Session 02-07, a Regular Meeting of the Homer City Council was called to order at 7:33 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 4:03 p.m. to 6:02 p.m. The regular meeting agenda items and the development of City wide survey questions were the items of discussion.

 

PRESENT:     COUNCILMEMBERS:        CUE, FENSKE, KRANICH, LADD, MARQUARDT, YOURKOWSKI.

 

STAFF:                                   CITY MANAGER DRATHMAN

CITY CLERK CALHOUN

CITY PLANNER TUCKER

DEPUTY CITY CLERK BENSON

POLICE OFFICER SHEALY

PUBLIC WORKS DIRECTOR MEYER

 

AGENDA APPROVAL

 

(Addition of items to or removing items from the agenda will be by unanimous consent of the Council. HCC 1.24.040.)

 

The agenda was approved by Council consensus with substitute Ordinance 02-13(S) and, at the request of the City Manager, the removal of Resolution 02-23, which will be placed on the April 8th Regular meeting agenda.

 

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

 

There were no public comments.

 

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 March 11, 2002. Recommend approval.    

 

B.         Homer City Council special meeting unapproved minutes of March 18, 2002. Recommend approval.    

 

 

 

C.        Ordinance 02-10, Of the City Council of Homer, Alaska Accepting and Appropriating a Reimbursement of $9,600.00 from the State of Alaska Department of Transportation and Public Facilities for Performing Inspections on Commercial Vehicles and Commercial Vehicle Driver Credentials and authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue Acct: 151-4520-731  $9,600.00, Expenditure Acct: 151-5101--5102-731 $9,600.00. Recommend adoption for first reading and introduction and Public Hearing and Second reading scheduled for April 8, 2002.

                                                                                                                                                           

Memorandum from Chief of Police as backup.                                                                                     

 

D.        Ordinance 02-11, Of the City Council of Homer, Alaska, Amending the Homer Zoning Map, Pursuant to Homer City Code 21.36.020, to Reflect the Rezoning of a Portion of the City's Urban Residential District to a Residential Office District Designation. City Manager. Recommend adoption for first reading and introduction and Public Hearing scheduled for April 8, 2002 and Second reading scheduled for April 22, 2002.                                                                               

 

E.         Ordinance 02-12, Of the City Council of Homer, Alaska Amending the 2002 Budget to Appropriate $29,015.00 from the General Fund - Fund Balance for a New Position, Administrative Assistant/Project Development. City Manager. Fiscal Note: Appropriated from the General Fund - Fund Balance, Expenditure Acct: 100.5101, 02, 05,06.110. Recommend adoption for first reading and introduction and Public Hearing and Second reading scheduled for April 8, 2002.

 

Memorandum from Personnel as backup.                                                                                             

 

F.         (substituted under agenda approval) Ordinance 02-13(S), Of the City Council of Homer, Alaska Appropriating $35,000.00 from the Port/Harbor Reserve Fund Balance for the Small Boat Harbor Repairs and Renovation Project for the Boat Wood Grid Modifications. City Manager. Fiscal Note: Appropriated from the Port/Harbor Fund Balance, Expenditure Acct: 415-906. Recommend adoption for first reading and introduction and Public Hearing and Second reading scheduled for April 8, 2002.           

 

G.        Resolution 02-19, Of the City Council of the City of Homer, Alaska, Requesting FY03 Safe Communities Funding from the Department of Community and Economic Development and Agreeing to Spend Payment as Required by Law. Mayor. Recommend adoption.                                                                                                                         

 

H.        Resolution 02-21, Of the City Council of the City of Homer, Alaska Amending the Procurement Policy and Procedures Manual, Travel Authorization and Expenditure Report Forms, Regarding the Personal Auto Mileage Rate from $0.345 to $0.365. City Manager. Recommend adoption.                                                                                                  

 

I.          Resolution 02-22, Of the City Council of the City of Homer, Alaska Authorizing the formation of the Reformed Thompson Drive Sewer Assessment District at 50% Property Owner Share of Assessments and Authorizing the City Manager to Proceed with the Preparation and Construction of the Thompson Drive Sewer Project. City Clerk.  Fiscal Note: Total project estimate is $120,000.00, Total property owner assessment is $65,000.00, City's share is $65,000.00 from the HAWSP. Recommend adoption.

