Session 01-15, a Regular Meeting of the Homer City Council was called to order at 7:37 p.m. by Mayor Cushing at the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.
Council's Committee of the Whole met from 4:00 p.m. to 6:00 p.m. Agenda Item was the Regular Council Agenda and Survey Questions Development.
PRESENT: COUNCILMEMBERS: FENSKE, KRANICH, LADD, MARQUARDT.
STAFF: ACTING CITY MANAGER BAUGH
DEPUTY CITY CLERK BENSON
ACCOUNTING SUPERVISOR JEAN MACK
PUBLIC WORKS DIRECTOR CAREY MEYER
FIRE CHIEF ROBERT PAINTER
ABSENT: COUNCILMEMBER: YOURKOWSKI (excused)
CUE (excused)
AGENDA APPROVAL
(Addition of items to or removing items from the agenda will be by unanimous consent of the Council. HCC 1.24.040.)
APPROVED BY CONSENSUS.
Addition of the Steep Slope Task Force Meeting Synopsis and Draft Ordinance (Committee Report, Item A)
Addition of Memorandum 01-48 Appointment of Bill Smith to the Kenai Peninsula Borough Planning Commission as Homer's Representative (Consent Agenda Item K),
Addition of Memorandum to City Manager from Hal Spence, Re: Tourney Winners (City Manager's Report),
Substitution Memorandum 01-47(S) from Public Works Department, Re: Holding Tank Pumping within The City Limits, and;
Addition to Presentations, Item A, a Formal Presentation from Pratt Museum of Harriman Expedition Gift to the City of Homer.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Sean Kuhn, owner of Homer Honey Bear, addressed Memorandum 01-47(S). He was not aware that the City could go into business with private enterprise and even if they did they could not operate cheaper. Mr. Kuhn felt the numbers and costs in the memorandum were accurate, however, additional costs were not addressed. He's found that what some people call a holding tank in this area are not really holding tanks. He advised that since May 1st, the day he became the owner of Homer Honey Bear, there has been only one customer that he's pumped more than one time but they are calling their systems "holding tanks". He pointed out that as it shows in the memorandum, a normal household would be pumped at least a couple of times a month. He reiterated that there is no one in the area that has a "legal, legitimate holding tank", however, the people are wanting the holding tank prices. He pointed out that a holding tank is when everything from the household goes into a tank with no leach field and that what some are calling holding tanks is "pure sewage". Mr. Kuhn felt it would be almost impossible to track where the sewage comes from. He read a list of possible situations for accidents and liability issues on private property. A set price, he felt, was inaccurate since every situation is different and takes less or more time and equipment to complete the job. He advised that there is "no way" the City can provide two trips a month for $170. He was disheartened to know that the City wants to compete with private enterprise. Councilmember Marquardt asked how long he'd been in the business. Mr. Kuhn answered that he has been in the septic business for 4 years and has owned Homer Honey Bear since May 1st . He added that even though his business operates from out of town, he has a truck in Homer every day and is moving a driver here to provide local service. He has added to his truck fleet to better serve the Homer area. Mr. Kuhns pointed out that he got the contract to pump Kachemak City and was restricted to 10,000 gallons a day. He was concerned that the current system would not be able to handle the sludge. He would rather see a full hookup service provided by the City or sub-contracting it out rather than the City going into the pumping business. He thanked the council.
Mayor Cushing advised that a lot the issues currently brought up were addressed earlier in the Committee of the Whole, hence, the substitute memorandum adding the issues of policy which would cover this.
Moe Malcolm is a resident of Thompson Drive Local Improvement District. She advised she was confused as to the procedure from here now that she's proposed a boundary change to this district. She specifically asked the Mayor if the Council would have to vote on the new petition. The Mayor advised that at some point they will. The Mayor asked the Clerk if there was an idea of the time line. Deputy City Clerk Benson advised the process would take months and Ms. Malcolm would be advised of the next step. Mr. Malcolm asked for clarified that the Council will have to approve the new petition. The Mayor answered affirmatively. Councilmember Fenske further clarified that Ms. Malcolm would actually be forming a new LID saying the steps would be the petition coming from the Clerk's office to the petitioner, then to Public Works, then back to the petitioner, then to the City Council. Ms. Malcolm said she understood and thanked the council.
The Mayor advised the audience that there was a misunderstanding about when testimony would be taken on the ballot proposition and that now is the time to speak; do not wait for the public hearing item on the agenda.
Barbara Kahn said she was hoping the council will extend the 90 day period on Thompson Drive. She is purchasing property adjacent to Malcolm's and wants to be included in the Thompson Drive LID. She pointed out that there is obvious septic problems where the bike path is going and she is concerned about public health issues.
Justin Adams represented the Homer Skateboard Association and thanked the City Manager, Public Works and Parks and Recreation Commission adding that the association is willing to volunteer on the work to prepare the skate park. He thanked the Council again.
Six people stood up at the request of the Mayor to represent supporting Mr. Adam's statement.
Janet Bowen, Director for Homer Council on the Arts, addressed the issue for putting funding of non profits on the ballot in the fall. She named several events around the community such as the Nutcracker Ballet, Youth Art Classes, Youth Scholarships, Writer's Contests, Dance Performances, Pratt Museum, Kenai Peninsula Orchestra, Pier 1 Theater, South Peninsula Women's Services that would not exist without funding support. Judging by the support of the Council on the Arts projects by the people of Homer, she finds no doubt that Homer supports non-profits. Ms. Bowen advised that there are ramifications to putting this issue on the ballot. She wanted to bring to the attention of the Council an unintended consequence of considering this kind of vote. She felt putting the question on the ballot of even considering not funding non-profits by the City for their own non-profits would send a huge negative statement to other supporters such as BP, Rasmussen Foundation, Phillips and the general public. She hoped the Council does not vote the proposition in.
