Session
02-10, 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's Committee of the Whole met from 4:06 p.m. to 5:51 p.m. Prioritization
of the City Manager’s Project List, discussion of the library project, the
regular meeting agenda items, and the
development of City wide survey questions were the items of discussion.
PRESENT: COUNCILMEMBERS: CUE,
FENSKE, KRANICH, LADD, MARQUARDT, YOURKOWSKI.
STAFF: CITY
MANAGER DRATHMAN
CITY CLERK CALHOUN
CHIEF
OF POLICE ROBL
FIRE
CHIEF PAINTER
PORT/HARBOR
DIRECTOR ABBOTT
PUBLIC WORKS DIRECTOR MEYER
AGENDA APPROVAL
(Addition of items to or removing items from the
agenda will be by unanimous consent of the Council. HCC 1.24.040.)
The agenda was approved by consensus of the Council
with the following changes: Add to Ordinance 02-14, City Attorney Memorandum dated
May 24, 2002. Substitutions Ordinances
02-20(S), 02-22(S) 02-23(S). Map for Ordinance 02-14. Two public letters of
support for Ordinance 02-14.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Cathy VeneKamp addressed the Council regarding Ordinance
02-23. She thanked the Council for their commitment to do the right thing for
those already a part of the City, who have been for quite some time and have
received no road maintenance or service to date. She relayed the concern that
with the newly annexed areas they would be over looked. She encouraged the
Council to pass this Ordinance.
Mayor Cushing noted that Representative Scalzi joined
the audience.
Jane Tollefsrud stated that she also lives on Mount
Augustine Drive and wants to repeat what Ms.VeneKamp said, thanking the Council
for working toward helping them to do the right thing. She advised the Council
that she has had her place there for twenty four years and that it is nice
that, with the annexation, they are finally getting a little bit of light. She
encouraged the Council to pass that bill.
Shirley Thompson, Bay Crest Subdivision, also repeated
what Ms. VeneKamp and Ms. Tollefsrud said, thanking the Council for their
consideration of them and coming to help them. She emphasized
that they really do need it and really do appreciate
it. She urged the Council to vote for the Roads Committee proposal.
RECONSIDERATION
CONSENT AGENDA
(Items listed below will be enacted by one
motion. If separate discussion is
desired on an item, that item may be removed from the Consent Agenda and placed
on the Regular Meeting Agenda at the request of a Councilmember.)
A. Homer
City Council regular meeting unapproved minutes of May 13, 2002. Recommend
approval.
B. Substitution
approved under agenda approval. Ordinance 02-20(S), Of the City of Homer Amending Homer City
Code Chapter 10.08, Protection of Port and Harbor, to Change the Title to
Protection of the Harbor and Waterways, to Prohibit the Dumping of Oil and
Other Substances, to Establish Harbor Speed Limits and to Set Penalties for
Violations. City Manager. Recommend introduction, Public Hearing and Second
Reading June 10, 2002.
Placed under Ordinances as Item B.
C. Ordinance
02-21, Of the City of Homer, Amending the 2002 Budget Ordinance to
Appropriate $155,478.00 from the General Fund, the Water Fund, the Sewer Fund,
Debt Funds and Capital Reserve Funds (Conditional Expenditures). City Manager. Recommend introduction, Public
Hearing and Second Reading June 10, 2002.)
Memorandum from Finance Director as backup.
D. Substitution
approved under agenda approval: Ordinance 02-22(S), Of the City Council
of Homer, Alaska Amending Section 21.48.030 of the Homer Zoning Code to
Designate Large Developments, Or High Percentage Lot Coverage as Conditional
Uses in the Central Business District.
City Manager. Recommend introduction, Public Hearing and Second Reading
June 10, 2002.
Memorandum from City Planner as backup.
Placed under Ordinances as Item C.
E. Substitution
approved under agenda approval: Ordinance 02-23(S), Of the City of Homer
Creating Two Categories of Road Service Available in the City of Homer,
Adopting a New Official Road Maintenance Map and Amending Homer City Code
Chapter 11.04.55, Official Maintenance Map. City Manager. Recommend
introduction, Public Hearing and Second Reading June 10, 2002.)
F. Ordinance
02-24, Of the City of Homer, Alaska, Providing for Differential Tax Zones
and Authorizing the Levy of Property Taxes at a Different Rate in the Area
Annexed to the City in Calendar Year 2002 in Recognition of the Different
Levels of Service Provided in 2002. City Manager. Recommend introduction,
Public Hearing and Second Reading June 10, 2002.
