Session 03-06, a Regular Meeting of the Homer City Council was called to order at 7:34 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 4:00 p.m. to 6:00 p.m. There was a joint session with the Planning
Department and the Planning and the Port/Harbor Commissions Regarding Ordinance 03-09, Of the City Council of the
City of Homer, Alaska, Amending the Homer City Zoning Map to Zone Portions of the Annexed Area Identified as Study
Area #8 Per Attached Exhibit A. To clarify a course of action to be taken and time to clarify that action andOrdinance
03-15, Of the City Council of the City of Homer, Alaska, Amending the Homer City Zoning Map to Rezone Portions of the
Marine Industrial District (MI) to Marine Commercial District (MC); the Committee of the Whole also meet regarding the
Regular Meeting Agenda items. An additional letter, memo and map with land ownership were received
regardingOrdinance 03-15.
PRESENT: COUNCILMEMBERS: BECK, FENSKE, KRANICH, LADD, STARK.
STAFF: CITY MANAGER WREDE
DEPUTY CITY CLERK BENSON
FINANCE DIRECTOR BAUGH
FIRE CHIEF PAINTER
PORT/HARBOR DIRECTOR ABBOTT
PUBLIC WORKS DIRECTOR MEYER
SERGEANT HUTT
ABSENT: COUNCILMEMBER: YOURKOWSKI (excused)
AGENDA APPROVAL
(Addition of items to or removing items from the agenda will be by unanimous consent of the Council. HCC 1.24.040.)
The agenda was approved by consensus of the Council with the following changes: Consent Agenda - Memorandum 03-27 should be 03-37 and Memorandum 03-28 should be 03-38, Substitute Resolution 03-35(S) creating the Salt Water Drive and Substitute Resolution 03-36(S) awarding the fire station garage doors to SBS. Staff recommends pulling Ordinance 03-17 off the agenda. Additional information requested by Councilmember Kranich pertaining to Resolution 03-40, pulled -Resolutions 46 and 47. To Announcements - Recognition of Nami Sato.
Resolutions - Memorandum requested by Councilmember Stark dated January 23, 2003 pertaining to Resolution 03-43. Ordinances - Memorandum 03-39, from Planning regarding overlay for study area 1.
Exchange student.
Resolution 03-43.
Memo 03-39 reg overlay for study area 1.
Staff recommend Resolution 03-40 pulled from agenda.
The Council approved the presentation to Nami Sato at this time.
Mayor Cushing read the statement on behalf of the Council, Certificate of Recognition.
Councilmember John Fenske asked what she found most interesting in her visit here. Ms. Sato said she received a lot of presents on Christmas Day. She stated in Japan she cannot get presents, as she is too old. Like a child, she received a lot of presents and that made her very happy. Ms. Sato said there is no college in Teshio, with no draw of having a college there. She will be leaving the area after high school and doesn't think she will return to Teshio. She wants to go to lots of places and countries, such as Australia to learn some more English. Councilmember Stark stated that she was going to be an ambassador.
Ms. Sato took a seat for a photo with the council.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Public Comments on matters on the agenda with the exclusion of Visitor - Homer Foundation Report and Public Hearing
on Ordinance 03-14 and 03-16(S).
Mark McManus, from the Coast Guard Marine Safety Detachment in Kenai, Alaska appeared. He said the primary
missions are marine safety of the area of Kenai and Nikiski, down to Homer. They do vessel inspections, pollution
response, and casualty investigations. Fifty percent of their work is in the Homer area. Items on the agenda are port
security and interaction with the Coast Guard, specifically Bill Abbott's office, the Homer harbor. He wanted to give
background to that and answer questions regarding those issues. He gave a brief overview of things the Coast Guard has
done since 9/11, specifically in the state of Alaska in the local area. The Sea Marshall program is armed Coast Guard
members placed on ships. The Coast Guard boards with the pilot in Kachemak Bay and ride the ship up Cook Inlet to
Nikiski or Anchorage. They are doing that here and on the cruise ships, and Homer is getting more cruise ships. He just
read in the paper that we took in ten more reservists on a Title 10 recall. Their primary job is the Sea Marshall program.
There is a permanent security zone around the L&G Ships. The security zone is a 500 yard zone around the vessel. It
begins once the vessel takes on the pilot in Kachemak Bay, all the way inbound at the dock in Nikiski and outbound. Some
are affected here as the ships do transit in and about Kachemak Bay when they take the pilot on. Another thing worked on
is terminal security measures for cruise ships. Homer harbor just submitted their final revision of that two weeks ago. It
looks real good and there should be an approval on that plan in the next couple weeks. There is a plan specifically for when
cruise ships are in at the dock. The regulations came out and are listed in a Navigation and Vessel Inspection, Circular 9
02. It requires all ports to enact port security committees. This recent regulation came out late last fall requiring port
security committees for all ports. Their office is putting together a committee for both Nikiski and Homer. That is the
reason for the one agenda item designating some representatives from the Port/Harbor Commission for that committee.
The purpose of the committee is to address security issues at the port. It's a three pronged approach. The first thing is
putting the committee together. The committee has to meet regularly and will first do a port risk assessment. They will
need to identify the risk in the port, based on security issues. The next step would be putting together a port security plan.
The plan is due in one year, the winter of next year. The Coast Guard chairs the committee. Typically the Harbor Master
and the local police would be on the committee. They have worked with Mark Robl already, the Alaska Marine Highway,
and the facilities in the area. They have spoken with officials from Petro Marine and other local law enforcement. The
National Marine Fisheries have a water patrol here. These are the type of entities that would be part of this committee. The
Coast Guard fully supports the City Council designating members for the committee. He briefly mentioned the grant
application package on the agenda. The harbor has worked a great deal to get physical security improvements at the
terminals where the cruise ships call. This is a physical upgrade where the grant is put together. The grant was due
February 28th and Homer submitted their packet on time. The final word will come out in May. The grant is in the review
process right now. The grant is for fiscal upgrades for gates at the dock to help ensure security measures of access control
at the dock. Mr. McManus asked if there were questions.
Mayor Cushing asked if the City is allowed to say who the local reservist is. The newspaper said there was a local person.
Mr. McManus stated he does not know who the reservist from Homer is, will be working out of the Anchorage office, and is in training at this time.
Councilmember Beck asked if there were any requirements for the port security plan and if the committee has a format of things that they need to address.
Mr. McManus said it was left pretty open. He can get a copy of what the regulations state. The first step would be to look
at the risk and try to determine what steps to take at certain levels. It is identical to the yellow, orange, and red security
threat indicators from the Homeland Security. It enacts certain measures based on the threat. The regulations are drafted
for ports ranging from the size of New York City to Homer and leaves it up to the committee to determine those measures.
Councilmember Ladd said that a port like Homer, much like Seward and Whittier, although small ports, are key and critical to the Port of Anchorage. Eighty percent of the necessary supplies that are needed by the rail belt and Anchorage come in through that port. He asked what kind of coordination activity is taking place to coordinate our plan for security here with the wider picture of Homeland Security for the state with General Johnson?
Mr. McManus said his boss is the captain of the port in Anchorage. He is in charge of the whole zone of western Alaska,
everything from Prince William Sound west. That includes Whittier, Seward, Homer, Dutch Harbor, and Kodiak. The
plan in theory will become part of a family of larger plans. The plans for Homer, Nikiski and Seward will fall under an
umbrella plan that will be drafted for all of western Alaska. It will be done by superiors in Anchorage. That will become
part of a state wide plan. It sounds good, but it will be a difficult process.
Councilmember Ladd said sometimes it is easier if it comes from the top down rather than from the bottom up. The
military and Homeland Security is not a democracy. He would think there would be an overall picture that we have to
mesh into.
Mr. McManus said we have an example of a plan to work with. They give us an outline to start, with some direction.
Councilmember Kranich said he noticed in the grant application that we have applied for grants for security gates on the
deepwater piers, all three that are out there. He questioned what kind of consideration had been given for security on the
area where Roanoke ties, or were we going to keep her out to sea?
Mr. McManus said the Roanoke had not been addressed. He stated it was a Coast Guard issue submitted by the Port of
Homer specifically using the cruise ship calls as the primary reason to get the funds. He indicated the buoy tender may get
lucky in the whole thing.
Mayor Cushing thanked Mark McManus for speaking with the City Council.
Frank Griswold, a city resident, said that he would like to talk about corrections to the minutes. Most of what he learned
from the last meeting was Ray Steiner's plans for a Spit lot. Information came from comments made by Councilman John
Fenske who identified specifically what his plans were for that lot. The number of units, construction deadlines, and what
they were going to be used for were stated. He gave his opinion that the City may be condemning his property or depriving
him of a property right. He expressed an opinion that this was not a case of fiscal or commercial zoning. He would like to
see those comments included in the record verbatim, if possible. He is also requesting seven or eight corrections on his
testimony. He asked if he should deal with the clerk directly.
Mayor Cushing told Mr. Griswold to deal with the clerk directly. He told him that the clerk could take a look at what he
felt he said and then check it with the tapes. He said if there were any problems they would get back to you.
