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 ~''
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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
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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
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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.
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