Session 04-06, a Regular Meeting of the Homer City Council was called to order at 7:00 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 conducted a worksession on Long Range Fiscal Planning on the General and Port/Harbor Funds from 9:075 a.m. lunch break from 11:52
p.m. to 1:37 p.m. reconvened at 1:37 p.m. and adjourned at 3:52 p.m. Council's Committee of the Whole met from 4:06 p.m. to 5:26 p.m. Council
discussed the Land Allocation Plan, Lease Policy and Regular Agenda Items.
PRESENT: COUNCILMEMBERS: BECK, FENSKE, LADD, NOVAK, STARK, YOURKOWSKI.
STAFF: CITY MANAGER WREDE
CITY CLERK CALHOUN
CHIEF OF POLICE ROBL
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 consensus of the City Council with the following changes: Agenda Additions: To New Business requested by
Councilmember Stark, the AML request for endorsement letter regarding the state fiscal plan. To Resolutions as Item C. Requested by
Councilmember Stark, Resolution 04-29 Endorsing House Bill 431, a Proposed Municipal Dividend Program. Requested by Councilmember Stark,
the Community Design Manual with Ordinance 04-11, this manual will be enacted separately via Resolution, scheduled for April 12, 2004 the same as
second reading for Ordinance 04-11. That Item C. under Presentations, the Commendation to the Homer Middle School Team, be moved ahead on
the agenda to just after agenda approval.
City Manager Wrede advised of a correction to Memorandum 04-41, on page 5 it should read: for the area east of Alder Lane the proposed cap is
45,000 square feet.
Councilmember Stark said that he noticed that it says, on page 4 of Memorandum 04-41, that criteria of the Design Manual are not absolute and are
intended to be flexible setting a flavor and course for future development through out the community. He noted that in Ordinance 04-11 it states that
everything in the Design Manual is required. He advised that the Design Manual is scheduled for adoption on April 12, 2004.
(Approved to change agenda placement.) Presentation: C. Commendation for Homer Middle School Battle of the Books team comprised of
Brittney Wyatt, William Jasper, Lindsay Layland and Alternate Julie Inglima.
The following are the highlights of the commendation that the Mayor read:
The Alaska Association of School Librarians annually conducts a state-wide competition called the Battle of the Books in which the program
encourages and recognizes students who enjoy reading, to broaden interest and knowledge, increase reading comprehension, and promote academic
excellence.
The annual Battle of the Books competition is divided into groupings, K-12, in which booklists and appropriate questions are compiled each year by a
committee of Alaskan librarians and teachers based on the Criteria for Book Selection.
The first Battle of the Books audio-conference competition was initiated in April 1984 with fourteen school districts around the state participating.
By the 1988-89 school year there were fifty-one Alaskan districts participating and several out-of-state districts requesting Battle of the Books packets.
This year's seventh and eighth grade book list included outstanding literature such asBreadwinner by Deborah Ellis that provides students an
awareness of the limitations of women's freedoms and behaviors in Afghanistan during Taliban rule.
This year's winning team from Homer earned the right to represent the Kenai Peninsula Borough School District by defeating all seventh and eighth
grade teams at the Borough Championship.
The Homer Middle School team won the 2003-2004 Battle of the Books following three highly competitive rounds involving 30 finalist teams
The Homer Middle School Battle of the Books team has represented their fellow students, community, families and selves in an exceptional manner.
The City of Homer hereby commends the Homer Middle School Battle of the Books team comprised of Brittney Wyatt, William Jasper, Lindsay
Layland and Alternate Julie Inglima for demonstrating high academic achievement and winning the 2003-2004 State of Alaska Battle of the Books
7th/8th Grade Competition and recognizes Middle School Principal Glen Szymoniak and Battle of the Books Teacher-Coach Nancy Vait for their
instructional support and commitment to Homer's youth.
The team and their teacher-coach were present, received applause, shook the Mayor and Councilmember's hands and were each given an original of
the commendation read by the Mayor.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Public Comments upon matters on the agenda.
Frank Griswold, City resident, asserted that Ordinance 04-11 is not ready for introduction. He acknowledged that the Planning Commission has worked long and hard to amend the zoning code, adding that amending the code should not be relegated to civilian volunteers and is a job for the City Attorney. He voiced his opinion that to send this Ordinance to public hearing in its current state would be a waste of time, that new and old code is riddled with grammatical errors, superfluous text, and confusing statements. He cited a few examples:
Boat storage yard does not mean a park of land.
Principle building does not mean a building in which is conducted the man use.
Drainage area is now defined as an area contributing runoff to a single point measured in a horizontal plane which is inclosed in a ridge line. It is not clear where the single point is to measure from or why it needs to be measured at all. What is inclosed by the ridge line, a horizontal plane or a single point? How can a single ridge line enclose either a single point or the horizontal plane.
Island means a compact area of landscaping within a parking lot designed to support matured trees and plants. Guess this is why no man is an island.
HCC 21.32.050 (1), defines an apartment house and says to see 'dwelling multiple', but there is no dwelling multiple. If it is supposed to say see 'dwelling multiple family' then it should say so. Dwelling is defined as a building which contains living facilities for not more than one family. Anything less than one family would have to be no family in which case one would need limited facilities. Should this simply say one building. No, wait, a building design for one family is defined as a single family dwelling. A family is defined as an individual or two or more persons related by blood, marriage, adoption or a group not to exceed six unrelated persons living together in a single housekeeping unit in a dwelling area. So what if there are more than six unrelated persons living in the same household? Would that make it a rooming house?
A rooming house can accommodate up to fifteen unrelated guests and is defined as a dwelling not containing more than five guest rooms etcetera. Dwelling has already been defined as a building for not more than one family.
The definition of junk includes motor vehicles which are not currently registered for operation under the laws of the state.
Living ground cover means low growing, spreading perennial plants that provide continual coverage of the area. Are we now to assume that high growing or non perennial plants do not pass as living ground cover?
Living plant life other than ground cover is defined as plants including, but not limited to, trees, flower beds, and rock gardens. He stated that he did not know that plants were flower beds and rock gardens.
Native vegetation is defined as native (2)communities which are undisturbed or mimicked.
These definitions really need work.
HCC 21.32.348 Nonpoint source pollution: means pollution from any source other than from any discernible, confined and discrete conveyances and shall include, but not be limited to, parking lots, roof tops and include substances such as pathogens, petrochemicals, sediments, debris, toxic contaminants or nutrients.
21.32.385 exempts the City pipelines from requiring a conditional use permit. If this is the case then why the need to keep listing pipelines and railroads, for that matter, as conditional uses in the CBD and other zones?
Place is defined as space containing amenities such as, but not limited to, benches, bike racks, water features, public arts and kiosks that enhances, with an 's', the community.
21.48.050 states that the site access plan shall show, where practical, safe and where other means of access have not been provided, access easements may be required to public lands. This is not even a complete sentence. Access easement is redundant. Easement is defined in the text, access easement is not.
Pages 37, 49 and elsewhere in this Ordinance it addresses site development requirements. It states that all development on lands with slopes exceeding 20% shall be subject to the following standards. In the following standards is a requirement for slopes of 20%. But some slopes of 20% do not constitute slopes exceeding 20% they should not be subject to any requirements at all.
Page 39, riparian corridor is undefined as is dewatering device. Unless dewatering device means de garden hose, some help is needed in the definition.
Opacity, on page 42 , the Planning Commission seemed to think that Doug Stark would serve as the opacity meter. Mr. Griswold said that he offered to be the individual with normal sensitivities for odor detection, but does not know what full control technique means in controlling gas emissions, because it is undefined.
Particulate matters is very confusing. Item c. at the top of page 43. All facilities will be designed and operated with the highest and best emission
control equipment practicable. Parties responsible for a suspected source of air pollution, upon the request of the City, shall provide quantitative and
qualitative information regarding the discharge that adequately and accurately describe operation and conditions. Any responsible party shall be
prepared to have its plans and specifications reviewed by the State Department of Environmental Conservation prior to final approval of the plans by
the City. What does it mean to get prepared to have plans reviewed?
