Session 04-03, a Regular Meeting of the Homer City Council was called to order at 7:02 p.m. by Mayor Pro Tempore Fenske at the Homer City Hall
Council Chambers located at 491 E Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.
The Committee of the Whole meeting was held from 4:01 to 5:26 p.m. regarding the Regular Meeting Agenda and long term fiscal planning.
PRESENT: COUNCILMEMBERS: BECK, FENSKE, LADD, NOVAK, STARK, YOURKOWSKI.
STAFF: CITY MANAGER WREDE
CITY CLERK CALHOUN
PUBLIC WORKS DIRECTOR MEYER
ABSENT: MAYOR: CUSHING (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 following changes: Memorandum 04-21 as New Business Item C., from Finance
Director, Re: Marc Roderick, dba R/C Land Improvements, Lease; Map for Ocean Drive Loop Sewer LID reflecting the amended boundaries of
January 12, 2004 and the Addition of public comments regarding Ocean Drive Loop Sewer LID, Resolution 03-137(S);
Young People's Presentation was added under Visitors.
The Clerk noted a correction to Ordinance 04-07 in the third recital, Fish Dock Road should be Freight Dock Road.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Public Comments upon any matter on the agenda except Public Hearing items: Ordinance 04-01,Amending Vehicle Permit-- Term, Issuance and Fee;
8.12.200, Chauffeur's License with corresponding Resolution 04-17; Ordinance 04-02, Amending Driveway Permits ; Ordinance 04-03, Amending
Fireworks Permits; Ordinance 04-04, Amending Homer Sewer and Water Connection and Extension Permit Fees and on the New Liquor License
Restaurant/Eating Place with Restaurant Designation Permit for the Cosmic Kitchen and Visitors.
Marsha Carroll asked for permission to read her neighbor's, Skip Richards, letter into the record since he cannot be here tonight, or that someone read
it into the record. She advised that she is a resident of Homer, a registered voter in Homer and that she owns a business in Anchorage, the Campo
Bello Bistro.
Mayor Pro Tempore Fenske granted her permission to read the letter.
Skip Richards Letter: Dear Mayor Cushing and Councilmembers. Thank you for the opportunity to address the continuing issue of the Ocean Drive
Lop Sewer LID. I apologize for not being able to speak to you in person at the January 26 Council meeting, but a prior engagement has me out of
town on that date. As I have already spoken about my position in Council Chambers and with a previous written submission, I will keep this succinct.
My positions have not changed. I fully support the sewer project but do not believe the sewer line needs to run through my property in order to make
the project feasible. As a heavy equipment operator and contractor in the '70s in Anchorage, I have some experience with putting in sewer systems. I
have to disagree with Carey Meyer that it would cost more to run the sewer line straight down the road than to run it through the three lots as
proposed. Yes, the trench will be deep, but current technology allows this to be done safely. The road starts to fall towards the dip at exactly the place
where the proposed line ends with a 'tee' slightly further up that would then run through the three lots mentioned. The trench will not become any
deeper from this point as it declines at least as much as the sewer line would. Once the dip is reached, the trench will quickly shallow to its normal
depth. Whether the sewer line reaches the bottom of the dip down the road or through the three lots is immaterial, as it will reach the same spot, so
there is no consideration of preferred route from this standpoint. The only consideration is if the line goes down the road some of us may need to put
in a lift station between our homes and the line. Ths would only amount to a few hundred dollars and given a $10,000.00 assessment and another
$10,000.00 to hook up to the house, a few hundred dollars more is not an issue. Having to put in a lift station is nothing to us, so please do not
consider this a factor in your decision. My final point involves some of the comments made by residents of the subdivision. The comment of their being
a negative environmental impact by putting in the sewer line has me somewhat perplexed. There is no negative impact from putting in the sewer line. If
the comment was made to address cutting across our three lots, this is not an environmental issue, but rather a personal one. The true environmental
issue is the fact that there is untreated sewage on the surface of the land in the middle of the subdivision. Also, most of the existing septic systems are
reaching the limits of their service life and will need to be redone. The percolation of the ground is poor at best and as more of these systems start
failing, more untreated sewage will be pooling on the surface, which is both an environmental and public health issue. The entire subdivision needs to
be served by a sewer line to prevent untreated sewage from pooling on the surface or leaking into the slough, which is designated as critical habitat for
migrating birds. I am aware of the position certain landowners have taken regarding forming the LID. They have multiple lots and the cost to them
will be quite high. I submit that these same people have prevented the formation of an LID for many years, which will now cost each of the
landowners thousands of dollars more per lot. While I understand their position, my sympathy is muted by the fact that I will have to pay three to four
times the cost because they have refused to agree to something that will benefit us all. Unlike many of the residents of this subdivision, these people
have the resources to pay for the assessment, even if they have to sell one or two lots to pay for it. They are attempting to kill this project for their
own benefit, which will damn the rest of us to pay huge sums of money for septic system renovation or holding tank installation and maintenance. The
decision to move forward with the formation of the LID, to eliminate certain lots from the LID or to just deny the LID is with the Council. It is my
opinion that the formation of the LID and building a sewer line for the whole subdivision is in the best interest of all the residents of the subdivision
and for everyone in the Homer area. With a sewer upgrade for the subdivision, property values will rise as will property taxes paid to the City. Given
the fiscal environment in the state now, any increase of revenue for the City should be strongly considered. Without the sewer upgrade the property
owners of the subdivision will be severely restricted in their ability to sell their properties, as banks will not lend money to purchase houses with faulty
and unapproved sewer systems. I urge the Council to form the LID for the entire subdivision for the good of everyone involved. Oh, and please run
the line down the road, not through my lots and buildings. Thank you for all your time and consideration.
Dale Haley advised the Council that he is a owner of property in the middle of the area where sewer is being requested. He urged the Council to put
on their extra tuffs and walk around back in that lot in that subdivision. He told the Council that they will find it boggy, smelly, perhaps, not too much
this time of year. He reported that in the spring time the Council will see what the people are talking about. He voiced his opinion that if the health
care professionals in this City would come out and take a look they would consider this a real health issue, interjecting that it smells back there. He
emphasized that this sewer project needs to be done and urged the Council to vote that way. He acknowledged that they were all going to have to
pay, adding that they have a nice little subdivision right in the middle of the City that needs to have sewer. He thanked the Council for their time.
Marsha Carroll, owner of lot, read her comments into the record: Greetings. I am a resident and a voter in the hamlet by the sea. I own lock, stock and
barrel a beautiful little home on an acre and a half in the Oscar Munson Subdivision. This is a wonderful neighbor, except for the stench of the sewage
of the raw sewage. Some of you may think that comes from the sewage treatment plant across the slope. I invite you to visit the muskeg center to the
subdivision. Please wear tall boots. Some say this preserve should be just that, a wild life sanctuary. Well, it is just that now. How could laying sewage
pipes and a pump station under existing roads compromise this? Certainly the ground will be free from sewage and grey water. Think of the cleansing
chemicals that we all use every day. Where do they go? I'll tell you. They go into the federally protected wet lands that border my property. I own fifty
feet into this Federal Wildlife Refuge. Tidelands are fringe border so the Federal owns fifty of mine and I own fifty feet of theirs. I'm not sure you
know that so that is why I am telling you. So I own fifty feet into this Federal Wildlife range. I have a holding tank. Few other property owners do
have a holding tank. The reason why I have a holding tank is that six years ago the City of Homer refused to let me put in a septic, they refused to give
me a septic tank and refused to give me sewer! Hello. It is my desire and my duty to protect this avian refuge and sanctuary from chemical pollutants.
Some parties to this issue oppose the clear cut quarter across three lots, mine's in the center. To accommodate bypassing a pump station. I too oppose
this, however, I own this land and will not have a neighbor tell me how I will treat it. This goes to the life, liberty and pursuit of happiness. It's a
quality of life issue. I'll clear cut the entire lot if I so please. I don't want to. You don't want to. So why is everybody being so contentious? I will
address this issue. I will address these issues to the Federal Wildlife Protection Agency, the EPA, Congressional, Senatorial and Governor's Office of
the State of Alaska. All I want is to be able to flush my toilet. At least every second time. Not every fourth or fifth time. Thank you.
John Velsko stated that he lives in the City of Homer and that he wants to address Memorandum 04-09(S) from the last Council meeting, substituted
on the day of the meeting. He advised the Council that he did not get a chance to come on that day. He asked the Council to not act on the Public
Works Director's recommendation to relocate and extend water and sewer utilities inside Kachemak City until and unless the City Manager of Homer
receives a legal and timely commitment from Kachemak City agreeing to annexation by the City of Homer. H stated that the recently dusted off the
plans for this proposal are old plans and dated 2000. He noted, as Council is aware, the City of Homer had plans back then to annex quite a few miles
beyond Kachemak City, so maybe that plan made sense then. He suggested that the political fire storm that generated has only begun to die down and
it is safe to say that any further forced annexation by the City in that direction are in the future. He voiced his opinion that this was a reckless gamble
of City money and resources to begin planning of utility infra structure into areas outside the City limits when the outcome of annexation was yet to be
decided. He stated that right now it would be a reckless use of City money to relocate and extend utilities into another municipality when the City of
Homer receives no property tax revenues from such a venture. He commented that the new Homer City residents on the south side of East End Road
will be better served by crossing East Road at Birch Street with City utilities, should Kachemak City opt out of joining the City of Homer. He
expressed his hope that the City Council would direct the City Manager to begin annexation discussions with Kachemak City as soon as possible. He
reported that he has looked at the plans, talked to the engineers and that he believes there is some mis information about these lift stations. He noted
that when Kachemak City had sewer installed the City had no qualms about putting in a lift station to another municipality, but now there is this
thinking that lift stations cost a lot of money. He asserted that if Homer can afford to put in a lift station for another municipality, Homer should be
able to afford to do this for the citizens of Homer.
Chris Newby advised that he is a resident of the City of Homer and a property owner in the Oscar Munson Sewer district. He encouraged the Council
to pass the reconsideration measure and to pass the improvement district. He voiced his opinion that it is important, as so much of the testimony as
noted, that the hazardous or public health issue be solved in this area and that these improvements would improve the environmental situation in their
neighborhood. He noted that the majority of their neighbors went through the LID process, following it to the tee and that the majority voted in favor
of the LID. He stated that he thinks they have gone through all of the steps, that it makes sense environmentally, it makes sense from a public health
stand point and will hopefully make sense as the Council looks at this again this evening. He thanked the Council for their time.
Kelly Cornick reported that she has been a resident in Homer for three years and that she loves Homer. She advised the Council that her reason and
purpose for being today is to ask that the teens be placed on the agenda for the next meeting to begin talking about how to find a facility or maybe to
help them find a facility or monies to fund a facility to get the kids out of McDonalds and away from Safeway and other public places. She pointed out
that she brought some friends with her so that they can sort of give some input to the Council about the teenage situation here. She noted that the kids
need a place to themselves to sort of develop their own sense of self expression in more of a positive manner. She informed the Council that she is sort
of a mentor for them and would like to have a part in supervising this particular facility. She commented on being at the last City Council meeting and
providing the Council with her own thoughts and observations and that she had promised that she would bring some kids, noting that "here they are".
She told the Council that they do not know what they are doing, but do want to start somewhere with the City and community.
Mayor Pro Tempore Fenske clarified that the Council has provided time under Visitors for the teenagers.
Gary Van Hooser addressed the Council and told them that he is a resident of Homer and a resident of one of the nicest neighborhood's in the City,
the Oscar Munson Subdivision. He encouraged the Council to approve the sewer lid. He reported that he has lived there for many years and that
during this time this issue has come up before, has gone through the process and has not passed. He voiced an understanding and respect for the
process. He noted that recently they went through the same process and it did pass. He said that he wanted to encourage the Council to approve this
sewer district. He commented that he is fortunate in that he does not get the sewer smell too much, that he does not doubt that it is there. He
emphasized that this is a wonderful little subdivision with a lot of wonderful people living there and all they want is City sewer and they are willing to
pay for it. He expressed his feeling that it is much safer to have City sewer than to have DEC approved septic tanks. He commented that there are
existing septic tanks, but in order to progress and move on it is important that they have the opportunity to put in the sewer, to pay as members of the
improvement district. He reiterated his encouragement to the Council to vote on this and approve it. He thanked the Council.
Don McNamara stated that he also is a resident of Homer and land owner in the Ocean Drive Loop Sewer LID and that he would like the Council to
consider the sewer LID one more time. He recalled it being about eight years since the last time it was before the Council and that at that time it was
about $4,000.00, now it is over double this time around. He commented that it seems like the Council is wanting to scale back the LID a bit, to get a
few of the land owners. He displayed the map depicting the boundaries with deleted parcels and noted that there is a property owner who wants the
sewer service and who will be deleted if those lots are not included. He stated that it seems like our forefathers gave us all the water we want, but no
where to put it. He emphasized that they went through the democratic process and got 55% of the land owners together and said they'd like to have
the sewer. He questioned Councilmember Beck's vote if it was on the LID or on the amendment to the LID.
Councilmember Beck responded that she was voting no on the LID based on the configuration of the actual sewer line.
Mr. McNamara stated that at this point they are just getting the LID together and then the engineering is going to take over.
Mayor Pro Tempore Fenske clarified that Mr. McNamara needs to address the entire Council and that inquiring about how a Councilmember votes is
best done prior to the meeting.
Mr. McNamara thanked the Council for their time and to not follow in their forefather's foot steps.
Valerie Connor commented that she is a resident of the City and that she lives in the Oscar Munson Subdivision, a wonderful little place that has some
problems. She elaborated on the problems; water quality going into the slough, into the bay and the sluffing off of the land into the seawall; noting that
the sewer is very much needed. She voiced concern that the sewer line will eliminate trees that help keep the land dry. She advised that the water is
not perking and is eroding the bluff. She voiced her opinion and hope that as many trees as possible be left, adding that there is some new technology
so that sewer lines can be placed without taking a fifty foot swath of trees down. She voiced her hope that the sewer line will be installed in a
responsible way that keeps as many trees as possible. She noted that there are a lot of trees dying in town and this area has a lot of beautiful live trees.
