Session 03-16, a Regular Meeting of the Homer City Council was called to order at 7:33 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 met as a Committee of the Whole from 4:04 to 5:51 p.m regarding the Regular Meeting Agenda items; Worksession on the CIP and Legislative
Requests from 6:07 pm. to 7:15 p.m.
PRESENT: COUNCILMEMBERS: BECK, FENSKE, KRANICH, LADD, STARK, YOURKOWSKI..
STAFF: CITY MANAGER WREDE
CITY CLERK CALHOUN
FINANCE DIRECTOR BAUGH
LIBRARY DIRECTOR HILL
PUBLIC WORKS DIRECTOR MEYER
Mayor Cushing acknowledged the presence of Senator Gary Stevens, Representative Seaton and legislative staffers.
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 the consensus of the Council with the following changes:
Corrected Agenda, Corrected Resolution 03-113, Resolution 03-112(S), with new public hearing date, Corrected minutes pages 1 and 4, and Property owner
letters for the Ocean Drive Loop Bluff Erosion Control Project, Rosebud Court and Ocean Drive Loop Sewer Improvement/Assessment District, and
Kachemak Drive Phase I Sewer. Removal of Item B. of the Consent Agenda, Ordinance 03-50 regarding jake brake and noise ordinance, be removed and
scheduled for introduction on September 8, 2003. Consent Agenda Item L. that it be added, as part of the recommendation on the Consent Agenda, to
Memorandum 03-145, that a quorum be set as four members for the Town Center Development Committee.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Public comments upon matters already on the agenda with the exception of Visitors - Senator Gary Stevens and Debbie Poore and Public Hearing Items:
Ocean Drive Loop Bluff Erosion Control and Harrington Heights Water and Sewer Final Assessments and the creation of the .Rosebud Court and Ocean Drive
Loop Sewer Improvement/Assessment Districts, Ordinance 03-42, Three Hundred Thousand Dollars ($300,000.00) from the Homer Accelerated Water and
Sewer Program (HAWSP) for the Water and Wastewater Master Plan, Ordinance 03-47, Definition for Firearm, Ordinance 03-48(A), Council Regular
Meeting time change Resolution 03-118, Amending Council's Committee of the Whole time change.
Jeanne Parker, resident, voiced support for visitor Debbie Poore's topic about pedestrian right of way and cross walks. She emphasized that the laws are on the
books as well as the need to start to create Homer as a pedestrian friendly City. She noted that people speak of Homer people as very friendly people, but not
that crossing roads in Homer is a very friendly atmosphere. The children need to feel safe about crossing streets. Ms. Parker encouraged the Council to listen to
the information that Debbie Poore has to give them and to start working on Homer becoming a pedestrian friendly community. She thanked the Council.
Alana Greear, resident, commented about having two small children that she is really looking forward to teaching them how to ride bikes, to do things on their
own and to be independent. She voiced concern about the traffic situation in Homer. She stated that one of her friends got hit by a car, this year, crossing from
the High School to Subway. She expressed her thought that a crosswalk is a symbol and that drivers need to be retrained about pedestrians.
Nancy Lord, Chair of the Library Advisory Board, spoke in favor of the award of the design contract for the Library. She pointed out and encouraged the
Council to think of the Library Project as economic development kind of thing in terms of visitors using the Library. She advised the Council that when she is in
other towns she uses their library facility and that she sees visitors from out of town using Homer's Library. On a rainy day people will either stay in town and
go to the Library, check their email and catch up their newspaper reading and so on and spend another night in an B and B and buy meals here and all of that. If
people don't have that alternative they will head out of town. She expressed her thought that there is advantage to having the kind of public space, a library, for
visitors as well as residents. It is facilities like libraries that attract families and retired people and all of those people who value the educational and community
resources that libraries offer. She voiced her hope that the Council might have read in the Anchorage paper of a couple of days ago a column by Heather Lende,
Haines resident, who relayed showing some people around Haines and who were kind of ho hum about Haines until they went by the new Library and who
said that it was one of the nicest looking buildings in Haines and that it really said a lot about Haines. Ms. Lord shared that she looks forward to the day when
people come to Homer and see the new library and say that this tells them a lot about Homer. She thanked the Council very much.
Michael Hawfield, Library Advisory Boardmember, thanked the Council for his appointment to the Library Advisory Board and that he enjoys this position
very much and looks forward to the process of getting the new Library for the community. He encouraged the Council to accept the bid for the design contract
by the architects who are here tonight. It is exceptionally important, to be successful, to move ahead with something tangible in hand. He advised that he is also
on the Capital Campaign Committee, as a volunteer, and that they are going to try to raise most of project money from the private sector as well as from
foundations and corporations. To be able to put into the hand of the donors a concrete vision of what is imagined for the library is going to have exceptional
importance to the money raising success. There is something of a chicken and egg process here and some money has to be put into the project to give the most
important and needed tool for raising the funds to make the library a reality. He thanked the Council for their support.
A women in the audience inquired about the process of getting something on a Council agenda.
Mayor Cushing suggested that she contact a Councilmember, that their names and phone numbers are on the internet and that she may also contact the City
Clerk for that information. He advised that the next meeting is September 8, 2003.
Susan Kernes, resident and Capital Campaign Committee member, voiced support of Resolution 03-120, which would approve monies to engage the
architectural firm. She commented that she would like to reenforce Mr. Hawfield's comment that as a fund raiser this award is so important to the campaign
going forward mostly because the architectural firm will be providing elevations and designs that can be taken to funders. She voiced her understanding of the
RFP process, that the architectural firm had stated that it was one of the best RFPs they had received and that their response was very responsive. She
emphasized that the recommendation of the Library Advisory Board was not made in haste and was a wise recommendation. She stated that she would
appreciate it if the Council would follow their guidance.
RECONSIDERATION
None scheduled.
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.)
Items B., H., and I. - K. were pulled off of the Consent Agenda.
A. Homer City Council unapproved meeting minutes of August 11, 2003 Regular Meeting. Recommend approval.
B. Ordinance 03-50, Of the City Council Adding to the Homer City Code a New Chapter 7.06,Entitled "Environmental Protection," to Prohibit the Operation
of A Vehicle that is Excessively Noisy or without a Muffler and Exhaust System in Good Working Order, To Restrict Jake Brake Use, and to Establish a Fine
Schedule to be Incorporated into the City's Fee Schedule. HPD. Requested by Council. City Manager. Recommend introduction and conduct Public Hearing on
September 8, 2003 and Second Reading on September 22, 2003.
To be introduced on September 8, 2003 with revisions.
C. Resolution 03-113, Of the City Council of Homer, Alaska, In Support of Recommending that the Federal and State Governments and Local Governments,
That Manage Multiple Use Trails, Develop Uniform Ethics and Etiquette Statements for Users of Trails in Alaska. Parks and Recreation Commission. Mayor.
Recommend adoption.
D. Resolution 03-114, Of the City Council Amending the Boundaries of the Kachemak Drive Phase I Sewer Assessment District, Setting a Date for Public
Hearing of October 13, 2003 and an Additional Sixty Day Objection Period on the Revised Assessment Amount. City Clerk. Recommend adoption.
Memorandum 03-148, from Public Works, Re: Boundary Changes and increased assessment amount.
E. Resolution 03-115, Of the Homer City Council Supporting Option B1 Plan for the Expansion of the Kachemak Bay Campus of the University of Alaska.
Fenske. Recommend adoption.
Memorandum 03-141, from Councilmember Fenske as backup.
Note: Suggested amendment on page 158. This amendment may be incorporated into the main motion on the consent agenda. To add to Resolution
03-115: Be it further resolved: That the City Council hereby wishes to grant the University of Alaska the right of first refusal on the sale of the
current Homer City Hall and property and authorizes the City Manager execute the appropriate documents.
