Session 03-10, a Regular Meeting of the Homer City Council was called to order at 7:30 p.m. by Mayor Jack Cushing at
the Homer City Hall Council Chambers located at 491 E Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.
The Council met in Worksession from 3:03 to 4:00 p.m. with DOT's Regional Planner, Rex Young. The Council met as a
Committee of the Whole from 4:05 p.m. to 6:00 p.m. Items discussed were the Regular Meeting Agenda Items and Land
Allocation Issues.
PRESENT: COUNCILMEMBERS: BECK, FENSKE, LADD, STARK.
STAFF: CITY MANAGER WREDE
CITY CLERK CALHOUN
PUBLIC WORKS DIRECTOR MEYER
ABSENT: COUNCILMEMBERS: KRANICH, YOURKOWSKI.
AGENDA APPROVAL
(Addition of items to or removing items from the agenda will be by unanimous consent of the Council. HCC 1.24.040.)
The agenda was approved by consensus of the City Council with the following changes: Memorandum 03-83, from City
Manager regarding the reconsideration, Memorandum 03-70 from Planning noting the results of the proposal on the Bridge
Creek Watershed Imagery and GIS Acquisition and requesting that Resolution 03-65 be pulled off of the agenda,
Substitute Resolution 03-66(S) with substitute backup memorandum 03-71(S), Substitute Resolution 03-69, Latest fax alert
from AML as backup to Resolution 03-71, and Resolutions 03-72 and 03-73 with Memorandum 03-81 were pulled from
this agenda and placed on the May 27th agenda.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
The public may comment upon all matters on the agenda with the exclusion of Public Hearing matters Ordinance
03-23(A), Enforcement of Zoning Code Violations, Ordinance 03-24,Appropriating up to $30,000.00 for the Small Boat
Harbor High Mast Project from the Port Reserve Fund and Ordinance 03-25, Limit the Size and Dimensions of Buildings
Used Primarily For Retail or Wholesale Business.
Joy Stewart, Library card holder and member of the Friends of the Library, thanked the Council for their support, to date,
of the Library project. She encouraged the Council to move forward with the Library Project in a very timely fashion. She
emphasized that a location and design for the Library Project are especially important when applying for foundation
funding for the Library Project. As Director of the Homer Foundation, Ms. Stewart reported that she has provided technical
support to the Library Capital Campaign and that the Foundation made a fifty thousand dollar commitment to the project,
with the timing of the award calculated to publicize the Library Project to outside foundations and funding sources. She
shared her enthusiasm and excitement of watching the energy of the Capital Campaign people and with the overwhelming
response from the community. She voiced her disappointment with Petro Marine pulling out of the negotiations. Those
involved in the capital campaign responded with a quick and very thorough evaluation of the remaining options. She voiced
her support of the Hazel Avenue parcels as an excellent location and that she would not be alone in saluting the Council's
wisdom and foresight in allocating space not only for a Library, but for parking, green space and future library expansion.
She emphasized that there is not a major foundation that will take this project/campaign serious without a site and design.
The volunteers and the community deserve Council's support
In response to Council query Ms. Stewart reported that the deadlines for applying for foundation funding varies and that the
Rasmuson date is August and to meet that deadline there needs to be a site and plan.
Dave Raskin thanked the Council for this opportunity to address them. He advised the Council that he is his wife, Marga,
are active volunteers in the Library Campaign and are pioneer donators to that campaign. He commented about Haines,
Alaska getting a new Library and that if they can do it Homer can build a Library that will adequately serve this
community. He encouraged the Council, echoing Joy Stewart, to move expeditiously and that the Hazel Avenue properties
are an excellent location, will serve the public well, has a great deal of traffic where people visit regularly the post office,
the banks, and the market. This would be an ideal place for a library, because people could easily drop in as well as provide
a place for their children to further their education while they take on less interesting chores in the surrounding businesses.
Peggy Ellen Kleinleder testified in support of Resolution 03-69, rights and liberties of the City of Homer. She noted that
she is a Quaker, a pacifist and a member of Kindness Without Borders, a local activist group, which opposes the US lead
invasion and occupation of Iraq. She pointed out that under the Patriot Act, she has a good chance of being considered a
member of a terrorist organization, which seems bizarre. She commented that she would be grateful for Council supporting
her Civil Rights, especially for free speech, privacy and the right to peaceably assembly. She emphasized that the Country
cannot survive as a democracy unless these rights are protected. She also voiced support of the Resolution limiting the
powers of the APOC.
Jack Lentfer addressed the Council regarding the site for the Library, interjecting that he and his wife are lead donors in the
Library Capital Campaign and that they think as the previous speakers. He emphasized the importance of keeping moving
forward on the project, that a site is needed to continue the Capital Campaign and that the eight lots on Hazel Avenue are a
good location. This site would provide room for the Library now and for expansion, has room for a lot of green belt and
trails, which could link with the City's Poopdeck Trail and City's Town Square. The other site under consideration is the
university. The idea now is to obtain the university land through a trade and it is unknown how long that will take, this land
is not developed and access and utilities are not in place as on the Hazel Avenue site. He urged the Council to go ahead and
select the Hazel Avenue parcels.
Darlene Hildebrand, member of Kindness without Borders, voiced her support of Resolution 03-69, to defend the civil
rights and liberties of the people of Homer. She especially thanked Councilmembers Beck and Yourkowski for introducing
this Resolution, which is very important, adding that a lot of cities around the Country have introduced various Resolutions
and that this is something of which to be proud. She voiced apprehension with the Patriot Act, which was quickly passed
after 911, about a month and a half later, a time when most people in the country were in shock over what had happened in
New York and not a time to make very big decisions. She pointed out that everyone was very busy, did not have the time
or energy to scrutinize the bill and that, for her, there are many things she is deeply concerned about in this Patriot Act. She
reported that a number of Congressmen felt that they did not have an chance to review this. The Patriot Act and the
associated Executive Order put big holes in the democratic process by undermining the rights guaranteed under the
Constitution of the United States. One of things this Act has done is create a new crime called, domestic terrorism, which is
so broadly defined that it could be conceivably applied to acts of civil disobedience. She asked the Council to take a
moment and recall eight grade civics, the tea party, and the civil rights movement in the sixties, which would be considered
a crime under the Patriot Act. She wondered where the Country would be without these kinds of actions. Part of the Patriot
Act under the Justice Department has dismantled the regulations that were put in place, after the civil rights movement and
the peace movement, for protection. She emphasized that under the Patriot Act these things go backward, that under the
Patriot Act and related legislation non citizens can be deported or detained indefinitely without any judicial appeal or phone
calls. Ms. Hildebrand urged the Council to pass this Resolution and encouraged peopled to educate themselves, become
aware of these things and take action to protect their rights and the rights of others. She shared the essential message of a
poem: They came for the Jews, and I did nothing. They came for the blacks and I did nothing. They came for the Moslems
and I did nothing. And then they came for me.