Mr. Griswold said it wouldn't be necessary to listen to the tapes as it was all from his written testimony, of which a copy
was provided to the clerk. He read from written statement into the record and there were seven to eight corrections. The
other item is Ordinance 03-09, the re-zoning of the golden triangle. He would like to reiterate comments from the work
session. He said for the record he had wished the Comprehensive Plan had been revised first. Not only could the four and
a half acres that has been added to Homer be dealt with, but adding that area also affects the other land because now there
may be more GC1 and that would affect other areas. He also said that base data, if going with GC1 and grandfather uses,
he thinks that there should be some expedited method for those that were not recognized by the Planning Commission as
having non-conforming uses. They should be allowed to prove their non-conforming status. There may be an amendment
to that fact and any properties not already recognized by Bill Smith's informal study and to have thirty days to establish
their non-conforming status. The final thing was the records request that Mr. Griswold made. He stated he was treated
very graciously at City Hall when he went in to ask about this, and is grateful that his request seems to be slated for
approval. He would like to point out that the $10,000 zoning study was a public record which remains public, and should
remain public subject to disclosure even if it is relevant to litigation. That's in HCC180055. Some of the reasons given for
making this confidential in the first place was that it might put zoning code violators in an adverse position with the City.
He said that was not a valid reason to make something confidential. He said the fact that they are violating the city zoning
code indicates that they are in an adversarial position already, and making that public may help the City attain abatement.
Mr. Griswold stated that he had suggested that as one method the City could use when revising the zoning code. He said
there was no reason to make it confidential in the first place. If it was deemed confidential, the specific provision of
applicable state, federal or municipal law that exempts public disclosure should have been identified according to
HCC1.80.060 and that was never done. Finally, he first sought this information, not realizing it was confidential and wrote
the Planning Department and asked for the information. He was told over the phone that they didn't have these records
anymore, the zoning study had been destroyed, along with boxes and boxes of other records by a previous Planning
Director. He cited that HC21030020E provides that the Planning Director shall "maintain records of all activity related to
Chapters 21.28 through 21.070." He thinks that some investigation should take place to the destruction of records and steps
should be taken to prevent this sort of activity to happen in the future.
Mayor Cushing questioned Mr. Griswold if it was his understanding that it was safe to say that Eileen Bechtol had not
destroyed records. Mayor Cushing stated he didn't think Eileen destroyed any records.
Mr. Griswold stated he was told "a Planning Director" destroyed the records.
Larry Slone, a city resident had a couple of items to refer to. What Mr. Griswold referred to, Memorandum 3-35, the
release of the 1999 $10,000 zoning violation survey, concur with him as long as administration and the City Attorney have
signed off on it. He believes that the Council should do the same thing and that Mr. Griswold indicated the City Code
Section 1.80.055 litigation disclosure saying that a public record is still liable to the public for access even though it may be
in litigation. Mr. Slone said by acceding to Mr. Griswold's request in a sense you are sending a message of accommodation
to the general public that you are willing to accommodate their desires and needs with respect to access to public records.
He said this was important in light of the recent acrimonious disputes with regard to the annexation issue. The other item
for mention is under consent agenda Resolution 3-34 referring to the bid for construction of the one million gallon water
reservoir. He supports the awarding of the bid to T. Bailey, Inc. It is understood that this will cost the City about 1.2
million dollars, yet there is 2.2 million dollars allocated in the fund between the ADEC grant and the monies that the City
has appropriated. Consequently we have about another million dollars to work with and Mr. Carey, who he spoke to about
this, suggested that it would probably be applied towards the upgrading of the high maintenance water mains and also the
pressure relief valves. He thinks that would be a good use of the funds. It would probably bring the City water systems up
to the prevailing standards for the needs of the growing public for perhaps the next twenty years. He said Mr. Fenske
indicated that he had some information that there may be as many as 50,000 people in this area in the next twenty years. A
viable water system will be important to the City in the future. In regard to the issue of a water reservoir, under Resolution
03-43, authorizing expenditure of one percent for art work, the water reservoir is going to be in a watershed area in an
obscure location, buffered by a row of trees. It will not be visible by the general public. If one percent of the cost is
applied it will be $12,000. The facility would not lend itself to an artistic application. Mr. Sloan stated that Mr. Carey
again has suggested that a sign be put up in the general vicinity of it for a cost of about $5,000 and perhaps the remaining
$7,000 could be applied to an artistic appearance fund to be applied at a later time to other facilities within the downtown
area that might be more prominent and have offensive nature by their appearance. He would suggest and recommend that
also.
Dr. Bill Marley, a city resident, has four parcels of property in a subdivision called Binocular Bluff where a productive
creek runs through. The road is Saltwater Drive and the Saltwater Drive LID is underway. It is for sewer and water
improvements and dovetails into the hillside sewer and water improvement district. It offers a hopeful reduction in costs by
having one contract to develop both areas. He stated that Homer needs sewer and water in great numbers and parts of the
City. A few years ago in the fall, when the bacterial count should be down, a water sample was taken out of the Bidarka
Creek and showed three times the bacterial count from the state of Alaska on the salt water test. They said it was three
times that amount which would be appropriate for recreational use. While it is understood the coliform bacteria can come
from animals, other than humans, it has to be an indicative and irrelevant thing. As the community grows and develops,
these become relative things. Fifty-seven percent of the value of property owners are supporting the petition. His family
has owned the property for at least thirty years. He stated if all the stars were lined up for something to happen, this would
be it. With the hillside group going through and getting financing at two and a half percent for twenty years, it would be
like a gift. He said we would hope to be somewhere in that vicinity for the Saltwater Drive group. He really hopes that the
City Council will be unanimous in support. Dr. Marley stated it would be in the interest of us, the hillside district and
community to see that it happens. He appreciates the members here, the time it takes, and looks for support.
Jackie Eisenberg, a resident on Saltwater Drive and a property owner appeared. She received the information sent out by
Dr. Marley. She is happy with both the water and the $20,000 mound septic system that she had installed two or three
months ago. She knows the Marley's are in favor of the Salt Water Drive LID, but she herself is not in favor. She has
talked with her neighbors who live on Salt Water Drive and the general consensus between people is if it could be put
through for a reasonable amount they would be in favor. She stated there have been a lot of different numbers, $21,000
now and before it was $27,000. She has seen memos in Public Works up in the $32,000 range. She remembers back when
everything first went out to all the different districts and the Salt Water Drive area was so much higher, nearly twice as
much as the other districts. Ms. Eisenberg stated that is probably why it failed and she didn't vote for it. The overall price
seemed exceptionally high. The numbers she calculated, taking into effect the parcels in the district that are exempt,
increases the rest of the homeowners to $29,000. As a resident who does live on Salt Water Drive, she is happy with the
system she has now. Her neighbors have a good functioning system. The gentleman that just bought the lot across the
street from her just put in a brand new system, as he just built a new log cabin. She states she is not in favor of the LID and
just wanted to speak out and let it be known.
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 Fenske requests Item B and I pulled. He would like to have Item H Resolution 03-39 for discussion.
Councilmember Stark requests Item J for discussion.
Councilmember Kranich requests Item D and F for discussion.
A. Homer City Council unapproved meeting minutes of February 24, 2003 Regular Meeting. Recommend approval.
B. (pulled under agenda approval) Ordinance 03-17, Of The City Council of Homer, Alaska, Authorizing the City
Manager to Expend up to $7,000.00 from Account 151-750 For USGC Sediment Study, Camera Platform. Mayor.
Yourkowski. Recommend introduction and public hearing and second reading on March 24, 2003.
C. Resolution 03-34, Of the City Council of Homer, Alaska Awarding the Bid for Water Storage Improvements for the Construction of a 1.0 Million Gallon Storage Reservoir to the Firm of T. Bailey Inc. of Anacortes, Washington in the Amount of $1,257,038.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk. Recommend adoption.
Memorandum 03-38, from Public Works as backup.
D. (Substitute approved) Resolution 03-35(S), Of the City Council of the City of Homer Finding the Need to Create the
Saltwater Drive Water and Sewer Improvement/Assessment District and Setting the Date for Public Hearing as April 14,
2003. City Clerk. Recommend adoption.
Moved to Resolution
E. (Substitute if approved under agenda approval) Resolution 03-36(S), Of the City Council of Homer, Alaska Awarding the Bid for the Fire Station Garage Door Replacement to the Firm of Spenard Builder's Supply of Homer, Alaska in the Amount of $11,500.00 and Authorizing the City Manager to Execute the Appropriate Documents. HVFD. City Clerk. Recommend adoption.
Memorandum 03-29, from Fire Chief as backup.
F. Resolution 03-37, Of the City Council of Homer, Alaska Repealing Any and All City Action to Rename those Portions of East End Road and Kachemak Bay Drive that are Inside the Homer City Limits. Requested by City Council. Recommend adoption.
Memorandum 03-36, from Planning as backup.
G. Resolution 03-38, Of the Homer City Council Designating Signatories of City Accounts, Superseding Any Previous Resolution so Designating. Finance. City Clerk. Recommend adoption.
H. Resolution 03-39, Of the City Council of Homer, Alaska Authorizing and Supporting Application for a Transportation
Security Administration (TSA), Security Grant in the Amount of $250,000.00 to Fund the Fabrication and Installation of
Security Gates on City Docks and that the City Manager is Authorized to Execute the Appropriate Documents.
Port/Harbor. Recommend adoption.
Memorandum 03-30, from Port/Harbor Director as backup.
I. (pulled by Administration under Agenda Approval) Resolution 03-40, Of the Homer City Council the Assessment Methodology for the Homer Accelerated Water and Sewer Program Districts from Equal Assessments per Parcel to Per Square Footage, Public Works. City Clerk. Recommend adoption.
J. Resolution 03-41, Of the City Council of Homer, Alaska Urging the Legislature to Fund Revenue Sharing and Safe
Communities Funding at the Same Level as FY 2003. Fenske. City Manager. Finance. Recommend adoption.
K. Resolution 03-42, Of the City Council of the City of Homer, Alaska, Requesting FY04 Safe Communities Funding from the Department of Community and Economic Development and Agreeing to Spend Payment as Required by Law. Mayor. Recommend adoption.
