Session 03-08, 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.
The Council's Committee of the Whole met from 4:07 p.m. to 6:10 p.m. Items discussed were the Regular Meeting Agenda Items.
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 Council with the following changes: Substitute Ordinance 03-22 with Ordinance 03-22(S), Substitute Resolution 03-57 with 03-57(S) and Memorandum 03-49 under Consent Agenda; the addition of Frank Griswold fax regarding Ordinance 03-15 under Public Hearings; and Roger Imhoff email regarding Ordinance 03-43(S)(2) under Ordinances. Administration pulled Memorandum 03-57 from the agenda.
PRESENT: COUNCILMEMBERS: BECK, FENSKE, KRANICH, LADD
STAFF: CITY MANAGER WREDE
ABSENT: STARK, YOURKOWSKI (excused)
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Chris Newby commented regarding Resolution 03-59. Mr. Newby spoke strongly in support of bringing sewer into the neighborhood. He urged the council to look at a per lot or per unit approach when setting methodology. His house is sitting on a double lot and he has only one sewer connection. There are others of similar nature in the neighborhood and he would like that taken into consideration. He further believes that the preliminary estimates for that project are old and may not reflect the true cost. He felt perhaps the estimates are somewhat overstated. He asked for refinement of the cost estimate. Mr. Newby hoped the project would move forward and bring sewer service to the area.
Val McLay commented on Resolution 03-55(S) Kachemak Drive Sewer Phase I. He has owned a business on Kachemak Drive for 15 years. He has his water and sewer systems taken care of. He realizes that a lot of property owners on Kachemak Drive are in favor of the Local Improvement District (LID). He also knows that a lot of those people do not live here and want to develop their property. He asked how the City would be charging for sewer without water service since the sewer is based upon water consumption. He advised that what it would cost him to get his sewer taken care of now; would take 12 years of what it costs him now just to pay for the assessment. Mr. McLay thought it disheartening to have a large cost with no need. He's against this. He asked the council to think about everyone else that does not need or want this prior to proceeding.
Steven Rouse spoke about the Ocean Drive Loop Water and Sewer project. He's lived there for ten years and strongly supports having this pass. His reasons are more environmental than need. He advised there are individuals and properties dumping directly into the bay. He feels this project is overdue. He agreed with the previous speaker on the methodology as far as assessment. He thought it more effective, efficient and fair to figure this on a per use basis verus a per lot basis. He urged the adoption of this resolution.
Buddy Risinger claimed to represent nine of the lot owners and eight residents who live in Forest Glen Subdivision. They sent letters to the City regarding this issue. They had a deal with the City for 50/50 and expect to see the City to stand by that deal on the City sewer and water services. There's now six lots that are subdividing which adds up to 30 lots now instead of 20 lots. The deal was that each lot had an equal share of the total amount on the 50/50 deal, therefore, he and the people he represents believe that the 30 lots should now share the cost.
Tom Laing spoke regarding Resolution 03-57(S) about the high mast lights. He works with Puffin Electric, the apparent low bidder on this project. After working hard on the bid, Puffin Electric was told by the City that the budget would cover only about 60% of their bid. He advised that the next higher bid was three times what the City's estimate was. To his knowledge this is the third time this has happened, two of which happened to Puffin Electric. He thinks the City should be aware that these estimates need to be more realistic. Contractors in town are getting a little irritated about doing this and finding it's just an exercise. He shared that there is a few thousand dollars invested in their time, sub-contractor's time and suppliers time in putting this together only to find out that it wasn't a viable project from the beginning. He suggested that this might be a pattern that's going on. In any case, he wanted to bring it to the attention of the council.
Frank Griswold asked that the minutes of the March 24th, 2003 Homer City Council meeting include all of the comments of the council members, hopefully verbatim. He advised that there were at least four council members that spoke on Ordinance 03-15. He felt the comments were important and thought that the Homer News report was more complete than the City minutes. He voiced support for Ordinance 03-21, repealing the contract re-zone.
Roger Imhoff spoke on the Forest Glen Resolution 03-48(S) and offered support to Resolution 03-58, the State purchase of the Fowler property. It's widely used as a ski and recreation area and there is city and area wide support to make that something other than another subdivision. On Resolution 03-49(S) he advised that the owners of six lots, including himself, has filed with the City a subdivision plat and will be at this weeks City Planning Commission meeting. He thought that the City was going to check with the attorney to see if this throws the project into the 75/25 category. If it does, Mr. Imhoff advised that the plat would probably be withdrawn until such time as the LID is accepted. He does not want to jeopardize the 50/50 agreement that's already in place. Regarding the language for the new methodology for assessments, he advised that the last time it was suggested that if the new and old method are compared, where it was simply a pro-rata, it would come out the same; that it's not costing the subdivider any additional dollars for the hook-up. He did some math and used Forest Glen with the 30 lots. He split the total assessment of $612,000.00 by 50/50 that equals $10,207.00 per lot for the 30 lots. Since lot splits are common, he then divided the $10,207.00 assessment by 30 lots which equals a $340.00 refund for each of the 30 lots. Comparably, using the old method under this scenario, the lot spit would equal $5000 less for each lot. He then divided $5000 by $340 resulting in the requirement of 15 additional new lots to break even. There is no way to know if that will happen. He drew a graph indicating to the Council that the more original lots there are within an LID, the more new lots are required to equal out using the old method of doing the assessments. He concluded that since there is a limit, some LIDs will never realize their money. In regards to what was in the minutes it seemed to him that the intent was to nail the property owners who were vacating lot lines for one assessment, then going back and resubdividing trying to get two hookups for the price of one. He felt this one nails everyone and hopes to have shown it is a penalty. He hoped the council would revisit this ordinance and change the language in it.
RECONSIDERATION
None.
