HomeMy WebLinkAboutRes2015-086Sponsored by: Hunt
CITY OF SEWARD,ALASKA
RESOLUTION 2015-086
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PERMIT AGREEMENT WITH THE U.S. ARMY CORPS OF
ENGINEERS• (USACE), DEDICATING TRACT A-1A, SEWARD
TIDELANDS SURVEY ATS 1574, TRACT A, REPLAT NO. 2, AS THE
MITIGATION SITE SPECIFIED IN THE CONDITIONS AND
MITIGATION DETAILS INCLUDED IN THE USACE PERMIT # POA-
1980-469-M13 ISSUED MAY,2015.
WHEREAS, a fully developed and thriving Seward Marine Industrial Center(SMIC) has
been a long standing goal of the City and the Community of Seward; and
WHEREAS, the Council has awarded contracts for the SMIC expansion project
including breakwater engineering and construction; and
WHEREAS, the engineering contractor, R & M Consultants, Inc. has worked diligently
with the U.S. Army Corps of Engineers (USACE) to secure the needed permitting for the
construction of the SMIC expansion breakwater; and
WHEREAS, mitigation is a requirement of the USACE breakwater permit issued for the
construction of the SMIC expansion breakwater; and
WHEREAS, mitigation is defined by the USACE as cash to a conservation fund,
Conservation Easement(s) on the land, or Restrictive Covenant(s); and
WHEREAS, a Restrictive Covenant is preferred as least impactful to City budget, staff
resources, and potential future development; and
WHEREAS, a subtidal mitigation site of ten (10) acres and meeting the requirements of
the USACE was proposed by the City and accepted by the USACE as a mitigation site upon
condition of designation as a Restrictive Covenant; and
WHEREAS, the ten (10) acre site selection is located on the east side of Resurrection
Bay approximately 1.5 miles north of the SMIC project area; and
WHEREAS, the site was surveyed and a replat created the parcel to be known as Tract
A-1A, Seward Tidelands Survey ATS 1574, Tract A, Replat No. 2; and
WHEREAS, Council recommended the Kenai Peninsula Borough approve the replat on
August 10, 2015 by Resolution 2015-065.
CITY OF SEWARD,ALASKA
RESOLUTION 2015-086
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD,ALASKA that:
Section 1. The Seward City Council approves and authorizes the ten (10) acre proposed
mitigation site to be known as Tract A-1A, Seward Tidelands Survey, ATS 1574, Tract A,
Replat No. 2 as the required mitigation site as noted in POA-1980-468-M13.
Section 2. The Council further authorizes the City Manager pursuant to execute, upon
completion of necessary replatting, the Mitigation Plan POA-1980-468-M13 and Restrictive
Covenant.
Section 3. This resolution shall take effect 30 days after passage and posting as required
by Seward City Code § 7.05.145.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska,this
12th day of
October, 2015.
THE CITY OF SEWARD,ALASKA
can Bardarson,Mayor
AYES: Casagranda, Keil, Squires, Butts, Darling, Bardarson
NOES: None
ABSENT: Terry
ABSTAIN: None
ATTEST:
Jo anna Ki CMC
ty Clerk
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Agenda Statement
sell,
Meeting Date: September 28,2015.416o
To: City Council gtasr P
Through: Jim Hunt, City Manager WI
Ron Long,Assistant City Mans ger
From: Donna Glenz, Planner
Agenda Item: DEDICATING TRACT A-1A, SEWARD TIDELANDS
SURVEY ATS 1574, TRACT A, REPLAT NO. 2, AS THE
MITIGATION SITE AS SPECIFIED IN THE CONDITIONS
AND MITIGATION DETAILS INCLUDED IN THE USACE
PERMIT#POA-1980-469-M13 ISSUED MAY, 2015.
BACKGROUND &JUSTIFICATION:
Development of the Seward Marine Industrial Center (SMIC) is and has been a high priority of
the community and the City for a number of years. A phased plan was adopted and State
funding towards the expansion project, including breakwater engineering and construction was
awarded.
R and M Consultants, Inc. was awarded the contract for coastal marine engineering services and
have worked diligently with the U.S. Army Corps of Engineers (USACE) and the City to secure
the needed permitting for the construction of the SMIC expansion breakwater.
Mitigation is a condition of the USACE permit issued for construction of the Seward Marine
Industrial Center Improvements Project. As mitigation, the Corps would consider cash into an
account managed by the Corps, Conservation Easement(s) overlaid on parcels meeting the
criteria, or Restrictive Covenant(s) to generally the same criteria. As least impactful to City
budgets, staff resources and future development, the City of Seward has proposed a restrictive
covenant to preserve a tract of equitable tidelands within Resurrection Bay, and the Corps
accepts them as suitable to offset unavoidable impacts to the marine environment subject to the
establishment of the Restrictive Covenant. The identified tract of land known as, Tract A-1A,
Seward Tidelands Survey ATS 1574, Tract A, Replat No. 2, shall be preserved in perpetuity as a
Restrictive Covenant with established uses and prohibitions to maintain the ecological value of
the tidelands. Permit conditions and mitigation details are included in the USACE Permit#POA-
1980-469-M13 issued May, 2015 (relevant sections included). Council recommended Kenai
Peninsula Borough approval of the replat of this parcel through Resolution 2015-065 at the
August 10, 2015 regular meeting.
INTENT:
To dedicate Tract A-1A, Seward Tidelands Survey ATS 1574, Tract A, Replat No. 2 as a
mitigation site and to authorize the City Manager to execute, upon completion of necessary
replatting,the USACE Mitigation Plan POA-1980-468-M13.
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan (2020, approved by Council 2005):
Economic Base:
Complete development of Seward Marine Industrial Center (SMIC) as
a revenue source with year-round employment opportunities.(Bullet X
12,page 16)
Section 3.5.1.2 & (Bullet 5) Supports the continued development of the
Seward Marine Industrial Center. (page 24)
Strategic Plan (1999):
Economic Base
X
Expand Development in the Seward Marine Industrial Center
SMIC). (page 7)
Municipal Lands Management(2014—Update)
Description: Tidelands east side Resurrection Bay X
Recommendation: Retain ownership
FISCAL NOTE:
The City's costs of executing the replat involve staff time and minimal out-of-pocket cost.
Approved by Finance Department:A0m/ lAtk,d,qp._
ATTORNEY REVIEW: Yes / No
RECOMMENDATION:
Approve Resolution 2015-
03t1)
approving Tract A-1A, Seward Tidelands Survey ATS 1574,
Tract A, Replat No. 2 as a mitigation site and authorizing the City Manager to execute the
USACE Mitigation Plan POA-1980-468-M13.