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HomeMy WebLinkAboutRes2007-079 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2007-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO TAKE SPECIFIC ACTIONS TO REMOVE EXISTING STRUCTURES IN JAPP (JAPANESE) CREEK; ACCOMPLISH REPAIR OF THE DAMAGE TO THE JAPANESE CREEK LEVEE; SEEK TO MANAGE BED LOADING IN JAPANESE CREEK; MINIMIZE THE POTENTIAL FOR FLOOD DAMAGE IN THE FOREST ACRES AFOGNAK SUBDIVISION ADDITION AND OTHER AREAS THAT ARE NOW UNDEVELOPED; AND, DEVELOP A PLAN AND BUDGET FOR BED- LOAD REMOVAL IN JAPANESE CREEK THAT WILL PROVIDE A MODEL FOR FUTURE FLOOD PLAIN MANAGEMENT WHEREAS, Japp Creek (also known as Japanese Creek) has experienced major flooding events in 1986 and 1995; and WHERAS, The Forest Acres Afognak Subdivision Addition is designated as Zone C (no requirement for federal flood insurance) in the 1981 Flood Insurance Rate Map (FIRM) but the designation is under review, and expected to change, as a result of major flooding in the Japanese Creek area in 1986, 1995, and 2006; and WHEREAS, Japanese Creek has been determined a non-navigable waterway by the State of Alaska; and WHEREAS, the proper maintenance of stream bed-loading in Japanese Creek, by the City of Seward, requires the cooperation of a private property owner; and WHEREAS, in response to the flooding events, the City of Seward obtained federal funding from the U.S. Department of Agriculture through the National Resource Conservation Service (NRCS) in 1999 to build the Japanese Creek levee extension; and WHEREAS, on November 22, 2000 a grantor and private landowner conveyed to the City of Seward a levee easement, containing certain terms and conditions for construction ofthe Japanese Creek levee extension; and WHEREAS, the easement grantor/private landowner has the right to also use the land provided such use shall not in any way interfere with the purpose for which the easements have been granted or compromise the integrity of the levee; and WHEREAS, the easement grantor/private landowner built a road, bridge and culvert in the Japanese Creek floodway without a permit from the City of Seward; and WHEREAS, during the 2006 major flooding event the levee sustained damage in three sections of the levee; and CITY OF SEWARD, ALASKA RESOLUTION 2007-079 WHEREAS, the City of Seward received a letter dated December 8,2006 from the State of Alaska Department of Commerce Floodplain Management Program Coordinator identifying serious floodplain management concerns about the unregulated development in Japanese Creek that included the access road, culvert and bridge extending across and blocking the floodplain; and WHEREAS, two separate engineering assessments (William J. Nelson & Associates in November 2006 and Shannon & Wilson, Inc. in June 2007) indicated that primary contributing causes for the damage to the Japanese Creek Levee were the road, culvert, and bridge extending across the floodplain; and WHEREAS, William J. Nelson & Associates found that floodwater being temporarily slowed down upstream ofthe road and bridge was to allow deposition of a large volume of rock and gravel sediment in the bypass channel, thereby decreasing the capacity of the channel and reducing levee freeboard; and WHEREAS, the City of Seward has been requested by a developer to enter into a subdivision agreement for the Forest Acres Afognak Addition that is adjacent to Japanese Creek; and WHEREAS, SCC l5.2S.0S0A.(a) directs that all subdivision proposals shall be consistent with the need to minimize flood damage; and WHEREAS, SCC 15.25.050.4.( d). directs that where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals which contain fifty lots or five acres, or greater; and WHEREAS, an accurate Base Flood Elevation (BFE) in an alluvial fan streambed requires bed loading removal and maintenance to a consistent level; and WHEREAS, the National Flood Insurance Program rules do not permit development in the floodway that increases flood levels; and WHEREAS, the City of Seward faces the loss offederal disaster assistance funds iffederal or state guidelines for floodplain management are not followed (44 CFR, Ch. 1, 10-1-90 Edition, FEMA). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Authorize the City Manager to pursue the following courses of action: 1. Require removal of the road, bridge and culvert in Japanese Creek, as previously agreed to by the developer. CITY OF SEWARD, ALASKA RESOLUTION 2007-079 2. Require the developer to repair damaged sections of the Japanese Creek levee in accordance with the original design specifications of the levee, and ifthe City agrees to the cost, the City would share equally in the cost of the repair. 3. If the developer does not repair the levee, the City of Seward will repair the levee and pursue reimbursement ofthe repair costs from the developer. 4. Require property owners of non-navigable streams, as riparian owners, to remove stream bed loading as required, to maintain the established Base Flood Elevation (BFE). 