Session 01-02, a Regular Meeting of the Homer City Council was called to order at 7:35 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.
PRESENT: COUNCILMEMBERS: FENSKE, CUE, KRANICH, LADD, YOURKOWSKI.
STAFF: CITY MANAGER DRATHMAN
CITY CLERK CALHOUN
SECRETARY TO C. MNGR. LIVINGSTON
PUBLIC WORKS DIRECTOR MEYER
ABSENT: COUNCILMEMBER: MARQUARDT (excused)
AGENDA APPROVAL
(Addition of items to or removing items from the agenda will be by unanimous consent of the Council. HCC 1.24.040.)
The agenda was approved by consensus of the City Council with the addition of Memorandum 01-06, to the Consent Agenda and some Information from the Visitor on the Scenic Byways Program.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Laura Barton commented that if inside City limits gets a lot less snow then maybe she should live inside, adding that she did not think that the process for getting her inside the City would reduce her snow. She voiced a concern regarding Councilmember Cue's agenda item about jake brakes. She reported about talking to a couple of people in the trucking business and relayed that the preferred choice is jake brakes over regular brakes, which are more apt to fail. She further relayed that if there are no jake brakes, then it is good to have a run out. She emphasized that Baycrest Hill is inside the City limits and one of the places jake brakes are really needed. She stated that she would hate to be going up or down Baycrest Hill and have a run away truck wipe her out. She thanked the Council for their time.
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 January 8, 2001. Recommend approval.
B. Resolution 01-01,Of the Homer City Council of Homer, Alaska, Recognizing Rainbow Place as the Name for the Road Previously Known as Circle Lane and so Designates it on the City of Homer Zoning Map, the City's Official Maintenance Map and the Kenai Peninsula Borough's Official Street Name Map. Planning. City Manager. Recommend adoption.
C. Memorandum 01-03, from City Clerk, Re: Travel Authorization for the Mayor to attend the Alaska Conference of Mayors/AML Board of Directors, Joint Legislative Strategy Meeting on February 2, 2001 in Juneau. Recommend approval.
D. Ordinance 01-04, Of the City Council of the City of Homer, Alaska, Repealing Homer City Code 10.04.090, State of Alaska lease and operations policy and 10.04.095, State of Alaska lease--restrictions incorporated by reference. City Clerk. (First Reading 01/22/01, Public Hearing 02/12/01, Second Reading 02/12/01.) Recommend adoption for first reading.
E. Added: Memorandum 01-06, from Councilmember Cue, Re: Additional Appointments to the Beach Policy Task Force. (Parks and Recreation Commissioners Rosenfeld and Lentfer (alternate)) Recommend approval.
FENSKE/CUE - MOVED FOR THE APPROVAL OF THE RECOMMENDATIONS OF THE CONSENT AGENDA BY READING OF TITLE.
FENSKE - PULL ITEM E. FOR MORE INFORMATION AND MOVE TO NEW BUSINESS ITEM C.
VOTE: YES: FENSKE, LADD, YOURKOWSKI, KRANICH, CUE.
Motion carried.
VISITORS
A. Scenic Byways Program - Presenter Diane Regan.
Diane Regan, Statewide Scenic Byways Coordinator from the Juneau DOT Headquarters Office Division of Statewide Planning, thanked the Council for inviting her to their meeting. Rex Young, Area Planner, from the Anchorage Office attended the meeting with Ms. Regan. Both Mr. Young and Ms. Regan will be working on the Anchor Point/Homer Scenic Byway area to assist in upgrading this to a National Scenic Byway. Ms. Regan described the Scenic Byway Program, and the basic criteria for the three levels; State, National and All American. She emphasized that applications are due to the State Scenic Byways Office by May 31, 2001 and that the Federal Highway Administration has indicated that it may no longer take nominations for a National Scenic Byway designation after January 2002. The next period would not be for five or six years.
The Mayor and Council indicated their desire to pursue the National Designation for the Anchor Point/Homer Scenic Byway as well as their desire to investigate expanding the boundary.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS
Mayor Cushing announced that there are a lot of items being discussed in lieu of the annexation being at the state level and just different ramifications of what people are saying in their briefs and different things people are asking the City to do or not to do. He briefly noted the matter of sewer tank pumping and water issues.
