Session 01-04, a Regular Meeting of the Homer City Council was called to order at 7:30 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.
Two Worksessions were held: Worksession called to order at 3:39 p.m. on Ordinances 01-03, 06 and 09 and any corresponding Resolutions, adjourned at 5:22 p.m. Worksession called to order at 5:39 p.m. with the Council and Advisory Commissions/Board regarding Land Allocation/Use and the proposed Land Bank Ordinance (Parks/Recreation, Planning and Port/Harbor Commissions and Library Advisory Board.), adjourned at 6:54 p.m.
PRESENT: COUNCILMEMBERS: CUE, FENSKE, KRANICH, LADD, MARQUARDT, YOURKOWSKI.
STAFF: CITY MANAGER DRATHMAN
CITY CLERK CALHOUN
CITY ATTORNEY TANS
FINANCE DIRECTOR BAUGH
PORT/HARBOR DIRECTOR ABBOTT
PUBLIC WORKS DIRECTOR MEYER
AGENDA APPROVAL
(Addition of items to or removing items from the agenda will be by unanimous consent of the Council. HCC 1.24.040.)
Approved by Consensus with the following changes: ADDITIONS - A. Public Hearing, Ordinance 01-06, attached Resolution, addition of backup information and Substitute pages 120, 123 and 125.
B. Public letters about Ordinances 01-03 and 01-09.
C. City Council Unapproved Regular Meeting Minutes of February 12, 2001.
D. To Ordinance 01-09, a Resolution of clarification and intent.
DELETION - A. Resolution 01-07.
SUBSTITUTION - A. Resolution 01-08
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Frank Griswold addressed the Council regarding Item E. on page 23 of the packet, Request for an Executive Session for the City Attorney's analysis and recommendations concerning pending court cases. He voiced his opinion that this sounds like general legal advise and does not meet the criteria as a legal basis for an Executive Session under the terms of the OMA. He advised that Gordon Tans, the City's Attorney, has posted a guideline on his website about the criteria for Executive Sessions and read some of this into the record. He noted that the City Attorney has pointed out on his website that the agenda item for an Executive Session should explain why the matter legally qualifies as a legitimate item for an Executive Session. Mr. Griswold pointed out that none of these recommended phrases were used in the Council's agenda item. He inquired why this executive session is necessary. He commented about an April 10, 2000, Memorandum 00-22, Executive Session regarding litigation that has no mention of the case subject and clearly violated the Open Meetings Act. Mr. Griswold relayed a lot of history regarding the two cases he is involved with, pointing out how these cases got to their current status and what the courts have said about these cases. He made comments referring to Ordinance 92-18, that he called spot zoning, that including additional lots sets a precedence on Pioneer Avenue and that this Ordinance was ultimately invalidated; and on Ordinance 98-9A, that this was done to assist Guy Rosi, that it did not include any whereas clauses for justification, and pursuant to Memorandum 98-93 the Planning Commission had recommended the Council not approve this Ordinance. Mr. Griswold asked the Council to request the City Attorney to tell them the public purpose of Ordinance 98-9(A). He read an opinion of Profession Michael Chandler, into the record, citing reasons to repeal Ordinance 98-9A. He stated that if the purpose for changing the zoning code, which it is not noted with no whereas clauses, then it probably should not be changed. He read suggested whereas clauses submitted to the Planning Commission, a letter by Planning Commission Chair Gannaway to City Manager Swackhammer in 1992, and portions of a memorandum and statements by the court. He stated, earlier in his comments, that the City Attorney had suggested the challenge of spot zoning could be avoided if the City included a larger land area. According to Mr. Griswold that is why the library lot and about seven other acres, in addition to Guy Rosi's property, were added. He commented that the City describes the Town Square as the City's living room and it was not envisioned that the Town Square would have auto body paint shops, auto salvage yards and car lots in the middle of its living room. He read a statement that Councilmember Fenske had made at the last meeting (1) regarding the Scenic Byways Program and his concern that without some planning the City may look back and say, "How could we have prevented this from happening and how can we now resolve the problem?" He urged the Council to use their authority to repeal Ordinance 98-9A.
Glen Seaman, Manager of the Kachemak Bay Research Reserve (KBRR), advised that he will be present to answer any questions when the Council addresses Resolution 01-11.
David Raskin, Vice President of the Board of Directors for the Center for Alaska Coastal Study and a member on the Environmental Monitoring Committee on the CIRCAC and the Fish and Game Advisory Committee for Homer, urged the Council to support Resolution 01-11 and Councilmember Yourkowski's amendment. He gave some background regarding the KBRR in the development and adoption of the final management plan for the Kachemak Bay National Estuarine Reserve and that it played a very important role in shaping that management plan. The management plan has the support of groups that have educational and scientific interests in research in this area. The groups include the Center for Alaskan Coastal Studies, Cook Inlet Keeper, the Kachemak Bay Campus, the Pratt Museum and others. The plan includes the implementation procedure. Resolution 01-11 deals with a proposed facility for the purpose of obtaining funding for that proposed facility and is a very worthwhile project. The amendment will add verbiage to make the Resolution consistent with the management plan.