F.1. Resolution
02-, Of the Homer City Council Setting the Mill Levy for Calendar Year 2002
for Zone 1 at 5.5 Mills and Zone 2 at 4.125 Mills. City Manager. Follows same schedule as Ordinance 02-24.
G. Ordinance
02-25, Of the City of Homer, Amending the Homer City Code to Add Chapter
18.07, Requiring Funding for Works of Art in Projects for Construction,
Remodeling and Renovation of Certain Public Facilities. Yourkowski. Recommend introduction, Public
Hearing and Second Reading June 10, 2002.
Placed under Ordinances as Item D.
H. Resolution
02-31, Of the City Council of Homer, Alaska Awarding the Contract for the
Construction of a Metal Harbor Workboat/Towboat to the Firm of Sea State One
Marine, LLC, of Anchorage, Alaska in the Amount of $ 75,000.00 and Authorizing
the City Manager to Execute the Appropriate Documents. City Manager. Fiscal
Note: Acct: 151-375, budgeted. Recommend adoption.
Memorandum from Port and Harbor Director as backup.
I. Resolution
02-32, Of the City Council of Homer, Alaska, Awarding the Prisoner Meal
Service Contract to McDonald’s of Homer, Alaska and Authorizing the City
Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Acct.
100.5206.164, budgeted. Recommend adoption.
Memorandum from Chief of Police as backup.
J. Resolution
02-33, Of the City Council of Homer, Alaska, Authorizing the City Manager
to Execute the 2002/2003 Special Services Contract Extension by and Between the
City of Homer and the Alaska Department of Public Safety, Alaska State
Troopers. City Manager. Fiscal Note: Acct. 100.4505.030, budgeted. Recommend
adoption.
Memorandum from Chief of Police as backup.
K. Resolution
02-34, Of the Homer City Council Authorizing the City Manager to Execute
the Generator Equipment Loan Agreement By and Between the Kenai Peninsula
Borough and the City of Homer. City Manager.
Recommend adoption.
L. Memorandum
02-28, from City Clerk, Re: Proposed Vacation of Shirlene Circle, a 33-foot
half right-of-way dedicated by Irvins Subdivision. Recommend Council voice non
objection.
KRANICH/FENSKE - MOVED FOR THE ADOPTION AND/OR
APPROVAL OF THE RECOMMENDATIONS OF THE CONSENT AGENDA BY READING OF TITLE.
VOTE:
(With the exclusion of Items. B., C. and G.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion
carried.
VISITORS
ANNOUNCEMENTS/ PRESENTATIONS/ BOROUGH REPORT/
COMMISSION
REPORTS
Representative Scalzi gave a report on the State
capital budget appropriations to the City of Homer, Kachemak and Anchor Point
Fire Service Areas, Homer and Seward Civil Air Patrols, Kenai Peninsula Borough
and UAA Kenai Peninsula College, Kachemak Bay Branch. He explained that, toward
the end of session, some of Homer’s lower prioritized projects best fit the available
funding levels, which is why some of those projects were funded over the higher
prioritized projects. A special legislative session is scheduled for June 24,
2002. He also briefly commented on the state income tax and liquor tax issues.
In response to the Manager’s query, Representative
Scalzi advised that the college money is still a little confusing. He was
trying to get the college money in capital, which would have been a direct
appropriation, to the College, for future construction. Senator Torgerson put
in for $4 million toward the end of session for the college, $3 million was
appropriated and is in the bond package, for the college, which will go to the
voters this election. The bond issues are split between the August and November
elections to provide a better chance of voter approval, however, the
Representative was not sure which bond, ballot or election would include the
College appropriation. He clarified
that the $3 million is specific to the Kachemak Bay Branch of the Peninsula
College.
PUBLIC HEARING(S)
A. Ordinance
02-16(S), Of the City Council of
Homer, Alaska, Accepting and Appropriating an Alaska Department of Public
Safety Grant in the Amount of $20,304.00 to Provide for Traffic Safety for
Summer Coverage and Authorizing the City Manager to Execute the Appropriate
Documents. City Manager. Fiscal Note:
Revenue Acct. 100.4514.030 Grant, Expenditure Acct. 100.5105.166
$20,304.00. (First Reading 05/13/02, Public Hearing 05/28/05, Second Reading
directly after public testimony.)
There
was no public testimony.
KRANICH/FENSKE - MOVED FOR THE ADOPTION OF ORDINANCE
02-16(S) BY READING OF TITLE FOR SECOND AND FINAL READING.