 

J.          Resolution 02-23, Of the City Council of Homer, Alaska, Establishing the Residential Holding Tank Policy, Operational Rules and Regulations and Amending the City's Fee Schedule to Include the Associated Fees for Residential Holding Tank Services. City Manager. Recommend adoption.                                                                                   

 

Memorandum from City Manager as backup.                                                                                       

 

Pulled under Agenda Approval, at the request of the City Manager, and will be back to the Council on April 8, 2002 during the regular Council meeting.

 

L.         Memorandum 02-17, from City Clerk, Re: Liquor License Renewal for Finn's. Recommend approval and non objection.           

 

M.        Memorandum 02-18, from City Manager, Pier One Theatre Lease. Fiscal Note: $1 per year for a term of five years commencing December 10, 2002 to December 9, 2007. Recommend renewal.

 

Councilmember Marquardt requested that Item C., Ordinance 02-10 be placed under Ordinances as Item B.

 

FENSKE/CUE - MOVED FOR THE ADOPTION AND/OR APPROVAL OF THE RECOMMENDATIONS OF THE CONSENT AGENDA AS READ.

 

VOTE:(Items A - B, D - I, K - M) YES: There was consensus of the Council, with no objections.

 

Motion carried.

 

VISITORS

 

ANNOUNCEMENTS/ PRESENTATIONS/ BOROUGH REPORT/ COMMISSION REPORTS

 

Mayor Cushing gave a report on the status of the Sedge and the new cutter, Hickory. He advised that he had lunch on the Sedge with its commander and the decommissioning of the Sedge was discussed. One of the topics of discussion was a site, primarily, for some kind of commemoration in honor of this class of cutter. There were 32 or so of this class of cutter commissioned late 40s, early 50s and were considered quite the work horse for the USCG. The USCG is recommending that Homer is a great town to have this kind of a tribute to that class of cutter. He reported that, although the deal is not settled, it is in works for the Sedge to be sold to Nigeria. Apparently, Nigeria does not want the operating boom on it and there is an extra 7 foot m/l diameter propeller. He advised that he asked the USCG to put their suggestions in writing and some sketches indicating use of the mast and possibly a full sized buoy and propeller. He agreed that Homer is a great place to have the commemoration since the Sedge has been here at least 26 years. He suggested, with Council concurrence, that the Planning Commission/Planning Department begin work on this with the paid administrative people with the USCG. He reported that the new Sedge, the Hickory is coming off the ways on May 11th, Commander Cashin will be present when the vessel is dumped into the Great Lakes. Some work will still have to be done on the new vessel and the turn over date is anticipated for the end of the year. The Spar, the sister ship to the Hickory, will be in Homer, from Kodiak, tomorrow to pilot test out the new dock regarding the vessel's size and dredge needs. The Hickory is 50 feet longer than the Sedge.

 

Mayor Cushing reported that Fish and Wildlife is out with their almost final plans[1] and ground breaking. He stated that the City Council can take a large congratulations for being a major part of bringing that project back to life six years ago. The City jumped in on a project, that was quite belly up, and was one of the main orchestrating forces that brought the community, the Chamber and a number of organizations back together to show support for this project and convince Washington that Homer really wanted the project. 

 

PUBLIC HEARING(S)

 

A.        Ordinance 02-08, Of the City Council of Homer, Alaska Amending Homer City Code Section 1.05.010 City Boundaries Designated. City Manager. (First Reading 03/11/02, Public Hearing 03/26/02, Second Reading 04/08/02.)    

 

