Loading...
HomeMy WebLinkAboutRes2020-013 FAILED FAILED Sponsored by: Meszaros CITY OF SEWARD,ALASKA RESOLUTION 2020-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING SEWARD AIRPORT ALTERNATIVE 2.2 AND NOTIFYING THE STATE OF ALASKA DEPARTMENT OF TRANSPORTATION (ADOT) AND THE FEDERAL AVIATION ADMINISTRATION (FAA) TO MOVE AHEAD WITH CONSTRUCTION WHEREAS, the State of Alaska Department of Transportation (ADOT) owns and operates the Seward Airport located in Seward, Alaska; and WHEREAS, various flooding events and human intervention to manage events in the Resurrection River have caused the river to change course over time, and the river is now directed towards the existing long runway and has undermined it, causing the runway to be inoperable at its full capacity; and WHEREAS, ADOT and FAA have been in the process of addressing this issue through a large-scale project and have completed the Environmental Assessment (EA) and determined to move forward with Project Alternative 2.2; and WHEREAS, one of the ADOT's primary responsibilities is the stewardship of transportation infrastructure for the citizens and State of Alaska. As such, their intention is to move forward with the Seward Airport Improvement project using FAA funding to shift, raise, reconstruct, and extend the crosswind runway from its current 2,289 foot long configuration to a 3,300 foot long runway that would meet the needs of existing aircraft operations and also allow fixed wing medivac operations to serve the community. In addition, the state will remove the 4,249 foot long runway; however, they will leave the structural section and armor rock in place in an effort to mitigate future flood damage to the improved airport features and adjacent property owners. Moving ahead with this project allows for an ultimate runway extension to 4,000 feet at some point in the future, if alternate funding becomes available or when aircraft operations justify the use of FAA funds; and WHEREAS, over the past several months, ADOT has worked with the FAA in evaluating public comments and testimony regarding the project, some of which clearly express a desire to reconstruct the main runway at its existing length and location. Unfortunately, the existing aircraft operations do not meet FAA criteria that would allow ADOT to reconstruct the main runway, and numerous issues exist with impacts to the environmental. Thus, improving the main runway as requested is not possible with FAA funds given federal funding constraints; and WHEREAS,the existing main runway at the Seward Airport has degraded over time due to re-occurring flood events and has been subject to weight restrictions for many years now. The crosswind runway is not long enough to accommodate fixed wing medivac operations when the CITY OF SEWARD,ALASKA RESOLUTION 2020-013 main runway is closed due to flooding, leaving the community with limited medivac options (helicopter). ADOT has a responsibility to provide a facility that is resilient to future flood events and is able to accommodate existing aircraft operations; and WHEREAS, the FAA, based upon the EA results and FAA policy, states Project Alternative 2.2 is the alternative that has the least environmental impact. Project Alternative 1.1 issues which did not exist for Project Alternative 2.2 were: it does not have optimal wind coverage; Project Alternative 1.1 has more obstructions, land acquisition requirements, and environmental concerns; it needs resolution for current river flooding concerns in addition to reconstructing and raising the airport several feet above flood plain; and, the requirement for an Environmental Impact Statement (EIS) which entails more detailed environmental analysis than the completed EA; and WHEREAS, ADOT and FAA have completed the Environmental Assessment (EA) and determined to move forward with Project Alternative 2.2 which ADOT PF and FAA intend to sign the Finding of No Significant Impact (FONSI) the first week of February which completes the National Environmental Policy Act (NEPA) process for this federally-funded project; and WHEREAS, Project Alternative 2.2 is in the current year funding program (which expires in October, 2020) and it is undetermined that another funding opportunity will be available if the project is delayed; and WHEREAS, Project Alternative 2.2 does not require any funding from the City of Seward; and WHEREAS, ADOT is requesting a response from the City of Seward acknowledging that the proposed Project Alternative 2.2, while it is not supported by all members of the community, provides critical improvements necessary to meet the aviation needs of Seward. