Resolution 16-040 Approving a Memorandum of Agreement with HEA for Waddell Way Environmental Contamination

CITY OF HOMER
HOMER, ALASKA

City Manager

RESOLUTION 16-040

A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA, APPROVING A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF HOMER AND HOMER ELECTRIC ASSOCIATION REGARDING THE DEDICATION OF A RIGHT OF WAY BY HOMER ELECTRIC ASSOCIATION TO THE CITY OF HOMER SO LONG AS THE CITY TAKES RESPONSIBILITY FOR ANY ENVIRONMENTAL CONTAMINATION RESULTING FROM THE CITY’S EXCAVATION ON THAT RIGHT OF WAY. 

WHEREAS, The City Council accepted and appropriated a Legislative Grant (Ordinance 14-42(S)) in the amount of $1,430,000 for the Waddell Road Improvements; and

WHEREAS, The project requires the acquisition of a right of way from Homer Electric Association (“HEA”) comprised of Lot E, Heath Street Replat, T6S, R13W, Sec 20 [3833 Lake Street] and Lot 2, Waddell Park 2000, T6S, R13W, Sec. 20 [3768 Waddell Way] (“hereafter collectively referred to as the “Property”); and

WHEREAS, The Property is part of a pending re-plat that dedicates the right-of way to the City for the construction of a road and water line; and

WHEREAS, There are contaminated soils and water on portions of the Property that HEA continues to monitor and submit regular status reports to the Alaska Department of Environmental Conservation (“ADEC”) regarding the contamination; and

WHEREAS, ADEC requires approval prior to any disposal or movement of residual soil or groundwater contamination and HEA seeks assurance from the City that it will obtain such ADEC approval prior to moving or disposing of any of the contaminated soil; and

WHEREAS, The City received a cost estimate from Cook Inlet Environmental, Inc. for (1) the creation of a work plan meeting ADEC requirements and (2) on-site monitoring of the implementation of that work plan, and the estimated cost is within the Project budget; and

WHEREAS, The creation of and compliance with the work plan and the recommended on-site monitoring greatly reduces the risk of contamination caused by the City’s excavation efforts.

NOW, THEREFORE, BE IT RESOLVED that the Homer City Council hereby approves the Memorandum of Agreement between the City of Homer and HEA regarding the Property, a copy of which is attached and incorporated herein.

PASSED AND ADOPTED by the Homer City Council this 11th day of April, 2016.

CITY OF HOMER

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DAVID G. LEWIS, MAYOR PRO TEMPORE

ATTEST:

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JO JOHNSON, MMC, CITY CLERK

Fiscal Note: