Session 00-07, a Regular Meeting of the Homer City Council was called to order at 7:30 p.m. by Mayor Jack Cushing at the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.
PRESENT: COUNCILMEMBERS: WELLES, FENSKE, MARQUARDT, YOURKOWSKI, CUE, KRANICH
STAFF: CITY MANAGER DRATHMAN
CITY CLERK MARY CALHOUN
DEPUTY CITY CLERK BENSON
PORT DIR./HARBOR MASTER ABBOTT
PUBLIC WORKS DIRECTOR MEYER
AGENDA APPROVAL
(Addition of items to or removing items from the agenda will be by unanimous consent of the Council. HCC 1.24.040.)
The Agenda was approved by consensus of the City Council with the following changes:
Added: Pages 11 and 12 of the Minutes of March 28, 2000, Consent Agenda Item J. Memorandum 00-23, Resolution 00-42, and to Announcements/Presentations/Borough Report/Commission Reports, Item B. AML Conference Report by Councilmember Cue
Substitutions: Pages 9 and 10 of the Minutes of March 28, 2000, Item H. Substitute Resolution 00-40(S), Memorandum Substitution as backup for Resolution 00-39.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
There were no public comments.
RECONSIDERATION
CONSENT AGENDA
(Items listed below will be enacted by one motion. If separate discussion is desired on an item, that item may be removed from the Consent Agenda and placed on the Regular Meeting Agenda at the request of a Councilmember.)
A. Homer City Council regular meeting unapproved minutes of March 28, 2000. Recommend approval.
B. Memorandum 00-18, from City Clerk, Re: Travel Authorization for Councilmember Fenske to attend the Alaska's Foreign-Trade Zones Discussion and Training Session in Kodiak on April 26, 2000. Recommend approval.
C. Memorandum 00-19, from City Clerk, Re: Liquor License Renewal for Alaska's Italian Bistro (Now known as Captain Patties Seafood House), Application for Designation Permit and Seasonal Liquor License for Kevin Malz, dba Fresh Sourdough Express Bakery and Café. Recommend voice non objection and approval.
D. Memorandum 00-20, from City Manager, Re: Renewal of Homer Animal Control Contract with City of Homer. Recommend approval and authorize City Manager to sign.
E. Memorandum 00-21, from City Manager, Re: RFP for Sale of Dredge Spoils. Recommend approval.
F. Memorandum 00-22, from City Clerk, Request for Executive Session Re: Attorney/Client Privileged Communication Regarding Litigation. Recommend approval.
G. Resolution 00-38, from City Council of Homer, Alaska, Awarding The City of Homer ARP-35 Poopdeck/Hazel Avenue Road Improvements Project to the Firm of Herndon & Thompson, Inc. of Homer, Alaska, in the amount of $491,766.60 and Authorizing the City Manager to Execute the Appropriate Documents. HARP funds project 160763. Public Works. City Clerk. Recommend adoption.
Memorandum from Public Works as backup.
H. Resolution 00-40(S), from City Council of Homer, Alaska, Awarding Contract for City Hall, Parks, & Cemeteries Maintenance 2000, 2001, 2002 to B&C Lawn Care, PO Box 256, Anchor Point, AK 99556. Acct: 100.5210.175, $12,000 and 100.5209.178, $3,020. Public Works. City Clerk. Recommend adoption.
Memorandum from Public Works as backup.
I. Resolution 00-41, from City Council of Homer, Alaska, Awarding The Public Works Building Maintenance Service Van to the Firm of Cal Worthington Ford of Anchorage, Alaska, in the amount of $18,780.00 and Authorizing the City Manager to Execute the Appropriate Documents. Acct. 152.5209.383. Public Works. City Clerk. Recommend adoption.
Memorandum From Public Works as backup.
J. Resolution 00-42, from City Council of Homer, Alaska, Awarding the Fish Waste Grinding and Disposal System to Autio Company of Astoria, OR in the Amount of $35,057.00 and Authorizing the City Manager to Execute the Appropriate Documents. State Grant $50,000 for FY 2000. Recommend adoption. Port/Harbor. City Clerk.
Memorandum from Port/Harbor as backup.