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.)
City Manager requested Item E be moved to Resolutions.
A. Homer City Council unapproved meeting minutes of March 24, 2003 Regular Meeting. Recommend approval.
B. Ordinance 03-21, Of the City Council of the City of Homer, Alaska Repealing Chapter 21.63 Contract Rezone from the Homer City Code. Planning. Recommend introduction and public hearing and second reading on April 28, 2003.
Placed under Ordinances.
C. (Substitute approved under Agenda Approval)Ordinance 03-22(S), Of the City Council of Homer, Alaska Accepting and Appropriating a Grant of $108,305.00 from the Alaska Department of Transportation and Public Facilities Highway Safety Project for Traffic Safety Saturation Patrols and In Car Video Systems and Authorizing the City Manager to Execute the Appropriate Documents. HPD. City Manager. Recommend introduction and public hearing and second reading on April 28, 2003.
Memorandum 03-48 from Chief of Police as backup.
D. Resolution 03-56, Of the City Council of the City of Homer, Noting the Insufficiency of the Petition for Spruceview/Noview/Wright Street Road Reconstruction and Paving Improvement District. Public Works. City Clerk. Recommend adoption.
E. (Substitute approved under Agenda Approval)Resolution 03-57(S), Of the City Council of Homer, Alaska Awarding the Bid for the Homer Small Boat Harbor High Mast Lights to the Firm of Puffin Electric of Homer, Alaska in the Amount of $166,617.00 and Authorizing the City Manager to Execute the Appropriate Documents. PWD. City Clerk. Recommend adoption. Substitute by meeting time.
Memorandum 03-49, from Public Works as Backup.
Placed under Resolutions.
H. Resolution 03-58, Of the City Council of Homer, Alaska, Encouraging the State of Alaska to Support Acquisition of the 160 Acre "Fowler Property" in the Diamond Creek Corridor Utilizing Funding from the Federal Forest Legacy Program Through the Alaska Division of Parks and Outdoor Recreation. Mayor. City Manager. Recommend adoption.
I. Memorandum 03-50, from City Manager, Re: Lease Amendment/Coast Guard Cutter Hickory. Recommend approval.
J. Memorandum 03-52, from Finance Director, Re: Kachemak Port Services Lease. Recommend approval.
K. Memorandum 03-53, from Finance Director, Re: Mary McCubbins License Agreement. Recommend approval.
L. Memorandum 03-54, from Mayor, Re: Appointment of Bruce Hess to the Planning Commission and Sean Martin to the Port/Harbor Commission. Recommend Confirmation.
FENSKE/BECK-LADD- MOVE TO ADOPTION AND/OR APPROVE THE RECOMMENDATIONS OF THE CONSENT AGENDA AS READ.
Councilmember Kranich asked that Item B be pulled and placed under Ordinances.
Mayor Cushing asked if there was any objection to Mr. Griswold's request to change the minutes to reflect council's comments regarding Ordinance 03-15 off the tapes. There was no objection.
VOTE: (Items B and E removed) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VISITORS
A. Kenai Peninsula Housing Initiatives, Inc. - Steve Rouse.
Steven Rouse, Executive Director of the KPHI (Kenai Peninsula Housing Initiatives, Inc) with offices in Homer at 332 E Pioneer Avenue. His purpose was to give an in-depth background of KPHI and a specific project that they have secured a pre-development grant to do and to present an opportunity for City of Homer to make an investment in that project that will return a benefit to the community at large and some financial considerations over the long term. The non-profit organization was founded in 1996 and was incorporated in the State of Alaska and in 2002 it was awarded federal designation as a Community Housing Development Organization for the Kenai Peninsula. The mission is to identify and provide and develop affordable housing to low income, very low income and special needs clients. KPHI has been a lead agency in identifying specific needs for affordable housing throughout the Kenai Peninsula. Based upon surveys done by the City of Homer, the Kenai Peninsula, Blacksmith-Richards (a markets/analysis firm) and other entities it is shown that there is a terrible lack of affordable housing within the Kenai Peninsula and most specifically within Homer. The first project is called Homes by the Sea based upon an understanding of a need for those with special needs who are beneficiaries of the mental health trust who have developmental disabilities and/or mental illness. Based on that need and support from this community KPHI applied for and received a pre-development grant to build a project that would be an answer to a specific need which is an 8 room facility to house folk with special needs that would require some form of ongoing care. The grant requires an updated market analysis which is nearly complete, so the need is there. It also requires the willingness of the City to provide a building lot on which to construct the home. He asked that the City formulate and adopt a resolution that would transfer ownership of a suitable piece of property to Kenai Peninsula Housing Initiative at no cost to the organization so they can move forward, apply for and obtain a construction grant to build the facility. He gave the reasons the City should do this: the need is there, there is an organization willing to do the work and there is access to funding. He referred to the parcel provided to Habitat for Humanities for a single family resident as a precedent for doing this. KPHI would be serving 8 individuals. Other precedents have been set in Soldotna and the Mat-Su Valley by CHDO (Community Housing Development Organization) with great success. KPHI is not just coming to the City with hat in hand. Their business plan is to develop something, provide a service, a return of value to the community and the coffers of City of Homer. To that end, Mr. Rouse requested a waiver of the fees to connect to city services and an abatement of property taxes until such time that the facility could be built. KPHI would look forward to working with the City to identify a mechanism by which they can pay appropriate property taxes on an improved piece of property. The requirements for this property is that it has to be close to the city, preferably with walking distance, available to some type of services to enter town and interact within the community. He referred to the map provided to the council showing City properties saying he would like to work with the City to identify a property, however, he is lacking an absolute suggestion right now. He closed by reiterating-
Mr. Rouse thanked the Council for the opportunity to address them and offered to answer questions. In answer to questions from the council Mr. Rouse provided the following further information -
Mayor Cushing thanked Mr. Rouse for his presentation. Mr. Rouse reiterated that he would like to see the Council adopt a resolution.
