and when the site ceases to be used as a
correctional facility." This deed restriction was lifted by Kenai Peninsula Borough Ordinance 2014-01, after public
hearings by the Borough Planning Commission and Assembly, on February 11, 2014, by document titled Release of
Correction Facility Deed Restriction, dated March 3, 2014 and recorded with Reception Number 20I4-000255-0,
Seward Recording District.
Approved by Seward Planning & Zoning Commission February 2, 2016, Resolution 2016-02. Approved by the
Seward City Council February 22, 2016, Resolution 2016-14. Approved by the KPB Planning Commission June 13,
2016.
AFTER RECORDING TO:
City of
Cimmynity la-re4Airnent-r.
'' • Box
Seward, Alaska ••yr.,
The Grantor, CITY OF SEWARD, ALASKA, a home rule municipality of the State of
Alaska, whose address is P.O. Box 167, Seward, Alaska 99664, for and in
consideration of the sum of Ten Dollars ($10) and other good and valuable
consideration in hand paid, the receipt of which is hereby acknowledged, quitclaims to
Grantee, State of Alaska Department of Natural Resources, all of Grantor's right, title,
and interest, if any, in the real property, and improvements placed thereon at any time
(together, the "Property"), subject to the protective covenants, conditions and
restrictions described below, with a legal description of:
Parcel A-1 Spring Creek Correctional Facility Replat No. 1 according to
Plat 2016-8 filed September 29, 2016, Seward Recording District, Third
Judicial District, State of Alaska, containing 292.093 acres more or less
TOGETHER WITH, all and singular, the tenements, hereditaments, and
appurtenances hereunto belong or in any way appertaining;
SUBJECT TO AND EXCEPTING all valid and existing rights, easements,
reservations, restrictions, covenants, conditions, exceptions, rights -of -way, and
encumbrances, including the utility, access and well -protection easements as identified
in the above replat, and all amendments thereto; and
SUBJECT TO the Property being used as a correctional facility. If the Property ceases
to be used as a correctional facility all right, title and interest in the Property shall revert
to the Grantor. Kenai Peninsula Borough, Alaska ("Kenai"), by quitclaim deed dated
August 22, 1984, recorded at Book 34, Page 831, Seward Recording District, conveyed
to Grantor title to the Property subject to a reversionary interest, which reversionary
interest was released by Kenai to the Grantor by document titled Release of Correction
Facility Deed Restriction, dated March 3, 2014 and recorded with Reception Number
2014-000255-0, Seward Recording District.
These reservations will run with the land and apply to all successors in interest.
e1.
1ADocs1433705241Quitc1aim Deed (Spring Creek).Docx Pag
TO HAVE AND TO HOLD the same unto the Grantee, its successors, heirs, anti
assigns all rights thereto.
DATED this . ................................ _ day of
FAIIII
vvlallllwmiffi�, �Mm
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
2016.
Lei I WK01
............................
James Hunt, City Manager
� *, 4 WIC] 4 Ji 1:4 ZU
(S E A L)
The foregoing instrument was acknowledged before me this day of
1 2016, by James Hunt, City Manager of the City of Seward, a
home rule municipality organized under the laws of the State of Alaska, on behalf of the
municipality.
............. 1 M11 ...................
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Introduced by:
Mayor
Date:
01107/14
Hearing:
02111/14
Action-
Enacted as Amended
Vote:
9 Yes, 0 No, 0 Absent
mIN P W kb
I D11-W0VA19 %M Z VA Z 4 114 1 V 0) _ V.1 6VII Z IN 3 0 K I I
00 N om I DKOI I IMI)
IN "" il W N' 0 . J 9 GAII) NO 011T."I Zk4f
MWO woo I DIIA DICUR I W MCI Icklumv-143 .4 0 ■1
WHEREAS, Parcel A, Spring Creek Correctional Facility Site Subdivision, Plat 84-12 Sewar?