Patrick Houlihan voiced his support for a round about at the intersection of Lake Street and the Sterling Highway. A well
designed round about keeps traffic flowing better than signals, it is safer for pedestrians and motorists, the number and
severity of accidents is reduced, and the costs are lower, especially long term. He reported that the cost of maintaining a
single traffic light in Anchorage, including electricity, is fifteen thousand dollars per year according to Alaska DOT
estimates. The July 19, 2001 Homer News reported that electronics and hookups for a traffic light would cost two hundred
thousand dollars. A round about cost is not yet determined, but the annual maintenance expenses would certainly be less
than traffic lights. Given that round abouts are safer for motorists and pedestrians then traffic lights, what is the value of
lives saved or injuries avoided, even if a round about does cost more initially. Although a light will be quicker to install, the
most sensible safety solution for the Lake Street and Sterling Highway and possibly other intersections as well is a round
about. The summary on the New York State Dot Website: Summary: "The number of round abouts constructed in the US is
relatively small. Those that are currently in operation have been reported to be performing favorably when compared with
conventional controlled intersections, stop signs or signals in terms of improved safety, shorter delays, increased capacity
and improved. aesthetics. Early results generally indicate that round abouts have resulted in overall reduction in the number
and severity of accidents despite the initial concern that the lack of familiarity with this type of intersection would lead to
driver confusion. He noted the site, alaskaroundabouts.com in addition to the New York website. He thanked the Council
for their time and consideration. He commented on the Patriot Act that it is a massive piece of legislation and includes
provisions not related to terrorism or patriotism. He noted that, specifically, it denies citizens the right to sue drug
manufactures in cases where they feel they have been harmed by vaccines containing mercury. He noted that there was just
some junk through into the Patriot Act. He echoed those who spoke before him, adding that this legislation needs some
reworking and that he supports Resolution 03-69.
Sharon Whytal, member of Kindness without Boarders, advised that she is present to speak about the Patriot Act and that
she has nothing extra to add, that it is a well worded Resolution that she supports. One of the Resolution's best features is
that it is an opportunity, perhaps the only opportunity in history, to have Democrats, Republicans, Greens and Libertarians
come to together to agree on something. She emphasized that Alaskans are pretty universally supportive of rights to privacy
and civil liberties. She thanked the Council for introducing this Resolution.
John (Jake) McLay, property owner in the West Lakeshore Water and Sewer district, commented on Resolution 03-65 and
that he had turned in a letter to the City Clerk for the Council's consideration. He noted that he just recently learned, since
the last Council meeting, about vacating lot lines, that he has two small lots in the district and would like the Council to
grant him the time to combine those two lots so that he has only one assessment. He told the Council that he is on a fixed
income and that the assessments are too steep to pay.
Ken Castner commented that Frank Zappa said that the only people he could find to agree with him were people who
already agreed with him, that changing people's minds was a very difficult task. He relayed this in regard to people trying
to get him to change his mind about the Library Site, to subscribe to some of the dreams that others have about what the
Town Center could be. He said that he could be a dreamer, but with a sense of reality in that the Town Center here is not
going to be like the ones back in New England and will be a lot like what is happening along Hazel Avenue, with
development along the Sterling Highway and behind it some mixed uses, well planned or poorly planned. He did not agree
with holding the Hazel Avenue lots hostage for the new Library or the Library hostage to them. He voiced his desire to see
the Library project move along and that he is willing to put in the time and energy for the rest of the undeveloped property
between Heath and Main, but would really like to see the Library surveyed. He informed the Council that he is a proponent
of one way traffic between Pioneer, along the Sterling Highway East to Lake Street, North on Lake Street to Pioneer and
the West on Pioneer to the Sterling Highway so that the entire center of town is one way traffic. Heath, Main and Greatland
would be two way streets. This would keep everything moving, everything flowing, no stop lights and it is a couplet
design, like a big round about. He voiced his opionion, after living through the Bypass episode, that if one stop light is put
in, there will be four more. He encouraged investigation of alternate methods of moving cars around.
Kate Finn thanked Councilmembers Beck and Yourkowski for bringing up Resolution 03-69. She encouraged people to not
lose sight of what is being given up in the name of freedom as opposed to safety, emphasizing that there is nothing safe
about the Patriot Act, which weakens and in some places completely eliminates freedoms and protections that were under
the Bill of Rights. The Patriot Act stands for - Providing Appropriate Tools Required to Intercept and Obstruct Terrorism.
She voiced her opinion that everyone wants the Federal Government to work toward intercepting and obstructing terrorism,
but there is danger in the, very subjective, words "appropriate" and "required". Look at four of the amendments of the Bill
of Rights; freedom of speech, press, the right to assemble peaceably and petition the government for redress of grievances,
right to privacy, due process of law - right to a speedy trial, to be informed of the accusations, confronted by witnesses and
assisted with counsel; and see what is appropriate and required to alter the intent in the way of the Patriot Act. Domestic
Terrorism is defined to include any activity that appears to be "intended to influence the policy of the government by
intimidation or coercion." She voiced concern about the last two words, which are not defined and wondered if intimidation
is women in black standing on the corner, does this mean one cannot protest at the White House in Washington, D.C. Ms.
Finn emphasized that regulations were put in place for protection against abuses and that these regulations are being
dismantled. The FBI is authorized to search your home with no one present. The "sneak and peek"policy is authorized. The
Patriot Act allows the Attorney General, Secretary of Defense and CIA to label citizens and non citizens alike as enemy
combatants and to place them in military custody with no outside communications and/or judicial review of charges denied.
She voiced her opinion that this is just the tip of the iceberg. The enforcement of the Patriot Act can be extremely arbitrary,
invasive and is in absolute counterpoint with the Bill of Rights. She applauded the Resolution, which is written very well,
but, from her point of view, does not go far enough. She relayed what some other communities are doing. She encouraged
the Council to pass this Resolution and make the statement clear.
Elizabeth Neumann voiced her support of Resolution 03-69 and that she thought the Council Chambers would be packed.
There are a lot of people who don't know what is happening. She said that she would hate to see Homer, this sweet little
place, become a police state. She thanked the Council for the Resolution.
Sue Post commented about Alaskans being quite independent, with many strong feelings and are quite slow to accept
changes. She reported that the first time she came to a roundabout was in New Zealand, she was very skeptical and did not
understand how it worked, at all. She emphasized by about the third round she was a total convert and really saw how these
worked. She voiced her thought that this would be a great option for Homer, adding that Homer is the right town for
accepting this and encouraged the Council to look at this a bit farther. She shared her fear that once there is one traffic light
there will be a need for four or five. She told the Council that she also likes Ken Castner's idea. She encouraged the Council
to look at the eight parcels on Heath Street for the Library and that the time is right for Homer to have a new modern
library. She thanked the Council for their time.
Toby Wheeler addressed the Council regarding Resolution 03-69 that one of the things that really struck him was the
ability of the Federal Government to access what books he's checked out of the Library, which seems outrageous. He
reflected on history and how the authors of the Constitution might consider this. He acknowledged the 911 attack, adding
that it is not the first time, citing the 1812 burning of the White House by the British or the Canadians. He voiced his belief
that a bird in the hand is worth two in the bush, therefore, supports the Hazel Avenue site. He shared his first experience
with round abouts in Italy and that it took him more than three to get it down, but does strongly recommend these as a great
solution. A nice planting can be placed in the round about part and it won't cost electricity, but gardeners would have to be
paid.
