Session 00-09, 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
CITY ATTORNEY TANS
FINANCE DIRECTOR BAUGH
POLICE SGT. GERAGOTELIS
PORT DIR./HARBORMASTER 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 Council with the following additions: To the Consent Agenda Memorandum 00-27, Travel Authorization. Backup materials: To Memorandum 00-15, Pending Business and to Memorandum 00-24.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Steve Schulz commented on he and his wife's, Sharon Freeson, application for extra territorial sewer service at the top of Spencer Drive and Paradise Place and that they currently reside at 13 mile East Road. He noted that his wife teaches at Paul Banks and they wish to relocate to Paradise Place, which is closer to town. He reported his conversation with City Inspector, Dan Gardner, who had informed him of the permit process. He provided a topographic map from Kenton Bloom, surveyor, and a site plan for the lot. He noted that the Whites lived across the street and to the north of his property and they were granted a hook up in 1994. He voiced his hope that the Council would grant this request this meeting so that they could proceed with their plans.
Roger Imhoff distributed some materials regarding the vacation, Memorandum 00-24, and advised that he is present on behalf of Dr. Hediger. He reported that the original plat created the right of way reserve, which is the item of concern in this vacation request and is not defined as to what "reserve" means. He advised that Councilmember Kranich had asked for a copy of the Deed of Partial Reconveyance of Easement Rights, which he had obtained and offered a copy for Council perusal. He submitted a typed synopsis of his conversation, last week, with DOT wherein they discussed partial vacation and the state projects anticipated for Ohlson and Bunnell this summer. Mr. Imhoff relayed that Jim Sharp, DOT Engineer Supervisor of the Right-of-Way Division, was comfortable with the situation and had decided that no further objection was necessary. Mike Spangler, DOT Asst. Engineer of the Right-of-Way Division, advised that only strip paving was planned for this year and definitely no curb, gutter or sidewalks. Mr. Imhoff pointed out the staff reports, information from the Borough Planning Commission packet in Council's packet and particularly page 27 where the findings are listed. He commented on the bluff erosion situation. He provided an enlarged map of the area and photo of the intersection. He pointed out that the DOT did not feel that this vacation would affect any rights the state has to use the right-of-way reserve. He referred to the City's Design Criteria Manual wherein it states that storm drains go down the middle of the right-of-way and is most desired on the 3 feet north westerly of the centerline and was actually placed on the north side of the dedicated right-of-way on Ohlson Lane. If the action tonight is unfavorable to the house already constructed 10 feet in the right-of-way reserve, Mr. Imhoff hoped, at a future meeting, to petition for a building set back waiver so Dr. Hediger's house is not an encroachment.
Merlin Cordes commented on the vacation, Memorandum 00-24, pointing out that DOT does not support this vacation. He noted that if this was vacated, given up, and then needed the governmental agencies would pay dearly for it. He recommended that this vacation not be approved until the Bunnell/Ohlson project is completed. Mr. Cordes expressed his major concern as that of drainage and run-off and relayed the history of drainage and run-off on Bunnell. At one time he had to bale 10,000 gallons of water from the Driftwood basement/crawl space and has spent personal hours with a pick and shovel to keep the drainage away from the motel. He voiced concern about the drainage if the blacktop, which raises the roadway 13", is done without curb and gutter. As development increases the drainage problem increases. He voiced an objection to just blacktop going down and waiting ten or fifteen years and tearing it back up to redo. Mr. Cordes pointed out that the vacation would reduce the intersection, which needs to be reasonably large and open for the RVs that travel down that roadway. He voiced his belief that it is not prudent of government services to give up land, at this time, that needs to be set aside for roads. The whole area between Bunnell and the Bypass has no real clear cut drainage plan and the water pools in that area. The Baywatch owners fought drainage problems for a long time. He concluded that there is no urgency that this be done this year, this could be reviewed and vacated in a few years, and it seems prudent to wait with the current road project plans.
Pete Roberts inquired if all the property owners were notified regarding this vacation.
Mayor Cushing advised that the answer would be provided during deliberations.
