Session 02-11, 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.
The Council's Committee of the Whole met from 4:04 p.m. to 5:47 p.m., the regular meeting agenda items, Prioritization of the City Manager’s Project List and the development of City wide survey questions were the items of discussion.
PRESENT: COUNCILMEMBERS: CUE, FENSKE, KRANICH, LADD, MARQUARDT.
STAFF: CITY MANAGER DRATHMAN
CITY CLERK CALHOUN
LIBRARY DIRECTOR HILL
ABSENT: COUNCILMEMBER: YOURKOWSKI (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 or additions: Ordinance 02-21(S) with backup up memorandum from the City Manager and spread sheets. There was a letter of testimony for Ordinance 02-25 and a letter of testimony for Ordinance 02-22(S).
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Paul Hueper, Ocean Drive Loop Neighborhood, voiced his hope that the Council has been informed about the Seawall Project - Ocean Drive Loop Bluff Erosion Control Project. He thanked the City and the City Manager for helping to champion that project to bring it to where it is now. He stated that the project has the permit, that the Army Corp of Engineers (COE) has given the nod and that they are excited about the project. He relayed that the COE has no substantial objections, that the project looks like it is a “go” and the COE ‘s feeling is that there are no major threats to the Spit. He acknowledged that a lot has gone wrong with this project and expressed his opinion that this was justifiably so in that the citizens of Homer should voice their concerns about anything major as far as a project. He noted that studies have shown that there is nothing that is going to be a major threat, whatsoever and everything has gone through smoothly. He stated that “they” are excited that this is going in. He thanked the Mayor and Council and Carey Meyer, City Engineering, who has done an incredible job and put himself into this project.
Larry Goode, Ocean Drive Loop, stated that he was one of the leaders of Ocean Drive Loop and wanted to let the City Manager, City Council and Public Works Director know how personally appreciative the neighborhood is of the leadership shown to them on this project and for saving their livelihood, families and homes from a disaster that’s only a few short months away. He went on to
state that this leadership with the City Manager’s office was first to protect the interest of the City and secondly to protect the citizens of this great City. He noted that after this Councilmember Kranich helped pick up the reins as it was passed on to Carey Meyers and Public Works, adding that so many times in “our” lives “we” have sat here to complain about what the City is not doing, so it is only fair and right and just for “us” to publicly say thank you. He said, “Thank you very much.”
Don McNamara thanked the Council, personally, for the hard work on the Ocean Drive Loop Bluff Erosion Control Project. He reported that he lost four big trees this last week. He said that he is very glad that this project is going to happen.
Marilyn Hueper commented that she has been loosely connected with the process of the sea wall for the Ocean Drive Loop area, the special improvement district. She expressed her excitement and thanks to the City. She stated that this is what the City government is all about, helping the local people do something for themselves. She thanked the Council for their support and the backing that they provided to help the Ocean Drive Loop neighborhood do something that they needed.
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 May 28, 2002. Recommend approval.
Under Council Comments, Page 23 of the Minutes, Councilmember Ladd said Homer High School, which was inaccurate. He asked, and Council concurred, that in parenthesis it state that it should be Karen Hornaday Park)
B. Ordinance 02-26, Appropriating $20,000 from the General Fund Fleet Reserve for the Purchase of One Used Vehicle for the Police Department. City Manager. Fiscal Note: $20,000 from the General Fund to Acct. 152.5902.382. Recommend introduction and public hearing and second reading on June 24, 2002.
C. Resolution 02-35, Of the Homer City Council Adopting the 2002 Homer Public Library Policy. City Manager. Recommend adoption.
Placed under Resolutions.
D. Memorandum 02-30, from Mayor, Re: Re establishing a Beach Policy Task Force to Conduct the 2002 Annual Review of the Beach Policy. Recommend confirmation.
E. Memorandum 02-31, from Mayor, Re: Appointment of Anne Marie Holen to Replace Sheri Hobbs as Homer’s Elected/City Official Representative on the EDD, Rachel Livingston and Mayor Cushing as her alternates. Recommend confirmation.
FENSKE/CUE - MOVED FOR THE ADOPTION AND OR APPROVAL OF THE CONSENT AGENDA AS READ. (With the exclusion of Resolution 02-35, being placed under Resolutions as Item B., and with the addition to the minutes.)
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VISITORS
ANNOUNCEMENTS/
PRESENTATIONS/ BOROUGH REPORT/ COMMISSION
REPORTS
A. Mayoral Proclamation, Youth Appreciation
Week, June 24 - 29, 2002.