Al Waddell advised that he owns the property, with the gift shop, on the corner across from McDonald's and that he is the
one that had the State of Alaska put in the traffic lights and the underground utilities are there because of him. He said that
the lights work well in Kenai and Soldotna and every where else in the United States of America and probably would work
here. He shared his experience with round abouts in Dawson Creek, where he got T-Boned in the side by School Bus. He
commented about Chevy Chase movie about a vacation in Europe where he keeps going around in circles. He voiced
concern with educating the public about round abouts. He suggested that if Lake Street would work well with a round
about, how about the Pioneer Avenue Lake Street and Sterling Highway intersections, and asked if Homer will need six. He
commented that once all these nice new round abouts go in, which take up more space, pretty quick there will be no
commercial buildings, and that he guessed all would have to go to Soldotna for that. He strongly suggested that something
be done quickly at the Lake Street and Sterling Highway intersection, fearing that someone is going to get hurt seriously or
killed. He expressed the same for the Pioneer Avenue and Sterling Highway intersection, kind of a blind intersection.
Maryclare Foeke advised that she comes from a land of round abouts, France, something not black and white like a stop
light and waiting when no one is on the horizon anywhere. The beauty of a round about is that it, not only provides an
expeditious journey, also gives you a chance to go around and around and figure out what exit you want. It is an amazing
system. She commented that the Patriot Act is bone chilling and spoke in favor of Resolution 03-69 for the civil rights and
people in Homer. She said that she is terrified when looking at the research done that has been done that looks at how the
country is moving in a parallel fashion to the rise of fascism in Hitler Germany. She urged anyone who wants to review the
bone chilling information to call her and she will share what she has been reading. She voiced being in favor of the Library
project moving forward in as expeditious a process as possible, therefore, if the eight lots is what it takes then she is in
favor of that as well.
Konrad Schaad shared his experience with round abouts in Switzerland, that lately the Swiss have replaced traffic lights
with the better looking round abouts that promote fluid traffic at intersections. He suggested that for the Swiss to tear
something down and put something else in its place it has to be worthwhile. Regarding the Patriot Act, he stated that he
thinks it is time to become Patriots and stand up for the rights we have or used to have and make an statement and oppose
this Patriot Act, which is the least patriotic thing in this country happening right now.
Dave Bellmonte inquired if the Council has an Ordinance for handicap ramps at public places of business? He asked if he
could ask a question and responded to the Mayor's inquiry that a lot of places need fixed. He said that he would like to see
more handicap ramps and that he would like to see the Ordinance enforced that he believes exists. Not just for new people.
He told the Council that they are giving slack to the older buildings saying that they have grandfather rights. He encouraged
the Council to consider grandfathers who need handicap ramps. What is good for the goose is good for the gander. Make
them all comply. Give them six months or a month, whatever is fair and make them build handicap ramps. He suggested
that junk yards be cleaned up that are sore eyes to the tourists that come through this town, there is a lot of junk out there.
Make them build fences or whatever you have to do. There must be an ordinance on this too. Build a fence around these
junk yards. He relayed conversation with the tourists that think Homer has a beautiful scenery, but that they don't like what
they see when driving the roads around town.
Jeanne Parker spoke in favor of Resolution 03-69 in opposition of the Patriot Act, for all those reasons stated. She
commented that it is scarey these days and this is about the only thing we can do so we better do it. Round abouts sound
like a wonderful idea.
Donna Beran encouraged the Council to pass Resolution 03-69, agreed with the comments so far, that she can't make it any
better and thanked Councilmembers Beck and Yourkowski for Resolution 03-69. She echoed Konrad Schaad, that it is
patriotic to stand up and say no to this kind of stuff that is being crammed down our throats. She told the Council, regarding
round abouts, to go for it and that if something has to be done about the traffic then she supports round abouts over traffic lights.
Steve Gibson, regarding the Patriot Act, voiced his belief that it is really important and critical to remember to preserve
those things we want to defend before we destroy them. He told that Council that if they vote in favor of Resolution 03-69
they are on the right track to defending those things that are essential and important. We can best show an example to other
countries in the world by demonstrating defense of those freedoms and liberties that are so important to us. He too shared
his experiences with round abouts in Europe and Africa. He commented that it may stretch the imagination to conjure up
the image of two to five fairly heavy streams of traffic converging in one place with noone stopping. Round abouts are far
superior. The traffic moves slowly enough that one can wave to another person in a car. He suggested that Homer preserve
its reputation for wacky open mindedness.
Margo Raskin said that she had a great time in round abouts in Washington D. C., the Dupont Circle and a fun time in
Paris going around and around and that round abouts are terrific. She commented on Resolution 03-69, that she had no idea
that Councilmembers Beck and Yourkowski were working on this Resolution. She relayed that it is very emotional for her,
that she was in Nazi Germany in 1936, just a child. She recalled seeing the soldiers marching, the flags and as she grew
older she read about how their rights were abridged. WWI and all the terrible things that happened then. WWII, the
Japanese. She lived in California and did not know what was going on until about 1960 when at UCLA some professors
decided to write about it and suddenly there were movies about the Japanese, but up until then it was just quiet and nobody
talked about it. She stated that now, ever since this new regime, she has been watching and finds it very upsetting looking
back into the history. It is so important to pass this Resolution.
RECONSIDERATION
A. Memorandum 03-67, from City Clerk, Re: Councilmember Stark's notice of Reconsideration issued on April 29, 2003
regarding Ordinance 03-18(S), Of the Homer City Council Adding a New Chapter to the Homer City Code, 12.12, Flood
Damage Prevention. Planning Commission. Manager. Adopted Second and Final Reading 04/.28/03.
STARK/FENSKE - MOVED FOR RECONSIDERATION OF ORDINANCE 03-18(S) BY READING OF TITLE.
VOTE: NO: FENSKE, LADD, STARK, BECK.
Motion failed.
Mayor Cushing called for a recess at 8:28 p.m., reconvening the meeting at 8:43 p.m.
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.)
LADD/ - Requested that Items D and I be pulled off and placed in the appropriate locations on the regular agenda. The
Executive Session will be held as the last item of business, time allowing.
A. Homer City Council unapproved meeting minutes of April 28, 2003 Regular Meeting. Recommend approval.
B. Ordinance 03-27, Of the City Council of Homer, Alaska Accepting and Appropriating a Coastal Impact Assistance
Program (CIAP) Grant in the Amount of $75,000.00 and authorizing the City Manager to Execute the Appropriate
Documents. City Manager. Fiscal Note: Acct. 151.748, revenue and expenditure. Recommend introduction, Public Hearing
May 27, 2003 and Second Reading May 27, 2003
Memorandum 03-69, from Public Works as backup.
C. Ordinance 03-28, Of the Homer City Council that Homer City Code Section 3.16.080, Local Bidder Preference, Shall
Continue in Force Indefinitely. City Council. Recommend introduction, Public Hearing May 27, 2003 and Second Reading
May 27, 2003
D. Ordinance 03-29, Of the Homer City Council Amending Homer City code Section 17.04.030, Improvement
Districts--Formation and Assessment. Directed by Mayor and Council. City Clerk Recommend introduction, Public
Hearing May 27, 2003 and Second Reading June 9, 2003.
Placed under Ordinances.
E. Resolution 03-64, Of the Homer City Council Confirming the Assessment Roll, Establishing Dates for Payment of
Special Assessments, and Establishing Delinquency, Penalty and Interest Provisions for the West Lakeshore Water and
Sewer Assessment District. City Clerk. HAWSP and Property Owners 50% of $499,513.34; project cost is $578,297.34.
Recommend adoption.
Placed under Resolutions.