Mayor called for a recess at 8:27 p.m and reconvened at 8:38 p.m.
ANNOUNCEMENTS/ PRESENTATIONS/BOROUGH REPORT / COMMISSION REPORTS
Kenai Pensinsula Borough Assemblyman Chris Moss advised that at the last Assembly Meeting the South Peninsula Hospital Service Area requested a Special Election for expansion of the hospital that will cost $17 Million of which $10.5 Million will be bonded. Voting would occur in June and July and would be a mail-in ballot. The reason for the Special Election is to allow the building process to start in 2004 - a one year advantage. Secondly, KPB Ordinance 2003-11 was introduced that would exempt certain portions of fuel sales. The intent is to take State and Federal taxes out of fuel sales prior to applying the sales tax. The same sponsor has done this several times in the past. The Finance Director's 1998 analysis showed the impact of this to Homer/Seward to be $29,000; impact to Kenai/Soldotna was $47,000 and the Borough-wide impact would have been $120,000. It's probably 15% more now. Homer would not be able to exempt themselves from this ordinance. Kenai and Seward, being Home Rule, could make themselves exempt. He added that the rationale on the sales tax exemption of fuel issue is it is not proper to tax a tax, although Assemblyman Moss acknowledged that this is the case on items such as tires and alcohol. The Borough is in their budget cycle and is seeing budgets coming in from all the departments. When asked about the importance of the tax issue by Councilmember Fenske, Mr. Moss advised that he'd tried to take the item off the Consent Agenda and kill it however there had not been enough input from the cities and that failed 2 to 6. When asked by Councilmember Ladd what the feeling of the assembly is on the hospital expansion, he replied that some assembly members are concerned about public input midyear and some think it should be at the regular election. Also, responding to Councilmember Ladd, he advised that the difference between the $17 Million and the $10.5 Million - $2.5 Million is going to be collected through revenues over the next couple of years through the depreciation schedule. The remaining money is left over from 1996-1997 money in which there was not enough to do projects so the money was held back.
A. Memorandum 03-56, From Councilman Stark, Re: KPB EDD Board Meeting 27 March 2003 Report.
PUBLIC HEARING(S)
A. Ordinance 03-15, Of the City Council of the City of Homer, Alaska, Amending the Homer City Zoning Map to Rezone Portions of the Marine Industrial District (MI) to Marine Commercial District (MC). Planning. (Introduction and First Reading postponed on 02/24/03 to 03/24/03, Public Hearing 04/14/03, Second Reading 04/28/03.)
Due to a conflict of interest and the absence of Mayor Pro Tempore Yourkowski, Mayor Cushing turned the gavel over to Councilmember Fenske and left the table.
Frank Griswold noted by the size of the audience that there isn't wide spread support for this ordinance. He advised that he had raised some conflict of interest issues that he hopes is dealt with prior to taking further action. He read a statement into the record of which a copy was provided to the clerk regarding Ordinance 03-15, Spit Rezone.
Mayor Cushing returned to the table and Councilmember Fenske returned the gavel to him.
B. Ordinance 03-18, Of the Homer City Council Adding a New Chapter to the Homer City Code, 12.12, Flood Damage Prevention. Planning Commission. Manager. First Reading 03/24/03, Public Hearing 04/14/03, Second Reading 04/28/03.)
There was no public testimony.
The City Manager advised that there are written comments in the packet from FEMA (Federal Emergency Management)
C. Ordinance 03-19(S), Of the City Council of Homer, Alaska, Appropriating $30,028.00 from the Police Department Fleet Reserves, Authorizing the Purchase of One Patrol Car from Worthington Ford in the Amount of $22,028.00 and Authorizing the City Manager to Execute the Appropriate Documents. HPD. City Manager. Fiscal Note: HPD Fleet Reserves Acct. 152-382. (First Reading 03/24/03, Public Hearing 04/14/03, Second Reading.
There was no public testimony.
KRANICH/LADD- MOVED FOR ADOPTION OF ORDINANCE 03-19(S) BY READING OF TITLE
Comments were brief.
VOTE: YES:UNANIMOUS CONSENT. NON-OBJECTION.
Motion carried.
D. New Liquor License for Mangia! Mangia!
There was no public testimony.
ORDINANCE(S)
A. Ordinance 02-43 and 02-43(S), Of the City Council of the City of Homer, Alaska Amending the Subdivision Code, Chapter 22.10 of the Homer City Code to Provide for an Abbreviated Plat Approval Procedure for Certain Small Subdivisions. City Manager. (First Reading 10/14/02, Public Hearing 10/28/02 rescheduled to 11/04/02, Second Reading 11/25/02 postponed to 12/09/02, postponed to 01/27/03 and Main amended motion on the floor was postponed to 04/14/03.
A.1. Ordinance 02-43(S)(2), same title. Submitted by the City Attorney to address Council's concerns.
(Motion on the floor- main motion) BECK/FENSKE - MOVED FOR ADOPTION OF ORDINANCE 02-43 BY READING OF TITLE FOR SECOND AND FINAL READING.
(Motion on the floor - primary amendment) KRANICH/BECK - MOVED TO AMEND THE MOTION TO ADOPT ORDINANCE 02-43(S).
(secondary amendment) FENSKE/BECK - MOVE TO AMEND THE MOTION TO SUBSITUTE 02-43(S) to 02-43(S)(2)
(primary amendment) VOTE: YES: UNANIMOUS CONSENT. NON-OBJECTION.
Motion carried.