PUBLIC HEARING(S)
A. Ordinance 01-01(S) , Of the City Council of Homer, Alaska, Accepting Certain Tax Foreclosed Property Deeded to the City by the Kenai Peninsula Borough and Determining the Disposition of Parcel 179-280-33. Council. City Clerk. (First Reading 01/08/01, Public Hearing 01/22/01, Second Reading 02/12/01.)
Laura Barton stated that she wanted to note that Julie Cesarini has done her best to do a lot of things for Homer. She voiced a concern about evicting Ms. Cesarini at this time of year, adding that her mother's grave is on this property. She commented that she wanted to put in a good word for Julie Cesarini.
B. Ordinance 01-02, Of the City Council of Homer, Alaska, Accepting and Appropriating the ADEC Grant in the Amount of $72,000 for the 1.0 MG Storage Reservoir Design, Appropriating the City Match of $30,857 from the Water Reserve Fund, Accepting the Terms and Conditions of the Grant and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. PWD. (First Reading 01/08/01, Public Hearing 01/22/01, Second Reading 01/22/01.)
There was no public testimony.
ORDINANCE(S)
A. Ordinance 01-02, Of the City Council of Homer, Alaska, Accepting and Appropriating the ADEC Grant in the Amount of $72,000 for the 1.0 MG Storage Reservoir Design, Appropriating the City Match of $30,857 from the Water Reserve Fund, Accepting the Terms and Conditions of the Grant and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. PWD. (First Reading 01/08/01, Public Hearing 01/22/01, Second Reading 01/22/01.)
FENSKE/CUE - MOVED FOR THE ADOPTION FO ORDINANCE 01-02 BY READING OF TITLE FOR SECOND AND FINAL READING.
There was no discussion.
VOTE: YES: KRANICH, CUE, FENSKE, LADD, YOURKOWSKI.
Motion carried.
CITY MANAGER'S REPORT
A. City Manager's Report
B. Bid Report from City Clerk
C. Homer Foundation
City Manager Drathman reported that Mr. Castner, Homer Foundation, and Councilmember Ladd met in his office regarding the non profit criteria. Council expressed a general satisfaction with the criteria as submitted in this Council packet. There was a request to delete a sentence in the letter to non profits from the Homer Foundation, page 60 of the packet. The following sentence is to be deleted: 3rd paragraph, second sentence, that reads: "In the future, the City of Homer grants program will be available annually, to any organization that meets the qualifications."
City Manager Drathman reported on the waste oil building and, particularly, the ramp upgrade, wherein the bids submitted were higher than the project budget. Public Works crews completed those projects within and below budget and increased the scope of work on the ramp project. He stated that the projects that may be done in house will be reviewed on a case by case basis.
City Manager Drathman, with regard to the Finance Report, noted that there is a surplus of $223,000 from the 2000 budget. He attributed this to the City's staff, top to bottom, working within the parameters of the budget.
COMMITTEE REPORT
A. Beach Policy Task Force
Councilmember Yourkowski gave a brief synopsis of the Task Force meeting held on January 16, 2001. The next meeting is this Thursday, January 25th at 7 p.m.
PENDING BUSINESS
NEW BUSINESS
A. Memorandum 01-04, from Councilmember Cue, Re: Homer Animal Shelter.
Recommendation: In this report to the Council, the Administration is to include a timeline that will take into account this year's building season and a target date of using the new shelter to be winter 02001. Please submit the timeline to the Council at the February 26 regular meeting.
CUE/FENSKE - MOVED TO APPROVE THE RECOMMENDATIONS OF MEMORANDUM 01-04.
Councilmember Cue read her memo into the record: Several months ago, the City of Homer Administration was requested to begin the active process of identifying land for the placement of a new animal shelter. Monthly reports are now requested from the City of Homer Administration to the City Council outlining the efforts and progress being made toward the building of a new animal shelter. (Plus the recommendation as noted above.)
She elucidated her reasons for bringing this matter forward, to create a mechanism by which the administration can bring to the community and the Council information about the efforts and the progress that are being made toward the Animal Shelter.
Council discussed the reporting and about adding more than just the Animal Shelter.