Recording District, was deeded by the borough to the City of Seward pursuant to
KPB Resolution 84-145; and
WHEREAS, a "correctional facility use" restriction was placed on the deed, which states
"ownership of this land sh�ll revert to the Kenai Peninsula Borough if and when thi
site ceases to be used as a correctional facilityand
WHEREAS, the property contains the Spring Creek Correctional Facty, which is operated by the
State of Alaska per agreement with the City of Seward; and
WHEREAS, the City of Seward additionally 'uses a portio . n of the property for utilities, a sewage
lagoon, and other municipal purposes; and
WHEREAS, the City of Seward intends to subdivide the parcel and convey the on co
the correctional facility to the State of Alaska, but desires to retain that portion of the
parcel containing the utilities.'sewage. lagoon, and other municipal uses; and
WHEREAS, the borough's purpose for placing a restriction on the property has been achieved
through the establishment of Spring Creek Correctional Facility; and
WHEREAS, the City of Seward has submitted a written petition to moditr the deed restriction and
the.mayorhas waived the filing fee per KPB 1.26.030(A); and
WHEREAS, the KPB Planning Commission at its regularly scheduled meeting of January 27,
2014, recommended approval ofthis ordinance with proposed amendments deleting
Section l(g) and amending the wording in Section 2;
]Kknai, Pems IBorou gh, Alaska UndprIftied' PE.,UrrED '.I[.VrrBR.A(XErM- D'I Onlinuice 2014-01.
Paget of3
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI
PENINSULA BOROUGH:
SECTION1. That pursuant to KPB 17. 10. 130 (F)(4), the mayor is hereby authorized to release the
correctional facility use deed restriction and right of reversion to Parcel A, Spring
Creek Correctional Facty Site Subdivision, Plat 84-12 Seward Recording, set forth
in Book 34 Page 831 Seward Recording District, based on the following findings of
fact:
a. The property was conveyed to the City of Seward pursuant to KPB Resolution
84-145 on August 7,1984, subject to a "correctional facilityuse" deed restriction
which states "ownership of this land shall revert to the Kenai Peninsula Borough
if and when the site ceases to be used as a correctional facility,"
b. The City of Seward, in cooperation with the State of Alaska, built the Spring
Creek Correctional Facility situated on the subject property, ind the State of
Ahnka has operated the facty for more than 25 years..
c. The City of Seward has developed other municipal uses on the property �vhich do
not conflict with correctional facility uses. :r
L The City of Seward has filed a petition to modify the. deed restriction and fliwi
mayor has waived, in writing, the fee required by KPB 17.10.130(F)(1) because
this effort to subdivide the property in question is a government project, pursuant
to KPB 1.26.030(A).
e. The proposal to separate the state correctional facility uses from the municipal
uses by subdivision plat serves the public interest, but requires modification of
the existing deed restriction.
RX-47 M W
�1,014.Rf"WA1A1 ;49A toll,, 1 -9—
g. Public notice of the proposed actions was delivered and published in accordance
with KPB 17-10.130(F)(2).
M VA 1011 IR1111 JF1 16IRL-41 (a st;,1614)1 11 CIN 414J. kill i i to#j si tolkllt;il Eli a%JA7 1 Wo
?ECTION 2. The mayor is authorized to sign the Release of Deed Restriction in a form
substantially similar to document attached hereto, and any other documents necessary
to effectuate the intents and purposes of this ordinance.
(1dinance, 2014-01 lbluw Text Underfig- [Dnz, FED TEM.r.BP,,.Ar1(.W.,T. m' Kam" Peninsula Bomn gh, A , lakka
Page 2 of 3
031 WWI MM i�il 4111
ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 1 ITH
DAY OF FEBRUARY, 2014.
, Assly re nt tdent
Hal Smalleyemb
Iff-W
Yes: Bagley, Haggerty, Johnson, McClure, Ogle, Pierce, Smith, Wolt Smalley
No: None
Absent: None
.......... ............
Kenai Peninsula BorDuov i,.Alaska .14 [DFLF.m D"Forr B RAeKETE6 Ordinance 2014-01
Page 3 of 3
A
20 1 4-000255-0
s Recording District 314 Seward
K
A 03113/201411:42 AM Page 1 of 2
RECITALS:
The Kenai Peninsula Borough ("GRANTOR') conveyed the below described property to the
City of Seward ("GRANTEE") by quitclaim deed recorded at Book 34, Page 831 in the
Seward Recording District (hereinafter "QUITCLAIM DEED") pursuant to KPB Resolution
84-145 on August 23,1984.
Said QUITCLAIM DEED contained the following deed restriction constituting a possibilityof
reverter in the GRANTOR: "Ownership of this land shall reve►f to the Kenai Peninsula
Borough if and when the site ceases io be used for a correctional facility." (hereinafter
"DEED RESTRICTION-).