Charles Davis, City resident, said he would like to try to get council to think "out of the box" on the water crisis. He calls this a crisis because he's lived here for 23 years without water. He added that he's now to the point where he needs water and sewer utilities at 65 years old. He felt that under the process by which the LID's would be approved at this meeting it will assure that he will not have water/sewer in his lifetime. He remarked that the current LID process is not a fair way because lots of people do not live in subdivisons and the way the City is dividing the city monies for City services is not fair. He suggested that the City take this $2 Million that belongs to all of the community and borrow the rest and use City equipment and employees and start extending water/sewer lines in ALL of Homer in a fair way such as a lottery system. He felt that newcomers were getting the services and people who live here are not being treated fairly. He begged the council to "think out of the box and try to do something different". He cited that if the council adopts the resolutions tonight, it will eliminate him from his due process rights and any fair distribution of city services and doesn't solve the problem of city water and sewer. He called again for council to "think out of the box" on this issue. Mr. Davis added that he fully supports the skateboard park.
Michael Hawfield, Director of Pratt Museum, spoke to the proposed ordinance to put on the ballot the question of funding non profits. He thought that seeking the minds of the people is really important, however, he is not sure the ballot process is the way to go. The representation of the non profits is not a simple yes or no. He explained that Mr. Ladd suggested a professional survey for quality information about the various non profits that seek funding assistance from the city. He felt Council will need all the information it can get to make these decisions. He advised that a survey was conducted a decade ago regarding the Pratt Museum getting funding and the answer was a resounding yes, however, today the issue is much larger as it involves many agencies who are seeking and/or would like to seek funding from the City. He reiterated that although Mr. Fenske's proposal is of the highest importance, he believes that a professional, well-organized and professionally analyzed survey of the people would provide far more useful information for all purposes. He had no doubt that the City will continue to fund the non-profits of Homer adding that in-depth responses of a survey is much more useful than a yes or no. He encouraged the council to pursue the survey.
Susan Kernes, City resident, wanted to request a "no" vote on 01-28(A). She explained that she had a non-profit and is the General Manager at KBBI Homer Public Radio who receives no City funds. She felt that this is not the right way to get the information sought. She acknowledged Councilmember Fenske's wish to gain information, however, she wasn't sure this is the right way to go about it. She wanted to make an important point in that the percentage of voters who vote doesn't engender the vote of the people. She also pointed out that even after getting the non-binding vote the council would still have to make the decision. She added that when she was a councilmember she held dearly her ability to make decisions on budget matters and that reason is because she tended to have a better basis of knowledge than the general public. She explained that the budget is very complex and there are many meetings to discuss the intricacies of the budget, therefore, as a constituent she wants to have the councilmembers make the informed decisions. She further commented on the miniscule amount of the entire budget being addressed-- that being 0.01%. She acknowledged that it is a sensitive area. She would like to see the councilmembers preserve their right to make these decisions, for instance, she would not like to see in the future an ordinance put into the code a percentage of a budget that's allocated to a specific budget line. She thanked the council and commented that their hearts are in right place in wanting to demonstrate the amount of support that non profits have, however, this is not the right way to go about it. She respectfully requested a no vote.
Denice Clyne, President of the Bunnell Gallery Board of Directors, expressed her interest in speaking about Ordinance 01-28. She explained that her following remarks are a consensus of the board who met just recently. She thanked the council for the opportunity to speak and for their past support. She asked that the council consider how to get and what information they really want, such as a simple yes or no or information that will help guide them. She commented that although it's a small percentage, it's a great portion of the heart of this community. She added that this decision has the potential to encourage the soul of this community and the beautiful part of living here because lots depend on the small amount of money given because it has to do with the matching funds that many grantors require. She encouraged the council to consider a "depthful" and scientific way of gathering the information. She expressed appreciation for the opportunity to share feelings on behalf of non-profits.
Bob Cousins, City resident, felt that Charlie had a real good point in the problem with dissemination of funds. He felt the funds were going to a "certain few". He recommended that the City borrow money to make up the difference and hook everybody up. He advised that the cost keeps going up and that he was quoted $450 a month for his property. He felt that there is a "game" going on over sewer and water in Homer adding that "it's a status thing"to have it. He advised that a moratorium was put on when he applied for sewer/water and he's grateful for that because if he'd hooked up he would now be bankrupt. He explained that he is a non-profit and is not asking the council to give him anything, however, he asked council to give Charlie Davis sewer/water because he's been here 30 years and he deserves it. He alleged that the City hooked up HEA, three miles out of town, prior to hooking up Charlie Davis and he felt there is no excuse for that. He expressed concern about how the city will hook up services within two years as required by law if annexation happens. He alleged that the City will not be able to do this because they are not "thinking out of the box". He suggested the City divide up the money to more user groups. He felt that utilities are too expensive because the City doesn't allow a broad enough user base. He agreed with Mr. Davis' suggestion of using the city equipment to get a lot of people sewer and water. He advised that he dumps buckets in the City sewer and that he may have forgotten to pay the $2. He stated that the City hooked up the bathroom on the spit but refused to hook up "Bob Cousins and his six kids". He again called for essential services to the people by borrowing the money, putting people to work and maybe people would be more agreeable to annexation.
