Session 01-06, a Regular Meeting of the Homer City Council was called to order at 7:32 p.m. by Mayor Cushing at the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.
Council's Committee of the Whole met from 4:07 p.m. to 6:02 p.m. Agenda Items were the Regular Council Agenda. Councilmembers Cue and Fenske had excused absences.
PRESENT: COUNCILMEMBERS: CUE, KRANICH, LADD, MARQUARDT, YOURKOWSKI.
STAFF: CITY MANAGER DRATHMAN
CITY CLERK CALHOUN
CITY ATTORNEY TANS
FINANCE DIRECTOR BAUGH
POLICE SERGEANT BUCHANAN
PORT/HARBOR DIRECTOR ABBOTT
PUBLIC WORKS DIRECTOR MEYER
ABSENT: COUNCILMEMBERS: FENSKE (excused)
AGENDA APPROVAL
The agenda was approved by consensus of the City Council with the following changes: Written public testimony received regarding Resolution 01-21 and Ordinance 01-09(A). Substitute Memo 01-20(S) and maps for Resolution 01-22. Ordinance 01-13 was pulled from the agenda for further review by the Administration.
MAYOR/ - CALLED FOR A CONSENSUS TO SUSPEND THE RULES TO ALLOW COMMENT ON ORDINANCE 01-13, IN CASE ANYONE HAD ATTENDED TO COMMENT ON THAT MATTER.
There were no objections.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Mary Griswold commented on the Executive Session matter, Kachemak Emergency Service Area, (KES). She reported that on February 6th the KES Board submitted a proposal for a contract to the City of Homer. The City was asked to respond in time to meet the budget deadline and, more importantly to meet practical deadlines of providing service. She advised that the KES Board had hoped that the City would find the proposal generous and readily acceptable. She noted that since this was not the case, KES submitted a budget to the Borough on March 16th in preparation for developing a plan to provide independent fire suppression and emergency medical service. She voiced her hope that if the City is indeed willing to enter into an agreement for service, as City Manager Drathman wrote to Borough Mayor Bagley on March 13th, that the City would provide a counter proposal very soon. She emphasized that KES has an obligation to provide service in a timely manner and they need to know what role the City of Homer is willing to play in that it makes a big difference in the direction for KES. She asked the Council to make this a high priority for resolution.
Ken Castner commented on Ordinance 01-09(A), up for reconsideration. He advised that his bona fides are that he worked on the Water and Sewer Rate Study Committee and spent quite a bit of time looking at rates and looking at parity amongst users and those types of things. He confirmed that the Committee did pass a recommendation to the City Council that said it was good public policy to sell the surplus water to bulk resellers under a contractual basis. The reason for the contractual basis was because this was limited to surplus water. He commented that last week the Council took an ordinance that was going to do one thing and amended it at the last minute to do 180 degrees. He relayed that this is upsetting, because when the Council tied a guarantee of water not to surplus, but to shortage, it became a huge public policy decision. He voiced his opinion that Council did not give enough thought to what the words meant that were adopted at the last meeting. He relayed conversations with Councilmembers and pointed out there is confusion. He expressed appreciation for the City Attorney being here. Mr. Castner commented on the list of reasons in the Ordinance, pointing out that whenever a list ends with "any other reason", that reason has to be as good as the ones ahead of it. He noted that the first reason listed is shortage. He urged the Council to consider no ordinance, rather than this ordinance. He commented on the Homer News' editorializing that the Council did not go far enough, that what the City should do is to guarantee usage forever for people outside the City. No one wants to get into a guarantee of water for anyone other than those that are paying for the system. He urged the Council to reconsider the ordinance or kill the entire ordinance. If the City has to have an ordinance to address the sale of surplus water, then address surplus water. He advised that when extemporaneous words are used, like shortage, this creates an entitlement that is not in the best interest of the City. He suggested that if this is really what the Council wants to do then put it on the ballot.
