Session 00-04, a Regular Meeting of the Homer City Council was called to order at 7:30 p.m. by Mayor Jack Cushing at the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska and opened with the Pledge of Allegiance.
PRESENT: COUNCILMEMBERS: CUE, FENSKE, KRANICH, MARQUARDT, WELLES, YOURKOWSKI .
STAFF: CITY MANAGER DRATHMAN (arrived late)
ACTING CITY MANAGER/FINANCE DIR BAUGH
CITY CLERK CALHOUN
DEPUTY CITY CLERK BENSON
FIRE CHIEF PAINTER
LIBRARY DIRECTOR HELM
POLICE SERGEANT HUTT
POLICE OFFICER I SHEALY
PUBLIC WORKS DIRECTOR MEYER
ABSENT: COUNCILMEMBER: none
AGENDA APPROVAL
(Addition of items to or removing items from the agenda will be by unanimous consent of the Council. HCC 1.24.040.)
The agenda was approved by consensus of the City Council with the deletion of February 14, 2000 minutes and Resolution 00-29 and the notation of additional backup information for Memorandum 00-06-1
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Mayor Cushing advised that there is information on the annexation process on the back table and since that matter is not on the agenda any one wishing to address the Council in that regard must speak under audience comments.
Michael Hawfield, Economic Development Commissioner, spoke in favor of Ordinance 00-07, business license, a modest registration of businesses in this community. A city business license is a tried and proven tool for helping strengthen the business community. No one likes an additional burden or paperwork that such things involve, yet it is really not much and includes a very modest fee. Legitimate businesses should not have any trouble with this. It certainly helps with the overall data base of what businesses are doing business in Homer and will be, in the long run, a positive addition to the economic climate here. As an Economic Development Commissioner he encouraged the Council to look favorably on this Ordinance.
RECONSIDERATION
CONSENT AGENDA
(Items listed below will be enacted by one motion. If separate discussion is desired on an item, that item may be removed from the Consent Agenda and placed on the Regular Meeting Agenda at the request of a Councilmember.)
A. Homer City Council regular meeting unapproved minutes of February 14, 2000. Recommend approval. (Pulled under agenda approval)
B. Memorandum 00-06-1, from City Clerk, Re: Liquor License Renewals for Duggan's Waterfront Bar, Kharacters, BPO Elks Lodge #2127, Homer General Store, Save-U-More #6, Happy Face, Starvin Marvin, Pepe's Downtown Bistro, and Café Cups. Recommend approval and non objection.
C. Memorandum 00-07, from Mayor, Re: Commission Appointments and Reappointments. ( Gary Ault appointed to the Port/Harbor Commission; Carole Hamik Kim Greer and Tim Daugharty reappointed to the Parks/Recreation Commission; and Leroy Gannaway reappointed to the Planning Commission. Recommend Confirmation.
D. Resolution 00-27, Of the City Council of Homer, Alaska Revising the Official Records Retention Schedule for the City of Homer. City Clerk. Recommend adoption.
E. Resolution 00-28, Of the City Council of Homer, Alaska Commending Brantley, Joan and Velma Edens for their Contribution of $15,000 to the City of Homer in Memory of Charles B. Abbott and Richard W. Edens. City Manager. Recommend Adoption.
F. Memorandum 00-08, from Mayor, Re: EVOS Year 2000 projects. Recommend approval.
G. Memorandum 00-09, from Mayor, Re: Sister City Program. Recommend approval.
YOURKOWSKI/MARQUARDT - MOVED FOR THE APPROVAL OF THE RECOMMENDATIONS OF THE CONSENT AGENDA.
Appreciation was expressed to those being appointed and reappointed by the Mayor to serve, voluntarily on the Advisory Commissions.
VOTE: YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, KRANICH, CUE.
Motion carried.
VISITORS
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS
A. Special Presentations:
1. Mayoral Proclamation, Edens Family Day, February 28, 2000. Plaques presented to Brantley, Joan and Velma Edens.
2. Contribution from the Edens to the Homer Library, the Pratt Museum, the Volunteer Fire Department and the South Peninsula Hospital Physical Therapy Unit
Mayor Cushing asked Brantley Edens to hand out the checks. Library Director, Marley Helm accepted the check on behalf of the Library. Museum Director, Michael Hawfield accepted the check on behalf of the Museum. Fire Chief, Bob Painter accepted the check on behalf of the Fire Department. South Peninsula Hospital Director, Charlie Franz accepted the check on behalf of the hospital for the Physical Therapy Unit.
