CITY OF HOMER

HOMER, ALASKA

City Manager

ORDINANCE 07-03

 

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, acceptING ownership of property conveyed by the UNIVERSITY OF ALASKA, consisting of two parcels identified by Kenai Peninsula Borough parcel numbers 173-022-01 and 173-032-29, and the designating  The use AS PUBLIC PURPOSE FOR PARK LAND.

 

WHEREAS, The Baycrest Ski Trail System in the Diamond Creek watershed is valuable both to the local quality of life and to Homer’s winter economy, providing unparalleled recreational opportunities for thousands of residents and visitors; and

 

WHEREAS, For over 60 years the Baycrest Ski Trail System has been one of Homer’s favorite winter recreational areas; and

 

WHEREAS, The Kachemak Nordic Ski Club maintains more than 30 kilometers of groomed ski trails within the Diamond Creek watershed, which is the largest non-motorized area maintained for cross-country skiers locally; and

 

WHEREAS, Many special events sponsored by the Kachemak Nordic Ski Club are held on these trails, such as the annual the Sea-to-Ski Triathlon, and each of these activities brings winter revenue to Homer; and

 

WHEREAS, Homer area schools often log over 2,500 user days per year on these trails, including practice, competition, and outdoor education classes; and

 

WHEREAS, The Homer Chamber of Commerce promotes the trails in its visitor’s guide (distributed to over 110,000 people) and estimates that Chamber of Commerce personnel direct 6,000 to 8,000 visitors annually to the summer hiking trails in the area; and

 

WHEREAS, Kachemak Heritage Land Trust’s Diamond Creek Project, initiated in 2002, was meant to purchase land and protect key historic ski trails in the Baycrest trail system and was approved for federal Forest Legacy Program funding to cover up to 75% of the total project cost; and

 

WHEREAS, The Homer City Council unanimously approved Resolution 03-58 urging approval of receipt authority by the State of Alaska for Forest Legacy Program funds for this project on April 14, 2003; and

 

WHEREAS, The Homer Chamber of Commerce, Homer Community Schools, Kachemak Nordic Ski Club, Homer Soil and Water Conservation District, Homer High School, Representative Paul Seaton, and Senator Gary Davis all wrote letters of support for Kachemak Heritage Land Trust’s efforts to protect land in the Diamond Creek watershed; and

 

WHEREAS, Kachemak Heritage Land Trust has completed its due diligence for this purchase, obtaining a Phase 1 Environmental Assessment and an appraisal and federal review appraisal to meet Yellow Book Standards and federal guidelines as required by the Forest Legacy grant; and

 

 

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Ordinance 07-03

City of Homer

 

WHEREAS, The Kachemak Nordic Ski Club is willing to negotiate a renewable agreement to continue ski trail grooming and maintenance; and

 

WHEREAS, The federal Forest Legacy grant requires that the property be owned by a municipality or other governmental entity; and

 

WHEREAS, The Kenai Peninsula Borough does not exercise recreational powers and therefore is not an appropriate steward for the property; and

 

WHEREAS, The Alaska Department of Natural Resources has stated that it does not wish to hold title to the property and has recommended that the City of Homer accept it; and

 

WHEREAS, Homer City Code section 18.06 permits the City of Homer to accept ownership of the property even though it is not within City limits; and

 

WHEREAS, Pursuant to Homer City Code Section 18.06.010 Real property acquisitions, authority,  the City may acquire, own and hold real property within or outside the City boundaries by any lawful means or conveyance, and may exercise all rights and powers in the acquisition, ownership and holding of real property as if the City were a private person; and

 

WHEREAS, Acquisition of the property by the City of Homer is consistent with the Homer Comprehensive Plan (1999 Update), which states that the City will “strive to identify, acquire, dispose of, or exchange lands to satisfy public recreation needs,” “acquire land, plan and construct facilities,” and “identify, protect and preserve scenic and natural areas, such as greenbelts, for recreation enjoyment”.

 

NOW, THEREFORE, BE IT ORDAINED by the City of Homer:

 

Section 1. The City of Homer accepts ownership of property conveyed by the University of Alaska, consisting of two parcels identified by Kenai Peninsula Borough parcel numbers 173-022-01 and 173-032-29, with the legal descriptions of HM T06S R14W S09 SE1/4 EXCLUDING THE W1/2 SW1/4 SE1/4 SE1/4 and HM T06S R14W S10 SE1/4 & S1/2 SW1/4.

 

Section 2. The City of Homer hereby affirms the use designation for public purpose as park land in perpetuity.

 

Section 3. The City of Homer acknowledges that this property will be acquired with federal funds under the Forest Legacy Program. In the event that the City of Homer determines that it is no longer desirable to hold the property and the property is conveyed, exchanged or otherwise disposed of, after providing notice to the United States Forest Service, the City of Homer shall either reimburse the Forest Service for the fair market value of the property, or, with Forest Service approval, exchange the property for other Forest Legacy Program eligible lands of at least equal market value and of reasonable equivalent location with public purposes that equal or exceed those on the property.

 

Section 4. This Ordinance is a non-Code Ordinance and is of a permanent nature.

 

PASSED AND ENACTED by the Homer City Council this ­­­­_____ day of ___________, 2007.

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Ordinance 07-03

City of Homer

 

CITY OF HOMER

 

__________________________________

JAMES C. HORNADAY, MAYOR

 



ATTEST:

 

____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

 

First Reading:

Public Hearing:

Second Reading:

Effective Date:

 

 

 

Ayes:

Noes:

Abstain:

Absent:



 

                                                                                                                                   

Walt Wrede City Manager                                   Gordon J. Tans, City Attorney

 

Date:                                                                 Date:                                                    


Fiscal note: N/A