This is not a polished document.
Page 43, no activity shall produce objectionable heat or glare that constitutes a nuisance, which is undefined, beyond the property line of site. What about the harbor lights.
Page 44 and 62, HCC 21.48.100, evidence of compliance. It is too confusing.
Page 68, It is revealed that the new design manual is far more than a guideline.
21.61.020(h), states that building and site development shall conform to the Homer Design Manual when seeking a conditional use permit. So this
manual does define zoning code. It is even more confusing than Ordinance 04-11 and it too needs serious attorney review prior to adoption.
He advised that he did not get around to reading the large retail and wholesale development standards, although something in the traffic impact analysis on page 85 did catch his eye:
If a traffic impact analysis discloses impacts upon pedestrian and bicycle traffic a permitted shall take steps to mitigate the impacts.
Mr. Griswold concluded that one would assume that this referring to adverse impacts, which, luckily, is defined in this Ordinance as:
A condition that creates, imposes, aggravates or leads to inadequate, impractical ,unsafe, or unhealthy conditions on a site proposed for development
or on off tract property or facilities.
Mr. Griswold suggested that if words alone could scare developers into compliance this definition would be highly effective. He recommended that
this Ordinance and the Design Manual be sent to the City Attorney and let him put it into legal ease, before anyone else has to plow through it. He
urged the Council to not pass this now and try to fix it later, which is how the City wound up with such a poorly written code in the first place. He
reminded the Council, if they are worried about the cost, that the Attorney's contract calls for six free trips to Homer, and hopefully the Ordinance's
definition of trip, which is one way, does not apply in this case. He suggested that the Council invite the Attorney to one of their marathon
worksessions and really get the City's money's worth. He noted that the Council would not ask the Planning Commissioners to write their wills,
therefore, should not ask them to write laws. He urged this Council to arrange for training sessions like they used to have on planning and zoning
issues as well as general, governmental procedures and to fund a zoning enforcement officer. No matter how many pages are added to the code book
it means little without fair and full enforcement.
Kevin Hogan, City resident, commented on the Property Management Policy and Procedures Draft Manual and Resolution 04-25:
Section 1 rules and purposes (3): Looks attractive for someone to specify a purpose and stick to it on a 30 year lease and not have speculations and sublease. The way this is worded is prejudicial. There have only been two or three business on the Spit that have lasted 30 years. It is difficult to know today what the industry and market are going to be in 10 or 15 years.
Mr. Hogan emphasized that things are going to change. If anyone is going to be in a business they should have the flexibility to adapt and to change as market conditions adapt and change. To tie someone into a specific business use without the adaptability to change with market changes will cause that business to go out of business and then there will be a default of lease. He encouraged careful review of this and to give people the flexibility for the success of their business. He recommended that a member of the public be added to the composition of the Lease Committee, at least as an ex officio member. He voiced his desire for the member of the public to be an individual selected by the existing City lease holders to provide the Committee the perspective from the position of an existing lease holder. He suggested that if Council is only hearing from the City view point the Council will not be able to address a lot of problems that the City Committee members do not see, interjecting the benefit of having this perspective when negotiating a lease. He guessed that there were 25 to 30 lease holders.
Policy 3.1, regarding standardizing the process. He voiced his thought that this is contrary to maximizing the value of the City assets. He questioned if this is in the best interest of the City, in that every lease has different and unique factors. A standardized, boiler plate lease policy is not maximizing the maximum value to the City. If each person comes to the table and negotiates their own best lease for their unique situations this will go a long way toward maximizing the realization of value of properties.
Request for Proposals. It is imperative that one of the initial qualifications to even be able to come to the table is that a potential lessee has pre qualified, before even going to page two, especially in relation to credit worthiness, no tax liens, no history of bankruptcy, no history of inability to pay the rent etcetera. This is important since there has been a steady parade of scam artists rolling into town and the City ends up with undeveloped properties and projects that have gone. He encouraged the Council to codify prequalification.
Section 10.2 (e) and (f), seem contradictory. It is in the City's best interest to consider and have as part of the lease renewal an option for someone who has had a successful business and contributed to the community.
Section 11.1 periodic appraisal adjustments based on market conditions. This should be able to work both ways. If there is something that adversely affects the value of the property that should be reflected in the appraisal process. The lease rate should be able to go down as well as go up.
CPI adjustments. He suggested the UAF evaluation of Homer CPI be followed instead of the Anchorage CPI.
Subleases. Prohibition on subleasing should be eliminated. If someone is indicates at the beginning of their lease that they intend to do a property management business and develop and project with office space for lease or retail office space for lease, it should be allowed.
Hazardous materials and environmental inspection at the end of the lease. This is of course a good thing, however, the City should take the burden of ensuring at the front end that the property is clean to begin with. Each lessee should take responsibility for their own mess. Unfortunately the expense of the environmental assessment is quite extensive. It is known that a lot of the property out on the Spit is contaminated.
Mr. Hogan voiced his opinion that this is a good move forward, he stressed having criteria to get into the game, to make sure there is some kind of
standard that people have to submit to respond to RFPs to ensure that these proposers are viable, have good track records and that the City do some
screening at the front end.
Sue Post thanked the Council for the opportunity to speak tonight on Ordinance 04-11 and asked all of the Council to give careful consideration to
the document that the Planning Commission has submitted. She commented that this is a long document, with a lot of detail and that it still needs
some work. She voiced her understanding that the Council directed the Commission to develop standards for addressing large retail and wholesale
stores and to recommend a size cap for the retail and wholesale development. She voiced further understanding that this document, that the Task
Force and the Planning Commission worked long and hard on, would then come to the Council for continuation of the public process. She noted that
at this point the Council should still be open to comments of the public and that minds should be open. She questioned the ethics of any City
Councilmember to collect signatures on a citizen initiative petition to amend the size limit before Council has even decided on the size limit. She stated
that something is wrong with this picture and that she personally feels this is very, very wrong. She asked the Council to question the 30,000 to
35,000 square foot size cap that does follow suit with what is currently in the Central Business District. Ms. Post relayed her concern to the Council
that this document does not state how many buildings of that size can be on a lot and her concerns regarding the traffic issues, especially with a new
hockey rink and new library all in the same area, where a new large retail store would like to be. She emphasized that the "corner" is already a major
traffic problem. She strongly urged the Council to be concerned about the standards for all buildings not just retail and wholesale so that Homer does
not just have the most attractive large retail and wholesale buildings and at the same time the most unattractive ice rinks, motels or small retail stores.
She thanked the Council for their time and consideration on this issue and that she does trust that the Council will allow the public process to work as
it is meant to be.
Larry Slone spoke to the Council about Ordinance 04-11, agreeing with previous speakers that it is a detailed and convoluted document. He agreed
that this document probably has a lot of flaws and that he will leave that up to Mr. Griswold to point out the flaws. He commented on the expectation
of what size should be applied toward the businesses in the CBD and that his understanding of this proposal is that it is, basically, a boiler plate
proposal from the lower 48 and that he assumes that it complies with the Environmental Protection Agency requirements. He suggested that if this is
the case then there are a lot of Ordinances of this nature in the lower 48 with a lot of potential flaws. He commented on the maximum building size
cap and that in the Central Business District the proposal is for 30,000 square feet and sets many standards with regard to traffic, lighting, nuisance
standards, drainage, buffer zones and storm water. In addition any large store that wants to locate in the Central Business District has to obtain a
conditional use permit, which requires additional standards with regards to plans for siding, structure, community economic development, citizen
participation plan and also detailed traffic mitigation impact plan. All of these are to be submitted for City review and if the City is not satisfied that
the requirements are met to deal with health, safety and welfare then the City can modify these as necessary. He pointed out that adequate safeguards
have been established as, via this proposal, with regard to aesthetic considerations. Section 21.61.105(11) deals with building aesthetics, it essentially
refers to architectural features and the minimums required to help create an attractive facade and pedestrian friendly environment. He noted that this
section goes on to list a series of what the building can be. He commented that some practical standards have been taken care of by this document and
if the aesthetic standards are also being disposed of by this document, all it leaves are the political considerations. He voiced his belief that the size of
the store. as proposed in this document at 30,000 square feet has no other justification than a political one, of ramification and political justification.