She thanked the Council.
Paul Hueper advised that he is also a resident of the Munson Subdivision and that he requests consideration of the City Council to approve the LID in
its entirety. He stated that he is really in favor of it and, as one of his neighbors alluded to, there is an unusual situation of the area having all the water
it wants with no place to put it. He voiced concerns regarding the environmental issues, being 80% surrounded by water between the slough and the
ocean, and that he would like to see the sewage taken away from the land versus to just letting it dangle on top of the surface. He noted that they are
less than half mile from the sewer plant, central to the City and is just a wise thing for the City staff to go ahead and put in the LID. He commented
about the sewer line passes them and that it goes six miles out to the end of the Spit. He encouraged the Council to move forward with the LID in its
entirety. He thanked the Council.
John Szajkowski advised that he is a resident of the Ocean Drive Loop Sewer LID area and that he can't really add a lot more to what the people have
already said, those that have spoken before him. He noted that one of the chief issues is the environmental concerns for the area. He voiced his belief
that Carey Meyer and the Public Works Department can figure out the details of the design. He noted that there are an increasing number of residents
in the area, which puts an increasing demand on the percolation of the ground and this goes right back to the environmental concerns. He voiced his
opinion that this property, an area close to the core of the City, needs to be respected and action taken as immediately as can be taken. He encouraged
the Council to push ahead on the LID and to vote positively for it. He thanked the Council.
Barbara Petersen, as a member of the Oscar Munson Subdivision, stated that she guesses that she has not understood what happens once an LID
process is passed, that she has not done her homework to talk this through with Mr. Meyer, adding that he has explained a lot to her about their
subdivision and why it is the way it is. She expressed wonder at how much input the property owners have involved in an LID and that Carey has
mentioned that the contracted engineer designs at a sort of 35% point, 65% point and 100% point in creating his design, which is what she would
understand. She said she guesses she wants to know if the property owners can be involved at the 35% point of the design, at the 65% point and as it
goes along, given the nature of the subdivision and the issues that the property owners are dealing with. She asked if they can be a part of this process
so that perhaps they can find a design that will meet all of the needs of financial, environmental, and for everyone involved. She stated that she does
not know if that happens and so wants to vote against it, because she wants the dialog before there is an LID and because she has no assurance that,
although it basically meets the needs of the original request of the LID, there are issues. She noted that they have been reassured by Mr. Meyers and
by other City people that this is just a preliminary and that they work from here. She stated that she cannot be assured that this is what it is going to be
or that they won't be able to develop it within the context of the LID and the property owners in a way that can meet many of the issues with which
they all agree. She wondered how they can find a way so that this can go down the road. She advised that there are three other properties that at the
moment the LID has sewer going across and that she thinks in the Council's paperwork it includes Mrs. Ronne's addition to the packet tonight. She
relayed agreement with the other three that they really don't want this to go across. She informed the Council that, along with all of the other
discussion they have had, she just wanted to add that in, "How are we assured as property owners of being involved in this so that we are not faced at
the end with something that is not what we really wanted?"
Mayor Pro Tempore Fenske elucidated the LID process.
City Manager Wrede relayed the Public Works Director's comments during the Committee of the Whole, adding that the Director made a commitment
to the Council that he would involve the people in the LID and the public as much as possible. He affirmed that the current design is very preliminary.
Barbara Petersen thanked the Council for their time.
RECONSIDERATION
A. Memorandum 04-13, from City Clerk, Re: Councilmember Ladd's Notice of Reconsideration Regarding the vote on the main motion for Resolution 03-137(S), Of the City Council of the City of Homer, Alaska, Authorizing the Formation of the Ocean Drive Loop Sewer Assessment District and Authorizing the City Manager to Proceed with the Preparation and Construction of the Ocean Drive Loop Sewer Project.
Recommendation: Move for reconsideration of the vote on Resolution 03-137(S) having voted against the Resolution.
LADD/STARK - MOVED FOR THE RECONSIDERATION, APPROVAL OF MEMORANDUM 4-13, OF RESOLUTION 03-137(S).
Councilmember Stark noted that if this motion passes the Council will act on the Resolution under the agenda item entitled Resolutions.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
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 unapproved meeting minutes of January 12, 2004 Special Meeting and Regular Meeting. Recommend approval.
B. Ordinance 04-06, Of the City Council of Homer, Alaska, Appropriating the State Homeland Security Grant for Motorola Brand Radios and
Communications Equipment and Authorizing the City Manager to Execute the Appropriate Documents. HPD. City Manager. Fiscal Note: Budgeted
via Ordinance 03-64, Revenue and Expenditure Account151-784 State Homeland Security Grant for HPD Dispatch Center and Radios
$562,923.00Recommend introduction and that the public hearing and second reading be held February 9, 2004.
Memorandum 04-16, from Chief of Police as backup.
C. Ordinance 04-07(C), Of the City Council of Homer, Alaska, Accepting and Appropriating a Reimbursable Grant in an Amount Not to Exceed
$325,000.00 from the Alaska Department of Fish and Game, Division of Sport Fish (ADFG), for Constructing Plumbed and Non Plumbed Restrooms
and Fish Cleaning Site and that the City Manger is Authorized to Execute the Appropriate Documents. City Manager. Port/Harbor. Fiscal Note: New
Revenue and Expenditure Account 415-917, ADFG Reimbursable Grant of $325,000.00 for P/H Restroom and Fish Cleaning Site. Recommend
adoption and that the public hearing and second reading be held February 9, 2004.
Memorandum 04-15, from Port/Harbor Director as backup.
D. Resolution 04-15, Of the City Council of Homer, Alaska Awarding the Contract for Professional Planning Services for the Development of the
Sterling Highway National Scenic Byway Nomination and Corridor Management Plan to the Firm of Jensen Yorba Lott, Inc of Juneau, Alaska in the
Amount of $119,934.00 and Authorizing the City Manager to Execute the Appropriate Documents. Administrative Assistant. City Clerk. Fiscal note:
Project Budgeted in Acct. 151-860, via Grant, Ordinance 03-26. Recommend adoption.
Memorandum 04-14, from Administrative Assistant as backup.
E. Resolution 04-16, Of the Homer City Council Confirming the Assessment Roll, Establishing Dates for Payment of Special Assessments and
Establishing Delinquency, Penalty and Interest Provisions for the Mariner Village/Thorn Subdivision Water and Sewer Assessment District. City Clerk
Fiscal Note: Budgeted: Total project cost: $528,544.95, 50% assessed to the property owners, or $264,727.48, and 50% to the HAWSP. Assessment
methodology is equal shares per parcel or $6,954.54 per parcel per utility. Recommend adoption.
F. Memorandum 04-18, from City Clerk, Re: Vacation of a Portion of Larry Lane Dedicated by Scenic View Subdivision (plat HM 52-587) and
Associated Utility Easements; within Section 10, Township 6 South, Range 13 West, Seward Meridian, Alaska; City of Homer and within the Kenai
Peninsula Borough; KPB File 2004-002. Recommend consensus and non veto.