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Seward City Council has weighed the existing challenges and costs and recognizes that Project Alternative 2.2 will bring the Seward Airport up to Federal Aviation Administration (FAA) codes and regulations, and enhance the State's airport above and beyond the current condition. Section 2. The Seward City Council hereby supports Project Alternative 2.2, and requests the Alaska Department of Transportation (ADOT) and the FAA complete Project Alternative 2.2 as currently funded and approved by ADOT and FAA. Section 3. This resolution shall take effect immediately upon adoption. CITY OF SEWARD,ALASKA RESOLUTION 2020-013 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 10"' day of February, 2020. THE CITY OF SEWARD,ALASKA FAILED Christy Terry, Mayor AYES: None NOES: Butts, Baclaan, Crites, McClure, Osenga, Terry ABSENT: Seese ABSTAIN: None ATTEST: FAILED Brenda J. Ballou, MMC City Clerk (City Seal) Agenda Statement Meeting Date: February 10, 2020 To: City Council From: City Manager, Scott W. Meszaros Agenda Item: City Direction regarding the DOT &PF Seward Airport Project BACKGROUND &JUSTIFICATION: The State of Alaska Department of Transportation (DOT) owns and operates the Seward Airport located in Seward, Alaska. Through various flooding events and human intervention to manage flooding in the Resurrection River, the river has changed course and is now redirected towards the existing long runway at the Seward Airport. Due to this redirection, the long runway has been undermined and has caused the runway to be inoperable at its full capacity. The Alaska DOT and FAA have been in the process of addressing this issue through a large- scale project and have completed the Environmental Assessment (EA) and determined the course of action they wish to pursue is to move forward with Project Alternative number 2.2 The proposed Resolution following this Statement Paper, as well as the e-mail from John R. Binder 111, Deputy Commissioner Alaska Department of Transportation, details the information provided on the condition and process surrounding the EA and related approval issues. INTENT: It is the intent of Administration to have Council provide direction on the Airport. The proposed options are to either endorse the currently funded and approved alternative 2.2, or to provide direction to the City Clerk to immediately conduct an election to determine if the community is willing or wanting to finance the additional airport extension project. If both of these options are not desirable, then to provide direction regarding ballot language appropriate for the Clerk to conduct an election of the people on the matter. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan: 2.2.9 Public Safety 2.2.11 Economic Base 1. 2.2.12 Transportation Facilities X 2.2.12.5 Air Traffic 3.1 Economic Development 3.4 Transportation Strategic Plan: Page 3 Economic Base Page 4 Transportation Facilities 2. X Page 5 Attract new industry Page 11 Plan and prepare for natural disasters Page 16 Improve State Airport 33 3. Other (list): X FISCAL NOTE: Accepting the currently funded, planned 2.2 Runway Project, the City of Seward has no financial contribution or requirement in the project. Should the City determine that the voters should determine a question regarding the proposed 3300 foot runway being inadequate, or unacceptable, and that a 4000 foot runway should be constructed, prior estimates from 2015 put the additional 700 feet of runway at $8.1M plus the Maintenance and Operational expenses of said extension in perpetuity which would be required by Alaska DOT. Administration in consideration of the financial impacts of this addition to the proposed 2.2 project, and the documented issues outlined in the EA, recommends that the course of action be to accept Alternative 2.2 to allow the process to proceed and capture currently allocated project funding (approximately $23M). Should the Council determine that neither of the suggested options are acceptable, the Financial Impact and timing (as a full EIS may be warranted), as well as legal issues regarding ownership of the State Property, are far beyond the scope and resources to provide a fiscal note estimate and would require additional research simply to provide such a cost estimate. Additionally, the Deputy Commissioner, John R. Binder III, A.A.E has included a draft sample of a runway extension agreement commonly utilized by DOT for the Council to see what such an agreement may look like. Approved by Finance Department: ATTORNEY REVIEW: Yes X No RECOMMENDATION: Council approve Resolution 2020-013, authorizing the Mayor to sign a support letter for the DOT/FAA funded Seward Airport Project Alternative 2.2 and forward with this Resolution; (or) Council approve Resolution 2020-014, authorizing the City Clerk to initiate a Special Election to be conducted as reasonably quickly as possible with ballot language crafted to determine whether or not the City of Seward voters desire to approve funding and related long term expenses to support the additional Airport extension length to 4000 fee. (or) Some other ballot question as put forth by Council TBD relating to ownership and/or airport issues. 