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HomeMy WebLinkAboutRes2008-036Sponsored By: Oates CITY OF SEWARD, ALASKA RESOLUTION 2008-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA TO APPROVE AND ADOPT THE SEWARD/BEAR CREEK FLOOD SERVICE AREA FLOOD HAZARD MITIGATION PLAN WHEREAS, the Seward/Bear Creek Flood Service Area (SBCFSA) was established in 2003 to help manage and reduce risks and impacts associated with flooding in the Seward area; and WHEREAS, the Seward/Bear Creek Flood Service Area boundary includes the City of Seward; and WHEREAS, the mission of the SBCFSA is to provide flood planning, protection and mitigation services in coordination with the appropriate agencies to reduce the risk of flood damage to private and public property through addressing issues that best reflect a fair use of the tax levy for watershed-wide benefit; and WHEREAS, the Seward/Bear Creek Flood Service Area has revised and expanded the scope of their 2005 Flood Hazard Mitigation Plan to meet FEMA standards `,~, by means of a FEMA Planning Grant; and WHEREAS, the revised and updated SBCFSA Flood Hazard Mitigation Plan has been approved by the Seward/Bear Creek Flood Service Area Board; and WHEREAS, the revised and updated SBCFSA Flood Hazard Mitigation Plan has been adopted by the Kenai Peninsula Borough Assembly at their meeting of 3/11/08; and WHEREAS, the SBCFSA Flood Hazard Mitigation Plan has been approved by FEMA, Region X and the State of Alaska Homeland Security Department; and WHEREAS, the SBCFSA Flood Hazard Mitigation Plan compliments and augments Annex A in the City of Seward's All Hazard Plan concerning flood mitigation planning; and WHEREAS, the SBCFSA Flood Hazard Mitigation Plan contains an extensive inventory of waterways of concern and specific infrastructure and development that is threatened during flood events; and WHEREAS, the City of Seward chose the present tract of land over a prior proposed location for the Seward Long Term Care Facility precisely because the City CITY OF SEWARD, ALASKA RESOLUTION 2008-036 concluded that it does not lie in a risk area, as alleged in the Flood Hazard Mitigation Plan (p. 29); and WHEREAS, the City of Seward has been told clearly and decisively by authorizing government agencies that the North Forest Acres Levee/Access Road Project will not be approved along the "Red Line" bypass route endorsed in the Flood Hazard Mitigation Plan (p. 30); and WHEREAS, the City of Seward agrees that the Fourth of July Creek levees should be inspected but has no present factual evidence of any clear and present danger compelling inspections and updating or replacement of levees "before" carrying forward present development plans for the AVTEC Fire Training Center and expansion of Spring Creek Correctional Institution, as recommended in the Flood Hazard Mitigation Plan (p. 42); and WHEREAS, the mitigation measures identified throughout the SBCFSA Flood Hazard Mitigation Plan call for coordination between local, state and federal agencies to address flood issues and avoid duplication of effort. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. The Seward/Bear Creek Flood Service Area Flood Hazard Mitigation Plan, dated November 2007, is hereby approved by the Seward City Council in principle. Section 2. The City of Seward finds insufficient evidence to conclude that the Long Term Care Facility is being built in a flood risk area, and respectfully disagrees with that conclusion in the Flood Hazard Mitigation Plan. Section 3. It is impossible to build the North Forest Acres Levee/Access Road Project along the "Red Line" bypass route, and the City of Seward respectfully disagrees with that recommendation in the Flood Hazard Mitigation Plan. Section 4. While the City of Seward endorses the recommendation for inspection of the levees on Fourth of July Creek, the Flood Hazard Mitigation Plan offers no factual evidence of imminence, such that further development in the Seward Marine Industrial Complex (AVTEC Fire Training and Spring Creek Correctional expansion) should cease until such inspections occur. Section 5. The City of Seward heartedly commends the Seward Bear Creek Flood Service Area board and staff for composing a Flood Hazard Mitigation Plan of commendable quality and practical usefulness to the community of Seward. CITY OF SEWARD, ALASKA RESOLUTION 2008-036 Section 6. This resolution takes effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28`" day of April, 2008. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: Kellar, Dunham, Bardarson, Amberg, Valdatta, Corbridge NOES: None ABSENT: Smith ABSTAIN: None ATTEST: Jean ewis, C~VICs City Clerk ~'' ~ ,q*'`` ,~ d~ ;yea ~`' -~, y ~ _.,_ s ~ ~. •.~. ~~.y 1 ,~ry~.J• ',• ~1 ~ A ~~~ar~ i~~sJ~ ~1-~~' ~a~N.nn ^~~r'~ Council Agenda Statement Meeting Date: Apri128, 2008 To: Phillip Uates, City Manager ~.~/ From: Bob Hicks, Community Development Director Agenda Item: A Resolution of the City Council of the City of Seward Alaska to Approve and Adopt the Seward/Bear Creek Flood Service Area Flood Hazard Mitigation Plan BACKGROUND: A draft Flood Hazard Mitigation Plan was reviewed by the Planning and Zoning Commission in mid 2007. The Commission found no comments or exceptions. During a January, 2008 joint meeting, the SBCFSA board informed the P & Z Commission that the Plan had been submitted to FEMA for approval. A few copies were handed to commissioners at that time, and more sent to the rest of the commission days later. However, there was no indication that the Plan submitted to FEMA was different, nor was there any request that P & Z review the document again. The SBCFSA submitted its Resolution directly to the City Council for approval and adoption. Plans "guide the land use regulation system" of the City of Seward. SCC 15.05.020 Changes in land use regulation in Seward should first be reviewed by the Planning and Zoning Commission. SCC 15.01.035D(2)&(3). The staff of the Community Development