Charles Davis, regarding Ordinance 01-09(A), commented that he cannot understand the City Attorney's ruling this afternoon, at the Committee of the Whole meeting, that this 180 degree change in this ordinance does not constitute a major change. He voiced his opinion that this change is like night and day and does require further public hearing. He did not agree with waiting until there is an emergency, because then it will be too late to "change it", nor does he agree that there is surplus water. He emphasized that there are a lot of people in the City that do not have water. He voiced his wish that the Council would remember to support the benefit of the City of Homer, stick up for the City residents and not the outlying area. He reported that many of his friends with quality construction have had the value of their property stay flat line for several years, adding that the value is increasing outside the City limits. He voiced concern regarding the Ocean Drive Loop Bluff erosion control, Resolution 01-22, and encouraged the Council to do this on an area wide basis rather than one small section like the Elks Club did that caused areas on either side to erode. He suggested that the City obtain the Corp of Engineers participation. Mr. Davis commented on Resolution 01-21, assessment methodology and that there should have been a formal public hearing. He advised that he had gone to the Water and Sewer Standards Committee meeting and left after finding that there was no provision for public input until after a decision was made. He objected to the assessment methodology and the "hierarchical program" piece mealed together the last ten or fifteen years. He stated that this program is very unfair and violates every concept of due process. He reiterated that there are a bunch of people in town that do not have water, that he has been in the same spot, right in the middle of town, for twenty two years without water and sewer. He reported that every other town in the Country charges enough for water and sewer to fully fund depreciation, takes that money and invests it in their plants and equipment to extend the water and sewer lines into those areas without service so that those people will have economical potable water and sanitary sewers. He noted that Homer does not do this, but sells the water outside of Homer willy nilly to everybody and does not worry about the in town people. The very basic health need is water and sewer. He informed the Council that he tried to get an LID fifteen years ago, but the property owners where he lives bought the property for an investment and do not want to put any money into the property until it is time to sell it. He objected to being penalized because his neighbors don't want water and sewer, that this is not fair and, in fact, violates his constitutional rights. He urged the Council to consider developing the water and sewer in town by using the $2 million to extend the water and sewer mains and put in the stub outs so that people could connect and pay when they are ready. He suggested that all the different areas in town be considered and broken down into arbitrary segments, throw these all in a pot and draw out one at time, using that order for the construction order. He told that Council that if this process had been utilized when he suggested it twenty years ago the entire town would have water and sewer by now. He encouraged the Council to start this method now so that in fifteen or twenty years the entire town could have water and sewer. However, if the Council uses this proposed method, which is unfair, in Resolution 01-21 at 75/25 this will only get a few people water and sewer.
Cris Rideout commented on Ordinance 01-09(A) and voiced his belief that it is a wise move for the City Council to be dealing with water issues and concerns right now. He stated that he will continue to support the City with its efforts to take reasonable and prudent measures for the purpose of protecting the City's water and water supply. He reported the following regarding information he obtained, research he did and conversations he had with Jim Hobbs, Water and Wastewater Treatment Superintendent, and the City Manager:
Much silt has settled behind the dam since its completion in 1975.
Many more people have constructed homes and settled within the reservoir watershed since the dam was built.
Construction, logging, road development and off road motorized use had drastically increased within the reservoir watershed.
These and other uses could cause higher turbidity levels.
Risk of higher levels of water born pathogens; ie. hepatitis, gerardia, e-coli, ba-coli, etc.
Contamination by toxic and hazardous materials, etc..
These things could greatly decrease the water treatment time and take that "much more" to deal with.
More land owners could become dependent on City water whether supplied by line, bulk delivery or hauled by the bucket.
Considerable cost.
Stringent permit requirements by federal and state agencies and possibly the borough.