B. Mayor's Travel Reports
1. Sister City Activity Report
2. Legislative Activity Report
3. Trip Report
PUBLIC HEARINGS.
A. Ordinance 00-01, Amending the Sign Code, Chapter 21.60 of the Homer City Code to Modify the Restrictions on Freestanding Signs on the Homer Spit and in Certain Portions of the Central Business District. Planning Commission. City Manager. (Introduction 02/14/00, Public Hearing 02/28/00, Second Reading 03/13/00.)
There was no public testimony.
B. Ordinance 00-02, Of the City Council of the City of Homer, Alaska, Amending Section 14.04.040, Sewer Rate Schedule, Section 14.08.010, Purpose, Section 14.08.080, Schedule of Rates - Rules and Regulations, Section 14.08.090, Schedule of Rates Outside of the City Limits, 14.08.091, Serviced Deposits, Section 14.08.100, Bulk Water Sales, and Section 14.08.105, Resale of Water. Finance. City Clerk (Introduction 02/14/00, Public Hearing 02/28/00, Second Reading 03/13/00.)
B.1. Resolution 00- , Of the City Council of the City of Homer, Alaska, Establishing the Sewer and Water Rate Schedule by Resolution Pursuant to Ordinance 00-02. Finance. City Clerk. (No action until March 13, 2000.)
Lloyd Moore, Co owner of Quick Draw Water, commented that it seems a new way has been found to increase water rates without anyone knowing. He noted that his bill increased about $6,000, yet the City water budget does not seem to match up with the 4% increase. The increase should generate over $100,000, yet the 2000 budget reflects an increase of $8,000. He stated that he is selling less and less water and is already $8,500 in the red. Every time the water rates increase people cut back. He objected to changing water rates by resolution, requiring one meeting for enactment and loss of public input, preferring the ordinance process which requires a public hearing/public notice before enactment. Mr. Moore asked to be treated like any other water customer pertaining to what he is charged as a customer. He stated that he does not mind paying for the water, but wants to be notified when the rates are going to raise and that the process used this time seems illegal. He thanked Council for their time.
Neil McArthur, Mayor of Kachemak City, distributed written comments. He emphasized that Kachemak City's relationship with the City of Homer over sewer rates and sewer collection is governed by an Intergovernmental Agreement, a contract signed between the two cities in 1988. Due to that contract they sat in on meetings (1) and established a formula for setting sewer rates part by a portion of fixed rates, a portion of commodity usage and a small portion at the end that is basically a customer billing charge, called customer charge. At the time there was agreement to this customer charge, which seemed appropriate and approximately what it cost to bill the customer. Since that time someone has "jacked around" the formula agreed to until portions of the customer charge have disappeared and is no longer sufficient to cover the cost of billing the customer and the commodity charge has been increased. This impacts Kachemak City's 75 customers that are billed based on a negotiated average use of 3,500 gallons/month. To Homer's billing system Kachemak City is one customer and pays one customer charge. Kachemak City bills its customers and adds a $3.00/month customer charge. As long as this was less than or equal to Homer's customer charge there was no problem and most of the billing costs was recovered. Kachemak City does not believe it can bill for $.94 nor does it believe Homer can bill for $.94. Mayor McArthur advised that he discussed a couple of compromises with Homer's Finance Director Baugh, one being for Homer to take over Kachemak City's billing, which includes a fear of annexation. He reminded Homer that Kachemak City's sewer system was built with Kachemak City, State and Federal Funds then turned over to Homer. He disagreed with setting the rates by the resolution process.
C. Ordinance 00-03, Of the City Council of Homer, Accepting and Appropriating a Grant of $10,000.00 from the HarperCollins Publishers/FOULSA Award in Honor of Author Barbara Kingsolver from the Friends of the Homer Public Library, Inc. for the Homer Public Library. Finance. Library. (Introduction 02/14/00, Public Hearing 02/28/00, Second Reading 02/28/00.)
There was no public testimony.
D. Ordinance 00-04, Of the City Council of Homer, Accepting and Appropriating a Grant of $68,000.00 from the State of Alaska Department of Fish and Game Grant for the Fish Waste Disposal System and Authorizing the City Manager to Execute the Appropriate Documents. Finance. Port/Harbor. (Introduction 02/14/00, Public Hearing 02/28/00, Second Reading 02/28/00.)
There was no public testimony.
E. Ordinance 00-05, Of the City Council of Homer, Appropriating $34,000.00 from the General Fund Fleet Reserve for the Purchase of Three Used Police Vehicles. Finance. HPD. (Introduction 02/14/00, Public Hearing 02/28/00, Second Reading 02/28/00.)