Mr. Slone asserted that there is no practical consideration for it as complied with by the plan and there are no aesthetic considerations required to
prevent the largest store from being placed in the Central Business District. He voiced his thought that there is evidence that most of the people in this
town would prefer a larger size store than 30,000 square feet and he recommended that this size be increased up to 60,000 square feet in the central
business district. He reiterated that there are a number of flaws and that other people will point those out specifically. He stated that it is the cap size
that most concerns him, that there is no justification for it. He voiced his opinion that from a political stand point and an aesthetic stand point, that it
is merely a question of how many people in this town desire to have what for their own reasons, and this Council should take consideration of those
reasons, but this is not something that this Council needs to get too concerned about other than the general weighing of the public's attitude of this
size cap. He reiterated that a 60,000 square foot size cap is quite adequate as long as the providers or persons who want to build that size of store feel
that's what they need to make it a viable economic venture in their desire, as long as the other criteria is met. He stated that this should be the
justification as to whether or not there should be large store.
Bill Smith commented on Ordinance 04-11 and advised that the Planning Commission will have at their meeting, next week, a Resolution with
amendments to the Ordinance. This Resolution will be forwarded to the Council noting corrections to several areas in the Ordinance, interjecting that
these were oversights or just errors. There will be some corrections to the Design Manual to correct some things, on the second page of the Design
Manual, where it says that quality is more important that strict conformance. If there is going to be a Design Manual and it is not going to be a
standard for people to meet or exceed, there might not be much point to having a Design Manual, just as a feel good thing. He advised the Council
that this is a challenge to people to do better than this, even though, under certain parts of the Conditional Use Permit there is a condition to meet the
requirements of the Design Manual. This indicates that people can do better than this if they bring in a better plan. The things in the Design Manual
are not hard core requirements, but it does need to have some influence on the process. He addressed some of Mr. Griswold's comments that the
Commission did do a number of edits as a result of Mr. Griswold's comments and voiced appreciation for the input, as one group of amateurs
assessing the comments of an amateur who is assessing zoning code. Mr. Smith advised that about half of those comments were actually addressed to
existing zoning code, which was either not moved or was just moved word for word from other sections of the code. The Commission had not the
time to do a total comprehensive change of the code, those sections moved were moved, in tact, word for word. He reported that the City Attorney
has been apprized of all the work the Commission has done as they have gone through it and that the staff has returned various comments from the
City Attorney, which were incorporated into the document, and that the last thing heard from the City Attorney was, "Good work Planning
Commission." He thanked the Council.
David Raskin thanked the Mayor and City Council. He advised the Council that, although he and his wife live about 20 feet from the Homer City
boundary, they have been deeply involved in this community and continue to contribute to its programs. He stated that they are very much in support
of the process and proposals that have been developed in the proposed Ordinance 04-11. As far as the specific details are concerned those are things
that are best left to those most knowledgeable to professionals and people designated to perform those tasks. He shared two concerns that they have
with regard this proposed Ordinance; Is it appropriate for an elected member of the City Council to repeatedly try to subvert the public process,
instead of allowing it to be completed and abide by the obligation of being elected to this Council? Specifically, why would a Councilmember carry a
petition to gather signatures of teacher and staff to try to undo the bulk of the public testimony and the professional judgements of the Task Force and
Planning Commission, who have worked for more than a year to develop this? Do Councilmembers have an obligation to abide by the public process
until its completion, or can they simply, as a school child - take the ball home because they are afraid they won't win the game? Mr. Raskin stated that
satisfactory resolution is desired of these issues and that the public process be allowed to proceed in an orderly and proper manner. He commented
that he and his wife wonder why they should continue to advocate that Kachemak City be, ultimately, annexed by the City of Homer. Why would they
we want to, sort of, disagree with many of their neighbors to bring that about when they see this kind of process going on when elected officials don't
listen to the public testimony and the professional judgement of those assigned the task to inform them. He thanked the Council very much for their
consideration.
Konrad Schaad thanked the Council for providing this opportunity to speak here. He voiced his opinion that there are enough signatures, enough
testimony to pretty much show what the majority of the people think about box stores. He pointed out that the ball is in the Council's court to actually
listen to what the people said and not just some special interest groups who no one really hears much about and that is all that he has to say. He noted
that everything has been said and encouraged the Council to now listen. He thanked the Council.
Anita Sailitis, resident of the City, asked the Council to support of the work of the Planning Commission and to further consider the future of Homer
in deliberations of Ordinance 04-11 by remaining true in their work to the character of this small town. She voiced support of the small businesses and
business owners in Homer that provide services for this community. She stated that she is against anything that will threaten the vitality of the small
business section and its diversity. She told the Council that she does not want her kids to have greater shopping opportunities, that she wants them to
have safe sidewalks, trails, facilities for recreation, and libraries; and to grow up in a place where they see and experience a different way of life than
then lower 48; where small businesses are valued; and where the people don't sell out to the outside corporate interest. She voiced support of a lower
size cap in all the zoning districts, CBD, GC1 and GC2, of a 20,000 square foot cap. She suggested that there is a reason for the lower size cap,
besides politics, that is to avoid the negative economic impact on local business that will be severe. She reported that the impact was severe in
Fairbanks, that she lived there when those kinds of stores came there and that she saw that happen. She voiced support of the Design Standards that
the Planning Commission came up with for Homer to grow in a responsible way and that she appreciates the chance to speak. She expressed dismay
that some of the Council have made up their minds without going through the public process. She suggested that consideration be given, by those
Councilmembers, to excusing themselves from the final vote, since they have disregarded the public process and their duty by their involvement with
this petition for the 66,000 square foot size cap. She asserted that this seems very unfair and is truly discouraging to hear about that. She thanked the
Council for giving her a chance to speak.
Jackie Eisenberg advised the Council that she is one of their tenants on the Spit, that she has read through the draft of the new Property Management
Policy and that she is really happy to see it. She noted that there are a lot of different people out there, not only living/working side by side, they are
all competitors trained to fight each other day after day in business. Naturally there is going to be a lot of things that come up. She stated that she is
really glad to see a format that everyone needs to follow and everyone is playing by the same rules, getting rid of the hand shake deals that have gone
on in the past, which are still coming up and affecting things. She voiced appreciation for and very much in approval of what she saw, suggesting that
it will be difficult for everyone to get used to the new process, the application process. She shared her assurance that everyone will work with them to
get them all on the track with that. She encouraged the Council to take a proactive stance on the putting things together out there.
Rika Mouw commented about hearing on the radio that this is the Council's fourth and final meeting of the day and that her heart goes out to the
Council. She thanked them for the time that they have spent. She voiced appreciation for the time that the Planning Commission spent on this
document She expressed recognition that this document is in a rough form and that there are a lot of details to be worked out. She acknowledged and
commended the Commission for their hours and hours in discussion, analyzing, researching, looking at comparisons with other towns and
communities of Homer's size and that they tried to come to a place that is good for Homer. She voiced her thought that in some places they have not
gone fair enough and that these can be worked on later. She stated that Homer is a truly special community and place and that she is so proud of the
people that are working hard to bring a library to the community, those working with the down town core and those for a pedestrian friendly down
town. She shared her pride of the uniqueness and diversity of the Homer business community, the efforts they are making and that almost anything any
one wants can be gotten here with a smile and a personal flavor. She voiced support of the spirit of the Comprehensive Plan that encourages the
strength and support of the local businesses and that she is proud of the dedication the Planning Commission has shown in trying to move that spirit
along. She urged the City Council to really study this and to support the Planning Commission, because the Council gave them this task. She told the
Council that if they do not take this to heart then all of this is just such a waste, her time, Council's time, Planning Commission's time and everyone's
time. She expressed her disappointment in hearing that, at least, one Councilmember has taken the initiative to undermine that work before the
Commission really even submitted their report and it seems that time is being wasted on Council's parts as well. She relayed her feeling that 35,000 for
a building is big and that what really scares her is that there is a possibility of many buildings of that size, because it is not just limited to one. She
trusted that the Commission did their homework and if they feel that is something that we can live with, then she has to respect that, but, it is quite
concerning, when thinking about multiple buildings of that size. She expressed concern about the City staff's stretched schedule and that she thinks
they can hardly keep up with what they've got now and even enforcing the sign code has been a challenge. So, she continued, when she thinks about
large projects and all that they will have to do to regulate and oversee, it is concerning. She voiced her observation that if more than one of those goes
up that she just cannot see current City staff being able to stay on top of it and that it really scares her. She urged the City Council to listen to the
Planning Commission, to listen to testimony and to do what is best for the City. She emphasized bigger is not better, better is better. She thanked the Council.