Michael Hawfield, Director of the Pratt Museum, encouraged the Council to adopt Resolution 01-11 and the amendments. The Scientific Station will complement the work of the National Estuarine Research Reserve (NERR). The amendment is necessary to note that this facility will operate in accord with the management plan and consistent with the local groups involved in the management plan. He noted the work of Mr. Seaman and Councilmember Yourkowski on the wording to create a broad based community involvement.
Brad van Apple, Program Director with Cook Inlet Keeper, reiterated what Dave Raskin and Michael Hawfield just said. He noted that Cook Inlet Keeper is very supportive of the Science Center and encouraged the Council to adopt this Resolution and the amendment.
Pete Roberts, President and Chairman of Citizens Concerned About Annexation, briefly commented on the Ordinances coming up about water. He stated that there has been a great deal of anxiety stirred up and Homer is becoming a very undesirable place to be. He voiced his opinion that this action on the water is unnecessary and not the answer.
Bob Keyes commented on the Executive Session and the case he is involved in regarding his pile of chips on East Road. He commented on the history of the pile of chips and his present situation including the right-of-way matter and negotiations with the DOT about the project on East Road. Mr. Keyes asked the City to hold the case in abeyance until he is done with negotiations with the state and that he will move the chips in a reasonable amount of time as soon as he decides where he is going to move the house, at that same location on East Road.
Bob Cousins advised that the point he wants to make, at this time, is consistent application of any laws, rules and regulations that have been contrived to be applied equally to everybody. He voiced his opinion that everyone knows this does not happen in Homer. He pointed out that he has always advocated this form of government and that he feels like a "pit bull on the pant leg of opportunity", because this is the time that such issues as self interest and equal application of all the rules and regulations need to be discussed. He commented about the lawsuits that will have to pile up. He commented about the construction that was stopped in the middle of town due to no permits acquired. In the Marine Industrial zone, where he lives, where the City made a big pile of tar that drains into his lagoon, a large amount of filling was allowed beside the Fishin' Hole without a COE permit. He voiced his opinion that there is an obligation to make sure that there is consistent enforcement of the rules and regulations and applied equally to everybody or the rules and regulations mean nothing. He reported that he was told by a former City Planner that he could do whatever he wanted out on the Spit, because the City does not enforce anything out on the Spit. He voiced his resentment of that kind of entrapment more that the Council may ever realize. He stated that this type of treatment happens everywhere in the City, some people can and some people can't. This will end up in the City paying more and more attorneys. He advised that this preferential treatment, no equal protection, is contrary to the 14th amendment, which he holds very dear as should the Council. He hoped that the Council would assist in changing this inequality issue.
Jon Faulkner, Manager of Lands End, commented on Memorandum 01-12, adding that he will refrain from innuendo, any personal references, and will try to stick with the facts. He brought the Council up to speed with discussions he's had with Carey Meyer, which have been progressive, constructive, cordial and certainly moving in the right direction. He voiced his opinion that an addendum issued to the Dock contract was not satisfactory and if the noise issue is going to be resolved it is going to take Council action. He advised that Mr. Meyer indicated that after the bids were received there would be ample opportunity to resolve the noise issue and it is better treated with City dollars than with contract dollars. He pointed out the facts that Lands End likes to consider itself a contributing member of this community: Employs one hundred people and believes it is the largest employer in the City. Paid $180,000 in sales tax last year. Paid $60,000 in real property tax to the City last year. Paid over $1 million in payroll last year. Lands End does a pretty darn good job. He commented that February 15th there was an article in paper that addressed this dock controversy and there was a statement by the City Manager that Lands End should have foreseen this construction project and should have closed or considered closing. Mr. Faulkner commented that there is a lot of talk in this town about unfriendly business attitude and that starts at the top. He advised that the last information he has on the dock project schedule is from Hugh Bevan. He commented about the impact to Lands End business, the loss of business, impact to planned events at Lands End and the impact to the morale of his crew.
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.)
Mayor Cushing asked if the Council wanted to pull any items before he read the Consent Agenda. Councilmember Yourkowski requested that Item E. be placed under Resolutions as Item C.
A. Added. Homer City Council regular meeting unapproved minutes of February 12, 2001. Recommend approval.
B. Ordinance 01-10, Of the City Council of Homer, Alaska Accepting and Appropriating a Matching Grant of $68,227.50 through the State of Alaska, Department of Transportation and Appropriating the City's Match of $6,772.50 for an Update to the City's Transportation Plan and Authorizing the City Manager to Execute the Grant Memorandum of Understanding. City Manager. PWD. Account for Revenue and Expenditure: 151-739. Recommend adoption for first reading and setting the date for public hearing and second reading as 03/12/01.
C. Resolution 01-09, Of the City Council of Homer, Alaska Amending the Parks and Recreation Advisory Commission Bylaws. City Clerk. Recommend adoption.
D. Resolution 01-10, Of the City Council of the City of Homer, Alaska, Requesting FY02 Safe Communities Funding from the Department of Community and Economic Development and Agreeing to Use this Funding Pursuant to AS 29.60.350(c). Recommend adoption.
E. Resolution 01-11, Of the City Council of the City of Homer, Alaska Supporting the Construction of the Kachemak Bay Science Station on the Refurbished Main Dock. Yourkowski. Recommend adoption. Pulled and placed under Resolutions as Item C.