Abigail Fuller, Vice President of CCAA[2], stated that as the Council knows CCAA has appealed the LBC decision on the annexation. She relayed that CCAA respectfully suggests that the Council put this Ordinance on hold until the Court rules on their appeal. She stated that delaying implementation would save the Council the hassle and expense of doing things that would have to be undone should the Court find the annexation illegal and it will give the Council time to do some things that should have already been done, such as the transition plan. She pointed out that this would also give the Council time to redo the Comprehensive Plan, which, according to her belief, has to be done before the Council can devise a zoning plan. She told that Council that there is no need to panic and that they do not need to fear that people will rush to develop their property in undesirable ways, having had two years warning to do this already if they had wanted to. She stated that most subdivisions have protective covenants in place already, therefore, it will do no harm for the Council to take their time drafting a plan and revising the ordinances. Delaying implementation, according to Ms. Fuller, will give the Council time to plan changes to the road maintenance map related ordinance to legally maintain the new substandard roads and to make other promised changes to City ordinances so that the new residents do not have to give up their snow machines or shooting ranges.  She noted that the City will not be able to collect property taxes until next year, so nothing is lost by waiting. She further noted that another year before collecting sales taxes would give the business owners, who will be adversely affected by the road construction, a break. She stated that what the City does not  collect will be balanced by what the City does not have to spend on new services. She said that delaying implementation will also be a PR move and give time for "that healing" that "we" keep being told is so important. She emphasized that how the Council handles the implementation of this annexation is going to have a very strong impact on this community for years to come and a delay would, not only send a positive message, but would give time for community involvement in the transition planning. CCAA asks the Council to do the right thing and postpone action on this ordinance.

 

B.         Ordinance 02-09, Of the City Council of Homer, Accepting and Appropriating a Grant of $20,000.00 from the State of Alaska Department of Fish and Game for the Fish Waste Grinding and Disposal System and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue and Expenditure Accts: 415-908. (First Reading 03/11/02, Public Hearing 03/26/02, Second Reading directly after public testimony.)                          

 

There was no public testimony.

 

KRANICH/CUE - MOVED FOR THE ADOPTION OF ORDINANCE 02-09 FOR SECOND AND FINAL READING BY READING OF TITLE.

 

Councilmember Kranich inquired if any City match was involved with this grant project.

 

City Manager Drathman advised that if a match is required it will be made up within in the department and as far as the City is aware there is no monetary match required.

 

VOTE: YES:    KRANICH, CUE, FENSKE, LADD, YOURKOWSKI, MARQUARDT.

 

Motion carried.

 

ORDINANCE(S)

 

A.        Ordinance 02-07(A), Of the City of Homer Amending Sections 21.36.030 & 21.42.010 of the Homer City Code to Modify the Zoning Process at the time of Annexation. City Manager. (First Reading 02/25/02, Public Hearing 03/11/02, Second Reading 03/26/02).                                                                                                                            

 

CUE/MARQUARDT - MOVED FOR THE ADOPTION OF ORDINANCE 02-07(A) BY  READING OF TITLE FOR SECOND AND FINAL READING.

 

Councilmember Fenske advised that this ordinance provides the City Planning a period of one year to respond to the zoning needs and gives the City a chance to have meetings, get the input and desires of individuals in the newly annexed area as well as addressing any complications. He emphasized that the Council/City is not getting ahead of anyone and he voiced his hope that the new residents would all participate. He noted that the City Manager has scheduled some Annexation Transition public meetings.

 

Councilmember Kranich inquired about zoning permits, page 178 of the packet, and if there is a minimum dollar amount for when a zoning permit is required.

 

City Planner Tucker responded that the amount is $5,000 and also responded to a question by Councilmember Marquardt that this minimum amount applies to all projects, residential or commercial.

 

VOTE: YES:    MARQUARDT, KRANICH, CUE, FENSKE, LADD, YOURKOWSKI.

 

Motion carried.

 

B. Consent Agenda Item C.      Ordinance 02-10, Of the City Council of Homer, Alaska Accepting and Appropriating a Reimbursement of $9,600.00 from the State of Alaska Department of Transportation and Public Facilities for Performing Inspections on Commercial Vehicles and Commercial Vehicle Driver Credentials and authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue Acct: 151-4520-731  $9,600.00, Expenditure Acct: 151-5101--5102-731 $9,600.00. Recommend adoption for first reading and introduction and Public Hearing and Second reading scheduled for April 8, 2002.

 

Memorandum from Chief of Police as backup.                                                                                     

 

FENSKE/MARQUARDT - MOVED FOR THE ADOPTION OF ORDINANCE 02-10 BY READING OF TITLE.

 

Councilmember Marquardt inquired as to the scope of these investigations, what all is being inspected and if this involves jake brake usage, faulty exhaust systems and the like. He voiced support of the use of jake brakes on Baycrest Hill as a safety issue. He advised that his concern is excessive noise being created by poor or faulty exhaust systems. He requested a clarification from Police Chief Robl at the next meeting regarding the commercial inspections and if checking these systems is part of the inspection.