Spring Creek Correctional Center was completed in 1988 and as of the date of this release
is being used as a correctional facility.
On February 11, 2014, the Kenai Peninsula Borough Assembly enacted Ordinance 2014-
01, attached as Exhibit A to this "Release of Correctional Facility Deed Restriction",
authorizing the release of said DEED RESTRICTION.
RELEASE:
The GRANTOR, KENAI PENINSULA BOROUGH, an Alaska municipal corporation, whose
address is 144 North Binkley Street, Soldotna, Alaska 99669, for the sum of one dollar
($1.00) and other good and valuable consideration, receipt of which is hereby
acknowledged, and pursuant to Assembly Ordinance 2014-01, enacted February 11, 2014,
releases forever without limitation DEED RESTRICTION unto the GRANTEE, CITY OF
SEWARD, its successors and assigns, in the real property described as follows:
Parcel A, Spring Creek Correctional Facility Site, according to Plat # 84-12,
Seward Recording District, Third Judicial District, State of Alaska.
Release of Deed Restriction - KP8/ City of Seward Page 1 of 2
Dated this today of 2014.
KENAI PENINSULA BOROUGH:
Aff Mike Navarre, A41,
f
r
ATTEST: APPROVED AS To rORMI
AND i
904
Mh-i Blankenship Holly B. Montague
Borough Clerk Deputy Borough Attorney
STATE OF AIASKA }
)ss.
THIRD JUDICIAL I T I
The foregoing instrument was acknowledged before me this i: day of
Lis sKenai
,: . - . • . am
Please return to: Kenai Peninsula Borough
Planning Department
144 North Binkley Street
Soldotna, Alaska 99669
Release of Deed Rest a lon - KP81 City of Seward
Qmat�. � ",A
Notary Public in and -or wr
My commission expires: O
Page 2 of 2
CITY OF f ALASKA
RESOLUTION-
WHEREAS, the State of Alaska has stated that 325 acres of av
would he w for the constructionof long-term maximum
correctionalin dJ
SewardWHEREAS, Resolution No. 84-24 expressly stated that the City
rf would provide ample M r . of
Seward;facility in and
WHEREAS, the Kenai Peninsula Boroughdeeded « o
the City of Seward for use as a correctional facility site; and
WHEREAS, the City has an additional ±66 acre parcel that is
also available hfor ♦ h d
WHEREAS, the City Council finds that an appraisal of the
propertywould notpublic's interests1' is
offered at no cost to the State; and
'WHEREAS, the City Council deems it in thebest •, w sof .:
City of Seward . deed land 4'the State .Alaska for the specific use
as a long-term maximum security correctional facility;
M TWEREFORE, RESOLVED BY THE CIT1 OF THE CITY
IF SEWARD, ALASKA, that:
Section 1. The following described real property owned by the
City of Seward, shall be conveyed to the State of Alaska, Department of
Natural Resources, for the purpose of constructing a long-term maximum
security correctional M the inclusionof a
reversionaryor such other provisions tF" protect
the City:
PARCEL Creek Correctional
, Spring
accordingNo. N August 23. i
containingin the Seward Recording District, Third Judici
District, State of Alaska, 262 acres i.
CITY OF SEWARD, ALASKA
RESOLUTION NO.84-104
TRACT "E", Fourth of July CreekTracts, according to
Plat No. 84-6, f iled May 1, 1984, in the Seward
Recording istri , Third JudicialDistrict, State
of Alaska, containing 66 acresmore or
attachedSection 2. The Quitclaim Deed is incorporated
passage.Section 3. This resolution shall take effect thirty (30) days
after
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEW ,
ALASKA, this 31 day of st , 1984
CITY OF SEWARD, ALASKA
fl
Y : Cripps, Gillespie, Meehan, Swartz, Williams
NOES: Hilton
ABSENT: Wilson
ABSTAIN: e
i
APPROVED AS TO FORM:
S, GANTZ, POWELL
AND BRUNDIR, Attorneys
City of ar , Alaska
A ,,
The „r w home -rule city,
for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money
of the United States o, America,and other good and valuable
considerations in band paid, y rig ' to Resolution
r„ 8' adopted
Ltugust 31, 1984, does hereby QUITCLAIXAND ,,
CONVEY the State of
PARCELSpring m
according to Plat No. 84-12, filed August 23, 1984,
in the Seward Recording District, Third Judicial
District, State of Alaska, containing 262 acres more
or less;
TRACT "E", Fourth of July Creek Tracts, according
Plat No. 84filed May 1. 1984, in the Seward
Recording
of Alaska,. containing 66 acres more or less.