There was no discussion.
VOTE:
YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion
carried.
B. Ordinance
02-17(S), Of the City Council of Homer Appropriating $4,940.00 for the City
of Homer’s Share of the Matching Funds for the Byrne Memorial Drug Grant for FY
2003. City Manager. Fiscal Note: Revenue Acct. General Fund Balance $1,378.00
and Seized Drug Fund $3,562.00 Expenditure Acct. 151.745 $4,940.00. (First
Reading 05/13/02, Public Hearing 05/28/05, Second Reading directly after
public testimony.)
There
was no public testimony.
YOURKOWSKI/CUE - MOVED FOR THE ADOPTION OF ORDINANCE
02-17(S) BY READING OF TITLE ONLY.
There was no discussion.
VOTE:
YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion
carried.
C. Ordinance
02-18(S), Of the City Council of Homer, Alaska, Appropriating $30,000.00
from the Fire Department Vehicle Reserve Fund for the Purchase of Two (2) Life
Pak 12 Cardiac Monitor/ Defibrillators. City Manger. Fiscal Note: Revenue HVFD
Vehicle Reserve Expenditure Acct. 100.5231.152 $30,000. (First Reading
05/13/02, Public Hearing 05/28/05, Second Reading directly after public
testimony.)
There
was no public testimony.
KRANICH/CUE - MOVED FOR THE ADOPTION OF ORDINANCE
02-18(S) BY READING OF TITLE FOR SECOND AND FINAL READING. .
There was no discussion.
VOTE:
YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion
carried.
D. Ordinance
02-19(S), Of the City Council of Homer, Alaska, Amending the 2002 Budget to
Appropriate $35,586.00 from the General, Water and Sewer Fund Balances for Two
New Positions, Police Officer and Line Mechanic. City Manager. Fiscal Note: Appropriated from General Fund
$32,186.60, Sewer Fund and Water Fund $1,699.70 each and from these three
funds’ fund balances Expenditure Acct. 100.5101-5106.163 $18,589.00 Acct.
100.5101-5106.176 - 80%, 200.5101-5106.400 - 10% 200.5101-5106.500 - 10%
$16,997.00. (First Reading 05/13/02, Public Hearing 05/28/05, Second Reading
directly after public testimony.)
There
was no public testimony.
YOURKOWSKI/CUE
- MOVED FOR THE ADOPTION OF ORDINANCE 02-19(S) BY READING OF TITLE FOR SECOND
AND FINAL READING.
Chief
Robl responded to Council inquiry that this is an additional Police Officer
position, which would make a total of
thirteen police officers for the City of Homer. In relation to the national
average or ratio of police officer to population the City of Homer will be in
par, perhaps a hair low.
He affirmed that this officer is one of the officers
projected in the annexation plan.
Public Works Director Meyer responded to the Council
regarding the additional line mechanic. He
agreed that Public Works would like more space, however,
feels that they have a fairly efficient set up. He advised that they do utilize
the outdoors area in good weather and a couple of large bays in the winter. The
mechanics are full time mechanics that do all of the vehicles for the Fire
Department, the Police Department, the Port/Harbor, the Public Works, all City
vehicles as well as other City miscellaneous equipment.
Councilmember Ladd interjected that when the City has
older vehicles, such as the Chief of Police’s twelve year old vehicle, there
will be a greater need for mechanics.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion
carried.
ORDINANCE(S)
A. Ordinance
02-14, Of the City Council of Homer, Alaska, Amending Homer City Code
Chapter 19.12, Excavation of Homer Spit Beach, by
Adding Subsection c. to Section 19.12.020
Definition of Storm Berm, Repealing and Reenacting
19.12.090, Prohibition on Drift Wood
Removal and Adding a New Section 19.12.100,
Violation--Penalties; and Amending Homer City
Code Chapter 19.16, Vehicles on Homer Spit Beach, by
Adding a New Section 19.16.021 Definition
of Storm Berm, Adding Subsections c. and d. to Section
19.16.030, Use of Vehicles - Prohibited,
and Amending Section 19.16.040, Violation --
Penalties. Cue. Yourkowski. (First Reading 04/08/02,
Public Hearing 05/13/02, Second Reading 05/13/02, postponed
to 05/28/02.)
CUE/FENSKE
- MOVED FOR THE ADOPTION OF ORDINANCE 02-14 BY READING OF TITLE.
