City of Homer

Planning & Zoning           Telephone        (907) 235-8121

491 East Pioneer Avenue                      Fax                  (907) 235-3118

Homer, Alaska 99603-7645                 E-mail             Planning@ci.homer.ak.us

                                                                                                Web Site          www.ci.homer.ak.us

M E M O R A N D U M 07-30

 

TO:                  WALT WREDE, CITY MANAGER

 

THRU:             BETH MCKIBBEN, CITY PLANNER

 

FROM:            JULIE ENGEBRETSEN, PLANNING TECHINICIAN

 

DATE:             FEBRUARY 20, 2007

 

SUBJ:              EMERALD PARK AND RESOLUTION 2007-03

 

At the Meeting of Whole on January 8th, 2007, the Council discussed Resolution 2007-03, Master Plan for Emerald Park. Several issues were raised; clarification is needed on a few points.

 

  1. City owns the land. There is no legal reason we can not remove dead trees. However, the use of property due to a plat note states that it is restricted to people within subdivision. So in effect the city would be maintaining a park for the private neighborhood. Prior administrations felt if public tax money is being spent, it should be on improvements usable by the general public.
  2. This lot was created as a subdivision park, and was deeded to the City by the original subdivider for a park. There are other private subdivision parks, owned by private homeowners associations in the West Hill area. They have the right to use their private parks; the general public does not.  However they have homeowners associations to hold the title, and deal with any taxes. Other parks in the city have been given to the city because the homeowners association either never formed, or they gifted the land to the city. Bayview Park at the top of Main Street is such a park. For Emerald Park there is no subdivision homeowners association, and it is unclear if there ever was. In essence, there is not an entity to give the property back to.
  3. Some property owners want assurance about the future development of the park before they would be willing to sign over their interest. The ways the city can provide some certainty:
    1.  Designating the land as a park in the land allocation plan. This is already done.
    2.  Adopt a park master plan via resolution. The Parks and Recreation Advisory  Commission worked with the land owners on what they would like to see in their neighborhood, and the resolution was the result. This resolution is before you.

 

The question was raised at the last work session: why pass a ‘do nothing resolution.’ 

In the long term, it is in the City’s interest to work toward a clear title on all city owned lands. For this park, it will take time for all property owners to sign, probably several years. Future property owners will likely have the same questions and concerns. The resolution, if adopted, will provide an overall policy for this particular parcel.

It is up to the City at this point to take the next step in working with property owners: if property owners are going to sign over their interest, they want some assurance about the future of the land, and a resolution is one of the few avenues available to the City to do so. The resolution also states that the city will not do any improvement until this issue is resolved: if future land owners or citizens wish to see improvements, it will be clear that all land owners must sign over their interest and the City must have clear title before any work is accomplished.

 

 

Recommendation: Adopt Resolution 2007-03