Steve Zimmerman, City resident with a short term lease on the Spit, stated that he wants to talk about this draft document for property management:
Environmental inspection, 17.2(e), including test holes isn't a phase 1 and is quite expensive. As far as he knows, no where does it say that the City is going to guarantee that this property has no pollution when you get it, so why do we have to prove up? He relayed that one Councilmember had told him at one point that the lessees should take the responsibility of doing this test before they get the lease to ensure that the ground is good. Mr. Zimmerman questioned what happens if it turns up dirty, does the lessee lose the money spent on the inspection? He suggested that there are some problems with this that need to be dealt with.
16.2 (e), Easements or rights of way shall not be used for storage, parking or any other unauthorized uses. He asked why the lessee would want to pay $0.68 a square foot a year for something that they will never be able to use. This should not be included in the lease if it cannot be used. The lessee should be able to use the lease boundaries and the square footage of the lease. He suggested that this appears to be just a nice way to get some money, put an easement on something. He noted that this is a little bit of an issue.
Mr. Zimmerman advised the Council that most of the new policy seems okay and that he did have about four other areas he notice, but had forgotten
his notes. He asked if the Council was going to act on this policy tonight. Mr. Zimmerman thanked the Council for their time and for getting busy on it.
Mayor Cushing advised in the negative, that Council's intent was to take input on the document and then postpone it.
Ann M. Poso, resident of Homer, voiced her interest in the lease proposal on the Spit. She commented that, although she does support the City's
involvement in managing property, there are a couple of items she is a little vague on such as; Aesthetics, which leaves a lot of room on what is nice in
the industrial area and what is the Homer harbor area and what is not? She stated that the management on some of the ground out there is always a
concern and that it is really hard to get around. She asked for the City to make it easier to get around the back yards, that "they" put down silt in the
back yard and it has been absolutely impossible to do anything out there and is just very inadequate decision making. She agreed with Montana (Steve
Zimmerman) and that she has concerns as well. She voiced her support of the City taking over the management, but asked that they make sure it is fair
for everybody out there.
RECONSIDERATION
None scheduled.
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.)
Councilmember Ladd requested that item B. be placed under Ordinances as Item B.
A. Homer City Council unapproved meeting minutes of February 23, 2004 Regular Meeting. Recommend approval.
B. Ordinance 04-05, Of the City Council of Homer, Alaska, to Authorize the Expenditure of Homer Accelerated Roads Program (HARP) Funds for
the Surveying, Engineering and Design of Waddell Way Improvements. City Manager. Public Works. Fiscal Note: Expenditure from HARP
$103,440.00. Recommend introduction and that the Public Hearing and Second Reading be conducted March 22, 2004.
Memorandum 04-17, from Public Works as backup.
Placed under Ordinances as Item B.
C. Ordinance 04-10, Of the City Council of Homer, Appropriating $37,800.00 from the General Fund Police Department Fleet Reserve for the
Purchase of Two Patrol Vehicles for the Police Department. Finance. HPD. Fiscal Note: Expenditure from Acct. 152-382, HPD Fleet Reserve
$37,712.00 Recommend introduction and that Public Hearing and Second Reading be conducted on March 22, 2004.
Memorandum 04-34, from HPD as backup.
D. Resolution 04-26, Of the City Council of Homer, Alaska, Urging the Department of Environmental Conservation to Regulate Ballast Water Discharges to Protect the Economies and Ecosystems of Kachemak Bay from Nonindigenous (Invasive) Species. Yourkowski. Recommend adoption.
E. Resolution 04-27, Of the City Council of Homer, Alaska Supporting and Recognizing the Significance of Coastal Planning and Supporting the
Roles of the Kenai Peninsula Borough Coastal District and the Alaska Coastal District Association in the Alaska Coastal Management Program.
Yourkowski. Recommend adoption.
F. Resolution 04-28, Of the City Council Amending the Hillside Acres Water District and Sewer District Boundaries. City Clerk. Recommend
adoption.
Memorandum 04-40, from Public Works as backup.
G Memorandum 04-35, from Mayor Cushing, Re: Reappointment of Otto Kilcher to the Port Harbor Advisory Commission, Reappointment of
Cherish Bee McCallum to the Parks and Recreation Advisory Commission. Recommend confirmation..
H. Memorandum 04-36, from City Clerk, Re: Liquor License Renewals for Eagle Liquor, Save-U-More Liquor, Starvin Marvin's and Duggan's
Waterfront Bar. Recommend non objection and approval. .
I. Memorandum 04-37, through Public Works Director, Re: Management of Noxious and Invasive Plants in Alaska. Recommend approval..
BECK/YOURKOWSKI - MOVED FOR THE APPROVAL AND/OR ADOPTION OF THE RECOMMENDATIONS OF THE CONSENT
AGENDA AS READ.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VISITORS
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS
A. Homer Animal Friends(HAF), Special Presentation to the City by Peggy Pittman.
Peggy Pittman, volunteer since 1985 at the Homer Animal Friends, reported on the work of Homer Animal Friends:
Started in 1985 as an informal group of people who were concerned about the cruelty to companion animals in and around Homer. The group felt that the two largest contributing factors to the this cruelty were due to pet over population and a lack of a sense of ownership responsibility.
Prevention is their focus. Prevention of over population would be through a low cost spay neuter program. Prevention of owner cruelty through ignorance would be by education.
1986 the group became formal with articles of incorporation and obtained a non profit status in 1989. They are still 100% volunteer.
Opened first bank account in November 1988 with $673.00. Very same month kicked off the low cost spay neuter program. Since then they have spent over $110,000.00. to assist dog and cat owners in the prevention of unwanted litters. That is 3,360 animals. The HAF used conservative numbers and estimate the number of offspring for just one year, therefore, in their book on spay female cat prevents 15 kittens and one spay female dog prevents 10 pups. Using this conservative method HAF estimates that the program has prevented the birth of 23,000 animals.
Over the years they have sent $11,000.00 on education programs. Purchased and donated several books and VHS tapes to the library on pet care, health and training for both adults and children.
Volunteers go into the schools and talk about pet ownership responsibility and now sponsor 14 teachers mostly at the primary level and at their request to receive monthly class room materials from the kind kid program.
Sell pet ID tabs at cost.
Purchase educational material to be available at the shelter.
Sponsor owner pet activities such as obedience classes, pet parade and strut your mut, a, sort of, bonding activity.
Money for emergency care. This is for when an animal is taken to the veterinary by a good Samaritan. That animal can treated until the owner can be located. Also for other emergency situations. HAF has spent over $11,000.00.
Homer Animal Shelter as volunteers and spending money since 1989 and have spent over $37,000.00 at, on and for the shelter. Medications, vet care for the sick and injured animals at the shelter, special foods for the special animals, laundry for the bedding, toys, treats, literature. Everything from mouse traps to 14 shorelined stainless steel cages that will be transferred to the new shelter. By 1991 HAF could see that the City was going to have to replace the existing shelter.
HAF started to set aside money, as best they could, to assist the City in replacing the shelter when it came time to break ground. So here they are
today with some of that money a donation to the City of Homer to be put toward the soon to be built replacement shelter.