WELLES/YOURKOWSKI - MOVED FOR THE APPROVAL OF THE RECOMMENDATIONS OF THE CONSENT AGENDA.
CUE/ - PULL ITEM D. AND PLACE UNDER NEW BUSINESS AS ITEM C.
MAYOR CUSHING REQUESTED ITEM E. BE PLACED UNDER NEW BUSINESS AS ITEM D. COUNCIL VOICED NO OBJECTIONS.
VOTE:(Items. A - C and F - J) YES: FENSKE, YOURKOWSKI, MARQUARDT, KRANICH, CUE.
Motion carried.
VISITORS
Cook Inlet Regional Citizens Advisory Council Representative Joe Gallagher will give a presentation on the CIRCAC Annual Report. Questions from Council will follow.
Joe Gallagher reviewed the 1999 Annual report with the Council and noted the highlights of the year. He emphasized that the Regional Citizen Advisory Councils are mandated by Federal Law and funded by the oil industry as required by Federal Law since the EXXON VALDEZ Oil Spill.
ANNOUNCEMENTS/ PRESENTATIONS/ BOROUGH REPORT/ COMMISSION REPORTS
A. Alaska Municipal League Conference Report by Councilmember Fenske.
B. A M L Conference Report by Councilmember Cue
Councilmember Yourkowski announced that there would be a Worksession on Monday, April 17, 2000 at 7:30 p.m. to discuss the format of the panel that will be discussion annexation.
Mayor Cushing announced that he will place on the next agenda Bill Smith as an alternate on the Water and Sewer Standards Committee.
Councilmember Fenske announced that there will be a Water and Sewer Standards Committee meeting on May 1, 2000 at 7 p.m.
PUBLIC HEARINGS.
A. Ordinance 00-07(A), Of the City Council of Homer, An Ordinance Amending the Business License Requirements of Chapter 8.02 of the Homer City Code. Fenske. (Introduction 02/28/00, Public Hearing 03/13/00, 03/28/00 Council scheduled a second public hearing - Public Hearing 4/10/00, Final Reading 04/10/00.)
Dean Ravin advised that he had conducted an informal poll over the last week of thirty business owners in the City and did not find one in favor of a City business tax and license. He commented about one of the Councilmembers having stated at the last meeting that he had contacted 20 business and found no opposition to that tax. He stated that he is not in favor of this and does not find it appropriate for the City of Homer to engage in the licensing of local business. He pointed out that businesses do have a state license that is good enough and the Borough allows him to collect tax for all to participate in spending. He suggested that the City could get the information off of the Borough tax rolls. This is enough paperwork for the City to pile on the business owners.
Steve Morphis distributed additional petition pages to the Council in objection to the business license. He noted that he conducted a little survey and collected signatures, pointing out that there were several who just did not want to sign their business, but would sign as individuals. He urged the Council to please think about this and do the right thing,
Pete Roberts stated that he does not like the idea either and has been talking to a lot of businesses and nobody is speaking for this. He voiced a wonder as to the 20 business that thought this was a great idea. The state business license is going up to $250. The City finds the strangest ways to fund itself. There already is a state business license, regs and the Borough takes care of the taxes. He did not see that there would be much net gain and probably would be a net loss with the probable need to hire someone. He expressed his opinion that this is questionable. He noted that Council has a lot of issues on the carpet. He commented that Council found it very important to have a fourth hearing on the business license with this being a second reading, yet something to change this area was a resolution. He concluded that it is amazing that Council could sink that annexation with one resolution that has created a fire around here.
Debra Wise stated that she is against the City business license. If the City needs to know who is in business the state can give them this information. She said that she does not see a reason to have to pay.
Michael McGuire voiced opposition to the Council imposing any more fees or to making business owners have to jump through hoops. He asked to see the Council encourage and support business owners. He pointed out that Council can find out the information from the state and the borough and not make it hard on business owners. He thanked Council for their time and energy.
Dave Schroeder stated that he is still opposed, advising that he circulated his own petition as well as talking to business owners. He presented the Council with his petition with an additional sixteen businesses opposed. Mr. Schroeder commented that he found no reason for the City of Homer to expand and add another level of government that already exists with the state and borough.