Gay Wolfe, non resident and Vice President of Bunnell Street Gallery, says her heart and soul is in Homer. She commented that when she arrived in Homer she was thrilled to see how much the community works together in giving and supporting no matter what the situation but definitely in crisis'. She compared the non profits saying they reach a crisis every year for funding because they have to sell themselves again every year to get funds. She explained that because the non profits are so varied and diverse that it would be impossible to have a yes or no vote. She acknowledged that Councilmember Fenske's heart is in the right place and it is time to come to some resolution. She voiced support of Councilmember Ladd's survey to gather precise information in that it's much more logical. Ms. Wolfe felt the non profits are a part and parcel of quality of life in Homer. She voiced support for sending the money to the Homer Foundation. She didn't feel the vote was quite the way to go about getting the information, however, it's getting everyone to talk about it. She thanked the council.
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.)
Kranich requested that Item D be placed under Ordinances, Item D.
Ladd requested that Item I be placed under New Business Item A.
Ladd requested that Item J be placed under New Business Item B.
A. Homer City Council regular meeting unapproved minutes of June 25, 2001 and July 23, 2001. Recommend approval.
B. Ordinance 01-38, Of the City of Homer Amending Homer City Code Section 18.28.050, Definitions, Adding Subsection 36. the Definition of Waste or Injury to Land. City Manager. Recommend adoption for first reading and introduction on August 13, 2001, public hearing date to be August 27, 2001 and Second Reading to be September 10, 2001.
C. Ordinance 01-39, Of the City of Homer Amending Homer City Code Section 19.16.030, Use of Vehicles Prohibited, by Deleting the Obsolete Reference to Whitney Fidalgo Access Road. City Manager. Recommend adoption for first reading and introduction on August 13, 2001, public hearing date to be August 27, 2001 and Second Reading to be September 10, 2001.
D. Ordinance 01-40, Of the City of Homer Amending Homer City Code Section 5.20.020, Open Burning -- Permit Required, to Add a New Subsection Regarding Coal Fires. City Manager. Recommend adoption for first reading and introduction on August 13, 2001, public hearing date to be August 27, 2001 and Second Reading to be September 10, 2001.
Memorandum from Chief of Police as backup.
E. Ordinance 01-41, Of the City Council of Homer, Alaska, Accepting and Appropriating Funding from the State of Alaska Department of Transportation and Public Facilities (ADOT/PF) in the Amount of $3,500,000.00 for the Kachemak Bay Multi Purpose Ocean Dock Project and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: $3,330,000 to Revenue and Expenditure Acct. 415.904. The State retains $170,000 for Indirect Cost Allocation Plan and Project Oversight. Capital Project Sheet is included in the backup. Recommend adoption for first reading and introduction on August 13, 2001, public hearing date to be August 27, 2001 and Second Reading to be August 27, 2001.
F. Ordinance 01-42, Of the City Council of Homer, Alaska Accepting and Appropriating a State of Alaska Department of Health and Social Services Division of Public Health Grant for Tobacco Enforcement Program in the Amount of $5,500.00, and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: $5,500.00 to Revenue Acct. 152.4514.725 and Expenditure Acct. 152.5105.725. Recommend adoption for first reading and introduction on August 13, 2001, public hearing date to be August 27, 2001 and Second Reading to be August 27, 2001.
Memorandum from Chief of Police as backup.
G. Resolution 01-56, Of the City Council of Homer, Alaska Accepting the Public Library Assistance Matching Grant in the Amount of $6,400.00 with a Budgeted Local Match of $7,000.00 to Assist Libraries with their Operational and Service Expenses and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note:$6,300 is budgeted in Acct:100.5228.146. $7,000 is budgeted in 100.5228.145. The 2002 budget will reflect the additional $100 and will also reflect continued matching funds. This grant is a Fiscal Year grant from July 1, 2001 to June 30, 2002. Recommend adoption.
H. Resolution 01-57, Of the City Council of Homer, Alaska Awarding the Bid for the Library Stain, Repair and Roof Rehabilitation Project to the Firm of AM Services of Nikolaevsk, Alaska in the Amount of $9,100.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: $10,000 is budgeted for this project in Acct. 152.5903.390. Recommend adoption.
Memorandum from Public Works as backup.
I. Memorandum 01-46, from City Manager, Re: Site Location and Development Plan for Homer Skateboard Park.
J. Memorandum 01-47(S), from City Manager, Re: Providing Holding Tank Pumping within the City Limits. Recommend approval.
MARQUARDT/KRANICH MOTION FOR THE ADOPTION/APPROVAL OF THE RECOMMENDATIONS OF THE CONSENT AGENDA.
VOTE: (excluding Items D, I & J) YES: FENSKE, LADD, MARQUARDT, KRANICH
Mayor Cushing called for a recess at 8:35 p.m., reconvening the meeting at 8:48 p.m.
VISITORS
ANNOUNCEMENTS/ PRESENTATIONS/ BOROUGH REPORT/ COMMISSION
REPORTS
Added under Agenda Approval:Pratt Museum Michael Hawfield Presentation.
Michael Hawfield announced it was his pleasure to be here to represent the Harriman Expedition Retraced 2001. He reported the following: Edward Harriman was a railroad magnate who funded this scientific, literary expedition to the Alaskan coast in 1899. One of their stops was Kachemak Bay in Seldovia and then to the Homer coal bins on the spit. As the expedition was retraced this year they gave a memento typical of the 19th century to each community, a silver bowl. In the Homer community, at the Pratt Museum, it was almost impossible to do a ceremony due to schedules, so they made a presentation early in the morning of the silver bowl he brought with him. Mr. Hawfield then presented to the Mayor representing the City of Homer on behalf of the Harriman Expedition Retraced as one of those special communities that they visited. The expedition is currently on their way to Kamchatka, will end up in Nome then home on Sunday. This expedition will be a PBS documentary toward the end of this year/early next year. The Mayor announced that this silver bowl will be held by the City on behalf of the citizens of Homer. Mayor Cushing asked Mr. Hawfield to give names of Homer citizens on the expedition who could later be contacted for further information. Mr. Hawfield named Carmen and Conrad Field, Charlie Wells, Carol Harding, George and Lucy Cuddy. They are currently on the second half of the trek in the Bering Sea. Mr. Hawfield also recommended Nancy Lord's book, Green Alaska about the Harriman Expedition and Kachemak Bay today in that same context. Mayor Cushing thanked Mr. Hawfield for all his work. Mr. Hawfield replied that it was a pleasure showing the community.