F. Memorandum 01-10, from the City Clerk, Re: Request for Executive Session with the City Attorney for his analysis and recommendations concerning pending court cases: (1) Fuller v Homer, (2) Griswold v Homer (3) Griswold v Homer and COB Inc., (4) Homer v. Meyers, (5) North Star Terminal & Stevedore v. Homer, (6) Arno v. Homer and (7) Homer v. Parsley and Parsley Family, Inc. Recommend approval.
G. Memorandum 01-11, from the Mayor, Re: Appointment of Tim Daugharty as Full Member to the Parks and Recreation Advisory Commission and Kim Greer as His Alternate; and Jacob Szajkowski as the Student Consulting Member on the Parks and Recreation Advisory Commission. Recommend confirmation.
H. Memorandum 01-12, from Kranich & Ladd, Re: Request for Executive Session Pursuant to AS 44.62.310(c)(2), Subjects that Tend to Prejudice the Reputation and Character of any Person. Evaluation of the City Manager's Recent Conduct Recommend approval.
FENSKE/CUE - MOVED FOR THE APPROVAL AND/OR ADOPTION OF THE RECOMMENDATIONS OF THE CONSENT AGENDA.
Item E. placed under Resolutions as Item C.
VOTE: YES: CUE, FENSKE, LADD, YOURKOWSKI, MARQUARDT, KRANICH.
Motion carried.
VISITORS
ANNOUNCEMENTS/PRESENTATIONS/ BOROUGH REPORT/ COMMISSION REPORTS
Kenai Peninsula Borough Assemblyman Moss advised that the Assembly is going to Washington D.C. on a lobbying trip and will carry the Homer CIP document. The Borough has started their budget process and Assemblyman Moss encouraged input from the Council and the public.
PUBLIC HEARING(S)
A. Ordinance 01-03, Of the City of Homer Amending City Code 14.08, Provisions Relating to Resale of Water and Water Filling Station. City Manager.(First Reading 02/12/01, Public hearing 02/26/01, Second reading 03/12/01.)
A.1. Resolution 01-, Of the City Council of the City of Homer, Alaska, Amending the City of Homer Fee Schedule Regarding Water Rates for Bulk Water/Resellers of Water. City Clerk.
A.2. Resolution 01-, Of the City Council of the City of Homer, Alaska, Amending the City of Homer Fee Schedule, Water Rates, to Add a Section Regarding End Users, for Residential Units and Commercial Structures. City Clerk.
Mayor Cushing advised the public of some proposed amendments by the Council during the worksession at 3:30 p.m. today:
Frank Griswold, referring to pages 46 and 47 of the packet, voiced a curiosity as to why the Board of Appeals procedure for a decision made by the City Manager, when there is a Board of Adjustment procedure for a decision made by a board or commission. He suggested that there could be just a Board of Appeals for all matters. He voiced his dissatisfaction for the title, Board of Adjustment. He commented about the two different procedures. He pointed out that in section 6., 14.08.150(d), line 225, that this allows for oral arguments, yet oral arguments are not allowed in a Board of Adjustment. Mr. Griswold indicated that he liked the oral arguments and is not in favor of simultaneous briefing by the parties, because this does not allow for any reply brief. He pointed out that the Council recently amended the Board of Adjustment procedures to allow for simultaneous reply briefs and that he disagrees with this procedure. He encouraged the Council to adopt the same procedure that the court system uses. He commented on line 232, page 47 about the electronic recording and the deliberation in Executive Session. He stated that the wording is ambiguous and that all meetings, including Executive Sessions, should be recorded. He urged the Council to amend this procedure. Mr. Griswold noted some of the reasons for recording Executive Sessions from the City Attorney's website posted guidelines:
There is no statutory requirement to make minutes or a recording of the discussion in Executive Session.
At least one Superior Court Judge observed that one of the reason he was unable to determine whether or not an Executive Session was legal was that there was no recording.
Some public bodies do record Executive Session and the tapes are not released to the public.
Recording Executive Sessions will make it easier for the Court to decide whether the session was properly limited to Executive Session subjects. If not properly conducted the recording will also prove a challenger's case. If not recorded it may be harder for the government to prove it was done properly. In the absence of a record of what was discussed a Court might refuse to uphold an otherwise proper Executive Session.
Recording Executive Sessions may remind the body of their obligations under the law and may actually serve to prevent violations of the Open Meetings Act. While most members want to faithfully and legally perform the duties of public office, those few that are not motivated to do so, may be motivated by the knowledge that their words are being recorded. Attorneys and public officials in this state disagree on whether or not to record Executive Session.
Considering both the advantages and disadvantages of recording Executive Sessions it is this author's, Gordon Tans, recommendation that such sessions be recorded. Based on the belief that most public bodies are trying to comply with the law and perform their duties in good faith and to the best of their abilities. Such recordings will more often than not justify the Executive Session.
Mr. Griswold stated that his question is if the Council's intent is to comply with the law and all of them are performing their duties to the best of their abilities then they should take their Attorney's advise and record the Executive Sessions.
Eric Peterson testified about the number of end users or end user equivalents that are calculated as follows: Single family, duplexes and triplexes as one structure. He voiced his opinion that this should be the same as four 00plexes, and so on, that get charged by the unit, which is only fair.