34 Scott Meszaros From: Binder,John R (DOT) <john.binder@alaska.gov> Sent: Monday, February 03, 2020 5:51 PM To: Scott Meszaros Cc: Junge,Wolfgang E (DOT); Bowland, Luke S (DOT) Subject: Seward Runway Rehap/Reconstruct Attachments: DRAFT MOA Runway Ext Example.doc Externaa Eta<ii.This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Meszaros, One of the Department of Transportation and Public Facilities (DOT&PF) primary responsibilities is the stewardship of transportation infrastructure for the citizens of the State of Alaska.As such, our intention is to move forward with the Seward Airport Improvement project using FAA funding to shift, raise, reconstruct, and extend the crosswind runway from its current 2,289 foot long configuration to a 3,300 foot long runway that would meet the needs of existing aircraft operations and also allow fixed wing medivac operations to serve the community. In addition, DOT&PF will close the 4,249 foot long runway by removing the existing pavement and lighting. However we will leave the structural section and armor rock in place in an effort to mitigate future flood damage to the improved airport features and adjacent property owners. Moving forward with this project allows for an ultimate runway extension to 4,000 feet at some point in the future, if alternate funding becomes available or when aircraft operations justify the use of FAA funds. Over the past few months we have worked with the FAA in evaluating public comments and testimony received to date regarding the project, some of which clearly express a desire to reconstruct the main runway at its existing length. Unfortunately, existing and projected aircraft operations do not justify FAA funding to construct either runway to the length of the existing main runway. Environmental impacts associated with reconstruction of the main runway exceed environmental impacts associated with improvements to the crosswind runway. Evaluation of alternatives and associated environmental impacts is a constraint of federal funding. Additionally,the crosswind runway has superior wind coverage compared to the main runway. Finally,the crosswind runway has increased separation from the Resurrection River and has a more favorable alignment relative to future flood impacts. Thus, improving the main runway as requested is not possible with FAA funds given 1)the federal funding constraints, 2) it would result in lower wind coverage, and 3) it would be less resilience to future flooding. The existing main runway at the Seward Airport has degraded over time due to re-occurring flood events and has been subject to weight restrictions for many years now. The crosswind runway is not long enough to accommodate fixed wing medivac operations when the main runway is closed due to flooding, leaving the community with limited medivac options(helicopter). DOT&PF has a responsibility to provide a facility that is resilient to future flood events and is able to accommodate existing aircraft operations. We are aware that a committee has been formed and DOT&PF is willing to work with the members involved to coordinate future improvements at the Seward Airport. DOT&PF has worked with local entities at other airports to construct improvements using alternate funding. A draft agreement is included as an attachment to this letter which could be used as a starting point if the City of Seward would like to pursue a runway extension using alternate funding. Please note that the draft agreement is not a template or a standard agreement, only an example which would require coordination between the parties involved to finalize. We would be happy to start these discussions if the City of Seward is interested. 