F. Resolution 03-116, Of the City Council Amending the Homer Accelerated Roads Program (HARP) to Include the Annexed Roads as Noted in the Official
Road Maintenance Map, HCC 11.04.055. City Clerk. Recommend adoption.
G. Resolution 03-117, Of the City council of Homer, Alaska Supporting Citizen Based Volunteer Water Quality Monitoring as a Cost Effective and Reliable
Way to Protect Fisheries, Wetlands and Local Water Bodies. Beck Recommend adoption.
H. Resolution 03-120, Of the City Council of Homer, Alaska Awarding the Professional Planning, Architectural, and Engineering Services for the Homer Public Library to the Firm of ECI/Hyer of Anchorage, Alaska in the Amount of $485,361.00 and Authorizing the City Manager to Execute the Appropriate Documents. PWD. City Clerk. Fiscal Note: Budgeted in Acct. 151-722. Recommend adoption.
Memorandum 03-146, from Public Works as backup.
Placed under Resolutions.
I. Memorandum 03-142, from City Clerk, Re: Councilmember Fenske Travel Authorization to UA Board of Regents Meeting September 17 and 18, 2003.
Fiscal Note: Budgeted in Accts. 100.5236 and 5237, 100. Recommend approval.
Moved to New Business as Item A.
J Memorandum 03-143, from City Clerk, Re: Vacation of a Portion of a Twenty Foot Alley, Shown on Glacier View Subdivision No. 01(Plat HM 75-26) and
Glacier View No. 19 (Plat HM 86-107), adjacent to Lots 3 and 4 block 5 (Plat HM 75-26) and Tract 6-A, A-1 and A-2 (Plat HM 86-107): within Section 20,
Township 6 South, Range 13 West, Seward Meridian, Alaska; the City of Homer and the Kenai Peninsula Borough; KPB File 2003-153. Recommend Council
voice non objection and consent.
Moved to New Business as Item B.
K Memorandum 03-144, from City Clerk, Re: Vacation of Botts Street, a Sixty Foot right-of-way and associated utility easements, dedicated by Alfred
Anderson Tract boots-Broshes Addition (Plat HM 85-19): within Section 19, Township 6 South, Range 13 West, Seward Meridian, Alaska; the City of Homer
and the Kenai Peninsula Borough; KPB File 2003-150. Recommend Council voice non objection and consent.
Moved to New Business as Item C.
L Memorandum 03-145, from Mayor, Re: Appointment of Ellen Bauer to the Library Advisory Board as the Student Representative and nominations for the
Town Center Development Committee are: Anne Marie Holen, Kurt Marquardt, Kate Mitchell, Derotha Ferraro. Kenton Bloom, Dave Gilbert, Eileen Bechtol,
Kirk McGee, Barb Seaman, Bill Smith, Rose Beck. Recommend confirmation and appointment of nominees and includes in the Consent Agenda
recommendation the notation that a quorum is four members.
FENSKE/YOURKOWSKI - MOVED FOR THE ADOPTION AND/OR APPROVAL OF THE RECOMMENDATIONS OF THE CONSENT AGENDA
WITH AMENDMENT TO RESOLUTION 03-115, IN THE TITLE - OF THE HOMER CITY COUNCIL SUPPORTING, INSERT,
RECOMMENDATION OF THE KACHEMAK BAY ADVISORY BOARD'S PLAN B OPTION B1 PLAN FOR THE EXPANSION OF THE
KACHEMAK BAY CAMPUS OF THE UNIVERSITY OF ALASKA. - AND TO ADD BE IT FURTHER RESOLVED: THAT THE CITY COUNCIL
HEREBY WISHES TO GRANT THE UNIVERSITY OF ALASKA THE RIGHT OF FIRST REFUSAL ON THE SALE OF THE CURRENT
HOMER CITY HALL AND PROPERTY AND AUTHORIZES THE CITY MANAGER EXECUTE THE APPROPRIATE DOCUMENTS.
Mayor Cushing clarified with concurrence of the Council that this is Plan B1.
VOTE: YES: (Excluding items B., H., I., J., and K.) NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VISITORS
A. Senator Gary Stevens
Senator Stevens voiced his pleasure to be in Homer, before the City Council and gave a legislative update to the Council. He encouraged the Council to contact
him on any issues that they might have. He voiced a recognition for the tremendous work that the Council does for this community. He reported on his
involvement with the Salmon Task Force and the four or five pieces of legislation that passed last year to assist fishermen and processors. He commented about
looking closely at ASMI (Alaska Seafood Marketing Institute) to restructure it and bring it into the 21st Century and that the marketing is happening to assist
with the salmon industry. He introduced Jane Alberts, his staff member in the Homer LIO Office and encouraged anyone to contact her, adding that she has
been a tremendous asset to him to keep him apprized of what is going on in Homer. He commented on his great working relationship with Representative Paul
Seaton. The Senator reported on visiting the oyster farm, lauding that industry and product, interjecting that Council should be very proud of what is going on
across the Bay as well as here. He commented on the revenue sharing and the projects that have been lost across the state. He restated the Governor's promise
to cut another $250 million out of next year's budget, coming from departments and mostly personnel. He urged the Council to keep in touch and provide input
on how to work through this very serious problem. He shared the biggest concern that he has received throughout his district has been the longevity bonus cut,
noting that the problem is where to find the $40 million to plug into that program. Therefore, he said that he does not see the legislature overriding Governor's
veto, which would take three quarters of the legislature or, out of the twenty senators it would take fifteen and the Governor could always veto it again. There
are tough times in Alaska, just like in the rest of the Country. The Governor's attempts to raise the whole issue of resource development is very important.
Council comments and questions:
Not exporting raw resources, such as natural gas and to implement valued added products. DOL TAA ( Department of Labor, Training Adjustment Assessment) Re: Training Salmon Fisherman to seek other careers.
Market Alaska Fish, market the Cruise Ships that come along the Alaskan Coast to serve Alaska Salmon.
Sad to see Alaska's resource being attacked from outside.
Encourage the Seafood Marketing Council to work with all the cruise lines, especially the major cruise lines that are bringing several millions of people a year into Alaska. That all of the seafood served on the Cruise Ships while in Alaskan waters is Alaskan Seafood. This could be a win win situation.
Senator Stevens stated that Alaska needs to benefit from its resources. The Salmon Task Force has been working hard to increase and improve the quality of
Alaskan Salmon. The fish farms have done an amazing job of promoting fish, Alaskan fish is the best and Alaska needs to ensure that it is the highest quality
and maintain that quality. There are some good options. The cruise lines could be encouraged to do this. He noted that Alaskan Airlines is serving the Alaskan
Seafood. He commented that purchasing fresh oysters in Homer is really remarkable.
Mayor commented on the Coastal Policy Council, its reorganization, and about the Kodiak Island Borough and Kenai Peninsula Borough getting together
regarding drafts.
B. Debbie Poore, Crosswalks.
Debbie Poore informed the Council of the public's concerns regarding pedestrian safety, emphasizing the need for crosswalks.
Ms. Poore thanked the Council for the opportunity to update them on the crosswalk situation. She commented about the desire to work with the City and State and that the group she represents does not want to be a gorilla group. She commented about the City Clerk finding a 1998 memo from Hugh Bevan, then Public Works Director, to Val Koeberlein, then City Manager, discussing the history of pedestrian crossings in Homer:
In 1987 three crosswalks were painted across Pioneer Avenue in heavily used pedestrian areas. These were maintained by the City. Ten years later, 1997, a pedestrian vehicle accident occurred in one of the crosswalks. The investigation found that non of these crosswalks were protected by traffic signals or a stop sign. At that time the crossings were removed. The City had two traffic studies underway that were to include recommendations regarding pedestrian traffic. Three years later in June of 2001, Jennifer Edwards collected several hundred signatures on a petition asking the Homer City Council to work in conjunction with the State of Alaska Department of Transportation and Public Facilities to paint and enforce crosswalks in Homer.