Lloyd Moore, Co-owner of Quick Draw Water Service, testified about end user charge of $10 and the reporting of the number of end users. He pointed out that the end user fee is supposed to cover the meter fee, which is already collected through a surcharge. He reminded the Council that he and the City spent a lot of money arguing about the surcharge, with the determination that it does cover the meter type fee. He advised that if he takes what he pays for water and all the water the City is going to sell for the next twelve months and put his number into it, it figures out that the City is only $100,000 short of covering the entire budget for water. He emphasized that he is the only user the City can do that with. If the City had just the 1,000 some, 5/8ths meter users and all they would pay and all the water and buy it at a commodity rate, the City would still come up $500,000 short. Mr. Moore stated that he needs the water, his customers need the water and there is no other source right now, nor does he want to put a source together. He commented that he likes it the way it is. He advised that his problem is that he needs to know that when he gets up in the morning he is going to be able to get water and he is not hearing that and that maybe he needs to find another source. He stated that it is a win/win situation with both the City and himself making money and providing a service. He commented on the annexation issue and that he tries to stay out of that. He voiced concern regarding the permit requirement for doing something he is already doing and the unknown cost of the permit. He expressed his opinion that when he received the right from the City for his Bulk Water Resale Station that was his permit and now the City is telling him it has the right to take this away from him, the infra structure he has built. He stated that he is no different than the Laundromat when in comes to reporting customers inside and outside the City and inquired if the Laundromat was going to have to do this reporting. Mr. Moore stated that he has always felt that who his customers are is his business, that upon being called he will advise the number of customers he has with approximate numbers inside and outside the City. He objected to having to report the exact number of customers every thirty days, which will take a lot of time. He relayed his frustration that every three years it is a different battle with the City. He stated that if he has to pay the $10 per head he will pay it, he has no choice, because the City has the water. Mr. Moore commented that, as the City Manager has told him, if the Manager wants to shut his water off, he'll shut his water off and if he wants to come in and audit his books he'll come in and audit his books. He stated that the City has lots of water to sell, that he is paying the City over $100,000 for water a year, in twelve years that is $1.2 million, which helps build the system and keep rates down for those connected to the system. He emphasized that if he is not buying the water the rates will go up. He relayed other information to support the fact that a surcharge already exists.
Rob Rosenfeld commented that it is disturbing if the City Manager actually said that he could shut the water off whenever he wants. He asked the Council to take a very close look at the City Manager and how he is exercising his power.
Mayor Cushing called for a recess at 8:43.5 p.m. reconvening the meeting at 9 p.m.
Bob Cousins pointed out that it is totally inappropriate for water to be used as a political tool and should not be used as a weapon. He noted that none of the proposals that he opposed this year have passed. He commended the City Council for its strength in resisting the oppressive kinds of legislation that have been proposed and this water issue is one of those kinds of matters.
Robert Keyes commented that he has good water, plenty of it, at a cost and is very glad to have it. He noted that there are about 20% of the people in Homer that do not have water or sewer and that they have been promised these utilities for about twenty years. Mr. Keyes recalled the penny's worth of sales tax that was supposed to be for furnishing water and sewer for people inside the City limits that don't have it and not a penny has been spent. He inquired what has happened to this money and suggested that there be an accounting of this money. He relayed a story from the Bible about the Jews owning the water and selling it to the Arabs, which resulted in a war with the end result being that the Jews could not own any land anywhere in the world. He stated that fighting over water is unnecessary and should not be a tool to make people do what we, City residents, want them to do. He voiced support for the water haulers, because they are providing a very necessary service. He stated that Council are the only ones that can solve this water problem and should not be trying to bamboozle people around.
B. Ordinance 01-05, Of the City Council of the City of Homer, Alaska Repealing Homer City Code 10.04.070, City Docks, Prohibited Usage. Kranich. (First Reading 02/12/01, Public hearing 02/26/01, Second reading 02/26/01.)
There was no public testimony.
C. Ordinance 01-06, Of the City Council of the City of Homer, Alaska Amending Homer City Code Chapter 3.16 Procurement. Finance. City Manager.(First Reading 02/12/01, Public hearing 02/26/01, Second reading 03/12/01.)
C.1. Resolution 01-, Of the City Council, of the City of Homer, Alaska Amending the Procurement Policy and Procedures Manual. Finance. Substitute pages 120, 123 and 125 and additional backup.
There was no public testimony.
D. Ordinance 01-07, Of the City Council of Homer, Alaska Appropriating $3,289.82 from the General Fund - Fund Balance for a Part Time Fire Department Position. City Manager.(First Reading 02/12/01, Public hearing 02/26/01, Second reading 02/26/01.)
Gil Mayforth voiced disagreement with hiring additional personnel and impacting the Fire Department Budget. He encouraged the Council to budget for volunteer incentive. He stated that how the Council invests its money does send a message to their volunteers.
E. Ordinance 01-08, Of the City Council of Homer Accepting and Appropriating a Reimbursement Grant of $10,000.00 from the State of Alaska Department of Transportation for Commercial Vehicle Safety Inspections and Authorizing the City Manager to Execute the Grant Agreement. City Manager.(First Reading 02/12/01, Public hearing 02/26/01, Second reading 02/26/01.)