PUBLIC HEARING(S)
A. Ordinance 01-33, Of the Homer City Council Approving the Interim Agreement with the Kenai Peninsula Borough to Provide Fire and Emergency Services, Accepting and Appropriating $106,227.00 for these Services and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: $106,227 to Acct. 100.4602.03. (First Reading 07/23/01, Public Hearing 08/13/01, Second Reading directly after public testimony 08/13/01.)
There was no public testimony
FENSKE/MARQUARDT -MOTION TO ADOPT ORDINANCE 01-33 BY READING OF TITLE ONLY.
There was no discussion.
VOTE: YES: FENSKE, LADD, MARQUARDT, KRANICH
Motion carried.
B. Ordinance 01-34(S), Of the City Council of Homer, Alaska, Accepting and Appropriating a Grant from the U.S. Coast Guard in the Amount of $5,787,240.00 for the Kachemak Bay Multi Purpose Ocean Dock Project and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: $5,787,240 to Revenue and Expenditure Acct. 415.904. (First Reading 07/23/01, Public Hearing 08/13/01, Second Reading directly after public testimony 08/13/01.)
There was no public testimony.
KRANICH/ FENSKE - MOTION TO ADOPT ORDINANCE 01-34(S) BY READING OF TITLE ONLY.
There was no discussion.
VOTE: YES: KRANICH, FENSKE, LADD, MARQUARDT
Motion carried.
C. Ordinance 01-35, Of the City Council of the City of Homer, Alaska Amending Homer City Code Section 1.60.060, Fire Department Volunteer Personnel City Manager. (First Reading 07/23/01, Public Hearing 08/13/01, Second Reading directly after public testimony 08/13/01.)
There was no public testimony.
LADD/MARQUARDT - MOTION TO ADOPT ORDINANCE 01-35 BY READING OF TITLE ONLY.
There was no discussion.
VOTE: YES: MARQUARDT, KRANICH, FENSKE, LADD
Motion carried.
D. Ordinance 01-36, Of the City Council of Homer, Alaska, Appropriating an Interlibrary Cooperation Grant Award from the State of Alaska in the Amount of $1,250.00 for the Homer Public Library for Travel and Cost Reimbursement. City Manager. Fiscal Note: $1,250 from General Fund Balance Revenue Acct. 100.2711 to Expenditure Acct. 151-730. (First Reading 07/23/01, Public Hearing 08/13/01, Second Reading directly after public testimony 08/13/01.)
There was no public testimony.
FENSKE/LADD - MOTION TO ADOPT ORDINANCE 01-36 BY READING OF TITLE ONLY
There was no discussion.
VOTE: YES: MARQUARDT, KRANICH, FENSKE, LADD
Motion carried.
F. Ordinance 01-37, Of the City Council of Homer, Alaska Accepting and Appropriating a Grant from the State of Alaska Department of Administration, Division of Senior Services, in the amount of $8,098.00 for the Senior Library Program and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: $8,098 Revenue Acct. 100.4508.030 to Expenditure Acct. 100.5103 and 5104.147. (First Reading 07/23/01, Public Hearing 08/13/01, Second Reading directly after public testimony 08/13/01.)
There was no public testimony.
FENSKE/KRANICH -MOTION TO ADOPT ORDINANCE 01-37 BY READING OF TITLE ONLY.
Councilmember Fenske clarified that this is a pass through grant that the City gets which contributes to the Senior community. He added that during the Committee of the Whole discussion was heard on how little the City does for the seniors of this community. He wanted to point out that since he's been here he couldn't remember a time that issues that support seniors hasn't been supported by council.
Councilmember Kranich asked for clarification saying that this is funding for the annex library at the Senior Center. Acting City Manager Baugh stated he is correct.
VOTE: YES: LADD, MARQUARDT, KRANICH, FENSKE
Motion carried.
ORDINANCE(S)
A. Ordinance 01-28(A), Of the Homer City Council to Place on the October 2, 2001 General Municipal Election Ballot, Propositions pertaining to Funding Non Profits from the City of Homer General Fund. Fenske. Fiscal note: Ballot printing and advertising, Accts. 100.5227.101 and 100.5238.101. (First Reading June 25, 2001, Public Hearing July 23, 2001, Second Reading August 13, 2001)
FENSKE/MARQUARDT- MOTION TO ADOPT ORDINANCE 01-28(A) BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.
Councilmember Fenske commented briefly that it only takes one vote to put this ballot issue down. He noted that the council had heard earlier from representatives of non-profit organizations in the community. He commented that only a portion of the non profits seek funding from the City of Homer and in the past 20 years the City has supported non-profits with funding. He felt this needed to be a ballot issue to once again put at rest the idea that the City of Homer spends it's discretionary monies foolishly. He listed comments made by the audience.
Councilmember Fenske addressed the issue of the people claiming that the council does not do the will of the people at every budget cycle. He felt that funding non profits needs to be challenged. Councilmember Fenske pointed out that there are some vocal people who feel non profits should not be funded. He reminded everyone that it only takes one vote to not pass the ordinance, however, he thinks this issue is of great importance and needs to be resolved for another 20 years. He reiterated that he has no doubt where the heart of the community is and where their vote would go.