Ms. Poore emphasized that two more years have gone by, since the 2001 petition, without safe crossings for pedestrians. She reported that in the past two
weeks her group of concerned citizens has painted three cross walks: Across the Sterling Highway at the Boys and Girls Club, across Pioneer Avenue at the all
way stop and across East End Road at Paul Banks Elementary School. She emphasized that with school starting up and the daylight hours decreasing there is
an urgent need for safe pedestrian crossings in Homer. She advised that the group has been talking to City and State officials to gain more background on the
larger issue of pedestrian rights and to straighten out much confusion and misinformation. She relayed conversation with Bob Laurie, Department of
Transportation Bicycle and Pedestrian Coordinator in Juneau, wherein she found out that Alaska does have a law giving pedestrians the right of way: 13 ACC
02.155, Pedestrian Right of Way and Safety Zones, The driver of the vehicle shall yield the right of way to a pedestrian who is on a sidewalk, vehicle way or
area or who is crossing the roadway in a crosswalk. She advised that upon further investigation she found, "every intersection is a legal crosswalk whether
painted or unpainted." She commented that, unfortunately, painting a crosswalk does not ensure safety for pedestrians, research shows that speeds must be
reduced, that the community must be educated on pedestrian safety and that the City must direct local police to enforce these cross walk laws. For over sixteen
years people have been trying to get crosswalks in Homer, people are losing faith and need the City Council to consider this an immediate priority. The
pressing concern is in safely crossing Pioneer Avenue, Lake Street and the Sterling Highway. The traffic paint that the group used is a short term solution. The
City is asked to have the crosswalks repainted, using regulation highway paint, high visibility green signs to mark the school crossings as at Paul Banks
Elementary, to temporarily mark those signs with orange traffic flags as speeds zones are marked on Baycrest. She noted that some towns indicate each
intersection and crosswalk with an amber colored street light. She relayed thanks to the City Council, staff and local law enforcement agencies for the support
shown this project, adding that no one wants a fatality and certainly not a child fatality. She thanked the Council.
Mayor Cushing voiced his, one hundred percent, support .
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS
A. Mayoral Proclamation, Payroll Week, September 1-7, 2003.
PUBLIC HEARING(S)
A. Ocean Drive Loop Bluff Erosion Control Final Assessments.
Paul Hueper, resident of the Ocean Drive Loop Area, stated that he wanted to, first of all, reiterate a thanks toward the City for extending themselves into a project that was complex and that took a lot of will to get it done, and teamwork to pull it together. He commented, as the Council knows, it is continuing to be complex. He voiced his wish that it was simple, done and that it could be sent down the road and on to the next item of agenda. He voiced his opinion that the process in and of itself was not mistakenly stepped into. A contract engineer was brought on board, a design build engineer with twenty eight years of experience, very qualified, no claims ever against him and if any mistake was made it was in trusting someone with a perfect record, an incredible record. He emphasized that he did not want the City carrying the burden of the; why did we do this, what role were we stepping into, what was the purpose of this, we over extended for too many members of the City in the wrong context. This is what the City is all about. He testified that "they" are asking the City to hold off on the assessments for the wall for various reasons:
1. There are some serious construction problems. This is obvious to those who have the wall beside them.
2. There are some flaws that were initially build into the wall that were not projected.
3. The engineer should have known what he was doing. He used the wrong type of material.
4. Within two weeks there was severe scouring took place. A wood skirt was added, not part of the original design and not fully engineered all the way through. The ramifications of the wood skirt are not known.
5. The design of the wall, it was pulled in too tightly around the corner and presents some serious problems.
Mr. Hueper voiced concern if there are ever any huge waves these will rip the wall out at the corner that is pulled in too tightly. He acknowledge the piling up
of rocks and that he does not believe this is a long term solution. He commented that there are various other issues. There was insurance that was built into the
original figure one million thirty nine thousand and seventy five dollars, that a figure of thirty thousand dollars was added into that and has been on the
spreadsheets that "they" received. According to Mr. Hueper this was calculated based upon eight hundred dollars per year considering the length of the Bonds
at a projected interest rate and was computed into the price of the wall. He told the Council that they have never really been given any information on
insurance, does not believe it has ever been purchased, but it is information that they need to know and that he sure would love to get it from the City. He
shared his concern regarding the maintenance of the wall, that it was brought up last spring within the context of the City Council meeting that they were
supposed to take care of the maintenance on the wall, okay, fine, if that is what it was, but very few of them know anything of what the maintenance is all about
and never received any information on it. He pointed out that they were informed that the wall was built correctly according to the specs that they had, that
there should be virtually no maintenance on the wall anyway. This is a structure that is immoveable and has no mechanical or moving parts and there is no
reason why there should be any maintenance on it at all, if it is constructed correctly. He asserted that he is left in the dark and asked, "What does maintenance
mean?" He informed the Council that they were promised a life time warranty and when Phukan Engineering was pushed to give a definition of life time, they
were told it is at least fifty years, but never saw anything in writing. He likened this to stepping out and buying a real expensive automobile and someone saying,
hey, you are on your own, no warranty and to go figure it out for yourselves. He reported that this is kind of what they got back in feed back and that he would
like this issue defined. Mr. Hueper commented about the unsettled litigation going on between Phukan Engineering and Lee Composites, that he does not know
where that is going nor the ramifications thereof to the City and so forth. He reiterated those issues are left unsettled, wondered where does this falls into flow
of this and that this is an issue that the City needs to work through. He urged the Council to postpone the assessment, take a further look at it, to not just wrap
this up and send it down the road, since there are some problems and issues that need to be dealt with Phukan Engineering.
David Lawer, maintains a residence here in Homer, testified that he and his wife do appear on the assessment roll for this project, and that in the notice of this
hearing there was map. Referring to the map, he pointed out that lot 17, that he and his wife own, is the eastern most lot included in the assessment district. He
voiced his presumption that their property was included in the district erroneously. He reported that the wall that was built extends to the adjacent lot, lot 16,
and there is no portion of the wall included to lot 17. He emphasized that they derive no benefit from the wall and that, as a matter of fact, the only
consequence of the wall having been built is that since it was built they have experienced erosion problems on the bluff in front of their residence that they had
not experienced in the past fourteen years that they have maintained a residence there. He stated that if this matter of including their property in the assessment
roll is not erroneous then it is indeed the most inequitable decision that he could postulate. He advised the Council that he is here to make his objection known
and added that at no time in connection with this process were he or his wife given due notice of the assessment methodology that would result in them being
assessed some seventy one thousand dollars for public improvement that does not benefit, in any way, the property they own or, for that matter, any property
within the vicinity. He stated that his written objection was submitted last Wednesday as part of the Council's packet and that he is here to testify or answer any
questions. He thanked the Council, noting that there were no questions.
Chris Newby, residew in the district, testified about his letter that is in the packet and that this seawall has some defective material that needs to addressed or
some design changes that have affected various property owners in different ways. He voiced his thought that there are some problems with the local
improvement district (LID) methodology in terms of the numbers and front footages and how these were added up. He noted that there are some issues
regarding funding, other funding sources and Homer Accelerated Roads Program (HARP) money, which was a part of the fiscal note attached to the
authorizing resolution. He commented that there does seem to be a number of fairly significant issues that need to be addressed before a final assessment is
authorized and confirmed. He voiced his hope that the Council would postpone any final confirmation of the assessment roll until each of these issues have been
thoroughly explored and resolved. He stated that these are the basic issues/concerns.
Don McNamara, Ocean Drive Loop Subdivision, testified that he would just like to say to the Council to hold off on the final assessment until the bugs are all
worked out of the project. He pointed out that it seems like the wood face is being eroded away, even, as he speaks and that he agrees with all of the comments
by his neighbors, and that they are right on the money. He thanked the Council.
