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HomeMy WebLinkAboutRes2015-086 Sponsored 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 t,e:0051 (City Seal) /6%A � aoo.e..e... . i9Ad U ❑ © B EAU ' ® u c, o 0 Q� tij� 0 0000 'kB-ass e��d `; ����0"4 °o� i7';e oF�Pr� oa4"' ae. Agenda Statement Hof sell, Meeting Date: September 28,2015. 416o To: City Council �` gtasr�P • Through: Jim Hunt, City Manager W I 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.