LADD/BECK - MOVED FOR THE APPROVAL OF THE RECOMMENDATIONS OF THE CONSENT AGENDA AS READ. (by Mayor Pro
Tempore Fenske)
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VISITORS
A. Kenny Bryant, Representative of the Young Adults addressed the Council regarding a need for a Teen Program, some type of Teen Center, On the
Job Training and associated issues.
Mayor Pro Tempore Fenske asked for a show of hands from the audience of those for whom Mr. Bryant will be speaking. There were numerous
hands that were raised, most of those in the north side seating area of the Council Chambers.
Kenny Bryant advised that he is the representative of a number of teens/young adults in this community. He informed the Council that he is present to address a growing problem in this community and that is the lack of teen involvement in this community and visa versa:
The need to be more in the community.
Teens, as a whole, are a great power.
Looking to give back to the community.
Request a building, a facility to meet their needs.
He advised the Council on the situation with the Choices for Teens, Teen Center, that was shut down roughly eight months ago. He relayed that they
feel a Teen Center is not just a place to congregate, it is a place wherein they can express themselves freely amongst peers who positively influence
them as they grow. He commented that once the Teen Center was lost people congregated at McDonalds, which kind of became their surrogate Teen
Center. He voiced appreciation to McDonalds for all that they have done, noting that McDonalds was never meant to house forty or fifty teens at a
time.
There was a question and answer period with the Council.
Council asked:
Are you an organized group?
What did the Teen Center offer you?
Why did the Teen Center close?
Who is the new Director for Choices for Teens?
Has your group got together with the new Director to see if there is something he can do?
Do you have a program or plan in mind for what you would do with this building? How it would be managed? How it would be operated and maintained?
Mr. Bryant responded:
They are a group of organized young adults with a mission statement, with common goals and interests.
They all met in High School and over time the group changed and grew.
The Teen Center offered job opportunities, one of the greatest points. Teaching good job skills and how to build a resume. Learned a lot about alcohol and tobacco. Learned cons and awareness. For two months there was a Youth Awareness Symposium and once a week, every Tuesday, they watched videos and had a meeting as an awareness tool.
The fiscal year came up, there was a mistake, Sabrina Hillstrand, who was leaving for Illinois, the main grant that was 60% of funding was lost and most of the grants were lost. Choices for Teens went from an eight program corporation to a two. The only working program in Choices for Teens right now are the parent classes and working, jobs program.
The new Director is the retired Mayor of Seldovia. They were developing a group of ambassadors to go see the new Director when Choices for Teens shut down for restructuring. The new Director is believed to be one of the people who left.
Would like to build on a program that Choices for Teens had, it was youth/adult partnership. You cannot give a group of teens a building and a $50,000.00 or $100,000.00 grant and expect them to be able to pay the bills, the land lord, taxes etc. The money comes in for the youth, but the output input is done by adults. Youth do not have the management or important business skills.
Have been on the look out for a new place. The old coffee shop adjacent to Don Jose's may be a good facility.
Have not found a non profit 501(c) organization.
Mayor Pro Tempore Fenske expressed his view that they are headed in the right direction, having identified the problem and a possible solution. He
suggested that Mr. Bryant and maybe two to four others touch base with City staff and that he would like to be a part of that. He advised that there is
not, necessarily, any City money available. He noted that this same thought has been voiced by parents, that the young people have no where to go.
He commended the previous Choices for Teens Program and that it was too bad Sabrina Hillstrand left and that the grant fell through. He voiced
appreciation for the presentation and thanked Mr. Bryant for his time.
There was a round of applause.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS
None scheduled.
PUBLIC HEARING(S)
A . Ordinance 04-01, Of the City Council, Amending Homer City Code Sections 8.12.150, Vehicle Permit-- Term, Issuance and Fee; 8.12.200,
Chauffeur's License -- Required. City Clerk. (First Reading January 12, 2004, Public Hearing and Second Reading January 26, 2004.)
There was no public testimony.
LADD/YOURKOWSKI - MOVED FOR THE ADOPTION OF ORDINANCE 04-01 BY READING OF TITLE.
There was no discussion.
VOTE: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
A.1. Resolution 04-17, Of the City Council, Amending the City of Homer Fee Schedule, Public Safety Fees, Public Transportation. City Clerk.
Follows same schedule as Ordinance 04-01.
There was no public testimony.
B. Ordinance 04-02, Of the City Council Amending Homer City Code Regarding Driveway Permit, Section 11.08.040, Permit Required. City Clerk.
(First Reading January 12, 2004, Public Hearing and Second Reading January 26, 2004.)
There was no public testimony.
LADD/STARK - MOVED FOR THE ADOPTION OF ORDINANCE 04-02 BY READING OF TITLE.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Ordinance 04-03, Of the City Council Amending Homer City Code, Fireworks, Section 5.24.050, Exceptions for Authorized Exhibits -- Permit
Required. City Clerk. (First Reading January 12, 2004, Public Hearing and Second Reading January 26, 2004.)
There was no public testimony.
NOVAK/LADD - MOVED FOR THE ADOPTION OF ORDINANCE 04-03 BY READING OF TITLE.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
D. Ordinance 04-04, Of the City Council Amending Homer City Code Sections 14.04.055, Sewer Connection and Extension Permit Fee, and
14.08.035, Water Connection and Extension Permit Fee. City Clerk. (First Reading January 12, 2004, Public Hearing and Second Reading
January 26, 2004.).
There was no public testimony.
LADD/BECK - MOVED FOR THE ADOPTION OF ORDINANCE 04-04 BY READING OF TITLE.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
E. New Liquor License Restaurant/Eating Place with Restaurant Designation Permit for the Cosmic Kitchen.
There was no public testimony.
ORDINANCE(S)
A Ordinance 03-52, Of the City Council of Homer, Alaska, Appropriating Monies from the Alaska Department of Community and Economic
Development, Fisheries Revitalization Aid, in the Amount of $80,914.12, for a Port/Harbor Restroom and Authorizing the City Manager to Execute
the Appropriate Documents. Finance. P/H. City Manager. Fiscal Note: Expenditure Acct. Acct. 415-380 Port/Harbor Restrooms (First Reading
09/22/03, Remanded to the Port/Harbor Commission. (First Reading 10/13/03 POSTPONED TO December 8, 2003, Public Hearing January 12,
2004,Second Reading January 26, 2004.)
BECK/NOVAK - MOVED FOR THE ADOPTION OF ORDINANCE 03-52 BY READING OF TITLE.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
CITY MANAGER'S REPORT
A. City Manager's Report (Updates and follow up; Homer Animal Friends/Shelter design recommendations; Homer Electric Association Press Release
- Hiring of New General Manager - Bradley P. Janorschke effective February 10, 2004; Homer Airport Security; DOT's Draft City of Homer
Intersections Planning Study.)
B. Game Report.
There was a lot of discussion.
City Manager elaborated on some of the items in his report.
There was quite a bit of discussion on the DOT Draft City of Homer Intersections Planning Study.
Mayor Pro Tempore Fenske called for a recess at 8:25 p.m. reconvening the meeting at 8:36 p.m.