Paula Dickey advised that they live at the end of the seawall project, which comes about half way across their lot. She advised that they live next to David and Betsey Lawer. She commented that they did send the Council a letter with their opinions and hoped that the Council would read it carefully, and that they have three major concerns:
That they are very unhappy that they are being assessed for a wall for the entire length of their property, yet the wall only goes across less than half way and are assessed eighty three thousand dollars.
That they feel that the City made a premature acceptance of the design builder, Phukan. Other property owners have provided input as to the problems that are occurring.
That they also feel very strongly that they have not even seen a fifty year guarantee.
She urged the Council to please consider this. She thanked the Council for helping to support the neighborhood, because they do have a problem and all are
very happy to try and resolve it.
Findlay Abbott testified that he and his sister, Gretchen, own two lots right in the middle of the project, adding that his is the notorious building hanging over
the edge. He objected to Resolution 03-67, noting Public Works acceptance of the Ocean Drive Loop Erosion Control project as completed. He emphasized
that the project is not complete, it is a fiasco, it is a classic engineering error and failure. He noted that, unless there is a very mild fall, parts of the seawall will
probably be breached and broken apart in two or three months, and that when the big westerly swells come with high tides all of the built up gravel and sand is
washed to the Spit, the plastic sheet piling below the wood guard boards will be exposed and subject to abrasion. He informed the Council that the plastic
below the boards is exposed in several places right now, plus the guard boards are being pushed out at the bottom and gravel forced behind these. He
commented that the City entered into a design build contract with an engineer, the engineer presented alternatives and strongly recommended the plastic sheet
pile, as a long term solution with low maintenance. He asserted that the engineer did not consider the problem of abrasion, although this question was raised
immediately. He noted that serious abrasion damage occurred even before the construction was complete, the wood boards covered areas where the integrity of
the wall has already been compromised by abrasion, there is bulging and uneven settling in the wall, the plastic material is not at all adequate for the job. He
reiterated that the engineer erred when he advised the use of the plastic, the engineer has an errors and omissions insurance policy, which should pay most of
the cost of this project, because now another seawall has to be built to protect this one. He stated that, about, one million dollars is needed to buy large armor
rock and perhaps sue (1) for the hundreds of thousands of dollars invested in backfill. He advised that for a relatively small additional investment the armor rock
wall could be moved two or three hundred feet out to the 1957 mean high water line, because it is a flat and stable boulder flats at that area. He commented
that the 1957 mean high water line is what is shown as the City's edge of the property and edge of City limits as shown on the map, interjecting that the maps
are way in error not showing the erosion at all. He suggested that in this way a fifteen or twenty acre public beach park could be created, with a coastal trail,
accessed from the end of Lake Street. He stated that he would like to relinquish all of his land seaward of the wall to the public and that the City should try to
buy the eleven acre tidelands piece owned by Petersons and Eneboe and in the meantime postpone action on the Resolution for two or three months to see if
there is even a wall left to convey. He thanked the Council.
B. Harrington Heights Water and Sewer Final Assessments.
There was no public testimony.
C. Rosebud Court Sewer Improvement/Assessment District.
Manfred Gaedeke lives in Rosebud Court on lot 20, voiced objection to the sewer improvement district (LID) for two reasons; 1. this project was defeated just
five or six months ago by about sixty percent, 2. all of a sudden the person in charge decided to just delete four or five parcels in this area. mostly those who
were opposed to the project at the beginning, and make another proposal. Mr. Gaedeke stated that he feels, his neighbor Mr. Hardin Terrell, was left out this
time around and two more parcels by Mr. Sanders, who requested that his be included and Council agreed. He voiced his assumption that he has the same
rights as his neighbors and that he wants to be removed from the LID or include everyone on Fireweed and Rosebud Court so everyone has a vote on this
project. He informed the Council that he will make a request in letter form to be removed from the LID.
Larry and Mary Marshburn, both sat at the public address table, however, only Mary Marshburn spoke. She stated that they own lots 16 and 17 and have a
DEC approved and working septic system and are opposed to the LID and will be filing letters of objections for both parcels. She commented about this being
the second attempt for formation and that the first attempt failed, changes were made to the boundary, like a smile with a half a dozen teeth missing. She stated
that it is as best its an odd looking district, at its worst gerrymandering and then she described the district boundaries. She reported speaking to Mr. Terrell,
who owns parcel 505 and had objected vociferously to being included in the first attempt at this sewer district and was excluded from this second effort. She
relayed being told that parcel 501 was not included because the parcel was not to be developed with a dwelling and would only have a horse and corral, which,
if true, noted that she objects to this reasoning. Mrs. Marshburn emphasized that they objected to being included in the district the first time that it was
attempted and did not sign the petition, and would have continued their objections if knowing doing so they could have been excluded from the future efforts.
She testified that they were not aware that additional input was necessary. She stated that they object to being included in the district now, adding that they
were not aware of the second attempt until they had a chance conversation with a neighbor. She reported investigating this with the City Clerk and confirmed
that there was another attempt, interjecting that this is a flaw in the system that needs remedied. She pointed out that they have not nor do they intend to
develop lot 16 and that if they ever sell their property the two lots will be sold as a single unit and that they have been discussing replatting it into a single
parcel. So, if lot 505 was not included because of earlier objection and lot 501 was not included because it is never going to have a dwelling, then, she
proclaimed, the precedence has been set for exclusion on those basis and they feel they qualify for those exclusions. She advised the Council, like others in the
neighborhood, one of them is retired, the other will retire shortly and their total assessment, not including the cost for hooking up, would run about thirty
thousand dollars and is not chump change and does not figure into their retirement budget. She advised that they have spoken to an engineer and that just
looking at the map it seems that the system is laid out with a combination of public right of way and then traversing across private land, which seems to be
cumbersome and probably not typical or preferable. Whereas, using public right of ways is a preferable method for system design. She pointed out that the line
could run down Fireweed, it could accommodate the lots north of Fireweed by gravity flow and lift pumps could be used for the south of Fireweed. She shared
with the Council that in talking with the neighbors it also appeared that there was some disinformation, some of the neighbors were told that even if the district
were successful they would not have to connect if they had a working system, however, in the material she got from the City Clerk on improvement districts it
says that connection is mandatory within one year of certification of the assessment roll. The law is the law and it says that connection is mandatory,
recognizing that there probably are not sewer police. She told the Council that they were very upset to learn about the second attempt at formation of this
district via the chance conversation with a neighbor. She voiced understanding the City Council has amended the formation process relatively recently,
however, does not think the Council went far enough. Mandatory notification is not required of property owners until the second phase, or this part of the
process. At a cost of thirty thousand dollars for assessment and then an additional five thousand or more for connection for their two lots is not a small amount
of money. For this kind of money, she emphasized, that she wants to know what is happening from the get go, which does not mean that she is necessarily
going to object and could save a lot of time and trouble in terms of guess or mis information and district formation if someone took out the petition and
sketched the boundaries out and that there were some provision for neighborhood or property owner notification.
Mrs. Marshburn reported that Wallace Watts owns lot 22 in the proposed district and has filed a letter of objection with the City Clerk and asked that she
convey his objections to the City. She further advised that Mark and Mary Edminster own 504 and were unable to attend tonight's meeting, she filed a letter of
objection today, and asked that their objections be conveyed.
Patty Shroy, lot 29 on the corner of Rosebud Court and East Hill Road, stated that Mary Marshburn said a lot of what she was going to say and that she voiced
some of the same concerns. Ms. Shroy voiced concern about the whole process and how, by happenstance, she found out what was going on and that it is
going to cost her about eighteen thousand dollars and that she would really like to know what she is paying for so that she can make an informed decision. This
district started out as twenty five parcels and now is twenty parcels. She questioned the reasons for certain parcels being taken out of the district, if those were
protestors, it made it easier for the petition to go through, or so it would appear and that she would like to be taken out as well. She informed the Council that
in the original petition, although she never saw the map, she was paying three thousand dollars less than in this district. She stated that she would like to see the
process changed to provide for greater property owner awareness and that she like the way the Planning Department notifies the property owners. She
reiterated some of Mary Marshburn's comments about the sewer line location. She pointed out that the Public Works Director is in this LID and stands to
benefit from these improvements. She questioned the assessment methodology change from square footage to equal shares per lot. She thanked the Council.