F. Requested by Planning to be pulled off of the agenda. Resolution 03-65, Of the City Council of Homer, Alaska
Awarding the Professional Services Contract for Bridge Creek Watershed Imagery and GIS Acquisition to the firm of
_________________ of ___________, _________ in the Amount of __________ and Authorizing the City Manager to
Execute the Appropriate Documents. City Clerk. Planning. Recommend adoption. Substitute will be presented by meeting.
Memorandum 03-70, from Planning requesting that this be pulled from the agenda. meeting submitted under agenda
approval.
Resolution 03-65 was deleted from the agenda under agenda approval and via Memorandum 03-70.
G. Substituted during agenda approval. Resolution 03-66(S), Of the City Council of Homer, Alaska Awarding the Contract for the Pioneer Dock Brow and Brow Stand - USCG Berth to the Firm of Blue Water Systems, LTD. of Bellingham, Washington in the Amount of $37,190.00 and Authorizing the City Manager to Execute the Appropriate Documents. Public Works. City Clerk. Fiscal Note: Budgeted in Acct. 415.904. Recommend adoption. Substitute will be presented by meeting
Memorandum 03-71(S), from Public Works as backup. Substitute will be presented by meeting
H. Resolution 03-68, Of the City Council of the City of Homer, Alaska Objecting to Kenai Peninsula Borough Ordinance
No 2003-11 to Amend the Borough Sales Tax Code to Exempt a Portion of Gasoline and Diesel Fuels from Sales Tax.
Finance. City Clerk Recommend adoption.
I. Substitute approved under agenda approval Resolution 03-69(S), Of the City Council of Homer, Alaska to Defend the
Civil Rights and Liberties of the People of Homer. Beck. Yourkowski. Recommend Adoption.
Placed under Resolutions.
J. Resolution 03-70, Of the City Council of Homer, Alaska Opposing House Bill 157 Amendments to the Alaska Public
Offices Commission (APOC) and Regulations. City Manager. City Clerk. Recommend Adoption.
K. Resolution 03-71, Of the City Council of Homer, Alaska, Opposing House Bill 293 an Act Levying and Collecting a
State Sales and Use Tax and Providing for an Effective Date. City Manager. Recommend Adoption.
L. Memorandum 03-74, from Finance Director, Re: Snug Harbor Seafood Lease. Revenue Acct. 100.4650.035.
Recommend approval.
M. Memorandum 03-76, from City Clerk, Re: Cancel Committee of the Whole and Regular Meeting scheduled for
Monday, May 26th, Memorial Day and Schedule Committee of the Whole and Regular Meeting for Tuesday, May 27th at
the regular times. Recommend approval.
N. Memorandum 03-77, 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. (Land and
Property Negotiations) Recommend approval and conduct under New Business as Item A.
THE RECOMMENDATIONS OF THE CONSENT AGENDA, AS READ, WERE ADOPTED AND/OR APPROVED.
FENSKE/ - REQUESTED THAT ITEM E. BE PLACED UNDER RESOLUTIONS.
VOTE:( Items A - C, G, H, and J through N.) YES: NON OBJECTION UNANIMOUS CONSENT.
Motion carried.
VISITORS
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS
A. EMS Week Proclamation, May 18 - 24, 2003
B. Teen Alcohol Awareness Week, May 5 - 11, 2003
C. Memorandum 03-82, from Councilmember Stark, Re: Travel Report.
Councilmember Stark reported that there is an EDD Board meeting in Homer on May 22nd and that this is usually a
luncheon meeting. He briefly reported on his trip to Juneau and that this is not the year to be in the Legislature. He voiced
his opinion that many of the things the Governor is trying to do are pretty good and going to solve the fiscal crisis. He
relayed that some questions have been raised regarding the work he has been doing. The five hundred thousand dollar
appropriation for the community college is very important for the Homer community and beneficial to the City of Homer.
Regarding the sales tax, he advised that he was trying to come up with an alternative a wholesale sales tax that would be a
big benefit to the state of Alaska and the people therein. He reported on the meeting this morning of the AML Public
Works Subcommittee and that he has been working closely with Kevin Ritchie of AML on these matters. Keeping the sales
tax from being adopted is the number one priority of AML, but the train has left the station and is about a half mile down
the track. He noted that details change from day to day and based on what has happened so far we are going to be limited in
the amount of City sales tax we can gain, probably five percent in the year 2008. He emphasized that the personal contact is
much more effective than passing a resolution.
Councilmember Ladd encouraged caution when Councilmembers are talking to the representatives of the state, when
communicating ideas like value added tax that it does not come across that the City of Homer is looking at another tax in
option to the sales tax. This is not reflective of this Council. He stated for the record, "This Council has never discussed a
value added tax nor do we have any opinion on that."
PUBLIC HEARING(S)
A. Ordinance 03-23(A), Amending Homer City Code Chapter 21.30 to Make Provisions for Enforcement of Zoning Code
Violations. Planning Commission. (First Reading 04/28/03, Public Hearings 05/12/03 and 05/27/03, Second Reading for 06/09/03.).
There was no public testimony.
B. Ordinance 03-24, Of the City Council of Homer, Alaska Appropriating up to $30,000.00 for the Small Boat Harbor
High Mast Project from the Port Reserve Fund and Authorizing the City Manager to Execute the Appropriate Documents.
Requested by Public Works and City Council. Fiscal Note: Appropriated from and Expended from Acct. 415-380. (First
Reading 04/28/03, Public Hearing 05/12/03, Second Reading for 05/12/03.).
There was no public testimony.
FENSKE/LADD - MOVED FOR THE ADOPTION OF ORDINANCE 03-24 BY READING OF TITLE.
Councilmember Fenske elucidated the need for this appropriation, to install a light to replace the one that damaged last year
in the wind storm.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT
Motion carried.
C. Ordinance 03-25, Amending the Homer Zoning Code to Limit the Size and Dimensions of Buildings Used Primarily
For Retail or Wholesale Business. City Council. Planning Commission. Recommend Introduction.(First Reading 04/28/03,
Public Hearings 05/12/03 and 05/27/03, Second Reading for 06/09/03 will be postponed if there is not a full Council.).
Jeanne Parker spoke in favor of the Ordinance, that she has not changed her mind and that she totally supports the
limitation of twenty thousand feet in the Central Business District (CBD) and thirty thousand square feet outside the CBD.
She said that she really wants to see Homer fight for its uniqueness and not use growth and profit as a bottom line for
making decisions about things that are really important to all. She voiced strong support of the Town Square Project, there
is a lot of undeveloped land in the center of town and these areas need to be protected quickly to amplify the uniqueness of
Homer rather than to take it apart. She reported conversations with a lot of young adults who are just reaching voting age,
who are new to this process and are trying to organize to make a presentation to the Council. She thanked the Council for
their consideration.
Peggy Kleinleder testified in favor of any measures that encourage local control of the economy of Homer and that smaller
companies are typically locally owned and create more jobs. She shared her main concern is with absentee ownership and
that she trusts the people of Homer to be able to creatively work together to develop the community in ways that protect the
environment, honor the needs of the youth, elderly and disabled and benefit all who live here. She stated that she does not
trust large publicly traded corporations to do so and that the pressures on publicly traded companies to profit their share
holders rather than to reward their employees have resulted in many well publicized corporate crimes which have, lately,
caused widespread suffering. She recommended that Homer follow the lead of Pennsylvania's Wayne Township and apply
the "three strikes you're out" principle to corporate crime. An ordinance could be passed forbidding any firm with three or
more regulatory violations over fifteen years to establish operations in the community. This would keep out corporations
such as Walmart which is notorious for supporting sweat shops and exploiting its employees. She urged the Council to
move forward, rapidly, on the measure already being considered, the twenty thousand square feet and thirty thousand
square feet maximum size limit for new retail stores. She thanked the Council for their hard work on these issues.