Likely legal challenges and law suits
Mr. Rideout reiterated that he believes it is appropriate for the City to deal with water issues, concerns and potential problems at this time. He voiced agreement that the City should take measures to take care of City residents first and that it would be appropriate for the City to stop or reduce water sales, those sales no longer mutually beneficial, outside of the City at any time. He voiced his opinion that it does not make sense for the City to be concerned or burdened with how the water is distributed to non City residents once that water is sold to bulk water dealers, adding that once it is sold to the bulk dealers, private enterprise, the water is no longer the City's concern. The people outside the City should just take care of themselves. The City does enough for those outside the City and does not need to take on any more concerns such as this. He encouraged the City to let the non residents take care of themselves, adding that they will either sink or swim depending on how much water the City has. He urged the Council to take a serious look at joining in with the KES, which would be really helpful and that KES has a lot to offer and would make the, already excellent, fire department even better.
Paul Heuper, regarding Resolution 01-22, thanked the Council for really putting an effort into the process of getting the erosion control for the Ocean Drive Loop Bluff. He noted the word 'urgency', that this process has been going on for almost a year and the erosion situation is getting more urgent all the time. He noted that the property owners are not going to let the property go without putting up a strong fight to save the property and for thirty years nothing has been done, because there had not been the need. He reported that one home has been lost, most of his neighbors have fifteen or twenty feet left and he has thirty feet left. He emphasized that the Ocean Drive Loop property owners' voices are going to get stronger and stronger in this area and that they are going to keep coming back until "we" do deal with this situation. He voiced his appreciation of the Council's willingness to hear their voices in this matter. He stated that he really likes the fact that the neighborhood does not have an entitlement mentality, in that they all feel that they need to step up and pay for this, and that they are looking for the City to support them in that effort. He acknowledged that if there is some federal funding that is great, the hope is that there will be some funding, however, the property owners in the Ocean Drive Loop improvement district agree that they have the responsibility to pay for this project. He stated that the current assessment numbers are more reasonable than at first, adding that nothing is definite until there is a "full on contracting". He addressed the comments about piece mealing and this area being segmented off as compared to the whole City of Homer:
He conceded that the berm may move at some further date, an engineering issue, and the wall may need to be extended so that, ecologically, the berm is protected on the Spit.
Larry Goode, regarding Resolution 01-22, continued with what Paul Heuper's comments. He reported that the property owners have talked to a couple of engineers the last couple of weeks, who came to Homer, with contractor(s) and reviewed the project. Both engineers discussed being able to lay the wall down on both ends of the project to prevent further damage/erosion going to the left or the right. He relayed that at the neighborhood meeting last week the District Soils Conservationist, Mark Kinney, came and showed areal photos of the bluff area and pointed out that if the erosion continues without any control it will eventually take part of Ocean Drive Loop. Mr. Goode showed these same areal photos and maps and that it is clear that the ocean is trying to form a natural ark/half moon shape and is working to complete that pattern through the erosion process. The maps were from 1954, 1976, 1984/86 and 1996. He advised that an engineer was on site today with a contractor and they believe that they can do the project for the current assessment figure, $400 - $450 per foot. He stressed that this is not a band aide job and yes, Homer is a coastal city. He concurred that there are a lot of things that need to be done and that this is one step out of many. He thanked Councilmember Kranich and the City Clerk for attending their meetings and assisting with this project. Mr. Goode urged the Council to adopt the Resolution, adding that their help is needed. He emphasized that the property owners are willing to do what it takes to get this erosion controlled and that they are asking the Council to lead the way in low interest financing.
Douglas Alaniva, regarding Resolution 01-22, advised that when he purchased his property, two years previously, on the Ocean Drive Loop Bluff he was told that there had been nine feet lost in the previous nine years, emphasizing that an additional nine feet has been lost since he has lived there. He noted that he is in a bad position with the erosion, although not as bad as some others. He reported that he spends a lot of time and energy maintaining his bluff area. He told the Council that he has a lot more respect and a better understanding for what the Council does and for what they go through, because just this one issue has required a lot of his time. Mr. Alaniva stated that the Ocean Drive property owners are asking the Council to help them, help themselves. He voiced his amazement at the power of the ocean and the size of the armor rock/boulders that it can remove. He emphasized that he cannot afford to do what needs to be done. He relayed that those that can afford to work on their area have affected the property on the sides of them, which is why the property owners got together to affect a solution that can be afforded and is a more permanent solution.