L. (Added if approved under agenda approval.) Resolution 03-46, Of the City Council of Homer, Alaska, Encouraging the
State of Alaska to Support the Kachemak Bay Research Reserve by Providing Funding for Basic Facilities Operations and
Core Staff Positions. Mayor. Recommend adoption.
M. (Added if approved under agenda approval.) Resolution 03-47, Of the City Council of Homer, Alaska Authorizing that
Necessary Actions be Taken by the Mayor and of Council to Inform State and Federal Officials of the Importance of the
Homer Ice Rink and other Projects and that an Official Representative(s) of the City Council of Homer, Alaska, Appointed
by the Mayor of Homer, Present Existing and Future Resolutions Requesting Funding to the Alaskan Delegation in
Washington, D.C. Mayor Recommend adoption.
N. Memorandum 03-31, from City Clerk, Re: Liquor License and Restaurant Designation Permit Renewal for Captain Patties' Fish House Inc. Recommend approval and non objection.
O. Memorandum 03-32, from Mayor, Re: Appointment of Port/Harbor Commissioner Mike Disler to the Port Security Committee and Naming Port/Harbor Commission Chair Otto Kilcher and Port/Harbor Commissioner Paul Mackie as Alternates. Recommend confirmation.
Memorandum 03-33, from Port/Harbor Director as backup.
FENSKE/KRANICH - MOVED FOR THE ADOPTION/APPROVAL OF THE RECOMMENDATIONS OF THE
CONSENT AGENDA AS READ.
Councilmember Fenske commented pertaining to the minutes of the last meeting. He hopes the clerk reviews the tapes
because he thinks he has been given more credit for clairvoyance than he possesses. In regard to Item E 03-36, the garage
doors, there has been quite a savings there from the original estimated cost. He thinks we are saving between five to six
thousand dollars. He states that is good and thanks SBS, the local provider.
VOTE: (Except Items D, F, H, I, and J). YES: NON OBJECTION, UNANIMOUS CONSENT.
Motion carried.
VISITORS
A. Homer Foundation report on use of City Appropriation by Joy Steward.
Report.
Joy Steward with the Homer Foundation reads a written report regarding the allocation the city made for the City of Homer
Grants Program that they disbursed:
The City of Homer continues to play an important role in recognizing and supporting Homer's vital non-profit community
through the annual City of Homer Grants Program. The Homer Foundation is pleased to be able to assist in this endeavor
and would like to stress the importance the City's funding plays in helping many of these organizations secure additional
funding. The Homer Foundation would also like to commend the City for keeping to their larger vision of growing the
City of Homer fund with The Homer Foundation as a long term solution to non-profit funding. The City allocated $40,000
to The Homer Foundation in the 2003 budget with $20,000 directed to the City of Homer's fund and $20,000 to be
distributed through the City of Homer Grants Program to support non-profits that serve the residents of Homer.
Applications were received from the Homer Council on the Arts, Bunnell Street Gallery, Homer Senior Citizens, Inc. and
Center for Alaskan Coastal Studies for requests totaling $31,500. All applicants were in compliance with prior year
reporting requirements. As in previous years, the review committee was comprised solely of residents of the City of
Homer. Ann Keffer, who is Chair of the Foundation's Distribution Committee, chaired this review committee and was
joined by fellow foundation trustees Jack Lentfer and Bonnie Jason and community members at large, James Dolma and
Angie Newby. Packets were distributed to the committee a week prior to their review meeting on February 3. Applications
were reviewed based on guidelines and criteria established in conjunction with the City of Homer. In addition to the
$20,000 City allocation, there was $750 available from the City of Homer funds earnings. Following the review, the
committee made their recommendations to the Homer Foundation Board of Trustees requesting that the Foundation
supplement the awards with an additional $2,250 for a total of $23,000. The Board of Trustees agreed and approved the
following awards: $9,000 to the Homer Council on the Arts, $6,000 to Bunnell Street Gallery, $4,000 to Homer Senior
Citizens, Inc., and $4,000 to the Center for Alaskan Coastal Studies. Letters of Agreement have been executed with each
organization and the awards have been distributed. (1)
Ms. Steward stated with new Council members she wanted to be available for questions anytime. The program has changed
with the Pratt Museum getting a line item. If the City wants to review the criteria or process, Ms. Steward wants to make
sure The Homer Foundation is open to that and available at any time.
Mayor Cushing thanked Ms. Steward and asked for questions from the Council. No questions were asked of Ms. Steward.
Ms. Steward stated that The Homer Foundation made a grant commitment to the City Capital Campaign Library Project
and gave kudos to the Council for their support to the project. The Council's support was noted and important to that
decision.
PUBLIC HEARING(S)
A. Ordinance 03-14, Of the City Council of Homer, Alaska Accepting and Appropriating a Grant of $13,500.00 Funded
by the Federal Sport Fish Restoration Act and Matching Funds from the ADFG and ADNR for an ADA Accessible Fish
Cleaning Improvement at the Fishin' Hole and Authorizing the City Manager to Execute the Appropriate Documents.
Port/Harbor. Finance. Clerk. Fiscal Note: Revenue and Expenditure Acct. 151-734. (First Reading 02/24/03, Public
Hearing and Second Reading 03/10/03.)
There was no public testimony.
KRANICH/FENSKE - MOVED FOR THE ADOPTION OF ORDINANCE 03-14 BY READING OF TITLE ONLY FOR
SECOND AND FINAL READING.
Councilmember Kranich commented that it is nice to see the enhancement of the facility where it will be user friendly to the disabled people. He still feels of all of the projects that he has seen with the State of Alaska, especially those that Fish and Game has taken on, it is one of the projects that receives the greatest bang for the buck It's not only for Homer residents, but for people all over south central Alaska utilizing the facility, as well as outsiders. To see it become more user friendly for this user group is going to be an added asset.
VOTE: YES: NON-OBJECTION. UNANIMOUS CONSENT.
Motion carried.
A. Ordinance 03-16(S), Of the City Council of Homer, Alaska, Authorizing the City Manager to use up to $50,000.00
from the Planning Reserve Fund, for Aerial Mapping Services. City Manager. Fiscal Note: Appropriated from and
Expenditure Acct. 151-387. (First Reading 02/24/03, Public Hearing and Second Reading 03/10/03.)
There was no public testimony.
LADD/FENSKE - MOVED FOR THE ADOPTION OF ORDINANCE 03-16(S) BY READING OF TITLE ONLY FOR
SECOND AND FINAL READING.
Councilmember Ladd stated he is glad to see this occurring. The development of maps using the photography of GIS is
extremely important to be familiar with the types of soils we have, the hydrology, and it will help us with our steep slopes
so we can identify where the lots are in relation to the steep slope. It will help us in terms of numerous other planning
activities within the City. This is something that was needed for years and he is glad to see it happening.
Councilmember Kranich asked for clarification. He stated it referred to $50,000, yet on page 40 of the minutes from the
last meeting it referred to $60,000.
Mayor Cushing advised the Council the number is $50,000.
Councilmember Stark stated the funds would come from state and federal monies.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
ORDINANCE(S)
A. Ordinance 02-42(S), Of the City Council of the City of Homer, Alaska Amending the Homer City Zoning Map to
Zone Portions of the Annexed Area Identified as Study Area #1. City Manager. (First Reading 10/14/02, Public Hearing
10/28/02 rescheduled to 11/04/02,Second Reading 11/25/02, postponed to 12/09/02, postponed to 01/27/03, and main
motion as amended and pending amendment postponed to 03/10/03.)
Added under Agenda Approval: Memorandum 03-39, from Planning, Re: The Gateway Overlay and requesting further
postponement.
FENSKE/BECK - MOVED FOR THE ADOPTION OF ORDINANCE 02-42 (S) BY READING OF TITLE FOR
SECOND AND FINAL READING.
YOURKOWSKI/STARK - MOVED TO AMEND ORDINANCE 02-42(S) MAP ON PAGE 467 AND EXCLUDE THE
ZONING DESIGNATIONS ON EXHIBIT B. REPLACE EXHIBIT A AND B WITH MAP ON PAGE 467. (This is the
map dated January 15, 2003 on page 163 of the March 10, 2003 packet. )
Secondary amendment pending: KRANICH/LADD - MOVED TO CHANGE ZONING DISTRICT IN PARCEL 1, 2, 3,
WEST HALF OF 4, 12, 14, 15, 16, AND 21 TO GC1 (General Commercial 1)
Postponement Read: To postpone action on this, remand it back to the Planning Commission till the first meeting in
March for them to bring, to provide the Council with plans for their overlay so it can be incorporated with Study Area One
with this Zoning Decision.
FENSKE/BECK - MOVED THAT WE POSTPONED ACTION ON THIS UNTIL THE SECOND MEETING IN APRIL.
Councilmembers Fenske and Beck discussed overlay and the need to take more time and not be
hasty.
City Manager Wrede asked for clarification from the maker of the motion. Mr. Wrede questioned if the second meeting in
April is for the ordinance here, or for the overlay district or both.
Councilmember Fenske stated it was for the recommendation for the planner which is the Ordinance 010-42, which is
substituted and amended. There is a secondary amendment pending as to the designation of a number of lots.
Councilmember Stark said looking at the time line for an ordinance going through the Planning Commission and then
through the Council setting the public hearings and the various readings, it would not be possible to have a new zone
adopted by the second meeting of April. He would think it would be more like three months from now.