Mayor Cushing shared his personal thoughts that Homer is a great community for youth and, emphasized, that there are lots of adults participating in hundreds of organizations in this community for children.
PUBLIC
HEARING(S)
A. Ordinance 02-20(S), Of the City of Homer Amending Homer City Code Chapter 10.08, Protection of Port and Harbor, to Change the Title to Protection of the Harbor and Waterways, to Prohibit the Dumping of Oil and Other Substances, to Establish Harbor Speed Limits and to Set Penalties for Violations. City Manager. (First Reading 05/28/02, Public Hearing 06/10/02, and Second Reading directly after public testimony.)
There was no public testimony.
FENSKE/MARQUARDT - MOVED FOR THE ADOPTION OF ORDINANCE 02-20(S) AS READ FOR SECOND AND FINAL READING.
City Manager Drathman, in response to Council inquiry, clarified the intent of 10.08.210 Vessel Speed Limits, noting that the way this was interpreted by the City Attorney, Harbormaster and Chief of Police is that the City is not regulating the speeds boats are going approaching the harbor unless there are other vessels there, if other vessels are not visible then the City is not saying anything. If there are vessels there and your boat is creating a wake then you have to slow down to a speed wherein no wake is created.
10.08.210 Vessel Speed Limits reads: (a) It is unlawful to operate a vessel at a speed greater than two miles per hour (no wake speed) while entering, leaving, and inside the Small Boat
Harbor. The seaward boundary of a new wake speed zone will be marked by signs. (b) While within one quarter of (i) the boundary of the no wake speed zone at the Small Boat Harbor
entrance, (ii) the City’s Deep Water Dock, or (iii) the City’s Pioneer Dock, it is unlawful to operate a vessel at a speed that will cause a wake, wash, or wave action that will damage, endanger or cause undue distress to any other vessel or occupant thereof, regardless of established speed limits or the lack thereof. , that this is to
Council commented on fines, hazardous materials, and pollutants and how these relate to the harbor and beaches.
VOTE: YES: CUE, FENSKE LADD, MARQUARDT, KRANICH.
Motion carried.
B. Ordinance 02-21, Of the City of
Homer, Amending the 2002 Budget Ordinance to Appropriate $155,478.00 from the
General Fund, the Water Fund, the Sewer Fund, Debt Funds and Capital Reserve
Funds (Conditional Expenditures). City
Manager. Annexation Budget Amendment. (First Reading 05/28/02, Public
Hearing 06/10/02, and Second Reading directly after public testimony.)
Substitute Ordinance submitted under agenda approval.
Memorandum from City Manager as backup with spread sheets.
Abigail Fuller advised that her comments also relate to the mill rate Ordinance 02-24, adding that she thought her comments fit better here. She read the following:
FENSKE/CUE - MOVED TO ADOPT ORDINANCE 02-21 FOR SECOND AND FINAL READING.
FENSKE/CUE - MOVED TO SUBSTITUTE ORDINANCE 02-21(S) FOR ORDINANCE 02-21.
VOTE: (primary amendment to substitute) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
It was noted that the $68,700.00, mid year additional revenues will be used for equipment loan cost; grader with attachments (total cost $250,000) and F550 truck with sander (total cost $50,000). The total of the debt financing is $68,700 for five years at 4.7%. The 2002 property tax mill levy is a reduction of 0.5 which equates to 5 mills for zone 1, the pre annexation City limits, and a 3.625 mills levy for zone 2, the newly annexed area. Council pointed out that the property tax mill was discussed during the annexation process. Thanks was expressed to the City Manager, Mayor and Finance Director Baugh for their review and work on the mill levy. Hope was expressed that the public would realize the benefit.
VOTE: (main amended motion) YES: MARQUARDT, KRANICH, CUE, FENSKE, LADD.
Motion carried.
Mayor Cushing congratulated the Council for having the nerve to do this phenomenal action of decreasing the property tax by 10%.
C. Ordinance 02-22(S), Of the City
Council of Homer, Alaska Amending Section 21.48.030 of the Homer Zoning Code to
Designate Large Developments, Or High Percentage Lot Coverage as Conditional
Uses in the Central Business District.
City Manager. (First Reading 05/28/02, Public Hearing 06/10/02, and
Second Reading directly after public testimony.)