RECONSIDERATION
A. Memorandum 01-18, from City Clerk, Re: Yourkowski Notice of Reconsideration on Ordinance 01-09(A), Of the City Council Amending Homer City Code Chapter 14.08 to State the Authority of the City Council to Limit or Terminate the Sale of Water for Export or Consumption Outside the City's Certificated Water Service Area.
Recommendation: Move for the reconsideration of Ordinance 01-09(A).
YOURKOWSKI/CUE - MOVED FOR THE APPROVAL OF THE RECOMMENDATION OF MEMORANDUM 01-18.
Councilmember Yourkowski explained that he had called for reconsideration to facilitate more public input and for the City Attorney's input to clarify the ordinance.
VOTE: YES: CUE, YOURKOWSKI, MARQUARDT.
NO: LADD, KRANICH.
Motion failed. Ordinance 01-09(A) will not be reconsidered.
CONSENT AGENDA
(Items listed below will be enacted by one motion. If separate discussion is desired on an item, that item may be removed from the Consent Agenda and placed on the Regular Meeting Agenda at the request of a Councilmember.)
A. Homer City Council regular meeting unapproved minutes of March 12, 2001. Recommend approval.
B. Ordinance 01-12, Of the City Council of Homer, Alaska Authorizing a Right-of-Way Acquisition on Parcel 179-061-01 to the Alaska Department of Transportation and Public Facilities for the East Road Rehabilitation Project in the Amount of $1,575.00, Accepting the Purchase Price and Allocating it to the Land Bank Fund, and Authorizing the City Manager to Execute the Appropriate Documents Including the Memorandum of Agreement, Warranty Deed and Purchase Voucher. City Manager. Fiscal Note: $1,575 to Land Bank if Ordinance 01-11(A) is adopted. Recommend adoption for Introduction and First Reading 03/27/01, Public hearing 04/09/01 and Second reading 04/09/01.
C. Ordinance 01-13, Of the City Council of Homer, Alaska Amending Homer City Code 3.16.080, Local Bidder Preference, Establishing a Preference for Award of Contracts to Local Bidders. Local Bidder Preference. Yourkowski. Recommend adoption for Introduction and First Reading 03/27/01, Public hearing 04/09/01, Second reading 04/23/01.
Memorandum from City Manager as backup.
Pulled from the agenda under Agenda Approval.
D. Ordinance 01-14, Of the City Council of Homer, Alaska Accepting and Appropriating An Alaska Highway Safety Office Grant in the Amount of $5,103.00 for the Purchase of Portable Breath Test Devices and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. HPD. Fiscal Note: Revenue Acct: 151.4520.739 and Expenditure Acct: 151.5901.739. Recommend adoption for Introduction and First Reading 03/27/01, Public hearing 04/09/01, Second reading 04/09/01.
Memorandum from Chief of Police as backup.
E. Ordinance 01-15, Of the City Council of Homer, Alaska Accepting and Appropriating an Alaska Department of Safety Highway Safety Grant in the Amount of $20,304.00, Appropriating the City's Match of $16,590.85 to Provide for Traffic Safety for Summer Coverage and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. HPD. Fiscal Note: Revenue Acct: 100.4514.030 and Expenditure Acct: 100.5105.160. Recommend adoption for Introduction and First Reading 03/27/01, Public hearing 04/09/01, Second reading 04/09/01.
Memorandum from Chief of Police as backup.
F. Resolution 01-17, Of the City Council of Homer, Alaska Awarding the Bid for the Public Works Department Mid Size 4x4 Pickup Truck FOB Homer, Alaska to the Firm of Alaska Sales and Service, Inc. of Anchorage, Alaska in the Amount of $19,180.00 and Authorizing the City Manager to Execute the Appropriate Documents. PWD. City Clerk. Fiscal Note: PWD Fleet Acct: 152.5902.383, $22,000 budgeted. Recommend adoption.
Memoranda from Public Works as backup.
