Loading...
HomeMy WebLinkAboutRes2007-014 Sponsored by: Yoder --- CITY OF SEWARD, ALASKA RESOLUTION 2007-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING APPROVAL OF DEPARTMENT OF ARMY MEMORANDUM FOR RECORD AND ACCEPTING DISPOSAL AREA 1 RELATING TO CONTRACT W911KB-04-C-0004, HARBOR IMPROVE- MENTS, SEWARD, ALASKA WHEREAS, under the June 2003 Project Cooperation Agreement between the Department of the Army ("Corps") and the City of Seward for Construction of the Harbor Improvements, dredged and excavated material was deposited behind the newly extended breakwater creating certain filled area described by the Corps as "BOD Disposal Area 1 "; and WHEREAS, that certain Memorandum For Record dated May 25,2005, was presented to the City for signing subject to the City's receipt of a survey of the filled area; and WHEREAS, the City now possesses a topographical survey describing the BOD Disposal Area l; and .... WHEREAS, the City is now ready to accept the completion of the filled area described as BOD Disposal Area l; and WHEREAS, this acceptance is limited to the filled area only and shall not be construed as acceptance of the breakwater itself, recognizing that issues remain to be resolved by the Corps relating to the breakwater as constructed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The interim city manager is authorized to sign the Memorandum For Record dated May 25, 2005, and deliver it, together with a copy of this resolution to the Department of Army. Section 2. Nothing else shall be implied by the signing ofthe attached agreement other than what is specifically stated therein and the City hereby reserves all rights against the Department of the Army that may exist due to any problems related to the design or construction ofthe breakwater. Section 3. This resolution shall take effect immediately upon its adoption. ..... CITY OF SEWARD, ALASKA RESOLUTION 2007-014 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12th day of February 2007. AYES: NOES: ABSENT: ABSTAIN: ATTEST: THE CITY OF SEWARD, ALASKA ~1//;; _ A/~il~ Vanta Shafer, Mayor / Valdatta, Bardarson, Schafer, Thomas, Amberg, Shafer None Dunham None o ~ '--0 -c:.::-1 ~ AA ./- i 'A!f. X) Je~WiS' ~~ty Clerk (City Seal) ,\'I.\U8I1,,0.+ ~.....\' Or SE:l1;~"'~, .:' ,~--l............ ~~ ";1' $ v'....o?POR,q;.... ~ ~ ... .....::fJ ~~'. ~ ~ :~ -+- ~~ p - . . ~ ': ...: 8;';1 AT: ." :; ~~ v : ..t~.A~~: ~ . ['..I . . n d . . Q ~,,~ .. ---- .. (~ ". ..... . ",' ~ c.'l ',v(.. ^,\V,' __ ... .' '~'" IV!: 1 ,\~..'",I~ ~ 'tI'.,. ..".,.,~.....ol.... "C:J".,.~ 'q ; 1: OF ^ \ .r" .';0" ~'" ,...~ ,',' "'''H~t''\' J j ...... J COUNCIL AGENDA STATEMENT Meeting Date: February 12, 2007 Through: Marvin Yoder, Interim City Manager From: Scott Ransom, Harbormaster Agenda Item: Resolution to Authorize the City Manager to Sign the Memorandum of Record and accept BOD Disposal Area 1 relating to Contract W911KB-04-C-0004, Harbor Improvements, Seward, Alaska, by the Department of the Army, U.S. Engineering District, Alaska, Southern Alaska Area Office. BACKGROUND & JUSTIFICATION: Under the June 2003 Project Cooperation Agreement between the Department of Army (the "Corps") and the City of Seward (the "City") for Construction of the Harbor Improvements (the "Agreement"), dredged and excavated material was deposited behind the newly extended breakwater creating approximately 3.5 acres of filled land described by the Corps as "BOD Disposal Area 1." Apart from the filled area, the breakwater is a separate general navigation feature that continues to be operated and maintained by the Corps under the Agreement. The City has not signed this document pending completion of a topographical survey by the Corps. The City now has this survey describing the filled land. Following signing, the City may direct the day-to-day use of the filled area; provided, however, that all use is subject to and subordinate to the doctrine of Navigational Servitude. Navigational Servitude is a federal right to use tide and submerged lands for navigational purposes, which, if not exercised by the federal government, may be exercised by the state or a political subdivision. Navigational Servitude is a dominant servitude which extends to all lands below the ordinary high water mark and is grounded in the power of the federal government to regulate commerce. Where it applies, Navigational Servitude continues regardless of ownership of tide and submerged lands, and under this doctrine the federal government may, at any time, construct levees and breakwaters, dredge channels, deposit dredged materials, and make other improvements to aid navigation. The use of tide or submerged lands by the Corps under Navigational Servitude is not considered a governmental taking and no compensation is required. To waive or abandon this right takes specific action by the federal government. Waiver of Navigational Servitude may not be implied but must be surrendered in unmistakable terms. United States v. Cherokee Nation of Oklahoma, 480 U.S. 700 (1987). In this particular case, the federal government has retained the right to utilize the Navigational Servitude over all areas applicable and the memorandum For Record described above does not waive this right over land created by the dredge/fill material. In addition other local, state, and federal laws may also affect use of the filled land. The Harbor Improvements Final Interim Feasibility Report, Volume 2, September 1998, indicates that the area is in the high risk seismic hazard area and that there may be restrictions on the use of federal funds in such areas for certain new construction. Any use of the filled land must also comply with Seward City Code ("SCC") 15.25, Floodplain Management. The Breakwater and the filled land appear to be located in the coastal high hazard area under SCC § 15.25.050 D and special Page 1 restrictions apply to construction in such areas in addition to the general provisions of SCC § 15.25.030. Most notably, the use of fill for the support of buildings within zones V1-V30 on the Flood Insurance Rate Map is prohibited. SCC § 15.25.050 D(4). CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plan, Land Use Plans, Strategic Plan and City Council Rules of Procedure. FISCAL NOTE: There is no cost associated with signing the Memorandum of Agreement and accepting this land, for use by the City. It may be determined that there is a potential future use for this area, in which case the revenues and costs associated with such use would be projected by staff and such information provided to Council. Approved by Finance Department RECOMMENDATION: The administration recommends approval of Resolution 2007-014 providing City Council approval of accepting Disposal Area 1 and authorizing the City Manager to sign the Memorandum For Record indicating the City's acceptance of Disposal Area 1 Relating to Contract W911KB-04-C-0004, Harbor Improvements, Seward, Alaska, solely for the purposes indicated by that Memorandum For Record. Page 2