Dennis Leach advised that he has done work for Dr. Hediger in varying conditions and there is no assurance that he will be doing any more. He commented the amazement of finding out, last fall, that a right-of-way reserve existed and that no one had a clue about what this is, does, allows, or means. He pointed out that the Homer Planning Commission approved this vacation, the State did not object at that point and it has gone through at the Borough level. He relayed information regarding the lay of the land, the bluff erosion problems and sewer elevations. He objected to vetoing this because the State may eventually do something in that area. Mr. Leach emphasized that it seems that the whole thing is caught up in a nobody knows anything so nobody wants to do anything or take a stand. This is not a right-of-way, it is a right-of-way reserve and does not seem defensible, it is unused, untested, unproven, there has been no compensation given to any property owners, and nobody knows if it is defensible. He referred to the information in the packet from the Borough legal department as another example that nobody knows and no legal opinions have been found. Mixed messages are being sent; don't build too close to the eroding bluff and don't build too close to the road, because someone may want to put a road down there someday. He stated that he just does not see a $300 a foot project going in there to fall into the bay. Two lots east are within this same 30 foot right of way reserve and are designated as the old heritage land site. Mr. Leach stated that he cannot speak for Dr. Hediger, but if it were him this veto would have to be challenged.
Roger Imhoff commented on Memorandum 00-15, the extra territorial sewer request for Steve and Sharon Schulz. He stated that he has done quite a bit of surveying in that area and did not see this as a political issue, rather a health issue. He suggested that if the City has the pipe handy and will not lose any money it should allow these extensions. He noted that a person can still walk around some of those neighborhoods and smell strong raw sewage.
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 April 10, 2000. Recommend approval.
B. Memorandum 00-24, from City Clerk, Re: Vacation of right of way Lot 13 Berry Addition adjacent to Ohlson. Recommend voice objection and veto.
Memorandum from Public Works as backup. (Placed under New Business as Item A.)
C. Memorandum 00-25, from Mayor, Re: Appointment of Bill Smith as alternate to the Water and Sewer Standards Committee. Recommend confirmation.
D. Memorandum 00-26, from Mayor, Re: Road Standards Committee members. Recommend confirmation.
E. Resolution 00-43, Of the City Council of the City of Homer, Alaska, Correcting an Error in the Fee Schedule for Sewer System Rates. Public Works. Finance. City Clerk Recommend adoption.
F. Resolution 00-44, Of the City Council of Homer, Alaska authorizing the City Manager to Purchase Calcium Chloride for Dust Control as described in Purchase Order s 50723 and 50724 from Van Waters and Rogers, Inc. in the amount of $24,795.52. Line items 101.5204.172, $8,000; 101.5209.175, $1,500; 400.5209.601, $1,200 and 100.5209.174, $13,800.00 and $500 from Kachemak City. Public Works. City Clerk. Recommend adoption.
Memorandum from Public Works as backup.
G. Resolution 00-45, Of the City Council of Homer, Alaska Urging the Governor and Legislature to Establish a Municipal Dividend. City Manager. City Clerk. Recommend adoption.
H Resolution 00-46, Of the City Council of Homer, Alaska Authorizing the City Manager to Purchase Polymer for the Waste Water Treatment Plant as described in Purchase Order 50731, from Van Waters and Rogers, Inc. in the amount of $7,095. Account 300.1310, $7,095. City Manager. Public Works. City Clerk. Recommend Adoption.
Memorandum from Public Works as backup.
I. Added under Agenda Approval. Memorandum 00-27, from Mayor, Re: Travel Authorization for the Mayor's lobbying trip to D.C. Recommend approval.
MARQUARDT/WELLES/FENSKE - MOVED FOR THE APPROVAL OF THE RECOMMENDATIONS OF THE CONSENT AGENDA.
WELLES/MARQUARDT - REQUESTED REMOVAL OF ITEM B. MEMORANDUM 00-24 TO ITEM A. UNDER NEW BUSINESS.
VOTE:(Items. A. and C. - I.) YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, KRANICH, CUE.
Motion carried.
VISITORS
A. Suzanne Little, Boys and Girls Club.
Erica Johnson, Club House Director of the new Homer Boys and Girls Club located at 360 Pioneer Avenue, gave a brief update on the club that has been open for five months. She distributed an information paper. There are 232 Homer area youth members from ages 6 to 18, with an average of 1 to 2 new memberships weekly and an average of 50 members daily using the facility. There are 485 volunteer hours from the community to date. 500 hours of after school activities are offered. An athletic program has been established. There are daily programs in character/leadership development, education/career development, health/life skills, arts, sports/fitness/recreation: academic tutoring, baking, knitting, sewing, art, gym, woodworking, team building, ice skating, judo, science, drama, club council, conflict resolution and gardening. The list goes on and on and there is more planned for the future.