There was no public testimony.
F. Ordinance 01-09, Of the City Council Amending Homer City Code Chapter 14.08 to State the Authority of the City Council to Limit or Terminate the Sale of Water for Export or Consumption Outside the City's Certificated Water Service Area. Mayor. Kranich. Yourkowski. City Manager. (First Reading 02/12/01, Public hearing 02/26/01, Second reading 03/12/01.)
ADDED Resolution 01- Of the City Council of the City of Homer to State the Current Policy Concerning Sale of Surplus Water to End Users Outside the City's Certificated Service Area. Mayor
Ann Marie Holen commented about the annexation controversy and that while living in Anchorage for eleven years she did not follow this very closely nor has she taken a position. She advised that Ordinance 01-09 does not give her a warm fuzzy feeling about the City and relayed that she initially did not believe that this Ordinance was real, hearing about it first on KBBI, and that it sounds like something to threaten and intimidate. The Homer News article did not allay her fears nor did reading the Ordinance. She emphasized that the Ordinance verbiage confirmed her initial impression and apprehension. She moved to her current home on Skyline with an out house, which she purchased in 1989, from a very nice home in Anchorage on the hillside with running water, washer, dryer and et cetera. She commented about the difference in winter weather. Ms. Holen noted that her water needs are modest and she does not want her water cut off. She rhetorically asked what is next. She stated that she is glad the City does not control the heating oil in this area and did not feel that this attempt to retaliate against those opposed to annexation is justification for this Ordinance. She urged the Council to ask themselves if this is part of the annexation disagreement and if so, that the sponsors reconsider their support and the Council vote against the Ordinance.
Scott Adams stated that when he lived inside the City limits he could not get water or sewer to his property and now that he lives outside the City and put a water tank in the ground. He stated that the language of the Ordinance really disturbs him as did Mr. Ladd's comments that this language may be what is wanted, but may not be the way the Council wants it done. To the Council, Mr. Adams pointed out that they are in charge of the City and people look at them as Homer's representatives. Mr. Adams stated that this language is not needed and looks like a political ploy for annexation, adding that he is against annexation. He suggested that if the City wants to go in the water hauling business and put Mr. Moore out of business, fine. He commented about the loss of Icicle Seafoods, but did not feel that the people in the outlying areas should have to make up for this loss of revenues. He pointed out that there is no shortage of water. He inquired if the system was built with federal and state money and if it was then does the City have the right to shut the water off.
Bob Cousins inquired if the City of Homer had acquired water rights to the Fritz Creek Water shed area, and if the City did then they are in trouble. It is one thing to state that one is out of water it is another to hoard water. He pointed out that this is a very divisive issue and unfortunate that it came up at this time and is not needed. He inquired about the disclaimer and the 30 day notice. He expressed his opinion that when water has been historically provided it cannot be legally cut off. The area is going to grow and if there is going to be a water distribution policy it needs to include the greater area especially considering the annexation. He voiced his opinion that people will drill wells before they will concede to something that they do not want.
ORDINANCE(S)
A. Ordinance 01-05, Of the City Council of the City of Homer, Alaska Repealing Homer City Code 10.04.070, City Docks, Prohibited Usage. Kranich. (First Reading 02/12/01, Public hearing 02/26/01, Second reading 02/26/01.)
KRANICH/CUE - MOVED FOR THE ADOPTION FOR SECOND AND FINAL READING BY READING OF TITLE ONLY.
Councilmember Kranich noted that this Ordinance is housekeeping.
VOTE: YES: KRANICH, CUE, FENSKE, LADD, YOURKOWSKI, MARQUARDT.
Motion carried.
B. Ordinance 01-07, Of the City Council of Homer, Alaska Appropriating $3,289.82 from the General Fund - Fund Balance for a Part Time Fire Department Position. City Manager.(First Reading 02/12/01, Public hearing 02/26/01, Second reading 02/26/01.)
KRANICH/FENSKE - MOVED FOR THE ADOPTION OF ORDINANCE 01-07 BY READING OF TITLE FOR SECOND AND FINAL READING.
Council stated that this is merely a fill in position and one of the conferences has been canceled that this position was needed for. The Council is mindful of the volunteers and giving budgetary consideration to volunteer incentives. It was noted that there is nothing to preclude any volunteer from applying for this job. This Ordinance appropriates funds from the General Fund - Fund Balance and not from the current budget and if not used will roll back to the Fund Balance at the end of the year.
VOTE: YES: MARQUARDT, KRANICH, CUE, FENSKE, LADD, YOURKOWSKI.
Motion carried.
C. Ordinance 01-08, Of the City Council of Homer Accepting and Appropriating a Reimbursement Grant of $10,000.00 from the State of Alaska Department of Transportation for Commercial Vehicle Safety Inspections and Authorizing the City Manager to Execute the Grant Agreement. City Manager.(First Reading 02/12/01, Public hearing 02/26/01, Second reading 02/26/01.)
YOURKOWSKI/CUE - MOVED TO ADOPT ORDINANCE 01-08 BY READING OF TITLE FOR SECOND AND FINAL READING.
Council voiced appreciation for the grant, support for these safety inspections and noted that positive feed back has been received from the Trucking Industry.