35 1 DOT&PF understands that FAA intends to sign the FONSI the first week of February which completes the NEPA process for this federally funded project. DOT&PF plans to continue working towards advertising the project in order to take advantage of the summer 2021 construction season. DOT&PF acknowledges that the proposed project, while it is not supported by all members of the community, provides critical improvements necessary to meet the aviation needs of Seward. Sincerely, John John R. Binder lll, A.A.E. Deputy Commissioner 907-269-0730 Alaska Department of Transportation & Public Facilities Keep Alaska Moving through Service and Infrastructure Spam Phish/Fraud Not spam Forget previous vote 36 2 Scott Meszaros From: Holly Wells <hwells@BHB.com> Sent: Tuesday, February 04, 2020 8:59 AM To: Scott Meszaros Cc: Christy Terry; Brenda Ballou; Peggy Crowe Subject: Question Regarding Potential Injunction Against the Department of Transportation Regarding the Seward Airport External Email:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. After reviewing Department of Transportation Alternative Option 2.2 for the Seward Airport,the process followed by DOT in selecting this option,and relevant laws regarding DOT`s management and ownership of the Seward Airport and preliminary injunctions in general, I cannot find a viable basis for enjoining DOT from exercising its management and ownership rights on the Seward Airport property. In short,the City does not have an ownership or leasehold interest in the property and DOT has complied with the notice provisions regarding the airport improvements. That said, DOT has authority to enter into memoranda of agreements, leases,and other contractual arrangements with municipalities for up to 55 years for the management and operation of all or portions of airport properly. (See AS 2.15.090(A)) Consequently,the City may want to contact DOT and discuss creative options in which the City would take a more direct interest in the airport in exchange for more control over the mitigation and construction efforts regarding runway design. This may require the City to secure funding for or manage, maintain,and/or operate airport property or infrastructure. Please let me know if the City would like me to reach out to DOT and explore the City`s options. Thank you, Holly Wells Birch Horton Blttner&Cherot 510 L.St.,Suite 700 Anchorage,AK 99501 907-276-1550 Holly C.Wells Birch Horton Bittner&Cherot 510 L Street,Suite 700 ( Anchorage AK 99501 Tel 907.263.7247 I Main 907.276.1550 <mailto:>hwells@bhb.com<mailto:hwells@bhb.com> ( www.birchhorton.com<http://www.birchhorton.com> Bio<https://www.birchhorton.com/our-team/attorneys/holly-c-wells/> I vCard<https://www.birchhorton.com/our- team/attorneys/holly-c-wel I s/> 37 1 MEMORANDUM OF AGREEMENT Between STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES And the [Private/Local Entity] Regarding the [XXX Airport] Runway Extension Project The Parties to this Agreement are the State of Alaska acting through its Department of Transportation and Public Facilities (hereinafter DOT&PF) and the [Private/Local Entity] (hereinafter collectively referred to as [PIL E]). WHEREAS, DOT&PF has the authority, to plan, design, and construct airport improvements in the area, identified as Project Number [XXX], located within the boundaries of the [XXX] Airport, including but not limited to construction and maintenance of an airport and related improvements, specifically detailed in Attachment "A" hereto, (hereinafter the Improvements) and by reference made part of this agreement, (all hereinafter referred to as the Project); and WHEREAS, the [PfL E] desires that DOT&PF plan, design, and construct the Improvements; and WHEREAS, the [PIL E] has reviewed and concurs in the location and design of the Improvements; and WHEREAS, [PIL E] funds will be used in the design and construction of the Improvements; and WHEREAS, the Federal Aviation Administration (FAA) holds DOT&PF responsible to maintain, or cause to be maintained, any airport constructed with Federal aid transportation funding; and WHEREAS, the [XXX] Airport is federally obligated and is subject to FAA grant assurances, including the requirement to meet FAA design criteria in applicable FAA Advisory Circulars IT IS THEREFORE AGREED by the parties, in consideration of the mutual promises contained in this Agreement, as set forth below, regarding the design, construction, maintenance, and operation of the Improvements. MEMORANDUM OF AGREEMENT [XXX]Airport Improvements Project Page I of 6 Pages 38 1. PROJECT FUNDING [PIL E] will provide all funding for the planning, design, and construction stages of the Project, and for maintenance of the Improvements after construction. [PIL E] acknowledges and agrees that DOT&PF has no alternative funding available, and cannot perform any work on the Project unless paid for by [PIL E]. Funding for all stages of the Project must be paid in advance of any work to be completed by DOT&PF. 2. DOT&PF COSTS Services provided by DOT&PF shall be charged against the funding provided by [P/L E] in the same manner and at the same rates as a federally funded DOT&PF airport project, including an overhead expense charge under the indirect cost allocation plan (ICAP), and any equipment costs as required. Construction shall be performed by a contractor selected by DOT&PF under the Alaska Procurement Code, with DOT&PF providing oversight. Services performed by consultants or construction contractors shall be charged at the actual cost to DOT&PF plus ICAP. ICAP is calculated as a percentage of overall project costs, including amounts paid to consultants and contractors. The ICAP rate shall be the federally approved percentage rate for the time period in which the services are provided or costs incurred. 