There was no public testimony.
ORDINANCE(S)
A. Ordinance 00-03, Of the City Council of Homer, Accepting and Appropriating a Grant of $10,000.00 from the HarperCollins Publishers/FOULSA Award in Honor of Author Barbara Kingsolver from the Friends of the Homer Public Library, Inc. for the Homer Public Library. Finance. Library. (Introduction 02/14/00, Public Hearing 02/28/00, Second Reading 02/28/00.)
YOURKOWSKI/WELLES - MOVED FOR THE ADOPTION OF ORDINANCE 00-03 BY READING OF TITLE ONLY.
The Library Director was commended for finding this grant to assist the budget.
VOTE: YES: CUE, FENSKE, WELLES, YOURKOWSKI, MARQUARDT, KRANICH.
Motion carried.
B. Ordinance 00-04, Of the City Council of Homer, Accepting and Appropriating a Grant of $68,000.00 from the State of Alaska Department of Fish and Game Grant for the Fish Waste Disposal System and Authorizing the City Manager to Execute the Appropriate Documents. Finance. Port/Harbor. (Introduction 02/14/00, Public Hearing 02/28/00, Second Reading 02/28/00.)
WELLES/CUE - MOVED FOR THE ADOPTION OF ORDINANCE 00-04 FOR SECOND AND FINAL READING BY READING OF TITLE ONLY.
There was no discussion.
VOTE: YES: KRANICH, CUE, FENSKE, WELLES, YOURKOWSKI, MARQUARDT.
Motion carried.
C. Ordinance 00-05, Of the City Council of Homer, Appropriating $34,000.00 from the General Fund Fleet Reserve for the Purchase of Three Used Police Vehicles. Finance. HPD. (Introduction 02/14/00, Public Hearing 02/28/00, Second Reading 02/28/00.)
MARQUARDT/WELLES - MOVED FOR THE ADOPTION OF ORDINANCE 00-05 FOR SECOND AND FINAL READING BY READING OF TITLE ONLY:
The Police Department was commended for coming up with a more economic means of purchasing police vehicles instead of purchasing new ones.
VOTE: YES: MARQUARDT, KRANICH, CUE, FENSKE, WELLES, YOURKOWSKI.
Motion carried.
D. Ordinance 00-06, Of the City Council of Homer, Accepting and Appropriating a Donation of $15,000.00 from Terminal Oil Sales (TOS) Inc. for the Homer Public Library, Homer Volunteer Fire Department, South Peninsula Hospital Physical Therapy Unit and Pratt Museum. City Manager. Finance Director. (Introduction 02/28/00, Public Hearing 03/13/00, Second Reading 03/13/00.)
KRANICH/CUE/FENSKE - MOVED FOR THE ADOPTION OF ORDINANCE 00-06 FOR INTRODUCTION AND FIRST READING BY READING OF TITLE ONLY:
More thanks was expressed for the Edens Family donation back to the City for the different entities. It was noted that the Edens have been in Homer since the early 1930s and have contributed every year. They have helped to bring Homer to what it is now and the hope is that this type of giving characteristic will continue in Homer.
VOTE: YES: YOURKOWSKI MARQUARDT, KRANICH, CUE, FENSKE, WELLES.
Motion carried.
E. Ordinance 00-07, An Ordinance Amending the Business License Requirements of Chapter 8.02 of the Homer City Code. Fenske. (Introduction 02/28/00, Public Hearing 03/13/00, Second Reading 03/27/00.)
FENSKE/CUE - MOVED FOR THE ADOPTION OF ORDINANCE 00-07 FOR INTRODUCTION AND FIRST READING BY READING OF TITLE ONLY AS AMENDED:
Councilmember Fenske reported that this is similar to the ordinance that was not passed last fall, which was laborious and required a lot of exposure of personal items from water bills to a variety of other things. He advised that City Attorney Tans did review this ordinance and his recommendations are incorporated within this document. He asked the Council to forward this to public hearing.
WELLES/KRANICH - MOVED TO AMEND ON PAGE 117, OF THE PACKET, LINE 42 TO CHANGE ONE WORD "MANAGER" TO "COUNCIL".
Council discussed the need for this to come to the Council instead of this amount of power being in the hands of one individual.
Mayor Cushing inquired if the intent is for Council to approve the application, but not by Ordinance.
Councilmember Welles affirmed.
VOTE:(primary amendment 1.) YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, KRANICH, CUE.