The
City Attorney’s memorandum was discussed as well as the November 27, 2000 City
Attorney letter to the Mayor. Appreciation was expressed for the City
Attorney’s definition of storm berm. It was noted that one of the reasons for
postponement was for the City Attorney to review the ordinance and provide
clarification of enforcement of private lands. A portion of the November 27,
2000 Attorney letter, page 217 of the
packet and page 3 of the letter regarding the City’s standing on public lands
and public trust, was read as follows:
The California Supreme Court’s observation: …….. There
is growing public recognition that one of the most important public uses of the
tidelands… is preservation of those land in the natural state, so that they may
serve as ecological units for scientific study, as open space, and as
environments which provide food and habitat for birds and marine life, and
which favorably affect the scenery and climate of the area.
Councilmember
Cue asked that it be recognized that the above statement read into the record
is what the Council is promoting. She noted that in the City Attorney
Memorandum, added to the agenda tonight, he reiterates how the City can enforce
this ordinance on private property and read the following into the record:
In my opinion, the City many enforce this ordinance on
private property. Like zoning and other laws that apply on private property,
the use of private shore property may be regulated by the City in the interest
of public health, safety and welfare. Like stream setbacks, where vegetation
clearing and development are prohibited for the legitimate purpose of water quality protection, the protection of natural dunes,
berms and shorelines is a legitimate goal of regulations prohibiting
disturbance of natural geological features of the shore.
CUE/FENSKE - LIKE TO MAKE AN AMENDMENT, PLEASE, TO
CHANGE THE WORDING AND DELETE LINE ITEMS ON THE ORDINANCE ON PAGE 212 AND THESE
ARE LINE ITEMS 161 THROUGH 172 AND INCLUDE IN THAT THE DEFINITIONS THAT ARE
LISTED ON THE MEMORANDUM FROM GORDON (CITY ATTORNEY) AND I’LL READ THAT INTO
THE RECORD UNDER 19.16.020 ‘BEACH AREA DEFINED’ IS DELETED AND INSTEAD ‘DEFINITIONS’ IS
ADDED, - “FOR THE PURPOSES OF THIS CHAPTER, BEACH AREA SHALL INCLUDE THE ZONE
OF SAND, GRAVEL AND OTHER UNCONSOLIDATED MATERIALS THAT EXTENDS LANDWARD FROM
THE LOW WATER LINE TO THE PLACE WHERE THERE IS A MARKED CHANGE IN MATERIAL. “BERM” MEANS A NATURAL, LINEAR MOUND OR
SERIES OF MOUNDS OF SAND OR GRAVEL, OR BOTH, GENERALLY PARALLELING THE WATER AT
OR LANDWARD OF THE LINE OF ORDINARY HIGH TIDE. “STORM BERM” MEANS A BERM FORMED
BY THE UPPER REACH OF STORM WAVE SURGES OR THE HIGHEST TIDES. STORM BERMS
GENERALLY INCLUDE AN ACCUMULATION OF SEAWEED, DRIFTWOOD, AND OTHER WATER-BORNE
MATERIALS. A BEACH MAY HAVE MORE THAN ONE STORM BERM.”
Councilmember
Marquardt asked for clarification on how this affects those who want to go down
on Bishop’s Beach or anywhere on the Spit and build a camp fire. The way this
reads it sounds like the only place to find usable wood for a camp fire is in
the storm berm zone. So, would this ordinance be basically saying that the City
is going to prohibit the gathering of wood for a campfire on the beach?
Councilmember Cue
responded that the gathering of wood from the storm berm is prohibited, the
gathering of wood from below the storm berm is permitted.
There was further
discussion.
City Manager
Drathman interjected that his comment would be that if there is drift wood on
the berm, meaning the lower of the two and not the storm berm, it appears that this could still be used for
a fire. He stated that the drift wood only gets to the highest level with the
highest tide and that 99% of it starts out at the lower level. Therefore, he
voiced his belief that this is not precluding people from burning drift wood,
it is only precluding people from burning or tampering with driftwood that is
in the storm berm, which is the highest level.
Council noted
that there may still be some confusion regarding vehicles on the berm, where to
collect driftwood and where not to collect driftwood and the area west of
Bishop’s Beach as to what is storm berm.
FRIENDLY
AMENDMENT: There was a friendly amendment to include these definitions, as read
in the amendment, in 19.12.020, line 57-60 of the Ordinance, page 210 of the
packet.
It was pointed
out that the City Attorney had indicated, within his memorandum, that if the
Council deemed the definitions satisfactory that these should also be included
in 19.12.020.