VOTE: YES: YOURKOWSKI, MARQUARDT, KRANICH, CUE, FENSKE, LADD.
Motion carried.
CITY MANAGER'S REPORT
A. City Manager's Report (Ice Crane Time, Amended Alaska Clean Water Fund Agreement for "Finance Charge Rate").
1. Proposed Harbor Expansion; Construction of New Harbor Basin.
B. Bid Report from City Clerk
Port/Harbor Director Abbott briefly reported on the proposed harbor expansion, advising that the Port/Harbor Commission has this item on their agenda for this Wednesday, February 28, 2001. A memorandum will be forwarded to the Council with the Commission's recommendation. In response to the Council, Mr. Abbott noted that there are several studies; environmental impact, reconnaissance and cost estimates.
Councilmembers Yourkowski and Marquardt expressed concern regarding this type of growth/development on the Spit. They also expressed concern about the infra structure that this expansion may require.
Councilmember Marquardt requested the fleet replacement schedule, old and current. He also relayed concern regarding the Kachemak Bay Multi Purpose Ocean Dock's tonnage capacity. He was assured that the capacity of the new dock will be sufficient.
COMMITTEE REPORT
A. Beach Policy Task Force
Councilmember and Task Force Co Chair Cue gave a brief report from the meeting of February 20, 2001 and that the Task Force is meeting at 7 p.m. tomorrow night, February 27, 2001, in the Council Chambers.
B. Water and Sewer Standards Committee
Councilmember and Committee Chair Fenske reported on the Committee meeting of February 22, 2001 and that the Committee is meeting this Wednesday, February 28, 2001 at 4 p.m. to finalize the assessment methodology Resolution either at 50% property owner/50% City share or 75% property owner/25% City share.
Councilmember and Committee Chair Marquardt reported that the Road Standards Committee will be meeting Monday, March 5th at 7 p.m. and one of the agenda items is the current City Transportation Study.
PENDING BUSINESS
NEW BUSINESS
Mayor Cushing recessed the Regular Meeting to Executive Session at 9:51 p.m. The Council returned to the Chambers at 11:53 p.m. and the Mayor reconvened the Regular Meeting 11:54 p.m.
FENSKE/MARQUARDT - MOVED TO SUSPEND THE RULES TO CONTINUE PAST MIDNIGHT TO FINISH COUNCIL'S BUSINESS.
VOTE: YES: LADD, YOURKOWSKI, MARQUARDT, KRANICH, CUE, FENSKE.
Motion carried.
A. Executive Session with the City Attorney for his analysis and recommendations concerning pending court cases: (1) Fuller v Homer, (2) Griswold v Homer (3) Griswold v Homer and COB Inc., (4) Homer v. Meyers, (5) North Star Terminal & Stevedore v. Homer, (6) Arno v. Homer and (7) Homer v. Parsley and Parsley Family, Inc.
Councilmember Marquardt stated that the Council met in Executive Session with the City Attorney, received analysis and some recommendations concerning these cases, and instructions were given as to his course of action regarding item A.
B. Executive Session Pursuant to AS 44.62.310(c)(2), Subjects that Tend to Prejudice the Reputation and Character of any Person. Evaluation of the City Manager's Recent Conduct Recommend approval.
Councilmember Marquardt stated that the Council met in Executive Session to evaluate the recent performance of the City Manager in dealing with current issues.
LADD/KRANICH - MOVED COUNCIL EXPRESS CONFIDENCE AND SUPPORT IN THE CITY MANAGER.
Council expressed appreciation to the City Manager.
FENSKE/ - REQUESTED UNANIMOUS CONSENT.
VOTE: NO OBJECTIONS.
Motion carried.
RESOLUTIONS
A. Resolution 01-07, Of the City Council of the City of Homer, Alaska Amending the Assessment Methodology for Water and/or Sewer Improvement/Assessment Districts to 75% Property Owner Share and 25% City Share of the Total Project Costs. City Manager.
PULLED FROM THE AGENDA.
B. Resolution 01-08(S), Of the Homer City Council Amending the Council's Operating Manual, Policies, to Include a Committee of the Whole Prior to each Regular Council Meeting. Fenske
FENSKE/KRANICH - MOVED FOR THE ADOPTION OR RESOLUTION 01-08(S) BY READING OF TITLE.
The Council voiced consensus to cancel Brown Bag Luncheons. The City Manager assured the Council that the necessary staff members will be present for the Committee of the Whole meetings
VOTE: YES: CUE, FENSKE, LADD, YOURKOWSKI, MARQUARDT, KRANICH.
Motion carried.
C. Consent Agenda Item E. Resolution 01-11, Of the City Council of the City of Homer, Alaska Supporting the Construction of the Kachemak Bay Science Station on the Refurbished Main Dock. Yourkowski. Recommend adoption.
YOURKOWSKI/FENSKE - MOVED FOR THE ADOPTION OF RESOLUTION 01-11 BY READING OF TITLE ONLY.
YOURKOWSKI/CUE - MOVED TO AMEND RESOLUTION 01-11 AS FOLLOWS: Delete last Whereas clause and add: Whereas, the development of the Kachemak Bay Science Station will use part of the old pier, thereby allowing space for the development of a maritime museum or other approved use of the pier; and
Whereas, the Kachemak Bay Research Reserve will immediately establish a broad based advisory committee that will develop research and education committees consistent with the intent and objectives of the final NERR Management Plan, and these committees will play a meaningful role in the planning, development, construction and implementation of a marine research and educational facility on the old city dock.