Councilmember Ladd agreed with Mr. Stark. He said it was not realistic to expect the Planning Commission to get his
done in light of the other projects going on. The overlay now for the CBD, the Town Center, the issue of large stores and
the task force will be reporting this month regarding the standards for the impact report for the large stores. A decision as
to Area 1 concerning properties on the north side of the road entering town on the Sterling Highway, where the landowners
had requested GC1 and are identified as rural residential. In order to make a decision he would like to know what the
overlay district is, what it entails and the conditions associated with that district are. If the district is going to extend
beyond area One and down the Sterling Highway, possibly to the intersection of Lake and the Sterling, we will impact
another area of the CBD. There are possible conditions slated there in that district. He sees a lot of work in front of the
City Council and the possibility of addressing the second meeting of April is unrealistic.
Mayor Cushing questioned if the maker of the motion objects to delaying this for a couple months.
City Manager Wrede said it may be too soon to be ready to adopt the ordinance. For final adoption it may be pushing the envelope.
Mayor Cushing asked what the staff would recommend in regard to postponement.
City Manager Wrede suggested a delay of three months.
FENSKE/LADD - MOVED THAT WE POSTPONED ACTION ON THIS UNTIL THE SECOND MEETING IN JUNE.
VOTE: (postponement) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Ordinance 03-03, Of the City Council of the City of Homer, Alaska, Amending the Homer City Zoning Map to Zone Portions of the Annexed Area Identified as Study Area #2 Per Attached Exhibit A. City Manager. (First Reading 01/13/03, Public Hearing 02/24/03, Second Reading 03/10/03).
B.1. Substitute with same title that includes statement regarding compliance with the Comprehensive Plan Statement
STARK/FENSKE - MOVED FOR THE ADOPTION OF ORDINANCE 03-03 BY READING OF TITLE ONLY FOR
SECOND AND FINAL READING.
There is brief comment.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
STARK/FENSKE - MOVED TO AMEND TO SUBSTITUTE ORDINANCE 03-03(S).
VOTE: (primary amendment) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main amendment) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Ordinance 03-04, Of the City Council of the City of Homer, Alaska, Amending the Homer City Zoning Map to Zone Portions of the Annexed Area Identified as Study Area #3 Per Attached Exhibit A. City Manager. (First Reading 01/13/03, Public Hearing 02/24/03, Second Reading 03/10/03).
C.1. Substitute with same title that includes statement regarding compliance with the Comprehensive Plan Statement
STARK/FENSKE - MOVED FOR THE ADOPTION OF ORDINANCE 03-04 BY READING OF TITLE ONLY FOR
SECOND AND FINAL READING.
STARK/KRANICH/FENSKE - MOTION TO AMEND TO SUBSTITUTE ORDINANCE 03-04(S).
VOTE: (primary amendment) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Councilmember Kranich said there is a possible amendment by the Planning Commission for the allowance of cottage
industries. He stated that he hoped it could be incorporated in the code to accommodate that.
Councilmember Ladd strengthened Councilmember Kranich's remarks on the record. He too would like to see the Planning
Commission address cottage industry in the rural residential areas.
VOTE: (main amendment) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
STARK - MOVED FOR THE ADOPTION OF ORDINANCE 03-05 BY READING OF TITLE.
D. Ordinance 03-05, Of the City Council of the City of Homer, Alaska, Amending the Homer City Zoning Map to Zone Portions of the Annexed Area Identified as Study Area #4 Per Attached Exhibit A. City Manager. (First Reading 01/13/03, Public Hearing 02/24/03, Second Reading 03/10/03).
D.1. Substitute with same title that includes statement regarding compliance with the Comprehensive Plan Statement
STARK/FENSKE - MOVED FOR THE ADOPTION OF ORDINANCE 03-05 BY READING OF TITLE ONLY FOR
SECOND AND FINAL READING.
STARK/FENSKE - MOTION TO AMEND TO SUBSTITUTE ORDINANCE 03-05(S) BY READING OF TITLE.
VOTE: (substitute) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main amended motion) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
E. Ordinance 03-09, Of the City Council of the City of Homer, Alaska, Amending the Homer City Zoning Map to Zone
Portions of the Annexed Area Identified as Study Area #8 Per Attached Exhibit A. City Manager. Planning. (First Reading
01/27/03, Public Hearing 02/10/03,Second Reading 02/24/03 postponed to 03/10/03).
FENSKE/LADD - MOVED FOR THE ADOPTION OF ORDINANCE 03-09 BY READING OF TITLE FOR SECOND
AND FINAL READING.
Councilmember Fenske called for unanimous consent.
Councilmember Ladd objected as there are questions in regard to study area #8. The area could be GC1 or GC1-2. There are a number of lots that have mixed use and he would like to know which lots those were. He doesn't have enough information to make a decision on this zoning. A number of activities are close to GC2 activity. He would rather see it zoned properly than grandfathering and ending up with spot zoning.
Councilmember Fenske said there was extensive discussion with the Committee of the Whole. Representatives from the Planning Commission and the Planner indicated that this area has received an extensive public hearing. Because of the four or five that were specified as extraordinary uses that didn't fit into GC1 or GC2, or a combination of those, he felt the proper designation for the area was the combination of Rural Residential with GC1. He said although it seems ready to move on to the next step, the attorney has given his input and encouraged the Council not to go to an undefined zone, or to zone it with isolated pockets of industrial use mixed in with the General Commercial uses. Those uses that were grandfathered have been spoken and it would be pertinent for the zoning to proceed and let time flush out the differences.
Councilmember Stark concurred with Councilmember Fenske's remarks.
Councilmember Kranich stated he is still not a hundred percent sure of adopting this Ordinance. He said that grandfathering will provide pockets of industrial in with the lighter commercial activities that will allow uses. He is not sure how this will impact the large rental or lease businesses involved, especially with the boat yard. Although he knows it was discussed today he is still not totally clear how the City Attorney defined it and how it would impact them. He asked for the City Manager to elaborate.
City Manager Wrede said he asked the City Attorney for his opinion today on Smith's idea that maybe the activity of leasing could be grandfathered in. That is what the nonconforming use would be. The City Attorney said he felt strongly based on our own law and case law regarding zoning, that this would not be a proper thing to do. Zoning laws usually apply to the physical use of a property, not the leased or owned status. He suggested that going that route may leave the door wide open, and it may as well not be zoned at all. There is no control over what the owner leases the property for. He suggested that we either consider taking the Planning Commission's recommendation and just have some nonconforming uses. He said in the long term that would be the best way to go. He encouraged the City Council to think where they wanted to see it in the future from the community perspective. He urged the Council to consider what would be the highest and best use of that property. He stated he hadn't been around long enough to know if there were conflicts or uses that people object to. He stated if the Council is comfortable with what is out there now that they go with the Planning Commission's recommendations and live with the nonconforming uses or create a new zone classification that combines G1 and G2. Those would be the two best options.
Councilmember Kranich clarified that the only uses that would be grandfathered into the nonconforming uses would be
those in existence today.
City Manager Wrede agreed. He said if it was a business consistent with the zoning ordinance it would be good. It would
be good for as long as the activity continued and that activity could be passed on to someone else. He said that was the
purpose of nonconforming uses, that eventually at some point in the future it would gradually fade out the undesirable uses.
Mayor Cushing asked about contacting the owners of the lots and giving them sixty (60) days to report their
nonconforming use.
City Manager Wrede said there may be a provision in the Ordinance for that. The zoning classification GC1 could be
amended to include other uses. The Planner was in his office today amending GC2 to better fit that area regarding the boatyard.
Councilmember Stark said it was strange to him that the uses not existing today, but those that were existing previously, can be grandfathered in.
City Manager Wrede clarified that it was for uses that are in existence right now.
Councilmember Stark asked if it was today.
Mayor Cushing said he believed it was for today and then if they stop the use for a year they are dead.
Councilmember Ladd said the issue at hand was the present nonconforming GC1 uses. He said they can transfer within a
year and go on for many years. There are a number of uses for the properties along the lines of GC2 and those will
continue. If the Council is going to call it a GC1, it is not truly going to be a GC1. It is going to have those other
nonconforming uses going on in there. Rather than deciding right now, the Council needs to address this appropriately.
There have been a number of questions raised, some of which are legal. He said we only have three sections to go and he
doesn't see a problem with postponing this and trying to get everything correct so a mistake is not made.
Councilmember Fenske said we do not have a community representation here objecting to this ordinance the way it is
currently written. He agreed that there are possible uses in the boatyard that are not being addressed adequately, but with
their grandfather status the City isn't going to put anybody out of business. He indicated that there was talk in the work
session earlier of the possibility of there being a designated area zoned differently. He said that a marine industrial would
not be improper for a portion of that, but that would be something that the Council would have time to look at and move
forward on, while allowing the community to get used to the designation and to see how it fits.
Councilmember Beck said that GC1 is the least invasive. She said she didn't see what waiting would do, as it will not
change doing what is best for the City and doing what is least invasive for that area and eventually the commercial activity
will go away. She questioned what will be gained by waiting, as the only thing the City would wait for is to change it to
GC2, and GC3 will be some odd combination of 1 and 2 which is still beyond what is wanted. She believes we should go ahead.
Councilmember Stark said if we waited for GC3 the same problem with the overlay district would exist. The Planning
Commission is not as far along on GC3 as on the overlay district so it may be four months down the line. He doesn't agree
with the comment that if there is an asphalt plant that we should wait to see what to do about it, because we can't do
anything since it is grandfathered in. He thinks it would be proper to move ahead and adopt GC1 as recommended and then
grandfather in all the uses and as time goes by they will disappear.
Councilmember Kranich said that it would be fine to plow ahead with GC1 and the other uses would disappear. He asked
what would happen if the boatyard disappeared? What would that do to the fishing industry in this area? He said he
realized it was one piece of property with a private owner that is making a living off of it, but there are others in the
community that are affected by that facility. The good of the City is to keep that facility in operation and this ordinance
will not allow a hydraulic shop or an engine repair shop to come in tomorrow. It will not allow several uses that have been
there in the last year, but have left. They will be back.