Motion carried.
Primary amendment 1: 8.02.020 (7) now reads: "all other information the city council deems necessary to keep a current record of the business activity conducted in the city."
KRANICH/WELLES - MOVED TO AMEND SECTION 8.02.020 TO INSERT A NEW ITEM 7. AFTER LINE 41, TO READ, "A COPY OF KENAI PENINSULA SALES TAX REGISTRATION" AND RENUMBER CURRENT ITEM 7. TO ITEM 8.
Councilmember Kranich stated that if a copy of the state business license is required that it would follow that a copy of the sales tax registration should also be required. He asked that the City Manager check with the City Attorney on this before final reading.
VOTE:(primary amendment 2.) YES: CUE, FENSKE, WELLES, YOURKOWSKI MARQUARDT, KRANICH.
Motion carried.
Primary amendment 2: 8.02.020 new item 7. reads: A copy of Kenai Peninsula Borough Sales Tax Registration.
Councilmember Marquardt inquired about 8.02.070(3), casual and isolated sales and if there is any association with wholesalers.
Mayor Cushing advised that this pertains to garage sales and et cetera.
There was brief discussion.
VOTE:(main amended motion) YES: WELLES, YOURKOWSKI, MARQUARDT, KRANICH, CUE, FENSKE.
Motion carried.
CITY MANAGER' S REPORT
A. City Manager's Report.(Ice Crane Time, Softball Park Complex - Jack Gist Property and Treasurer's Report. )
B. Bid Report, from City Clerk
Council expressed appreciation of the new treasurer report format.
Finance Director Baugh encouraged any suggestions to enhance this reporting process.
Mayor Cushing reported that the City researched and found an application for a grant, a land and water conservation fund. The City stands a real good chance for receiving over $100,000 for construction of the Softball Complex/Jack Gist Property public park. The City feels if this grant is not received this year the City will be in line for it next year.
COMMITTEE REPORT
PENDING BUSINESS
NEW BUSINESS
RESOLUTIONS
A. Resolution 00-29, Of the City Council of the City of Homer Supporting Don Young's HB 701 and Senator Murkowski's SB 25, the Conservation and Reinvestment Act. Mayor. PAGE 139
PULLED UNDER AGENDA APPROVAL.
Mayor Cushing called for a recess at 8:28 p.m., reconvening the meeting at 8:45 p.m.
COMMENTS OF THE AUDIENCE.
Mayor Cushing gave a brief overview of the annexation process and that the City Manager had been tasked by the Council in December to bring forward a report in February, which will be on the March 13th agenda. He reiterated that information regarding the annexation process are on the back table. He stated that he would appreciate comment being polite and civil.
Douglas Stark thanked the Council for the public service announcement over the weekend, the best thing Council has done over the last 20 years, but they did not do it. In September 1998 the City talked about this issue and in the fall it was stated by both mayoral candidates and a number of Councilmembers that the City was not interested in annexation. The proposal includes a fire station on Dimond Ridge Road/Skyline Drive, which is not sufficient to serve most of the area. He stated that the only advantage he can see is the City can offer a fire service area. Most agree that this is the basic problem, that the City wants more money so it wants to annex, but is not offering anything. In conclusion he stated that he has the financial and political resources to defeat this proposal. He suggested Council save the City of Homer's tax money and kill it.
Charlie Franz asked that the annexation be looked at with an open mind and not get too caught up in the emotions. He stated that he certainly is not interested in paying a lot more taxes with no additions services. He asked that all consider the possible benefits and that the community as a whole might be able to benefit from growing in an organized fashion.
Millie Martin thanked the Council for allowing the public the opportunity to express their opinions. There is a great deal of fear and concern. In the past, as she understands it, when the City did look at annexation it was done more in the public eye than it appears right now. Fear is a very compelling emotion, fear of the unknown, and of change being at the top of the list. It is this fear and the public sense that the City is developing a plan behind closed doors and on a fast track that will not allow for public input that is polarizing the community. She advised that she has read statutes and regulations and has visited with the Boundary Commission and read the report of a recent annexation. The City is well within its rights to proceed as it is doing. Is that ultimately in the best interest of the greater community. What is Homer's gain in creating hard feelings? There are two sides to the issue. She voiced a sincere hope that the City Council will permit public input to the process early on. If this is done openly with the citizens understanding, then the City could develop a win/win plan. She thanked the Council for the print out, however, voiced concern about the noted encouragement to submit the annexation plan by March. She asked for this to be slowed down and include the public a little more. This might delay it, but in the long run the City will be gaining. She asked that Council try to give those outside of the City a little ownership in this annexation plan. In the Resolution (2) Council passed in December it states that one of the reasons for asking for the annexation report was to give those outside of the City the ability to participate in the election process.