City Manager Wrede agreed with Roger Imhoff's comments regarding the fact that this does defeat the purpose and may make the whole process longer. He suggested either going back to the drawing table or rejecting this tonight. He recommended rejection.
Councilmember Ladd felt this has been changed so many times it's best to vote it down and if there is a need to do something in the future Council should come up with a clean copy and start over.
Councilmember Kranich thought the ordinance needed clarification. He agreed that there has been too many changes.
(secondary amendment) VOTE: YES: UNANIMOUS CONSENT. NON-OBJECTION
(Main motion amended twice) VOTE: YES:
Motion failed.
B. Ordinance 03-20, Of the City Council of the City of Homer, Alaska, Amending the Homer City Zoning Map to Zone Portions of the Annexed Area Identified as Study Area #6 per Attached Exhibits A and B. Planning Commission. (First Reading Postponed on 03/24/03 to 04/14/04, Public Hearing 04/28/04, Second Reading 05/12/03.) Motion is on the floor
(Motion on the floor)KRANICH/BECK - MOVE TO ADOPT ORDINANCE 03-20 BY READING OF TITLE FOR INTRODUCTION.
City Manager Wrede responded to Councilmember Kranich request for clarification on Exhibit A and this request for confirmation that everyone on the list was notified, saying that to the best of his knowledge Exhibit B is correct and everyone on that list was notified. He stated that Exhibit A in this packet is the correct one.
There was further discussion on whether the list on Exhibit B matched the map on Exhibit A.. Councilmember Ladd requested and the Mayor called for a short break to review maps.
After the break, Mayor Cushing stated that the January 13, 2003 map on the wall is the map of record for introduction.
VOTE: YES: UNANIMOUS CONSENT. NON-OBJECTION.
Motion carried.
C. (Consent Agenda Item B) .Ordinance 03-21, Of the City Council of the City of Homer, Alaska Repealing Chapter 21.63 Contract Rezone from the Homer City Code. Planning. Recommend introduction and public hearing and second reading on April 28, 2003
Motion made under Consent Agenda.
Councilmember Kranich understood that the contract rezone could be used in some instances where it can be utilized under certain conditions to be placed on the property along with the rezoning that would be highly beneficial to the public and the municipality. He could see some places where this would be desirable. He suggested looking at replacing this with some kind of conditional rezone that would still allow different criteria and restrictions that would have a public benefit.
Councilmember Fenske added that this confuses the zoning code. He was interested in simplifying rather than confusing and voiced support for this ordinance.
Councilmember Ladd tended to agree with Mr. Kranich referring to a conclusion by the attorney saying there is legitimacy to retaining contract rezone. This must be done very carefully, adding that without further consideration, he felt that eliminating this section at this time would be an error.
VOTE: YES: UNANIMOUS CONSENT. NON-OBJECTION.
Motion carried.
CITY MANAGER'S REPORT
A. City Manager's Report
Councilmember Kranich commended the City Manager on his report and asked where the funds were coming from for the Water/Sewer Master Plan. City Manager Wrede advised that the City has applied for a DEC grant for next year. Part of it will be paid for through the Wetlands Mapping Project Grant. Another part could come from the Homer Accelerated Water and Sewer Program fund. Administration will come back to the Council with recommendations. Right now the City is merely asking for interest and qualifications.
Councilmember Ladd also commended the City Manager on his report. He agreed with Item #8 that a work session is in order regarding the City Hall appraisal. He added that he would also like to further discuss the ramifications and where the Council will go from here, dealing with the Animal Shelter and Library property, downtown square, requests for property, etc. He thought it time to set a direction and look at where finances are. He encouraged a work session.
Councilmember Beck agreed on the need for a work session. She also requested a map showing the sizes of the city owned properties and what the values are for the work session.
Mayor Cushing advised that in the past the Council has met with all of the commissions in a Land Allocation Work Session using the Land Allocation Plan. He felt this could cover half of the topics. He suggested that the other items could be dealt with under a separate work session.
City Manager Wrede advised that Rex Young of Department of Transportation would like to give a presentation, preferably at the Committee of the Whole. Mr. Young would be speaking about Bartlett Street, Pioneer Avenue, a traffic study and traffic lights. He encouraged a work session as soon as possible. The University has received the appraisal of City Hall. They have responded favorably and Council hasn't had a discussion on whether or not they like the numbers or if that's the sale price or what a deal would be.
There was discussion regarding planning a time, place and type of meeting needed. The possible need for an executive session was brought up. A land allocation meeting was discussed. There was concurrence that these issues would be on the agenda for the next Committee of the Whole and a longer meeting established. Council agreed that Rex Young would also speak at Committee of the Whole. Questions of the Council for Mr. Young will be given to the city manager this week. Suggestions for Mr. Young during discussion were to give an update on area-wide projects, STIP gradings, Preliminary Designs, East End Road, etc. City Manager Wrede stressed that the sale of City Hall and University property is the most immediate concern. Councilmember Ladd suggested that an executive session should be scheduled in case one is needed. Mayor Cushing asked that the council be copied with the last Land Allocation Plan in addition to what Councilmember Beck requested.
City Manager Wrede wanted to note that Sandra Johnson at the Homer Police Department is retiring and thanked her for her 18 years of service to the City of Homer.
In response to Councilmember Fenske's interest in seeing transitional costs of moving City Hall and not moving City Hall and what the options are should be included if there is an executive session, City Manager Wrede advised that administration is looking at the numbers, however, doesn't have much yet. He has a report by the Borough when the building was transferred to the City. Included was a list of items to bring it up to code. He has requested a list of improvements by the University. He suggested that at some point the City may have to spend money on having the City building inspector and engineer come up with an estimate, for example, on what it would cost to wire the building for internet and phones, etc. He advised that these figures may not be available for the next meeting.