Sherry Bess, a long time volunteer of the Homer Animal Shelter, addressed the Mayor, Council and City Manager, stated that she is very happy and very excited to be here this evening and that this is a day of celebration. She advised them that in a few moments HAF will present the City of Homer with a check for $50,000.00, which is the fruit of many people's labor and is a gift that HAF promised to return to the community to be used for its intended purpose, to help with the cost of building a new Animal Shelter. (There were cheers and applause from the audience.) She stated that it has been a long time dream to see a new Animal Shelter in our Hamlet by the Sea. She cited a few examples of the contributions, over the years, to Homer Animal Friends:
There has been, over the years, a diverse group of people with a shared goal who have contributed from a few pennies up to an individual who gave $10,000.00.
This money represents legacies to lemonade stands; individuals and business owners who gave items for auctions, yard sales, bazaars and raffles; people attended fund raisers and spent their hard earned money, manned booths, sold tickets, cooked, worked and organized so these events would be successful.
Others had fund raisers of their own and gave Homer Animal Friends their proceeds, these people set up lemonade stands, baked cookies, made quilts, jumped rope, put donation jars in their parents business, washed cars and taught obedience classes year after year.
Several young people had birthday parties and asked their friends to bring donations for the shelter in lieu of gifts.
Instead of wedding gifts couples asked for checks to be made out to Homer Animal Friends. There were people who cared so much about a new
shelter that they named Homer Animal Friends in their wills.
Members of HAF and Support Our Shelter (SOS) gathered with the Mayor and Council around the oversized check representing the $50,000
donation
Mary Donlon thanked the Mayor and Council, adding that they just wanted to lay out a little bit of fabric. She apprized the Council that the current
status on the construction of the new shelter is that the foot print is done, the blue print is at about 35% completion including architectural and
mechanical engineering, has been reviewed by Public Works Director Meyer, and the time line is that the shelter will be built this summer and fall and
completed before Santa Clause comes. She advised that this is pretty much a Star Trek time warp type of thing, but they are gong to do it. Funds now
available are $357,000.00, composed of three Governor's Matching Grants equaling about $338,000.00, a contribution of Kachemak City of roughly
$25,000.00, and this incredible $50,000.00 from HAF, who rock. This makes a total of $407,722.00. She noted that a little over double of this is
needed and encouraged the Mayor and Council to all pull out their wallets, which would be appreciated. She reported on the fund raising efforts that
includes a Memorandum of Understanding ( MOU), with the City of Homer, HAF/SOS. SOS is a sub committee under HAF utilizing HAF's 501 non
profit status to collect some money. She informed the Council that she is the SOS Campaign Coordinator and is working with the City Manager's
Administrative Assistant and Animal Shelter Campaign Coordinator for th City, Rachel Livingston. She assured the Council that they will be
impressed with the speed in which the funds will be raised. She emphasized that the check from HAF has impressed them and inspired them that they
are going to make it happen. She noted that funds raised will go into the Animal Shelter Construction Account, controlled by the City and Public
Works Director Meyer, to help build the shelter. She commented on some of the fund raising events coming up: Down East Function, Quilt raffle,
Garage Sale, Dinner and Wine Function at the Homestead, Golf Soiree. Promising Grants and donations are being sought at this time. There is an
account at Wells Fargo entitled, HAF/SOS, a tax deductible non profit account and encourage everyone to go to the dogs and give some donations.
She stated that she will be calling lots of people and asked that the Mayor and Council wish them luck on their fund raising of money to go to the City
for the Shelter project construction and completion.
Mayor Cushing called for a recess at 8:23 p.m., reconvening the meeting at 8:37 p.m.
B. Mayoral Proclamation, American Red Cross Month, March 2004.
C. Commendation for Homer Middle School Battle of the Books team comprised of Brittney Wyatt, William Jasper, Lindsay Layland and Alternate Julie Inglima.
This agenda item was placed just after Agenda Approval.
PUBLIC HEARING(S)
A. Ordinance 04-08, Of the City Council of Homer, Alaska Amending the Account Numbers Assigned to the Water and Wastewater Master Plan
and Clarifying the Revenue Source. Finance. Revenue Alaska Department of Environmental Conservation Loan monies in the amount of $300,000.00
to Expenditure account 215-825 for the Water and Wastewater Master Plan. (First Reading February 23, 2004, Public Hearing and Second
Reading March 8, 2004.) .
There was no public testimony.
YOURKOWSKI/FENSKE - MOVED FOR THE ADOPTION OF ORDINANCE 04-08 BY READING OF TITLE FOR SECOND READING.
Councilmember Yourkowski noted that this is merely a housekeeping type ordinance.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
ORDINANCE(S)
A. Ordinance 04-11, Of the City Council of Homer, Alaska Amending Homer City Code Chapters 21.32 Definitions, 21.42 Zoning Permit, 21.48 Central Business District, 21.49 General Commercial 1 District, 21.50 General Commercial District 2, 21.52 Marine Commercial District, 21.53 Marine Industrial District, 21.61 Conditional Use Permits, Adding Sections 21.61.105 Requirements for Large Retail and Wholesale Development More Than 15,000 Square Feet in Area, and 21.61.110 Standards for Traffic Impact Analysis. Planning Commission as directed by Mayor and Council. (First Reading March 8, 2004, Public Hearing March 22, 2004, Second Reading April 12, 2004.).
Memorandum 04-41 from Planning as backup.
A.1. Community Design Manual, follows with Ordinance for public hearing and scheduled for adoption, via Resolution on April 12, 2004.
Councilmember Ladd advised those present that he did work with a sponsor (4), his wife, who was real sick, by gathering signatures. He noted that
this was inappropriate, because she is the one that has to testify or certify those signatures. He emphasized that none of those signatures were
certified, nor will be, these have been turned over to the Clerk and these will be destroyed. He stated that he has informed the Mayor. Mr. Ladd
commented that throughout the whole process hethought he was helping and that he honestly did not know that it had to be certified or notarized,
interjecting that he was not there when the sheets were picked up and that he thought that the purpose was that someone was there to attest that the
person signing was in fact that person. Mr. Ladd voiced his desire to correct his error and that if, in fact, the Council feels that his assistance in
gathering signatures for the 66,000 cap, a part of the whole gambit of standards, is enough to say that he should not participate in this process then he
is willing to abide by the wishes of the Council.
Mayor Cushing restated, for clarification, that Councilmember Ladd is offering to recuse himself because of a Conflict of Interest of having
participated in gathering signatures, adding that Mrs. Ladd will not sponsor any signatures.
Councilmember Ladd confirmed emphasizing that his wife has removed herself from that list totally and that the signatures that were gathered were
sealed and delivered to the Clerk.
Mayor Cushing briefed the Council on the process of his ruling and the Council's ability to over rule. He ruled that Mr. Ladd should not be precluded
from introduction and that he stands to be corrected or overruled by the Attorney between now and the public hearing.
There were no objections from the Council.
Councilmember Beck relayed her belief that the Councilmembers do come to the table with preformed opinions, which does not mean closed
mindedness. She voiced her desire to not vote on this Ordinance today and to wait until the Council has an opinion from City Attorney Tans on this Ordinance.
FENSKE/YOURKOWSKI - MOVED FOR THE INTRODUCTION OF ORDINANCE 04-11 BY READING OF TITLE.
Council clarified that they put the Planning Commission on a fairly tight time line to come up with recommendations and that the Planning
Commission met that time line. It was understood that there would be a certain amount of modification, change, correction and editing. Excitement
was expressed with moving on with this Ordinance and that business owners are interested in the final Ordinance. Planning Commission was
commended for their work. It was noted that the Planning Commission Chair had indicated that the Commission would be forwarding some additional
input on corrections to the Ordinance via Resolution at their next meeting. This issue has been worked on for 16 months, there have been eight public
hearings with over 30 hours of testimony, there have been eight to ten votes on it and the position of Councilmembers is fairly well spelled out, except
for the newest Councilmember, Dennis Novak. Overall this is an excellent Ordinance. Within the Ordinance are several references to manuals such as
the Community Design Manual, traffic codes for the state. The Community Design Manual is scheduled for adoption, via Resolution, at the same
meeting as Final Reading of the Ordinance. There was desire expressed to refine this Ordinance to best meet the needs of the community. Concern
was expressed regarding the inability for piling up snow in a parking lot area. Council voiced intentions to discuss this Ordinance and amendments
thereof during the Committee of the Whole meetings under the Regular Agenda item.