Abigail Fuller testified that Conditional Use Permits are intended to allow uses that are conditional, yet here “you” are trying to apply them to a use that is already permitted outright, solely because of the size of the building. She stated that she thinks “you” are using the wrong tool for the job. If large buildings are not wanted in the CBD area, simply restrict the size allowed as is already done with height. This would, of course, restrict the college expansion, the hockey rink, the new library or the City Hall. She suggested that it is not that large buildings are not wanted, it must be that “you” want the ability to micro manage larger development. She questioned if the City should really do this, since it grants too much arbitrary power and makes it impossible for a potential developer to know if plans will pass muster. She queried if it is really fair to impose random restrictions on one person whose building happens to cover 8,100 square feet and not on another for the exact same use that only covers 7,900 square feet. She voiced her belief that this leaves “you” open for litigation trying to do something that “you” really shouldn’t and doing it the wrong way. She urged the Council to send this one back to the drawing board.
LADD/CUE - MOVED FOR THE ADOPTION OF ORDINANCE 02-22(S) AS READ FOR SECOND AND FINAL READING.
Council comments included the following:
· This is clearly not an ordinance directed at “box stores”. It is not aimed specifically at the large store and is not a “box store issue”, it is an issue of development within the Community.
· The aim is developing conditions for the development in the Community.
· The Planning Commission is encouraged to further develop conditions
· Planning and Zoning reviewed the issues.
· There needs to be some regulation over building sizes and the structures.
· As a community “we” need to provide vision, leadership to the builders of the large structures, to make the community more cohesive.
· The Conditional Use Process can be seen to be subjective. The way to get past that process would be to establish architectural standards.
· City would have to comply.
· This does not prohibit someone from building larger than 8,100 square feet. The permit kicks in at 8,100 square feet, thus providing a chance for public comment. It broadens the scope of involvement beyond the Planning and Public Works Department.
· Makes for more attractive and user friendly development.
· This is not anti development, does not hinder development and will promote growth.
· Helps development interface with the Community.
· This is a friendly way to encourage business growth.
· It has been stated that there has never been a conditional use denied.
· Homer is a special community and should be preserved as such.
· It is up to the community to decide how the community is going to look
VOTE: YES: MARQUARDT, KRANICH, CUE, FENSKE, LADD.
Motion carried.
D. Ordinance 02-23(S), Of the City of Homer Creating Two
Categories of Road Service Available in the City of Homer, Adopting a New
Official Road Maintenance Map and Amending Homer City Code Chapter 11.04.55,
Official Maintenance Map. City Manager. (First Reading 05/28/02, Public
Hearing 06/10/02, and Second Reading directly after public testimony.)
Dewaine Tollefsrud, Mount Augustine Drive, advised that Mount Augustine Drive is a place directly affected by this new Ordinance. He thanked everyone involved on the Roads Committee for hearing their concerns from their little sub community regarding the road maintenance. He thanked the Council for hearing them and encouraged the Council to adopt this Ordinance, 02-23(S).
Judy Miller Dean, Mount Augustine Drive on Judy Rebecca Court, thanked the Council for time and consideration in drawing up the newly proposed Road Maintenance Map and in proposing the two levels of service, rural and urban service. This is a very good and equitable solution for the dilemma
of how to treat the newly annexed roads and the roads that have been, historically, within Homer. She urged the Council to support this Ordinance.
FENSKE/MARQUARDT - MOVED FOR THE ADOPTION OF ORDINANCE 02-23(S) AS IT HAS BEEN READ.
Council voiced appreciation to the staff for their work on blending these maintenances, which will create more “real pluses”. This would have happened even without annexation and has been discussed for a number of years, to accommodate the folks that live on roads that do not meet the City’s maintenance criteria. Public Works has their work cut out for them, some of these roads are in pretty bad shape. The public was asked to bear with the City while these things get sorted out. One of the reasons some of the roads have not been done is due to fear of getting equipment stuck and broke.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Mayor Cushing called for a recess at 8:22 p.m. reconvening the meeting at 8:32 p.m.
E. Ordinance 02-24, Of the City of
Homer, Alaska, Providing for Differential Tax Zones and Authorizing the Levy of
Property Taxes at a Different Rate in the Area Annexed to the City in Calendar
Year 2002 in Recognition of the Different Levels of Service Provided in 2002.
City Manager. (First Reading 05/28/02, Public Hearing 06/10/02, and Second
Reading directly after public testimony.)
A substitute Ordinance is included which adds a new section that states: Personal property within Zone 2 (the newly annexed area) shall not be taxed by the City of Homer for year 2002. This section applies to both personal property taxes based upon assessed valuation and vessel flat taxes.