Mayor Cushing called for a recess at 9:15 p.m., reconvening the meeting at 9:27 p.m.
Councilmember Fenske said that unless we can come up with some specific direction for the Planning Commission, the
Council should move ahead and pass it. He said there is no argument that something stands to be gained by further delay.
Councilmember Kranich said GC1 permitted use is marine equipment service, sales and rentals. It doesn't say anything
about boat building or storage or any other marine activities. He said if it was zoned to GC1 that he would work with the
Planning Commission and try to start it from that level. He would like to amend GC1 to include some of the marine
activities by permitted or conditional uses so that everything pertaining to the boatyard would not be grandfathered.
City Manager Wrede said he found the same thing.
Councilmember Stark concurred with Councilmember Kranich.
Councilmember Ladd read from the Homer Comprehensive Plan of the industrial land use, referring to determining the feasibility and desirability of a mixture of uses out East Road. He said he supports the Planning Commission looking at GC1 and putting that conditional use under it. He said that Mr. Kranich spoke as a condition use for GC1. He said he would feel comfortable supporting GC1. He said we need to try to incorporate some of those uses of the boatyard into GC1.
Councilmember Beck questioned if there was an amendment to this.
VOTE: (postponement) YES: KRANICH, BECK, FENSKE, LADD, STARK
Postponed until next meeting (March 10th) when the Council will meet with Planning (Planning Department and Planning
Commission) to clarify a course of action to be taken and time to clarify that action.
Motion carried.
Mayor Cushing stated that four Councilmembers would like the Planning Commission to look at the GC1 uses.
F. Ordinance 03-13, Amending Homer City Code Chapter 8.12 to Prohibit the Operation of a Public Transportation
Vehicle by any Person Under the Influence of or in Possession of any Measurable Quantity of Alcoholic Beverage or
Certain Controlled Substances, Requiring out of Service Orders to Such Persons, Amending the Grounds for Revocation or
Suspension of Chauffeur's Licenses, and Amending the Administrative Hearing and Appeals Procedures. Police Chief. City
Attorney. (First Reading 02/10/03, Public Hearing 02/24/03, Second Reading 03/10/03).
BECK/FENSKE - MOVED FOR THE ADOPTION OF ORDINANCE 03-13 BY READING OF TITLE ONLY FOR
SECOND AND FINAL READING.
Councilmember Beck said this was pretty self-explanatory and that it was talked about enough to satisfy her.
VOTE: YES: NON OBJECTION, UNANIMOUS CONSENT.
Motion carried.
CITY MANAGER'S REPORT
A. City Manager's Report.(Updates/Follow-Up, Purchase Orders - Emergency Action Plan for Bridge Creek and Camel
Log/Winch System for Pioneer Dock, and Employee Anniversaries: Barbara Garcia, PWD - 13 years; Steve Bambakidis,
Admin. - 3 years; Matt Clarke, P/H - 2 years and Mitch Hrachiar, PWD - 2 years.)
City Manager Wrede commented that we received some bad news for the water and sewer master plan. Carey had applied
to DEC for a grant to do the master plan and the City didn't make the cut this year, but will apply next year. He said if we
really want to move forward this year we may want to talk about using our own money. He said Carey identified two
possible sources of money in our own assets that could possibly be used.
Councilmember Feske questioned if we needed to examine our budget to see if monies could be identified.
City Manager Wrede said at a prior meeting he had promised to come back to the Council with a list of places we could
find the money in our own reserves.
Councilmember Feske said he believed this was very important and was sure that everyone else shared that.
Councilmember Kranich complimented the City Manager on his report. He said it keeps the Council up to date on what he
is doing almost on a daily basis, and his major projects and contacts with Council members. He commended to the City
Manager that the City Council does not have to be in there every week questioning what is happening. Furthermore, he had
a couple questions pertaining to Item 1, page 257. He questioned what a grow stand was and was told it was a gangway.
He questioned what a camel log was saying he understood it was something that floats up and down an attaches to the
piling to hold the ship away from the docks. He questioned how it would work with ice in the winter.
Bill Abbott responded that there would be a series of camel logs, probably three of them, and they wouldl be chained to the
dock with links of chain cut to keep them resting over fender assemblies. The engineers think that the weight of the camel
logs will break free any ice that has temporarily welded them to a fender assembly so they will rise up with the tide.
Councilmember Kranich said that wasn't his concern, but asked if they were on the surface, wouldn't they be parallel to the
berth?
Bill Abbott responded that they were to there to give an additional three foot offset.
Councilmember Kranich said that the way the dock was situated they would be laying at a right angle to the current and ice
would be trying to flow past them in the two different directions of the tide. He asked if that was going to build up a lot of
ice in the entrance of the harbor when the current was running to the east.
Bill Abbott said he didn't think it would build up any worse on the entrance to the harbor. In a really cold winter there
could be a considerable amount of ice between the harbor entrance and the camel logs. The ice would have to be cleared
before the ship could come in to its' berth. This is something that the are prepared to deal with, perhaps getting a tug over to
prop wash it out if it does occur.
Councilmember Kranich said we could wait to see what happened.
Mayor Cushing commented on the animal shelter. He said the City Manager, Councilmember Fenske, a local person going
into the business, the Finance Director, Public Works Director, a local veterinarian, the dog catcher, Animal Friends
representative and himself had a telephonic meeting with the architect. He said they took it to the next step of not looking
at other places if they were happy with the selected location. One of the folks in the animal community asked what that
meant for that sight. They responded if they had room to walk the animals and a fenced area they would be happy. They
said they wanted to walk the animals in the trees planted as a buffer. If the trees could be left as planted without a ominous
looking fence the City probably wouldn't get into a debate with the green belt and animal community. A location of a fence
was going to be looked at under those guidelines. The veterinarian, Sherry Bess, Pat Moss and Carey Meyer will meet next
week with the architect regarding the internal needs of the building.
COMMITTEE REPORT
A. Town Square Task Force, February 20, 2003 meeting minutes.
Councilmember Beck said there was nothing new to report.
Councilmember Kranich commented that at the last meeting in discussion of the resolution designating the Town Center area, it was alluded that it wouldn't have an affect other than a name. In the minutes under number 3 the third paragraph reads:
Such a designation is a first step to allow for future zoning of the town center area.
Councilmember Kranich said to say that it is only a name sounds like someone is trying to blow smoke at us, or the
comments that were made in this meeting were erroneous.
Councilmember Fenske said he believed that what they were alluding to was the work that was being done on the large store ordinance. He said that was the area that the large stores were locating at.
Councilmember Stark commented that the entire area is already zoned CBD. He said there were a lot of comments,
particularly with consultants outside the community that come down from the north. Any re-zoning wouldn't be done by a
task force. It would be done by the City Council and he thought it was a good question to ask. He thinks the answer is that
it is not a big deal.
Councilmember Kranich said when discussions were made of the issue it did not mean any other zoning or regulations, as it
was merely a designation. He said it is now coming out that it will lead to further zoning regulations.
Councilmember Stark said he took it as a first step for large paved type pedestrian benched and lit walkways through town.
Councilmember Kranich said he realized what Councilmember Stark was saying and where the designation of the Town
Center was going, but when discussing the issue was told that there would be no other zoning or regulations. It was then
just merely a designation, but now it is coming out that it will in fact lead to further zoning changes. He asked to be up
front about things when they come on the floor instead of only getting half a story.
Councilmember Fenske said he shared confusion with the variety of names that had been passed around associated with the Town Square project. At the last meeting it was referred to a two or three block area east of Main Street. Every meeting held has referred to the Town Square as bounded by the highway, Lake Street and Pioneer Avenue. The variety of people in the project have caused another term to be thrown in. A couple years ago it was called the Central Business District, and it could be left at that and talk about developing it to serve certain purposes is all this is. When the Town Center idea was introduced he thought this definition wasn't needed as it muddied the water even more. Clearly, anyone who has been involved in what we call the Town Square project understands that the businesses in town, along with several interested individuals, are trying to figure how to effect the best changes to the undeveloped areas which happens to be the Central Business District. He said whatever the area is called, it is how the business district of Homer is going to develop. Whether it is referred to as Town Square or Town Center, it is going to have to have some zoning changes. Part of the community does not want to have businesses of x number of square feet in the town. They are trying to hash out exactly what zoning requirements are needed to protect its' character so it will develop the way the community has envisioned. There is a center to the Central Business District that is focused on by pedestrian and vehicular access and commercial development.
Councilmember Ladd said if you were at the Planning Commission meeting the other night, some people had expressed
concern. It was not that they were opposed to Town Square, but they are confused with what the difference is between
Town Square and Town Center, and asked if there are going to be conditions to follow. They are questioning if there will
be conditions placed on the use of lots and property. He said he doesn't think he heard anybody say that they did not want a
Town Center, but they certainly want to know what is coming along with it. They are property owners that have put time
and effort in with high value tied up. They have the right to be asked and to give advice as to the conditions that would
impact their lives. At least ten people came forward to testify before the Planning Commission. The Homer
Comprehensive Plan says the City shall work with the Town Square committee to establish a Town Square in connecting
spaces through the Central Business District. He said he would like to see the Town Square Task Force get some clear
definition as to the core Town Center. There are also questions about the Old Town area too, as to whether that is another
district. Some have called it a Civic Center District. He said we have to get on the same page with the terms, as it is confusing.
Mayor Cushing commented on getting a CBD name, suggesting just calling it the CBD area.
Councilmember Beck said the resolution was written for the purpose of getting everyone talking and providing clarity.