 

Councilmember Fenske relayed conversation with Police Chief Robl regarding certification and inspection personnel.

 

Councilmember Ladd read a portion of Police Chief Robl's memorandum into the record:

"We began doing level one inspections on commercial vehicles in Homer in the later part of 1998. Since that time, we have performed 185 level one inspections in Homer and hundreds of level two and level three inspections. Forty-four percent of the vehicles inspected were placed out of service due to serious safety related malfunctions discovered during the inspections. Juneau is the only area in the state that recorded a higher out of service percentage than Homer did. It's clear that commercial vehicle enforcement needs to be taken seriously. I will be sending at least one officer to a commercial vehicle enforcement training course this year and will try to send two. As our patrol/personnel situation improves, we will devote more time to this important area of public safety.

Mr. Ladd commended Police Chief Robl and Homer's Police Unit for what has been done to date and that what they are trying to do is on the right road.

 

VOTE: YES:    YOURKOWSKI, MARQUARDT, KRANICH, CUE, FENSKE, LADD.

 

Motion carried.

 

CITY MANAGER'S REPORTA.     City Manager's Report (Public Works Department, Fire Department,  Kachemak Bay Multi Purpose Ocean Dock and the Repairs and Renovations to the Small Boat Harbor - Progress Reports and the Ice/Crane usage and delivery record.)

 

B.         Game permits                                                                                                                          

 

C.        Record Report                                                                                                                        

 

The location of the new Animal Shelter was mentioned, it may be located on the north side of the Airport.

 

Mayor Cushing noted that there is a 4.5 to 5 page summary of all of the City projects and welcomed the interested public to ask for a copy.

 

COMMITTEE REPORTS

 

A.        Beach Policy Implementation Group, Requested by Councilmember Cue.

 

Councilmember Cue gave an overview of what the implementation group is doing: Has met twice and has planned further meetings. Public Works Director Meyer has applied for two coastal impact assistance grants, one for $100,000 and one for $50,000. Spit parking is being reviewed recommendations will be forwarded back and forth between the implementation group and the Parking Task Force. Beach Clean up Day will be done in conjunction with Homer Clean up Day, first Saturday in May, and coordinated with the Center for Alaska Coastal Studies. Regulatory and informational signs are in the developmental process. Pedestrian safe zones. Chief of Police Robl is reviewing an expansion of the City Code to clarify vehicle areas and storm berm protection.

 

Mayor Cushing advised that $12 million worth of grant applications/requests were received for the $2.9 million in Coastal Impact Assistance funds. He expressed his confidence that Homer/Homer Area would be receiving grant money.

 

Councilmembers Fenske and Marquardt commented on the Town Square Working Group meeting and that several scenarios have been drafted. They expressed appreciation and satisfaction with the meeting and the direction the working group is taking.

 

Councilmember Marquardt reported that the Parking Task Force meeting was canceled due to lack of quorum. He advised that he will be calling a Road Standards Committee meeting in the near future to review rural road standards and that he plans to announce the meeting date this week.

 

PENDING BUSINESS

 

NEW BUSINESS

 

RESOLUTIONS

 

A.        Resolution 02-24, Of the City Council of Homer, Alaska, Revising the Property Management Policy and Procedures Manual, Section 6.2, Lease Renewals and Non Renewals, Procedure. Ladd/Kranich.                           

 

KRANICH/LADD - MOVED FOR THE ADOPTION OF RESOLUTION 02-24 BY READING IF TITLE.

The Council discussed the pros and cons of the revisions to the current document. Some of the concerns there were expressed were that the document that is on the books right now greatly needs revision and clarification. Council noted that there are numerous discrepancies and inconsistencies within the document. The list of renewable/non renewable leases referred to within the Policy Manual seemed to be an area of concern. The whereas clauses/recitals were mentioned as well as the recommended/suggested revisions and are as follows:

 

WHEREAS, the City of Homer owns and manages numerous parcels of property on the Spit and elsewhere with the City; and

WHEREAS, it is the practice of the City of Homer to manage property in accordance with procedures identified by Policy, Resolution updates, and Homer City Code 18.08 as noted in the Property Management Policy and Procedures Manual, February 2002; and

WHEREAS, terms of lease agreements are recommended by the Leasing Negotiating Committee and determination of rent shall take into consideration factors identified in the Property Management Policy and Procedures Manual; and

WHEREAS, the City Council is responsible for reviewing current leases and tasked to identify a list of renewable and/or non renewable leases.

