CITY OF HOMER
HOMER, ALASKA
McLay
RESOLUTION 06-102(A)
[A RESOLUTION OF THE CITY COUNCIL FINDING THE NEED TO CREATE THE BAYVIEW GARDENS SEWER
IMPROVEMENT DISTRICT/ASSESSMENT DISTRICT AND SETTING A PUBLIC HEARING FOR MONDAY,
SEPTEMBER 25, 2006.] A RESOLUTION OF THE CITY COUNCIL QUESTIONING THE NEED TO CREATE
THE BAYVIEW GARDENS SEWER IMPROVEMENT DISTRICT/ASSESSMENT DISTRICT AND SETTING A
PUBLIC HEARING TO EVALUATE THE NEED AND SUPPORT FOR A SEWER IMPROVEMENT LID.
WHEREAS, The Rosebud Court Sewer Improvement/Assessment District was initiated in 2002 by Public Works at the
request of some property owners in that area; and
WHEREAS, The Rosebud Court Sewer Improvement/Assessment District had insufficient signatures on the petition, 40.10%
and failure thereof was noted via Resolution 03-53; and
WHEREAS, One of the property owners reinitiated the Rosebud Court Sewer Improvement/Assessment District with some
boundary changes and that district failed during the objection period there being 63.64% objections; and
WHEREAS, One of the property owners in 2005 initiated another district including many of the same parcels with a larger
boundary and included road improvements, the district name being Bayview Gardens Sewer and Road Reconstruction and
Paving Improvement/Assessment District; and
WHEREAS, The Property owner paid the $100.00 LID Application fee as was instituted by Council December 2003; and
WHEREAS, Pursuant to Council's amendments to the LID process the first phase is based on the number of property owners
and required that at least 50% of the property owners had to sign the form before progressing to the next phase; and
WHEREAS, In the Bayview Gardens Sewer and Road Reconstruction and Paving Improvement/Assessment District phase I
there were 35 property owners requiring 18 signatures and 11 property owners signed; and
WHEREAS, One of the property owners requested that there be a recalculation which was done with a possible 12 signatures
in that one of the property owners is listed a couple of different ways and there appeared to be a couple of property purchases
changing the total property owners to 33 requiring 17 signatures; and
WHEREAS, The same property owner requested, just for argument sake, that the calculations be based on total parcels; and
WHEREAS, Total parcels 65 if the 50% rule were used that would require the signature of property owners representing 38
parcels; and
WHEREAS, The signatures represented 27 parcels; and
WHEREAS, The same property owner requested November 2005, just for argument sake, that the tally be done as if this
were a petition, in other words, by property value; and
WHEREAS, The total property value equaled $7,819,000.00, 50% equals $3,909,000.00 and the signatures received equaled
$3,296,700.00; and
WHEREAS, Public Works has expressed concerns with the area regarding the health, safety and welfare of the residents due
to poor soils, migration of the sewage, steep slope stability and etcetera; and
WHEREAS, Resolution 06-46 was presented to the Council on April 24, 2006 to initiate this district to address the health,
safety and welfare issues (see previous whereas clause) and failed; and
WHEREAS, Pursuant to Homer City Code 17.04.030(d), The City Council may determine that an improvement is needed,
and initiate by passing a resolution by approval of not fewer than three-fourths vote of the Council so declaring and shall
proceed as provided in Sections 17.04.040 through 17.04.060 of this chapter.
NOW, THEREFORE, BE IT RESOLVED [that the City Council hereby determines that an improvement is needed, and
hereby initiates the Bayview Gardens Sewer Improvement/Assessment District and sets the date for public hearing as Monday,
September 25, 2006 during the Regular City Council meeting that begins at 7:00 p.m. for the purpose of hearing protests
against the formation of said improvement district; and ] that the City Council questions the need to create the Bayview
Gardens Sewer Improvement District/Assessment District and sets a public hearing to evaluate the need and support
for a Sewer Improvement LID.
BE IT FURTHER RESOLVED, that the City Council hereby states that the program share, 25% of the total project cost,
shall be deemed as in non objection to this project.
PASSED AND ADOPTED by the HOMER CITY COUNCIL this 14th day of August, 2006.
CITY OF HOMER
_____________________________
JAMES C. HORNADAY, MAYOR
ATTEST:
_____________________________
MARY L. CALHOUN, CMC, CITY CLERK
Fiscal Note: To be funded 25% from the Homer Accelerated Water and Sewer Program and 75% from Property Owner Assessments: Total estimated project cost as of April 2005 is $1,246,551.00. 65 parcels at the equal share per parcel methodology and 75% of the project is estimated at 934,913.25 or $14,383.28 per parcel. Program share is $311,637.75. Objections must be less than 50% for the district to proceed. 50% equals $623,275.50.