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HomeMy WebLinkAboutRes2004-100 I I I Sponsored by: Shealy CITY OF SEWARD, ALASKA RESOLUTION 2004-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURSUE ENVIRONMENTAL PERMITS FOR THE "RED-LINE" ALIGNMENT FOR THE NORTH FOREST ACRES LEVEEfROAD PROJECT, AUTHORIZING AN INCREASE IN THE CONTRACT WITH WILLIAM J. NELSON & ASSOCIATES, AND APPROPRIATING FUNDS WHEREAS, following the 1995 flood of Resurrection River and Japanese Creek, FEMA sponsored a multi-agency task force to develop a comprehensive flood mitigation plan for flood risks associated with the waterways on the north end of town, with said task force comprised of representatives from the City of Seward, Kenai Peninsula Borough, Alaska Division of Emergency Services, Alaska Department of Transportation and Public Facilities, Alaska Railroad Corporation, FEMA, U.S. Army Corps of Engineers, National Resource Conservation Service, and the Alaska Department of Community and Regional Affairs; and WHEREAS, this FEMA task force released a final report in 1998, identifying five projects that would need to be implemented together to protect Seward from future flooding in this area, with the construction of Japanese Creek levee being one ofthe critical components of a successful flood mitigation plan; and WHEREAS, construction of a levee to the north of Forest Acres subdivision provided a valuable opportunity to accomplish one of the community's long-standing goals of developing an alternative access route to the landfill from the Seward Highway to avoid heavy truck traffic through the Forest Acres Subdivision (SCC Reso. 90-099 and Kenai Peninsula Borough Ord. 90-66), and thus resulted in the decision to construct a dual-purpose levee/road; and WHEREAS, the City has worked diligently over the past five years with representatives from the Natural Resource Conservation Service, Alaska Division of Natural Resources - Office of Habitat Management and Permitting, the U.S. Fish and Wildlife Service, Army Corps of Engineers, and the National Marine Fisheries Service, to determine a levee alignment that is acceptable to each of the agencies charged with protecting habitat, wildlife, and resources, as part of three distinct permitting processes, but at its August 9, 2004 meeting, the Seward City Council directed the administration to pursue the "red-line" alignment of the 1eveellroad, and rejected the compromise alignment that had been negotiated and agreed to on May 21, 2004, by the City administration and the participating agencies; and WHEREAS, pursuit of the "red-line" alignment requires additional work as follows: re- drafting and re-designing of the levee/road to include floodgates and headwalls, design of the culvert's fish passage, additional field survey work, preparation of a wetlands mitigation plan, rewriting of the FONSI and proper public notice of same, preparation of new project permit applications, work with the Department of Transportation to obtain an approach permit based on the connection of the levee with the Seward Highway, and additional public process meetings; and WHEREAS, pursuit of the "red-line" alignment is also understood to require future negotiations with property owners regarding right-of-way acquisition, as well as considerable CITY OF SEWARD, ALASKA RESOLUTION 2004-100 mitigation measures to compensate for the anticipated loss in wetlands and fish habitat, funding for which is not addressed in this resolution. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City administration is hereby authorized to pursue environmental permits for the red-line (northernmost) alignment of the North Forest Acres Levee/Road Project. Section 2. The City Manager is hereby authorized to approve contract change order number 4 with William J. Nelson and Associates to reflect an increase of $74,518.68 (including 10% contingency). Section 3. The amount of $74,518.68 is hereby appropriated from the NRCS Flood Mitigation Project grant account no. 666-6660-4680-0100 to the contracted services account no. 666- 6660-5390. Section 4, This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council ofthe City of Seward, Alaska, this 25th day of October, 2004. AYES: NOES: ABSENT: ABSTAIN: ATTEST: THE CITY OF SEWARD, ALASKA fCMiL jj~ Vanta Shafer, Mayor . Dunham, Branson, Va1datta, Clark, Shafer Lorenz Amberg None (City Seal) ccc.fU"",,, ~~~~ 0' 8~...~"', ,." Jio~.: j.,4.......~~ ~ .:> v'JIP~..'!i'\POA~~'.. fA '-" .. p' '''''11:'' yo ~ ... -:. ~ ~ -...-. t(\:\ .. ." .. 'V~.. :: 0 f SE"t\ T it, E d -"'"l.LI . .. J;4" .....-. ::: ~.. n\ ~ l:: ~c:~~ t';,x ~..~,,~ f\''''. ~.,. ,:. " .. ...... '. " 1. \,. ..L \..... ~.: >.~,.. ~.... u...' ... ('~-. 'Ii "'; <:-' Qt. ^:\..~ o. .~"> '1, r ~ ,,"'...' 'tuu"'" CAS OUNCIL GENDA TATEMENT Meeting Date: October 25, 2004 Thru: Phil Shealy, City Manager From: Kristin Erchinger, Finance Director Subject: Change Order #4 to Contract with William J. Nelson & Associates for North Forest Acres Levee Project BACKGROUND & JUSTIFICATION Following the 1995 flooding of Resurrection River and Japanese Creek, FEMA sponsored a multi- agency task force to develop a comprehensive flood mitigation plan for flood risks associated with the waterways on the north end of town, comprised of representatives from the City of Seward, Kenai Peninsula Borough, Alaska Division of Emergency Services, Alaska Department of Transportation and Public Facilities, Alaska Railroad Corporation, FEMA, U.S. Army Corps of Engineers, National Resource Conservation Service, and the Alaska Department of Community and Regional Affairs. This task force released a final report in 1998, identifying five projects that would need to be implemented to protect Seward from future flooding in this area, with the construction of Japanese Creek levee being one of the critical components of a successful flood mitigation plan. The plan to construct a levee to the north of Forest Acres subdivision provided a valuable opportunity to accomplish one of the