FENSKE/ - ASKED FOR THE QUESTION.
This motion was not recognized.
Mayor Cushing noted that Councilmember Beck had concerns and had suggested waiting for the City Attorney's opinion prior to Councilmember
Ladd's participation in voting. Mayor Cushing suggested that he leave the table since the Council has asked for non objection and that he cannot stop
Councilmember Ladd from leaving the table and that he thinks that it is probably best.
Frank Griswold, member of the public and in the audience, called a "Point of Order" and asked to be able to talk
Mayor Cushing called for a recess at 9:05 p.m., spoke with Mr. Griswold and reconvened the meeting at 9:06 p.m.
Councilmember Ladd left the table and did not vote.
FENSKE/NOVAK - ASKED FOR THE QUESTION.
VOTE: (Call for the question) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE:(ordinance 04-11) YES: NON OBJECTION. UNANIMOUS CONSENT. .
Motion carried.
Councilmember Ladd returned to the table.
B. Consent agenda Item B. Ordinance 04-05, Of the City Council of Homer, Alaska, to Authorize the Expenditure of Homer Accelerated Roads
Program (HARP) Funds for the Surveying, Engineering and Design of Waddell Way Improvements. City Manager. Public Works. Fiscal Note:
Expenditure from HARP $103,440.00. Recommend introduction and that the Public Hearing and Second Reading be conducted March 22, 2004.
Memorandum 04-17, from Public Works as backup.
FENSKE/LADD - MOVED FOR THE INTRODUCTION OF ORDINANCE 04-05 BY READING OF TITLE
Council discussion included the following:
Appropriateness of the use of HARP funds for this project.
Is the portion of Grubstake that is being recommended to be constructed as part of this project considered a new road?
It was clarified that this Ordinance is only for the road improvements and does not include the water and sewer portion. Is the
These improvements will improve traffic routes by providing an alternate route and another thorough fare, which will improve traffic flow.
Desire to see the commitment of the cross town corridor first.
Property owner involvement is desired; however, asking for land owner participation when a negative response is fairly clearly expected is not necessarily the way the City should, perhaps, be heading. No one wants hard feelings. There may be a real glowing participant in a few months.
Preference for utilities was expressed.
Comment that design may be premature since the easements have not be acquired.
The City Manager confirmed that the portion of the road improvements from Heath Street to Waddell Way is new construction. He further advised
that the right-of-way has not be secured from Mr. Waddell. It is included in the appropriation for design so that there is authorization for design. He
reported that the spirit behind this request is in part due to the MOU with the Homer Hockey Association with regard to the Ice Rink facility. He
stated that this was a platted road at one time and was vacated.
LADD/STARK - MOVED TO AMEND TO ADOPT THE ALTERNATE PLAN.
Mayor Cushing clarified that the alternative is on the table, however, is still a rather large project compared to how he is thinking.
Motion was withdrawn.
It was clarified that what is on the floor is the design for only the road improvements for Waddell Way and Grubstake, no water and sewer design is
included in this figure. Another Ordinance will be presented to allocate funds for the water and sewer from the Homer Accelerated Water and Sewer
Program (HAWSP).
Public Works Director elucidated the project cost development, proposed use of HARP and possible property owner participation.
Discussion ensued.
Mayor Cushing, although very much in favor of the full project, suggested that a modification to the project would be to do the portion from Lake
Street west to provide access for the Ice Rink Facility. He suggested that the water could just come over from Lake Street as well, as depicted in the alternate.
There appeared to be a general agreement that designing the alternate does not preclude the rest of the project, which can be done when there is more
information. Council encouraged contact with the property owners to ascertain their participation. There was concern if the federal funding request
would be affected by the City designing the project. Council asked how much cost it would add to the project if the storm water system were designed
at a later date? Council asked if the pedestrian easements/corridors were to be included in the project and, if not, what are the associated costs to add
the pedestrian corridors? Council indicated that they wanted to start this project right.
Mayor Cushing responded that federal funding will be for those portions of the project that the City does not have the capacity to fund.
Discussion ensued.
FENSKE/LADD - POSTPONE TO NEXT MEETING AND HAVE COSTS FOR WATER AND SEWER INVOLVED IN THIS AND POSSIBLY
HAVE THE OPPORTUNITY TO TALK TO LAND OWNERS. (Originally stated as: Amend the motion to postpone it till next meeting, and at that
time see what the cost of water and sewer is that goes along with this and also maybe we'll have further information as to whether or not there are
participants such as Waddells). (Next meeting is Monday, March 22, 2004.)
Councilmember Ladd asked if the costs could be provided regarding the construction of Grubstake up from Waddell Way instead of Grubstake cutting
across to Heath Street as well as the cost of the total package?
Mayor Cushing voiced his curiosity regarding the costs of a pedestrian easement between the private property and the postal service property.
VOTE:(postponement) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
CITY MANAGER'S REPORT
A. City Manager's Report. (Updates/Follow up; March Employee Anniversaries - Barbara Garcia PWD 14 years, Steve Bambikidis Systems Manager
4 years, Matt Clarke P/H 3 years and Mitch Hrachiar PWD 3 years; Fire Department Memo on budget and capital needs; Public Works Department
memo on budget and capital priorities; KPB Mayor Bagley letter on EMS Contract; 2004 Services Survey for the 2004 Census re: Homer Homeless
Youth; DNR Notice of Oil and Gas lease sale in Cook Inlet; Governor's Draft B. Budget; Letter from SPH CEO Charlie Franz, Re: Rural Healthcare;
and Port/Harbor memo Re: Spit Parking and Land Allocation.)
City Manager Wrede elaborated on the Animal Shelter project costs, reported on fund raising, grant applications and that there is an MOU being
worked on that is similar to the one with the Library and Homer Hockey Association. This MOU will clearly lay out the responsibility of the City and
the HAF and SOS. There is a lot of energy for this project. He advised the Council that it may well take Council commitment to front the money to
build this shelter that animals and staff will be in during the winter. He shared his hope that the funds can be raised without having to go to the voters
for bonds.
Desire to expedite the Ice Rink project was voiced, 2006 is creeping up, and yet, there is no desire to give up the City standards.
City Manager Wrede advised that the Planning Commission is working with the Hockey Association and is committed to ensuring an aesthetically
pleasing building that meets the design standards, even though not in place.
There was some mention of the letter from the Fire Chief regarding equipment needs and a request for cost estimates. Beds and the ladder truck were
mentioned.
The latest proposal on the Ice Rink was discussed, from pavilion to fully closed in.
Mayor Cushing emphasized that a pavilion style is sufficient, voiced his preference for pavilion style and that any areas that need to be close in for the
Arctic Winter games can be done with a blue tarp as was done in the 2004 Arctic Winter Games in Alberta. He commented about the north side and
half of two insides closed and then south side and half of the inside open.
There was some discussion about phasing the project.
City Manager Wrede responded to Council inquiry that he believed the Emergency Management/911 Contract would require Council action in the
future.
Councilmember Stark voiced objection to the attached phone fee for 911 service.
B. Bid Report, Game Report.
Mayor Cushing noted that the Bid out right now is for the dredge spoils.
COMMITTEE REPORT
A. Road Standards Committee.
Councilmember Yourkowski gave a brief report on the status of the Transportation Study review and that Memorandum 04-38 was also reviewed.
B. Town Center Development Committee. January 22, 2004 notes.
Councilmember Novak gave a brief report that the Committee discussed possible ideas for the development of the town center and open spaces in and
around the town center. Other ideas included the pedestrian pathways and the general plan and time lines.