G. Resolution 01-18, Of the City Council of Homer, Alaska Approving an Extension to Perotrovich, Nottingham and Drage Agreement with the City of Homer for Professional Engineering Services for the Small Boat Harbor Repairs and Renovation Project, for Construction Management in the Amount of $240,555.00 and Authorizing the City Manager to Execute the Appropriate Documents. PWD. City Clerk. Fiscal Note: Project No. 415.906. Recommend adoption.
Memorandum from Public Works as backup.
H. Resolution 01-19, Of the City Council of the City of Homer, Alaska Requesting the US ACOE to Conduct a Reconnaissance Study to Determine the Feasibility of Developing a Small Navigation Improvement Project Consisting of a New Harbor Basin at Homer Harbor, Under the Authority of Section 107 of the River and Harbor Act, as amended. PH. City Manager. Fiscal Note: Non fiscal impact to the City. Recommend adoption.
Memorandum from PH Director as backup.
I. Resolution 01-20, Of the City Council of Homer, Alaska Awarding the Proposal for Professional Planning and Engineering Services for the 1.0 MG Water Storage Improvement to the Firm of CH2M Hill of Anchorage, Alaska in an Amount not to Exceed $100,000.00 and Authorizing the City Manager to Execute the Appropriate Documents. PWD. City Clerk.
Fiscal Note: Project No. 215.814 for Grant of $72,000 and City's Match from 215.378 of $27,253. Recommend adoption.
Memorandum from Public Works Director as backup.
J. Memorandum 01-19, from Road Standards Committee, Re: Request ADOT to Re Asphalt Lower Lake Street this Year. Recommend approval.
K. Memorandum 01-20(S), from Road Standards Committee, Re: Recommend Crosswalks on Sterling Highway and Pioneer Avenue. Recommend approval.
L. Memorandum 01-21, from City Manager, Re: Request for a Parking Task Force. Recommend approval.
M. Memorandum 01-22, from City Clerk, Re: Request for Executive Session, Pursuant to AS 44.62.310(c)(1), Matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the public entity. Fire Service Area and Potential Real Estate Transactions. Recommend approval and conduct under New Business.
N. Memorandum 01-23, from Mayor, Re: Appointment of Sheri Hobbs as Homer's Elected/City Official Representative on the EDD and Mayor Cushing as her alternate. Fiscal Note: Travel Expenses from 100.5236-5237.112 and 100.5236-5237.100. Recommend confirmation.
YOURKOWSKI/CUE - MOVED FOR THE APPROVAL AND/OR ADOPTION OF THE RECOMMENDATIONS OF THE CONSENT AGENDA.
VOTE: YES: KRANICH, CUE, LADD, YOURKOWSKI, MARQUARDT.
Motion carried. Mayor Cushing will forward names for the Task Force at the next meeting.
VISITORS
ANNOUNCEMENTS/ PRESENTATIONS/ BOROUGH REPORT/ COMMISSION REPORTS
PUBLIC HEARING(S)
A. Ordinance 01-11(A), Amending Title 18 of the Homer City Code to Require an Inventory and Classification of City Real Properties, to Create a Homer Land Bank and Designate Real Property Classified for Disposal as Homer Land Bank Property, and to Delete the Lease Negotiating Committee and Establish a Land Management Committee; and Further Amending Chapter 3.05 of the City Code to Create in the General Fund a Land Bank Fund to Receive Proceeds from the Sale of Homer Land Bank Properties and Requiring that such Funds are to be used for the Acquisition of Real Property or Improvements Necessary to Protect the Property or its Value. Reviewed by Council and Advisory Bodies. City Manager (First Reading 03/12/01, Public Hearing 03/27/01, Second Reading 04/09/01).