City Manager Drathman emphasized that there are insufficient funds to purchase property for and to build the Animal Shelter. He reported on staff's efforts toward securing a location with and without a building and on staff's research regarding Humane Society requirements. He noted that he keeps the Council apprized on the City's projects on a day to day basis as Councilmembers stop by his office. He stated that the message in the memorandum is strong and clear. He advised that he, the Finance Director and Public Works Director are working on and are close to coming to the Council with a recommendation that the City seriously consider putting on the ballot the adoption of a seasonal sales tax of up to one percent for the middle six months of the year. The tourists would be "picking up part of the tab" and the tax would generate approximately $600,000 per year, additional revenue. This sales tax could be devoted exclusively for infrastructure, for projects such as the Hockey Rink and the Animal Shelter. He stated that he is considering creating this tax so that it would sunset every three years and go back to the voters for continuation.
Councilmember Cue stated that her purpose and intent in writing this memorandum is not just based on finances nor is this an intent to micro manage. The community is asking for information. She emphasized that the intent is for just what the City Manager just reported, but that it be in writing so that over a period of time there is something to look back on to know what has been done. Then at the end of the year there would be something to show efforts and progress, and this would be an evaluation tool. She emphasized that it is not just about money and land, but about the big picture and where she wants to go with this particular project, the Animal Shelter.
Discussion ensued.
CUE/YOURKOWSKI - AMEND THE MEMORANDUM TO MOVE THE STATEMENT THAT SAYS, "MONTHLY REPORTS ARE NOW BEING REQUESTED" TO CHANGE TO "QUARTERLY REPORTS" AND MOVE THAT UNDER RECOMMENDATION. SO THAT IT WOULD READ THAT "QUARTERLY REPORTS ARE NOW REQUESTED FROM THE CITY OF HOMER ADMINISTRATION TO THE CITY COUNCIL OUTLINING THE EFFORTS AND PROGRESS BEING MADE TOWARDS THE BUILDING OF A NEW ANIMAL SHELTER" MOVE THAT UNDER RECOMMENDATION AND THE SECOND CHANGE I WOULD LIKE TO MAKE IS AFTER THE FIRST SENTENCE IN "THIS REPORT TO THE COUNCIL THE ADMINISTRATION IS TO INCLUDE", AT THE END OF THAT SENTENCE, "AND A TARGET DATE OF USING THE NEW SHELTER." AND DELETE "TO BE THE WINTER 2001".
Council discussed the amendment and of possibly postponing this matter to February 26th. The Council voiced a preference that there be quarterly report on all projects.
City Manager Drathman asked for the Council to tell him what projects the Council wants tracked in a quarterly report.
VOTE:(primary amendment 1.) YES: CUE
NO: YOURKOWSKI, KRANICH, FENSKE LADD.
Motion failed.
VOTE:(main motion) NO: KRANICH, CUE, FENSKE, LADD, YOURKOWSKI.
Motion failed. A more comprehensive memorandum will be to the Council on the February 26th agenda with a list of projects from the Council that they would like tracked by the City Manager through a quarterly report.
B. Memorandum 01-05, from Councilmember Cue, Re: The Use of Jake Brakes by Trucks.
Recommendation: The City Administration is directed to begin the process of investigating an ordinance limiting the use of "Jake Brakes" within the city limits. Finding results are to be to Council no later than the City Council meeting on February 26.
CUE/YOURKOWSKI - MOVED TO APPROVE THE RECOMMENDATION OF MEMORANDUM 01-05.
Council discussed the noise, safety issues and the citation element.
Mayor Cushing commented that with the state law the City may not have to require an ordinance to enforce this issue.
FENSKE/LADD - MOVED TO AMEND TO CHANGE THE WORD "LIMITING" TO "CONCERNING".
There was a brief discussion regarding state law and the ability to enforce now. It was noted that part of the noise may be due to poorly maintained jake brakes.
VOTE:(primary amendment 1.) YES: CUE, FENSKE, LADD, YOURKOWSKI, KRANICH.
Motion carried.
There was discussion regarding speed limits and requiring trucks to use lower gears coming down Baycrest.
Decibel metering was commented on and it was noted that there are other noise issues inside the City.
KRANICH/CUE - MAKE A MOTION TO CHANGE SUBJECT LINE TO INSERT AT THE HEAD OF IT "NOISE CAUSED BY" SO THE ENTIRE SUBJECT WOULD READ: "NOISE CAUSED BY THE USE OF JAKE BRAKES BY TRUCKS."