John Seitz said that he is not that opposed to a fee, but did not see the need for this license and found it to be just duplicating what already exists. He inquired why businesses are paying the City money to work for the City.
Michael Kennedy voiced his opposition to this license, noting the evident sentiment being expressed. It is obvious that the business community is opposed and the tide appears to be turning and people are finally speaking out on what they feel. This business license is all excess paperwork. He objected to the City Manager being able to assess civil penalties, something the court usually assesses, and run the hearing. He found this as "getting off kilter". He further objected to being able to fine people three or four times up to one thousand dollars with no relief in sight.
Bob Keyes advised that he is the same guy that has been spouting off about this on the radio the last couple of weeks. He commented on coming to Homer as a Spit Rat with a quarter in his pocket and therefore does not see the need for this license, which is a duplicate. He voiced his opinion that this is just a grab for power and that 99% of the people do their best to pay their taxes. He reported that he turned in a petition with 75 signatures of businesses last week and some were afraid to sign as businesses. He submitted another 50 signatures. He found this to be a socialistic move and a bad law. There are other things more important in Homer right now. Mr. Keyes stated that he did not come to argue with anyone or to create hard feelings, because he loves Homer and would like to see it grow and prosper. He voiced concern that Homer has become unfriendly, many people are buying land/homes outside of town and he does not want to see people pack up and leave town.
Brad Faulkner noted that no matter what he has to have a fisheries business license, but is really against this general business license. He objected to the City Manager being able to revoke or suspend the license for the reasons listed. He voiced his belief that at some point in each business's life they would fall short of the standards listed. Once suspended the City Manager is pretty much the judge, jury and executioner. He disagreed that this general license was needed.
Steve Veldstra commented that he does a lot of business inside the City limits, landscaping and is required to have a speciality contractor's license. He noted that some of his competition are low ballers and do not meet the requirements, but he provides a good quality business that he started with $600.00. He noted that his concern is the location verbiage and wondered if he would have to have several licenses. He emphasized that he provides the borough with the information for taxes and that this is available to the City. He stated that he is against this license.
Wes Marks stated that this is a lousy idea and seeing the petition and hearing the testimony of this ordinance it appears to be the walking dead . Is there a need for the Ordinance? The state can provide a competent list of those who have business licenses or the City can walk through the yellow pages. He noted the sales tax report he files monthly of taxable and non taxable sales, noting that these reports can be filed quarterly. This license would add another layer of bureaucracy imposed on the business owner. Businesses pay property tax on high value land. He commented that one of the first things he noticed in the ordinance was the statement that it is a privilege to do business in Homer. Having grown up in a capitalistic society, he stated that it is a right to do business and like many other rights it has responsibility and duty. He objected to the 8.02.020 item 8. All other information the City Council deems necessary to keep a current record of the business activity conducted in the City. He pointed out that businesses are subject to audit by the IRS and the borough, he voiced non interest in opening his books to the City Council. Audits are lengthy and expensive and time consuming. In reference to the City Manager, Mr. Marks said that he has been here a long time and watched City Managers come and go, therefore, the suggestion that the City Manager or his appointee could be the accusing and investigation officer, the trial officer and judge and jury is beyond his comprehension. He did not object to the $5 fee, but noted the overwhelming work the City employees do now and did not see the need to bury them in more administrative paperwork. This Ordinance is the walking dead, he urged the Council to bury it.
Alan Wetsel stated that if he refused to pick up a license it would put 5 businesses out of business and the way it figures out the City would lose between $35,000 and $50,000 in tax revenue. He stated that he would not do it.
John Hollis commented that all the arguments were pretty well presented and he is against it.
B. Ordinance 00-10, Of the City Council of Homer, Amending the Permanent Road Maintenance Map to Include Sitka Rose Circle. Public Works. City Clerk. (Introduction 3/28/00, Public Hearing 4/10/00, Final Reading 4/10/00)
There was no public testimony.
C. Resolution 00-39, Of the City Council of Homer, Amending the Port and Harbor Tariff No. 600, Rule 34.30, Fish Dock, Subsection 275. Port/Harbor. City Clerk (Public Hearing is required for Tariff Revisions)
Substitute Memorandum from Port & Harbor as backup.