Mayor Cushing advised that the Public Works Director pretty much dances to the tune of the policies set by the City Council and that these policies have been
around for a long time.
Mary Sanders, she and her husband own five lots in the proposed district, commented about the notice to the Council showing only three of their lots being
included via Resolution 03-92. She noted that they had testified against the previous project, that she is concerned in how this present district has been
designed and that it does make more sense to do Fireweed and Rosebud Court altogether to benefit all of the people involved. She commented noticing that it
cost more for the smaller number of parcels than it did for the previous district with more parcels. She stated that they had been given no map of the re drawing
of the district after their two parcels were added and that is important on how this is done so people can let their wishes be known. She thanked the Council. In
response to Council inquiry she noted that the additional lots were six and seven.
Catherine Ariey, owner of the parcel on the east side of East Hill Road, noted that her comments are different from the former speakers and that she is in dire
need of help with her sewer. She reported speaking to Ron Drathman about a year and a half ago about her sewer problem and how she was trying to resolve
that problem and about the work of Paul Hodgdon digging and Don Bailey the plumber. She advised that her water well and septic system are too close
together, only twenty feet apart. She commented on her background in geology, being a single parent and part time gardener. She told the Council that there is
a significant amount of impermeable clay that would protect the well and there has never been any problems and that she has had the well tested about every six
months; however, the Department of Environmental Conservation has contacted her this past week reminding her that her property is uninhabitable. She
reported hiring an Environmental Engineer, Paul Voeller, to look at the lot. She emphasized the topography of her lot with canyons, that she has investigated a
bio system, that she does not have the potential of installing a septic system, however, that she could install a holding tank if she tears down all of the trees she
has. She informed the Council that the sewer pipe is at the corner of her lot, yet not so positioned that she could economically and reasonably connect. Ms.
Ariey stated that she very disparately needs to do something and would appreciate any help from the Council to alleviate this problem. She shared her negative
experience with the Department of Environmental Conservation.
Mayor Cushing suggested that her engineer talk directly to the Public Works Director regarding her need to hook up.
Ms. Ariey reiterated the difficulty of connecting with the topography, the canyons.
Mayor Cushing called for a recess at 8:58 p.m. and voiced conflict of interest with regard to Item D. therefore, will not return to the table until item E.
Mayor Pro Tempore Yourkowski reconvened the meeting at.9:12 p.m.
D. Ocean Drive Loop Sewer Improvement/Assessment District.
Chris Newby made two comments: That they are strongly in support of the sewer assessment district, that it will help alleviate some of the problems that
caused some of the erosion on the bluff and will help clean up the neighborhood. He noted that two years ago he provided the City Council with written
testimony regarding financing and a cost sharing formula, which is a fairly detailed analysis of why it is necessary to change the costs sharing formula and that
there are adequate funds to continue the old seventy five percent for City and twenty five percent for the property owner. He commented that over the last
couple of years, as he understands it, that sales tax is up and project costs on LIDS are in line or below estimates. He emphasized and maintained that there is
more than adequate money to build and maintain water and sewer infra structure under the old formula. He clarified that he is not objecting to what they have
to pay and that it is still a good bargain. He voiced his belief that a more equitable sharing of costs could be achieved and that he would be happy to resubmit
the information if anyone is interested. He thanked the Council.
Councilmember Ladd said that he would like to see the information.
Skip Richards thanked the Council for taking their testimony, adding that he lives the in Oscar Munson Subdivision. He voiced his support for putting the sewer
into the subdivision, that he has a working septic system, however, has some concerns. He stated that he has been kept fully informed. He commented about his
lot and that the proposed sewer line, as engineered, goes right through his and his two neighbors lots and the way it is engineered would go right through his
green house, destroy his studio, probably tear out his car port and destroy all of the trees he has left. He asked that the Public Works Director run the sewer line
down the road instead of through their lots. He voiced an understanding of the sewer line requirements, however, from the end of the trunk line to the dip in the
roadway it is at least flat if not falling. He suggested that placing the line in the roadway should save some costs, if the three owners of the three lots wherein
the line is proposed to run through have to put in a lift station to get up to the sewer line that is fine, they do not want to destroy their lots and they will not
grant an easement to the City to run a sewer line through their properties. He stated that he just wanted to let the Council know that and that they support the
sewer improvement district one hundred percent even though they have working existing septic systems and feel that it would be better for them and for the City.
Bryon Anderson advised that he and his partner, Monica Chase, own the triangular lot on Parson Lane and that the drawing shows the sewer main going down
the west property line, which is just under three hundred and fifty feet. He reported talking to a few people at Public Works who apparently indicated that it
was going to be at least ten feet of his property that the City would need. He pointed out that this is a heavily forested area and would make it extremely
difficult to even work there. He stated that strictly because of that section of sewer he and Monica strongly object to the sewer LID, the north and south lay of
the line, but that they are not against the entire project since it would be a good thing. He acknowledged that it is a gravity fed system and near that property
line there is a low area, which is not on the property line and is a concern of his. He noted that there are other low spots and that he is sure there is another way
of looking at this such as running the lines a little deeper on the roads for easier access and what not.
Valerie Connor, lives in the Oscar Munson subdivision, voiced concerns with the way this LID is being drawn up and like her neighbors feel that the lines do
not make sense, acknowledging that the City is trying to do the gravity feed thing. She suggested that by the time the City goes back and forth and back and
forth that, if there does need to be a pump station, maybe it would be worth just putting one in. She shared her concern about how the assessments have been
made, there are a lot of people in that subdivision who have numerous lots, which is part of what makes this area so special in that it is not super developed.
She informed the Council that there are a lot of live trees in this area and that she would like it to stay that way and hates the idea of a fifty foot swath going
through to put in a six inch pipe. She voiced her opinion that there has to be a better way to do this. She expressed feeling for the neighbors who have seven
lots with no intention to develop and have done this over the years to have some open space and now will be charged seventy thousand dollars for a toilet,
asserting that this is not fair. She said that she would really like to go back to the drawing table, see if there is a more equitable way to assess the values, also to
draw the line differently of where the sewer is set to go and see about doing a better job. She thanked the Council.
Paul Heuper, resident in the LID, testified in favor of the district coming in. He reported that when he initially bought the property he had assumed that he had
City sewer, a bad assumption on his part, he knew that he had City water and was very shocked to find out that he actually had a septic tank, which took him
about two months to find out. He stated that the thought the area a very desirable place to live, close to being in town, an environmentally sensitive area with
wetlands being surrounded by the property. He expressed his excitement about having sewer brought in, in order to take care of what, he thought, should have
been there a while back and that it is a great solution. He reiterated comments about this being a very affordable project and well engineered. He commented
that he is not very up on the best route to get this down through to the sewer main that the LID needs to connect to, nevertheless this is a very desirable
project.
Mayor Cushing returned to the table and received the gavel from Mayor Pro Tempore Yourkowski at 9:24.5 p.m.
E. Ordinance 03-42, Of the City Council of Homer, Alaska, Authorizing the Transfer in an Amount not to Exceed Three Hundred Thousand Dollars
($300,000.00) from the Homer Accelerated Water and Sewer Program (HAWSP) for the Water and Wastewater Master Plan and Authorizing the City
Manager to Execute the Appropriate Documents. City Manager, Public Works. Fiscal Note: Funded from Acct. 153 (HAWSP) to Expenditure Acct. 215-378.
(First Reading 08/11/03, Public Hearing and Second Reading 08/25/03.)