Department therefore scheduled the matter for quick review again by the Planning and Zoning Commission, during its meeting of March _, 2008. Through a miscommunication between SBCFSA staff and Community Development staff, the P & Z Commission was informed that there were no changes from what they had reviewed earlier in 2007. We presumed this was a perfunctory process, merely accommodating a formality before final Council approval. During the P & Z meeting, one commissioner noted that some information in the Flood Hazard Mitigation Plan could not have been in the earlier version, because the City did not acquire the LTCF property until October, 2007. Upon further review, commissioners and staff found three problems with an unqualified approval of the Plan by the City of Seward. At page 29, the Flood Hazard Mitigation Plan states, Infrastructure at risk on the Japp Creek alluvial fan includes all Seward schools, .... In 2007 the City of Seward chose a tract of land also in the risk area on which to build the future Seward Long Term Care Facility. In fact, the City of Seward abandoned an earlier site and chose the present site precisely because it would not be in a flood risk area. It would be grossly irresponsible for the City of Seward to ~ `~ build such a care facility in a flood risk area. It would be equally irresponsible for the Kenai Borough School District to build schools in a flood risk area. The Flood Hazard Mitigation Plan does not give technical or scientific definitional validity to its use of the words "risk area" in the quoted paragraph. The City of Seward should not endorse a subjective opinion that clearly flies in the face of prior studied decisions to move the LTCF, and imminent construction at this present, safe location. At page 30, the Flood Hazard Mitigation Plan states, Encourage the City of Seward to follow [through] with the Japp Creek Levee "Red Line" bypass road to provide [an] alternate access and emergency evacuation route. That is impossible. Permitting agencies have clearly and decisively stated that they will not approve the levee road along that route. Hence, the City cannot "approve and adopt" that statement in the Plan. At page 42, the Flood Hazard Mitigation Plan states, In 2007, further development of the Seward Marine Industrial Complex was approved by the Seward City Council as well as a project to add on to Spring Creek Correctional Institution. The current levees need to be inspected and updated or replaced if needed before these plans are carried out. [Italics added] As the Plan states in the preceding sentence on page 42, "In 1991 the City of Seward funded the modification of the levees which in 1992 were determined by the Corps of Engineers to be able to prevent most flooding without significant damage." There is no factual evidence in the Plan suggesting that any levee poses a clear and present danger to continuing development, so imminent that all development should stop until "inspected and updated or replaced if needed." The staff agrees that these levees should be inspected, and as soon as possible. It has been 16 years since the Corps of Engineers determination of reasonable capability. But, there is no factual evidence in the Plan suggesting that these levees are presently in serious disrepair, such that inspection must occur "before" development of the AVTEC fire training school, and development of the Spring Creek Correctional Facility. FISCAL NOTE: N/A 1/' Approved by Finance Department: ~'~~~~ RECOMMENDATION: (1) The Administration recommends adding three background statements to the "whereas" clauses of the Resolution: WHEREAS, the City of Seward chose the present tract of land over a prior proposed location for the Seward Long Term Care Facility precisely because the City concluded that it does not lie in a risk area, as alleged in the Flood Hazard Mitigation Plan (p. 29); and '", ,.; ~'1 N.% WHEREAS, the City of Seward has been told clearly and decisively by authorizing government agencies that the North Forest Acres Levee/Access Road Project will not be approved along the "Red Line" bypass route endorsed in the Flood Hazard Mitigation Plan (p. 30) WHEREAS, the City of Seward agrees that the Fourth of July Creek levees should be inspected but has no present factual evidence of any cleaz and present danger compelling inspections and updating or replacement of levees "before" carrying forward present development plans for the AVTEC Fire Training Center and expansion of Spring Creek Correctional Institution, as recommended in the Flood Hazard Mitigation Plan (p. 42); and (2) The Administration recommends adding four findings and conclusions to the "resolved" clauses of the Resolution: SECTION 2. The City of Seward finds insufficient evidence to conclude that the Long Tenn Care Facility is being built in a flood risk area, and respectfully disagrees with that conclusion in the Flood Hazard Mitigation Plan. SECTION 3. It is impossible to build the North Forest Acres Levee/Access Road Project along the "Red Line" bypass route, and the City of Seward respectfully disagrees with that recommendation in the Flood Hazard Mitigation Plan. SECTION 4. While the City of Seward endorses the recommendation for inspection of the levees on Fourth of July Creek, the Flood Hazazd Mitigation Plan offers no factual evidence of imminence, such that further development in the Sewazd Marine Industrial Complex (AVTEC Fire Training and Spring Creek Correctional expansion) should cease until such inspections occur. SECTION 5. The City of Seward heartedly commends the Seward Bear Creek Flood Service Area board and staff for composing a Flood Hazard Mitigation Plan of commendable quality and practical usefulness to the community of Sewazd. Section 5 is included in the staff recommendation because, but for three "details" critical for the City, this 57-page (plus Appendices) Plan is a masterful product bringing huge benefit to the entire community of Seward. n ? c.. f..