Councilmember Ladd felt there were several issues at stake here, the first being that there should be no question that the council supports the non profits, arts, humanities and sciences in the community. He pointed out that the Homer Comprehensive Plan and the update specifically addresses that. He commented that he was concerned when he first came onto the council about how to divide the funds for non profits. He is very comfortable with council establishing the Homer Foundation concept and is a process that will become more effective with time. He expressed that when a proposition is addressed he's concerned about what results are sought. He felt there are lots of issues, some of which are huge, to put out to the community that a survey could be used for. He cautioned the council on going the direction of a proposition adding that a survey will give data/information to use to turn it around and establish how to use the limited resources to serve the community. He stated he will not support this ordinance.
Councilmember Marquardt thanked all the folks who testified on this issue. He noted that all spoke from different standpoints which gave a broad understanding of where the non profits are coming from. He felt that this is a complex issue that requires more than just a yes/no vote. He referred to comments made by the audience that the council has been entrusted to make these decisions of which he is comfortable making. In regard to a survey, he felt that there needs to be a focus on what type of information is requested and that there is not a full picture through a yes/no vote. He observed that every year the community shows up enforce and gives a good read on where they want the council go on the issue of non profits. He stated that he doesn't see the need to place this issue on the ballot.
Councilmember Kranich noted Councilmember Ladd's comment regarding the council establishing the Homer Foundation. He wanted to clarify that the Council didn't establish the Homer Foundation, merely a mechanism to utilize the Homer Foundation to determine funding levels of each organization. Further, Councilmember Kranich felt that unless the City is going to send out to all voters an election pamphlet with history and philosophy on the ballot a yes/ no vote would not be the way to go. He added that a survey would be far better. He thought that the ballot proposition most likely would pass with the voters but asked rhetorically would it be useful information.
VOTE: YES: FENSKE NO: LADD, MARQUARDT, KRANICH
Motion failed.
B. Ordinance 01-30, Of the City of Homer Amending Homer City Code Sub Section 1.24.040 (h), Bylaws for Council Procedures, Quorum; Voting and Amending the City Council's Operating Manual to Reflect the Change in the Council's Bylaws. City Manager.(First Reading June 25, 2001, Public Hearing July 23, 2001, Second Reading August 13, 2001)
LADD/KRANICH - MOVE TO ADOPT ORDINANCE 01-30 BY TITLE AS READ FOR SECOND AND FINAL READING.
No discussion.
VOTE: YES: FENSKE, LADD, MARQUARDT, KRANICH
Motion carried.
C. Ordinance 01-32(A), Of the City of Homer Amending Homer City Code Section 21.48.020, Central Business District Permitted Uses and Structures, to Authorize Farmers Market and Adding Section 21.32.167 to Define Farmers Market. City Manager. (First Reading June 25, 2001, Public Hearing July 23, 2001, Second Reading August 13, 2001)
Mayor Cushing commented that Councilmember Yourkowski initiated this ordinance at the council level to the Planning Commission.
FENSKE/MARQUARDT -MOTION TO ADOPT ORDINANCE 01-32(A) BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.
Councilmember Marquardt commented on the survey results from Homer Chamber of Commerce on the Farmer's Market issue. He thanked the chamber for taking it upon themselves to initiate the survey. He reported that they sent out 438 questionnaires to their members via the newsletter and although it wasn't a high response rate they did get overwhelming positive feedback. He found it interesting that the respondents who made recommendations, guidelines or suggestions that farmers might follow were close to what the Farmer's Market associates said. He supports the Farmer's Market.
Councilmember Fenske spoke in support of Farmer's Market. He commented that out of 438 survey's sent out, only 6 were returned adding that this is his experience with surveys.
Councilmember Ladd advised that the school district mailed out over 7000 surveys and received 23% back which is around 1700 surveys. He felt that a survey can give you valuable information because it can give you approximately 23-25% return as a solid survey.
Councilmember Kranich expressed appreciation of the Farmer's Market Association; for their time spent, dedication and positive impact on the community. He commented on the survey saying it had three questions yet the respondents gave varied comments that were construction. He voiced his support for this ordinance. He noted that there are no more fair grounds which is now little league fields. He hoped this would lead back to a Homer fair and a special market day or weekend to become an annual event. He commented that this is a positive step for broadening the cultural base of the community.
VOTE: YES: KRANICH, FENSKE, LADD, MARQUARDT
Motion carried.
D. Ordinance 01-40, (moved from the consent agenda) Of the City of Homer Amending Homer City Code Section 5.20.020, Open Burning -- Permit Required, to Add a New Subsection Regarding Coal Fires. City Manager. Recommend adoption for first reading and introduction on August 13, 2001, public hearing date to be August 27, 2001 and Second Reading to be September 10, 2001.
Memorandum from Chief of Police as backup.
KRANICH/FENSKE - MOTION FOR ADOPTION OF ORDINANCE 01-40 BY READING OF TITLE ONLY.
KRANICH/LADD - MOTION TO AMEND SECTION 5.20.020 f TO INCLUDE THE LANGUAGE PROVIDED BY THE CHIEF OF POLICE IN THE LAST PARAGRAPH ON PAGE 55.
Amendment:
1.16.010. The violation of any provision contained in this chapter shall be punished under the general penalty provision of the city code. The City may also invoke civil
penalties and remedies under section 1.16.020 (Ord. 98-5 1; 1998; Ord 79-15 1, 1979;
prior code 8-100.2).