There were no
objections to the friendly amendment. The renumeration will be automatically
done pursuant to HCC 1. 08.060,
Codification of ordinances; revisor authority.
Mayor Cushing
called for a recess at 8:30 p.m.,
reconvening the meeting at 8:37 p.m.
Councilmember
Marquardt reiterated the concern that there might be some confusion and the
perception that the area west of Bishop’s Beach is storm berm. He noted that
the City Attorney suggests in his memorandum, the definition of storm berm may
be better posed to a geologist or someone who regularly works this field to
identify what areas are storm berm, by a professional that can be
substantiated, before citations are issued. In the future the Council may want
to consider asking for a definition from a geologist.
Councilmember Cue
reported that when the Beach Policy Task Force was meeting they did visuals of
the areas wherein they thought there might be an impact with the driftwood
issues. They did take a look at the
area west of Bishop’s Beach and actually saw how the drift wood stabilized the
bluff when it was imbedded into the bluff
and how if people were pulling the drift wood out of the bluff this actually
contributed to the erosion of the bluff.
She voiced agreement with having geologists review the area and how the driftwood in that area actually
stabilizes that bluff. So that ten or fifteen years from now there won’t be a
West Bishop’s Beach Bluff Erosion Control Project.
VOTE: (primary
amendment 1 with friendly amendment)
YES: CUE, FENSKE, LADD, YOURKOWSKI,
MARQUARDT, KRANICH.
Motion carried.
The following is
the previous language.
19.16.020
Beach area defined.
For the purposes of this chapter, beach area shall include the zone of
sand, gravel and other unconsolidated materials that extends landward from the
law water line to the place where there is a marked change in material or
physiographic form. (Prior code '12-600.2).
19.16.021 Storm berm defined. For the purposes of this chapter, the storm berm
shall include the natural berm of sand, gravel and other unconsolidated
materials that develops at the uppermost point of the high tide line. Storm
berms most generally contain a steeper lower slope, a flatter upper slope and a
line of seaweed, driftwood and other debris along their top edge.
The following is the new language.
19.16.020 Definitions. For the purposes of this chapter “beach area” shall
include the zone of sand, gravel and other unconsolidated materials that
extends landward from the low water line to the place where there is a marked
change in material or physiographic form.
“berm” means a natural, linear mound or series of
mounds of sand or gravel, or both, generally paralleling the water at or
landward of the line of ordinary high tide.
“storm berm” means a berm formed by the upper reach
of storm wave surges or the highest tides. Storm berms generally include an
accumulation of seaweed, driftwood, and other water-borne materials. A beach
may have more than one storm berm.
The
new section will also be incorporated into Section 19. 12. 020, item c. will be
struck and the new definitions inserted and enumerated.
CUE/YOURKOWSKI
- WANT TO MAKE AN AMENDMENT TO INCLUDE THE OFFICIAL BEACH POLICY MAP OF THE
CITY OF HOMER, AS ENACTED BY REFERENCE AND IS DECLARED TO BE A PART OF THIS
CHAPTER IN ITS EXACT FORM AS IT EXISTS ON THE DATE THE ORDINANCE IS CODIFIED IN
THIS CHAPTER AS ADOPTED BY THE CITY COUNCIL.
According
to Councilmember Cue, the map coincides with the Beach Policy that was set up
for each of these areas or zones. Signage is included in the Policy and the
hope is that people will read the signs.
Clarity
of the map was discussed. It was noted that the map should be used in
conjunction with the Beach Policy. The areas on the map are identified by
number and relate to the numbered areas in the Beach Policy Document, which
Council has already adopted. The map will be distributed with the Policy. It was
emphasized that education is a major component of the Beach Policy, signage and
printed material.
The
City Manager stated that, as he envisions this, there will be subsequent maps
made for the specific sub areas. He noted that each tweak and adjustment, that
the Council makes, to the map will clarify the map more. Each area will have at
least one sub map for it and perhaps more.
Mayor
Cushing noted that a lot of ordinance making is the intent that is in the
record of the Council at the time of the ordinance. He stated that he wanted
the Council to have a chance to weigh in on intent citing the following:
That if somebody were to get a COE permit to access a
piece of property to build a retaining wall or something that may require the
removal of driftwood and access by vehicle in an area that has been determined
that there will be no driftwood removal or no vehicular access.