Doris Cabana thanked Council for letting the public talk tonight and she wants to go on record as against annexation of the area in question. She commented that she has not been told what the whole area is, but did get some papers. It seems like this is a very, very bad idea, which is why there is a whole room of people here tonight. She stated that she is not against a fire service area. There are so many people that work and volunteer their time for the ambulance and fire department. She hates to pit people against other people. She commented on the comprehensive plan and her previous comments on land use issues. The public has not been given a chance to give input, she asked for that chance with the belief that these things could be worked out. People come to Homer to retire, a big City and big police station is not needed. She asked that Council slow the process down and give the public a little time and not send this to the Boundary Commission on the 15th. She emphasized that the public does not know anything, has not been told anything except for the gossip.
Jim Reinhart stated that he plans to continue to live outside of town. He commented on the memorandum from City Manager Drathman and read part of his letter to the Homer News Editor, for this week's publication, into the record. The Manager calls it 'Annexation 2000' in his memo, Mr. Reinhart says he calls it 'Invasion 2000'. He read from the Manager's memo, "To avoid confusion this information should not be released to the public or commissions." It is addressed to City staff and department directors only. Curiously absent from those entitled to know are the City Council and the Mayor. His interpretation was that this means not to let the voters or those who elect the voters see this memo. The projection of revenue in the memo is $654,648.95. Other services to be provided listed in the memo are zoning, street construction and maintenance, fire, water, sewer, library, parks and recreation, community schools, animal control, harbor services and etcetera. He objected to the notion that those who live outside the City don't pay for services provided by the City and that it is just not true. Much of the money to build and equip the in City facilities comes from borough, state and federal taxes. Some of the things that are paid for are: City water, harbor fees, building materials, household supplies, clothing, groceries and sales tax. The memo suggests that the non City residents should enjoy paying higher taxes more than eating at McDonalds. He stated that the public should have seen this memo. It is time for a reality check. The non residents get pitifully little for the taxes paid, with annexation there will be even less, but there will be higher and more taxes. The higher taxes will most likely be used to hire more City employees.
Daisy Lee Bitter offered some seed of thought before the City moves on with the proposed annexation. She noted that it has been difficult to obtain exact maps and information, hence the rumors. People fear the proposed annexation because of the lack of information. She reported on looking into the local Boundary Commission reports, what has been done before, what are the precedents, standards and so on. She thanked the Council for the annexation process paper. The local Boundary Commission is charged with analyzing objectively the arguments for and against the proposed annexation. She reviewed a couple of the most recent annexation proposals, Ketchikan and Kodiak, both very small, densely populated areas, compact and contiguous to the current boundaries. She relayed further information on those two annexations. Regarding Homer's annexation proposal most of the area is rural and there is concern if the land owners will be able to pay the mill rate. Does this proposed area meet the standard of compatibility to the City of Homer? Is there a reasonable need for all those needed services that were mentioned for Ketchikan? She wondered what would happen with the senior citizen tax exemption. Other items of concern are snowmachining, biathlon practice, shooting practice and building permits. Will a building permit be required to build a new chicken coop? Many living in the proposed area have paid thousands for wells and sewer systems. It is not fair to tax for services that are not needed. She stated that she is willing to pay a fair share for services used, and inquired if the Council had considered user fees. Will providing services to this new area create an undo financial burden on those who live within the current boundaries of the City. She urged the Council to not rush this process. There are too many unanswered questions. Has the Council considered all the alternatives? Thoughtfully done annexation with appropriate modifications to fit the needs of both those within the City and those in the proposed annexation area could improve life here for everyone. If this process is conducted hastily and the needs of one area are pursued at the expense of other areas the result could cause a divisive polarity that would take many years to heal. She thanked the Council for their courteous attention.
Sam Cook had the following questions: What percentage of capacity is the sewer system right now? How many houses are on it right now? How is the water system, capacity wise? The deal for annexation is to bring more money into the City of Homer. The City is saying that the people outside of the City receive services that they are not paying for. He suggested that an audit be done if it is just money that is needed and find out where all the money is going. He expressed his opinion that the port and harbor could pay for all the City services with the amount of money charged for port/harbor services. The library service is covered by the sales tax. One reason people do not want to be annexed to the City of Homer is because building permits are difficult to obtain for commercial buildings. He cited the example of the car wash on the Bypass. Why would the City want to annex any more ground when permits cannot be obtained? Once annexed the new area will be under the same permits and rules.