There was no public testimony.
KRANICH/LADD - MOVED FOR THE ADOPTION OF ORDINANCE 03-42 BY READING OF TITLE.
The maker and second noted that with the cutting of state funds to get this much needed Water and Sewer Master Plan the City was going to have to fund the project.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
F. Ordinance 03-47, Of the Homer City Council, Amending Homer Code Chapter 5.28, by Adding Subsection 5.28.040, Definitions, to Include a Definition
for Firearm. HPD. City Manager. (First Reading 08/11/03, Public Hearing and Second Reading 08/25/03.)
There was no public testimony.
KRANICH/STARK - MOVED FOR THE ADOPTION OF ORDINANCE 03-47 BY READING OF TITLE FOR SECOND AND FINAL READING.
Councilmember Kranich stated that this definition is directly from state law.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
G. Ordinance 03-48(A), Of the Homer City Council Amending Homer City Code Section 1.24.040, Bylaws for Council Procedure, Subsection (d) Regular
Meetings, Time from 7:30 p.m. to 6:30 7:00 p.m. Beck. (First Reading 08/11/03, Public Hearing and Second Reading 08/25/03.)
There was no public testimony.
BECK/STARK - MOVED FOR THE ADOPTION OF ORDINANCE 03-48(A) BY READING OF TITLE.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
G.1. Resolution 03-118, Of the City Council Amending Council's Operating Manual, Section 3. Policies of the City Council, to Amend the Meeting Time for
Committee of the Whole, from 4 p.m. to 6 p.m. to 2:30 p.m to 5 p.m. Beck. Follows same schedule as Ordinance. Action will be taken under Resolutions.
There was no public testimony.
Action will be under Resolutions.
STARK/YOURKOWSKI - MOVED TO SUSPEND THE RULES TO MOVE RESOLUTION ITEMS B, B1, C AND CONSENT AGENDA ITEM H. TO
THE COUNCIL AT THIS POINT IN THE MEETING SINCE COUNCILMEMBER FENSKE HAS TO LEAVE AT 10:30 P.M.
This was done since Councilmember Fenske has to leave at 10:30 p.m., that enactment of Resolution 03-112(S) would take three quarters of the Council and
Council wanted certain items acted upon by the entire Council.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
H. Resolution Item B. Resolution 03-105(S), Of the City Council of the City of Homer Noting the Insufficiency of the Petition for Kachemak Drive Phase II Water and Sewer Improvements. City Clerk. (Pulled from August 11th agenda.)
H 1. Resolution Item B.1. To replace Resolution 03-105, Resolution 03-112(S), Of the City Council of the City of Homer Finding the Need to Create the
Kachemak Drive Phase II Water and Sewer Improvement/Assessment District and Setting the Date for Public Hearing as October 13, 2003. Stark. (Pulled
from August 11th additions)
Councilmember Beck voiced conflict of interest, being a resident and property owner in the district.
Mayor Cushing excused Councilmember Beck from the table. There were no objections voiced by the Council.
STARK/KRANICH - MOVED TO ADOPTION RESOLUTION 03-105(S).
STARK/FENSKE - MOVED TO SUBSTITUTE RESOLUTION 03-112(S) FOR RESOLUTION 03-105(S) BY READING OF TITLE.
Council discussed whether or not to move forward with the next phase of the LID process, since there were not signers of the petition equaling fifty one
percent of property value, as stated in the City Code. The need for sewer in the Kachemak Drive Phase II area was noted.
VOTE: (primary amendment) YES: FENSKE, STARK,
NO: LADD, YOURKOWSKI, KRANICH.
ABSTAIN: BECK
Motion failed
VOTE: (main unamended motion) YES: LADD, YOURKOWSKI, STARK, KRANICH, FENSKE.
ABSTAIN: BECK
Motion carried.
I. Resolution Item C. Resolution 03-110(A), Approving and Adopting a Memorandum of Understanding Between the City of Homer and the Homer Hockey
Association Regarding Collaboration of the Construction of a Proposed New Ice Hockey/Multi Purpose Facility. City Manager. Fiscal Note: Not addressed.
Memorandum 03-147, from City Manager Wrede, with the revised MOU with the Homer Hockey Association.
Main Motion is on the floor as amended. LADD/YOURKOWSKI - MOVED FOR THE ADOPTION OF RESOLUTION 03-110 BY READING OF
TITLE. Primary amendment 1. which passed: Added "as discussed" to the NOW THEREFORE
FENSKE/BECK - MOVED TO AMEND RESOLUTION 03-110(a) TO REFLECT THE CHANGES OF AUGUST 19, 2003, MEMORANDUM OF
UNDERSTANDING ON PAGE 221 OF THE PACKET.
This amendment to be inserted into the NOW THEREFORE BE IT RESOLVED clause to read, that the Homer City Council hereby approves and adopts
the attached Memorandum of Understanding, dated August 19, 2003, between the City of Homer and the Homer Hockey Association and incorporates it
herein by reference as discussed.
VOTE:(primary amendment 2.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Council discussion included:
This facility will be an asset to the City and something that the City will be grateful for.
It will cost money.
Much of the Hockey Association money goes down the road, would stay here with this facility and this facility would attract enthusiasts and teams from Soldotna, fill the motels and increase sales tax revenues and may more than make up for some of the budget short falls that this project will have as far as maintenance, operation and depreciation.
The City of Soldotna reports that their skating rink is a tremendous capital investment of which there is not a whole lot of return on the equity other than real good quality of life, which then starts generating dollars in town.
Costs Soldotna $150 per hour with the management of the Ice and they charge $100 per hour.
Management Contract in Soldotna is around eleven thousand per month of the six to eight months of operation.
HHA projects costs to be thirty thousand dollars for managing. The City of Homer is able to save a tremendous amount of money through the partnering with the HHA. It will cost the City time and effort and a few moments of anxiety. The outcome will be a healthy quality of life and the City will break even.
The benefit will be that Homer kids will be here and not traveling. There was concern expressed about traveling accidents and that this local facility will eliminate much of the travel.
KRANICH/LADD - MOVED TO ADD #8. THAT HHA WILL BE RESPONSIBLE FOR ALL MAINTENANCE AND/OR REPLACEMENT OF ICE
MAKING MACHINERY
This clarifies the agreement between the City and HHA and should be stipulated in the agreement.
Ron Alderfer, Project Manager for the Ice Rink Facility, stated that HHA assumes that they will be responsible for operating and maintaining the facility, for
when they make ice including the Zamboni machine and its repair and ultimate replacement.
Councilmember Kranich questioned the following from the MOU:
Item 2 under HHA responsibilities: HHA will assume primary responsibility for the facility plan, including its design, engineering and construction, but not including items 5, 6 and 7 under Duties and Responsibilities of the City of Homer. HHA will also assume primary responsibility for permitting activities.
Item 3. under City responsibilities: The City will assume primary financial management responsibility for all aspects of the project. This may include, but is not
limited to, holding and investing funds dedicated to the project, management of construction contracts, M&O costs, insurance, staffing, utilities, depreciation,
and related items.
This will be added as a number eight under HHA responsibilities, that HHA will be responsible for all maintenance and/or replacement of ice making machinery in the Memorandum of Understanding.
VOTE: (primary amendment 3.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
In response to the questions by Councilmember Kranich on Items 2 and 3, Mr. Alderfer stated that HHA has been in the process of merging efforts and that this
can be agreed upon, HHA and the City will be working together to raise funds, clarifying the language is appropriate and through this MOU the HHA and City
can work out an arrangement that is mutually beneficial to get the job done. On behalf of HHA he stated that they are prepared to take their share of the responsibility.
City Manager Wrede relayed his conversations with HHA regarding finances and that the City and HHA could go either way with regard to the management of
money.
Mr. Alderfer commented that the early intent was that HHA would be responsible for construction, noting that the committee will be discussing these things
along the way.