Councilmember Kranich noted that the language on lines 47-49 just pertains to violations of provisions of the burning permit and by adding the new section it would expand to cover all of the sections of the code. He felt this would "better fit" what the new code would read.
VOTE (on amendment): YES: MARQUARDT, KRANICH, FENSKE, LADD
Motion carried.
No discussion on the main motion
VOTE: (main motion): YES: KRANICH, MARQUARDT, FENSKE, LADD
Motion carried.
CITY MANAGER'S REPORT
A. City Manager's Report (Ice Crane Time report)
B. Record Report, Clerk's Office
Mayor recognized the Homer softball teams that did well in the State Tournament.
Acting City Manager Baugh read an announcement regarding the Safety Rodeo on Monday September 3 at 2 PM when the US Coast Guard will give a demonstration of water/boating safety with competition thereafter. He advised to register at the Chamber of Commerce for the competition and prizes. Acting City Manager Baugh reported that the new dock project is coming along good and encouraged the public to take a look at it.
The Mayor recognized the coach of the winning softball team, Ginny Espenschade, in the audience. Ms. Espenschade announced that one of the players on her team was Your Honor, the Mayor, who was the most valuable player on Saturday. She presented Mayor Cushing with a monogrammed sweatshirt. The Mayor commended her coaching abilities.
COMMITTEE REPORT
A. Steep Slope Task Force, August 7th meeting.
Councilmember Ladd reported they are still working on the draft and have not taken any action. He referred to some concerns by councilmembers regarding a supposition of a portion of property touching steep slope in a small percentage, the question being would they have to meet steep slope development requirements. He advised that he is researching this and getting wording from sources in Washington. He advised that the date and time of the next meeting will be announced. He added that the task force is also researching trails and utilities on steep slopes, switchbacks and logging on the trails. In answer to a question from Councilmember Marquardt, Councilmember Ladd reported that the task force has identified parcels of land in the steep slope district that have buildings under construction now. He thought maybe a field trip meeting after next would be in order.
Councilmember Marquardt reported that the Road Standards Committee hasn't met for most of the summer as Committee Member Yourkowski is away and Committee Member Leach resigned earlier this summer. Mayor Cushing announced that he will confirm with Steve Smith when he returns from Seward as a member.
PENDING BUSINESS
NEW BUSINESS
and Development Plan for Homer Skateboard Park.
Recommendations: 1) The staff recommends that the skateboard park be located at Ben Walters Park. 2) The staff recommends that construction of the park be done largely through volunteer efforts. 3) The staff recommendation is to designate Ben Walters park as the future site of the Homer Skateboard Park. The staff further recommends that development of this park proceed as largely a volunteer effort, using City staff and resources where possible, and any proposed extensive City expenditures be brought before the Council for review and approval. The City Manager will be responsible for coordination of this project.
FENSKE/MARQUARDT -MOVED TO APPROVE THE RECOMMENDATIONS OF MEMORANDUM 01-46.
Councilmember Fenske noted concerns about parking at the Ben Walters Park location and added that primarily the users of this park would not have automobiles. He thought the plan looked like it has been worked out well and is well received by the user group. He looks forward to having volunteers pursue the development of this with support/assistance of the city and felt it will be a great addition to the community.
Councilmember Ladd reiterated that during the Committee of the Whole discussion various areas were looked at and he believes this is the best location. He expressed concern of liability to the City in terms of injury or accidents which occur at the skateboard park and made it clear that he is not concerned about the activity itself. He questioned supervision. He was concerned that when volunteers put things together they do not always work within specs and the City would be held liable in a park that could result in significant injury. He was concerned about other user groups using the park adding that he doesn't think signage is enough. He commented that signs have obviously not worked in the community up to this point, therefore, he would like to offer an amendment to be added to the base of the recommendations.
LADD/KRANICH - MOVE THAT WORDING BE ADDED TO THE RECOMMENDATIONS "THAT CONSTRUCTION ON THE PROPOSED SITE NOT BEGIN UNTIL A CONSTRUCTION PLAN AND OPERATION POLICY BE PRESENTED TO THE COUNCIL FOR APPROVAL".
Councilmember Ladd felt that the Council deals with issues of liability and his primary concern is to avoid injury and make sure the park is used the way it's designed to be used and that it's constructed in accordance with proper standards. He added he would like to have that guarantee.
Councilmember Kranich echoed Councilmember Ladd's concerns clarifying that in developing the plan for cooperative use there might be an option where different ramps are used by skateboarders than bicyclists. He suggested that a portion of the area be specific to bicyclists. He expressed concerns regarding the operation of the park saying it will basically be unmanned/unstaffed by the City so there will need to be guidelines to set the tone for the conduct and use of the facility by members of the public that use it. He hoped that an operating policy would involve the Chief of Police so Public Safety could enforce unacceptable behavior. He called for a complete plan for safety not just for construction but for operation, too.
Councilmember Marquardt thanked the Homer Skateboard Association for the packet of information which has been very useful. He noted members of the association returned to the council meeting this evening hear this discussion. He echoed Councilmember Ladd's and Kranich's liability and safety concerns. He reminded Council of the situation at Hornaday Park where the equipment was dismantled and rebuilt by volunteers who were trained and the equipment was erected in a safe and proper manner. He felt this proposal by the Skateboard Association is similar and that they are following some tried and true methods. He noted that for most this is the first experience with government and with this group it could be a life altering affect to see some positive results.
Councilmember Fenske expressed his perspective of getting on a skateboard and leaping off a mound as not being his idea of something safe but appreciates the thrill of those who don't kill themselves. He equated this park to "adult parks" such as Denali and ice climbing in Turnagain Arm saying that it is assumed that there will be self control and good judgement used. He hoped the Council doesn't get bogged down in constricting the use of the park in a operational plan.