B. Bid Report
C. Record Report.
COMMITTEE REPORT
A. Large Store Impact Task Force, April 3, 2003 Summary and Final Draft Report.
Councilmember Ladd focused on the minutes of the last meeting which included the recommendations of the task force. The task force broke down the components of the impact report and the standards associated with that report.
This report has been sent on to the Planning Commission and is not on their agenda yet. The building cap is on their April 16th meeting. He advised that some parts of the report were done in depth and some were touched on very briefly. He acknowledged that there is ambiguity to some parts of it adding that the task force is passing this on knowing that the Planning Commission has much more expertise than some of the general public as to what exists in present City Code. Therefore, the task force asks that the Planning Commission look at areas such as dealing with site design - lighting, landscaping, setbacks, buffering, etc. It is expected to take several months before this gets back to the Council for consideration.
Mayor Cushing asked for input from the Council acknowledging that Council cannot change a committee report. He advised that apparently the situation over the weekend revolved primarily around lines 193-242(1) (Tree Protection) of the recommendation. Mayor Cushing asked that this part of the report be dropped from consideration.
Councilmember Ladd explained that this portion of the recommendations came from Ashland, Oregon, and when it was inserted the intent was to have things done in a conscientious, meaningful, protective way. It was a consensus of the task force that this area needed much more work by the Planning Commission. He acknowledged that this section is probably the more inflammatory part by the landowners of which the task force did recognize that this was briefly done and was submitted knowing that it would change. Councilmember Ladd did not have a problem with this part being removed from the document and have the Planning Commission try and look at what was attempted to be done here and create a way to do this in conjunction with the present City Code to develop in an environmentally conscientious way.
Mayor Cushing voiced support for striking that section and advised this would give the City an opportunity to get back to together with CIRI (Cook Inlet Region, Inc.). He asked if the Council would support this section being stricken from the draft prior to what the Planning Commission is administratively given to start up with. If so, the City could follow up where things were left off with CIRI.
Councilmember Kranich referred to Memorandum 03-17(A) that was adopted to establish the task force. He felt that the tree protection was outside the scope of the task force. He felt this requirement totally irrelevant. In going back to page 319, Recommendations to the Planning Commission, he pointed out that some of the recommendations go down to 8 and 0 square feet; and, only one place in the enabling legislation for this task force was anything mentioned less than 15,000 sf which was just to consider lowering the 30,000 figure to 15, 000. He felt that any recommendations to the Planning Commission having to do with less than 15,000 sf should be stricken.
Mayor Cushing acknowledged that these recommendations came from the lower 48 and these were included only to bring them to the table for discussion, of which it has succeeded. He suggested again that this section be removed by administration and not be forwarded to the Planning Commission at this point in time, until further widespread notice is made.
Councilmember Ladd spoke in defense of the task force, describing them as a group of citizens that came together which were meaningful and worked many, many, many hours to try to come up with a document which gave some direction and a boilerplate to the Planning Commission from which to spring. The council did give them the ability to submit other considerations and recommendations. The scope for consideration regarding a building is wider than one would think. He listed considerations such as wall size, aesthetics, design, walkways, foliage, vegetation, parking lots, snow removal, lighting, noise buffering, and more that were considered by the task force. This model was taken from Greenfield, MA, and Rockfield, MD, and other communities and within a short month and a half a document with a lot of good information was created. He added that Homer Code is very lacking in terms of site development. Some of the people on the task force were Planning Commissioners that recognize there are big holes in the City Code in terms of uniform building code and other things who saw an opportunity to submit notes that says we need to get on this. Councilmember Ladd stated this was done with good intentions and he complemented all involved who gave up lots of Saturdays and evening hours to create this document. He reiterated that the tree protection portion was not discussed in depth at all; the task force was not satisfied with this component; this is not in granite; this is not the way they want it. This was submitted to the Planning Commission to work with; it's a draft working document.
Mayor Cushing recalled that there was discussion of other items when the memorandum created the task force - the 30,000 sf being one of them. He pointed out that these items didn't come up all of a sudden with the approval of the memorandum to create the task force. These items came up as early as October 2000 when this Council asked specifically how to maintain the health and diversity of our small to medium retail. This came out in this Council's request to the City Manager as one of the top 20 priorities for administration to be working on. Some of these items came out in the Citizen Survey on architectural standards. In trying to be responsive and thorough, the Mayor felt the task force should be commended. He described Homer as a young, dynamic town where change is happening faster than can be imagined. There is more change than elected officials can keep up with without a tremendous amount of work from the citizens to progress and do what's best for the growth of the community.
Councilmember Beck thanked the task force for all their work. She was amazed with the speed at which they worked to meet their deadline. She is not in favor of striking the tree protection. She is in favor of forwarding this to the Planning Commission and letting them do what they want with it and if Council does end up deleting Tree Protection, she would like to see Soil and Vegetation Protection Standards retained. She concluded that she would like to see the whole thing go to the Planning Commission and let them do what they do with it.
Councilmember Ladd pointed out that in the categorical areas, there were five of them, one entire area deals with environmental impact. He thought that if the City maintains the standards associated with trying to protect the environment this is a pretty good plan, albeit rough.
Mayor Cushing commented that this section may be an issue for another time. The ramifications need to be addressed and this needs to be well announced. He stated this is an intense section.
Councilmember Fenske acknowledged the extraordinary amount of work put into this impact analysis. He attended portions of some of the meetings and found the task force to be a very diverse group. He thought this evident when looking at the range of sizes of buildings in the discussions and recommendations. He thought what was being pointed out is the lack of code development to meet the needs of people wanting to do business in the area. He discussed the steps a developer takes to create a large project. He referred to the Dimond Center in Anchorage saying that on a project that size nothing is saved. He noted that in Homer there are some who feel that no development is good. Others want to see anything happen. The Council is responsible for sifting through this input and try to come up with code that will accommodate reasonable development. He stated that maybe officials went off the deep end with Fred Meyer coming to town. (Mayor interjected - disagreeing). Mr. Fenske said he may have been a little intimidated by Fred Meyer coming to town. The questions must be answered for the community. This draft is going to Planning and they have their work cut out for them. He cautioned not to get too perplexed in the process because it is only a process. He thanked this group and all others for all their hard work.