Ginger Scoggins, parent and Board President, lauded the work of the Boys and Girls Club. He noted that when she goes to pick her daughter up there are 50 to 75 children at the club. She wondered where those children were before the Club opened its doors. She invited everyone to the Board Meetings and to come by and visit the Club. Ms. Scoggins commented that soon the Club would be leasing from the City.
Tracie Brown, parent, spoke on behalf of the Club. In a very short period of time the Boys and Girls Club has become an integral part of the community. In addition to being a quality place for the children at any price it is a tremendous bargain for after school care. For this reason there are many children spending quality time at the Club instead of on their own, unsupervised after school. This provides a lot of parents peace of mind, because their children are safe, supervised and are encouraged in a variety of programs; homework help, arts and crafts, sports in the gym. She stated that the gym is great any time of year, but especially in the long winters. The children are made to feel welcomed and invited. She, as Ms. Scoggins, does not know what the children did before the Club opened.
Preston Logan, age 12 and a member of the Boys and Girls Club, said that he likes it there, it is a fun place to go after school while parents are at work. He advised that he is athletic and likes sports.
Corey Sutherland, age 9, said that the Boys and Girls Club is a good place for kids to go after school. It keeps kids from getting into trouble and getting into drugs. It gives kids a place to go where that stuff does not happen.
Jeremiah Cousins, age 12, told the Council that the Club is a nice place to be and provides an opportunity for children to help themselves out if they are turning the wrong direction. Kids can go there and help themselves, because there is staff that wants to help. He stated that there are just so many opportunities to change oneself.
Erica Johnson invited the Mayor and Council to come over and visit. She said that it has been a lot of fun and not just all the great things going on there, but there is an economic impact with the parents being allowed to seek jobs.
ANNOUNCEMENTS/ PRESENTATIONS/ BOROUGH REPORT/ COMMISSION REPORTS
A. Mayor's Proclamation (Municipal Clerk's Week - April 30 - May 6, 2000.
B. Yourkowski Travel Report
PUBLIC HEARING(S)
ORDINANCE(S)
CITY MANAGER' S REPORT
A. City Manager's Report. (Crane and Ice time and Treasurer's Report.)
COMMITTEE REPORT
PENDING BUSINESS
A. Memorandum 00-15, from City Manager, Re: Extraterritorial Sewer Service Application for Steven and Sharon Schulz on Birchgate Court.
Memorandum as backup from City Inspector.
Additional backup information added under Agenda Approval from Finance Director and Public Works Director.
Postponed on 4/10/00, Main motion is on the floor. MARQUARDT/CUE - MOVED TO APPROVE STEVEN AND SHARON SCHULZ EXTRA TERRITORIAL SEWER SYSTEM APPLICATION.
Council discussed health and safety issues and concerns. Connection fees, previous charges and fairness was mentioned. It was noted that Kachemak City residents paid $5,538 for sewer assessments and connection fees are $200. Council generally commented on setting some conditions. It was noted that there are forty lots in that particular area that may want to connect in the future. There was discussion that there should be some assessment for this hookup.
Mayor Cushing called for a recess at 8:48 p.m., reconvening the meeting at 9:12 p.m.
Public Works Director Meyer advised the Council that all of Kachemak City is gravity feed and empties into a pump station. He noted the location of the pump station and lines. In response to the Council he estimated that running a 4" main line would cost $60 to $70 per linear foot depending on the materials and backfill, including pipe and trenching.
Council stated that these types of requests just point out the need, more and more, for annexation.
YOURKOWSKI/CUE - MOVED TO AMEND MEMORANDUM 00-15TO REQUEST THE CITY MANAGER IS TO DRAW UP A CONTRACT FOR COUNCIL APPROVAL WITH STEVEN SCHULZ AND SHARON FREESON, ALLOWING THEM TO HOOK INTO THE ADJACENT CITY'S SEWER SYSTEM, THIS CONTRACT SHOULD INCLUDE AN APPROPRIATE ASSESSMENT FEE COMPARABLE TO THAT PAID BY KACHEMAK CITY RESIDENTS, AN AGREEMENT TO PARTICIPATE IN ANY UPGRADES WITH CREDITS FOR ANY ASSESSMENT FEES PAID AND AN AGREEMENT TO ANNEXATION.