B. Large Store Impact Task Force, meeting summaries from February.
Councilmember Ladd said the Large Store Impact Force met last Tuesday and the group meets tomorrow night at 6 p.m. A
report is due at the end of this month to the Planning Commission. He said at the Tuesday meeting the draft copy was
reviewed, yet there was still a boiler plate of various ordinances put together. Section B on page 8 dealt with the site
development standards or the aesthetics of the facility. He was also in contact with the architect who is giving support to
the committee. The draft has been sent to him and he will provide feedback in regard to the architecture aspect of the
buildings. He said the Council still has to move a lot of information dealing with tree protection and buffer areas
underneath the design, vehicular access, trash collection areas, pedestrian flow, traffic flows, and outdoor lighting. There
are lots of items to go through in the environmental impact to the community. He said it is a large amount of work for a
very short time.
Mayor Cushing thanked the Committee for all the work.
Councilmember Kranich said that he noted 15,000 sq. feet rather than 30,000 sq. feet was now used.
Councilmember Ladd said it had not been discussed in any great length. He said we were asked as a task force to consider moving it from 30,000 sq. feet down to 15, but that is not a figure which the Task Force has come to any consensus on at any time.
Councilmember Fenske commented on Item 3 which said they will produce an evaluation of how the project will meet
design standards required by City Code. He was wondering if the code or evaluation was being written.
Councilmember Ladd said in regard to the first section 8.1, 1, 2, 3 and 4 listed, there had not been much time spent on
them. They decided on five categorical areas that are to be addressed under specific standards. They will have to come up
with guidelines about how to administratively assess things. By meeting City Code it will develop signage for a large
structure. Signage is an issue the Planning Commission has now. Many of the areas of the Homer City Code are applied,
and then the Council has to look at large stores. Do we up the ante for the large stores?
Councilmember Fenske said the AML Legislative Finance Committee met today. Some subjects of interest to the
community would be House Bill 87, which has to do with mining water standards and how they are going to be rated. He
said it doesn't apply here much, but House Bill 156, which is in the government's budget proposal has to do with the gas
tax. The current setup doesn't indicate a split coming back to the miles of road that are maintained by the municipalities. It
is written to go to the State roads. AML in the past, starting a couple years ago, indicated that they felt that this gas tax, if
collected, needed to be applied evenly to all the roads so the municipalities can get some of their own. Revenue sharing is
being cut so this is even more important to local municipalities. Looking at the miles of road at 50/50 between state and
municipalities, they are looking at a split in that area. House Bill 163 is in the Governor's budget regarding the wildlife
conservation tax, which is the planned fee to visitors to help cover wildlife protection and enhancement at state level. It is
another one we need to keep an eye on as the money will not open roadside parks that are closing. It seems to be headed in
another direction. House Bill 170 is motor vehicle registration, and the newspaper reported on this. Several different
categories of trucks, trailers, pickups, or cars have an increase of twenty to thirty percent. On the registration of a pickup it
goes from $68 to $100. This is a revenue producer for the State, but doesn't trickle down to the municipalities. Senate Bill
63 came out of Homer's annexation and had to do with how taxes are collected. The fiscal years between Borough and City
clashed last year so we didn't know who would pay for the services in the newly annexed area during the transition between
when the City would actually take over, because the Borough had already collected the monies. Seasonal sales tax is
something that should be reserved for the municipalities. It is the only way other than property taxes that we have of
collecting revenues. The educational head tax was discussed. This is something they used here and it was $10 out of your
first paycheck. They are looking at raising that to $100.00, or reinstating it at $100. Also discussed was the senior citizens
exempt property tax. If the exemption is left in it is up to the tax payers to pick up the difference and there's a question as
to how this will be handled by the state. They are looking at doing away with the exemption. Debt service and
reimbursement at this year is looking at a ten to fifteen percent cut, and that is bonding for municipal projects.
Councilmember Stark reported that Carey Meyer and he attended telephonically the AML's Public Works and
Infrastructure Committee and talked about the bills that had been introduced and the various subjects. He said it came out
very well and all the problems were solved.
PENDING BUSINESS
NEW BUSINESS
A. Memorandum 03-35, from City Clerk, Re: Griswold Appeal regarding a Denial of a Portion of a Records Request.
Recommendation: Release the survey and grant the records request in entirety.
KRANICH/LADD - MOVED FOR THE APPROVAL OF THE RECOMMENDATION OF MEMORANDUM 03-35.
Special note: Mayor and Council received a copy of the survey under confidential cover.
Council may use the Executive Session privilege if Council deems necessary, under AS§44.62.310(c)(4), matters involving
consideration of government records that by law are not subject to public disclosure.
Councilmember Kranich said at this time there appears to only be one discrepancy that hasn't been totally abated. He said
he sees no reason to hold the documents in confidence any more.
Councilmember Fenske said he could not see a reason to deny access to the documents unless we legally had something to protect from some citizen. He said the question came up if there had been an ongoing follow-up of any zoning. He said there have been a lot of things happening since then and he is questioning if there has been an ongoing oversight of zoning violations.
City Manager Wrede said he had no list as formal as this. He said the Planning Department is working on zoning
violations and new ones have occurred since this was done. They are working on it the best they can with the staff they have.
Councilmember Fenske asked if we are opening the door to release all records, or if there is confidentiality with new records.
City Manager Wrede said the reasons for keeping them confidential could be defended as some had good reasons at the
time. To his knowledge there is no list like this at the present time. He said if asked to release to the public every zoning
violation since 1999, that would be a good question.
Councilmember Fenske asked how they handled zoning violations in other cities.
City Manager Wrede said other cities handle it in a variety of ways. Some make it public, and others don't feel it wise to do so. He said in our case the Council made a decision they wanted to work with people and didn't want to make them instant enemies or litigants. People may feel falsely accused or unnecessarily embarrassed and may first call their attorney. He thinks the Council made a decision to not make enemies of our own residents, but to bring people into compliance with the zoning laws. He said using the tools that we have to make that happen, with lawsuits as a last resort is a wise course.
Councilmember Ladd said some of the people probably didn't know that they were in violation. He said they may have not known due to under staffing or lack of time with the Planning Department. He asked if the City was still in this situation? Our Planning Department is still small and they work with many groups. He questioned if they were properly staffed and equipped with the code behind them for enforcement. He said the owner probably doesn't even know they are in violation, and part of the issue is the City's.
City Manager Wrede added that the Planning Department is working on letters to violators of the city zoning laws. He said
there is a process and they are working on strengthening the process and giving themselves more tools. The Commission is
debating that right now. The process that they are using is to send out a letter and a follow-up letter, and then refer to it to
the City Attorney. There are several ongoing in various stages of that process.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
RESOLUTIONS
A. Resolution 03-43, Of the City Council of Homer, Alaska, Authorizing the Expenditure of One Percent for Art Work on the One Million Gallon Storage Reservoir and Authorizing the City Manager to Proceed with the Process. Requested by Yourkowski.
Addition of Memorandum dated January 23, 2003 from City Manager Drathman, Re: 1% for Art, 1.0 MG Water Reservoir,
as requested by Councilmember Stark, for informational purposes.
FENSKE/BECK - MOVED FOR THE ADOPTION OF RESOLUTION 03-43 BY READING OF TITLE ONLY.
Councilmember Fenske said there is extra money in the account over and above the cost of the tank and it would be a good
spot to start on beautification.
Mayor Cushing said he has a list of about twenty people to call, half of them have already expressed interest.
Councilmember Kranich said there is money in the grant, but he is sure the DEC grant money is tightly controlled as to
what it can be used for. He said we can use our sales tax money for water and sewer programs. He said he doesn't know if
that is what the local residents are paying sales tax for. Looking at other projects, the City will need substantial money for
water and sewer extensions on East Road out to Kachemak Drive as well as the City's portion in several LID's. The City
has to use some fiscal conservative policies along the line somewhere. He doesn't think this is the place to start opening
our pocketbook.
Councilmember Stark said he would have to concur with Mr. Kranich and point out that the ordinance on the one percent
for art does not require that we do that with this project. The tank will not be accessible to the general public and the entire
site will be fenced. The reservoir can be seen from Skyline Drive. The City Manager's recommendation from his memo of
January 23rd includes that the project include a sign identifying the site as a City of Homer water treatment plant and that
the sign be incorporated into a work of art with a maximum cost of $5,000. He doesn't believe there is a necessity to spend
anything on it, as it is a utilitarian project, not in the public eye. He said there are better uses for our money and it is not
required by the one percent ordinance.
Councilmember Ladd said he spoke during the work session. The Governor is proposing a fiscal budget for the State of Alaska that is a tow the line type budget. There are no frills, no whistles, nothing in it. The effort is to try and show some fiscal restraint. Alaska has one of the highest unemployment rates in the country at 7%. On the news tonight it told of 300,000 jobs being lost in this country in the last month and our stock market is in the dumps. People don't have the type of dollars to spend as we had several years back. Looking at one percent, in the same breath under Resolution 03-41 we are asking the Legislature to fund us at the level they funded us last year under revenue sharing. Fiscal reality is that we cannot keep this up. We are going to have to start prioritizing and start slicing, and we haven't had to do that yet. Nationwide the debt is in the trillions of dollars. That is not even including what is possible as a result of a war. The federal dollars are not flowing, and the state dollars won't be flowing to us. He cannot see us taking one percent, $12,000 to $17,000 when it could be used to support another capital project that is needed. Better yet, he said not to spend it. When talking about a library, museum, city hall or an animal shelter, he could see it. He suggested painting the water tank blue, throwing a couple trees around it, and leaving it at that.