Mayor Cushing's responses to the questions: Sewer System at about 50% capacity with about 1,000 houses on it right now. Presently the water has excess capacity with about 20% shipped outside of City limits.
Randal Jones, business owner in the area of the proposed annexation, asked why he had to learn about this through a friend last night? In his purchase contract of this business it states that he is purchasing this business as is, where it is and that does not mean in the City of Homer. He emphasized that the City never asked him if it would be okay if they took a look at his contract and amended it. No one mentioned that he was possibly being annexed. This is gross inconsideration of the Homer City Council to not at least notify the people involved, especially the business owners. He stated that this would have slid right over the top of his head, or he would have read about it in the paper or found out when he got a bill. He stated that he is happy with his $100 a month water bill, which he purchases from Homer that goes into a 2,000 gallon reservoir and is real happy with his septic as it is and DEC says its okay. He pointed out that he is not a very good talker, but does have the financial capability of hiring an licensed talker and will. He concluded by stating that the City will be talking to his lawyer, that will be next.
Kent Redman stated that he was not aware of this annexation plan resurfacing and is offended by and bothered by the City Manager's memo on the Annexation 2000 Plan. He noted that the memo says this information should not be released to the public or to the commissions until the plan is complete. Mr. Redman voiced his interpretation that public input is not wanted for the development of this plan. He asked that the Council take into consideration that he moved here fifteen years ago. His choice was not to live within the City limits. As a result of that he lives in an area that does not have City ordinances and he is happy with that. He has spent a lot of money developing his septic and water systems and etcetera. He has other fees, including driving twenty miles a day to get into town and back. He stated that he is perfectly happy to do all of these things and all the extra expenses that he has because of his choices and he is very happy to bear those costs. He noted that he pays a little more for fire insurance, glad to do it, choice he made. He stated that this annexation plan is in progress and the City should have talked to him. He asked the Council to call him so they could talk.
Dan Winn commented on coming to the Council last December about the changes at the port and harbor. At that time it was during the City budgetary process and therefore he was acting a little too late. His intention for that last couple of weeks was to come here tonight and speak at this time, but did not know anything about the annexation. He suggested that Council initiate some service areas and see how these fly in the next election, October or November. He stated that he is pretty disturbed on how this annexation is going down, that on the 13th the Council would receive recommendations and pass this on to the Boundary Commission. It is only right that people in this area should be able to vote if they want services or if they want annexation. Let the people vote. He offered his assistance for forming service areas.
John A. Reid stated that he shares the same concerns and may not be able to add a lot, especially to Daily Lee's comments. The Council ought to realize that the people that live outside the present City of Homer are not going to be able to get very many services even if they get annexed and if people don't know this he would be willing to advise them. The new area would get fire protection and EMS, but not water, sewer or road improvements. The City is not able to provide these services to all of their residents right now. If these services cannot be provided for the City residents right now, how could the City provide those services for the people that are scattered? Mr. Reid stated that he is not against annexation, but is against it at this time and for this area. When government has a need to grow it requires more money, more police, more fire personnel and EMTs. Some services will have to be provided, but the City will not be able to provide what a "down town" resident has today. Water and sewer is not going miles out East End Road, Skyline and other roads, not in the near future. If this goes through, there will be a lot of angry people and they will be running for office and if they get in, in majority, they might reduce services for the core area. This is not a threat just a very likely scenario.
Laura Barton commented that for years people have asked when she was going to move to Homer. She did not think it was just going to happen. Some of the advantages or reasons cited to annex the area to the City:
She appreciates the fact that snowmachines will be stopped from trespassing on her property and there will be no hunting. Ms. Barton stated that she does not know what is so wonderfully attractive about Homer that people should want to be a part of it, but if the City can convince her she'll welcome it in.
Douglas Bunyard stated that he checked on the Boundary Commission stuff and it seems that if the Council wishes this to happen and push it then it probably will happen. He asked the Council to consider a couple of things:
Mr. Bunyard urged the Council to be honest.
Ray Arno, President of Alaska Bible Institute and property owner in the proposed area, objected to the annexation, not because of the taxes, the institute is tax exempt and he gets a senior exemption. He voiced a concern about others having the extra tax burden and getting very little if anything in return. Outside the City there is a lack of controls and demands by government and they have made it just fine without the City. The City is not needed, the controls are not needed. Most people came to Alaska to escape these things. He commented that since he came to Alaska he has seen this steady encroachment and would like to see the line stay right where it is. Another concern he expressed is that they have spent $70,000 in the last five years on sewer and water and, if annexed, that they would have to abandon these very expensive systems. He encouraged the Council to back off.
