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HomeMy WebLinkAboutRes2009-062Sponsored by : Administration CITY OF SEWARD, ALASKA RESOLUTION 2009-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA REQUESTING THAT THE STATE OF ALASKA REVOKE ITS MARCH 20, 2006 NAVIGABILITY DETERMINATION AS TO SALMON CREEK, FOURTH OF JULY CREEK AND SAWMILL CREEK, ALL LOCATED IN THE VICINITY OF SEWARD, ALASKA WHEREAS, the State of Alaska Department of Natural Resources has changed positions on the issue of navigability on several occasions; and WHEREAS, the Seward Bear Creek Flood Service Area, the Kenai Peninsula Borough and the City of Seward are working to lessen impacts to flooding in the Seward area; and WHEREAS, the State of Alaska Department of Natural Resources (DNR) charges a royalty fee on all gravel materials removed from these areas; and WHEREAS, this royalty fee makes flood control projects more expensive and cost prohibitive; and WHEREAS, the Bureau of Land Management recommends that all water bodies, with the exception of Bear Lake, be considered administratively non-navigable in T.1N R. lE, T. 1N R. 1 W, T.2N R. l W, T.1 SR. 1 W, T. 1 S R. l E; and WHEREAS, Alaska DNR policy interprets the Daniel Ball test as requiring the water body to be usable as a highway for the transportation of people or goods; and WHEREAS, the Kenai Peninsula Borough Flood Plain Task Force voted unanimously on April 1, 2009 in support of the State of Alaska revoking the navigability determination on Salmon Creek, Fourth of July Creek and Sawmill Creek and requested other legislative bodies do the same; and WHEREAS, the Seward Port and Commerce Advisory Board, the Seward Planning and Zoning Commission and the Seward Bear Creek Flood Service Area Board have all voted unanimously in support of this request. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Council requests the State of Alaska revoking its March 20, 2006 navigability determination as to Salmon Creek, Fourth of July Creek and Sawmill Creek, all located in the vicinity of Seward, Alaska. Section Z. Sahmon Creek, Fourth of July Creek and Sawmill Creek are not navigable, as defined by and in to the Daniel Ball test, best survey practices, and are not subject to the submerged land act, which, according to State ofAlaska policy on Navigability, on the website CITY OF SEWARD, ALASKA RESOLUTION 2009-062 http://dnr.alaska.gov/mlw/nav/nav~olicy.htm, is the accepted and correct standard for determining navigability. Section 3. The March 20, 2006 Determination of Navigability refers to extreme gradients as conclusive evidence of non-navigability on Spruce Creek. However, all of the creeks listed as navigable in the 2006 determination contain reaches of these same "extreme" gradients as expressed in percent slope derived from LIDAR dataset 2006 and pertinent cross sections. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, this 13th day of July, 2009. THE CITY OF SEWARD, ALASKA C/` ~ ~ i~ r Clark Corbridge, Mayor AYES: Dunham, Bardarson, Kellar, Keil, Corbridge NOES: None ABSENT: Smith ABSTAIN: Valdatta ATTEST: ~~ Jean Lewis ey~4t,axaas,;, City Clerk, CMC + ~~~~^~, ~~ _~ ~.aR~, ~~~, ~~'~ ~ ~ `~' °~ ~ ~ ~~ (City Seal) s '+~ r .: ~ ~' ~" , : `' a ~ ~ ... °s ~ ' ~v y, 4~' ~ LJ .~ ~ :•i ~., ~ ; ~ ' ~., f 4 *~ ® P ~y~p R ~ ~~~' ~y~' Council Agenda Statement Meeting Date: July 13, 2009 To: Mayor and Council From: Community Development Director Christy Terry Through: City Manager Phillip Oates Agenda Item: Requesting that the State of Alaska Revoke its March 20, 2006 Navigability Determination as to Salmon Creek, Fourth of July Creek and Sawmill Creek, Allocated in the Vicinity of Seward, Alaska BACKGROUND & JUSTIFICATION• The Kenai Peninsula Borough Flood Plain Task Force was formed by the Borough Assembly on January 20, 2009 to examine possible solutions regarding flood plain issues for the Seward-Bear Creek Flood Service Area. The Task Force has made recommendations to address important flood mitigation items and has requested legislative support from the local boards, commissions, the Seward City Council and the Kenai Peninsula Borough Assembly. The State of Alaska Department of Natural Resources has changed positions on the issue of navigability on several occasions. The Seward Bear Creek Flood Service Area Board, the Kenai Peninsula Borough and the City of Seward are working to lessen impacts to flooding in the Seward area. Additionally, the State of Alaska Department of lvatural Resources (DNR) charges a royalty fee on all gravel materials removed from these areas which makes flood control projects more expensive and cost prohibitive. If approved, this resolution will be sent to Natural Resource Manager Scott Ogan in support of the letter sent by Borough Mayor David Carey on April 7, 2009. Currently, the Bureau of Land Management recommends that all water bodies, with the exception of Bear Lake, be considered administratively non-navigable in T.1 N R. 1 E, T. 1 N R. 1 W, T.2N R.1 W, T. l SR. 1 W, T. 1 S R. l E. Also, Alaska DNR policy interprets the Daniel Ball test as requiring the water body to be usable as a highway for the transportation of people or goods. There are three creeks in our area that have been recently reclassified as navigable that should be taken off the list. 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. Other: FISCAL NOTE: N/A Approved by Finance Department: RECOMMENDATION: Approve Resolution 2009-062 Requesting that the State of Alaska Revoke Its march 20, 2006 Navigability Determination as to Salmon Creek, Fourth of July Creek and Sawmill Creek. 63