Konrad Schaad encouraged the Council to pass this Ordinance to limit the size for big stores. Everyone that lives in Homer
moved here to a town that doesn't yet have a big box stores and now here is this, maybe, great opportunity to get one, but at
what expense. He voiced concern that Homer could lose it's, long time in getting, reputation, overnight, of being one of the
ten grooviest places, according to an outside magazine, in the United States. He commented on the argument of all the jobs
that a big store will bring, interjecting that it will displace many small stores that will go out of business equally a net loss
for this town if a big guy comes in and squashes all the little fish. The quality of the jobs is not exactly what Homer is
famous. The people braving the Alaskan highway do not come here to get stuck in a traffic jam at the parking lot entrance
to a big super store. They come here for the small, unique, little stores and shops. To keep a small town going is to keep it
diverse with the small shops and stores and B and Bs. Those owners spend most of their money here in Homer, unlike the
big box stores and corporations where the majority of the money is used to set up another big store and subsidize it until
they kill the competition and then reap profits there to do the same thing in another town. He encouraged the Council to
take this opportunity to become famous as the City Council that set the direction for Homer to keep it the way it is, improve
it or become known as the City Council that made Homer look like Soldotna and the rest of the United States. He thanked
the Council
Steve Gibson testified that the big box store ordinance, to him, is really important. If all politics is local this is the most
local of issues and it is highly political. He said that he has talked to many people about this issue and some are on the side
of competition and free enterprise in bringing in the box store to, hopefully, get lower prices. He shared his observations of
the process of competition that is truly flawed when it comes to the mega stores in relation to the size of Homer. He cited
the statistic of paying, in Homer, one dollar and forty six cents for every dollar worth of groceries in Anchorage. Back in
the days when Proctors was the big store in town it was thought that the advent of Carr's was going to change that, it did
not and if anything it punched up a couple of decimal points. Perhaps, because this is a small enough market, that there is
only room for one twenty or thirty thousand square foot store, especially with a lot of economic power behind it, it can
easily freeze out the others in the market. He echoed Mr. Schaad's comment about the big fish/little fish. At the end of that
there are a mess of seven dollar an hour jobs and people not that enthused about their work. The economics have not
changed and will not work to the advantage of Homer. It is not a co efficient of efficiency of transportation and store size,
that has been shown by history. The more important issue is the quality of life and the nature of the town. Mr. Gibson
relayed the history of when he and Susie came to town, chose Homer as the place they wanted to live and hoped they could
make a living here. He noted that they enjoyed the small town character of the Mom and Pop stores and the competition
amongst different sellers for different items. A twenty thousand square foot store, or greater, anywhere in the CBD will be
an architectural monoliths and economic burden for the town, rather than an asset and the same is true for the GC1 with a
thirty thousand square foot store or greater. He encouraged the Council to respect the feelings of those who are small
investors in Homer, who feel their investment is threatened by what can be a real essential character change in town. He
told the Council that he believed they can act in favor of competition and in favor or protecting the character of town by
limiting the size of these big buildings and that he hoped they would entertain this seriously.
Toby Wheeler stated that he has attended the Planning Commission meetings and urged the Council to go with the
Commission's recommendations on the size cap limit for all of the reasons the Council will be hearing over the next hour.
He noted that what is really important, to him, is that the Council takes a stand on this issue one way or another, that
Council take a step. He voiced his opinion that the size cap limit is not the only tool that can be used to plan or create a
vison for Homer. It is a start and is the one that is up right now. It may not be the best and may have to be used in
accompany with a few other tools. There are, obviously, aesthetics and all the issues the Council will hear.
Sue Post addressed the argument that a larger store is needed to provide a future for Homer graduates. She advised that she
is a graduate of Homer High and successfully made a home out of Homer for a number of years as have some of her other
classmates. Referencing the comments regarding the City Wide Survey, wherein fifty six or fifty seven percent indicated
they wanted large box stores, she commented; 1) Not enough surveys were sent out, and 2) Is not an accurate representation
of the area. She apprized the Council of a petition drive to request the City Council to support a retail and wholesale
building size cap at twenty thousand square feet and that to date over two hundred signatures have been collected in about a
ten day period. She testified in favor of the twenty thousand square foot store and that larger stores will not provide any
thing better for Homer. She voiced concern with a "too large" of a store causing the smaller businesses to fold, which is
what happened with Eagle came in 1989. There was competition for awhile and the prices reflected that until the smaller
stores could no longer compete and brought Homer to the point where it is today with expensive groceries. She commented
on the misconception that people need to go up the road to get what they need, when actually, people go up the road
because of cabin fever. As a local business owner, Ms. Post relayed that there are a number of people who come to Homer
to do some major shopping for Christmas and in the summer, because of the uniqueness of the stores here and that if
Homer were "any old town USA" people would not come.
Elizabeth Neumann testified in support of the Ordinance to cap the store size. She commented that she used to go to
Soldotna a lot, but Homer has a big box store called, Save U More, which carried everything except underwear. She
advised that the reason she goes to Soldotna is to see the fireweed blooming and to get out of town once in awhile. She
commented on the potential of the Town Square Project and that this could really make Homer beautiful. There are so
many wonderful businesses in Homer, there are new restaurants popping up and this town has such potential of being
unique. It would be so sad to see Homer turn into a town that looks like any other.
Koala Vanbdruff commented that she spends a lot of time in Anchorage since she works there. She shared her reasons for
her love of Homer, it is not like Anchorage, it is not full of big box stores, it is unique, and it does not have a lot of outside
businesses. She advised that she travels a lot and when visiting her aunt in Florida, where all of these little shops were
either closed or had become antique shops due to the Walmart moving in just up the road. She said that she would hate to
see that happen to Homer. She testified in favor of the cap on big box stores.
Fred Pfeil thanked the Council for their hard work and that he has the utmost respect for them shouldering this
responsibility. He commented that he would like his three children, who were born and raised here, come back to Homer to
live and work here when they are done with their schooling and exploring. He share his thought that everyone knew when
they glimpsed Kachemak Bay that they came to a special place and the secret is out. He testified that Homer must limit the
size of retail and wholesale buildings in the CBD to keep Homer from becoming like those places that people are coming
from to escape. With thoughtful planning and zoning Homer can be developed responsibly and save what it is that draws
people here, not just to live but to visit as a tourist destination. Walt Disney could not have designed a better attraction.
Passing this Ordinance is a start to keeping these out of state corporate giants outside of the center of town. This will
preserve, not only the small town Mom and Pop businesses that help to give Homer its character and uniqueness, but the
natural resources wherein Homer has been blessed and will help Homer to prosper. He thanked the Council.