Nancy Lord reiterated some of the concerns that she has had all along with the way this ordinance is drafted. She stated that this ordinance is not what has been represented to the public nor is it what the Council thinks it is. It is inaccurate to call it a land bank and some people were taken in by that phraseology early on and liked that concept. She advised that the concept she likes is having a way of doing an inventory classification of City properties and to sell some of those properties in order to be able to purchase other properties that might consolidate holdings or better meet the public needs. She emphasized that this is not what this ordinances does, it is more of a land disposal ordinance. Ms. Lord pointed out the following:
She requested that the Council consider sending this ordinance back to the drawing board if they agree with her that it does not seem to do as represented. She relayed that Barb Seaman, Kachemak Heritage Land Trust and Town Square Committee, had not been apprized of this ordinance, that Ms. Seaman had expressed a keen interest in this issue and asked for more time before this is adopted. Ms. Lord expressed her opinion that both groups had a lot to contribute toward this ordinance.
Mayor Cushing called for a recess at 8:29 p.m. reconvening the meeting at 8:47 p.m.
ORDINANCE(S)
A. Ordinance 01-09(A), Of the City Council Amending Homer City Code Chapter 14.08 to State the Authority of the City Council to Limit or Terminate the Sale of Water for Export or Consumption Outside the City's Certificated Water Service Area. Mayor. Kranich. Yourkowski. (First Reading 02/12/01, Public hearing 02/26/01, Second reading 03/12/01, Reconsideration if approved, 03/27/01.)
RECONSIDERATION FAILED, therefore there was no further action on Ordinance 01-09(A).
CITY MANAGER'S REPORT
A. City Manager's Report (Ice/Crane time.)
B. Bid Report from City Clerk
C. Records Report from City Clerk
Everyone wished Councilmember Fenske well and a quick recovery from his knee surgery. There was a question regarding inactivated records for the port and harbor marked as contracts for the Deep Water Dock. City Clerk Calhoun advised that these are subject files and that the City Clerk's files are the originals and that these particular documents are currently being inactivated.
COMMITTEE REPORT
A. Beach Policy Task Force
Councilmember and Co Chair Yourkowski gave a brief report regarding the field trip and meetings. The next meeting is scheduled for this Thursday, March 29th at 7 p.m. in the Council Chambers. Each member of the Task Force will be submitting their recommendations for discussion and final recommendations are planned to be forwarded to the Council for the second meeting in April.
B. Road Standards Committee
Councilmember and Co Chair Marquardt advised that their next meeting is April 2nd at 7 p.m. and the agenda will be set this week.
C. Water and Sewer Standards Committee
Councilmember and Committee member Cue reported on the Committee's support of Resolution 01-21, that public input was received and that the last Committee agenda had been amended to provide for public comment. She thanked administration for all of their efforts regarding this Resolution.
City Manager Drathman pointed out that the Memorandum from Councilmember and Committee Chair Fenske, on page 309 of the packet, recommends postponement of the Resolution to April 9th to facilitate greater public awareness and input.
PENDING BUSINESS
NEW BUSINESS
A. Executive Session, Pursuant to AS 44.62.310(c)(1), Matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the public entity. Fire Service Area and Potential Real Estate Transactions.
Mayor Cushing recessed the regular meeting at 8:56 p.m. Council returned to Chambers at 10:06 p.m. and Mayor Cushing reconvened the Regular meeting at 10:13 p.m.
Councilmember Marquardt stated that the Council met in Executive Session and discussed the KES ongoing contract negotiation issues and no action was taken. He further stated that the Council also met in Executive Session to discuss potential real estate transactions and no action was taken.
RESOLUTIONS
A. Resolution 01-13, Of the City Council, of the City of Homer, Alaska Amending the Procurement Policy and Procedures Manual. Finance. Postponed on March 12, to March 27, 2001. Substitute provided for amendment. Main Motion as postponed is on the floor.
MAIN MOTION IS ON THE FLOOR AS POSTPONED: FENSKE/CUE - MOVED TO ADOPT RESOLUTION 01-13 BY READING OF TITLE.
There was no discussion.
YOURKOWSKI/CUE - MOVED TO AMEND RESOLUTION 01-13 BY SUBSTITUTING RESOLUTION 01-13(S) AND THE ATTACHED AMENDED PROCUREMENT MANUAL.