VOTE:(primary amendment 2.) YES: KRANICH, CUE, FENSKE, LADD, YOURKOWSKI.
Motion carried.
VOTE:(main twice amended motion) YES: FENSKE, LADD, YOURKOWSKI, KRANICH, CUE.
Motion carried.
Mayor Cushing stated, with Council's consensus, that the intent is to not allow any unsafe situations.
Mayor Cushing called for a recess at 9:32 p.m, reconvening the meeting at 9:50 p.m.
C. Consent Agenda Item E. Added: Memorandum 01-06, from Councilmember Cue, Re: Additional Appointments to the Beach Policy Task Force. (Parks and Recreation Commissioners Rosenfeld and Lentfer (alternate)) Recommend approval.
MOTION ON THE FLOOR PURSUANT TO THE ACTION UNDER CONSENT AGENDA.
Council discussed the expansion of the membership of the Task Force.
FENSKE/CUE - MOVED TO SWITCH THOSE TWO POSITIONS AROUND AND HAVE MARY LENTFER BE THE TASK FORCE MEMBER AND MR. ROSENFELD BE THE ALTERNATE.
Councilmember Kranich noted the Parks & Recreation Commission's action to make Mary Lentfer the alternate to Rob Rosenfeld.
There was further discussion.
VOTE:(primary amendment) YES: YOURKOWSKI, CUE, FENSKE.
NO: KRANICH, LADD.
Motion failed.
VOTE: (main motion)YES: KRANICH, CUE, FENSKE, LADD, YOURKOWSKI.
Motion carried.
RESOLUTIONS
COMMENTS OF THE AUDIENCE
Melody Dufour, Bear Cove Oyster Company, addressed the Council on behalf of the 15 oyster farms in Kachemak Bay and Kachemak Shellfish Growers Association regarding the Alaska Department of Fish and Game proposed regulations. She stated that these new proposed regulations could mean the end to aquatic farming in Alaska and that these have gone from 4 pages to 29 pages. The new regulations apply both to suspended culture oyster farms and on bottom or intertidal clam farming. Previous to these proposed regulations, farms were three year permits and just last year this was changed to a ten year lease. There are approximately 50 farms throughout the State of Alaska and, to Ms. Dufour's knowledge, all farms have complied with all State and Federal regulations. Not one farm has ever had to implement the bonding process, required for a farm clean up, and to date every farm has been successful. She urged the Mayor and Council to support of aqua culture in Kachemak Bay. Ms. Dufour reported that Kachemak Bay oysters become the preferred oyster of white table cloth restaurants, an elite product in that they will never be sold in Skippers. There is room for growth in Kachemak Bay. She stated that Fabco of Alaska purchases 1.2 million clams per year and over 1 million are from Washington. She voiced her belief in stewardship of the land and that aqua culture can continue in Kachemak Bay in a safe and enhancing manner. She emphasized that aqua culture is not glamorous, it is cold, and labor extensive like any kind of farming or any kind of work on the water and it is tough. The profits are not huge and it takes three years before the first harvest. The Kachemak Shellfish Growers Association is asking the Alaska Department of Fish and Game to hold off on implementing any kind of regulations until the EVOS project, a 400 page report that was done throughout Kachemak Bay over a three year period, is scheduled to be published at the end of February. The EVOS report will probably answer any and all concerns in regards to aqua culture. The Kachemak Shellfish Growers Association is asking the Mayor and Council to support their request to the Alaska Department of Fish and Game. She advised that Jeff Hetrick was the manager of the EVOS report.
Mayor Cushing advised that he met with the Kachemak Shellfish Growers Association's treasurer, Don Fell, for about one and a half hours reviewing the regulations and issues. Mayor Cushing will look into the regulations when he is in Juneau on February 2nd, the end of next week and that he will talk with the Commissioner regarding the intent. Mayor Cushing voiced agreement regarding the Kachemak Bay Oysters, adding that he enjoys the product and the economic prosperity the product brings to the area. The regulations are also addressing "on bottom". Mayor Cushing clarified that what the Kachemak Shellfish Growers Association is asking, at a minimum, is for is that the public comment period to be extended until after the EVOS Report is out.
There was a brief question and answer period allowed by Mayor Cushing. There were some comments and brief discussion about the compatibility of industries; aqua culture, other fisheries and logging.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans was not present.