Jenny Stroyeck, Homer business owner, advised that at least ninety percent of her shopping and supply buying is done
within the City limits. She told the Council that they have a unique opportunity to be proactive and that there are lots of
examples of what happens if Council is not: Wasilla, Soldotna and Kenai. She asked if the Council would like to be known,
in twenty years, as the Council that made something positive happen, wherein everyone in Alaska would say, "Look at
Homer, they had City planning, they had a direction. Now they have a Town Square down town. They have a beautiful
Library down town. They have unique shops and nice little stores down Town. They have walking trails down town." She
told the Council that they can make this choice.
Sharon Whytal advised that she spoke at the Planning Commission meeting last week and that there was some really great
testimony at that meeting. She encouraged the Council to look carefully at the record of that testimony. She stated that this
testimony opened her eyes to a lot of the different issues that she had not thought of in passing this kind of an ordinance.
She testified in support of the size limitation and that she did not like the thought of a Walmart coming to Homer. She
stated that she came here for the beauty. She shared her love of the small businesses. Some of the problems when large
corporations come in without limitations is that they can do things that some of the small businesses can't do. She voiced
her personal trust of people rather than corporations. This ordinance sends a clear message that Homer wants to shape the
future of the community and is a good message to send. She commented that corporations can respond to community needs
if it is spelled out and that this can be seen along the west coast. She encouraged the Council and applauded their efforts.
Al Waddell commented about being a Councilmember a few years back and that the fifty bucks a month does not even begin to cover the costs, problems and nightmares with which the Council deals. The definition of government is that it is supposed to do something for the people that they cannot do for themselves. He stated that a building is a building is a building regardless of what it amounts to. Some buildings are supposedly exempt under this ordinance. He stated that the way he reads the contiguous and of the same ownership, is that it will make it a lot harder and almost impossible for further development of his property here in Homer. He apprized the Council of the history of his property since 1952, over 50 years, a six acre block of land on the corner of Lake Street and the Bypass over to Waddell Way next to the Post Office. He shared his opinion that the only way this property can be further developed is to subdivide it and sell it and then each could develop, with the parking, an approximate twenty thousand square foot store, but as the original owner of the six acres he is limited to a strictly twenty thousand square foot building on his land.
He emphasized that this Ordinance is forcing him to sell the rest of the property. He stated that his property tax is sixteen
thousand nine hundred dollars a year. He commented about his family's love of Homer. Mr. Waddell noted that there are a
lot of other buildings in Homer and that this ordinance is a sort of one size fits all. He reported on his family have roller
rinks in Anchorage and that all of the skating floors were over twenty thousand square feet. He suggested that this
"contiguous and of the same ownership, be reviewed closely, adding that he has a problem with this wording. He voiced his
opinion that it is much better to keep the jobs in Homer. He noted that Fred Meyer is to be another grocery store and that it
is just like another gift shop in that he can't stop another gift shop from coming on the Spit or next door to him. He stated
that it is called property rights and take a chance, this is America and supposedly not socialized, adding his hope that it
never gets that way. Socialism does not work, USSR had it for about seventy six years. He testified that this Ordinance is
guaranteeing to send our adult and children jobs and tax dollars up the road to Kenai, Soldotna, and Anchorage. The sales
tax is bad enough in Homer, five and a half percent. This is supposed to be a first class City as it was chartered, in order for
the City to survive it has to keep growing. It needs to have products and services for that growth to happen. He pointed out
that we are all a bunch of parasite, making a living off of one another. He urged the Council to reject this Ordinance.
Nancy Clark, a tourist from Welches, Oregon forty five miles outside of Portland, advised that she has been driving around
and has driven about nineteen hundred miles since she has been in Alaska and is leaving next Saturday. She stated that it
has been amazing. She commented about purchasing gas at Fred Meyers in Soldotna and that, unfortunately, she does
follow her wallet. She voiced her hope that Homer does not bring a Walmart in here or a Fred Meyer, because Tourists
won't get that feel like she did yesterday about visiting Homer, going to those quaint little shops and the interaction with the
local merchants and the excitement of Homer attractions that was shared. She stated that it is awesome here and voiced her
opposition to the large stores, interjecting that Welches also went through this.
Teresa Conner thanked the Council for this opportunity to let her voice be heard and spoke from her heart. She voiced her
hope that if there is to be another big box store that it would be as small as possible. She stated that she is in support of the
twenty thousand square foot cap in the Ordinance. She informed the Council that she is new to Homer, has been here eight
months tomorrow, falling in love with it more and more every day for what it is now and that she is happy that Homer is
different from any other town where she has lived. She shared her excitement in exploring and having more interest here
and that she is settling in and making this her home. She said that it feels good to have the opportunity to put her two cents
in, thanked the Council for listening, which makes a difference, and for considering everyone's point of view.
Kyra Riley pointed out that when the Task Force studied small towns to try and get an idea of what to aim for, they had to
pick across the states. The Task Force looked at Santa Fe, New Mexico; Fort Collins, Colorado; and Rockville, Maryland.
She noted that these places are rare and Homer is one of them. She voiced her hope that Council would preserve that.
Maryclare Foeke shared a couple of thoughts and commented about the petition being circulated wherein there are about
two hundred signatures in favor of the twenty thousand square foot limit. She commented on the one disturbing thing that
she has heard about the inevitability of succumbing to the corporate profits of outside interests. She voiced support of
Homer's youth and their right and the rights of Homer to stand up and be proud of the local economy and the who and what
of Homer. Proud of Homer's local economy, local investors, and of Homer's youth. She said that she is so proud of Homer's
youth that she does not think of them as having to be relegated to cashiers at a corporately owned stores, but rather of
having a whole myriad of talents and gifts to bestow upon Homer. She commented on this whole sense of going up the
road, thinking out of wallet and that some of the corporations have people "by the short hairs". It costs almost as much for a
round trip ticket to Anchorage as to get to the East Coast. She stated that people don't go to Fred Meyer to shop, it is just
that ya gotta drive by there. She advised that she commits herself daily to the needs of the kids here. She testified that she
supports the cap.
Donna Beran commented on the changes in Homer in the nineteen years she has been here. Now is the time and the
opportunity. She voiced support for the cap and that Homer has to stand up and say, "No." This is not good for Homer, it is
not good for anything about Homer. She said that she has really liked what she has heard here about Council having the
opportunity to make a difference and that their work is much appreciated. She thanked the Council, voicing her hope that
all of these voices can be heard and heart felt.
Council requested that the Planning Commission address the following, when they give Council the supplemental:
Mayor Cushing called for a recess at 10 p.m, reconvening the meeting at 10:13 p.m.
ORDINANCE(S)
A. If reconsideration passes: Ordinance 03-18(S), Of the Homer City Council Adding a New Chapter to the Homer City
Code, 12.12, Flood Damage Prevention. Planning Commission. Manager. First Reading 03/24/03, Public Hearing
04/14/03, Second Reading 04/28/03, Reconsideration issued 4/29/03, if reconsideration passes vote on Main Amended
Motion for Second and Final Reading is back on the floor.)
NOT RECONSIDERED, RECONSIDERATION FAILED.
B. Ordinance 03-20, 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 #6 per Attached Exhibits A and B. Planning Commission. (First
Reading Postponed on 03/24/03 to 04/14/04, Public Hearing 04/28/04, Second Reading 05/12/03.)
STARK/LADD - MOVED TO ADOPT ORDINANCE 03-20 BY READING OF TITLE FOR SECOND AND FINAL READING.