 

NOW, THEREFORE, BE IT RESOLVED by the Homer City Council that Chapter 6, Lease Renewals and Non-renewals, Section 6.2, Procedure, of the Property Management Policy and Procedures Manual is hereby revised as follows:

 

6.2 PROCEDURE

 

a.         From time to time the City Council shall approve a list of current leases identifying those City Council finds is in the City=s best interest to continue to lease to a current lessee; those leases will be identified on this list as renewable. The lessee of any property so identified on the list shall be entitled to negotiate for a lease renewal, without going through the competitive bidding process. Such a lease renewal is however, subject to other provisions of the City Code and the Property Management Policies and Procedures, including approval by the City Council.  (Reso. 98-15.)

 

a.         The City Council shall annually approve a list of current leases identifying those the City Council determines are in the best interests of the City to continue leasing to current lessees.  These leases will be identified on the list as renewable.  Within one year of a lease coming to term, inclusive of timelines identified in lease term options, the City Council will determine if it is in the best interest of the City to continue leasing to the current lessee, and to offer lease renewal.  If the City Council determines that it is in the best interest of the City to renew a lease, the lease will be placed on the renewable lease list, and the lessee will be advised at that time regarding the renewable or non-renewable status of the lease. The lessee of any property so identified on the list shall be entitled to negotiate for a lease renewal, without going through the competitive bidding process.  Such a lease renewal is, however, subject to other provisions of the city code and the property management policies and procedures, including approval by the City Council. (Reso. 98-15.)

 

Renewable Leases

 

b.         The City Council shall elect to not require a competitive bid process if the Council finds that the current lessee has demonstrated it is in the best interest of the City to continue leasing to the current lessee. Findings shall be based on, but not limited to the following factors:

1.         Lessee=s capital investment in the property and commitment to future capital investment;

2.         Lessee=s financial capabilities/credit history/prior lease history;

3.         Number of person=s employed at the property;

4.         Tax revenue to the City from the property;

5.         Other economic, social, or other benefit to the local economy;

6.         Intended use of the property, as stated in the lease, was met. (Reso. 98-15.)

b. 1.     The current lessee is responsible for submitting an application and proposal demonstrating the above listed factors, outlining why it is in the best interest of the City to continue with the current lessee. (Reso. 98-15.)

b.2.      The City will review the proposal, but is under no obligation to agree to continue leasing to the current lessee. (Reso. 98-15.)

 

Nonrenewable Leases

 

c.         When a lease expires, and does not have nay renewal option clauses, and is not identified on the list as renewable, the City will request proposals to lease the property. (Reso. 98-15.)

c.1.      Criteria used for scoring the proposals will include, but are not limited to the following: (Reso. 98-15.)

1.         Capital investment/term; and,

2.         Rent rate/price per square foot; and,

3.         Financial capabilities/credit history/prior lease history; and,

4.         Number of employees; and,

5.         Other revenues generated in the local economy; and,

6.         Experience.

 

c.2.      A Selection Committee will be formed to score the proposals and recommend a proposal to the Homer City Council for approval. The Lease Committee, as defined in Chapter 2, will score lease property proposals and recommend proposals to the Homer City Council for approval. (Reso. 98-15.)

c.3.      The Homer City Council is responsible for final approval of the proposal and lease.  (Reso. 98-15.)

c.4.      If no proposals are received for a specific lot; the City will consider responsive proposals on first come first served basis. (Reso. 98-15.)

 

Council discussed the need for a list of renewable and non renewable leases and for annual review.

 

Councilmember Yourkowski stated that he pretty much agrees with the Resolution and would like to acknowledge that the Administration does have a more comprehensive rewrite in mind for the Lease Policy Manual that will entail many revisions.

 

YOURKOWSKI/MARQUARDT - MOVED WE POSTPONE UNTIL FIRST MEETING IN AUGUST. (August 12, 2002.)