COMMENTS OF THE CITY CLERK
City Clerk Calhoun did not have any comment.
COMMENTS OF THE CITY MANAGER
City Manager Drathman commended the Public Works Department for their work during this particularly challenging winter and that they have received complements from as far away as Kenai and Soldotna.
COMMENTS OF THE MAYOR
Mayor Cushing thanked the Council for approving his travel to the Mayor's conference. He advised that while he is in Juneau he will be working off of the City's existing CIP document and other Council agreed upon matters. Mayor Cushing commented that he plans to visit Drew Scalzi, knowing that he is doing a real good job and that it will be fun to see him in that context as well as seeing Ken Lancaster.
COMMENTS OF THE CITY COUNCIL
Councilmember Fenske stated that he is particularly excited about the Scenic Byways Program and that would really like to see the City move ahead, particularly on expanding it to more than just the Homer/Anchor Point community. He emphasized that there is so much going on between Soldotna and the end of the Homer Spit, such as the Volcano Observatory, fishing and clamming, beach accessing, and sight seeing. He stated that he did not see how anyone coming down from Soldotna is not just absolutely wowed by what they find on the Kenai Peninsula particularly the Southern Kenai Peninsula. He commented on the Trails Ad Hoc Committee and that he would like to see a Trails Commission with the idea of creating management plans, etc. with other communities on the Peninsula. He mentioned the Borough Trails Commission, therefore, the City of Homer would not be inventing something new and would be expanding on this Trails Commission. He stated that he would like to see inappropriate development curtailed along the corridor used from Soldotna to Homer. He voiced his concern that ten years from now, without some planning and forethought on the part of the community, that the City may look back and say, "How could we have prevented this from happening and how can we now resolve the problem?" He suggested that this is now being asked when one views East End Road, adding that with a little bit of planning there could have been much better development.
Mayor Cushing interjected that Mimi Tolva is going to submit a Commissioner Data Sheet for appointment to the Parks and Recreation Commission. He advised that she is the second member of the Trails Committee, that will be on the Parks and Recreation Commission. He stated that there might be some way of accomplishing Mr. Fenske's idea through the Parks and Recreation Commission.
It was noted that the Trails Committee is not an appointed or elected committee of the City.
Mayor Cushing clarified that the Council's intent is to try to take the current Scenic Byway area, from Anchor Point to Homer, to the next level as well as, possibly, incorporating the non designated areas from Anchor point to Sterling.
Councilmember Kranich voiced agreement with Councilmember Fenske about pursuing the Scenic Byways Program. He reported on participating in a teleconference Friday morning for about an hour and forty five minutes on the AML sub committee, Economic Development and Land Use. This committee is tracking three House Bills that have been assigned to it. He gave a brief summary of HB 21, pertaining to a Southern gasline belt; HB 24, proposing to allow boroughs to use general area wide tax revenue to fund tourism promotion; and HB 36, creating up to four economic zones, to facilitate differential taxes or tax relief. He stated that AML is active, the committees are functioning, and information is being gathered to keep track of the progress by the legislature.
Councilmember Ladd mentioned that on the 17th, 35 students of West Homer Elementary successfully passed the bar examination for Youth Court. These are the first students in the State of Alaska to pass this bar examination to work within the disciplinary system of the school. These students have become very familiar with the judicial and legislative processes. He reported that there will be a hearing on the 27th, this weekend, being held at the LIO, regarding the high school qualifying examination. He noted that there are some funding ramifications. The Borough can absorb certain aspects of school funding such as transportation, co curricular activities and aspects of food services. However, the State Board of Education is recommending that the issues of the high school qualifying examination be delayed to the year 2006. Present legislation states that this goes into effect in 2002. This is a real impact on some of the students here in Homer. There are direct financial associations in providing remedial instruction for those who have not passed certain portions of the test; reading, writing and arithmetic. Homer students did well on reading, writing was next and arithmetic was not as strong. He noted that some students will need support.
Councilmembers Cue and Yourkowski had no comments.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 10:33 p.m. The next regular meeting is scheduled for February 12, 2001 at 7:30 p.m. The Land Allocation/Use worksession is scheduled for February 26, 2001 at 5:30 p.m.
_____________________________________
MARY L. CALHOUN, CMC, CITY CLERK
APPROVED: _________________________