Councilmember Stark asked for unanimous consent and there was no objection.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Consent agenda Item D. Ordinance 03-29, Of the Homer City Council Amending Homer City code Section 17.04.030,
Improvement Districts--Formation and Assessment. Directed by Mayor and Council. City Clerk Recommend introduction,
Public Hearing May 27, 2003 and Second Reading June 9, 2003.
LADD/BECK - MOVED FOR THE ADOPTION OF ORDINANCE 03-29 BY READING OF TITLE.
There was discussion about increasing the new initiation from one half of the property owners to fifty one percent of the
property owners. The hope is that this will increase the probability of success of Local Improvement Districts (lids) There
was comment that the Ordinance should clearly include the estimated assessment amount in the petition phase.
LADD/BECK - MOVED TO AMEND ONE HALF BE REPLACED WITH FIFTY ONE PERCENT (in two places).
There was some discussion regarding the fifty one percent.
Councilmember Stark requested unanimous consent and there was no objection.
VOTE: (primary amendment one) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Public Works Director and City Clerk asked for input about including the development of preliminary cost estimates for
property owners.
There was brief mention regarding the 30 day time limit, for a modified area for an LID and suggested consideration of a
time limit for petitions.
Councilmember Stark requested unanimous consent. There was no objection.
VOTE: (main amended motion) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
CITY MANAGER'S REPORT
A. City Manager's Report (Updates and followup; May employee anniversaries - Dan Cornelius Port and Harbor 25 years,
Ruth Hall Port and Harbor 18 years, Michele McCandlish Finance Department 18 years, Kathy George Library 9 years,
Sheri Hobbs Administration 9 years, Dave Hatch Port and Harbor 7 years, Jo Earls finance 4 years, Jason Crockett Police 1
year and Anne Marie Holen Administration 1year; Candace Rae Edwards Re: Animal Shelter; Draft MOU with the Homer
Hockey Association, Memorandum Ocean Drive Loop Bluff Erosion Control; Memorandum Port and Harbor Commission,
Leases; Memorandum Chamber of Commerce/Visions of Homer Forum; Letter to Speaker Pete Kott HB 69, Cooperative
Challenger Cost Share Agreement USFW/City of Homer and ADOT East End Road Improvements/Water and Sewer Main
Extensions/Service Connection Issues.)
The MOU with the Hockey Association, after review by the Mayor and City Manager will be forwarded to the Council for
action.
Water and Sewer extension along East End Road to Kachemak Drive was mentioned as was defining and charging a user
fee to connect.
Regarding Lots 9, 10 and 11 leases: Commissions are still reviewing these leases, Port/Harbor has weighed in. Councilmember Fenske requested that notice to lessees be greater than thirty days.
Kurt McGee, CIRI, would like to meet with Mayor, Manager and Councilmembers. Due to the Open Meetings Act rules
and to be fair to everyone else that may desire a sit down with the Council, the Mayor and Manager will meet with Mr.
McGee and report back to the Council.
Council expressed appreciation to the Manager for his thorough reports.
COMMITTEE REPORT
Councilmembers Fenske reported on the commencement exercises for the Graduation at KBB UA, that it was exciting,
there ware five thrilling, excellent speeches. It makes one proud to be part of a community with this quality of people.
Some of the dignitaries present were; President Hamilton, Chancellor Gorsuch, and two to three Regents. There was
conversation at the dinner event about the development of the local campus.
Councilmember Beck emphasized that the key not speaker was a home town boy who came back with his doctorate and
gave the commencement address.
PENDING BUSINESS
A. Memorandum 03-57, from City Manager, Re: Traffic Lights/Comprehensive Traffic Study. Postponed on April 28,
2003 until the meeting with Rex Young, DOT Regional Planner. Main Motion is on the floor as postponed.
Recommendation: We recommend that the Council adopt a motion stating its preference regarding the placement of a
traffic signal at the corner of Lake and the Sterling Highway this summer.
MAIN MOTION AS POSTPONED ON April 28, 2003: STARK/KRANICH - MOVE WE GO AHEAD AND ASK DOT
TO DO IT.
There was brief discussion that included the following points:
The Sterling Highway being repaved this summer would be a great time to put in a round about.
$250,000.00 to install the light and $500 a month to operate the light.
Traffic study is needed..
DOT indicated during the Committee of the Whole that it is unknown who will be paying the costs to operate the traffic light.
Rex Young, DOT Regional Planner recommended that the light be installed.
HPD Lt. Rosencrans reported that most of the intersection accidents were at Heath Street and the Sterling Highway.
One light will not solve all the problems, but would help.
VOTE: YES: STARK
NO: BECK, FENSKE, LADD
Motion failed.
City Manager Wrede is to write a letter to DOT, on behalf of the Council, regarding cross walks on Pioneer Avenue and
Sterling Highway, crosswalk signage that vehicles will yield to pedestrians and overpass/underpass to the USFW
Center/Oceans and Islands.
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. (Land and Property Negotiations.)
Will be held ad the last item of business if time permits
B. Memorandum 03-79, from Councilmember Fenske, Re: Project Priority List.
Recommendation: Approve the priority list.
The list of "twenty projects with out ranking" was approved with out objection on June 10th, 2002. (this represents my personal suggestions to modify)
1 New Public Library (Architectural plans and fund raising)
2 Animal Shelter - building and land
3 Large structures as conditional use ordinance (Architectural Standards and Code requirements)
4 Steep slope development standards
5 KPC/UAA - establish college on CIRI/COH/KPC property in conjunction with town square (Support plans and development for site renovation and expansion)
6 Town square project (Continue to define and develop)
7 Lease policy manual - update
8 Beach Policy Implementation (Address recommendations of Task Force)
9 City water hauling project (Assess the future needs and options of all "City water" users)
10 Roads and Streets Master plan tie in to Water and Sewer Master Plan
11 City Survey (Develop web site for public opinion surveys)
12 Port - Deep Water Dock Phase II
13 West Hill Road rehabilitation, utility engineering extension
14 Wetland use policies update with COE assistance
15 Port - Deep Water Dock corrosion control
16 Zoning code format revision (Gate Way Over Lay Zoning Development)
17 Public Works Equipment storage building
18 Architectural review establish standards and process (move this under large structures #3)
19 Sidewalk construction (Paving of Parking in CBD)
20 Conditional use permitting review process (Define and incorporate into Large Store Ord.)
FENSKE/BECK - MOVED FOR APPROVAL OF MEMORANDUM 03-79 FOR DISCUSSION.
VOTE:(to discuss) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Council briefly discussed the priority list with the following points:
This is the List compiled ast June. The items in strike out have been completed.
Suggestion to move item 18 to Large Structures.
Desire to add Skyline fire station.
Maintain a list of 20.
This will be the first item on the May 27, 2003 Committee of the Whole Agenda.
Mayor's list is to be included with the information for the Committee of the Whole on May 27th.
City Manager had asked for input on the top Planning issues and services, if the City goes out for an RFP.
Water and Sewer Master Plan.
Gateway overlay for Study Area 1.
The DWD Corrosion Control Study is almost complete.
C. Resolution Item A. Backup Memorandum 03-80, from Councilmember Fenske as backup.
FENSKE/BECK - MOVED TO POSTPONE MEMORANDUM 03-80 UNTIL WE BRING BACK THE OTHER
LIBRARY RESOLUTIONS. (May 27,2003)
VOTE: YES: NON OBJECTION UNANIMOUS CONSENT.