PENDING BUSINESS
NEW BUSINESS
A. Memorandum 04-38, from Public Works Director, Re: HARP Funds for Repaving Roads.
Recommendation: Expend an amount "not to exceed" $500,000.00 this fiscal year from the Homer Accelerated Roads Program (HARP) for the
design & construction to include grinding up the existing asphalt and repave the streets as identified on spread sheet two. Costs are estimated:
Bayview Avenue - $51,180.71; Ben Walters Lane - $76,812.54. Kachemak Way - $69,239.50. Main Street - $68,074.42; Rochelle Road -
$39,063.84. New Pave Heath Street from Pioneer Avenue to Homer High School - $17,973.09.
FENSKE/LADD - MOVED FOR THE APPROVAL OF THE RECOMMENDATIONS OF MEMORANDUM 04-38.
Council asked for explanation on and clarification of the costs, noting that the costs total $408,000.00, but Council is being asked for up to
$500,000.00. Council also asked what including pedestrian pathways and sidewalks would cost. Council stated that they wanted the HARP used for
the highest and best use. It was noted that the Road Standards Committee implied that every roadway that gets repaved should have a
sidewalk/pedestrian pathway.
City Manager Wrede reported that there was discussion on whether or not it would actually be appropriate to include new sidewalks into a
rehabilitation project. The decision was made that the asphalt could be made wider and then striped for a bike lane or pedestrian corridor.
Councilmember Yourkowski and Road Standards Committee member reported that the Committee discussed pedestrian issues at length and decided
that just by adding two feet and restriping this would provide a 3.5 foot to 4 foot (with the stripe) pathway. He relayed his hope that a cost estimate
would have been included for tonight. He also asked for information on which streets it would be feasible to do the widening and restriping
Support was voiced for the information requested by Councilmember Yourkowski. Concern was expressed that the widening has to be more than just
two feet, that there needs to be more separation between pedestrians and vehicular traffic.
STARK/FENSKE - MOVED TO POSTPONE MEMORANDUM 04-38 TO NEXT MEETING. (March 22, 2004)
There was no discussion.
VOTE: (postponement) YES: NON OBJECTION UNANIMOUS CONSENT.
Motion carried.
Mayor Cushing recessed the meeting at 10:59 p.m., reconvening the meeting at 11:05 p.m.
B. (Added) AML request for endorsement letter regarding the state fiscal plan. (addition)
The letter reads as follows:
Last October, the undersigned business, civic and trade associations representing hundreds of Alaskan companies and organizations, and tens of
thousands of Alaskan workers wrote to encourage the Legislature to address the state's structural fiscal imbalance this year. Since then a number of
additional groups, from the Alaska League of Women Voters to the Alaska Builders and Contractors have signed on, and grassroots efforts in support
of a long-term fiscal plan are growing.
Although some progress is being made, our concerns remain unabated.
The recent Conference of Alaskans identified various solutions to our current situation. In fact, the Conference set forth many of the same policy
positions enumerated in our prior letter to you on this subject. Clearly there is growing support among Alaskans for resolution of this issue.
Although many different approaches are being debated, we believe Alaskans are unified in their assessment of the problem. Everyday more and more
Alaskans are coming to understand the negative effect fiscal uncertainty is having on Alaska's quality of life, investment climate, economy and job
market. Despite the temporary good fortune of higher than expected oil prices, we must take decisive action now.
We, a broad representation of the Alaskan people, encourage the Legislature to incorporate elements of the Conference's resolutions into a fiscal package that will pass this session.
We remain eager to support your efforts during the balance of the session. The need for leadership, cooperation and consensus is vital. Nothing less
than the economy and the future of Alaska are at stake.
STARK/FENSKE - MOVED TO APPROVE THE LETTER AND THAT THE MAYOR SIGN IT.
Mayor Cushing asked that the notation be included that the Mayor and the Council approved/endorsed this letter.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
RESOLUTIONS
A. Resolution 04-24, Of the City Council Approving the City of Homer 2004 Land Allocation Plan. Mayor and Council.
FENSKE/BECK - MOVED FOR THE ADOPTION OF RESOLUTION 04-24.
There was no discussion.
FENSKE/BECK - MOVED TO POSTPONE TO NEXT MEETING. (March 22, 2004)
There was no discussion.
VOTE: (postponement) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B Resolution 04-25, Of the City Council Revising the Property Management Policy and Procedures Manual, as Provided for by the Homer City Code, Section 18.08.160(b) City Manager.
Memorandum 04-39, from City Manager, as backup. Revised backup since February 23, 2004 Council meeting.
FENSKE/YOURKOWSKI - MOVED FOR THE ADOPTION OF RESOLUTION 04-25 BY READING OF TITLE.
There was no discussion.
LADD/NOVAK - MOVED TO POSTPONE THIS TILL TWO MEETINGS. (April 12, 2004.)
City Manager Wrede responded to Council inquiry that the main thing being held up is the RFP process.
VOTE: (postponement) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Resolution 04-29, Of the City Council of Homer, Alaska Endorsing House Bill 431, a Proposed Municipal Dividend Program. Stark
STARK/BECK - MOVED TO ADOPT RESOLUTION 04-29 BY READING OF TITLE.
It was noted that this represents $1.25 million per year and that the City can certainly use this money. There is a public hearing at 8 a.m. tomorrow,
March 9th, at the LIO.
Mayor Cushing voiced his support.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
COMMENTS OF THE AUDIENCE
Audience comments upon any matter.
Frank Griswold stated that he would like to address Councilmember Ladd's abstention to vote on Ordinance 04-11, emphasizing that he does not have
any real strong feelings, personally, about the box store issue, but does have strong feelings about proper Council conduct in government, in general.
He advised that the point of order he tried to bring to the Council's attention is Homer City Code (HCC) 1.24.040(j) which addresses abstentions and
says, "All Councilmembers present shall vote unless abstention is required by law." He added that the HCC 1.24.040(j) sites Alaska Statute
29.20.160(d) and that the Homer Code discusses participation and treats Boardmembers and Commissioners different than Council people,
interjecting that it probably should be worked on. HCC 1.12.070 says, "Voting members of Boards or Commissions shall disclose any financial interest
in any matter before the board or commission before debating or voting upon the matter." He pointed out that, as far as he knows, there is no similar
requirement for a Councilmember except the Mayor is required to make a determination if there is a conflict of interest. He suggested that it stands to
reason that in making that determination a Councilman would disclose any financial interest, which was not done tonight. He voiced his opinion that
no one really thinks Councilmember Ladd has a financial interest in this, but that it is required to be stated whether he, his wife or any member of his
family stands to gain or lose three hundred dollars as a result of, or a motivation for doing his petition, or whatever. He expressed his thought that the
issue here, it sounds like, is not so much financial, but a matter of an appearance of propriety and an issue of bias. Mr. Griswold commented that HCC
21.68.100 deals with appeals and, more specifically, ex parte contacts and says, "Planning Commission and Board of Adjustment members shall be
impartial in all appeal matters both in fact and appearance." He emphasized that this is not an appeal matter and the standard is probably quite a bit
less, however, some impartiality on the part of a Councilmember is expected by the public. He advised the Council that if the members of the public
think the Council have already made up their minds before a public hearing then the public has been disenfranchised, will stay home and that is not
healthy for a democratic government. Therefore, he pointed out, even though issues regarding the appearance of impropriety and bias are not
specifically dealt with in HCC, they have been addressed by the Alaska Supreme Court. He told the Council that the Alaska Supreme Court has ruled
that it will overturn a legislative enactment that is the product of bias or ill motive and has also said on several occasions that it discourages the
appearance of impropriety as well as impropriety. He asserted that one indication that a Councilmember has completely made up his mind, that he has
already decided how he is going to vote and is hopelessly biased is if he takes some sort of overt action, to further a cause of his cause. He further
asserted that in this case going out and getting petitions is such an overt action and that destroying a petition is not destroying the underlying
appearance of bias or appearance of impropriety. Mr. Griswold reasoned that abstention for bias, in this case, would be supportable by the Alaska
Statutes, but that he really thinks the Council ought to get an Attorney opinion on it. He voiced his thought that Councilmember Ladd is required to
vote or abstain and that a reconsideration would be in order so that after they get the attorney opinion they can vote properly, otherwise someone is
going to jump on this. He addressed his earlier criticism of the zoning ordinance, but does not want anyone to think that he has given up on it. He
emphasized that he has a whole bunch of suggestions on how to fix it; that he does not just come and say, this is bad, this is bad, this is bad and that he
has made over one hundred suggestions on how to fix this ordinance and make, at least, this text more readable and more presentable. He offered to
provided this to the City Manager or any body else who will do something good with it. He concluded with an idea that could possible resolve some
of the City's zoning violation problems and fund the Animal Shelter at the same time: Deputize Sherry Bess as a zoning enforcement officer and while
she is out looking for stray dogs she could find and site zoning violations. Half of the proceeds from the fines could be dedicated to the Animal
Shelter. At $300 per day per violation the City should get that $500,000.00 in no time.