Councilmember Yourkowski informed Council that the amendment is the result of exhaustive meetings and that the wording has been through reviewed and picked over with fine toothed comb.
Council discussed the amendment.
VOTE:(primary amendment) YES: MARQUARDT, KRANICH, CUE, FENSKE, LADD, YOURKOWSKI.
Motion carried.
Council discussed their support of this "exciting project" and voiced thanks to all the groups involved.
VOTE:(main amended) YES: KRANICH, CUE, FENSKE, LADD, YOURKOWSKI, MARQUARDT.
Motion carried.
COMMENTS OF THE AUDIENCE
Bob Cousins commented that Resolution 01-11 is very interesting and is a great idea, of which he started in 1993 and his COE permit was turned down. He voiced his frustration in trying to get his same educational project done and that his Conditional Use Permit was turned down. He noted that his Conditional Use Permit was turned down again this spring for technical reasons, because he had the audacity to compete with the public process. He stated that private industry takes a second seat, so they are stuck where they are and the City is free to openly compete with them. He commented on some specifics regarding beach access and the Beach Policy Task Force. He said that he was impressed with the level of sensitivity that he found, at the last meeting, on the Beach Policy Task Force that he did not know existed. He advised that the issues were discussed in a fairly logical manner and he only had a problem with the idea of consensus, which only works when there are opposing ideas, of which there were none. Mr. Cousins relayed that there was a lot of inaccurate information presented at the Task Force meeting, adding that the minutes issue has been addressed. He commented that there were two testimonies left completely out of the minutes, his being one of those. He pointed out that what is being risked is that there is an incomplete understanding of what is going on and advised of the specifics between himself and his neighbor to the South. The COE Permit maintains that his neighbor give two acres for mitigation to the City of Homer for preservation and that there be a road on the section line easement, a parking lot and that the permit even goes into specifics regarding the parking lot. He noted that there was some design overwork that happened that eliminated the access to the state beach just to the east of Mr. Cousin's property, adding that this is not just an accidental loss of access in that machinery has been placed across the road access and there has been some digging on the beach about a week ago.
Mayor Cushing voiced a conflict of interest in that he was the one doing the digging for one of his clients. He left the table.
Mr. Cousins emphasized to the Council that there are lot of problems that they need to be apprized of, that need to be resolved and encouraged them to get in touch with him, before he has to get in touch with Mr. Tans. He will present some aerials that he has to the Beach Policy Task Force. He pointed out that purpose number 2. for the Task Force was to maintain access to the beach, and yet the task force is considering un- maintaining access to the beach, a one sided issue. He advised the City Council to be aware that when the recommendation comes out from this task force that there is not a real good representation there and that he knows more about that beach than anybody at that meeting and he was never asked to be on the Task Force. He pointed out that he knows about the aquifer, the transport of the gravel, COE permits, tide heights, gravel that left the beach illegally and so forth. He stated that he would really like to come to resolution on this and that he really does not want to go to court. He reported that there is an $1,100 day fine for blocking the access to the beach, which has been blocked for about two years. He urged the Council to please get in touch with him, go over the list and resolve the access issue especially because the property has been sold. He stated that he wants to resolve the access issue so that his children can still get down there to be beach. The law is clear on a prescriptive easement. He voiced his preference to spend his time "neatening" up his property and making it more amicable to the local people instead of always having to deal with these situations. He respectfully requested that he be placed on the Task Force so some of these information situations can be resolved, adding that he is not an obstructionist and likes to see things done logically. Mr Cousins advised that the bike path was built across his property.
Jack Cushing reported that a client hired him to dig, in the course of an engineering job, on their private property. The digging was done in the legal zones, after confirming this by surveying, and they were looking for any contamination, of which none was found.
Mayor Cushing returned to the table.
Robert Keyes mentioned a few words about the Planning Commission, of which he does not feel is being run at all at the present time. He commented on the fellow building over by the women's clinic and that when he did the dirt work and put the piling down, which is always done simultaneously, he was told he couldn't put the pilings down. Mr. Keyes elucidated the basic piling and dirt work process. He voiced a wonder as to how the person got authority to start the project without some permit from the Planning Commission, with a plan. He suggested that there is no plan, because there is not the proper parking. He also commented on the cabin project behind the Post Office, wherein there is no permit that shows a parking plan for those cabins. He asked the Council what is going to happen now and these cabins are all so close together it does not look as though a car could get between them. Mr. Keyes advised that he was at the cabin location when the contractor was putting in the sewer lines and one of the guys from Public Works was in a terrible argument with the contractor, because there was no plan. He emphasized that all of this should have been done before any permits were issued. He stated that there should be someone interested in working with the public for any buildings being built and someone that is helpful to the people who want to build in this town instead of throwing rocks in their path and making it difficult. Mr. Keyes emphasized that the process should be made as easy and as cheap as can be done.