3. PLANNING AND DESIGN STAGE Within 30 days of the execution of this MOA, [PIL E] shall pay to DOT&PF $X, to be applied to planning and design costs. The parties estimate that this amount shall be sufficient to cover all planning and design expenses, but [PIL E] acknowledges and agrees this is an estimate and actual costs could be higher. DOT&PF shall notify [PIL E] immediately if it determines that funding is inadequate to complete the planning and design stage, and the parties discuss how best to proceed in light of the shortfall. 4. CONSTRUCTION STAGE Upon completion of the project design, DOT&PF will provide [PIL E] with an updated estimate of construction costs, to include DOT&PF construction administration costs and ICAP. If [PIL E] elects to proceed with the Project, [PIL E] will pay to DOT&PF the amount of the estimate. DOT&PF will then select a contractor to construct the Project under the procedures required by the Alaska Procurement Code. DOT&PF shall notify [PIL E] immediately if it determines that funding is inadequate to complete the construction stage based on the contractor low bid, and the parties discuss how best to proceed in light of the shortfall. MEMORANDUM OF AGREEMENT [XXX]Airport Improvements Project Page 2 of B Pages 39 5. MAINTENANCE AND OPERATIONS After completion of construction, [PIL E] agrees to pay all costs to maintain the Improvements. Maintenance costs include, but are not limited to: snow and ice control; to include all plowing, snow hauling, winging, opening of shoulders, ice scraping, snow drift control, maintaining signs, minor equipment maintenance, general grading, removal of debris and rubbish, vegetation control, and associated tasks as may be required for the safe and timely passage of the public. [PIL E]'s share of these expenses shall be XX% of the total annual airport maintenance costs. Over time maintenance costs will increase because of inflation, labor and equipment cost increases, changes in FAA requirements, and other factors outside the control of DOT&PF. [P/L E]'s share of maintenance costs will be calculated in the same manner as provided in paragraph 2 of this Agreement. The maintenance costs under this paragraph were calculated as a ratio of the anticipated area of the Improvements to the total area of the existing runway, taxiway, apron, and access road maintained by DOT&PF (collectively the Existing Facilities) plus the Improvements as follows: Improvements (XXX sq. ft.) _ = XX% Existing Facilities (XXX sq. ft.) + Improvements (XXX) Any future change to the area of either the Existing Facilities or the Improvements will result in recalculation of [PIL E]'s share of maintenance costs. 6. PAYMENT OF MAINTENANCE COSTS DOT&PF will bill [PIL E] for its share of all maintenance costs at XXX intervals. All invoices to [PIL E] shall be payable in 30 days. 7. FUTURE RESURFACING, REHABILITATION, AND RECONSTRUCTION Airport surface conditions will deteriorate over time. DOT&PF will be required to resurface, rehabilitate, or reconstruct the runway at a point in the future when airport surface conditions have deteriorated, and the Improvements are not anticipated to be eligible for federal-aid funding. [PIL E] agrees to provide funding to DOT&PF for the planning, design, and construction of all projects to resurface, rehabilitate, or reconstruct the Improvements. If the work is done at the same time as similar work on the remainder of the runway, [PIL E]'s share of the costs shall be determined based on the Contractor low bid for the quantities and items applicable to the Improvements area. If the work is required only for the Improvements, costs shall be determined in the same manner as the costs for the original construction of the Improvements. 8. FAILURE TO MAKE PAYMENTS MEMORANDUM OF AGREEMENT P=J Airport Improvements Project Page 3 of 6 Pages 40 Because DOT&PF has no funding available for the planning, design, or construction stages of the project, [P/L E]'s failure to prepay these cost as required by this Agreement will result in immediate cessation of all work on the Improvements until funding is provided. [P/L E] failure to provide funding for maintenance costs or future resurfacing, rehabilitation, or reconstruction projects as required by this Agreement shall result in immediate closure of the Improvements. 