Mayor Cushing pointed out that Homer is the owner of the Kachemak City Sewer System. He clarified that the credit verbiage was not extended to Kachemak City.
Accounting of the connection fees was discussed. The Finance Director advised that this money would go into the sewer connection fund. That will be addressed when this comes back to the Council for approval.
Mayor Cushing suggested that the administration take some time to come up an accounting line item and with a policy.
WELLES/FENSKE - MOVED TO AMEND TO STRIKE "WITH CREDITS FOR ANY ASSESSMENTS PAID".
There was brief discussion on the pros and cons of credit and potential for reimbursement. Council expressed concerns regarding tracking.
Mayor Cushing stated that if this is approved the administration would go ahead with the caveats and is being instructed to come up with the policies on all these issues.
Council commented that this should be a priority of discussion at the Water and Sewer Standards Committee meetings beginning next month.
Public Works Director Meyer responded to inquiry by stating that assessments have been just for the cost of extending services to a property.
Mayor Cushing stated that a policy is needed for a more level playing field for properties that have been paying for the infra structure and those that have not been. There needs to be a real fast turn around on this, this is one of the types of policies that needs to come back to the Council with the agreements. He asked for the information on what the rest of the Country is doing regarding these types of services.
There was a consensus of the Council that when this comes back to the Council that there be a policy developed with a fee geared toward the national norm for where these fees go and a specific line item.
Discussion ensued regarding fee amounts, and methodology with no consensus.
VOTE: (secondary amendment) YES: CUE, FENSKE, WELLES.
NO: YOURKOWSKI, MARQUARDT, KRANICH.
MAYOR: TIE VOTE: YES:
Motion carried.
VOTE:(primary amended amendment) YES: MARQUARDT, KRANICH, CUE, FENSKE, WELLES, YOURKOWSKI.
Motion carried.
VOTE:(main amended) YES: KRANICH, CUE, FENSKE, WELLES, YOURKOWSKI, MARQUARDT.
Motion carried.
B. Memorandum 00-21, from City Manager, Re: RFP for Sale of Dredge Spoils.
Memorandum as backup from Port Director/Harbormaster.
Recommendation: That this RFP be approved and the sealed bid sale of dredge spoils proceed as planned.
Postponed on 4/10/00, Main motion is on the floor, this item removed from the Consent Agenda for separate discussion and action
City Manager Drathman advised that the new Memorandum on page 118 notes a minimum bid of $10 per cubic yard and a new RFP is attached.
WELLES/FENSKE - MOVED TO AMEND TO USE THE REVISED RFP ON PAGE 119.
It was noted that this material cannot leave the Spit.
VOTE:(amendment) YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, KRANICH, CUE.
Motion carried.
VOTE:(main amended) YES: WELLES, YOURKOWSKI, MARQUARDT, KRANICH, CUE, FENSKE.
Motion carried.
NEW BUSINESS
A. Consent Agenda Item. B. Memorandum 00-24, from City Clerk, Re: Vacation of right of way Lot 13 Berry Addition adjacent to Ohlson. Recommend voice objection and veto.
Memorandum from Public Works as backup.
MARQUARDT/CUE - MOVED FOR APPROVAL OF THE RECOMMENDATIONS OF MEMORANDUM 00-24.
Council noted that DOT is on record in objection to this vacation for the reason of impact due to lost right-of-way. There is no reason to believe that the Bunnell/Ohlson project will not take place. The City has an agreement with the State maintenance. This right-of-way reserves falls within the travel way of Bunnell and Ohlson Lane. There are no benefits to doing away with this right-of-way at this time and could have an impact to the project.
Dr. Hediger, in response to Council inquiry regarding hardship to him, stated that he did not really know, but thought it might impact the longer term financing.
Council noted that on page 45, the Kenai Peninsula Borough Coastal Manager Program staff noted that the vacation could limit future right-of-way improvements and does not appear to be in the long term public interest.
Mayor Cushing suggested the possibility of vacating only 10 feet, which would put the building outside of the remaining 20 feet and leave a potential of 50 feet. To do this the Council would have to veto this current vacation. The process would have to start again for the 10 foot vacation.