5. Do not enter into a subdivision agreement for the Forest Acres Afognak Addition until the City of Seward and/or the developer, in accordance with Seward City Code, establish a Base Flood Elevation (BFE) and provisions in the subdivision agreement to minimize flood damage. Section 2. Direct the City Manager to develop a plan and budget for annual inspection and maintenance of Levees in the City of Seward. Section 3. Direct the City Manager to begin working with the Kenai Peninsula Borough, state and federal government agencies and commercial and private entities to manage, prioritize and budget for bed load removal in The City of Seward. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13th day of August, 2007. THE CITY OF SEWARD, ALASKA / / ) i 71,01 L ..4/t#/~,~ Vanta Shafer, Mayor' AYES: NOES: ABSENT: ABSTAIN: Dunham, Bardarson, Thomas, Amberg, Shafer Valdatta None Schafer ATTEST: (City Seal) ",,1 U I""" .......... Or: $~II"t';', .. .c.-{ ........ ~..:.... l O":,"Ct>-POR.i;:;::>'O ~ .. ...::,.v ~~.... .: :~ --.- '-#.. ~ : : \ : '"" SEAL"... ~ ~ ! .. .. : e : 1 ~ : = -;. ---- *. ,\ ....,~. .".... ~ ',. :';~'. 7.lR;, ''iIi'''" 'It' .. r>_, -',.';~~ -,,-,"..v'l::t, "\.... ..L~ ..: ...: ....y~. ..u.... c~""~ ""'" l2 0 F . \ ~'J' "..' 'I'" ~\~, "'uun\\\ , . ,'.... // ""', \.. ..--~,/ \, '-:c,. .' ! --r. ,,, ,[\ ':::::bl2;;l.'I"~~C-l, ~,- "'...J jean Lewis, clytc, , tHy Clerk Council Agenda Statement Meeting Date: August 13, 2007 From: Phillip Oates, City Manager AUTHORIZING THE CITY MANAGER TO TAKE SPECIFIC Agenda Item: ACTIONS TO REMOVE EXISTING STRUCTURES IN JAPP (JAPANESE) CREEK; ACCOMPLISH REPAIR OF THE DAMAGE TO THE JAPANESE CREEK LEVEE; SEEK TO MANAGE BED LOADING IN JAPANESE CREEK; MINIMIZE THE POTENTIAL FOR FLOOD DAMAGE IN THE FOREST ACRES AFOGNAK SUBDIVISION ADDITION AND OTHER AREAS THAT ARE NOW UNDEVELOPED; AND, DEVELOP A PLAN AND BUDGET FOR BED-LOAD REMOVAL IN JAPANESE CREEK THAT WILL PROVIDE A MODEL FOR FUTURE FLOOD PLAIN MANAGEMENT BACKGROUND & JUSTIFICATION : Seward has experienced three major flood events since 1986, which have caused extensive damage to public and private infrastructure. As a result of flooding and upon recommendations from the multi-agency task force charged with developing a plan to mitigate future flood events (including FEMA, Kenai Peninsula Borough, State of Alaska Division of Emergency Services, State DOT, City of Seward, National Resource Conservation Service, Alaska Railroad Corporation, and other interested parties), the City constructed the Japanese Creek levee. In order to ensure the continued safety of the Seward community from risks of future flooding, the City administration is proposing specific measures to mitigate flooding. These measures include recommendations to address the ongoing need to reduce bed loading in local streams, to repair damage caused to the levee, and to enforce floodplain management requirements aimed at minimizing the potential for future flood damage to life and property. CONSISTENCY CHECKLIST Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE The City has received estimates relative to the costs to repair damage to the existing levee, to upgrade the levee, and to remove a portion of the bed loading in the bypass channel only. Funding for these projects may be available from a grant from the State of Alaska. Each of these issues will be brought forward to the Seward City Council for approval and appropriation prior to proceeding with mitigation and/or repairs. Approved by Finance: ___________________________________ RECOMMENDATION City Council authorize the City Manager to pursue the following courses of action: 1.Require removal of the road, bridge and culvert in Japanese Creek, as previously agreed to by the developer. 2.Require the developer to repair damaged sections of the Japanese Creek levee in accordance with the original design specifications of the levee. 3.If the developer does not repair the levee, the City of Seward will repair the levee and pursue reimbursement of the repair costs from the developer. 4.Require private property owners of non-navigable streams, as riparian owners, to remove stream bed loading as legally required. 5.Do not enter into a subdivision agreement for the Forest Acres Afognak Addition until the City of Seward and/or the developer, in accordance with Seward City Code, establish a Base Flood Elevation (BFE); provisions in the subdivision agreement to minimize the likelihood of flood damage; and, revise the City Code to establish the long-term obligations of the City of Seward, developers and property owners for bed-load maintenance in new development areas that are prone to flooding. Direct the City Manager to develop a plan and budget for annual inspection and maintenance of the Japanese Creek Levee and bed-load removal in Japanese Creek that will provide a model for future flood plain management in the City of Seward.