Abigail Fuller questioned why property taxes are being imposed this year. She reiterated her earlier testimony/explanation that these are not needed by the City. Since it is clear that this money is not needed it must be retribution for the opposition of annexation. She said that she has heard “you” claim that “you” have a right to annex, so “we” are wrong to object, but this is nonsense. The law gives “you” the ability to annex, but “we” have a right to object. For “you” to impose taxes of questionable legality to punish “us” for exercising “our” right to protest is something “we’d” expect from a third world country. There is no reason to further anger the new tax payers with a scheme that does not appear to be legal. It is clear from the revisions to this Ordinance that “you” recognize that “you” cannot collect personal property tax this year. Homer City Code and Borough Code refer to real and personal property tax and there is no distinguishing between them, “you” cannot collect one and not the other. Just as the location on personal property on January 1st establishes its tax status for the tax year, so does the location of real property on January 1st establish it so “you” can tax it for that year. Otherwise, “you” are collecting a year’s taxes for property that was not within the City for the entire year. The line has to be drawn somewhere and January 1st is it. After going way
over on legal bills for last year, she concluded, that “you” should think twice about doing things that are likely to bring on litigation. She mentioned to the public that the reduced mill rate is only for this year, adding that she is not sure the public is aware of that.
KRANICH/LADD - MOVED FOR THE ADOPTION OF ORDINANCE 02-24 FOR SECOND AND FINAL READING.
KRANICH/MARQUARDT - MOVED TO AMEND TO ADOPT SUBSTITUTE ORDINANCE 02-24(S).
Council noted that the Ordinance recognizes that the newly annexed area was not in the City for the entire year, is at a reduced rate, is fair to the rest of the City and is keeping in pace with the process.
VOTE: (primary amendment 1. substitute) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main amended motion) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
E.1. Resolution 02-36, Of the Homer City Council Setting the Mill Levy for Calendar Year 2002 for Zone 1 at 5.5 Mills and Zone 2 at 4.125 Mills. City Manager. Follows same schedule as Ordinance 02-24.
Action is scheduled under Resolutions.
E.2. Resolution 02-36(S), Of the Homer City Council Setting the Mill Levy for Calendar Year 2002 for Zone 1 at 5 Mills and Zone 2 at 3.625 Mills. City Manager.
Action is scheduled under Resolutions.
F. Ordinance 02-25, Of the City of Homer, Amending the Homer City Code to Add Chapter 18.07, Requiring Funding for Works of Art in Projects for Construction, Remodeling and Renovation of Certain Public Facilities. Yourkowski. (First Reading 05/28/02, Public Hearing 06/10/02, and Second Reading directly after public testimony.)
Dave Anderson thanked the Council for the opportunity to speak on this public works of art ordinance. He voiced an appreciation for art, that has developed while living on the Southern Peninsula, adding that he is continually amazed at the art effort that takes place in and out side of the Homer Community by some of the Homer artists. He voiced his opinion that this is a progressive ordinance and that he is a little surprised that Homer is coming up with something like this. He advised that he worked with the public arts committee as part of the Town Square Project in recent
years and that they tried to work on something like this on more of a citizen’s level, not as a City. He reported that they found that the amount of time required and a lot of the issues that need to be resolved went over the level of the ability of many on the committee. This is a good thing for the community. He relayed overhearing a couple of tourists in the Post Office who were ooing and
auhing over the stained glass window. Public art speaks a lot about our community, not just to the people who live here, but also to the visitors. It enhances the living experiences of those who live and work in Homer and provides a great impression on visitors that they take with them when they go home. This adds pluses to the Community of Homer. He stated that he has read this Ordinance a couple of times and believes it is pretty well put together. He suggested that more than three individuals be on the committee that reviews the pros and cons, location and project of each public art opportunity. He encouraged the City Council, in their selection of a Public Art Committee, to include an artist, Joe average citizen, someone with construction background, and someone with maintenance ability, which is important and is an issue with public art projects as was discovered with the Poop Deck Trail Head signs. This is a great effort for the City Council to be undertaking.
Marga Raskin voiced her appreciation of everything that goes on in Homer. She stated that she finds this an exciting night on a personal level, because when she first moved to Homer, and first met a couple of Councilmembers she suggested that they pass an Ordinance for one percent (1%) for the arts. At that time it appeared that everyone did not feel they could do something like that. She emphasized that now, finally, there is an introduction of an Ordinance. She voiced her hope that the Ordinance will pass, because it will be so meaningful for the City of Homer. She advised that she has seen other places, small towns and cities that do have a one percent (1%) for the arts and these places become transformed in a short time. One percent (1%) for the arts is extremely important and since Homer prides itself as being a center for the arts, it should reflect the arts in “our” center.