City Manager Report section continued.
The cross walks will be placed on Pioneer Avenue as budgeted before the study is completed, with the State's concurrence.
The Manager was commended for submitting a good report. He was asked to talk to DOT regarding having a turning lane at the East End Road and
East Hill intersection similar to the one at the West Hill and Sterling Highway intersection.
Public Works Director Meyer noted that the study provides a perfect opportunity to ask or voice any concerns. He advised the Council that City staff
will be reviewing the plan and will be involved with the process since the rules state that when Federal dollars are spent there must be coordination
with local government. He informed the Council that he has taken a few notes from some of the comments and will see if he can introduce some of
these things into the study. He voiced his belief that the right thing to do is to review/study the entire area prior to installing any major traffic control.
Public Works Director Meyer responded to questions regarding the status of Animal Shelter Project and that today, he delivered to the City Manager
a draft memorandum that included some of the assumptions made regarding design, estimated construction and design costs, drew up conception site
plan, work that needs to be accomplished to build the facility proposed by the Friends of the Animals, and that the cost does approach a million
dollars. He advised that the purpose of the memorandum is to inform Council of the costs before getting started so that the Council can answer the
questions or make suggestions on what Council would like to see.
City Manager Wrede advised that he and the Public Works Director will be reviewing the Animal Shelter Project and that he would like to come back
to the Council with some alternatives.
COMMITTEE REPORT
A. Road Standards Committee.
The Road Standards Committee is reviewing the Transportation Plan and covering some good grounds.
B. Town Center Development Committee.
Councilmember Beck reported that the Committee met last Thursday and essentially has been looking at likes and dislikes and assessing all of the
plans made by the University of Washington Students as well as the Chris Beck Plan. She stated that the Town Center Development Committee is
very interested in working with the Road Standards Committee and the Trails Committee.
PENDING BUSINESS
NEW BUSINESS
A. Memorandum 04-19, from City Clerk, Re: New Liquor License Restaurant/Eating Place and Restaurant Designation Permit for the Cosmic
Kitchen.
Recommendation: Voice non objection and approval to the New Liquor License Restaurant/Eating Place and Restaurant Designation Permit for the
Cosmic Kitchen.
YOURKOWSKI/LADD - MOVED FOR THE ADOPTION OF THE RECOMMENDATION OF MEMORANDUM 0419 BY READING OF TITLE.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Memorandum 04-20, from City Manager, Re: Advertising, Franchising and Naming Rights for the New Hockey/Multi Purpose Recreational
Facility.
Recommendation: The Manager's recommendation is that the Council:
1. and that the plan be incorporated into the advertising and concessions agreement referenced above.
2. Endorse the fund raising and revenue allocation strategy whereby the first three years of1 advertising and/or naming rights revenues go to the capital campaign and the remainder to M&O
3. Permit the selling of naming rights for the sheet of ice, the hockey rink itself, or possibly other things (ie., the scoreboard) but not the building itself.
STARK/LADD - MOVED FOR THE APPROVAL OF THE RECOMMENDATION OF MEMORANDUM 04-20.
There was no discussion.
LADD/YOURKOWSKI - MOVED TO AMEND THE FIRST RECOMMENDATION, WHERE IT SAYS "APPROVE THE SELLING OF
ADVERTISING SPACE BUT STIPULATE THAT IT BE SUBJECT TO A PLAN APPROVED BY BOTH PARTIES", I'D LIKE TO STRIKE
THE WORDS "BOTH PARTIES" AND INSERT "BY HOMER HOCKEY ASSOCIATION AND HOMER CITY COUNCIL".
It was noted that the MOU was amended to clearly state both the Homer Hockey Association and approved by the Homer City Council and that this
recommendation should read the same way.
VOTE:(primary amendment 1.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
There was a question regarding what "other things" means in item 3.
City Manager Wrede advised that there were a lot of things commented upon and so he just threw in other things and that it seems today that the list is
endless on what things for which naming rights can be sold.
Support was mentioned for the recommendation and that Council should probably not get into this area of what things can be sold for naming rights
except the naming of the building itself. The allocation of the monies generated from naming rights was discussed.
LADD/YOURKOWSKI - MOVED TO INSERT AFTER OTHER THINGS, IN THE PLAN APPROVED BY CITY COUNCIL. (Item 3.)
There was some discussion pro and con and on the words "other things".
Councilmember Beck encouraged the Council to err on the side of caution.
Councilmember Ladd agreed that the groups have to work together and that the Council should have final approval.
FRIENDLY AMENDMENT - STRIKE "OR POSSIBLY OTHER THINGS" AND INSERT "IN THE PLAN APPROVED BY CITY COUNCIL,
AND LEAVE THE REST OF THE SENTENCE.
The sentence would read: Permit the selling of naming rights for the sheet of ice, the hockey rink itself, in the plan approved by Council (ie., the
scoreboard, etc.) but not the building itself.
The plan could include a variety of things.
There was no objection to adding "etc." after scoreboard.
There were no objections to the friendly amendment.
VOTE:(primary amendment 2 as friendly amended) YES: YOURKOWSKI, NOVAK, BECK, FENSKE. LADD.
NO: STARK
Motion carried.
There was no further discussion.
VOTE:(main amended motion) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Agenda Addition: Memorandum 04-21, from Finance Director through City Manager, Re: Marc Roderick, dba R/C Land Improvements, Lease.
Fiscal Note: Unbudgeted and no account number assigned: Additional lease revenue to the Port and Harbor in the amount of $9,711,00 and applicable
harbor fees, (dockage, wharfage, etc.).( This is to lease a portion of lots 1 & 2 of Homer Spit Subdivision #5, to operate a log storage yard.The lease
term is from January 24, 2004 through May 15, 2004, with no renewal options. The lease rate is $2,614.00 per month, plus tax.)
Recommendation: Homer City Council approval of the attached lease agreement between the City of Homer and Marc Roderick, dba R/C Land Improvements.
YOURKOWSKI/NOVAK - MOVED FOR THE APPROVAL OF THE RECOMMENDATION OF MEMORANDUM 04-21.
It was noted that this is a short term lease and therefore, not subject to the RFP requirements in the Lease Manual. The area will be cleaned up by May
15, 2004. The intent is after May 15 to market it and RFP it and the entire Gates Lease area.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
RESOLUTIONS
A. Resolution 03-137(S), Of the City Council of the City of Homer, Alaska, Authorizing the Formation of the Ocean Drive Loop Sewer Assessment
District and Authorizing the City Manager to Proceed with the Preparation and Construction of the Ocean Drive Loop Sewer Project City Clerk.
Fiscal Note: Total estimated project cost: $1,005,750.00. Property owner assessments at 75%: $754,312.99. The City's share will be funded from the
Homer Accelerated Water and Sewer Program. Total assessment per parcel is $9,796.27.
Reconsideration passed.
MAIN MOTION IS ON THE FLOOR AS POSTPONED: STARK/YOURKOWSKI - MOVED TO APPROVE BY READING OF TITLE.
JANUARY 12, 2004 meeting vote: Vote on main amended motion as recorded on January 12, 2004: YES: FENSKE, STARK, NOVAK.