Councilmember Fenske said the whole idea behind the one percent for art was when the project started, the art could be incorporated. The Juneau ferry terminal used their one percent for art work for the stained glass fish. They could have had utilitarian windows, cased with gray aluminum, but they chose to add more to the project than just utility. They made it aesthetically pleasing and something that people look at. At the post office there was a lady taking a picture of the eagle head in the front of the post office. That was a one percent art project and it is magnificent. Rome was quite an empire and today all that is left are a few marvelous pieces of art. We even keep the broken pieces. In the lower 48 Iowa has water towers painted a multitude of different ways. That is the application of the utility of art.
KRANICH/ -CALL FOR THE QUESTION
VOTE: (call for the question) YES: FENSKE, LADD, STARK, KRANICH, BECK
Motion carried.
VOTE: YES: BECK, FENSKE
NO: LADD, STARK, KRANICH
Motion failed.
B. Resolution 03-44, Of the City Council of Homer, Alaska, Supporting the General Welfare and Homeland Security of the Nation and Alaska through Requesting $12 Million to Construct Phase II of the Port of Homer's Deep Water Dock. Ladd. Kranich. Port/Harbor Director.
LADD/KRANICH - MOVED FOR THE ADOPTION OF RESOLUTION 03-44 BY READING OF TITLE ONLY.
Councilmember Ladd stated that the deep water dock item has been placed on the priority list by this Council. Phase 2
would enlarge the dock to facilitate ships that are greater than 800 ft. in length and displacement of 65,000 tons. The issue
here is that the dock is an integral part of the Homeland Security for this part of Alaska, including the City of Anchorage.
Eighty percent of the supplies for Anchorage flow through the Port of Anchorage and if something happened to that port by
natural disaster or enemy activity, the City and all those communities on the rail belt, depending on those supplies, would
have to be gotten to the state by smaller harbors, like Homer, Seward, and Whittier. Using the three harbors it is a question
whether all the needs of Anchorage could be met. We have the potential with the extending of the deep water dock to deal
with the ships that come into Anchorage. He asked for support in attaining the $12,000,000 through the Homeland Security
and through the federal delegation in Washington, D.C. He said he hoped this Council passes this resolution which seeks
to strengthen this harbor. It is not only tied to Homeland Security, but to the Williams Port Pile Bay Road across the way.
In times of normal sea there are 30,000 folks in Southwestern Alaska that are tied to the City through that short upgraded
road. The Williams Port Harbor has been upgraded to a degree, as Wilder Construction has been doing some work over
there. With a larger dock facility here we would be able to support the livelihoods of this part of Alaska and strengthen our
own position as a container port. He urges for passage of this resolution.
Councilmember Kranich added that at the time we started the Pioneer Dock a representative of TOTE came to the stake
holder meetings and he outlined the plan that they had for freight to Southcentral Alaska. He told about the new larger,
faster ships that were on order that would be taking over the Seattle/Anchorage run. Those new ships would be on line
soon and they would be looking for further distribution markets for the current ships. They couldn't stop in Homer Kodiak,
or Seward due to the tight time schedule of two round trips per week. The existing ships would be looking for other
markets. Homer would be a very good location for a redistribution center for freight for Williams Port that could be
offloaded here, as well as cargo for the central part of the peninsula. They are looking at this area for freight traffic.
Pioneer Dock will accommodate them, but it wouldn't be primarily aimed as a freight facility. The enhancement of the
deep water dock would put freight away from other commercial uses of the Spit and would enhance the whole port.
Mayor Cushing stated he would like to be shown as a co-sponsor on this project.
Bill Abbott addressed the $12,000,000 estimate in the CIP plan. He said it might be a low estimate because years have
gone by. The extension of a deep water dock does not need to be as elaborate as Pioneer Dock. It could be built cheaper
per square foot. The fender system could be done differently and it only needs one trestle. Further justification is that
TOTE talked for three years to Mr. Drathman, former City Manager on a proposed Russian far east route. They would first
place one and perhaps two for the older ships. They would need a Cook Inlet port on this route and would follow the gray
circle route. Homer would be most feasible, as Anchorage is covered up five days a week with the CSX ships and the
TOTE ships in the summer. In the winter they are covered up four and a half days a week when one fewer ship runs from
Tacoma to Anchorage. They have other traffic at that dock as well and are too congested to handle other services. Homer
would be feasible for the Cook Inlet stop. From Cook Inlet they will proceed to Dutch Harbor, a couple of Russian far east
ports, then Japan and back to Tacoma. This would bring north the Pile Bay Road and the Bristol Bay cargo as part of that run.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Resolution 03-45, Of the City Council of Homer, Alaska Authorizing that Necessary Actions be Taken by the Mayor and Council to Inform State and Federal Officials of the Importance of Phase II of the Homer Deep Water Dock, and that an Official Representative of the City Council of Homer, Alaska, Appointed by the Mayor of Homer, Present this Resolution of Introduction and Resolution 03-44 Requesting Funding for Phase II of the Homer Deep Water Dock to the Alaskan Delegation in Washington, D.C. Ladd.
LADD/KRANICH - MOVED FOR THE ADOPTION OF RESOLUTION 03-45 BY READING OF TITLE ONLY.
Councilmember Ladd said it is important that this resolution be carried to our Alaska delegation. In the process it needs to
be done carefully and correctly. He said it needs to be presented in a manner which will provide answers when asked. He
said in submitting a copy of the prior draft resolution to the folks in D. C. there were a number of good questions which
were asked. There were eight questions given back. The City has to have the right people there to respond to the
questions, not just the messenger. If you were offloading petroleum products here, what is the capacity of our tanks here?
Can the tanks hold jet fuel? What has to be done to convert the tanks to hold jet fuel? How would you get it to Anchorage
from here? By barge, by truck? Why are you bringing it here rather than Seward where they have a railroad? There needs
to be someone with a broad picture on storage capacities of petroleum products. They would need to have a good
understand of Southwest Alaska or the impact for the Williams Port Pile Bay Road. We need the information pertinent to
the need of a central area such as Kenai and Soldotna. A good team is required, with the professionals there, good strong
business people.
Mayor Cushing discussed travel costs to the budget and appointments of a travel team.
Councilmember Stark thanked Councilmember Ladd for his work. He stated it was an excellent presentation by him and
will be great for the City of Homer.
LADD/BECK - MOVED TO INSERT (S) FOR PLURAL REPRESENTATIVES.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
D. Consent Agenda Item D (Substitute approved under agenda approval) Resolution 03-35(S),Of the City Council of the
City of Homer Finding the Need to Create the Saltwater Drive Water and Sewer Improvement/Assessment District and
Setting the Date for Public Hearing as April 14, 2003. City Clerk. Recommend adoption.
FENSKE/KRANICH - MOVED FOR THE ADOPTION OF RESOLUTION 03-35(S) BY READING OF TITLE ONLY.
Councilmember Fenske said he thinks that this is going to be a great improvement, not only to the local neighborhood on
Salt Water Drive, but to the large addition and a compliment to the hillside LID's. He supports this and would like to speak
to the individual who addressed this earlier in public testimony as to not wishing to have this passed. He sympathized with
her just installing a new $17,000 septic system and now is looking at having to take part of the LID process. There is no
cure for this as long as we are handling them with 51% participation of property ownership. It is in place to work that way.
This one had 57% of the assessed value participating, which is well within the limits. The greater good for the community
cannot be understated. The City is in dire need of expanded water and sewer services, and we all will have to face those
costs at some point.
Councilmember Kranich said he wanted this brought back for discussion. He is still having a problem trying to figure how they fall within their ninety day period of August 31st of 2001. For a year and a half they have been working on a ninety day extension to stay with a 50/50 assessment. He needs further clarification of how a year and a half becomes ninety days.
Public Works Director Carey Meyer explained that a petition was initiated under the ninety day period. There have been
many variations since then to come up with a plan and costs that were cost-effective to the property owner. He deferred to
the Council for their decision.
Councilmember Ladd commented that if the signatures just came forward a few weeks ago, we may get tripped up by the ones who just installed septic systems. He questioned if the City was operating within the time constraints that it should be. He questioned if we were interpreting or following our own policies correctly.
Councilmember Kranich questioned if there was compliance at first, and whether it fell within the ninety day period.
Councilmember Fenske said the question is whether they initiated the process within the ninety day period. He said the
Public Works Director pointed out that the did and to complete the process took longer, but it was reinitiated within the
ninety day period.
Councilmember Beck stated that she would like input from the City Manager on this.
City Manager Wrede said he couldn't add more than what Mr. Meyer had said. He said clearly they did reinitiate the process within ninety days, but they did not complete it. It is a matter of interpretation by the Council, and the Council knows its' intent when they granted the ninety day period.
Councilmember Fenske commented when the Council found out, many of the LIDS had been started as early as eleven
years prior. They had fallen into stages of disrepair. One out East Road had six to seven individuals in the LID who had
just within the last five years put in mound systems. They said they no longer wanted the LID. The Council stated they
wanted to allow a period of time to redistrict and analyze. The Council didn't want to cut them off and say this was the end.
This clearly may be the biggest stretch in all of those, but literally now everyone of the LID's pending have been answered.
It would be prudent for us to put the period of history behind us. We have been told by administration that the new process
holds the City responsible for 25 % of the development in new pending LID's. In many communities it is 100%
responsibility of the individual property owners. For us to have saved that type of funding through the permission of the
community in the 3/4% sales tax that we are using a portion of for funding is commendable. He said he has the deepest
sympathies for monies being wasted on sewer systems that may be not used.
City Manager Wrede commented that at this point he would recommend going forward and get the project going. To
change the 50/50 now would create some problems and we might have to go back to them with a different petition if it is a
different split.
Councilmember Stark expressed concern about the City's liability. He thinks if feasible, we should put this off for two
weeks to get a recommendation from the City Attorney.