Abigail Fuller voiced total disagreement with the other two speakers, stating that this is totally ridiculous and fiscally irresponsible. One percent (1%) may seem like a small amount, but every dollar spent on art is a dollar not spent on something else. Accountants use the term opportunity cost - when choosing option A. costs in the lost opportunity pursue option B. For example: Right now “you” have a certain number of dollars available for an animal shelter. While the price tag seems to keep growing, if ”you” were to start tomorrow to build an animal shelter with the available funds, would “you” want to take one percent (1%) for art or use those funds for a couple more cages, or a heating system. “You” seem to think “you” can get this money by asking for more when “you” ask for a grant, but what “you” get is a finite amount and it cannot be stretched to cover everything imaginable. Even if the budget seems flexible enough to add one percent (1%) such as when “you” are issuing a bond there is still the opportunity cost. With the Library, if it has a three million dollar ($3,000,000) price tag as has been bandied about, that is another thirty thousand dollars ($30,000) plus interest that will come out of people’s pockets through sales taxes, or whatever taxes “you” pay for that with. That is thirty thousand dollars ($30,000) not spent in Homer businesses. Once in “your” hands that’s thirty thousand dollars ($30,000) spent on art and is thirty thousand dollars ($30,000) not available to buy books. It would be a shame to build a well decorated library and leave the shelves empty. There’s also the question of why the dogs and cats care whether their building has art or whether this public art would be anything the public cares to see. She noted that certainly there has been plenty of controversies over public art in other parts of the country, and, well, “you” know what Homer is like. She said that she seems to recall a bit of a stir a few years back about some art in
the Post Office, adding, won’t the self appointed critics have fun when this art is in or on every
public building. It’s about time Homer learned to spend the tax payer money wisely, not waste it on frills. This ordinance deserves the round file. Ms. Fuller pointed out that she is not against art, just does not want the tax payers to have to pay for it.
David Raskin thanked the Mayor, Council and City Manager for this opportunity to speak on this
important issue. As a Kachemak City resident, he shared his hope that Kachemak City would be a part of the City of Homer in the not too distant future. He commented that many find art very important in their lives, many have art in their own homes, and many invest a lot of money in art to make their homes attractive and appealing to everyone. He stated that he does not see any reason why the City should not, also, do like wise, to make the City attractive and appealing to everyone. The City of Homer likes to pride itself on being the arts community of Alaska, and if it is going to be the arts community it should do things to show that it is the arts community. He recalled visiting a small town, a number of years ago, that otherwise would have gone unnoticed except for its radioactive waste underneath the school buildings, Grand Junction, Colorado. He described Grand Junction as being in the desert in Western Colorado, not very attractive in many ways, but has placed sculptures and works of art all over the main walking area of downtown, making it a very special place and a pleasure to drive through. Just as it is on first Friday, to walk around the City of Homer and go to the art galleries. Anyone who says that art is not a generator of public well being but of revenue, does not understand economics. Clearly, many people come to Homer because of the art and everything that Homer does to increase that presence, not only in this community, but in the state of Alaska, in other places and in the guide books will bring in more tourists, more revenue, more business activity and more sales tax to the City of Homer. In the long run the City of Homer derives great benefit, not cost, but benefit from having art, public art. If “you” walk around the large cities of the United States, the nicer cities, one of the most striking things about them is the public art. He cited, as an example, Chicago and what a pleasure it is to walk around the plazas and large buildings, outside, and look at the public art. He voiced his assurance that people will come to Homer, increasingly, for that purpose. To say that art is controversial is a meaningless statement. Anything that is progressive, new and forward looking undergoes a period of controversy. The United States Constitution underwent a lot of controversy and certainly, “we” would not want to reject it because of that. He emphasized that “we” do not want to be Soldotna, “we’d” like to be Homer. He stated that he likes it here and that “we” should make “our” own back yard a beautiful place to live and attractive to others. He strongly urged the Council to adopt this Ordinance, because it is in everyone’s best interest to do so.
CUE/FENSKE - MOVED THE ADOPTION OF ORDINANCE 02-25 BY READING OF TITLE FOR SECOND AND FINAL READING.
CUE/FENSKE - MAKE A MOTION TO POSTPONE THE SECOND READING FOR APPROXIMATELY ONE MONTH, FIRST MEETING IN JULY (may be scheduled Tuesday, July 9, 2002.).
There was a brief discussion regarding postponement, providing time for Councilmember Yourkowski, the Ordinance sponsor, to “get the word out” and about conducting another public hearing
FRIENDLY AMENDMENT: ANOTHER PUBLIC HEARING AS PART OF MOTION TO POSTPONE.
VOTE: (friendly amendment.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (postponement as amended) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
ORDINANCE(S)
CITY
MANAGER'S REPORT
A. City Manager's Report (Ice Crane usage and delivery record.)
B. Bid report.
The Manager asked the Council if they would consider conducting the July 8th meeting on Tuesday, July 9th, to provide for a longer holiday weekend.