Alan Wetsel stated that he came out of California, has never lived in a City in his life except when he was going to school. He build his house on Dimond Ridge to be out of the City, to have freedom. He builds his houses so that he does not have to go to the Fire Department. He has not had problems so does not need the police department.
Trac Carlos stated that he and his wife built a house on Dimond Ridge. He pointed out that they, referring to the public gathered in the Council Chambers, are all just common folks. He commented that he thinks that what has been lost is everyone's youth and youthfulness and aspects of growing up in life and just to enjoy freedom where it stands. Everyone chooses to live where they want. He voiced opposition to further expansion of the City until it provides for the people that live in the City.
Vi Jerrel, PHD, asked to respectfully address the Mayor, Council and public. She voiced opposition to any annexation of the surrounding area to the City of Homer. It is not realistic for the City of Homer to annex the proposed areas. She opposed and disagreed with many of the assertions the City of Homer makes regarding annexation. If the City of Homer feels that fire service is not being paid for in some areas, then the public would look into and discuss having fire service areas in some of the surrounding areas. This is a democracy, the United States Constitution is the supreme law of the land and everyone has to go by it. People feel very strongly that public concerns affecting people and property should be public information for the people and that the public should have input and discussions in the public decision making process. She stated in her opinion the people have been left entirely out of the process to be put forth by the City of Homer in a hurry to annex the surrounding areas in every direction. The limited information that the public has indicates that application by the City of Homer to be submitted soon to the Local Boundary Commission in Anchorage is a kind of application selected by the City of Homer, which application denies the people of the proposed area to be annexed the right to vote on the proposed annexation. Anytime people are denied the right to vote it is deemed to be unconstitutional and not our American way of life. The people respectfully ask the City of Homer to completely withdraw, now, their plan and proposal for annexation. There are other ways to get revenue. She commented on money, the surrounding community area and quality of life. She gave the history of the Bradley Lake project and her and her family's many contributions to the community. She stated that she has always been proud of the City of Homer and the surrounding area. There are many who have made things better for the City of Homer and the entire surrounding area.
City Manager Drathman arrived.
Jerry Vantrease commented on being tired of living in a City, moved to Homer from Anchorage and located outside of City limits, ended up with higher tax rates than what he was paying in Anchorage and a significantly lower level of services. He stated that he considered this a pretty fair trade. He noted that he has not sought any increase in the level of services. In hearing about this proposal he said that he shares the puzzlement as has previously been expressed here about how Homer would propose to offer services to the annexation area that it is currently unable to offer to the current residents in the existing City limits. He voiced a willingness to listen, wants to see a quantified plan for service provisions, wants to see it spelled out what services would be provided in this new expanded City, would like to see a time table for providing those services, and like to see options presented. The idea has been expressed for fire protection and that a library should be paid for. He asked to see what the annual cost per household is appropriate to be paid for fire protection and library services and in this way he could see what he is actually paying in taxes and could make his decision accordingly. He urged the Homer City Council, as elected representatives of the citizens of Homer, to consider the fact that this annexation is a divisive issue, to proceed cautiously, carefully and make sure that when this does come up for a decision that the appropriate facts are presented so that all can make intelligent decisions.
Terry Jones stated that she has not heard anyone from this panel say what the citizens from the proposed area will receive. She asked if they had any input as to why the citizens would be willing to let this happen to them. She objected to the statements that the citizens do not pay for EMS and fire services, citing the example of paying $800 for her daughter to ride in the ambulance to Homer, injured at the rodeo in Happy Valley. The fire that started out east last summer was fought by her husband and his brother along with the Homer Fire Department. She heard that the man that started that fire was going to pay dearly for that fire. She stated that it is just not true that the outside residents do not pay for things in the City and she is totally and completely against the annexation. As her husband said, they just recently purchased a business out by Kachemak City and if they had any idea this was coming down the line, not being notified, it would have been a very, very strong consideration as to whether they laid down a twenty year commitment for this business. This is serious business. She stated that they are a long time family and have a lot of political influence way above the Council, adding that she did not think Council really wanted to go this direction.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans was on standby per his contract.
COMMENTS OF THE CITY CLERK
City Clerk Calhoun advised that the Spring AML Conference has been changed from April 26th to March 22nd.
