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HomeMy WebLinkAboutRes2008-046Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2008-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURSUE ENVIRONMENTAL PERMITS FOR THE NORTH FOREST ACRES LEVEE/ROAD PROJECT, IN ACCORDANCE WITH THE ALIGNMENT CONTAINED ON THE ATTACHED MAP AND TO NEGOTIATE THE ACQUISITION OF EASEMENTS, RIGHTS-OF-WAY, AND/OR PROPERTY NECESSARY FOR THE PROJECT WHEREAS, the City of Seward completed Phase I of the west Forest Acres levee in 2002, began the process of procuring permits for Phase II of the project, and was required to obtain an Environmental Assessment for Phase II of the project, which was completed in 2004; and WHEREAS, in early 2004, participating agencies met on a number of occasions to seek consensus on the levee alignment, given that the agencies preferred the levee as far south as possible, outside of the flood plain, while the prof ect neighbors preferred the levee as far north and away from their properties as possible. The result of these meetings was a "compromise" alignment under which a Finding of No Significant Impact was issued by the federal sponsoring agency, the Natural Resources Conservation Service, and this alignment did not include floodgates or gabion walls, and did involve rerouting approximately 800' of Japanese Creek. City staff submitted this proposed "consensus" alignment to the Seward City Council for final approval (Resolution 2004-089), but the ~• alignment was rej ected by the Seward City Council because of the proximity of the westerly portion of the levee to private homes; and WHEREAS, on August 9, 2004, the Seward City Council directed the administration to pursue the "red-line" alignment which was a more northerly alignment, and which required a Supplemental Environmental Assessment. This alignment involved additional engineering to add floodgates and headwalls, and required new permit applications. This alignment has received significant opposition from a number of state and federal agencies involved in the project, and has threatened the funding and viability of the entire project; and WHEREAS, at a worksession on March 24, 2008, after reading the written obj ections raised by the agencies, and after hearing that federal funding for the project was in jeopardy if the City did not agree to accept modifications to the previous "consensus alignment" for which a FONSI has already been issued, the Seward City Council agreed to accept a compromise alignment; and WHEREAS, members of the administration met with 19 representatives of the various affected agencies, at a meeting on Wednesday, April 16, 2008, and concurred on a final alignment which required minor modifications to the easterly portion of the levee/road, moving it slightly to the south, in order to mitigate wetland impacts, as well as modifications to the far westerly portion of the levee/road, moving it to the south to provide for safer traffic patterns from Dimond Boulevard; and CITY OF SEWARD RESOLUTION 2008-046 WHEREAS, the City Council hereby authorizes the city manager to begin negotiating with affected property owners to secure easements or property acquisition, as appropriate, to complete the project as identified on the attached map, with minor modifications as may be necessary for the purpose of staking and/or engineering. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Seward City Council hereby accepts the alignment as attached hereto, with any minor adjustments as maybe necessary for the purpose of staking and/or engineering. Section 2. The City administration is hereby authorized to pursue environmental permits for the North Forest Acres levee/road, in accordance with the attached alignment . Section 3. The City Manager is hereby authorized to negotiate with property owners to acquire easements, rights-of--way, and/or ownership of parcels affected by the alignment of the levee, as well as to negotiate the tie-in of the levee to the Seward Highway with the State of Alaska Department of Transportation. Section 4. Section 1 of Resolution 2007-041 is hereby rescinded. Section 5. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27tH day of May, 2008. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: Valdatta, Bardarson, Amberg, Kellar, Corbridge NOES: Dunham, Smith ABSENT: None ABSTAIN: None ATTEST: of gEyV•.,~ ~~:~. Je Lewis J ~ ''~' ,~ `'te'a Ci Clerk, C ~ ~ ~ ~ ~ --.- a~ ~~ c=, o (City Seal) ~+~, ~j- ''-~•~-..,"''~c~'`.• Council Agenda Statement Meeting Date: May 27, 2008 From: Phillip Oates, City Manager~~~ Agenda Item: Council acceptance of levee alignment BACKGROUND & JUSTIFICATION: On August 9, 2004, the Seward City Council directed the administration to pursue environmental permits, rights- of-way, and property acquisition for a northerly alignment of the Japanese Creek levee/road, which required a Supplemental Environmental Assessment ("EA"). The City diligently pursued that alignment by completing the Supplemental EA, and applying for permit applications. However, there was significant opposition to the proposed alignment from the U.S. Fish & Wildlife Service and NOAA National Marine Fisheries, with representatives threatening to elevate the matter to the federal level. Based on this opposition, the National Resource Conservation Service ("NRCS") informed the City that unless the City was willing to revise its accepted alignment to the levee, the federal funding for the project would lapse. As a result, the City Council met in a work session on March 24, 2008, to discuss the issue, and agreed to a revised alignment. The city administration told Council that a resolution in support of the alignment would be brought before the Council for final approval. Following the Council work session, the city manager and staff met in Anchorage with numerous officials representing all affected federal and state agencies, to ensure that the alignment would be acceptable to the permitting agencies. The agencies suggested a minor southward shift of the alignment at the intersection to the Seward Highway, in order to mitigate loss of wetlands and ensure a more safe approach of the levee to the highway, as well as a southward shift of the alignment on the western-most end of the levee, to eliminate some unnecessary meandering of the road-portion of the levee, and improve the safety of the road. The alignment adjustments are included on the attached map. The administration supports this alignment because of the importance of this project to enhancing flood protection, because of the likelihood of losing federal funding for the project if an immediate solution is not forthcoming, and because the alignment is acceptable to the agencies responsible for finalizing the permits for the project. CONSISTENCY CHECKLIST Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE The City has approximately $1.7 million remaining in federal grant funds from the National Resource Conservation Service, as well as approximately $900K in state funds. In addition, the State budget includes $2 million, but must pass the Governor's veto process in~order to remain in the 2009 budget. The estimated total costs of the project at this time, is estima~,~y~ at~~~-JilliQn, including construction costs and property acquisition costs. Approved by Finance: ~_ ~ ~`~~!r~;en RECOMMENDATION City Council authorize the Japanese Creek levee/road alignment as shown on the attached map, and rescind resolutions in conflict herewith. r-~ ~=