Councilmember Fenske stated that he believes it was the intent of the City to have as little to do with the project as possible, yet with the financial involvement
there needs to be some oversight by the City.
City Manager Wrede commented about some of the flexibility written into the MOU and noted that the facility is ultimately a City building and therefore, the
City will be responsible for depreciation, maintenance and all of those things down the road. It was assumed that the Council would want some checks and
balances.
Councilmember Beck stated that this is essentially a prenuptial agreement, which are hardly worth the paper written on and emphasized that the City Officials
and HHA reps are not going to be here twenty years from now. She stated that the City needs to be really clear, the MOU will have to be revisited and
reapproached, after the project is done the MOU will have to be reviewed and that the relationship between HHA and the City will have to be reestablished and
some the detail refined. She voiced her opinion that what the Council is doing tonight is an act of good will and that both entities are extending their hands and
saying that they can work together.
Councilmember Ladd pointed out that a MOU is not something that goes away. He noted the verbiage regarding the committee: A committee will be
established to review plans, designs, specifications, and budget and submit them to the City Council for approval. He emphasized that this does put the City
Council in the chain. He encouraged the Council to move forward on this MOU.
Councilmember Kranich objected to the use of Homer Accelerated Roads Program funds for the improvements to Waddell Way. (2)
NOW THEREFORE BE IT RESOLVED clause to read, that the Homer City Council hereby approves and adopts the attached Memorandum of
Understanding, dated August 19, 2003, between the City of Homer and the Homer Hockey Association and incorporates it herein by reference as discussed
and to be added as number eight under HHA responsibilities, that HHA will be responsible for all maintenance and/or replacement of ice making
machinery.
VOTE:(main amended motion) YES: BECK, FENSKE, LADD, YOURKOWSKI, STARK.
NO: KRANICH.
Motion carried.
J. Resolution Item F. Consent Agenda Item H. Resolution 03-120, Of the City Council of Homer, Alaska Awarding the Professional Planning, Architectural,
and Engineering Services for the Homer Public Library to the Firm of ECI/Hyer of Anchorage, Alaska in the Amount of $485,361.00 and Authorizing the City
Manager to Execute the Appropriate Documents. PWD. City Clerk. Fiscal Note: Budgeted in Acct. 151-722. Recommend adoption.
Memorandum 03-146, from Public Works as backup.
KRANICH/STARK - MOVED FOR THE ADOPTION OF RESOLUTION 03-120 BY READING OF TITLE.
Council clarified that the cost for the new library has been noticed as costing $3.4 or $3.6 million and now the current cost of the building is $3.8 million and
the overall cost of the project is roughly estimated at $5.7 million, if the figures are correct, so there has been a significant increase in the bottom line for the
entire project. This increase is due to the site improvements, furnishings, one percent for the arts, design and construction management and contingencies which
add almost $2 million, about $1.8 million. It was noted that the bids may come in lower and the costs may be reduced in the bidding process by making various
minor modifications. This will be a library, of which, all of Homer can be proud. Appreciation was voiced for the work of the Library Advisory Board and their
various committees, who will do a bang up job moving this forward. The benefits of having this Library far out way the additional dollars. Council hoped that
the actual costs will come in lower than the estimated $5.7 million. The Library has been at the top of Council's priority list for years and awarding this contract
is one step closer to getting the project done. Council commended the selection process.
FENSKE/STARK - CALLED FOR THE QUESTION.
VOTE: (call for the question) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion) YES: YOURKOWSKI, STARK, KRANICH, BECK, FENSKE, LADD.
Motion carried.
Councilmember Fenske left at 10:30 p.m.
Mayor Cushing called for a recess at 10:30.5 p.m., reconvening the meeting at 10:43 p.m.
ORDINANCE(S)
A. Ordinance 03-45, Of the City Council of Homer, Alaska, Accepting and Appropriating a Matching Grant of One Hundred and Twenty Seven Thousand
Three Hundred and Two Dollars ($127,302.00) from the Environmental Protection Agency (EPA) and Authorizing the City Manager to Execute the
Appropriate Documents. Planning. City Clerk. Fiscal Note: Revenue and Expenditure Acct. 151-387. (First Reading 07/28/03, Public Hearing and Second
Reading 08/11/03, Second Reading was postponed on 08/11/03 to when corrected grant information is received from EPA. )
LADD/YOURKOWSKI - MOVED FOR THE ADOPTION OF ORDINANCE 03-45 BY READING OF TITLE.
Council noted that this money is for training on GIS and for the purchase of the GPS, which will help with the steep slope development and ordinance issues.
The Bridge Creek Water Shed Mapping will be a part of this and City wide mapping.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
CITY MANAGER'S REPORT
A. City Manager's Report. (Updates and Followup, Proposed Budget Development Schedule, Administrative Assistant Holen/EDD Meeting Report, DOT/PF
Area Planner Rex Young - Letter/Resolution 03-77 Traffic Study, KPB Oil and Gas Liaison Bill Popp /Proposed Gas Line to Homer, Fashion Outlet Store
Mary Dempsey/HPD, Ruthe Schoder-Ehri/Crosswalks, Councilmember Beck/Appreciation for City Employees.)
City Manager Wrede asked for Council's direction regarding crosswalks. He was told to aggressively pursue the crosswalk implementation and enforcement.
He asked for the Council to authorize the expenditure of funds to "do it right".
Council input:
Get the crosswalks in n City streets, where appropriate, signs and flags.
Aggressively pursue crosswalks with DOT on state roads. DOT will be here on September 10, 2003.
Signs on every main entrance into town noting that pedestrians have the right of way and that it is clearly state law that pedestrians have the right of way whether or not in crosswalks.
Signs reminding drivers that pedestrians have the right of way.
Liability concerns should be addressed.
Crosswalks at controlled intersection. Stop sign(s) at an intersection is considered a controlled intersection.
Needs to be done in conjunction with the State.
Police Department enforce pedestrian right of way.
DOT permits were discussed. These may or may not be approved.
Traffic Study before putting in crosswalks is a good idea
Memorandum/Resolution come back to the Council for September 8, 2003 requesting crosswalks or establish crosswalks mutually and joint educational driver's ed program regarding pedestrian right of way.
Crosswalk locations at across Kachemak Way at Pioneer, Pioneer Avenue and Lake Street; Pioneer Avenue and Sterling Highway; Lake Street and Sterling
Highway.
Public Works Director Meyer provided some opinion.
The Newspapers were encouraged to give notice regarding pedestrian right of way in Homer.
Safety Island on Sterling Highway at the Islands and Oceans Visitor Center. Perhaps a boulevard scenario with full length landscaped island.
Tactic could be that if DOT does not address this by a certain date that the City of Homer and an engineer and will do a study and put in crosswalks.
City Manager Wrede commented on the Ocean Drive Bluff Erosion Control Project, aka, seawall, that the Resolution to finalize the assessment roll will not be
to the Council on September 8, 2003, that the property owner questions need to be responded to.
Council concurred with the Manager taking time to address the issues.
City Manager Wrede advised that the City is moving forward with the bonding.
COMMITTEE REPORT
A. Memorandum 03-141, Fenske Report on UA Kachemak Bay Campus Board Meeting.
No discussion.
PENDING BUSINESS
None scheduled.
NEW BUSINESS
A. Consent Agenda Item I. Memorandum 03-142, from City Clerk, Re: Councilmember Fenske Travel Authorization to UA Board of Regents
Meeting September 17 and 18, 2003. Fiscal Note: Budgeted in Accts. 100.5236 and 5237, 100. Recommend approval.
STARK/YOURKOWSKI - MOVED TO APPROVE.
Council discussed this in light of budget impacts and that AML is in Nome this fall. The preference was to send the City Manager, who also has a residence in
Anchorage, for the cost reduction/less budgetary impact, although there was no doubt by the Council that Councilmember Fenske would be a good
representative for the City to the Board of Regents. Council expressed opinion that this is more of the City Manager's role, than a Councilmember. Council
further commented that sending the City Manager may assist in mending bridges with the City's relationship with the College, which is strained at best.