Conditions of the site and the extent of any easement,
encroachments, alterations, infringements or other
pre-existing rights either of record or ascertainable by
physical inspection;
Ownership of this land shall revert ' back to the City of Seward
if and when the site ceases to be used as a long�-term-
correctional facility., and
DIRECTOR
Division of Technical Services
Department of w'o
- T,
2,1201110
0
PAGE 281 REGULAR MEETING AUGUST 27, 1984 VOLUME 20
City look into lamp posts in the downtown area needing covers over
exposed wires and encroachments of lumber, etc., onto City sidewalks,
adding that both of these areas
WILSON asked the price of fire boats such as the ones inspect-
Y/ recent trip to Seattle. Carzini stated
needed,that the City had $75,000 in grant funds available for the purchase of
such a boat, but would need $125-150 Thousand to purchase one. He
stated that, if 4
real cost was in maintenance. not purchase. He stated that, as the
City's harbor area is expanded, the eed for such a craft would grow,
and the City should think about purchasing one in the future. Wilson
dedicationalso asked the administration to proceed with the
First ti Second Lake area as a park and attendant vacation of street&
in the area. Gar2ini stated that he would pursue this.
HILTON asked If Salik had begun his survey of local salaries.
Murphy sti-tedtbat he would be approaching local businesses for that
data
GRIPPE complimented the citizens of Cheraege in their efforts
to rebuild their community.
XIV. CITIZENS' DISCUSSION:
CanyonSANDY WASSILIE. Lowell ad . Seward, appeared
the Council and asked for an update o, the Susitna project. Crippa
stated that he had recently attended a meeting of the Governor's Council
to determine if Susitna. is feasible. A decision as to whether to
continue with the project would be made at on Railbelt Electrification. Members had been asked for input in order future date.
® ADJOURNMENT:
The meeting was adjourned at 8:50 p.m., and after a short
recess, the Council reconvened in Executive Session to discuss
under
D,nald Wa Grippe
Mayor
PAGE 281 SPECIAL MEETING - AUGUST 31, 1983 VOLUME 20
1. CALL TO ORDER:
e August 31. 1984. special meeting of the Seward City
Council was called to order at 12:02 p.m. by Mayor Donald W. Crippsa
Councilmember Hilton led the pledge of allegiance
III® ROLL CALL:
Present were: Mayor CrIpps and Councilmembers Gillespie, Hil-
ton,
Williams (Absent with
consentCouncil
Present also: City Manager Carmini and City Clem Murphy
ICE® PUBLIC HEARINGS:
PH/PRISON' A. Notice of Special Meeting and Public Hearing as post
82 ,,r,..
PACE 282 SPECIAL MEETING 1984 VOLUM 20
transfer of property located adjacent to the Marine Industrial Center at
Fourth of July Creek to the State of Alaska for
tiOn Of a Prison facility ,s opened.
GREG BITHER-TERRY, 338 First Avenue, Seward, appeared before Council and
spoke in opposition to the transferproperty.
amendmentCouncil consider an
which would require the State to receive Council approval before an
ing the prison beyond the : y capacity now planned.
6Salmonappeared =audience and
proposedvoiced her opposition to the transfer of the property.
RAN SALDI. Lowell Point Road, Seward, appeared before the Council and
stated that she was opposed to the prison and the property. She stated that the influx of another 5
institution would not be in keeping with Seward'Seward's tradition"part
No one else appeared in order to be heard and the public hearing was
aloemd-
Vro SIOLIU'7<°7GONS*
SO/PRISO/ A. Copies having been made available to the public, Crips
MI.C: noted by title only a proposed resolution entitle
RESOLUTION OF '.1 OF
THE q OF SEWARD, ALASKA, AUTHORIZ-
INC
1^ PARCEL VF9
SPRING CREEK CORRECTIONAL
1 TRACT "E", FOURTH 4" JULY
CREEK TRACTS, TO THE STATE OF ALASKA,
DEPARTMENT OF NATURAL RESOURCES,
THE E17E 1F THE ''
MAXIMUM SECURITY CORRECTIONAL
HILTON MOM M TO APPROVE RESOLUTIONNO. 1 MOTION k.. 1 :AAA
responseBY SWARTZ.