Larry Slone commented about being critical of the work of the Planning Commission with regards to the wholesale and retail building standards that
they passed onto the Council. He said that he still agrees that it is a flawed document; however, also agrees with the comments that several of the
Council have made that it is a work in progress and, although it is a complex document, it does have to go through these various sculpturing processes
in order to be refined. He stated that he, in no means, meant to criticize the work by the done Planning Commission, that he did not mean to deprecate
them, at all, that they have done a fine job in the time allotted to them. He noted that the Planning Commission has held 26 worksessions, 18 regular
meetings and 1 special meeting to work on these standards in addition to all the other work they did. He reiterated that there are varying levels of
refining that have to be gone through, now through the public hearing process again, and that through these levels of refining and filtering this should
come out a good document. He wished the Council good luck and thanked them.
Debra Germano, School Boardmember, thanked the Council for their support for education and that she appreciates their supporting Resolution. She
reported that the House, tonight, passed a Bill, actually a Senate Bill, to put $84.5 million in education at a 36/0 vote. She commented that the sale
looks like it was for mini grants for rural Alaska for mini capital projects. She voiced her happiness at seeing this happening and progressing and that
she just wanted to stop by and say thanks.
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 had no comment.
FENSKE/YOURKOWSKI - MOVED FOR THE RECONSIDERATION OF ORDINANCE 04-11.
Councilmember Fenske stated that if Council provides Mr. Ladd the opportunity to abstain, that base will be covered and maybe help with any other
perceived impropriety that there may have been with how this was handled.
VOTE: (reconsideration) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Councilmember Ladd stated that he would like to formally recuse himself from the whole schmeer from now until the Council concludes this as a Council.
Mayor Cushing inquired if Mr. Ladd wishes to abstain until there is a ruling from the City Attorney.
Mr. Ladd confirmed and voiced concern that he did not want to cause any problems with this process at all. If there is one Councilmember here, that
feels any ill will with what he did that it is absolutely necessary that he abstains and that it will bring too much ill will toward the entire Council.
Mayor Cushing reiterated that a ruling will be requested from the City Attorney for the next meeting and that Mr. Ladd can make up his mind based
on the Attorney's ruling.
Mr. Ladd excused himself from the table.
There was no further discussion.
REVOTE: (Ordinance 04-11 main motion) YES: NON OBJECTION. UNANIMOUS CONSENT.
ABSTAIN: LADD.
Motion carried.
COMMENTS OF THE MAYOR
Mayor Cushing thanked the Council for their deliberations over the ice facility. He reported that the Borough sent several delegates to the Arctic
Winter Games in Canada and that he will let the media talk to the athletes first, because there were ten Homer athletes and four coaches, 1600 kids
from the varied circum polar areas, with coaches. He advised that it was estimated that there were 5,000 spectators, the hotels were full, the schools
were shut and the town as placed on hold for the events. He advised the Council that he has promised a number of folks that he would ask the Council
if they would be interested in passing an ordinance against feeding eagles in town. He apprized the Council of some of the problems with eagles
attacking dogs etcetera.
Councilmember input:
Councilmember Fenske stated that he thought this was against state law.
Mayor Cushing relayed that those who have contacted him have been told at the federal and state levels that they are not going to address this, adding
that he would prefer the federal or state levels to handle this. He voiced his personal opinion for a minimal feeding program such as the traditional one.
Councilmember Novak stated that the feeding of eagles should be allowed on the Spit as it has always been, but the feeding of eagles around town
should not be promoted. There is a natural balance to nature.
Councilmember Yourkowski stated that feeding the eagles on the Spit is not natural and that he was not sure Council could limit this any where else.
Councilmember Stark stated that he is against feeding eagles and against passing laws regarding that.
Councilmember Ladd recalled a hard winter when people were feeding moose and getting chased and when a bear got in the back of Tim Daugharty's
truck to eat Tim's sack lunch. He noted that these situations are a result of humans doing what they should not be doing. He recalled that Fish and
Game and those tasked with dealing with these situations handled the situation and that this is the direction he would like to go with the eagles.
Councilmember Beck voiced agreement with Councilmember Ladd, that Fish and Game and/or Fish and Wildlife should be contacted and asked to
take a stand about feeding all wildlife in the community.
Mayor Cushing stated that he and/or the City Manager would forward these comments to Fish and Game and Fish and Wildlife for a first step and see
what they say.
Mayor Cushing relayed his son's comment that he felt it important that everyone understands the economic ramifications of having co curricular or
not. He emphasized the economic impact if there are no schools, no sports, no bus loads of kids and no parents coming to town.
COMMENTS OF THE CITY COUNCIL
Councilmember Stark stated that he hates to see the honorable Mr. Ladd try to totally avoid Ordinance 04-11 and if he is successful he wants to see
how he can get in on it too as probably most of the members of the Council would also. He stated that he does think that it is important that the
Council pass some version of this Ordinance. He noted that tonight they got the short hand version of the nastiness of some people and, like the
editorial in the Tribune, that is counter productive and that he does not think any of the Council looks forward to that in the next five weeks.
Councilmember Novak commented that he knows people come to Alaska to see the animals and like to see eagles, as all do, but there should be a sign: "Don't feed the animals." This has clearly created an issue with the eagles and is not frivolous and should be taken seriously.
Mayor Cushing interjected, just like on the construction of the pipe line, a fed wolf was a dead wolf. He stated that it was great in the summertime,
great photos, but in the winter the wolves were still there, were in the way of snow plows and sand trucks, and that there ended up being dead wolves
all over the place.
Councilmember Yourkowski, with regard to nastiness by the public, clarified that the comments were about Councilmember Ladd's impropriety, that
the public were irritated about the perception of being disenfranchised, that the public wants this process to be above board and their comments taken
seriously. He stated that he did not see any nastiness.
Councilmember Ladd voiced appreciation for Deb Germano, School board member, coming to the Council meeting and telling the Council what the House and Senate are up to. He commented on the Borough special election ballot regarding co curricular, which is academics also. He emphasized that there is a direct correlation between how a child performs in academics with the activity program. He voiced his opinion that every child in school deserves this opportunity. He voiced his hope that this is taken seriously by the public and support this aspect of the education program.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 11:42 p.m. The next Regular Meeting is scheduled for Monday, March 22, 2004 at 7 p.m. The next Committee of the Whole meeting is scheduled for Monday, March 22, 2004 at 4 p.m. A worksession on the Long Range Fiscal Plan is scheduled for Monday, March 22, 2004 at 9 a.m. The meetings are scheduled to be held in the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.
_____________________________________
MARY L. CALHOUN, CMC, CITY CLERK
Approved: _______________
clerk@ci.homer.ak.us, 235-3130, home number 235-2843.
1. Is actually 21.32.035
2. Actually reads: Native plant communities
3. Chapter 1. Lease Policies/Goals, Purpose and Responsibility.
4. Initiative Petition being circulated to limit the footprint size of buildings used primarily for retail and wholesale business in the central business district, general commercial 1 and 2 districts to 66 square feet.