Brad Faulkner, Alaska Customs Seafoods, stated that he is a fish dock user. He noted some of the time element problems and scheduling problems. In his opinion most people are courteous, accommodating and he does not see that there was a problem or need for this revision. He elucidated the process of having to contact NMFS (U.S. Department of Commerce, National Marine Fisheries) and the role this can play in scheduling. He commented on the designated use cranes and the public cranes and that he would like to see that part of the tariff wiped out, "the Harbormaster shall designate one or more cranes on the Fish Dock open to public use on a first come fist served basis." He question the wording about a food services establishment and asked for an explanation. He objected to the preferential use wording. He suggested that a sign be placed in front of the office that boats may not block the ice shoots without a skipper in attendance.
Mayor Cushing called for a recess at 8:52 p.m. reconvening the meeting at 9:07 p.m.
ORDINANCE(S)
A. Ordinance 00-07(A), Of the City Council of Homer, An Ordinance Amending the Business License Requirements of Chapter 8.02 of the Homer City Code. Fenske (Introduction 02/28/00, Public Hearing 03/13/00, 03/28/00 Council scheduled a second public hearing - Public Hearing 4/10/00, Final Reading 04/10/00.)
FENSKE/CUE - MOVED FOR ADOPTION OF ORDINANCE 00-07(A) BY READING OF TITLE.
There was lengthy discussion pro and con.
YOURKOWSKI/CUE - MOVED TO AMEND SECTION ONE FIRST PARAGRAPH STRIKE "FOR THE PRIVILEGE OF ENGAGING" AND CHANGE TO "TO ENGAGE".
VOTE:(primary amendment 1.) YES: YOURKOWSKI, MARQUARDT, KRANICH, CUE, FENSKE, WELLES.
Motion carried.
8.02.010(a) Would now read: To engage in business in the city, a person shall first obtain a business license and pay the prescribed license fee......
MARQUARDT/KRANICH - MOVED TO AMEND 8.02.080, THE CITY MANGER MAY REVOKE...., STRIKE CITY MANAGER AND INSERT CITY COUNCIL LINE 107 PAGE 103.
Councilmember Marquardt stated that his intent is to strike all references to the City Manager and insert City Council.
After a brief review the Council concluded that this amendment would not work and the section would need further massaging. This amendment would interfere with the appeal section.
The Council voiced consensus to withdraw the motion.
Motion withdrawn
MARQUARDT/KRANICH - MOVED TO AMEND ON PAGE 101 SECTION 8.02.020(A) 8. ALL OTHER INFORMATION THE CITY COUNCIL DEEMS NECESSARY TO KEEP A CURRENT RECORD OF THE BUSINESS ACTIVITY CONDUCTED IN THE CITY.
Discussion comments ranged from this item 8. being too open ended to being necessary to fulfill a need.
VOTE:(primary amendment 2.) YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, KRANICH, CUE.
Motion carried.
Councilmember Yourkowski noted that he had two ordinances copied for the Council, Itinerant Merchant Permits and Mobile Food Units.
YOURKOWSKI/ - MOVED TO AMEND TO INCLUDE IN THE TITLE TO REPEAL 8.08 AND 8.11.
It was noted that to repeal these two chapters of the Code would require separate ordinance(s).
Councilmember Yourkowski withdrew his amendment. If Ordinance 00-7(A) is adopted repeal ordinance(s) will be presented at the next meeting.
It was noted that HCC 8.08. and 8.11 brought up some good points and were more restrictive than Ordinance 00-7(A).
Lengthy discussion ensued on pros and cons.
Mayor Cushing called for a recess at 10 p.m., reconvening the meeting at 10:15 p.m.
Concern was expressed regarding item 3. on page 103. "The licensee has performed or permitted the performance of an act on the business premises or in connection with the licensed business that is contrary to law, ordinance, regulation or endangers the public health, safety or welfare;" The major concern appeared to be that this is open for interpretation and may place the city in a liability situation. Past legal opinions were briefly mentioned.
VOTE:(main amended motion) YES: CUE, FENSKE.