community’s long-standing goals of developing an alternative access route to the landfill from the Seward Highway to avoid heavy truck traffic through the Forest Acres Subdivision (SCC Reso. 90-099 and Kenai Peninsula Borough Ord. 90-66). Ultimately, the decision was made to construct a dual-purpose levee/road. Since 1999, the City of Seward has worked with William J. Nelson & Associates and their environmental partner, HDR Alaska, Inc. to bring to fruition the North Forest Acres Levee/Road Project. These firms have negotiated strenuously on behalf of the Citys ’ preferred alignment of the levee, and have examined numerous alternative alignments proffered by the agencies involved in permitting this project, resulting in a significantly higher number of hours on the project than anticipated. These consultants have worked hard to support the City, despite numerous changes in the Citys strategy and position on ’ the project. In May, 2004, representatives from participating agencies finalized and endorsed a compromise alignment. None of the participants in the project were entirely pleased with the outcome (the agencies prefer the levee as far south, outside of the flood plain, as possible, while the project neighbors prefer the levee as far from their properties as possible). The administration felt that Japanese Creek Levee Project Page Two the compromise alignment presented a fair balance between the agencies need to protect wetlands and fish spawning habitat, and the Citys strong interest in protecting its citizens ’ from flood danger and removing heavy truck traffic from Dimond Boulevard. The negotiated compromise alignment was forwarded to the City Council on August 9, 2004, and failed to receive sufficient Council support to proceed. The Council directed the administration to revisit its efforts to pursue the red alignment. Previous efforts to pursue the red alignment emphasized re-channeling Japanese Creek. This has consistently been one of the most contentious components of the levee project. In their September 17, 2004 letter to the Army Corps of Engineers, the U.S. Fish and Wildlife Service noted concern that the City of Seward may back out of the solution agreed to on “ May 21, 2004, and stated, we understand that NRCSs NEPA policies would obligate ““’ them to prepare an Environmental Impact Statement (EIS) if realignment of the creek is ” proposed. The administration strongly favors a strategy that will enable us to salvage our relationship with the agencies based on years of good faith negotiation and compromise, despite Councils objection to the negotiated agreement. It is crucial that the agencies come away ’ from this process knowing that the City values its commitments and maintaining positive long-term relationships. We therefore believe that the strategy that stands the best chance of success given our inability to proceed with the compromised alignment, is one that abandons the concept of realigning the creek, and favors the red alignment with floodgates. We believe that this solution meets the Councils goals of moving the levee as far to the ’ north as possible and protecting important resources from flooding. In addition, by utilizing floodgates rather than realigning the creek, we hope participating agencies will agree not to require a costly, time-consuming EIS. The City first contracted with William J. Nelson and Associates in August, 1999 to perform the design of the levee/road project, and we are now in the projects fifth year. We have ’ experienced numerous delays resulting from the environmental permitting process, turnover of key personnel at the City and some of the agencies, a lengthy public participation process, and numerous alternative alignment considerations. Councils decision to pursue the red alignment adds a number of additional steps, as well as ’ additional cost, to the project. First, the contractor must re-design the red alignment alternative with flood gates and headwalls rather than with the creek realignment, and design work must be done on the culverts fish passage. Additional survey work must be ’ done on the new alignment. The Finding of No Significant Impact document will need to be re-written and re-published. New project permit applications will need to be completed and submitted to the agencies. A wetlands mitigation plan is needed to identify alternative ways in which the City can offset the loss of wetlands and fish habitat resulting from the red alignment, and the City must be willing to commit to funding the cost of this mitigation effort. Once the final alignment is determined and agreed to by the agencies and the City, the administration will work with the Department of Japanese Creek Levee Project Page Three Transportation to obtain an approach permit based on the location of the connection of the levee with the Seward Highway. Based on the change in project direction and focus, the administration requests approval of change order number four to the contract with William J. Nelson and Associates. This change order covers additional costs associated with the above steps, and covers additional work requested by the City including participation at the agency meeting on May 21, as well as presentations to the City Council on July 26 and July 28, at a total additional cost of $74,518.68. CONSISTENCY CHECKLIST Yes No N/A 1. Comprehensive Plan X 2. Strategic Plan X 3. Hazard Mitigation Plan X FISCAL NOTE Funding for this change order is available in the NRCS Flood Mitigation Project Account, 666-6660-3050. In addition to these costs, the City will be expected to pay for mitigation measures in the future, as well as right-of-way acquisition, and funding for these two efforts are not eligible costs within the grant. Finance Approval:___________________________________________ RECOMMENDATION Council approve Resolution 2004____ authorizing a change order in the amount of $74,518.68, including a 10% contingency, to the contract with William J. Nelson and Associates, and appropriating funds.