NO: LADD, BECK.
Motion failed.
January 12, 2004 motion for amendment: LADD/BECK - MOVED TO AMEND RESOLUTION 03-137(S) TO AMEND THE BOUNDARIES AS
STATED ON PAGE 345, MAP. (Map attached to Memorandum 04-10)
Vote on amendment as recorded on January 12, 2004: (primary amendment) YES: BECK, FENSKE, STARK, NOVAK.
NO: LADD.
Motion carried.
The amended version is on the floor: Fiscal Note: Reduction of 17 lots, from 77 lots to 60 lots, Project cost from $1,005.750.00 to $890,098.00. 75%
is $667,573.50 for a new assessment amount of $11,126.23. or an increase in assessment amount of $1,759.05.
Council discussion included:
Easements and environment.
Preference to run the lines down the road.
Health and safety issues and concerns.
Unapproved and failing septic systems.
Lack of the ability of the soils to accept the fluids being pumped into the soil, those fluids surfacing and running off into the watershed.
Takes multiple flushes to get the materials to the holding tanks.
Desire to follow the Water and Sewer Master Plan for future LIDs.
Feasible and economical alternatives have not been presented.
Unresolved easement, pump station, boundary, tree issues.
Estimated costs do not reflect not having easements.
Are concerns of the property owners going to be listened to.
Can't solve all the problems or do a final design until the district is formed. Have to have a project to allocate costs to. There is confidence in the Public Works Department that they will talk to the people at various stages along the process.
Health emergency in the area currently exists.
When the sewer system is done it will eliminate those items going into the ground, a big positive in that regard.
Project badly needed.
Public Works asked to do some more studies to see if changes can be done in routings. Run the lines down the roadways. Mitigate the roads through trees and area on the Beluga Slough side. Maybe the line could run along the northern side of the property and over to Ocean Drive crossing below Beluga Lake Lodge.
Sewer lines have to go from A to B.
Should be an on going dialog with the property owners.
Delaying this project will exacerbate the health and environmental problems and concerns.
Approving this LID is a signal to go ahead and get more information to take it the next 35% of the way. Soils testing, mitigation and who is going to pay for what. The project could increase in cost and at that time would be sent back to the property owners.
There will be a City cost outlay whether this comes to fruition or not.
VOTE: (Reconsidered motion as originally amended) YES: BECK, FENSKE, LADD, STARK, NOVAK.
NO: YOURKOWSKI
Motion carried.
B. Resolution 04-13, Of the City Council of Homer, Alaska Providing Input to the Kenai Peninsula Borough Assembly Regarding the Borough
Comprehensive Plan. Ladd. Postponed on January 12, 2004, main motion is on the floor.
Main motion as postponed on January 12, 2004: LADD/STARK - MOVED FOR THE ADOPTION OF RESOLUTION 04-13 BY READING
OF TITLE.
(KPB - Kenai Peninsula Borough.)
YOURKOWSKI/LADD - MOVED TO AMEND TO ADD ITEM 11. AS PASSED OUT:
11. That the Kenai Peninsula Borough and the City of Homer enter into an "area of city impact agreement" to promote the orderly development of
land within one mile of Homer City limits. Because land in the area of "city impact" is in direct proximity to the City of Homer, it is an area in which
growth and development is expected to occur and have future impact on the City of Homer. Proposed changes to the Kenai Peninsula Borough
Comprehensive Plan would include a proposed "impact area" surrounding the City of Homer where management of land uses is jointly approved by
the Homer City Council and the Kenai Peninsula Borough Assembly.
Discussion:
This was discussed last year and was one of the driving forces behind annexation.
This is a method of controlling growth outside City limits without annexation.
Concern expressed that this amendment could tear down relations with people outside the City and terrify those who live outside the City and will not create the air of compatibility that the City of Homer wants to have.
This verbiage has been pirated from Moscow, Idaho and is similar to many cities. Many people come to Homer to use the City facilities and City
people go outside the City and use roads and etcetera.
NOVAK/BECK - AMEND WITHIN ONE MILE TO STRIKE AND SAY NEAR THE CITY OF HOMER.
There was comment that this has a certain amount of vagary, what is near?
VOTE: (friendly amendment) YES: NOVAK.
NO: YOURKOWSKI, STARK, BECK, FENSKE, LADD.
Friendly amendment failed.
Amendment was discussed further.
VOTE:(primary amendment 1) YES: NOVAK, BECK, FENSKE, LADD, YOURKOWSKI.
NO: STARK.
Motion carried. Item 11 is added.
Councilmember Novak passed out suggested amendments to the Resolution.
NOVAK/YOURKOWSKI - MOVED TO AMEND ITEM 1. THAT THE KENAI PENINSULA BOROUGH SUPPORT THE DEVELOPMENT
OF THE PORT OF HOMER AS A TRANSPORTATION HUB, DELETE "AND CONTAINER FACILITY SERVING THE NORTHERN GULF
OF ALASKA" ADD "FOR LOWER" COOK INLET, DELETE "KACHEMAK BAY", AND THE ADD "LOWER" KENAI PENINSULA ADD
"RECOGNIZE THE PORT OF HOMER"AS A DELETE "KEY" INSERT "GATEWAY" TO THE PENINSULA'S ECONOMY AND ADD "ITS"
LINKAGE WITH THE SOUTHWEST ALASKA TRANSPORTATION PLAN.
If amendment passes Item 1. would read: That the KPB support the development of the Port of Homer as a transportation hub and container facility
serving the northern Gulf of Alaska for lowerCook Inlet, Kachemak Bay and the lower Kenai Peninsula, recognize the Port of Homer as a
keygateway to the Peninsula's economy and its linkage with the Southwest Alaska Transportation Plan.
There was some discussion. The amendment is for clarification.
Mayor Pro Tempore Fenske recognized the informal call for the question by Councilmember Stark.
VOTE: (primary amendment 2.) YES: STARK, NOVAK.
NO: LADD, YOURKOWSKI, BECK, FENSKE.
Motion failed.
Item 1. Reads: That the Kenai Peninsula Borough support the development of the Port of Homer as a transportation hub and container facility serving
the northern Gulf of Alaska, Cook Inlet, Kachemak Bay, and the Lower Kenai Peninsula as a key to the Peninsula's economy and linkage with the
Southwest Alaska Transportation Plan.
YOURKOWSKI/STARK - MOVED TO REORDER ITEM 4. TO ITEM 2.
There was no discussion.
VOTE: (primary amendment 3.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
STARK/YOURKOWSKI - MOVED TO AMEND ITEM 3. THAT THE KPB RECOGNIZE THE ECONOMIC BENEFITS FROM LOWER
KENAI PENINSULA RECREATION AND TOURISM, INSERT "TO THE ENTIRE KENAI PENINSULA" AND AGGRESSIVELY MARKET
THIS INDUSTRY AS A YEAR-ROUND ACTIVITY.
There was no discussion.
VOTE:(primary amendment 4.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Item 3. now reads: That the KPB recognize the Economic Benefits from the Lower Kenai Peninsula Recreation and Tourism to the entire Kenai
Peninsula and aggressively market this industry as a year round activity.