 

Councilmember Ladd asked Councilmember Yourkowski for clarification regarding the intent of his motion to postpone. He inquired if Councilmember Yourkowski was saying that he would like to have the City Manager bring back to the Council a revised policy on lease procedures by the first meeting in August.

 

Councilmember Yourkowski, confirmed adding: "A comprehensive review of the Lease Policy Manual with revisions."

 

The City Manager recited to the Council that his understanding is that the Council is postponing action on Resolution 02-24 and that the Council wants back a revised policy manual prior to that date. (August 12, 2002.)

 

Councilmember Kranich stated that the minutes would appropriately reflect that the Council's intention is that the Council would have the complete policy manual back prior to the August 12, 2002 meeting.

 

It was further noted by Mayor Cushing that the Manager has made it perfectly clear that he would  bring the comprehensive rewrite, if he felt this was a priority, back to the Council prior to the August meeting. He clarified that this postponement will still come forward at the first meeting in August. If the Council has already taken action on the Manager's rewrite then the postponed Resolution can be defeated.

 

VOTE:(postponement) YES:    There was consensus of the Council with no objection.

 

Motion carried.

 

COMMENTS OF THE AUDIENCE

 

Mimi Tolva addressed the Council regarding Bishop's Beach and thanked all of them for the time and effort that they put into running the City of Homer, acknowledging that it is not easy. She commented on the original Beach Policy Task Force recommendations, that took a lot of effort, regarding Area 7. She voiced agreement with berm protection, since these do not regenerate but once every five years. She commented on and voiced agreement with the recommendation d. under Area 7, that reads:

Left from the Bishop's Beach parking lot - this is a heavily used area and has the greatest potential for conflicts between user groups. We do not wish to prohibit vehicle use, but would rather encourage a separation to enhance user experiences.


She expressed her strong feeling about preserving access for vehicles, noting that as long as people drive below the berm and high tide line she does not see that there is really any damage done. She stated that any tracks left are washed away twice a day, there is not much pedestrian risk due to the miles of visibility and room, there is no damage to the land and there is no downside to that. Not everyone is into driving on the beach, but a lot of people are and as long as it does not harm anything this activity should be preserved. There needs to be signs and a way to keep people off the berm and out of the drainage. She commented on the confusion, the citation, much talk and noone is really sure of the policy. She encouraged the Council to keep in mind that this area of Bishop's Beach  is one of the only places where families can still go and drive on the beach, get coal, play games etcetera. She emphasized that this is a historical use and asked for the Council to preserve this right.

 

Garland Blanchard stated that he has been involved in this Bishop's Beach project and has a few questions. He commended the Council and the Beach Policy Task Force Committee for all the hard work to be able to preserve "this" and come up with a workable plan for everyone in the Community. He commented on speaking with Fish and Wildlife, due to their part and who have a terrific plan.  He referenced the comments and amendments regarding Area 7. that were made to the recommendations and that he does not understand that if the recommendations were accepted by the Council then why did another group have to be formed, and the meetings and what recommendations are going to be accepted by the Council. He queried if there is going to be public participation, rather than just a few people making the decisions. He stated that there were a lot of people put into the Beach Task Force Committee that had a lot of information and were involved and now these people are not involved with the new group. He voiced his hope that this will be a workable group. He asked the Council if the Beach Task Force recommendations are still implemented or is it all going to be changed.

 

City Manager Drathman, after receiving permission to respond, advised that this group is the Implementation Working Group and is a staff group. This group is not changing any policy or anything and to ensure no misunderstanding about what the Council wanted, two Councilmembers that were on the Beach Policy Task Force,  were asked to participate. There is not going to be public testimony, in that this group is implementing exactly what Council passed. There are no new ideas going to come from the Implementation Group. He emphasized that the Beach Policy Implementation Group meets in public and the public is welcome; however, the meetings are not for public input.

 

Councilmember Cue clarified, in response to Mr. Blanchard,  that Police Chief Robl is working on an ordinance that deals with the issue for clarification regarding prohibition of driving on storm berms and is an expansion of the current ordinance.

