CITY OF
HOMER,
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
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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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
Section 1. The City of
Section 2. The City of
Section 3. The City of
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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CITY OF
__________________________________
JAMES C. HORNADAY, MAYOR
ATTEST:
____________________________________
MARY
L. CALHOUN, CMC, CITY CLERK
First
Public
Hearing:
Second
Effective
Date:
Ayes:
Noes:
Abstain:
Absent:
Date: Date:
Fiscal
note: N/A