In iF a question from Meehan. Garzini atat,11'1h-t-,
roadways, and the water and sewage treatment facilitlea. would need in excess of 200 acres of land to accommodate the facility,
further explained that the State is currently planhiag to construct a
{ expansion -would not
State to seek City or Council approval,11
wouldthe Legislature. Thus, the City have an opportfinity for input
before expansion M.: 1 take place, He added that i9xpansion of the
facility would also require expansionof f sever
(owned
HILTON MOVED TO AXEND THE PROPOSED RESOLUTION BY ADDING A NEW SECTION TO
READ AS FOLLOWS:OF ` ! ' nllTY IS CONTINGENT UPON RECEIVING
ASSURANCES FROMN !`
D THE FACILITY To
GREATER THAR 320 BEDS WITHOUT THE APPROVAL OF THE CITY OF SEWARD; THE
NOTION ",ODED BY MEEHAN.
Swartz 511 Cripps objected to the amendment1 1should
not put any additional striu' on _ of the property.p r
n,a', that the City already has a reversionary clause in the deed
whereby the property can r1,.. b. used 1 prison facility.
QUESTIONTHE `F 1N THE AMENDIMUT--TREAMENDMENT 1 WITH
GILLESPIE AND MEEHAN VOTING IN FAVOR AND CRIPPS, SWARTZ AND
WILLIAMS OPPOSED.
THE QUESTION ' r ON TEE MAIN MOTION;# ' k WITH
PACE 283 SPECIAL MEETING AUGUST 31. 1984 VOLUME 20
VIm NEW BUSINESS:
CON- 106; A. August 27, 1984g memorandum from Utility Engineer Jack
Berson relative to the proposed purchase of diesel generator units was
noted®
MEEHAN MOVED TO PURCHASE O 2.5 KW DIESEL GENERATOR UNITS FROM MORRISON
KNUDSEN FOR A PRICE ROT TO EXCEED $1,090,000; THE MOTION WAS SECONDED BY
GIL LESPIE m
Berson mated that proposals had been solicited; three suppliers had
responded to the REP. He recommended the purchase of two remanufactured
its from M-Ea Diener pointed out that 1i-R had included in its pro-
posal a detailed account of the remanufacturing process, adding that the
units would be PeliRe znewwfir. m
E QUESTION WAS CALLEDMOTION PASSED UNANIMOUSLY.
COS;_ 105r S. August 30, 1964, memorandum from Engineering & Utilities
Manager Diener relative to the award of a contract for the replace of
the City Hall roof was noted®
GILLE PIE MOVED TO AWARD A. CONTRACT TO REPLACE THE CITY HALL ROOF TO
WELLS -BUILT HOMES, INC., AND SEWARDROOFING COMPANY IN THE AMOUNT(IF
$26,641,00.
Diener explained that only one bid had been received, noting that it was
thin the budget set aside for the project. He also apologized to
Council for adding this item with such short notice but explained that
he hoped to see this project completed before the onslaught of food
weather.
THE QUESTION WAS CALLED AND THE MOTION CARRIED WITH FIVE VOTES IN FAVOR
AND WILLIAMS ABSTAINING.
NOTE: Williams, a principal in Wells -Built Homes, Inc., abstained due
to her financial interest in the contract award.
VII®ADJOURNMENT-
ting was adjourned at 12:30 p.m.
L I 69 a U y
ty
PAGE 2
95fipps
Mayor
I. CALL TO ORDER:
The September 10, 1984, regular meeting of the Seward City
Council was called to order at 7:30 p.m. by Mayor Donald W. Cxippsm
II® OPENING CEP
Councilmember Wilson led the pledge of allegiance to the flag.
III. ROLL CALL,-
Present wares Mayor Cripps and Councilmenhers Gillespie, Hil-
ton. Meehan, artz� Williams and Wilson
Present also: Assistant City Manager Schaefermeyer, City At-
torney Arvidson and City Clerk Murphy
IV® APPROVAL OF MINUTES,