NO: MARQUARDT, KRANICH, WELLES, YOURKOWSKI.
Motion failed.
MARQUARDT/YOURKOWSKI - MOVED TO SUSPEND THE RULES AND MOVE NEW BUSINESS ITEM B. UP TO NOW. (Executive Session approved under Consent Agenda.)
VOTE: YES: KRANICH, CUE, FENSKE, WELLES, YOURKOWSKI, MARQUARDT.
Motion carried.
The Council recessed to Executive Session at 10:23 p.m.. Mayor Cushing reconvened the regular meeting at 11:04 p.m.
Councilmember Marquardt stated that the Council met in Executive Session regarding an Attorney Client privilege litigation matter and gave direction to the City Attorney.
B. Ordinance 00-08, Prohibiting the Dumping of Batteries in the Water of the City, Authorizing a Reward for Information Leading to a Conviction, and Imposing a Penalty. City Manager. City Attorney. (Introduction 3/13/00, Public Hearing 3/38/00, Final Reading 4/10/00)
YOURKOWSKI/MARQUARDT - MOVED TO ADOPT ORDINANCE 00-08 BY READING OF TITLE.
Comment was made that it is inconceivable that anyone would dump a battery in the harbor.
VOTE: YES: MARQUARDT, KRANICH, CUE, FENSKE, WELLES, YOURKOWSKI.
Motion carried.
C. Ordinance 00-10, Of the City Council of Homer, Amending the Permanent Road Maintenance Map to Include Sitka Rose Circle. Public Works. City Clerk. (Introduction 2/38/00, Public Hearing 4/10/00, Final Reading 4/10/00)
MARQUARDT/YOURKOWSKI - MOVED FOR THE ADOPTION OF ORDINANCE 00-10 BY READING OF TITLE.
There was no discussion.
VOTE: YES: YOURKOWSKI, MARQUARDT, KRANICH, CUE, FENSKE, WELLES.
Motion carried.
CITY MANAGER' S REPORT
A. City Manager's Report.
B. Bid Report, from City Clerk
The hiring of Steve Boyle as the Emergency Specialist received commendation. It was noted that he should be a tremendous asset to the Fire Department.
COMMITTEE REPORT
PENDING BUSINESS
NEW BUSINESS
A. Memorandum 00-15, from City Manager, Re: Extraterritorial Sewer Service Application for Steven and Sharon Schulz on Birchgate Court.
MARQUARDT/CUE - MOVED TO APPROVE STEVEN AND SHARON SCHULZ EXTRA TERRITORIAL SEWER SYSTEM APPLICATION.
KRANICH/FENSKE - MOVED TO POSTPONE UNTIL FIRST MEETING AFTER SIXTY DAYS.
It was stated that the main reason for postponement is the annexation issue and questions about extending services outside of City limits. Council expressed concerns regarding precedence setting.
Mayor Cushing relayed some of the history behind extra territorial services.
HCC 14.04.105 was referenced in Council's discussion and is on page 131 of the packet. Some Councilmembers expressed opinion that the annexation issue should not change the way the City does business. Council asked for costs of this service, there being no fiscal information attached.
YOURKOWSKI/MARQUARDT - MOVED TO AMEND TO UNTIL THE NEXT COUNCIL MEETING. (04/24/00)
VOTE:(secondary amendment) YES: CUE, FENSKE, WELLES, YOURKOWSKI, MARQUARDT, KRANICH.
Motion carried.
VOTE:(amended postponement) YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, KRANICH, CUE.
Motion carried.
B. Memorandum 00-22, from City Clerk, Request for Executive Session Re: Attorney/Client Privileged Communication Regarding Litigation.
ACTED UPON UNDER THE CONSENT AGENDA AND EXECUTIVE SESSION HELD BETWEEN ORDINANCE 00-07(A) AND 00-08.
C. Consent Agenda Item D. Memorandum 00-20, from City Manager, Re: Renewal of Homer Animal Control Contract with City of Homer. Recommend Approval and authorize City Manager to sign.
Motion on the floor.
There was a consensus of the Council regarding Item V. Records, of the Contract, that it include where animals come from, outside or inside the City limits, whether brought in or picked up.
