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HomeMy WebLinkAboutRES2025-048 Forest Acres Improvement DistrictSponsored by: Sorensen Public Hearing: June 9, 2025 CITY OF SEWARD, ALASKA RESOLUTION 2025-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA DETERMINING IT TO BE IN THE PUBLIC INTEREST AND NECESSARY TO PROCEED WITH THE PROPOSED FOREST ACRES AFOGNAK SUBDIVISION IMPROVEMENT DISTRICT FOR AND BENEFITING LOTS 17, 18, 19, 20, 21, AX, AY, AZ, BA, BC1, BC2, BD1, BD2, BE1, BE2, BF1, BF2, CD, CE, CF1, CF2, CGI, CG2, CH, CI, CO, CP1, CP2, CQ1, CQ2, AND CR OF THE FOREST ACRES SUBDIVISION FOR AN ESTIMATED AMOUNT OF $1,837,886 WHEREAS, the City of Seward has identified a community need for more residential development and is actively taking steps to improve the availability of homes in the community; and WHEREAS, the development of the Forest Acres Subdivision Afognak Addition would help fulfill the community need for more residential housing; and WHEREAS, under normal conditions, infrastructure improvements would be accounted for at the time of subdivision approval, per Seward City Code 16.01.015, 16.05.010, and 16.05.015; however, the properties subject to this Resolution were sold without the developer having entering into a subdivision agreement with the city or installing the required roads, water, sewer, and electric improvements; and WHEREAS, the cost of providing such improvements is prohibitive for the property owners to bear on their own and has prevented development of these lots; and WHEREAS, SCC 5.20.015(B) states: "Initiation by council. The council by motion or other action may direct the city manager to make a survey and report on a proposed council initiated special improvement district. "; and WHEREAS, on April 28, 2025, the City Council initiated an Improvement District for the Forest Acres Subdivision Afognak Addition; and WHEREAS, the Clerk's Office and City Administration followed the prescribed notifications to the public and property owners set forth in SCC 5.20.025 Hearings on necessity; and WHEREAS, City Administration made a survey and report as required by SCC 5.20.020 concerning the need for and desirable extent and estimated cost of each proposed local improvement; and CITY OF SEWARD, ALASKA RESOLUTION 2025-048 WHEREAS, the total estimated costs for the Improvement District based upon the feasibility study are $1,837,886.00 which will be allocated to the benefiting properties; and WHEREAS, this Improvement District is in the public interest, necessary and will benefit the properties to be assessed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. After full review by the City Council of all the facts and information presented, it is hereby found and determined that the proposed Improvement District is in the public interest, necessary, and will benefit the properties to be assessed. Section 2. The Improvement District will include the following lots: 17, 18, 19, 20, 21, AX, AY, AZ, BA, BC1, BC2, BD1, B132, BE1, BE2, BF1, BF2, CD, CE, CF1, CF2, CG1, CG2, CH, Cl, CO, CP1, CP2, CQl, CQ2, and CR of Forest Acres Subdivision. Section 3. The method of apportionment shall be based upon the square feet -property size which is listed as Method 2 in the original Feasibility Study conducted by R&M. Section 4. The City Manager is hereby authorized and directed to create an account which will be kept of all costs of the improvements and directs the proper city official to proceed with design and construction of the improvements. Section 5. The City Manager is hereby authorized to fund in the amount of $808,432 is hereby appropriated from the 80071-0000-8101 Developer and Incentive and Reimbursement Fund, directed to transfer funds from the Capital Acquisition Fund account 80010-0000-3710 in the amount of $737,400, transfers from the General Fund account 0 1000-0000-37 10 in the amount of $292,059 to pay for the total cost of the engineering and construction of roads and electric up front. Section 6. After the improvements are completed, another public hearing will take place where 50% of the actual costs of the improvements will be assessed to each lot by resolution under apportionment Method 2. The City will be paying for the other 50% of the cost. The property owner will have six months to pay the city the amount assessed without interest. Whatever balance remains after six months will be recorded and assessed to the property and a payment plan will be set up with options of monthly, quarterly; -or annual payments over 5, 10, or 20 years. Interest for those balances assessed will be prime +, 2%. Section 7. The Forest Acres- Afognak Subdivision Special Improvement District gives provisions to allow septic systems to be installed and wells to be drilled in this improvement district only. Septic systems and wells will: be subject to all state and borough regulations and any CITY OF SEWARD, ALASKA RESOLUTION 2025-048 additional requirements as set forth in this resolution and accompanying documents. Septic Systems and Wells will both require a city permit before they are installed. Failure to do so could result in the removal of the well and/or septic system, a daily fine of $500 per day, and the denial of a building permit. Section 8. City Council, by separate resolution, will recommend the Kenai Peninsula Borough remove the plat note restriction on lots 15, 16, 17, 18, 19, 20, 21, BC1, BC2, BD I, BD2, BE1, BE2, BF1, BF2, CF1, CF2, CG1, CG2, CP1, CP2, CQ1, and CQ2, which states, "4. All lots within this subdivision must be connected to public sewer facilities prior to development." Section 9: If water and sewer utilities are brought into the area, the property owners must abandon their wells and septic systems, and hook into both the water and sewer systems within 24 months, at the property owner's expense. Section 10: This approves R&M Task Order 36; R&M will do the survey work and finalize engineering for the road construction. Section 11. This approves the Electric Utility to generate a work order and schedule electric installation. Section 12. This resolution shall take effect upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9tn day of June 2025. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor AYES: Warner, Barnwell, Wells, Crites, Finch, Osenga, McClure NOES: None ABSENT: None ABSTAIN: None ATTEST: Kris Peck City Clerk %OF SEWN SEAL _ • ti ''�rF OF�P� P I