Mayor Cushing reiterated that this issue was brought up as early as October 2000.
Councilmember Ladd reported that the task force tried to ensure and maintain a quality of life that Homer is used to and tried to allow for development that can improve upon that. He stated that the Planning Commission has already publicly stated that they are going to scratch that section and start over. He again reiterated that the tree section was just part of the boiler plate. He thought that for the long term interest of the City the Council should say tonight that this section has been scratched. Mayor Cushing agreed. Councilmember Kranich agreed.
Although Councilmember Kranich has problems with parts of the recommendation, he acknowledged the great amount of work that went into this by the task force. He recognized that they covered a lot of ground in a short period of time. He felt that if Planning Commission considers 0 sf, then this should apply to residential also. He justified by saying that a 7000 sf house just as easily pollutes the environment as a 4000 sf business. Mr. Kranich thought Council should also look into applying the square foot rules to all buildings - not just business or retail.
Councilmember Ladd advised that the task force discussed having this apply to all buildings, however, they were tasked with retail and wholesale considerations only.
Mayor Cushing dittoed everything Councilmembers Kranich, Beck and Fenske said about commending the task force.
B. Town Square Task Force.
Councilmember Beck advised that they did not meet last month. There is a meeting on Thursday, April 17th at 7 p.m. in Council Chambers.
PENDING BUSINESS
None.
NEW BUSINESS
A. Memorandum 03-55, from City Clerk, Re: New Liquor License for the Mangia! Mangia!
Recommendation: It is the recommendation of the staff that the Homer City Council "Voice non objection and approval" for the new Liquor License and Restaurant Designation Permit for Mangia! Mangia!.
KRANICH/FENSKE- MOVE THAT COUNCIL APPROVE THE RECOMMENDATIONS OF MEMORANDUM 03-55.
No discussion.
VOTE: YES: UNANIMOUS CONSENT. NON-OBJECTION.
Motion carried.
B.(pulled under agenda approval)Memorandum 03-57, from City Manager, Re: Traffic Lights/Comprehensive Traffic Study.
RESOLUTIONS
A. Resolution 03-48(S), Of the City Council of Homer, Alaska Noting Public Works Acceptance of the Forest Glen Water and Sewer Improvement Project, Accepting this Project for City Maintenance and Forwarding the Assessment District to the Final Assessment Roll and Payment Process and Setting a Public Hearing Date of April 28, 2003. Public Works. City Clerk. Fiscal Note: HAWSP and Property Owners 50% each, project cost is $612,407.77. Postponed on March 24, 2003 to April 14, 2003. Main motion for adoption is on the floor.
Memorandum 03-58, from City Clerk, Re: Yourkowski request for staff interpretation of Ordinance 03-48, HCC 17.04.180
FENSKE/LADD - MOVE FOR THE ADOPTION OF RESOLUTION 03-48(S) BY READING OF TITLE.
Councilmember Fenske commented on questions that were discussed earlier regarding plats that are in process for this subdivision.
City Manager Wrede apologized that there is no written opinion in the packet from the City Attorney. Mr. Wrede advised that the City Attorney stated this would not change the assessment district nor jeopardize the 50/50 split. This is merely keeping the same district and increasing the number of people who would share in the cost. The City Attorney stated that if the City allows the subdivision at this late date, it should be passed according to the ordinance subsequent to the one the clerk commented on. If Council did not want to wait for plat recording, there is a possibility to have a written agreement between the City and the Subdividers that they would pay extra assessments from the start. Mr. Wrede added that Mr. Fenske had pointed out that there is a risk in doing this because there is no way to know if the plat will be approved. Mr. Wrede suggested either giving the developer the time to have this platted correctly - possibly until June or longer; or, approve it without the new lots and the City will use standard procedures to deal with the additional lots. The down side of waiting is it will put off when the City starts getting reimbursed.
Councilmember Fenske reiterated the options. He noted this will not change the construction; only slow up the assessment process. He didn't feel he had enough information on this design to make a decision.
Councilmember Beck asked the City Manager for a recommendation that was best for the City.
City Manager Wrede advised that from the City's perspective it would be best to approve it the way it is, however if he were a land owner in that subdivision he'd like to wait.
Councilmember Ladd is willing to wait for the plats and asked how much time is needed.
With no objection from Councilmember Fenske inquired of Mr. Imhoff as to how long it would take to get the final plats recorded. He advised that it would take whatever time he testified to prior adding that after Borough approval it would take 2-3 weeks for the final to be recorded.
FENSKE/LADD - MOVE TO POSTPONE TO FIRST MEETING IN JUNE
There was no discussion.
VOTE: YES: UNANIMOUS CONSENT. NON-OBJECTION.
Motion carried.
B. Resolution 03-55(S), Of the City Council of the City of Homer Finding the Need to Create the Kachemak Drive Phase I Sewer Improvement/Assessment District and Setting the Date for Public Hearing as April 28, 2003. Public Works. City Clerk. Fiscal Note: HAWSP and Property Owners 75% each. Estimated project cost is $488,800.00. Postponed on March 24, 2003 to April 14, 2003. Main motion for adoption is on the floor.
Memorandum 03-59, from Public Works as backup.
An amendment will be required to change the current assessment methodology from square footage, fourth whereas clause.
