A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, AUTHORIZING THE FORMATION OF THE OCEAN DRIVE LOOP BLUFF EROSION CONTROL IMPROVEMENT/ASSESSMENT DISTRICT, RECOGNIZING THE NEED FOR IMMEDIATE ACTION, AUTHORIZING THE CITY MANAGER TO PROCEED WITH IDENTIFYING AND OBTAINING FUNDING AND/OR FUNDING ASSISTANCE AND TO PROCEED WITH THE PREPARATION AND CONSTRUCTION OF SAID DISTRICT AS EXPEDITIOUSLY AS POSSIBLE.

WHEREAS, Resolution 00-89(A) was adopted September 25, 2000 creating the Ocean Drive Loop Bluff Erosion Control Local Improvement District (LID) and a public hearing was scheduled and held November 27, 2000 to hear objections or protests to the formation of such assessment/improvement district after property owners of the district were duly notified by certified/return receipt mailing of such hearing and legal notice of hearing being advertised in a local weekly newspaper for four consecutive publications; and

WHEREAS, Resolution 01-05 was adopted on February 12, 2001 Noting the Failure of the Ocean Drive Loop Bluff Erosion Control Improvement/Assessment District and Requesting further Evaluation of the Erosion Control Situation on Ocean Drive Loop Bluff; and

WHEREAS, Resolution 01-05 reiterated, in summary fashion, written statements by the property owners through the objection/non objection process and the property owners and staff have attempted to address many of these issues; and

WHEREAS, Homer City Code Section 17.04.050 states that the owner of property to be assessed may file a written objection to the plan no later than sixty days after the public hearing. At the end of the sixty days, if the owners of property in the district who shall bear fifty-one percent or more of the total costs have not objected, the Council may pass a resolution approving the plan and proceeding with the improvement; if objections are made in writing during the period set forth for objections by owners of property who shall bear fifty percent or more of the total estimated cost of the improvement, the Council may not proceed with the improvement unless the plan is revised to meet the objections and the objections are reduced to less than fifty percent. The Council may then pass a resolution approving the revised plan, which shall now become an original plan, and proceed with the improvement; and if a change is made by Council in an improvement district boundary, such change shall be made promptly by the City Clerk after any amendment thereof has been passed. Property owner(s) affected by the change will be notified promptly by the City Clerk in writing; and

WHEREAS, a letter was sent to each affected property owner with the updated information regarding boundary changes and estimated assessment changes with an objection/non objection form; and

WHEREAS, Ocean Drive Loop neighborhood meetings, of the affected property owners, were held on March 5 and 19, 2001 at 5 p.m. in the Homer City Hall Council Chambers after being duly noticed in a paper of general circulation and notice to each affected property owner; and

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Resolution 01-22

City of Homer

WHEREAS, the deadline for the objections/non objections to the revised boundaries and estimated project costs was March 15, 2001 and there was one (1) written objection representing 1 lot and approximately 12.4%; nine (9) non objections representing 9 lots and approximately 52.5%; four (4) non responses representing 6 lots and approximately 35.1% were received by the City Clerk's Office; and

WHEREAS, over 51% of the property owners request the bluff erosion control project and are willing to assume 100% of their share of the assessments; and

WHEREAS, the written objection notes that the front footage on 179-230-36 is inaccurate and should be 125 feet rather than 249.92 feet and staff believes a survey is necessary to confirm this; and

WHEREAS, due to the storms of the past month the erosion has escalated to create a crisis situation needing to be addressed now; and

WHEREAS, the potential danger to life, and the damage to and loss of property are eminent; and

WHEREAS, a portion of Ocean Drive Loop and the southern portion of Lake Street, both are City permanently maintained roads and are endangered by the Ocean Drive Loop Bluff erosion and possible funds from the Homer Accelerated Roads Program may be able to be utilized for road protection; and

WHEREAS, the Division of Governmental Coordination, Army Corp of Engineers, Department of Natural Resources, Division of Soils and Water Conservation, and the Homer Soils and Conservation District have been contacted for assistance; and

WHEREAS, there are varying percentages of funding and/or loans that may be available from several agencies for specific aspects of this erosion control project and these funds need to be secured.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Homer, Alaska, that the formation of the Ocean Drive Loop Bluff Erosion Control Improvement/Assessment District is authorized, that the need for immediate action is recognized, that the City Manager is authorized to proceed with identifying and obtaining funding and/or funding assistance and to proceed with the preparation and construction of said project as expeditiously as possible.

PASSED AND ADOPTED by the City Council of Homer, Alaska this 27th day of March, 2001.

CITY OF HOMER

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ATTEST: JACK CUSHING, MAYOR

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MARY L. CALHOUN, CMC, CITY CLERK

Fiscal Note: Potential funding sources identified and HARP to protect the City roads.