City Manager Drathman advised that the staff recommendation is driven by DOT's objection. Maintenance of Ohlson Lane and Bunnell over to Main Street will cost the City $640 per year. It is reasonable to get the storm sewers and sidewalk installed. DOT does not know how much room will be required to do the storm sewers. According to Rex Young, DOT will probably install a french drain along Ohlson and storm sewers along Bunnell. The drainage/run off will be aggravated by the parking lot that the Chamber is going to put in. Right-of-way acquisition is one of the things that has held up projects in Homer year by year by year, this right-of-way reserve is needed for planning purposes.
VOTE: YES: CUE, FENSKE, WELLES, YOURKOWSKI, MARQUARDT, KRANICH.
Motion carried.
There was a formal consensus of the Council to discuss the possibility of a 10 foot vacation.
The conclusion of the Council is that they are open to consideration of a 10 foot vacation, with the note that there are a lot of 50 foot right-of-ways in Homer.
RESOLUTIONS
COMMENTS OF THE AUDIENCE
Merlin Cordes stated that it is not known what will happen in ten years from now, what if Homer gets the idea of constructing a coastal trail down Ohlson Lane to tie into the Beluga Slough Trail. The right-of-way reserve set up forty years or thirty years ago may have just been different terminology and may have meant right-of-way.
Mary Griswold noted her support of two weeks ago regarding the borough fire service area. She reported that the necessary signatures have been collected and the Borough Clerk will soon certify this petition for a vote of the people in October. However, before this can be voted on by the citizens the Borough Assembly has to approve putting this service area up for a vote. It is doubtful they will do this if it will frustrate the City of Homer's annexation petition. Timing is critical and the Assembly will probably consider this in June or July. She asked the Council to withdraw the annexation petition now and do it next year. She advised the Council that they have pulled her head out of the sand and that they have her attention. She promised to participate in discussions to find equitable solutions to the service crunch. She noted the Council's formation of the Strategic Planning Group for the fire department to make recommendations. The members of that group were Susan Kernes, Kurt Marquardt, Robert Purcell, Drew Scalzi, Stephen Tricamo, Phil Morris, Patti Whalin and Pat Johnson. This group issued a report in June of 1998 recommending creation of a donut service area encompassing Diamond Ridge, Fritz Creek and Kachemak Bay - this side, voter precincts as a better alternative than annexation or a unified service area to meet the growing demands for service on the limited financial resources available. Unfortunately this recommendation did not result in action, because not enough public interest was generated to move it forward. She noted that Drew Scalzi did try. Ms. Griswold advised that she had never heard about it until last week. People were complacent, life seemed good and she said that she would rather go fishing. She emphasized that people now understand that something must be done. She stated that she is ready to help. She asked the Council to give people a second chance and withdraw the petition now so that the fire service area will get a fair hearing at the Borough Assembly. She encouraged the Council to set up a forum as suggested last week and if the public lets the Council down by not coming to the table, then resubmit the annexation plan next year.
Michael Kennedy commented that the group, the Objective Annexation Review, brought Dan Bockhorst to Homer to hold a town meeting regarding his role in the annexation issue. Mr. Bockhorst came to the Council's worksession that evening regarding forums for annexation. He voiced disappointment that nothing formal has come out on the agenda about the forums. Since the City of Homer initiated this petition everything has a time line. Written responses are due to Anchorage by June 5th, which leaves 40 days. This is a "really too" short of time for this forum idea that came up after the petition, a kind of an after thought. Given only 40 days there are way too many issues for the public to talk about. The way government works this is not going to happen in 20 days and be able to get the written comments in on time. If this thing continues on this fast track of this legislative review there won't be any appropriate time for public comment. He read a paragraph from a letter Pam Brody wrote dated April 11th to the Mayor and City Council:
"Along with other members of OAR I strongly urge you to slow down your process and withdraw the current annexation petition. Let folks concentrate this summer on earning a living. Then in the fall begin community discussion of the problems our town faces with various possible options for solving these problems. Then we as a community can work out a solution that does have the support of the majority of the City of Homer. I believe that we will all benefit from such an approach. "
Mr. Kennedy voiced agreement with Ms. Brody's comments given this time span and that it is an appropriate response. As a citizen, he stated that he sat in the Council Chambers with wonderment that the Council could tell a man that he had to agree with something or voice support of annexation. Mr. Kennedy stated that regardless of what kind of monetary contract the City makes with someone, the City cannot take away a person's first amendment right to voice their opinion or their right to freedom of speech, nor is this moral or legal, nor can a person be told or legislated how to vote .
