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Home My WebLink AboutRes2008-096Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2008-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE PURCHASE OF NINE PARCELS OF PROPERTY IDENTIFIED FOR CONSERVATION EASEMENT AND COMPENSATE FOR IMPACTS TO FISH HABITAT AS REQUIRED BY THE JAPANESE CREEK LEVEE PROJECT MITIGATION PLAN, AND APPROPRIATING $180,000 IN GRANT FUNDS WHEREAS, the Seward City Council. passed Resolution 2007-041 on April 23, 2007, authorizing the city manager to negotiate with property owners to acquire nine parcels identified by the Department of Natural Resources for preservation, and to pursue easements and/orrights-of--way as necessary for the remainder of the project; and WHEREAS, each proposed purchase agreement will specify the requirements of Seward City Code 7.05, which necessitates that prior to final acquisition of property by the City, a public notice will be filed and a public hearing held, with the essential terms and conditions of each proposed acquisition being made available for review to the general public prior to the public hearing, and will also specify that property purchases are contingent upon the City's receipt of all required permits for the project; and WHEREAS, this resolution authorizes the city manager to take the following actions: 1) make offers on property consistent with Council direction, with such offers subject to final City Council approval; 2} to facilitate property acquisition by the City directly, and to work with the U.S. Army Corps of Engineers ("Army Corps") to burden each of of these nine parcels with a conservation easement with athird-party authorized by the Arn~y Corps to manage conservation properties; and 3) to work with the Kachemak Heritage Land Trust or another third-party authorized by the Army Corps, to complete the requirements of the Japanese Creek levee project mitigation plan, including compensating for impacts to fish habitat and facilitating mitigation and conservation efforts; and WHEREAS, this resolution addresses conservation and mitigation requirements, since it is necessary for the City to demonstrate to the permitting agencies -- prior to the receipt of permits -- that the City's tangible compensatory mitigation efforts reflect fair compensation for the adverse impacts of the levee/road project to habitat; and WHEREAS, the purchase of additional properties and/or rights-of--way necessary for the project will be brought before Council for a subsequent authorization once property appraisals and negotiations are complete. CITY OF SEWARD, ALASKA RESOLUTION 2008-096 NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The amount of $180,000 is hereby appropriated from State legislative grant funds account no. 666-6662-4680-0200, to pass through account no. 666-6662-5998. Section 2. The City Manager is hereby authorized to negotiate for the acquisition of nine parcels according to the map attached hereto subject to final Council approval and receipt of all necessary project permits. Section 3. The City Manager is hereby authorized to satisfy the requirements of the Japanese Creek levee project mitigation plan presented at this meeting, in conjunction with the Army Corps, to include compensating for impacts to fish habitat and facilitating mitigation and conservation efforts. Section 4. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, September 22, 2008. THE CITY OF SEWARD, ALASKA C~ Clark Corbridge, Mayor AYES NOES: ABSENT: ABSTAIN ATTEST: Dunham, Valdatta, Bardarson, Amberg, Kellar, Corbridge None Smith None ~ . .. ,~ __ .. ,~:° 1 ~ (j Je Lewis, CM Ci' y Clerk. (City Seal) ''~~os~~~~sr~~~t ~~~.~ ~~ S~~ ~~~. • ~1 ! gN .. tr 0. y ' l ~+a ~n.r ~ r ~ n _u 8 M ® Y Y ~ ~ ..~ r.. ~?