There was a question regarding Worker's Comp and if the contractor has been able to obtain this insurance.
VOTE: YES: KRANICH, CUE, FENSKE, WELLES, YOURKOWSKI, MARQUARDT.
Motion carried.
E. Memorandum 00-21, from City Manager, Re: RFP for Sale of Dredge Spoils Recommend Approval.
Motion on the floor.
Mayor Cushing suggested that some of these materials may be needed for a couple of projects happening real fast; the EVOS application will be finished this week and they may identify materials requirement to build the Kiosks and wind shelters. The City is applying for the funds to do everything and in that application the City says it will provide the gravels. He asked for postponement until this summer's gravel needs on the Spit are identified.
Councilmember Welles noted the statement in the memo that the gravel needs to be cleared off the site by June 1st to take advantage of a leasing opportunity.
City Manager Drathman affirmed that there is a leasing opportunity. The Port has current needs to update certain things and is looking for a cash source. During the reorganization of the port/harbor enterprise fund an assumption made was that the dredge spoils are part of the Port/Harbor Fund and would be used there. As far as alternate use, one of the lessees is interested in leasing that property and if the Council inclined it could be put out for RFP. The dredge spoils, although not practical, could be moved. The revenues raised by selling the dredge spoils would be used to repair some problems on the 30 Acres and Freight Dock Road and possible other needs at the Fishin' Lagoon and Campground Fee Collection cabin area.
WELLES/CUE - MOVED TOP POSTPONE MEMORANDUM 00-21 UNTIL THE NEXT MEETING. (04/24/00)
VOTE: YES: YOURKOWSKI, MARQUARDT, KRANICH, CUE, FENSKE, WELLES.
Motion carried.
RESOLUTIONS
A. Resolution 00-39, of the City Council of Homer, Alaska, Amending the Port and Harbor Tariff No. 600, Rule 34.30, Fish Dock, Subsection 275. Port/Harbor. City Manager.
YOURKOWSKI/CUE - MOVED TO ADOPT RESOLUTION 00-39 BY READING OF TITLE.
Port Director/Harbormaster Abbott responded to Council inquiry regarding the cranes. There are three dedicated cranes and five cranes available to the public.
City Manager Drathman noted that whether preferential use or not this is immaterial to this revision, those people still cannot tie up the area.
Council asked that as many cranes as possible be open to the public and all preferential use agreements come to the Council first.
VOTE: YES: WELLES, YOURKOWSKI, MARQUARDT, KRANICH, CUE, FENSKE.
Motion carried.
COMMENTS OF THE AUDIENCE
Mary Griswold thanked many of the Council for talking to her about her concerns. In response to the Council's request for suggestions about what services the City should provide and who should pay for these. She offered her thoughts using the City's reasons for annexation as a guide:
Ms. Griswold stated that according to the Borough GIS Department 1,701 out of 3,363 parcels in the City have improvements on them, which means 1,662 parcels are undeveloped. The City will have its hands full overseeing development within its present boundaries. She applauded the City's efforts to plan 25 and 30 years into the future. She stated that according to the AAC the proposed boundaries for annexation are supposed to include only the areas of predictable growth, development and public safety needs during the next ten years. According to the Local Boundary Commission the average size of a jurisdictional area of 145 Cities in Alaska is 27.1 square miles. If annexation occurs Homer's area would more than double from 21 square miles to 46.58. She expressed her opinion that the City is clearly over reaching. She asked the City to evaluate these and other alternatives to annexation before moving so quickly into the league of big cities.
Laura Barton stated that she is real pleased with the action on the business license, adding if people are hiding from the Borough they are going to hide from the City. She commented that she does not want to see another cumbersome thing if she becomes a City resident, referring to annexation. Adding something like that does not help. She asked the City to find another way of purifying the City water, a less toxic way than chlorination, such as ozonation. She invited the Council to join in on Friday out front, a real positive thing and that they would enjoy it. Ms. Barton reminded the Council that it is not too late to pull their petition from the Local Boundary Commission and to get the City back together before tourism starts. She reiterated the comments about working on a fire service area, one thing that people could really use and are willing to pay for. On "some of these other things" she voiced disagreement. She thanked the Council for their time.
