CITY OF HOMER

HOMER, ALASKA

                                                                                                       City Manager/Public Works

RESOLUTION 09-18

A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA, EXPRESSING ITS SUPPORT FOR THE SWIFT CONSTRUCTION OF THE KACHEMAK DRIVE WATER AND SEWER IMPROVEMENTS (PHASE II) AND THE COMPLETION OF A DECISIONAL DOCUMENT SUPPORTING THE INITIATION OF THE EMINENT DOMAIN PROCESS IN SECURING THE NECCESSARY REQUIRED EASEMENTS.

WHEREAS, The Council has adopted Resolution 05-43 on April 11, 2005 which established the need for the Kachemak Drive Water and Sewer Project (Phase II); and

            WHEREAS, The Council has adopted Resolution 05-81(S) on July 25, 2005 which authorized the formation of the Kachemak Drive Water and Sewer Project (Phase II) LID assessment district after a majority of property owners within the LID boundaries supported the creation of an LID; and

            WHEREAS, The Council has adopted Ordinance 05-47 on October 10, 2005 authorizing the design and construction of the Kachemak Drive Water and Sewer Project (Phase II); and

WHEREAS, Public Works initiated design of the project in January 2007 with Council direction to evaluate whether the construction of the project would impact bluff erosion; and

            WHEREAS, A geotechnical report was completed by Duane Miller Associates LLC of Anchorage, Alaska, which included an evaluation of the potential impacts of construction on bluff erosion. The report found that “This project does not impose a surface or subsurface drainage regime change” and “This project is not expected to be a contributing factor for bluff erosion”; and

            WHEREAS, The geotechnical report states that “The sewer project will replace existing septic systems along the route. This will reduce the input of treated water into the groundwater regime by eliminating the drain fields. This may reduce the overall volume of water seepage at the bluff face which would help reduce erosion caused by the seepage”; and

            WHEREAS, The project has undergone a scoping review by local, state and federal regulatory and environmental permit agencies and no issues have been identified that would preclude the issuance of all required construction permits; and

WHEREAS, Public Works began working with property owners to acquire the necessary easements in November 2007, but has not been able to acquire 23 of the required 46 permanent easements; and

WHEREAS, The City Engineer believes that the only major hurtle standing in the way of starting construction this summer is the acquisition of the remaining required easements. Public Works expects to have construction bid documents ready and all necessary permits in hand by Spring 2009; and

WHEREAS, The City Engineer believes that based on the progress made over the last year of intense neighborhood meetings, one-on-one contacts with individual property owners, and the response of written correspondence; many of the required easements will not be acquired by the Spring 2009, and

WHEREAS, Without additional direction by the Council, this project will come to a stand-still and construction of the Kachemak Drive Water and Sewer Project (Phase II) will not start next summer; and

NOW, THEREFORE, BE IT RESOLVED that the Homer City Council hereby expresses its support for the swift completion of the Kachemak Drive Water and Sewer Project (Phase II), and authorizes the City Manager to prepare to use the power of eminent domain to facilitate the acquisition of any required easements by preparing the required Decisional Document; and

            BE IT FURTHER RESOLVED that the City Manager shall present the final Decisional Document to the Council within 30 days from the date of this resolution and make final recommendations regarding the use of eminent domain in acquiring the remaining necessary easements.

            PASSED AND ADOPTED by the Homer City Council this 9th day of February, 2009.

                                                                        CITY OF HOMER

                                                                        _____________________________

                                                                        JAMES C. HORNADAY, MAYOR

ATTEST:

______________________________

JO JOHNSON, CMC, CITY CLERK

Fiscal Note: N/A