STARK/LADD - RENUMBERING ITEM 5 TO ITEM 4 AND TO THE THIRD LINE FROM THE END OF THE PARAGRAPH FALLING
UPON IN THE MIDDLE OF THE SENTENCE TO INSERT "LONG" THEN FOLLOWING THE NEXT WORD NARROW TO INSERT
"SECTIONS OF" TAKE THE S OF HIGHWAYS AND REST OF THE SENTENCE WILL READ THE SAME.
Number 4. would read: That the KPB work with the State of Alaska to obtain the necessary funding and resources to develop a Kenai Peninsula
highway system capable of handling commercial and private traffic in a safe and efficient manner. All residents and visitors to the Kenai Peninsula are
dependent upon long narrow, sections of winding highways for vehicle access to and from Anchorage, and each year highway fatalities result from
these travel conditions.
STARK/ - MOVED THAT THE SECOND SENTENCE IN TIME 5. BE STRIKEN
Motion dies for lack of a second.
There was discussion that this is worth saying to the Borough.
VOTE: (primary amendment 5.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
LADD/YOURKOWSKI - MOVED TO CHANGE ITEM 6. TO ITEM 5. AND FROM THE THIRD WORD FROM THE END ADD "LOCAL" SO
THAT IT WILL READ: THAT THE KPB REQUIRE DEVELOPERS TO CONSTRUCT ROADS TO LOCAL STANDARDS PRIOR TO
DEVELOPMENT OF BUILDINGS WITHIN THE DEVELOPMENT AREA.
There was discussion. This is in support of Homer's Assemblymember.
FENSKE/MOVED TO AMEND TO STRIKE LOCAL AND INSERT BOROUGH
There was some discussion.
VOTE:(secondary amendment 1 to amendment 6.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Discussion continued.
STARK/NOVAK - MOVED TO STRIKE DEVELOPMENT OF BUILDINGS AND INSERT SUBDIVISION.
There was some discussion.
VOTE:( secondary amendment 2 to amendment 6.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (amended primary amendment 6.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
New Item 5. reads: That the KPB require developers to construct roads to local borough standards prior to development of buildings subdivision
within the development area.
BECK/NOVAK - MOVED TO CHANGE ITEM 2. TO ITEM 6.
There was no discussion.
VOTE: (primary amendment 7.) YES: NON OBJECTION UNANIMOUS CONSENT.
Motion carried.
NOVAK/BECK MOVED TO AMEND ITEM 8 TO STRIKE UNIQUE TOPOGRAPHIC QUALITIES AND INSERT RURAL CHARACTER.
There as discussion about the uniqueness of the Homer area, having both an urban and rural flavor, which is why Homer objects to being classified, on
funding levels, much like Palmer and Wasilla.
LADD/NOVAK - MOVED TO AMEND, AS A FRIENDLY AMENDMENT TO CHANGE RURAL CHARACTER TO UNIQUE GEOGRAPHIC
CHARACTER.
The second was not recognized.
The amendment was recognized as a friendly amendment with non objection voiced.
Friendly amendment was accepted.
Item 8. Now reads: That the KPB lobby the State of Alaska Legislature to adjust the State Education Funding Formula to properly accommodate
Peninsula cultures and the unique geography within the Kenai Peninsula Borough School District. Present funding allocations to the Kenai Peninsula
Borough School District from the State of Alaska do not recognize or compensate the Kenai Peninsula School District in a manner that properly
accounts for the school district's unique topographic qualities. rural character. unique geographic character.
VOTE:(primary amendment 8 as friendly amended.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
NOVAK/BECK - MOVED TO DELETE PARAGRAPH 9.
9. That the KPB adopt zoning regulations needed to restrict conflicting uses thorough out the Borough.
Discussion included the following comments.
That this is too broad of a statement and should be stated at another time in another way.
That this statement is the most related to a comprehensive plan and does happen to be a problem, a monumental political problem
VOTE:(primary amendment 9.) YES: NOVAK, BECK.
NO: YOURKOWSKI, STARK, FENSKE. LADD.
Motion failed.
NOVAK/STARK - MOVED TO DROP PARAGRAPH NUMBER 10.
10. That the KPB adopt regulations and standards regulating commercial development of shallow gas and coal bed methane resources and adopt
additional criteria to restrict such development in the Bridge Creek Watershed and environmentally sensitive areas.
Discussion:
This process is on going right now and rather than give the Kenai Peninsula Borough an indication that Homer is going to be happy with standards that allow more regulation, it would be better to give the message that Homer wants the leases bought back.
Item 10. may be conflicting with Homer's statement that Homer wants the leases bought back.
Send the message that Homer does not want this type of development in Homer's environmentally sensitive areas, on the entire Peninsula, especially the Bridge Creek Watershed.
This is an important message to send, that yes there can be development, but there are certain areas wherein it is not appropriate.
Reference was made to Homer's Comprehensive Plan where development is allowed and sensitive areas are addressed such as Beluga area and Watershed areas.
This should be looked at Borough wide.
The problem is that there were these twenty acres that included some awful areas such as some steep slope areas.
There should be regulations that could give the land owner the ability to say yeah or nay.
This is Homer's input into the Borough Comp Plan and what Homer says is going to be taken seriously.
The whole process that let these lease out in the first place was flawed.
It is desirable to have this message in the back ground in case the buy back fails.
VOTE: (primary amendment 10.) YES: YOURKOWSKI, NOVAK, BECK, FENSKE.
NO: LADD, STARK.
Motion carried.
FENSKE/YOURKOWSKI - MOVED TO POSTPONE ACTION ON THIS UNTIL FIRST MEETING IN APRIL TO GIVE THE COMMISSIONS
AN OPPORTUNITY TO GIVE US THEIR INPUT ON WHAT WE HAVE SUGGESTED.
Discussion.
The Borough is not going to act on this until September and the input of the reflections of the Commissions is essential.
This should be sent to the Assembly now.
Concerns regarding the school system.
The Borough is going to come back with changes.
YOURKOWSKI/NOVAK - MOVED TO AMEND THAT THIS RESOLUTION BE PUT ON THE NEXT AGENDA OF THE COMMISSIONS
AND WE HAVE IT BACK ON OUR AGENDA TWO MEETINGS FROM NOW. (February 23, 2004)
Concern was expressed on giving the Planning Commission something more to address, since they have been working very, very hard and are over
burdened. The first meeting in April would be a better time.
VOTE: (secondary amendment 1 to postponement) YES: BECK, LADD, YOURKOWSKI, NOVAK.
NO: FENSKE, STARK.
Motion carried.
LADD/NOVAK - MOVED TO TAKE ITEM 7 AND 8 AND DIRECT THE CITY MANAGER TO SEND OUR THOUGHTS AND EDUCATION
TO SUPERINTENDENT OF SCHOOLS OF THE KENAI PENINSULA SCHOOL DISTRICT AS SOON AS POSSIBLE.
There was no discussion.
VOTE:(secondary amendment 2 to postponement) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
There was no further discussion.