Charles Davis asked what happened to the meeting packet. (1) He voiced agreement with what Michael Kennedy had said. He stated that it is an outright lie that during the nine month annexation process the state is supposed to review the petition. Mr. Davis relayed the history of a television show that he and Sallie Dodd did five years ago on this very subject with Harry Gregoire and Ron Drathman. There are financing needs that are caused by various things one of which is gross inefficiency of the government. As long as there is plenty of money from the state, efficiency is not deemed necessary. The City of Homer drives brand new vehicles while the tax payers are driving old vehicles. He stated that the public is taxed to pay for the City's luxuries. He noted the comments that Councilmembers are volunteers and get only $50 a month and that people should not complain about the job they do. He pointed out that the Mayor and Council volunteered for this job and the citizens of Homer did not come to any of them and ask them to be the leaders.
The Mayor asked Mr. Davis to keep Council names out of this discussion and that Mr. Davis did not know what citizens had said to individual Councilmembers.
Mr. Davis stated that his first amendment rights are being interfered with and this is the public participation portion of the agenda. He voiced objection to being interrupted during his public comments.
Mayor Cushing called for a recess at 10:43 p.m., reconvening the meeting at 10:53 p.m.
Mike LeMay reported that the group, Concerned Citizens About Annexation, had conducted a survey of identifiable store front businesses within the Homer City limits, which numbered 49. 11 or 22.5% are labeled absentee owners, for lack of a better term, such as NAPA, Tesoro, B & C, SBS. 3 business or less than 7% identified themselves as pro annexation, Land's End could not be contacted, but the manager has expressed pro annexation comments. 35 businesses or 71% have identified themselves as against annexation. There is an overwhelming majority of the 71% accepting either the buttons, brochures and/or signs from the group. This survey began April 13th and was completed late today. He stated that the group would be happy to discuss the results with the Mayor and Council formally, if they choose to, and with the press at their own choosing. He read a letter into the record:
"On behalf of Concerned Citizens About Annexation we are very proud to have earned first place in Saturday's Homer Clean up Day sponsored by the Chamber of Commerce. We targeted a section to highlight the fact that we are not "foreign elements" who live outside the City limits. We are your friends and neighbors and we take equal pride in joining with the City residents in cleaning up our community. We wish that the Mayor and the Homer City Council had initiated a dialog with us prior to filing this petition for annexation. The Local Boundary Commission's own protocol strongly encourages this. Fortunately it is not too late to withdraw this petition. Many thanks to Laura Barton for suggesting our team effort and to our 23 volunteers lead by Jane Baier, Kent Redman, and Mary Olson. We join in Brother Asaiah's spirit of love, kindness and compassion in donating our $150.00 first prize money to the Homer Foundation. It's a groovy kind of thing." Sincerely Concerned Citizens About Annexation.
Laura Barton thanked the Mayor, City Manager and Councilmembers. She stated that she would be remiss if she did not suggest one more time that people are ready for them to withdraw the petition. She commented about the septic systems and that the way the Council was talking it sounded like everyone's septic systems in this area are going to fail some time or another. She noted that she was not born with a silver spoon in her mouth, but was sort of almost born with her own potato hook, garden hoe, pitch fork and shovel. She relayed that during the summer of 1962, as a young adult, she had the privilege of helping her dad dig a big hole by hand and pour a cement septic tank, following instructions from a USDA bulletin. She emphasized that this septic tank has yet to fail and is doing fine and has been in constant use since 1962. Ms. Barton noted that in her present location the septic tank has been in since 1979 and also has given no trouble to this point. She stated that if there are any septic tanks that have failed on Diamond Ridge these would not drain into the City of Homer, these will drain into Diamond Ridge or Anchor River. She commented that she has not heard of any failures in Diamond Ridge, but like the Council she stated that she does not know everything.
Mayor Cushing called for a recess at 10:43 p.m. reconvening at 10:53 p.m.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans was present for the Special Meeting and a portion of this meeting.
COMMENTS OF THE CITY CLERK
City Clerk Calhoun had no comment.