Gil Mayforth commented on Council's actions taken this evening regarding the fire department part time person and that Council should be able to go home this evening and rest assured that the $3,300 will go to one deserving volunteer. He stated that is one volunteer and wondered about the rest of the Council's volunteers. He asked if any funds went into the health care program for volunteers out of the budget or for the annual physical exam, which is recommended by NFPA 1500. He asked if any of this year's fire department budget got directed toward volunteer retirement, $3300 would have gone a little ways toward that. He inquired about other volunteer incentives, adding that it was just a year ago, due to a motion by Councilmember Marquardt, that volunteer incentive money was taken out of the fire department budget and moved over to non profits. He stated that the Council's actions speak louder than their words. He thanked the Council for their words of support and voiced a hope that these will be backed by actions in the future. He stated that a message has been sent to the Council's volunteers and it is that paid positions are more important to invest in than a group of volunteers that do perform the duty of emergency services in the entire community.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans had no comment.
COMMENTS OF THE CITY CLERK
City Clerk Calhoun had no comment.
COMMENTS OF THE CITY MANAGER
City Manager Drathman had no comment.
COMMENTS OF THE MAYOR
Mayor Cushing mentioned that a client of his of fifteen years will probably be the purchaser of the HTI property. He will be refraining from any involvement regarding the purchase of any of the outer beach properties for part of the conservation plan. He commented about the resolution he presented tonight as backup to Ordinance 01-09, emphasizing that all of the whereas clauses, except one, have been around for years and supported by former elected officials. He commented about the bulk water issue, capitalization and competition. He noted that the Council has to address the issue of water going outside of town and voiced concern that Council is being asked to double the amount of water being allowed to go out of town.
COMMENTS OF THE CITY COUNCIL
Councilmember Cue responded to Mr. Cousins' comments about the Beach Policy Task Force and that its purpose is not to limit beach access. She voiced her belief that Mr. Cousins is a valuable resource to the Task Force. She stated that the City Clerk, Councilmember Yourkowski and herself have been working very hard to advertise the meetings. She advised that Mr. Cousins' comments are valuable and are noted in the minutes from the last meeting. Ms. Cue pointed out that the main purpose of this Task Force is to get a public consensus regarding the City beaches, not just the Spit area.
Councilmember Kranich voiced appreciation for the public testimony. He stated that there is in excess of $10,000 in the budget for volunteer incentive and that it is not in Council's bailiwick as to how the Fire Department spends that money. Council recognizes that those funds need to stay there and probably strengthened because the volunteers are a vital part of that function. He noted that the Council covered a lot of ground today. He stated that he appreciated all the discussions in and amongst the Council and the public.
Councilmember Yourkowski asked the City Manager to get information regarding vote tally equipment for Council voting.
City Manager Drathman will get the cost information for the Council.
Councilmember Yourkowski stated that he liked the supporting Resolution for Ordinance 01-09. He stated that water hauling outside the City promotes unplanned growth, which is not in this community's best interest. He thanked the Mayor for the time spent on the Resolution and that it cleared up some misconceptions and that the moratorium might be to new users. He personally thanked the City Manager for all the work he does and voiced confidence in his performance and the job he does. He asked Bob Cousins if he would come to the Task Force meeting and that he would put him on the agenda to make a presentation specifically regarding section line concerns.
Mr. Cousins confirmed that he would be able to attend the meeting and make a presentation.
Mr. Yourkowski commented about selective enforcement of zoning codes, that Council recognizes this and is working towards that. Regarding the comments by Mr. Keyes on the pile driving and building permit matter that ways are being developed to prevent that from happening again with site development permits, to require permitting before moving dirt. He emphasized that there are a lot of things on Council's/City's table regarding planning.
Councilmember Ladd commented about easily detecting the frustration in the community on Ordinances 01-03 and 01-09. Although the timing of these ordinances may not be the best, he assured the public that the Council does not see these as a political tool in any way. He commented on Ordinance 01-09 to terminate or limit the sale of water and the Mayor's clarifying resolution, a real positive move forward. He voiced a disappointment with regard to the manner of some in the use of attack at the City Manager, noting that right now the City is going through a difficult time and there needs to be someone committed to working with the City. He voiced appreciation for those who came forth with good honest suggestions. He noted his pleasure with the action tonight and that he believes that the Council is making progress. He commented that he hoped everyone would work together on a system of public relations that will really enhance the City and the community.
Councilmember Fenske noted that just about everything has been said, it has been a long day and a lot of ground has been covered. He voiced agreement with what the other Councilmembers have said about the various issues. He stated that there seems to be an over abundance of half truths and innuendoes that surface whenever there is some conflict. He pointed out that not having inferential testimony or deliberations really makes for a cleaner and better way of really trying to address the needs and the problems in the work that the City and community have to do.
Councilmember Marquardt had no comment.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 12:54 a.m. The next regular meeting is scheduled for March 12, 2001 at 7:30 p.m There is a Beach Policy Task Force meeting Tuesday, February 27th at 7 p.m.; Water and Sewer Standards Committee meeting Wednesday, February 28th at 4 p.m., and Road Standards Committee meeting Monday, March 5th at 7 p.m. The Committee of the Whole will meet at 4 pm. on March 12, 2001.
____________________________________
MARY L. CALHOUN, CMC, CITY CLERK
APPROVED: ________________________
1. Clerk Note: Was not the last Council meeting, was January 22, 2001.