There were no objections noted. This matter will be on the next agenda for action.
COMMITTEE REPORT
A. Road Standards Committee
B. Town Square Working Group
C. Beach Policy Implementation Group
D. Parking Task Force
PENDING
BUSINESS
A. Memorandum 02-21, from City Clerk, Re: Prioritization of Project list. (Postponed on April
8, 2002 to the May 13, 2002 meeting, Postponed May 13, 2002 to May 28, 2002 meeting. Postponed
May
28, 2002 to the first meeting in June.
Recommendation: Approve a list of ten to twenty projects.
POSTPONED ON MAY 13 and 28,
2002, MAIN MOTION IS ON THE FLOOR:
CUE/KRANICH - MOVE TO APPROVE THE RECOMMENDATIONS OF MEMORANDUM 02-21
PRIORITIZATION OF PROJECT LIST.
KRANICH/CUE - MAKE A MOTION TO AMEND WE APPROVE A LIST OF TWENTY
PROJECTS WITHOUT RANKING TO THEM.
VOTE: (primary amendment 1.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
KRANICH/FENSKE - MOVED TO AMEND THE LIST OF PROJECTS, TOP TWENTY LIST
OF PROJECTS, CITY OF HOMER PROJECTS COMPILATION, MONDAY, JUNE 3, 02, TO DELETE
ITEM 15 AND INCLUDE ITEM 28 IN ITS PLACE.
1 New Public Library
2 Animal Shelter - building and land
3 Large structures as conditional use ordinance
4 Steep slope development standards
5 KPC/UAA – establish college on CIRI/COH/KPC property in conjunction
with town square
6 Town square project
7 Lease policy manual – update
8 Beach Policy Implementation
9 City water hauling project
10 Roads and Streets Master plan tie in to Water and Sewer Master Plan
11 City Survey
12 Port - Deep Water Dock Phase II
13 West Hill Road rehabilitation, utility engineering extension
14 Wetland use policies update with COE assistance
15 Port - Deep Water Dock corrosion control
16 Zoning code format revision
17 Public Works Equipment storage building
18 Architectural review establish standards and process
19 Sidewalk construction
20 Conditional use permitting review process
There was brief discussion.
VOTE: (primary amendment 2.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main amended motion) YES: LADD, MARQUARDT, KRANICH, CUE, FENSKE.
Motion carried.
NEW
BUSINESS
RESOLUTIONS
A. Resolution 02-36, Of the Homer City Council Setting the Mill Levy for Calendar Year 2002
for
Zone 1 at 5.5 Mills and Zone 2 at 4.125 Mills.
City Manager.
A.1. Resolution 02-36(S), Of the Homer City Council Setting the Mill Levy for Calendar Year
2002
for Zone 1 at 5 Mills and Zone 2 at 3.625 Mills. City Manager.
FENSKE/LADD - MOVED FOR THE ADOPTION OF RESOLUTION 02-36(S) BY READING OF TITLE.
There was a brief discussion and comments made earlier in this meeting, under Ordinance 02-21(S) and Ordinance 02-24(S), were reiterated.
VOTE: YES: KRANICH, CUE, FENSKE, LADD, MARQUARDT.
Motion carried.
B. Consent Agenda Item C. Resolution 02-35, Of the Homer
City Council Adopting the 2002 Homer Public Library Policy. City Manager.
Recommend adoption.
KRANICH/CUE - MOVED FOR THE ADOPTION OF RESOLUTION 02-35 BY READING OF TITLE.
KRANICH/CUE - WOULD MOVE AT THIS TIME TO AMEND ON PAGE 59 OF THE PACKET, SECTION V. FINES AND FEES POLICY, IN THE HEADING OF THAT, AMEND THE LAST SENTENCE IN THE HEADING, DELETE AFTER THE COMMA “THE FOLLOWING FEES ARE CHARGED” DELETE THOSE WORDS AND ADD CERTAIN FEES ARE ESTABLISHED BY THE HOMER CITY COUNCIL BY RESOLUTION AND INCLUDED IN THE CITY OF HOMER FEE SCHEDULE, THEN ALSO AS A PART OF MY AMENDMENT DELETE ALL AFTER THAT IN SECTION V.
Councilmember Kranich expressed concern that these fees not be listed in the Policy and be maintained in the fee schedule only.