9. ASSIGNMENTS The [P/L E] shall not transfer or assign any of the jPIL E]'s rights or responsibilities under this Agreement without the prior written consent of DOT&PF. 10. DISCRIMINATION The [P/L E] agrees that discrimination on the grounds of race, color, religion, national origin, ancestry, age, marital status, or sex will not be permitted against any patron, employee, applicant for employment, or other person in any manner prohibited by federal or State law. The [P/L E] recognizes the right of the DOT&PF to take any action necessary to enforce this covenant, including any action required pursuant to any tribal, federal or State law 11. NOTICE Any notice required by this agreement must be hand delivered or sent by certified mail to the appropriate party at the address on page one of this agreement or to any other address that the party subsequently designates in writing. 12. GOVERNING LAW The laws of the State of Alaska will govern in any dispute between the DOT&PF and [P/L E]. Any lawsuit must be brought in the courts of the State of Alaska, in Anchorage within the Third Judicial District. 13. WAIVERS The failure of the DOT&PF to insist in any instance upon the strict performance by the [P/L E] of any part of this agreement may not be considered as a waiver or relinquishment for the future. The waiver by the DOT&PF of any part of this agreement may not be enforced unless the waiver is in writing and signed on behalf of the DOT&PF. 14. STATE PROCUREMENTS MEMORANDUM OF AGREEMENT P=]Airport Improvements Project Page 4 of 6 Pages 41 [PIL E] acknowledges that DOT&PF will follow the Alaska Procurement Code for consultant and contractor selection which prohibits sole sourcing design or construction activities to [PIL E] or entitiestco rpo rations recommended by [PIL E]. 15. LOCAL MATERIALS [PIL E] acknowledges that while local material sources exist, quantity and quality may not be adequate for construction. DOT&PF is not obligated to use local material sources to construct the planned Improvements. 16. [PIL E] APPROVAL By Resolution Number , the [PIL E] has reviewed and approved this memorandum of agreement, agreed to be bound by its terms and conditions, and has authorized to sign on its behalf. 17. FUTURE FEDERAL AID The Improvements constructed under this Agreement are not anticipated to be eligible for participation under any Federal Aviation Administration (FAA) Airport Improvement Project. [PIL E] agrees to provide funding to DOT&PF for the planning, design, and construction of all future projects to resurface, rehabilitate, or reconstruct the Improvements in accordance with paragraph 7 of this Agreement. 18, THE WHOLE AGREEMENT This Agreement constitutes the entire agreement between the parties. There are no other understandings or agreements between the parties, either oral or memorialized in writing regarding the matters addressed in this Agreement. The parties may not amend this Agreement unless agreed to in writing with both parties signing through their authorized representatives. MEMORANDUM OF AGREEMENT P=J Airport Improvements Project Page 5 of 6 Pages 42 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year stated in the acknowledgments below. [P/L E]: BY: (Signature) (Typed/Printed Name &Title of Signer) STATE OF ALASKA } THIRD JUDICIAL DISTRICT } ss. THIS IS TO CERTIFY that on this day of , 20XX, before me, the undersigned Notary Public, duly commissioned and sworn as such, personally appeared , known to me, and tome known, to be the [P/L E] and s/he acknowledged to me that s/he executed the foregoing instrument freely and voluntarily on behalf of the [PIL E], for the uses and purposes therein set forth and that slhe is authorized by said [PIL E] so to do. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year above written. (Typed name and signature) My Commission Expires: STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES BY: STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) ss. THIS IS TO CERTIFY that on this day of , 20XX, before me, the undersigned Notary Public, duly commissioned and swom as such, personally appeared , known to me and to me known to be the Department of Transportation and Public Facilities, and s/he acknowledged to me that s/he executed the foregoing instrument freely and voluntarily on behalf of the State of Alaska, Department of Transportation and Public Facilities, for the uses and purposes therein set forth and that s/he is authorized by said State of Alaska so to do. IN WITNESS WHEREOF, i have hereunto set my hand and affixed my official seal, the day and year first written above. (Typed name and signature) My Commission Expires: MEMORANDUM OF AGREEMENT P=]Airport Improvements Project Page 6 of 6 Pages 43