VOTE: (postponement) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
The Resolution as amended is forwarded to the Commissions for input and will be back on the Council's February 23rd agenda with Commission input.
Amendments:
1. That the KPB support the development of the Port of Homer as a transportation hub and container facility serving the northern Gulf of Alaska,
Cook Inlet, Kachemak Bay, and the Lower Kenai Peninsula as a key to the Peninsula's economy and linkage with the Southwest Alaska
Transportation Plan.
2. That the KPB recognize Homer's docking facilities as a tremendous potential for area-wide economic growth by directly and indirectly creating
Peninsula employment within: commercial fishing, sport fishing, logging, cruise ship industry, freight, Coast Guard support, Alaska Marine Highway,
numerous governmental agencies, and private businesses.
3. That the KPB recognize the economic benefits from Lower Peninsula recreation and tourism to the entire Kenai Peninsula, and aggressively market
this industry as a year-round activity.
4. That the KPB work with the State of Alaska to obtain the necessary funding and resources to develop a Kenai Peninsula highway system capable
of handling commercial and private traffic in a safe and efficient manner. All residents and visitors to the Kenai Peninsula are dependent upon long
narrow, sections of winding highway for vehicle access to and from Anchorage, and each year highway fatalities result from these travel conditions.
5. That the KPB require developers to construct roads to borough standards prior to subdivision within the development area.
6. That the KPB define steep slope terrain and develop regulations and standards in which land development and construction therein shall be
permitted. Regulations and standards shall protect the topographic character of steep slope areas by insuring that development does not result in soil
erosion, silting of lower slopes, slide damage, flooding, water quality impacts, and severe cutting and scarring.
7. That the KPB provide adequate funding for school district co-curricular activities. Seventy percent (70%) of school district students enrolled in
grades 7-12 annually participates in co-curricular activities. These activities encourage students to remain enrolled in school, contribute to student
academic performance, and prepare young people to be successful citizens.
8. That the KPB lobby the State of Alaska Legislature to adjust the State Education Funding Formula to properly accommodate Peninsula cultures
and the unique geography within the Kenai Peninsula Borough School District. Present funding allocations to the Kenai Peninsula Borough School
District from the State of Alaska do not recognize or compensate the Kenai Peninsula School District in a manner that properly accounts for the
school district'sunique geographic character.
9. That the KPB adopt zoning regulations needed to restrict conflicting uses throughout the Borough.
10. That the Kenai Peninsula Borough and the City of Homer enter into an "area of city impact agreement" to promote the orderly development of land within one mile of Homer City limits. Because land in the area of "city impact" is in direct proximity to the City of Homer, it is an area in which growth and development is expected to occur and have future impact on the City of Homer. Proposed changes to the Kenai Peninsula Borough Comprehensive Plan would include a proposed "impact area" surround the City of Homer where management of land uses is jointly approved by the Homer City Council and the Kenai Peninsula Borough Assembly.
Postponed to February 23rd meeting to get input from the Commissions.
City Manager is to send Items 7 and 8 in a letter to the Kenai Peninsula Borough as soon as possible.
C. Resolution 04-17, Of the City Council, Amending the City of Homer Fee Schedule, Public Safety Fees, Public Transportation. City Clerk.
YOURKOWSKI/BECK - MOVED FOR ADOPTION OF RESOLUTION 04-17 BY READING OF TITLE.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
COMMENTS OF THE AUDIENCE
Comments of the Audience on any matter.
There were no audience comments.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans was not present.
COMMENTS OF THE CITY CLERK
City Clerk Calhoun had no comment.
COMMENTS OF THE CITY MANAGER
City Manager Wrede made a clarification regarding the East End Road water and sewer extension project: The water is not being extended to
Kachemak City only sewer to those residents directly affected, which falls in line with the City's contract for sewer services with Kachemak City.
COMMENTS OF THE MAYOR
Mayor Pro Tempore Fenske mentioned that, following the amendment to the last issue, that it is appropriate for the City to require of areas which are
going to be receiving and which do receive services generated from inside the City to be able to weigh in some way to plan for those things. He spoke
specifically to the sewer extension Kachemak City that there is a potential for development there that there is no idea what that development might
be, because Kachemak City has no restriction on development. He voiced his opinion that one of the issues that needs to be brought to Kachemak City
is that they help Homer by providing Homer with a developmental plan for those areas out there so Homer can plan for whatever eventuality that is
going to be taking place. He thanked the Council for their kind patience.
COMMENTS OF THE CITY COUNCIL
Councilmember Stark voiced agreement with Councilmember Fenske, adding that he does not know why he voted for the Borough to put their heavy
hand on the surround areas like Kachemak City, rather than Homer going to them and talking about areas of mutual concern. He noted that this
would accomplish the same objective and would be received a lot better.
Mayor Pro Tempore Fenske responded, that Homer borders more of the borough than Kachemak City, adding that KPB Assemblymember Martin has
voiced concern regarding development adjacent to the City that is in the Borough and some frustration that the planning at the Borough does not
adequately address many of their problems.
Councilmember Novak voiced appreciation of the Council's dialog on input to the Borough Comprehensive Plan, an worthwhile exercise.
Councilmember Beck thanked Public Works Director Carey Meyer and all the folks at Public Works, that Homer has had a very wintery winter, the
snow removal process as been remarkable, that she has received calls in the annexed areas and people seem to be quite pleased with the road
maintenance this winter. She stated that she thinks Carey Meyer and his staff ought to hear this.
Councilmember Stark voiced agreement with Councilmember Beck and thanked Councilmember Ladd for doing the reconsideration on Ocean Drive
Loop Sewer LID so that the Council had a chance to go ahead and discuss this some more and approve it.
Councilmember Ladd reported that the Council discussed Long Range Fiscal Planning during the Committee of the Whole, that he looks forward to
the meeting in February when the Council will start to project for Homer's future in terms of dollars and cents. He voiced concerns regarding the
Borough Schools, education system that is in dire economic straits and will be making some announcements, within the next few days, on how they
plan to cut back the five million dollars. He advised that these cuts could be in consolidation of schools, curriculum and programming and that there
will be some significant impacts. He encouraged those with school aged children to work with their teachers and principals and to get involved.
Councilmember Stark commented in the Committee of the Whole about the worksession on the 9th that a decision needs to be made on whether or
not to go from 4 p.m. until 7 p.m. He noted that the big issues are the Long Range Fiscal Planning and the Planning Commission draft ordinance on
the Large Store Standards.
City Manager Wrede clarified that he understood that the Council wants their first meeting on a Saturday morning or maybe even longer, therefore, he
was not planning on doing any Long Range Fiscal Planning on the 9th.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 10:55 p.m. The next Regular Meeting is scheduled for
Monday, February 9, 2004 at 7 p.m. The next Committee of the Whole meeting is scheduled for Monday, February 9, 2004 at 4 p.m. The meetings are
scheduled to be held in the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska. A Joint Worksession with the
Planning Commission is scheduled for Tuesday, February 17, 2004.
_____________________________________
MARY L. CALHOUN, CMC, CITY CLERK
Approved: _______________
clerk@ci.homer.ak.us, 235-3130, home number 235-2843.