VOTE: (primary amendment 1.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
The
new title paragraph would read as follows: The Homer Public Library is
supported by the City of Homer. In addition, the Library receives a Public
Library Assistance Grant annually from the State Library. All basic library
services are provided free of charge. However, in order to cover costs of
selected special services and to recoup losses due to user neglect/abuse,
the following fees are charged: certain
fees are established by the Homer City Council by Resolution and included in
the City of Homer Fee Schedule.
The rest of this page was deleted.
VOTE: (main amended motion) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
COMMENTS
OF THE AUDIENCE
There were no audience comments.
COMMENTS
OF THE CITY ATTORNEY
City Attorney Tans was not present.
COMMENTS
OF THE CITY CLERK
City Clerk Calhoun reported that Preclearance has been received from the U.S. Department of Justice for Ordinance 02-05, the residency requirements.
COMMENTS
OF THE CITY MANAGER
City Manager Drathman commented, primarily, on the action regarding the taxes. He referred to earlier comments about the cost of lawsuits and the net effect of what should be taxed and what should not be taxed. Now, there were some opponents of annexation who took lee, at least in the literature that they mailed out, that they would spend whatever it took to stop this. Primarily the legal costs incurred have been in trying to preserve the City’s utilization of a constitutional process, the annexation, versus criticism to it, criticism about the methods, quite often unfounded. It all boils down to this, what the Council did tonight in setting the mill rates and recognizing the difference in the funding. There was a comment earlier about what property should be taxed and which property shouldn’t be taxed. To arrive at the mill rate, before the half mill reduction, an analysis was done of what the City of Homer was going to have to pay to provide services in the annexation area. In that analysis the fact was recognized that the first six months of this year the Borough had paid for fire
services, emergency medical services and road services in the area. Even though the City of Homer has been providing some limited road service in that area for this year, that is still fine. What the Council did tonight is to back out the first six months of that mill rate which reduced the mill rate to the annexed area by .875 and half of the road service area mill rate, which at that time was 1, equating to half a mill and therefore was a reduction of 1.375, which was accomplished. On top of that the Council cut the City’s general mill rate to 5 mill, which brings the mill rate to the annexed area 3.625 and in the previous City, 5 mills. One of the things the people of the City should consider, certainly those who have been in the City for years, is that as it stands today if you lived just outside the City limits those individuals are paying $176 less than those inside the City, who are receiving the services. Are the services the City of Homer provides worth $176 a year per $100,000? Library, fire protection, water and sewer, parks, trails, harbors, everything. He stated that to him this is a tremendous bargain at $176/100,000. Now the new residents, this year, are only going to pay $38.00, due to the adjustment. He noted that the City could assess the annexed area 5 mills as of the date of annexation, March 20, 2002. The Council has followed a very wise course and the public should understand. The public and the Council will remember that last year when the budget was adopted there was a slight deficit and it was felt that this would be made up over the year, $20,000 or $30,000 or maybe as high as $40,000. Since then and including all of the expenses for providing services in the newly annexed area and cutting the mill rate, as it stands today, the General fund will have a surplus of $149,250. This shows that the Council was remarkably long and sure sighted when they decided to pursue this course of annexation. The Manager challenged anyone to question whether the services of the City of Homer are worth the extra $176 and also asked the residents to think where they would all be if the City of Homer was not here. He expressed his thought that the comment by Mr. and Mrs. Raskin was tremendous, they don’t live here , but what would people be doing if the City was not here? for jobs? for fighting fires? for emergency medical service? for the past twenty years? This is trying to figure a way to face the new millennium and pay the bills. This is
extremely reasonable. He congratulated the Council, reiterating that it is far sighted to embark on that path. As much litigation that was involved and turmoil that went on in the community, of which the majority was unnecessary, but none the less occurred.
He pointed out that on July 2nd there will be a dedication ceremony for the new dock, which is virtually completed. Senator Stevens is going to be in town, and invitations have been extended to Governor Knowles, and the rest of the Congressional Delegation. This ceremony will be, more or less, a ribbon cutting and an acknowledgement and expression of thanks to the organizations and personnel who helped build, finance, fund and plan the new dock.
He advised that, on a sadder note, the City Planner, Zak Tucker, is out of town due to a death in his family, which is why he is not at the meeting tonight. The manager stated that he wanted Zak to know, if he got back into town and is listening, that he is in “our” thoughts tonight.