VOTE: YES: BECK, YOURKOWSKI, STARK.
NO: LADD, KRANICH.
Motion failed.
City Manager Wrede is to attend.
B. Consent Agenda Item J Memorandum 03-143, from City Clerk, Re: Vacation of a Portion of a Twenty Foot Alley, Shown on Glacier View Subdivision No. 01(Plat HM 75-26) and Glacier View No. 19 (Plat HM 86-107), adjacent to Lots 3 and 4 block 5 (Plat HM 75-26) and Tract 6-A, A-1 and A-2 (Plat HM 86-107): within Section 20, Township 6 South, Range 13 West, Seward Meridian, Alaska; the City of Homer and the Kenai Peninsula Borough; KPB File 2003-153. Recommend Council voice non objection and consent.
STARK/LADD - MOVED TO APPROVE.
Concerns were raised by the Council that this vacation was not addressed by the Homer Advisory Planning Commission and noted the ambiguities in the
Borough Planning Commission report regarding the utilities.
YOURKOWSKI/LADD - MOVED TO AMEND MEMORANDUM 03-143 TO VOICE OBJECTION AND VETO.
BECK/STARK - MOVED TO POSTPONE TO SEPTEMBER 8, 2003 TO GET INPUT FROM THE PLANNING COMMISSION.
VOTE:(postponement) YES: STARK, BECK, LADD.
NO: YOURKOWSKI, KRANICH.
Motion failed on postponement.
VOTE: (primary amendment) YES: KRANICH, BECK LADD, YOURKOWSKI.
NO: STARK.
Motion carried.
VOTE:(main amended motion) YES: KRANICH, BECK, LADD, YOURKOWSKI.
NO: STARK
Motion carried.
C. Consent Agenda Item K Memorandum 03-144, from City Clerk, Re: Vacation of Botts Street, a Sixty Foot right-of-way and associated utility easements,
dedicated by Alfred Anderson Tract boots-Broshes Addition (Plat HM 85-19): within Section 19, Township 6 South, Range 13 West, Seward Meridian,
Alaska; the City of Homer and the Kenai Peninsula Borough; KPB File 2003-150. Recommend Council voice non objection and consent.
YOURKOWSKI/BECK - MOVED FOR THE APPROVAL OF MEMORANDUM 03-144.
Council commented that the Museum wants to vacate a lot line and combine the small parcels. There was a concern that this would leave four lots without
access. The Planning Commission did review the plat.
Planning Commission Chair Smith very briefly elucidated the Planning Commission's approval of the vacation and a separate action on the replat. He reported
that there are no lots left without access.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
RESOLUTIONS
A. Resolution 03-75, Of the City Council of Homer, Alaska Awarding the Professional Planning and Engineering Services Contract for a Water and Sewer
Master Plan to the Firm of Bristol Environmental and Engineering Services Corporation of Anchorage, Alaska in the Amount of $291,126.00 and Authorizing
the City Manager to Execute the Appropriate Documents. PWD. City Clerk. Fiscal Note: Budgeted in Acct. 215-378.
Memorandum 03-85, from Public Works as backup.
STARK/BECK - MOVED TO APPROVE RESOLUTION 03-75 BY READING OF TITLE.
There was no discussion.
VOTE: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Resolution 03-105(S), Of the City Council of the City of Homer Noting the Insufficiency of the Petition for Kachemak Drive Phase II Water and Sewer Improvements. City Clerk. (Pulled from August 11th agenda.)
Moved to Item H. Under Public Hearing. (Adopted.)
B.1. To replace Resolution 03-105, Resolution 03-112(S), Of the City Council of the City of Homer Finding the Need to Create the Kachemak Drive Phase II
Water and Sewer Improvement/Assessment District and Setting the Date for Public Hearing as October 13, 2003. Stark. (Pulled from August 11th additions.)
Moved to Item H.1. Under Public Hearing. (Failed)
C. Resolution 03-110(A), Approving and Adopting a Memorandum of Understanding Between the City of Homer and the Homer Hockey Association
Regarding Collaboration of the Construction of a Proposed New Ice Hockey/Multi Purpose Facility. City Manager. Fiscal Note: Not addressed.
Memorandum 03-147, from City Manager Wrede, with the revised MOU with the Homer Hockey Association.
Main Motion is on the floor as amended. LADD/YOURKOWSKI - MOVED FOR THE ADOPTION OF RESOLUTION 03-110 BY READING OF
TITLE. Primary amendment 1. which passed: Added "as discussed" to the NOW THEREFORE BE IT RESOLVED CLAUSE.
Moved to Item I. Under Public Hearing. (Adopted as amended.)
D. Resolution 03-118, Of the City Council Amending Council's Operating Manual, Committee of the Whole, to change the meeting time from 4 to 6 p.m. to
2:30 to 5 p.m. Beck.
BECK/KRANICH - MOVED TO ADOPTION RESOLUTION 03-118 BY READING OF TITLE.
There was a brief discussion.
YOURKOWSKI/LADD - MOVED TO CHANGE THE MEETING FROM 4 P.M. TO 6 P.M. TO
4 P.M. TO 5:30 P.M.
There was a brief discussion.
VOTE:(primary amendment) YES: STARK, BECK, LADD, YOURKOWSKI.
NO: KRANICH.
Motion carried.
VOTE:(main amended motion) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
E. Resolution 03-119, Of the City Council Approving the City of Homer 2003 Land Allocation Plan. Mayor and Council. Planning Commission.
Memorandum 03-149, from City Planner as backup.
KRANICH/LADD - MOVED FOR THE ADOPTION OF RESOLUTION 03-119 BY READING OF TITLE.
The following caveat was agreed upon by the Council through consensus:
10 acre parcel NW of Hornaday Park be reserved for future park lands.
Consider vacation of Lucky Shot Right-of-Way just North of the City lots designated for the New Library Site.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
F. Consent Agenda Item H. Resolution 03-120, Of the City Council of Homer, Alaska Awarding the Professional Planning, Architectural, and Engineering
Services for the Homer Public Library to the Firm of ECI/Hyer of Anchorage, Alaska in the Amount of $485,361.00 and Authorizing the City Manager to
Execute the Appropriate Documents. PWD. City Clerk. Fiscal Note: Budgeted in Acct. 151-722. Recommend adoption.
Memorandum 03-146, from Public Works as backup.
Placed under Public Hearing as Item J. (Adopted.)
COMMENTS OF THE AUDIENCE
Audience comments upon any matter.
There were no audience comments.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans was not present.
COMMENTS OF THE CITY CLERK
City Clerk Calhoun had no comment.
COMMENTS OF THE CITY MANAGER
City Manager Wrede had no comment.
COMMENTS OF THE MAYOR
Mayor Cushing very briefly commented on going to dinner with legislative folks on the Appropriations Committee that were in town and that the City did an
excellent job of hosting them and that they went on a tour of the Pratt Museum, South Peninsula Hospital and KBBI. He advised that they were very receptive
to the City and that they had commended the City Manager's staff.
COMMENTS OF THE CITY COUNCIL
There were no comments of the Council.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 11:56 p.m. The next Regular Meeting is scheduled for Monday,
September 8, 2003 at 7:00 p.m. The next Committee of the Whole is scheduled for Monday, September 8, 2003 at 4 p.m.
______________________
MARY L. CALHOUN, CMC, CITY CLERK
Approved: ________________________
1. Clerk's Note: Mr. Abbott had contacted the Clerk's Office and stated that what he said was "soon or" and not "sue for". In listening to the tape it could be either.
2. City Clerk note: Waddell Way (Post Office to Lake Street) is specifically listed under Group 1 Roads, for reconstruction and strip paving in the HARP.