 

Paul Seaton, resident of Kachemak City and owner of a storage lot and shop in the newly annexed area, asked the Council about changing the sewer and water LID assessment methodology. Currently every lot regardless of size, is assessed the same. In the annexed area there are tremendously different lot sizes within those boundaries and therefore, it would be grossly unfair for the small lots to be assessed the same as very large lots such as 35 to 50 acres. He suggested that Council consider assessing on a square foot basis or 1/2 acre basis or some basis that ties the assessment to the lot size. On these 35 or 50 acre parcels, after the LID , the owner could subdivide into 30 lots, break up the single assessment and pay 1/30 of what people with the same kind of lots would be paying next door. He voiced his understanding that there is no rebate for those who paid for the original line extension when someone else connects on, adding that at least he has found nothing in the current LID policy. He urged the Council to consider this for the future for any LID in those areas and that this could be clarified. He stated that there may be a number of people that would have to abandon their properties, due to exorbitant assessments.

 

City Manager Drathman clarified that the current ordinance permits the creation of LIDs and leaves up to the Council to determine how these are funded. He advised that Public Works and himself will be bringing a proposal to the Council about LIDs in the annexed area and proposing something similar to what Mr. Seaton is talking about. He stated that the City does recognize the inequities when dealing with an area with vastly disproportionate sized lots. There is nothing in the City Code that locks the Council into an assessment methodology and is technically determined by each Council on each LID. He further relayed that "they are well underway on this one".

 

Paul Seaton voiced appreciation for the Council addressing this matter. He reported that he had talked to the State regarding the sewer extension along the rebuild of East Road, the cheapest time to do it, and the extension is an affluent to Kachemak City. He encouraged the Council to consider taking into account sewer systems or other LIDs or whatever, in the newly annexed area. That it might make a lot more sense to build that line under there to handle sewage as well as effluent from Kachemak City. He expressed his opinion that doing this later would be very expensive.

 

City Manager Drathman asked Mr. Seaton to call him, because the City paid to have full sewer lines put in all the way to Kachemak Drive.

 

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 Drathman addressed the letters in the local newspapers wherein the City has been criticized with particular regard to the City's anti growth policy: He pointed out several projects and associated dollar values: New Pioneer Dock $11.5 million, Reconstruction and reconfiguration of the harbor $3.5 million, Six water/sewer LIDS, four by the City of Homer and two by DOT as part of the East Road rebuild project. The atmosphere in Homer is so "pro business" that Scott Ulmer made a decision to purchase and remodel Homer Mall and expand his store. He commented on business development: Kachemak Gear Shed purchase of the Kenai Supply Building, Safeway tripling its store size, Save U More new site and 40,000 square foot store, U.S. Fish and Wildlife commencing construction on their "thing". He recited some statistics on building and zoning reports: 2002 first quarter 11 issued as opposed to 7 at this time last year and nine the year before. 2000 total was 58, 2001 72 and this year projection is close to 100. DOT project on East Road will be a local hire project and the City worked hard on getting that project for the City. He commented on project  expansions and completions: Jack Gist Park - Softball Field, Homer Hockey Association/HEA agreement for a Hockey Rink on the back area of the previous Waddell property. DOT Spit trail. He reported on taxable sales: 1998 - $94 million, 1999 - $98 million, 2000 - $102 million and last year $106.5 million. This community and this Council are not anti growth and are for reasonable sustainable growth and some planning.

 

 

COMMENTS OF THE MAYOR

 

Mayor Cushing noted that one of the great things about America is that everybody has the privilege of using the media and saying just about anything they want. He commented that when he reads the letters he interprets it that "we" just did not do things the way the writer wanted it, but certainly does not mean that "we" were not looking at balance and all the options in determining the course "we" felt the best. He cited the Ice Hockey Rink as just one example of a project, that in many ways, the City facilitated with the great core of volunteers. Where would that project be without the $100,000 that the City/City residents passed on to it via the action of the Council. The whole idea of the location was City facilitated. The tax payer of Homer can be happy with the work that their money is being put to. He commented that sometimes ideas are thrown out, such as architectural standards for the City that has been discussed as early as 15 years ago. He encouraged input from the community regarding the idea of architectural standards.

 

COMMENTS OF THE CITY COUNCIL

 

Councilmember Fenske reported on a newspaper clipping from a March 11th newspaper in San Diego about Homer with color photo of the Spit taken from the bluff and pictures of the beach area.  People in that sunny south think of going some place beautiful, such as Homer.

 

Mayor Cushing interjected a commendation to the Chamber of Commerce for another great Winter King Derby.