VOTE:(primary amendment 1.) YES: YOURKOWSKI, MARQUARDT, KRANICH, CUE, LADD.
There was no discussion.
Motion carried.
VOTE:(main amended motion) YES: MARQUARDT, KRANICH, CUE, LADD, YOURKOWSKI.
Motion carried.
B. Resolution 01-21, Of the City Council of the City of Homer, Alaska Amending the Assessment Methodology for Pending Water and/or Sewer Improvement/Assessment Districts to 50% Property Owner Share and 50% City Share of the Total Project Costs and Amending the Assessment Methodology for Future Water and/or Sewer Improvement/Assessment Districts to 75% Property Owner Share and 25% City Share of Total Project Costs. City Manager. Water and Sewer Committee.
Memoranda from Councilmember/Water and Sewer Standards Committee Chair Fenske City Manager and from the City Manager.
LADD/KRANICH - MOVED TO POSTPONE RESOLUTION 01-21 TO APRIL 9, REGULAR COUNCIL MEETING.
Council noted that this postponement is to facilitate greater public awareness and to provide for more public comment time.
VOTE: YES: LADD, YOURKOWSKI, MARQUARDT, KRANICH, CUE.
Motion carried.
C. Resolution 01-22, Of the City Council of the City of Homer, Alaska, Authorizing the Formation of the Ocean Drive Loop Bluff Erosion Control Improvement/Assessment District, Recognizing the need for Immediate Action, Authorizing the City Manager to Proceed with Identifying and Obtaining Funding and./or Funding Assistance and to Proceed with the Preparation and Construction of said District as Expeditiously as Possible. Kranich. City Clerk.
Memorandum from the City Clerk as backup.
KRANICH/MARQUARDT - MOVED FOR THE ADOPTION OF RESOLUTION 01-22 BY READING OF TITLE ONLY.
Councilmember Kranich noted the chronology in the packet to show that the citizens have worked hard to get something initiated and moving to try to protect their properties. He commented that the first attempt for this district failed and that the property owners reworked the size of their district and did obtain more than a majority of non objection and support. He advised, after visiting the site, that it is evident that there is a bunch of property that is unbuildable, unless on piling, because of the erosion and the required twenty foot set back from the right-of-way. He emphasized that something has to be done, that these property owners realize that this has to be a unified effort and that the whole thing has to be done or nothing. He commented that if nothing is done these people will about have to pack their bags and leave. He urged the Council to support these people by passing this resolution. Mr. Kranich reiterated that these property owners realize that it is very likely that they will be paying one hundred percent and that they are willing to accept the financial liability. When the property owners are willing to band together and accept one hundred percent of the liability then it behooves the Council to support this effort and carry it forward.
Councilmember Marquardt applauded the tenacity of this group and their efforts to make this improvement become a reality. He voiced appreciation for the group effort as a neighborhood working together for a common goal, adding that they are setting a good example for other neighborhoods and other local improvement districts (LIDs), as such, to follow.
Mayor Cushing asked Larry Goode to thank the folks for their good tenacity. He asked that the Council not be blamed for the district not passing the first time and that, clearly, the property owner votes were not in favor of that project. He noted that the property owners turned this right around and made the district a size where they got the votes in favor of the project. He stated that it will be a challenge to find funding and/or loans and that the property owners have made it easy for the City.
VOTE: YES: LADD, YOURKOWSKI, MARQUARDT, KRANICH, CUE.
Motion carried.
COMMENTS OF THE AUDIENCE
Mary Griswold thanked the Council for considering the KES contract proposal again tonight. She and encouraged the Council to contact her if there are any questions she could help to answer or to participate in any discussions that they would like to entertain.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans had no comment.
COMMENTS OF THE CITY CLERK
City Clerk Calhoun wished John Fenske a "get well soon".
COMMENTS OF THE CITY MANAGER
City Manager Drathman had gone home. Acting City Manager Baugh was filling in and had no comments.