(Motion on the floor) FENSKE/YOURKOWSKI - MOVED TO ADOPT RESOLUTION 03-55(S) BY READING OF TITLE.
KRANICH/LADD- MOVE TO AMEND IN THE SECOND WHEREAS DELETE THE PHRASE 'WITH THE EXCLUSION DOT'S PROPERTY'.
Councilmember Kranich advised that it has been brought up that certain DOT properties, especially leased properties, are subject to assessments and taxes so the City would want to include them.
City Manager Wrede stated that there are changes needed to this resolution. Further, the percentage of property value in the second whereas will be reduced if DOT property is included. He cited 56.6% but was not sure if that treats the property as one or a group. He thought this resolution needs work and did not think there was any hurry.
VOTE:(motion to amend) YES: UNANIMOUS CONSENT. NON-OBJECTION.
Motion carried.
KRANICH/FENSKE -MOVE TO POSTPONE ACTION UNTIL NEXT MEETING.
City Manager Wrede advised that there is interest in moving forward with this one.
Councilmember Ladd felt if Council is going to look at the modified version the specific conditions will have to be stated in the resolution.
City Manager Wrede asked if Council wanted administration to take a stab at the criteria or standards for how the lines are drawn.
Mayor Cushing responded that this seems reasonable and is what councilmembers indicated they wanted during the Committee of the Whole.
Councilmember Fenske would like to see the modified method worked out on this district because of the uniqueness of the property having so many variables. This would be a good tool.
Councilmember Ladd was still hung up on the modified side of those eight properties where this methodology makes the assessments so high. The other issue is there is another LID going through an area which is zoned rural residential and general commercial and he's concerned about areas which have usable land in the general commercial side hookup and the amount of sewage used versus that used from a family home. When he asked if that could be factored in, City Manager Wrede advised that City's generally don't factor that in during the construction stage. Customers end up paying for it through user fees.
Mayor Cushing reiterated that the City Manager and the Public Works Director will draw up criteria if they're going to do a modified square foot basis. City Manager Wrede asked if the Council would like that to happen before coming back with a resolution. There was no answer from Council.
There was a friendly amendment to change the motion to read "the first meeting in May".
Motion now reads: MOVE TO POSTPONE ACTION UNTIL THE FIRST MEETING IN MAY.
VOTE: YES: UNANIMOUS CONSENT. NON-OBJECTION.
Motion carried.
Mayor called for a recess at 10:52 p.m. and reconvened at 11:02 p.m.
C. Resolution 03-59, Of the City Council of Homer, Alaska Setting the ___________ Assessment Methodology for the Ocean Drive Loop Water and Sewer Local Improvement District. Requested by Mayor and Council.
Memorandum 03-59, from Public Works as backup.
An amendment will be required to insert the methodology chosen by the Council, this is being done prior to the petition being submitted to property owners.
LADD/KRANICH - MOVE FOR THE ADOPTION OF RESOLUTION 03-59 BY READING OF TITLE.
Mayor Cushing advised that he owns parcels in this subdivision and this has not been found to be a conflict of interest in the past; that on the advice of the attorney council members have been allowed to stay for discussion of LIDs. Mayor Cushing advised that he is against it. This LID has been up and failed twice in recent years. He spoke with the Public Works Director who advised that between he and the City Clerk there is an incredible amount of paperwork to be done at the request of one person. He felt that one person asking for an LID that's failed twice in the past few years should fail. He thought there should be developed minimum thresholds on what is required to initiate the process.
Public Works Director Meyer advised that there has been a lot of work lately and now even more work because of the assessment methodology. The City has requests for water and sewer LIDs that have been asked for by one person that would make this LID look like a small effort. There's a lot of time and effort in trying to identify the cost and areas benefitted and a limited number of dollars available. He did not say he would not do the work, but more and more the City is seeing huge potential LIDs created based on a note to the Public Works Director or the City Clerk that are a lot of work and takes away from other duties in serving the community.
Councilmember Fenske would like to have the administration do a memorandum that would give an idea of time and cost for beginning the LID process adding that if the City needs to change the policy from one individual request, we may streamline the process and make it less cumbersome for the staff. He'd like to have thoughts from Council requesting a minimum show of effort such as 10% of property owners versus one individual.
Mayor Cushing asked Council if he should be excluded from the discussion and wanted to give them an opportunity to overrule him.
Councilmember Kranich found no conflict of interest. Councilmember Ladd agreed. Councilmember Beck dittoed.
Mayor Cushing advised that this LID has failed in the past because most own more than one lot and have made something work or they've installed holding tanks.
Councilmember Ladd expressed concern that one or two residents can bring this to the City and create a mountain of work. This LID's been voted down several times already and he didn't understand why this is happening again without something to guarantee it.
Councilmember Kranich reviewed that Council has just directed staff to come up with criteria using the modified square footage assessment method for Council to jump in and set an assessment methodology. The way it is right now it seems like Council is putting the cart before the horse. There is still a lack of information.
Councilmember Fenske stated that he will be voting against this LID at this time. He'd like to see administration raise the standards for initiation and bring that back for consideration..
VOTE: YES:
NO: LADD, KRANICH, BECK, FENSKE
Motion failed.
Mayor Cushing offered as a safeguard that he will talk to the City Attorney and if he thinks this might be a conflict of interest, he will immediately give this back, hopefully to a full council, for discussion and a re-vote.
D. Resolution 03-60, Of the City Council of Homer, Alaska Urging the Legislature to Fund the Revenue Sharing and Safe Communities Program at the FY 2003 Level. Fenske. City Manager. Finance.
Memorandum 03-51, from Councilmember Stark Re: State Budget Cutbacks.
FENSKE/LADD - MOVE FOR THE ADOPTION OF RESOLUTION 03-60 BY READING OF TITLE.