 

Councilmember Kranich advised that he is one of two Councilmembers who were casually discussing architectural standards and commented on a trip to Port Townsend wherein Safeway remodeled a store there that was attractive. He stated that the utility extension with the East Road job was discussed by this Council and Administration before the annexation was brought up and that it was determined that "now" is the time for the extensions to go in, even if those areas were not in the City, for future expansion plan. He suggested that the Port/Harbor and Parks and Recreation Commissions be involved in planning of the commemoration to the Sedge Class of USCG cutter and buoy tender.  He asked the City Clerk, at her convenience, for a copy of the final recommendations from the Beach Policy Task Force.

 

Councilmember Marquardt commented on the architectural standards and that Safeway in Port Townsend probably did not remodel their building attractively out of the kindness of their heart and probably Port Townsend had to hold their feet to the fire. Communities around the Country are starting to hold these large corporation's feet to the fire when it comes to the style of the buildings, how much land they'll occupy, the parking standards et cetera. The money saved in communities like Anchorage or Homer where they can come in and pretty much do whatever they want is the money poured into these other projects where their feet are being held to the fire. He stated that he is a fan of architectural standards, that he has received a lot of positive response to his most recent project and takes this as a sign that people are ready to start embracing some sort of cohesive development in this town. Perhaps some sort of aesthetics toward non obtrusive colors, light ordinance type things, noise pollution are more of the type of things the Council is talking about. He commented on the Manager's comments on the "State of Homer", so to speak, and the so called anti development standards, that he has been in construction during his tenure in Homer and has seen the job market get tighter and tighter. He stated that anyone would be hard pressed right now to find a carpenter to re model their house, adding that he does not know anyone out of work right now and takes this as a sign of a robust development environment here. He encouraged everyone to get out and enjoy Homer in the springtime and the springtime weather.

 

Councilmember Ladd reported that he was in Anchorage when they got 29 inches of snow and the town came to a halt and sidewalks and roadways were not plowed as they are in Homer after a storm. He congratulated Homer crews for being able to do what Anchorage could not do. On the issue of the growth versus the anti growth type conversation, he noted that each of the Council members has been given a list, 12 pages with 25 items each, of items to prioritize. He stated that during the Committee of the Whole he sensed a level of frustration for the City Manager, who had asked the Council what they want him to do. He noted that there are some things that the Council is reviewing such as the Lease Policy Manual, Steep Slope and each Councilmember has their pet areas. As a City a priority listing has to be developed and he voiced his hope that this could come together within the next week or so. He advised that he was one who asked for the architectural standards, that he sees this as an absolute must and that he believes it can be required in "our" buildings. He reported that he has seen McDonald's in communities wherein it does not look like a McDonald's and has to jell with the rest of the community. The property ordinances must be in place. He commented about large businesses coming in and the impact to local businesses. Council should weigh the type of growth that comes into the community, growth that puts a small business out of business is not desirable. He encouraged the Planning Commission to hustle along with ordinances that address large structures and parking lot sizes. He reiterated some of the Manager's comments regarding businesses expanding.

 

Councilmember Cue addressed audience comments on the Beach Policy, noting that these are policies and not recommendations. She expressed her opinion that there has been a failure to properly educate the community regarding the policies. She cited example: Driving to the left of Bishop's Beach parking lot is still permitted. Pedestrian friendly zone without the hazard of, or fear of vehicles, with no prohibition of vehicles. The area to the right of Bishop's Beach parking lot is access for the beach, to get coal, drive to Anchor Point etcetera. Signage is being developed for regulations and pedestrian friendly zones. She reiterated that Chief Robl is working on ordinances. It is really important for the Council to communicate what they are looking for in these areas, especially with spring and summer coming.

 

ADJOURNMENT

 

There being no further business to come before the Council the meeting was adjourned at 9:12 p.m.  The next regular meeting is scheduled for Monday, April 8, 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 April 81, 2002, in the Homer City Hall Council Chambers. An Annexation Transition meeting with the public is scheduled for April 1, 2002 from 5:00 p.m. to 7:00 p.m. in the City Hall Council Chambers.

 

 

 

_____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Approved: _______________________


[1]US Fish and Wildlife Center

[2]CCAA - Concerned Citizens About Annexation