COMMENTS OF THE CITY MANAGER
City Manager Drathman reported that the Annexation Report will be completed and to the Council on Thursday. Unless Council has some objection this will be also be provided to the news media and at the library.
COMMENTS OF THE MAYOR
Mayor Cushing commented on the questions of Mr. Vantrease and Mr. Reed and that the answers to these questions are a part of the study. He advised that this Council tasked the City Manager to put together an annexation report to cover many of these questions and includes a cost analysis. He stated that Council knows that annexation would bring in a different voting body. Mayor Cushing voiced pleasure in seeing a cross section of public present. He commented on some of the regulation concerns. He encouraged the public to pursue service areas, including a water service area. He emphasized that there will be plenty of meetings for public input regarding the annexation issue. The direction to the Manager was given in an open meeting and there was nothing hidden.
In conclusion he voiced a sadness in the death of Ken Fisher, adding that he will be missed..
COMMENTS OF THE CITY COUNCIL
Councilmember Kranich voiced appreciation for the public input even though 99% was somewhat negative to the annexation, yet was courteous. He noted the repeat comment of slowing down the process. He urged the public to follow up on the Mayor's comment regarding service areas. He elucidated many of the code changes, including zoning, that would have to take place should annexation come to fruition. Mr. Kranich emphasized that the petition may be pulled at any time during the process.
Councilmember Cue thanked everyone for staying and commenting. She noted that there were comments on the City of Homer and the Community of Homer as being two different entities, but to her these are one. There is a lot of development around the City and she wonders as a community what can be done to help promote or help manage that development. These are some of the questions the Council is considering, such as "urban sprawl", mentioned during the last campaign. She disagreed with the comments regarding the Animal Shelter and that they already do a lot of work outside the City of Homer and that the City is responsible for all the animals of this community.
Councilmember Yourkowski thanked everyone for being, in general, very courteous. There were good suggestions. He stated that he trusts the Alaska Constitution, that the Alaska Constitution sets up the Boundary Commission, and is one of the few Commissions set up this way. The Boundary Commission can be trusted to do a fair job. Everybody will get to speak their mind. He believes this will work for everyone. He suggested letting the process happen and that the State Constitution will prove to be a wise document and in the end will show the wisdom of those who wrote it.
Councilmember Marquardt thanked everyone that came, adding that it was unfortunate that a lot of those who did show up were misinformed by the radio and gossip. He stated that he tried to keep track of the comments, although at times he found it painful due to the misinformation. A lot of good comments came out of the audience. He stated that it is his hope that through this debate that will proceed over the next year the result will be some fair and equitable answers. This is one large community and no one lives in a vacuum. There need to be some answers on how to balance the budget and this may take something as radical as annexation. He stated that he knows of nothing being done behind closed doors. Mr. Marquardt emphasized that he does take this very seriously, values the public comments and as people get informed there will be a lot of informed comments over next year.
Councilmember Fenske noted that a lot of ground was covered and the meeting is getting done very early. He stated that the whole area is a community, and no one wants to see anyone's home burn down and no matter what it costs the fire engines, emergency medical, and rescue will respond. He pointed out that with each response there is a cost to the City, infra structure costs. This same is true with the police department that, according to Chief Robl, responds to life and death cases outside the City limits about 30 to 60 a year. The people of Homer have charged the Council to provide services that the community of Homer needs; library, fire service, EMS, and water and sewer. The water and sewer are multi million dollar complexes. He encouraged the public to form service areas and help the City solve this problem. He commended the public for wanting to come up with a solution .
Councilmember Welles asked for people to read the annexation process paper, which does explain the process. He hoped that this would alleviate some anxiety that the process was moving too fast. It will take a minimum of seven to nine months and can go on for multiple years. He noted that comments may be made by email, mail, and in person. He suggested review of the petitions on the Boundary Commission website. Every community is different, but the basics are all the same.
City Manager Drathman interjected that the City Police also respond to calls for assistance from the State Troopers.
Mayor Cushing commented on the declining municipal assistance from the State, creating a short fall to the City of Homer of about $800,000. He suggested that citizens let the local legislators, Senator Torgerson and Representative Phillips, and all other Senators and Representatives know that the Homer community does not want municipal assistance cut. He advised that the City is audited every year by an independent auditor.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 10:35 p.m. The next regular meeting is scheduled for March 13, 2000 at 7:30 p.m. in the City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.
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MARY L. CALHOUN, CMC/AAE, CITY CLERK
1. Reference to Water and Sewer Rates Committee.
2. Resolution 99-115(A).