COMMENTS OF THE CITY MANAGER
City Manager Drathman had no comment.
COMMENTS OF THE MAYOR
Mayor Cushing commented that the agreement for annexation, similar to a covenant, relating to the extraterritorial sewer extension goes with the land, is recorded as being for that lot and is not on the person. Regarding the annexation forums, Mayor Cushing reported that he did not have an opportunity to speak with Councilmember Fenske by Council packet deadline. Council is welcomed to hold annexation forums, ask questions, and noted that the issues have been divvied up among the Council. He noted some of the time lines suggested after the June 5th deadline, before June 5th, etcetera. He encouraged the Council to get with the City Clerk regarding scheduling meetings and advertising. Mayor Cushing reiterated his questions regarding water and sewer issues outside the City of Homer boundaries that he is not getting any answers on what people want. Are those who are willing to say no to annexation also willing to not take the City's water and/or the City's sewer service. He applauded the work on the fires service area and the testimony that was done in a way that convinced the Council that this is one of the issues open to flush out. He asked for answers from those inside the City regarding continuation of services to outside the City. He applauded the Council's willingness to have these forums.
COMMENTS OF THE CITY COUNCIL
Councilmember Kranich thanked the Council for the level of deliberation that went into the two issues; extra territorial and the vacation of the right-of-way reserve. Both of these are weighty issues with the City residents as well as the community residents.
Councilmember Cue thanked those who participated in the presentation by the Boys and Girls Club, an excellent example of what this community is capable of. Regarding the extraterritorial sewer service she applauded Laura Barton's "intact" sewer system, pointing out that there are many "not intact" sewer systems that affect others with contamination. Ms. Cue advised that she has been contacting individuals to assist her regarding the information for forming a South Peninsula Borough and the corresponding issues that she will be bringing forward at one of these forums. She commented on the tough decisions regarding annexation that are not based solely on self interest, but based on the vision for this community.
Councilmember Yourkowski commended the Boys and Girls Club presenters, noted that the City helps finance this function and wondered how many people outside of the City take advantage of this program. He objected to "piece mealing" water and sewer projects. Regarding the Freedom of Speech issue he stated that these are two separate issues. He voiced his desire to work on and willingness to have a Planning and Zoning Annexation forum meeting. He suggested Tuesday, May 2nd at 7 p.m. and would depend on Planning Director Bechtol's availability.
Councilmember Marquardt emphasized how impressed he was by the presentation by the Boys and Girls Club staff members. Further, that he was especially touched by the testimony of the three young gentlemen, who gave very clear and well thought out examples of their experiences. He voiced a hope that his son would grow up and be able to express himself like those young gentlemen. He voiced displeasure about the anti annexation labels on the Homer Clean Up bags provided by the Homer Chamber of Commerce, adding that he was informed that this labeling was done at the Chamber Office. He stated that the Council has bent over backwards to accommodate the Chamber and objected to them allowing a political statement to occur during this clean up event. He expressed disappointment with the Chamber of Commerce's lack of input on the City business license issue.
Councilmember Fenske thanked the Council for the good meeting and that the thing he has been the most impressed with the last several meetings is the public attendance. It is great to have a meeting with the public here. He noted his tendency to bring forward a controversial issue just to maintain this energy of those who stay through the whole evening. He applauded the public for taking the time to come and be involved.
Councilmember Welles encouraged the Mayor to lobby Senator Stevens regarding the Denali Commission money for water and sewer funding. In response to the Mayor's inquiry regarding Pete Roberts concern about the vacation notice (Memo 00-24), he stated that there were twelve property owners not notified.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 11:28 p.m. The next regular meeting is scheduled for May 8, 2000 at 7:30 p.m in the Homer City Hall Council Chambers. A Water and Sewer Standards Committee Meeting is scheduled for May 1, 2000 at 7 p.m. in the Homer City Hall Council Chambers. Annexation Forum on Planning and Zoning with Councilmember Yourkowski on Tuesday, May 2nd at 7 p.m. in the Homer City Hall Council Chambers.
_____________________________________
MARY L. CALHOUN, CMC, CITY CLERK
1. Another member of the public had brought the Public's copy of the Council's packet with them to the public address table. The packet was sitting on the public address table to the left of the public address microphone while Mr. Davis was speaking.