There was a very brief comment in support of postponement.
Motion carried.
RESOLUTIONS
A. Resolution 03-55(S)(A), Of the City Council of the City of Homer Finding the Need to Create the Kachemak Drive
Phase I Sewer Improvement/Assessment District and Setting the Date for Public Hearing as April 28, 2003. Public Works.
City Clerk. Fiscal Note: HAWSP and Property Owners share is 75%. Estimated project cost is $488,800.00. Postponed on
March 24, 2003 to April 14, 2003 further postponed to May 12, 2003. Main motion for adoption is on the floor.
A. 1. Resolution 03-55(S)(A)(S), Of the City Council of Homer Finding the need to Create the Kachemak Drive Phase I
Sewer Improvement/Assessment District and Setting the Date for Public Hearing as June 23, 2003. City Clerk. Contains
the previous amendments, changes the Public Hearing Date and notes the methodology as equal shares per lot.
(Main motion on the floor as amended) FENSKE/YOURKOWSKI - MOVED TO ADOPT RESOLUTION 03-55(S) BY
READING OF TITLE.. (amendment in the second whereas delete the phrase 'with the exclusion of DOT's Property. '
FENSKE/BECK - MOVED TO AMEND RESOLUTION 03-55 TO SUBSTITUTE RESOLUTION 03-55(S)(A)(S).
Councilmember Fenske suggested that this Resolution move forward, that Council has taken consideration of the testimony
and concerns that were received, in writing, from some of the property owners. Some properties were added, the state
airport lessees, which will reduce the total cost of the project per individual
VOTE:(primary amendment 1.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main amended motion) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B Resolution 03-72, Of the Homer City Council Designating the Eight City Owned Lots on the North Side of Hazel Street
as the Location for the New Homer Library, (PARCEL NUMBERS: 177-107-08, 177-107-09, 177-107-10, 177-107-11,
177-107-12, 177-107-13, 177-107-14, AND 177-107-15).. Mayor. Ladd. LAB.
Memorandum 03-80, from Councilmember Fenske as backup.
Memorandum 03-81 from Councilmember Kranich as backup.
Placed on May 27, 2003 Agenda under Agenda Approval.
C Resolution 03-73, Of the City Council of Homer, Alaska, To Approve Sites for the Homer Public Library. Stark.
Placed on May 27, 2003 Agenda under Agenda Approval .
D. Consent Agenda Item E. Resolution 03-64, Of the Homer City Council Confirming the Assessment Roll, Establishing
Dates for Payment of Special Assessments, and Establishing Delinquency, Penalty and Interest Provisions for the West
Lakeshore Water and Sewer Assessment District. City Clerk. HAWSP and Property Owners 50% of $499,513.34; project
cost is $578,297.34. Recommend adoption.
Motion on the floor from the Consent Agenda.
Councilmember Fenske noted the letter on page 65 from Mr. McLay and on page 70 is a copy of the map of the district. He
pointed out that these lots, if he is correct, border on Beluga Lake are the east two lots on the north side of the LID plat and
that his lots are larger than half of the lots involved in the LID. He stated that he, therefore, sees no reason to give this extra
time requested and that this Resolution should move forward.
Mayor Cushing recognized Councilmember Fenske's informal call for the question. There was no objection.
VOTE: YES: BECK, FENSKE, LADD, STARK.
Motion carried.
E. Consent Agenda Item I. Substitute approved under agenda approval Resolution 03-69(S), Of the City Council of
Homer, Alaska to Defend the Civil Rights and Liberties of the People of Homer. Beck. Yourkowski. Recommend
Adoption.
BECK/FENSKE - MOVED TO ADOPT RESOLUTION 03-69(S) BY READING OF TITLE.
Council stated that this Resolution provides the opportunity to let the President and the Congress know that the Council is
concerned with the Patriot Act, which is so important with a Patriot Act Two in the works and if the first Patriot Act is an
incursion into constitutional rights, "we ain't seen nothin' yet." This Resolution is something that the City can do and the
City owes it to the citizens of Homer to take a stand on this issue. It is easy to see what the Patriot Act came into being.
however, even the initiators of the Act see the fallacy in it since they sunsetted it within its own organization for 2005.
Military would probably agree with this Resolution and that they are sworn to uphold the constitution and the Civil Rights
and Liberties of the people of the United States. This is an issue just about everyone can agree on whether liberal,
conservative or whatever. Councilmembers Beck and Yourkowski were thanked for forwarding the Resolution. Council
needs to be addressing local needs. Patriot Act was passed with almost unanimous vote, except one person in the Senate.
Much of the content of the Patriot Act was part of President Clinton's Counter Terrorism Effective Death Penalty Act, put
into place in 1996. The Patriot Act does not just come from the current administration or current congress. Warrant less
searches were unleashed in the Clinton era, with powers given in 1995 to secret courts. Those courts operated under the
terms of the Foreign Surveillance Act passed in 1978 during President Carter's years. The Patriot Act is an accrual of things
which have been occurring in the Country. It is nothing new in the Country that during times of strife and difficult times it
has taken measures that put the individual a little bit behind the hole. Other historical activities were cited.
Councilmember Ladd stated for the record: "It is not a result of the new regime. It is what has happened in our Country
over history."
Further comments: America has become stronger than in the sixties. Council should stay away from some of these issues,
which are national issues. There was concern that these types of issues fractionalizes the Council.
LADD/STARK - MOVED TO AMEND TO STRIKE THE WORD ILLEGAL IN THAT SENTENCE. (noted below on
page two of the Resolution, the first full whereas clause on that page, the fourth bullet.)
WHEREAS, the civil rights and liberties of all Americans are further threatened by orders and rules of the executive branch
that:
VOTE: (primary amendment 1.) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main amended motion) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
F. New Business Item 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. (Land and Property Negotiations.)
Mayor Cushing recessed the Regular Meeting to Executive Session at 11:37 p.m. and reconvened the Regular Meeting at
11:49 p.m.
Mayor Cushing stated that he and the Council met with the City Manager, who brought them up to date on different land
and property negotiations. No decision was made.
Councilmember Fenske added that the Council gave direction to the City Manager.
COMMENTS OF THE AUDIENCE
There was no audience comments.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans was not present.
COMMENTS OF THE CITY CLERK
City Clerk Calhoun announced and reminded that the Saltwater Drive Neighborhood meeting is tomorrow at 5:30 p.m. in
the Council Chambers.
COMMENTS OF THE CITY MANAGER
City Manager Wrede had no comment.
COMMENTS OF THE MAYOR
Mayor Cushing reported that the represented the Council and made brief welcomes to the State Fire and Arson
Investigators that were in town, the State Emblem Club Convention, Homer Electric Board of Directors, and Local Rotary.
He asked City Manager Wrede to take his place at the D.A.R.E. graduation this Friday, since he is going to be at his son's
regional soccer game.
COMMENTS OF THE CITY COUNCIL
There were no Council comments.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 11:53 p.m. The next Regular
Meeting is scheduled for Tuesday, May 27, 2003 at 7:30 p.m. Committee of the Whole is scheduled for Tuesday, May 27,
2003 at 4 p.m. Both meetings will be conducted in the Homer City Hall Council Chambers located at 491 E. Pioneer
Avenue, Homer, Alaska.
______________________________________
MARY L. CALHOUN, CMC, CITY CLERK
Approved: __________________