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HomeMy WebLinkAboutRes2008-135Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2008-135 A RESOLUTION OF THF, CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE DF,CISIONAL DOCUMENT FOR THE NORTH FOREST ACRES LEVEE/ROAD, PART I WHEREAS, the Seward City Council passed Resolution 2007-041 on April 23, 2007 authorizing the City Manager to negotiate with property owners to acquire 9 parcels identified by the Department of Natural Resources for preservation, and to pursue easements and/or rights-of--way as necessary for the remainder of the North Forest Acres levee/road project; and WHEREAS, the Seward City Council passed Resolution 2008-096 on September 22, 2008 authorizing the City Manager to negotiate for the acquisition of the 9 parcels identified by the Department of Natural Resources and to satisfy the requirements of the levee/road project mitigation plan in conjunction with the Anny Corps of Engineers; and WHEREAS, in addition to the 9 parcels required to be purchased by the City as a condition of permitting for the levee/road project, it is necessary to acquire additional property rights as indentified in the decisional document presented at this meeting in order to construct the North Forest Acres levee/road; and WHEREAS, Solstice Environmental Consulting, through its working relationship with William J. Nelson and Associates for engineering and consulting services on the Japanese Creek levee and North Forest Acres levee/road has been actively involved in the levee/road project since 1999; and WHEREAS, the Decisional Document presented at this meeting was prepared by Solstice Environmental Consulting based on its knowledge of the facts and communications with the permitting agencies; and WHEREAS, the Decisional Document identifies the interest in lands that must be acquired by the City in order to construct the North Forest Acres levee/road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is hereby authorized to negotiate for the acquisition of the interests in land as identified in the Decisional Document presented at this meeting, with such modifications as the City Manager deems to be in the best interest of the City CITY OF SEWARD, ALASKA RESOLUTION 2008-135 and provided that such property purchases are contingent upon the City's receipt of all required permits for the North Forest Acres levee/road project and City Council approval. Section 2. The Decisional Document for the North Forest Acres levee/road Part I dated November 2008 prepared by Solstice Environmental Consulting and presented at this meeting is hereby approved and adopted in its entirety. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 8th day of December, 2008. THE CITY OF SEWARD, ALASKA __ / ,, ~ , illard Dunham Vice Ma or Y AYES: Valdatta, Bardarson, Smith, Kellar, Keil, Dunham NOES: None ABSENT: Corbridgc ABSTAIN: None ATTEST: ~_~ Je Lewis, CMC J `, Ct~y Clerk - s4,~e~aersa•p4•• (City Seal) ~+' ~~} ~'~~~ ~ •b, a ,~ a ~~ a , tb .'.~'.~ ~r A LL.~.~ • {ry ~ ,~ h ~ f n a .. ... ;x9 en w ~ ., aK ~ s M 4 , ~ },,~ • 44~ V"~ ., a ai COUNCIL AGENDA STATEMENT Meeting Date: December 8, 2008 Through: Phillip Oates, City Manager RE: Decisional Document to Support Public Necessity of the Proposed North Forest Acres Levee/Road Project BACKGROUND & JUSTIFICATION: As a result of severe flooding in Seward in 1986, FEMA organized a flood mitigation task force to address the issue of hooding and identify the primary mechanisms by which state, local, and federal agencies could mitigate the costly impacts of future flooding. One of the five projects identified as key to mitigating those costly impacts, was construction of a levee to the south and east of Japanese Creek. The City of Seward completed construction of Phase I of the Japanese Creek levee in 2002. Phase Il of the levee construction was much more complicated, as it involved years of negotiations with state and federal agencies, to agree on an alignment of the levee which would cause the least impact to fish and habitat, while meeting the community's needs of minimizing impacts to the adjacent residential neighborhood. After pursuing more than ten alignment alternatives, the current alignment is the only alignment which was viable, given the competing interests of all agencies charged with fulfilling their agency's legal obligations (statutes, executive orders, and regulations) as well as their agency's constituents. The City has finally obtained approval from the agencies to proceed with the project, and anticipates obtaining project permits within the next two months. The Seward City Council is being asked to approve the Decisional Document for North Forest Acres Levee/Road. The purpose of this document is to identify the City's interest in lands which must be acquired by the City in order to construct the North Forest Acres Levee/Road. This document demonstrates the public necessity of this project, including an explanation of the project history and the statement of need for the project. Failure to construct the levee/road will likely result in significant and costly damage to public and private infrastructure, and may threaten the City's ability to qualify for future FEMA funding for flood damage in this area. The City Council has previously authorized the city manager to negotiate for acquisition of full or partial properties related to this project. In the event that property owners are unwilling to negotiate a reasonable sales price for their property, the City Council may be asked to consider a public taking of the property, in order to ensure the protection of life and property from future flooding in this area. 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: ~~ There are no costs associated with adopting the Decisional Document. RECOMMENDATION: City Council support Resolution 2008-f~, adopting the Decisional Document for the North Forest Acres Levee/Road project. i ~ ~ ~J