Mayor Cushing called upon Public Works Director Meyer asking if he anticipated getting pavement for the park this season. Director Meyer suggested that the design plan be created over the winter and actual construction happen in the spring albeit paving this fall would be nice. Director Meyer didn't see the asphalt as being the biggest issue adding that the gravel is the biggest single item on this project. Councilmember Ladd called for proper construction and a plan to alleviate liability and injury issues.
Mayor Cushing suggested a phased approach. Councilmember Kranich brought up the issue that Ben Walters Park, being so near Beluga Lake, might be wetlands and the Corp of Engineers would then be involved. Director Meyer advised that the maps show the area around the lake as high value wetlands, however, he didn't think the maps have been updated to show the current improvements in the park. He acknowledged the wetlands issue would have to be dealt with.
VOTE (on amendment) YES: FENSKE, LADD, MARQUARDT, KRANICH
Motion to amend carried.
Discussion on the main motion was brief.
VOTE (on main motion) YES: LADD, MARQUARDT, KRANICH, FENSKE
Motion carried.
Mayor Cushing congratulated the Homer Skateboard Association on their new home.
Holding Tank Pumping within the City Limits. Recommend approval.
Recommendation: The City should revise current fee schedule to make provisions for servicing lots with holding tanks. Fee would be established that would allow for residential or domestic holding tank pumpage to be discharged at the sewer treatment plant for the same monthly fee as what others pay who are connected to the sewer collection system. These lot owners would install and maintain a holding tank per City policy and specifications and contract with local pumping service.
Specifically, the current fee schedule should be modified as follows:
Add second paragraph (page 19):
"Owners of Residential or Domestic Holding Tanks within the City limits shall be charged at the same monthly rate as Sewer System Residential or Residential Equivalent Dischargers Who are not Water System Users. Payment of this monthly fee will allow Owners of residential or domestic holding tanks to have private pumping service discharge holding tank wastewater into the City's collection system near the sewer treatment plant or other designated point. Holding tank pumpage will be measured as it is discharged at the Sewer Treatment plant from the pumping truck. Public Works will prepare a record of pumpage accepted at the treatment plant and forward this information to the Finance Department for billing on a monthly basis."
Mayor Cushing explained the changes in the recommendations with the City Manager's approval. He advised the word "domestic" was added as an allowable type sewage that would be collected in these tanks.
Mayor Cushing called for a recess at 10:20 p.m. and reconvened the meeting at 10:33 p.m.
KRANICH/LADD - MOVE FOR APPROVAL OF THE RECOMMENDATIONS OF MEMORANDUM 01-47(S).
Councilmember Kranich remarked that there was lengthy discussion at the Committee of the Whole on this memorandum and some amendments were made with the manager's approval that would allow for not just residential holding tanks but holding tanks from domestic wastewater from restrooms and some types of office in a business facility. He added that tanks would be required to meet City policy and specs. He clarified that all the City will really be doing is revising the fee schedule and setting up policy so private enterprise pumping people can pump tanks and that the City will not be buying equipment and pumping tanks; that this will be done strictly by the private sector. He stated that on this basis he can support this recommendation. He further suggested that the policy could include properties having holding tanks as an interim solution prior to construction of an LID.
Councilmember Ladd added that he felt this memorandum would make our community a healthier place to live. He pointed out that in the memorandum during the Committee of the Whole "per City policy..." was added and is very important in that it can clarify the meaning of holding tank versus septic. He reiterated that the City waste system can only handle 10,000 gallons a day of septic and that this memorandum strengthens the health of our community.
Mayor Cushing commented that a lot of the issues have been discussed and that the council will be seeing this again when they approve the policy. He explained that the reason for this is so residents will receive a reduction in price for a public utility and if it doesn't it will need to be looked at again.
Councilmember Fenske reiterated that the City does not intend to be going into the septic pumping business or compete with private enterprise. Secondly, he reminded council that this is not an end solution to the problem of what to do with domestic waste. He applauded council's actions on this issue in trying to address the problems and felt that the council is moving along.
Councilmember Marquardt referred to the testimony that 9 of 10 holding tank systems are not operating properly and the fact that many septic systems aren't operating properly either due to soil conditions, the way they were installed and/or the age. He wanted to argue that if a person has a system that provides adequate sewage disposal thus they will not be included in an LID is a weak argument. He felt that perhaps some of the systems need to be inspected prior to some LID's failing due to objections. He didn't have the answer but was aware of a problem. Mayor Cushing clarified that if a person is on a collection system they have automatically approved participation in an LID.
Councilmember Ladd called for an indemnification process. He wanted to make sure that the business owner dumping into the City system have a process by which the City ensures things are done properly. He felt this must be included in the policy.
VOTE: YES: FENSKE, LADD, MARQUARDT, KRANICH
Motion carried.
RESOLUTIONS
A. Resolution 01-47, Of the City Council of the City of Homer, Alaska, Authorizing the Formation of the East Road Sewer (Portion) Assessment District at 50% Property Owner Share of Assessments and Authorizing the City Manager to Proceed with the Preparation and Construction of the East Road Sewer Project. City Manager.
B. Resolution 01-48, Of the City Council of the City of Homer, Alaska, Authorizing the Formation of the Forest Glen Water and Sewer Assessment District at 50% Property Owner Share of Assessments and Authorizing the City Manager to Proceed with the Preparation and Construction of the Forest Glen Water and Sewer Project. City Manager
C. Resolution 01-49, Of the City Council of the City of Homer, Alaska Authorizing the Formation of the Harrington Heights Water and Sewer Assessment District at 50% Property Owner Share of Assessments and Authorizing the City Manager to Proceed with the Preparation and Construction of the Harrington Heights Water and Sewer Project. City Manager.