COMMENTS
OF THE MAYOR
Mayor Cushing, speaking for himself, stated that his thoughts go out anytime something like this happens. He stated that it has been busy the last couple of weeks and that, as Mayor he greeted a cruise ship, one almost identical to that which this Council described, in the Economic Forum, as “has to be out there” and so to have the first cruise ship identical to the type cruise ship the Economic
Development Forum was asking for, wanted to thank the Chamber for doing some of the “in the trenches” work to see something like this happen and the help that they did in the First Inaugural Port of Call. The Chamber had a travel agent show case Homer in town, and the Mayor advised that he spoke to them briefly. As Mayor he gave a retirement plaque to Leroy Gannaway, last week during the Planning Commission Meeting, which was his last meeting. Mr. Gannaway has been with the City of Homer practically twenty seven years, in one capacity or another. Mr. Gannaway is going to “hit the road” and do a little bit of traveling. He has been affiliated with the City for twenty seven years, seventeen, practically, of which were volunteer. He commented on the Ordinance Council passed on the Conditional Use, the structures over eight thousand square feet, that in his private life, as an engineer, he was asked to take a look at a structure that covered a little over an acre, 216 feet by 230 feet, 43,000 square feet. He told the Council that if this structure were ever put up in town, he predicted, there would be 99 out of 100 people living in the Council’s lap wondering why Council had not seen this coming. He further advised that this structure is an airport hanger and is available and might have a great use at an airport. He relayed that in his private life he was able to discourage his client from even considering this building, and reported on some other elements of this building situation.
COMMENTS
OF THE CITY COUNCIL
Councilmember Fenske stated that he found this evening a meeting that provides, that quiche word that we get, some closure in actually dealing with the taxation issues of the City of Homer. This is quite a step ahead working on the budget, which is coming up in a couple of months. He stated that it is pretty darned exciting for the administration to have been able to put together, since annexation, not only the roads plan, but the budgetary issues and all these projects going on and being completed in the Community. He voiced his hope that the Community senses that same buzz in the air. Secondly, because he has not done it this year, he thanked the Mayor for his exceptional display of
being able to come up with the time to do all of these Mayor jobs that he does, such as meeting the ship, talking to the Boy Scouts, giving awards to people, and that he very much appreciates the amount of work that the Mayor puts out.
Councilmember Marquardt seconded that comment about the Mayor.
Councilmember Ladd thanked the City Manager for all that he has brought to the table. The tax structure is wonderful news to the ears of the citizens of Homer, knowing that they are going to be looking at the .5 reduction and dealing with the differential tax levels zone 1 and 2. This is a kind approach, looking to those who are entering our City and looking at the services they will be getting. The newly annexed people will have more service being a part of this City for $38 then they have received through all the contracted services the Borough provided in the past. The road maintenance, what the Manager has completed with the rural and urban identification categories of roads. There will be roads inside the old City of Homer that are going to receive that type of maintenance that they have not received in the past. He emphasized that the City is making wonderful steps. He voiced his pleasure in hearing the comments again of Mr. and Mrs. Raskin that they live in Kachemak City and would love to be a part of the City of Homer, because they recognize that Homer has the services . He likened this to the public schools, the High Schools are built for about six hundred kids, at a very minimum, but the maximum is where there is the most effective program and curriculum, up about
around one thousand kids. To lose kids is to lose services. That is like a City too, there is a number to be at before gaining the ability for types of services, and Homer has now entered that category and can now do some things that Homer had not been able to do in the past. Regarding the Conditional Use Permit, that the Mayor spoke to, he thanked and recognized the City Manager and his staff for bringing this matter to the Council. He noted that this is something that he has looked forward to coming to the Council, adding that in the priority listing this was number three. This Conditional Use Permit (ordinance 02-22(S)) was right up with the Library and Animal Shelter and followed by the Steep Slope issues. He stated that the City and Council does look at the Community and are not trying to “box things out”, but are looking at trying to have controls and Conditional Use Permits is one way of doing that. Homer does have a special environment, which was number four on the project prioritization list, Steep Slope issues.
Councilmember Marquardt briefly commented that he ventures to guess that most of the folks in the annexation area would pay $38 to vote in the last election.
Mayor Cushing interjected, $38 more and will be able to vote in the next one.
City Manager Drathman voiced appreciation for all the kind remarks, and wanted to let the Council know that he has the easiest job in the City. The City has the most talented municipal work force in the state and that is not puffery, that is a fact and that they make his job very, very easy to come up with solutions like this. He stated that the work force is very talented and the average citizen in the street should thank these people, they do a marvelous job.
Mayor Cushing interjected that he seconds that.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 9:45 p.m. The next regular meeting is scheduled for Monday, June 24, 2002 at 7:30 p.m. in the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska. The Council's Committee of the Whole is scheduled to meet at 4 p.m. on June 24, 2002, in the Homer City Hall Council Chambers.
____________________________________
MARY L. CALHOUN, CMC, CITY CLERK
Approved: _____________________