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CITY OF SEWARD, ALASKA
RESOLUTION 2007-038
A RESOLUTION OF THE SEWARD CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA RECOMMENDING KENAI PENINSULA
BOROUGH APPROVAL OF THE VACATION OF "B" STREET
BETWEEN FIRST AVENUE AND SECOND AVENUE
WHEREAS, the State of Alaska Department of Labor Alaska Vocational Technical
Center has formally requested the vacation of "B" Street in downtown Seward and conveyance
of the right-of-way to the State; and
WHEREAS, the Seward Planning and Zoning Commission has reviewed the request
and recommends that the City Council proceed with the vacation and transfer of title to the State
for the purpose of maintaining educational facilities; and
WHEREAS, the Seward Common Council previously approved the "B" Street vacation
by Resolution #49 February 15th, 1954 but the vacation was never perfected; and
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WHEREAS, the "B" street right-of-way between First Avenue and Second Avenue
serves no public access function for local traffic circulation and the A VTEC First Lake Complex
currently occupies much of the right-of-way area. Vacation of the "B" Street right of way serves
an essential public purpose and supports the A VTEC program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1. City Council recommends that the Kenai Peninsula Borough approve the vacation of
"B" Street right-of-way between First Avenue and Second Avenue rights-of-way subject to the
following provision:
The State of Alaska shall provide, or cause to be provided, a field assessment for existing
and potentially required drainage features, utilities and other features of the right-of-way,
in cooperation with the City of Seward staff, to be preserved by easement or other forms
of reservation prior to final platting.
Section 2. Further, the City Council authorizes the City Manager to negotiate the transfer of
ownership of the city's portion of the vacated "B" Street right of way, subject to the successful
negotiation of the transfer of Block 6 OTS to the State.
Section 3. This resolution shall take affect immediately after its adoption.
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CITY OF SEWARD, ALASKA
RESOLUTION 2007-038
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23rd day of
April, 2007.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
THE CITY OF SEWARD, ALASKA
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Vanta Shafer, MaYOr'
Dunham, Valdatta, Thomas, Bardarson, Amberg, Shafer
None
Schafer
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Council Agenda Statement
Meeting Date: April 23, 2007
Through: Marvin Yoder, Interim City Manager
From: D. Scott Williams, City Planner
Agenda Item: Vacation of “B” Street and Conveyance of Land
BACKGROUND & JUSTIFICATION:
The State of Alaska Department of Labor (State) operating the Alaska Vocational Technical Center
(AVTEC) has formally requested that the City of Seward vacate the “B” Street right-of-way from
First Avenue to the west, to Second Avenue to the east to consolidate their property holdings for the
Seward AVTEC facility.
The right-of-way was previously approved for vacation by Resolution No. 49 by the Seward
th
Common Council February 15, 1954. The vacation was not completed at that time. The subject
right-of-way was established during the creation of the Federal Addition to the Original Seward
Townsite.
The portion of the “B” Street right-of-way between First and Second Avenues is physically occupied
with the old high school, now the First Lake Complex used by AVTEC. Although there is a
separation between the First Lake Building and the Old Armory Building located on the adjoining
parcel to the south, no motorized traffic can physically use the right-of-way; pedestrian traffic can use
the passageway but no “traditional” corridor exists for pedestrian traffic between the buildings.
The Seward Planning and Zoning Commission approved the vacation of the “B” Street right of way
by Resolution 2007-XX. (attached)
Zoning:
The area adjacent to the “B” Street right-of-way is Institutional (INS) and the proposed vacation
will present no current or future change or affect on the principal uses of the adjacent lands.
Comprehensive Plan:
The Comp Plan makes no specific mention concerning existing rights-of-way. Street creation and
development generally are viewed only in the context of future land use including subdivisions. In
this case, the zoning and affected land areas are established and the vacation action would have
little or no influence on future land uses in the area.
Drainage:
Other than on-site drainage for Blocks 6 and 15, no drainage structures or features are thought to
exist along, or across the subject right-of-way. Prior to final platting, the State will be required to
conduct a field assessment in cooperation with city staff to verify what drainage features, if any,
that need to be preserved.
CITY OF SEWARD, ALASKA
RESOLUTION 2007-
PAGE 2 OF 2
Access:
No public thoroughfare access exists along or across the “B” Street right-of-way between First
and Second Avenue. The area of the right-of-way is used by AVTEC for structures, on-site
pedestrian circulation, parking and landscape. Access does exist along the Second Avenue and
some degree the First Avenue rights-of-way which will be preserved through the platting action.
Traffic:
No motorized access exists within the subject right-of-way and therefore discussion of traffic is
not applicable.
Utilities:
According to city staff, several utilities including electrical and underground sewer and water
appurtenances may exist within the “B” Street right-of-way and the State will be required to
conduct a field assessment in cooperation with the appropriate utility representatives to verify
utility features that need to be preserved. If it is necessary to relocate any public utilities as a
result of this vacation, the cost of such relocation will be borne by the State.
RECOMMENDATION:
The administration recommends the approval of the vacation of “B” Street between First Avenue and
Second Avenue and authorizes the City Manager to negotiate the transfer of ownership of thecity’s
,
portion of the vacated “B” Street right of waysubject to the successful negotiation of the transfer of
Block 6 OTS to the State of Alaska (AVTEC) subject to the following:
1. The State of Alaska shall provide, or cause to be provided, a field assessment for existing and
potentially required drainage features, utilities and other features of the right-of-way to be preserved
by easement or other forms of reservation. If it is necessary to relocate any public utilities as a result
of this vacation, the cost of such relocation will be borne by the State.
CONSISTENCY CHECKLIST:
Where applicable, this agenda statement is consistent with the Seward City Code, Charter,
Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures.
Other: _______________________________________________________________________
FISCAL NOTE:
The City is not expected to incur any costs as a result of the conveyance of title, or as a result of the
approval of the vacation of “B” Street between First and Second Avenue.
Approved by Finance Department: ________________________
RECOMMENDATION:
City Council approve Resolution 2007-______.