D. Resolution 01-50, Of the City Council of the City of Homer, Alaska, Authorizing the Formation of the Hillside Acres Water Assessment District at 50% Property Owner Share of Assessments and Authorizing the City Manager to Proceed with the Preparation and Construction of the Hillside Acres Water Project. City Manager.
E. Resolution 01-51, Of the City Council of the City of Homer, Alaska, Noting the Failure of the Hillside Acres Sewer Improvement/Assessment District and Authorizing an Extension of Ninety Days of the 50% Property Owner Share of Assessments for Redistricting to the Property Owners of Hillside Acres Area. City Manager.
F. Resolution 01-52, Of the City Council of the City of Homer, Alaska, Authorizing the Formation of the Mariner Village/Thorn Subdivision Water and Sewer Assessment District at 50% Property Owner Share of Assessments and Authorizing the City Manager to Proceed with the Preparation and Construction of the Mariner Village/Thorn Subdivision Water and Sewer Project. City Manager.
G. Resolution 01-53,Of the City Council of the City of Homer, Alaska, Noting the Failure of the Saltwater Drive Water and Sewer Improvement/Assessment District and Authorizing an Extension of Ninety Days of the 50% Property Owner Share of Assessments for Redistricting to the Property Owners of the Saltwater Drive Area. City Manager.
H. Resolution 01-54, Of the City Council of the City of Homer, Alaska, Noting the Failure of the Thompson Drive Sewer Improvement/Assessment District and Authorizing an Extension of Ninety Days of the 50% Property Owner Share of Assessments for Redistricting to the Property Owners of the Thompson Drive Area. City Manager
I. Resolution 01-55, Of the City Council of the City of Homer, Alaska, Authorizing the Formation of the W. Lakeshore Drive Water and Sewer Assessment District at 50% Property Owner Share of Assessments and Authorizing the City Manager to Proceed with the Preparation and Construction of the W. Lakeshore Drive Water and Sewer Project. City Manager.
Council and Mayor requested one motion for all resolutions. Resolution titles were read by Mayor Cushing.
KRANICH/ LADD - MOVE FOR THE ADOPTION OF RESOLUTIONS 01-47 thru 01-55 INCLUSIVE BY READING OF TITLE
Councilmember Kranich commented that he was glad to see the extension of the 90 days for those that failed.
Councilmember Fenske advised that he has been contacted by individuals from LID areas to ask if he would assist with redistricting. He offered to meet with anyone who would like assistance.
Mayor Cushing wanted to bring to the attention of everyone that his wife and her sister own three lots in Mariner Subdivision. He clarified that he brought it up as a possible conflict of interest and offered to leave for the vote and discussions; the council declined finding this not a conflict. He explained that his wife is neutral on the inheritance of this property in the Mariner Subdivision LID.
VOTE: YES: KRANICH, FENSKE, LADD, MARQUARDT.
Motion carried.
COMMENTS OF THE AUDIENCE
There were no audience comments.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans was not present.
COMMENTS OF THE CITY CLERK
Deputy Clerk Benson wished City Manager Drathman a happy birthday and congratulated Public Works Director Meyer on his 25th wedding anniversary.
COMMENTS OF THE CITY MANAGER
Acting City Manager Baugh had no comments.
COMMENTS OF THE MAYOR
Mayor Cushing gave an overview of his experience and involvement in the Pew Ocean Commission Kenai Fjords cruise on Sunday at the invitation of Governor Knowles office last Friday. He reported that the Pew Ocean Commission is funded by the Pew Charitable Trust and tasked to come up with a set of recommendations to present to Congress and the President on various ocean issues in the waters of U.S. jurisdiction. He included issues such as trawling, pollution and fishing which, specifically in Alaska, would include the fishing economics impact. Mayor Cushing named the members of the commission adding that he will include the bio's in his official report. Mayor Cushing said he answered questions for the better part of 4 hours and found the commission intrigued by the various types of fleets that hang out in Homer. He offered to put together a 2 page report to send to the commission which will be shared with the council.
Mayor Cushing commented briefly on the Softball activity over the weekend.
COMMENTS OF THE CITY COUNCIL
Councilmember Fenske wished the City Manager a happy birthday and thanked Terry Meyer for sharing her husband for the evening, adding that he's irreplaceable and appreciated.
Mayor Cushing, Councilmember Marquardt and Kranich echoed Councilmember Fenske's comments.
Councilmember Ladd noted that on August 27th there will be no Committee of the Whole as the Council will be looking at the CIP and he looks forward to that process. He reminded everyone that school starts August 22 and all students not registered need to do so ASAP. He suggested that the survey information be tackled in September and urged councilmembers to contact the city manager for input.
Councilmember Kranich expanded on Councilmember Ladd's comments urging councilmembers to give the City Manager a brief paragraph for guidance on retrieving survey information.
Mayor Cushing shared an incident that was sparked by the discussions of the council regarding the dangers of skateboarding. He said a woman playing softball went into a slide and broke her leg in three places; his point being an injury can occur in any sport.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned by Mayor Cushing at 11:17p.m.. The next regular meeting is scheduled for August 27, 2001 at 7:30 p.m The Committee of the Whole meeting on August 27th is canceled. There will be a Council Worksession at 4 p.m. on August 27 regarding the Five Year CIP Document, Legislative requests and Governor's Matching Grant Program.
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DEENA BENSON, DEPUTY CITY CLERK
Approved: ___________________________