Councilmember Fenske stated that with permission of Council he would like to combine a finance report from the AML committee with this resolution. There was a meeting specifically dealing with finances - the governor's budget. First, they discussed the gas tax. The proposal is a 12 cent increase in the gas tax that will raise it from 8 cents to 20 cents a gallon. At present none of the revenues from the gas tax come back to the municipalities. This has been an issue in the past because on average 31% of State roads are within the municipalities and are the responsibility of the municipalities to maintain. AML is proposing that of the 12 cent increase, half of that be shared with the municipalities if they are doing away with revenue sharing. If the gas tax is not shared, AML discussed that the revenue sharing should stay in place. The 12 cent increase, if divided at 30% to the municipalities, would create about $41 Million to be distributed for shared revenues. Another issue was House Bill 216, which is a limit on the ability to tax fuel. This doesn't mean much to Homer, but it would to someone like Anchorage.
In addressing Resolution 03-60 Councilmember Fenske advised that a representative from Juneau that one community had voted against it. This was referring to Resolution 03-41 that failed. He didn't want to send the message to Juneau that Homer doesn't need the revenue sharing which amounts to approximately $44,000.00. The members of the legislature are not getting feed back and would like to see the members who come to Juneau for lobbying have something put together on how all the cuts will affect the municipality. As a community, Mr. Fenske feels government must protect the infrastructure and meet the basic needs of the community. Therefore, Mr. Fenske would like support on this resolution to fund revenue sharing. He felt that the City is pointing out the obvious that when one makes mandates at the State level and then passes the cost of funding to the local level, they might not be raising taxes but it puts the municipality in an uncomfortable position.
Councilmember Ladd advised that he will vote favorably on this resolution. The concern he had with the prior resolution is that the City shouldn't be continually asking if they're not also giving a positive idea as far as how to generate the dollar. This one offers suggestions and that's the positive.
Councilmember Kranich agrees with Mr. Fenske, adding that when the State builds a road that has a ten year life and the municipality takes over maintenance forever, that's an unfunded mandate. He believes the State will never touch it again. Mr. Kranich noted that some of the revenue sharing funds comes from federal sources and felt that some of the federal programs have an indication that some of the funds should be shared with municipalities to carry on programs at the local level.
BR2">VOTE: YES: UNANIMOUS CONSENT. NON-OBJECTION.
Motion carried.
E. Resolution 03-61, Of the City Council of Homer, Alaska Requesting a Joint Worksession Involving the Mayors and Councils of the City of Homer and Kachemak City. Ladd. Mayor.
LADD/BECK - MOVE FOR THE ADOPTION OF RESOLUTION 03-61 BY READING OF TITLE.
There was brief discussion. Councilmembers Ladd and Fenske spoke in favor of this resolution.
VOTE: YES: UNANIMOUS CONSENT. NON-OBJECTION.
Motion carried.
F. (Consent Agenda Item E)(Substitute approved under Agenda Approval) Resolution 03-57(S), Of the City Council of Homer, Alaska Awarding the Bid for the Homer Small Boat Harbor High Mast Lights to the Firm of Puffin Electric of Homer, Alaska in the Amount of $166,617.00 and Authorizing the City Manager to Execute the Appropriate Documents. PWD. City Clerk. Recommend adoption. Substitute by meeting time.
Memorandum 03-49, from Public Works as backup
FENSKE/LADD MOVE FOR THE ADOPTION OF RESOLUTION 03-57(S).
City Manager Wrede reviewed the memorandum explaining that there is a lack of funding to even put up the pole that fell down. There is a shortfall of $30,000 to do just that. There are two recommendations from public works - Recommendation 1 is Council provides an additional $30,000 from port reserve for construction of the replacement structure and allow administration to negotiate with the low bidder; or, Recommendation 2 is to simply reject the bid completely and wait until the City has the money to do the project.
Further discussion of finances was discussed. Mr. Wrede advised that $90,000 was allocated to repair the light and some of that has been spent -$54,000 in purchasing and engineering and installing temporary lighting and transportation to get them here. The balance is $30,000.
There was discussion on having shorter light poles and the immediacy of getting the lighting fixed. Finance Director Baugh explained that short light poles causes blinding of the vessel operators as they navigate the harbor.
There was further discussion on what to do with the lights already purchased - whether to store them, send them back, only do the repair, etc.
FENSKE/KRANICH - MOVE TO AMEND TO APPROPRIATE THE FUNDS TO RESURRECT THE LIGHT AT RAMP TWO THAT FELL AND TO PUT THE OTHER LIGHT IN STORAGE UNTIL WE HAVE BUDGET SESSION TO FUND IT.
There was no further discussion.
VOTE: YES: UNANIMOUS CONSENT. NON-OBJECTION.
Motion carried.
Mayor Cushing clarified that the resolution will now only address the contract at ramp two as amended.
VOTE: (primary motion) YES: UNANIMOUS CONSENT. NON-OBJECTION.
Motion carried.
COMMENTS OF THE AUDIENCE
There were none.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans was not present.
COMMENTS OF THE CITY CLERK
Deputy City Clerk Benson did not have comments.
COMMENTS OF THE CITY MANAGER
City Manager Wrede did not have comments.
COMMENTS OF THE MAYOR
Mayor Cushing did not have comments.
COMMENTS OF THE CITY COUNCIL
Councilmembers did not have comments.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 11:52 p.m. The next regular meeting is scheduled for Monday, April 28, 2003, at 7:30 p.m. Committee of the Whole is at 4 p.m. and a Worksession is at 3 p.m.
____________________________________
DEENA BENSON, DEPUTY CITY CLERK
Approved: ___________________________
1. There was a public outcry over tree cutters falling trees and threatening to clear-cut CIRI land.