City Manager Wrede asked for clarification from the City Attorney on the first "Whereas".
Councilmember Beck asked City Manager Wrede if he saw anything of a legal nature coming back on the City with the way the resolution was written.
City Manager Wrede said there may be problems, although nothing on the surface indicated that. He said if the Council requests, the City Attorney could review this further.
Councilmember Ladd said on page 73 of the original Resolution 01-53 there were very defined dates and times when things
had to be done. Written protests were to be received by July 28th2001 and a public hearing was May 29th 2001. It started in
April, and through July would have been ninety days. The times were defined on the initial go around where signatures
were needed by a certain time or it would go down to the 32%. Now we've held it open for an indefinite period of time,
although it has come to a close now. It has given more opportunity to round up the non-responses, and questions whether
we are on solid turf and would like to seek some legal opinion.
BECK/STARK - MOVED TO POSTPONE FOR DISCUSSION WITH THE CITY ATTORNEY.
VOTE: (motion to postpone) YES: LADD, STARK, BECK, FENSKE
NO: KRANICH
Motion carried.
E. Consent Agenda Item F. Resolution 03-37, Of the City Council of Homer, Alaska Repealing Any and All City Action to Rename those Portions of East End Road and Kachemak Bay Drive that are Inside the Homer City Limits. Requested by City Council. Recommend adoption.
Memorandum 03-36, from Planning as backup.
FENSKE/BECK - MOVED TO ADOPT THE RECOMMENDATIONS OF RESOLUTION OF 03-37 BY READING OF
TITLE.
Councilmember Stark said he was not convinced that we don't have the authority to rename the portions of the northerly
extension of Kachemak Drive. He said we were told that, but haven't seen anything official. He is not convinced that it is
the case and suspects that the State has not objected to doing this. He has a different opinion regarding East End Road, but
would like to go ahead with Kachemak Drive.
Councilmember Kranich said the reason to bring it back for discussion is that we were given information that the only way
the City could change the name of the State road within its' boundaries would be to initiate some action through the
legislature. He said if we adopt this we then pass a resolution to request that our local legislators move forward on the
name change.
VOTE: YES: FENSKE, LADD, KRANICH, BECK
NO: STARK
Motion carried.
F. Consent Agenda Item H. Resolution 03-39, Of the City Council of Homer, Alaska Authorizing and Supporting
Application for a Transportation Security Administration (TSA), Security Grant in the Amount of $250,000.00 to Fund the
Fabrication and Installation of Security Gates on City Docks and that the City Manager is Authorized to Execute the
Appropriate Documents. Port/Harbor. Recommend adoption.
LADD/KRANICH - MOVED TO ADOPT RESOLUTION 03-30 BY READING OF TITLE ONLY.
Councilmember Ladd asked that the Port Director explain this.
Port Director Bill Abbott had an interim port security meeting where the Terminal Security Plan for the cruise ship docking
was discussed. The new port security requirements were discussed too. At the meeting it was stated there were only a
couple of weeks left to apply for port security grant money to enable the City to meet the new requirements. The minimum
requirements have a way of controlling access to the docks. He stated the City cannot control access by adding the
significant number of staff persons. It was decided that security gates, heavily built crash proof gates, would best deter
access to the docks by vehicles and pedestrians. The gates would be needed at every access point for vehicles and
pedestrians on all three docks. The main dock would need to be included, as it is an access to Pioneer Dock. He did the
grant application, on pages 116 - 120 and got it in on time with a few typos. First he had to apply for a code to access the
internet program to type in the grant request.
Councilmember Fenske said he was concerned that the general public might not be as well versed as to how and why this
would be in effect and how it is going to affect public's access to the dock facilities. He would like to try to head off any
panic that they will be excluded from these areas.
Port Director Bill Abbott said under the port security requirements and terminal security plan the City has to take high security measures for adequately securing the docks and controlling access to the docks. Only under threat level three does access to the docks have to be closed. This would require patrol more frequently and have security staff at every access point. Under level one and two we would not block access to the docks. It is only when code red is declared. It is a means of controlled access during code red or requiring any vessel that docks to immediately undock and leave. We know that is not practical when the ship is at the dock. This also would be a means of securing our dock and disallowing unauthorized persons access. We would have no intention of closing access to permitted activities on the docks during level one or two. There are certain activities not allowed on the docks, such as fishing from the docks. Other regular usages during level one or two would still be allowed. The security gates would allow us to block or control access if code red is declared.
Councilmember Ladd questioned who was on the committee.
Port Director Bill Abbott said the committee has not been formed yet. Tonight Mike Disler will represent the port
commission, Otto Kilcher and Paul Mackie will act as alternates, and Abbott himself will be on the committee as Port
Manager. The Coast Guard has talked to Russell Cooper of Petro Marine and a pilot, and Mark Robl will attend. The
Coast Guard intends to contact the NFMS and other agencies. All stake holders who use the dock facilities should be represented.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
G. Consent Agenda Item J. Resolution 03-41, Of the City Council of Homer, Alaska Urging the Legislature to Fund Revenue Sharing and Safe Communities Funding at the Same Level as FY 2003. Fenske. City Manager. Finance. Recommend adoption.
FENSKE/STARK - MOVED FOR THE ADOPTION OF RESOLUTION 03-41 BY READING OF TITLE ONLY.
Councilmember Fenske said this is something that seems to have become a ritual, going with hat in hand to the State asking
for continued funding at the current levels.
Councilmember Stark said he preferred that the Resolution contain the correct figures. The Governor announced on
Wednesday that he was recommending a 25% cut. This Resolution says a 100% cut. It would change the figures to
$42,500 cut or equal to 6/10's of one percent of the operating budget, to .125 mil of the property tax. He felt the present
Governor would reduce revenue sharing no matter what the legislature said. Once he makes the cut the legislature will not
override it. There has been a lot of discussion that the Governor is going back on his promises and people are wailing, but
we all knew there was a fiscal problem and something had to be done. He said the question is, what would be done? The
State has a financial problem and the communities, the cities, the boroughs, and all the residents of Alaska have a financial
problem and it is being dealt with in a responsible manner. He doesn't want to complain about the proposed cuts although
he doesn't agree with all of them. The State, the communities and the citizens have to move ahead and solve the problems.
Councilmember Ladd said his concern on the third whereas is that the City is looking to raise the property tax from five to
six mils. The message to our community is that this is where we're going. It's like school districts that are short of dollars.
The first thing they strike at is cutting football, athletics and get the hysteria up high so the people will complain. There is
a little of that in this. If we don't get what we need in revenue sharing, we're going to up the ante. We'll have more taxes
and may not be able to provide everything we are used to providing. But before we go to the extreme of increasing the
property tax, he would not support a property tax hike.
VOTE: NO: KRANICH, BECK, FENSKE, LADD, STARK
Motion failed.
COMMENTS OF THE AUDIENCE
Frank Griswold thanked the Mayor for moving the meeting along. He thanked the Council for releasing the zoning
violations survey. Zoning violations are routinely reported to the Planning Commission as they are reported to the
Planning Department. They are listed in the Planning Commission minutes, as listed in the bylaws. He doubts there is an
statutory authority for withholding this type of information and none was identified tonight. He said it was hard to believe
there was only one zoning violation unabated since 1999. He said he could not pass thoroughness on that survey until he
sees it. He said if given $10,000 he would identify twenty more violations. He said he hopes the Council will look into the
Enron S destruction of planning documents and take appropriate action. For clarification, when he earlier referred to a 4.5
acre annexation he meant 44.5 square miles.
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.
COMMENTS OF THE MAYOR
Mayor Cushing had no comment.
COMMENTS OF THE CITY COUNCIL
STARK/LADD - MOVED FOR THE RECONSIDERATION OF RESOLUTION 03-41.
VOTE: NO: STARK, KRANICH, BECK, FENSKE, LADD
Motion failed.
Councilmember Stark said he is pleased that good things were done tonight in the financial interest of the citizens of
Homer. He said that the Council stood tall tonight and he is proud to be a part of it.
Councilmember Beck said she is pleased that it is 11:35 p.m. and we are almost finished.
Councilmember Kranich said that Spring is almost here again and there are people using the skateboard park again. There
needs to be some general park rules established and signage put up stating what the park rules are, such as conduct. It
needs to say whether bicycles can be ridden, whether protective gear has to be worn, and to what extent. There was a
reluctance to do this until all of the equipment was in place so regulations could be written specific to the individual
equipment. There are going to be general safety and use rules that would apply to the park. The signage could be put in
place and then when the permanent equipment is installed, if there is certain use rules for certain items they could be added.
This was supposed to go to the skateboard association and have them work with staff in drawing these up. This was
requested late last summer and it never did get done. It needs to be brought forward and taken care of.
Councilmember Stark requested the City Manager to present to Council at a future meeting in two weeks a resolution
requesting the Legislature to name Kachemak Drive and all of its' parts as Kachemak Drive.
City Manager Wrede asked Councilmember Kranich if the Council was considering a resolution on both roads, including
East End Road.
Councilmember Kranich stated that it could be separate resolutions.
Councilmember Ladd said the Large Store Task Force meeting was scheduled for tomorrow evening at 6:00 p.m. at City
Hall.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 11:40 p.m. The next Regular
Meeting is scheduled for March 24, 2003 at 7:30 p.m. The Committee of the Whole is scheduled for March 24, 2003 at 4 p.m.
______________________________________
JO JOHNSON, ASSISTANT CITY CLERK
Approved:_____________________________
1. Per Joy Steward's letter dated 3/13/03, the following corrections were made: The amount awarded to the Homer Council on the Arts was $8,500. The total amount awarded was $22,500.