Michael Kennedy thanked the Council for their volunteerism and voiced appreciation for their service, noting that it is a thankless task sometimes. He advised that he is with a group called the Objective Annexation Review, a small core of Homer City residents. He reported that their objective is to figure out the real public sentiment, they tried to put together a poll with a neutral slant and believe that they did it. This was a phone poll of one hundred randomly selected people from the 3,300 City of Homer registered voters conducted by Pamela Brody. When the registered voter was not immediately available the spouse or other member of the household was polled.
Text: Hi. My name is Pam Brody. I am with a group of Homer residents conducting a public opinion poll about the City's annexation proposal to add outlying areas to the City of Homer. Would you mind taking just a couple of minutes to answer two questions? If the response was ok, go ahead. Then we said thank you. Number 1. If there were an election held today would you vote in favor of the City's proposed annexation or would you oppose annexation? Number 2. There is more than one legal process by which the City can annex land. The Homer City Council has chosen a process which does not involve an election. Do you think that having the people vote on annexation is not necessary or do you think annexation is the kind of issue that should be decided by a vote?
The results:
Question 1: Out of 100 - 21 in favor, 65 opposed and 14 no opinion .
Question 2: 75% favored a vote 13% not necessary 12% no opinion.
Mr. Kennedy reported that the group checked with Mr. Ditman, a professional poller, and were told that they did an excellent job. The results speak for themselves. He thought the forum was a good idea, but is a little bit like the mule going blind and the wagon has already been loaded. This should have been done first, the public feels a little short circuited. He advised that they plan on doing the same type of poll for businesses in Homer and will forward that information to the Council and see if it will carry any weight.
WELLES/CUE - MOVED TO SUSPEND THE RULES TO GO TILL DONE WITH MEETING.
VOTE: YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, KRANICH, CUE.
Motion carried.
Alan Wetsel thanked the City of Homer for their work on the Spit. There were some holes in parking lots, the maintenance was a great surprise last year and this year. He stated that it is appreciated and is something that will help the Spit.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans participated telephonically during the Executive Session.
COMMENTS OF THE CITY CLERK
City Clerk Calhoun had no comment.
COMMENTS OF THE CITY MANAGER
City Manager Drathman commented on the Kenai Peninsula Borough Branch Office in Homer and that Mayor Bagley approached him about the possibility of renting space at City Hall due to Borough budget constraints.
COMMENTS OF THE MAYOR
Mayor Cushing noted that he is asking questions and still needing answers about water and sewer outside City limits. He voiced apologies to Mr. Schultz regarding the extraterritorial sewer connect request, because his request happened to come right in the middle of another issue. Regarding Councilmember Kranich's suggestion that the City Code section 14.04.105 end right after subsection A., no sewer service be provided outside the boundaries. He pointed out that any Councilmember has the privilege to suggest that Council review the matter. He relayed some history regarding extraterritorial utility services and issues the Council faced in 1994. Mayor Cushing commented that the question needs to be asked if the Nordby Field property would have sold or if a property in town would have sold if it was real clear what this Council was going to do on that sewer service. This is the type of input he is looking for over the next six months and that has been being dealt with for at least the past eight years. Regarding the business license, he stated that this was a registration process and a method for the City to see who is doing business in town.
Mayor Cushing asked for a moment of silence for Brother Asaiah, who passed away, and for the nineteen marines killed last night.
COMMENTS OF THE CITY COUNCIL
Councilmembers Welles, Fenske, Marquardt, Cue and Kranich had no comments.
Councilmember Yourkowski asked that decals be placed on all City vehicles stating, "Satan Does Not Live at City Hall", and that this be done as soon as possible.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 12:10 a.m. A special meeting is scheduled for the Board of Adjustment Hearing on April 24, 2000, at 5:00 pm. The next regular meeting is scheduled for April 24, 2000, at 7:30 pm in the Homer City Hall Council Chambers. A worksession is scheduled for April 17, 2000 at 7:30 p.m.
_______________________________________
MARY L. CALHOUN, CMC, CITY CLERK