COMMENTS OF THE MAYOR
Mayor Cushing suggested, with Council concurrence, that Council provide their project priorities tonight for the City Manager. He stated that his main priorities are erosion issues and steep slope issues.
COMMENTS OF THE CITY COUNCIL
Councilmember Cue advised that her top priority is the Animal Shelter, then erosion and steep slope development, and next are the City beaches and the future of City beaches.
Councilmember Kranich suggested that the City continue to look at whatever means necessary to utilize for utility expansion, and to continue to expand and upgrade the City's system of roads at a level up to City standards for, preferably, providing year round maintenance and, at a minimum, winter maintenance. Both of these would create a better quality of life for most City residents. He advised that his top priority regarding utility expansion is to make sure the under ground utility infrastructure is incorporated into the reconstruction project on East Road.
Councilmember Marquardt thanked the Council for supporting the Road Standards Committee Memoranda 01-19 and 01-20(S). He voiced agreement with Councilmember Kranich regarding utility extensions and improvement of roads in certain neighborhoods that have been occupied without decent roads for a number of years. He stated that there are some basic quality of life issues that need to come first before some of the other things. Comprehensively, these all need to be addressed and the City has the means to do that. He expressed his desire to see the City follow through on some of the matching grant proposals, adding that some of these are coming up against deadlines, such as the new Library and Animal Shelter, before creating any new projects.
Councilmember Yourkowski stated that most of his priorities are Planning issues, such as site development permits and wetland issues. He voiced his opinion that administration should focus on making sure that the construction projects, scheduled for this construction season, are well run. He advised that his next priority is Kachemak Bike Path.
Councilmember Ladd offered his top priority as the proper location of the water reservoir and the delivery of water throughout the City and number two priority would be the steep slope development, erosion and encroachment on slopes. He stated that in the next few months he wants the City to review the degree encroachment is going to be allowed on slopes. He commented that he looks forward to the dock being completed in a successful manner, which will be a boon to the community and encourage businesses. He voiced his agreement that roads are very important, adding that West Soundview, a new road adjacent to West Homer Elementary, is already falling apart. He noted that the weather this winter has been horrendous and disastrous for the highways. He reported about a poll in USA Today, 1997, that lists some of the percentages of levels of trust of various organizations in our society that citizens have around the country:
He voiced his desire that the City work toward stronger communications and public relations with the populace. He encouraged everyone to come to the Council, work with the various committees and become partners with the government here in Homer.
Mayor Cushing added that he would like to see the sewer holding tank policy forwarded on for houses in town, the whole thing that Council already acted on.
Councilmember Marquardt stated that he was out of state last week, in Oregon, and noted that there are a lot of skateboard parks in many communities and that he saw a covered, refrigerated ice rink that was fairly simplistic and operating in 70F weather. He commented that he would like to see some momentum regarding the skate board parks and will ask the Administration to get in touch with couple of the communities to obtain plans or diagrams and information on how successful these communities have been regarding skateboard parks. He voiced his opinion that there are some solutions that are not grandiose for the ice rink.
Councilmember Yourkowski voiced support of the Library project. He voiced dissatisfaction that the reconsideration had failed and that this was discourteous. He said to Councilmember Ladd that he did not think he understood what the vote was, and asked Councilmember Kranich for an explanation regarding his vote. He stated that the issue was one of stifling open discussion.
Councilmembers Kranich and Ladd both responded in support of Ordinance 01-09(A).
Some discussion followed.
ADJOURNMENT
There being no further information to come before the Council the meeting was adjourned at 10:59 p.m. The next regular meeting is scheduled for April 9, 2001 and the Committee of the Whole meets at 4 p.m. on Monday, April 9, 2001. Beach Policy Task Force Meeting Thursday, March 29 at 7 p.m. Ocean Drive Loop Neighborhood meeting Monday, April 2 at 5 p.m. Road Standards Committee Meeting Monday, April 2 at 7 p.m.
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MARY L. CALHOUN, CMC, CITY CLERK
APPROVE: __________________________