~.... -mow! ~ r 4 ~ ~ N. ,~ 1 • ~0~1 ~ o F~~- ~p,4~~~, Council Agenda Statement Meeting Date: September 22, 2008 From: Phillip Oates, City Manage~~r'%~~ Agenda Item• Levee Property Negotiations and Compensatory Mitigation Measures BACKGROUND & JUSTIFICATION: The City Council met in executive session to discuss the purchase of properties for the levee project. The project requires the purchase of two sets of property. The first set of property includes nine parcels specifically identified by the Department of Fish and Game, which the City is required to purchase and place into a conservation easement to compensate for the adverse effects of lost habitat resulting from the Japanese Creek levee/road project. The attached resolution addresses negotiations for the purchase of only these properties. In the future, we will come forward with a request to negotiate with property owners for property acquisitions not related to the conservation easements. The city manager is not allowed to commit the City to spending in excess of $10,000 without specific Council authorization, so this resolution requests an appropriation of funds to allow the city manager to negotiate with specific property owners, for the purchase of their property. These negotiations will follow the direction given to the city manager during an executive session of the City Council. The intent of this resolution is to authorize the city manager to sign purchase contracts in order to guarantee the City's purchase price for each parcel of property. The purchase contracts will be subject to the City's receipt of all required permits for the project, as well as to final City Council approval. This resolution also authorizes the City to pursue the requirements of the attached Japanese Creek levee/road project mitigation plan, which addresses the avoidance, minimization, and mitigation measures required to minimize impacts to wetlands. By committing to this plan, the City has obtained assurance from all participating state and federal agencies, that they will support the City's permit applications for this project. CONSISTENCY CHECKLIST: Where applicable, this resolution/ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: Funding for thi oject is available through a State legislative grant. Approved by Finance Department: RECOMMENDATION: City Council approve Resolution 2008 C~~ thorizing the appropriation of funds to negotiate property purchases, facilitate conservation easements, and pursue the mitigation plan requirements of the Japanese Creek levee/road project. 3~ .~. _ `~..~~ h {. ~'~ :'5+ "may ~ "~ ^z 11 , ~ ~~' ~ . ~....,..,,...~r,~. kx „ . , ~ ~ Vin. ~~. ~{ti ~ `- Japane se Creek _ ,~ t ' ~- t h ~ ,f ,.. ~.'` k , ~ ~ r ~ ~~~ ~ `^ ~ ~ ~`~ ~ '"' ~ .r "~ ~~'"~~ dj ~~~~~ Resurrection _ ;,_ ~ ~1 ~ ~ _ °~d Blvd -~ ~ River ~ ~` ~' ,~ `- . , ..~., : - ~ ~ -. , .°" ,4403060 ,~3+°'°"" ~ i . ~ - ~ _ _ ~ Res 8 ~~ , ? L J , '' "" . `~~~ ~"" '~~ ~' \ \ i -~ ' `~' °~ ; ~ ~ Japanese Creek ~, ~. ~ Existing .. ,~ _ :~ realignment Existing ~,. R 13 ~ ~ 745033,0 Res 2 Japanese Creek Levee 1450340, es f~ y n - , 74505,01 ~, - -1aso5z„ i1 !,45052,3 '~~ r _ baekwate ':~ : ~ Res , o ~, : ~; R~411 '~ ~:~ ~ ~ ~ ~° ".- channel . 5 ~ ` X?d', f1~', ~ . e ~ a145o ~~ ~. , ~ R ~ c. v, ~ ~ ~~ Legend ~ ~ Abandoned creek ~14~ 6 ~ ~ ~s ~`~ "' !~`. ~~`_, '~,4~ Levee/road footprint (and s2,6 ; . , ~ _ . ; ~ , U associated disturbance zone) North Forest Acres ~~~ R~~'3 ~t .: ~~ ~~~~~~ Japanese Creek realignment ~ + ,45063,1 % r ,450~21~1 Subdivision ~~ Ram ~ . ~ ..~~,, ~ .ri ,.~~~ ,z: , ; :~' .. ~ ~ ~ " ~ Existing Levee i7es _, 4 Y...~...,~ w' ~ 5 Res 16 d. ~ 14506407 ,4~~,,, , , , , ~ ' a ~ `~::.~=: ' Wetland n ~ ''• ,45oz,32 °~y c Q' i # Res 3 f ,~~ II x ~ /%/ W r t ' V i i ` ~= ®` ~ , etland impacts s ~ Res 7 r 7 a l ,4501,02 lJ s tsf Waterbody ~ - - - Wetland mapping limits ,' ~ w Z __ ,~ t , N, ' _._______ Property Boundaries `, U ,' ~ ~ ~ ~ ~~~ ~ Property owner information ~ ~Ie~~o ,` ~ ~ ~ ~ ~ ' See attached table ~ ck AVe -- - w _ , ~ E ~' s Location: T. 1N, R. 1 W, S. 34 & 27 Wetland Impacts Along 2008 North Forest Acres Seward Meridian Proposed Alternative Levee/Road Project N Seward, Alaska Application by: `" USGS Quad Seward (A-7) City of Seward Sheet 2 of 5 ' x PO Box 167 Waterbody: Japanese Creek ;; 0 250 500 Feet Seward AK 99664 COE Number: M-2000-0052, Japanese Creek 1 ~ ~ I Date: June 20D8 ~~~~ _ ~~; p~, ~~, ar ^, >>~, ss, ~~~, a~, a,1~ ~r~~,