He
inquired, asking for confirmation, if the intent of the Council with this
ordinance is that the COE permit is the dominant permit for the operation on
that piece of property? He cited a current example:
The Ocean Drive Loop Bluff Erosion Control Project
wherein some geologist comes in and says technically there is a storm berm
inside that project and the Council has said no removal of anything in the
storm berm. As well, this project has gone through all the EPA cycle, all of
Fish and Wildlife, all of the COE and for a project the Council has fully
weighed in on supporting.
He
reiterated his question, is it the Council’s intent, with this ordinance, that
the Council is allowing the COE permit to be the dominant subject on a private
property or what the City is doing on a piece of property? He commented that it
would be easy for him to say that it is his intent and that the person should
have that privilege. He emphasized the importance for the intent of this
ordinance to be clear.
Discussion
ensued.
City
Manager Drathman recommended that the ordinance should be amended to add the
intent that the COE permit now trumps this ordinance. He noted that this
ordinance says nothing about COE permits. He further noted that to make a
statement, such as the Mayor is suggesting, would be somewhat inconsistent with
the City’s position with wetland permitting, in general going to the COE. The COE
does have the last word, however, the City has not delegated all its authority.
Councilmembers
Yourkowski and Cue advised the Mayor that the Beach Policy Task Force did not
address COE permits. They also noted that USFW’s Poppy Benson spoke in favor of
this ordinance.
Councilmember
Kranich noted that HCC 19.12. 050, Exceptions, lists: Sewer lines, water lines,
and various different types of utility things that can be done, providing that
such excavated material is not removed from the site. Also, that the City is
exempt from removing gravel, gravel fill or other fill material from any beach
or any portion of the Spit. He stated that some of the Mayor’s concern would be
abated with those sections. He further noted that power lines, wells, oil and
fuel tanks are also listed.
Councilmember
Ladd voiced his opinion that the City Attorney’s memorandum addresses some of
this:
City Attorney Memorandum: In my opinion, the City may
enforce this ordinance on private property. Like zoning and other laws that
apply on private property, the use of private shore property may be regulated
by the City in the interests of public health, safety and welfare. Like stream
setbacks, where vegetation clearing and development are prohibited for the
legitimate purpose of water quality protection, the protection of natural
dunes, berms and
shorelines is a legitimate goal or regulations
prohibiting disturbance of natural geological features of the shore. Of course,
such regulations must be rationally related to a legitimate public purpose, and
must not deprive the property owner of all viable uses of the property. Neither
of these requirements seem to pose a significant hurdle to the validity of the
storm berm/driftwood protection provisions of Ordinance 02-14.
Mr.
Ladd stated that there is a degree of common sense involve, which he believes
is what the City Attorney is telling the Council. The interest is in public
health, safety and general welfare.
Mayor
Cushing asked for those conducting the annual review to look at this issue.
VOTE: (primary amendment 2) YES:
KRANICH, CUE, FENSKE, LADD, YOURKOWSKI,
MARQUARDT.
Motion
carried.
MARQUARDT/CUE - LIKE TO FURTHER AMEND ON PAGE 212,
LINE 193, CHANGE $25 TO 50, ON LINE 194 CHANGE $100 TO 250 AND ON PAGE 213,
LINE 199, CHANGE $300 TO 500.
Pros and cons were discussed.
City Manager Drathman, with confirmation of the Chief
of Police, suggested that the $500 be $499, because the $500 level equates to a
misdemeanor which increases the City’s costs and provides the right to a jury
trial and a whole bunch of things the Council probably does not want to do.
MARQUARDT/ - AMEND THE AMENDMENT TO $499. (The Mayor
did not recognize a second, asked if there were any objection, RRO pages 51-52,
Unanimous and general consent, rules.)
VOTE: (amendment 1. to primary amendment 3.) YES: NON
OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Discussion ensued regarding the appropriateness of the
increase in the fines. Police Officer discretion was mentioned and perhaps the
issuing of warnings for a period of time.
KRANICH/CUE - MOVED TO AMEND THE AMENDMENT THAT THE
FIRST OFFENSE BE $25. (Line 193.)
Councilmember Kranich stated that the first offense
should be $25, however, further offenses should have more fine.
There was further discussion.
City Manager Drathman informed the Council that the
Judge has discretion of fining up to the amount or portions of it. He
emphasized that the Council does not want to take away the Police Officer’s
discretion to issue a warning ticket nor does Council want to issue a directive
to issue a warning ticket.
Councilmember Ladd stated that he would support this
if the ambiguity in the ordinance is removed and that he sees the word “tamper”
as a major part of this ambiguity. He
noted the City Attorney’s memorandum:
In the absence of a code definition, the court will
look to the dictionary… Websters.. Criminal Code.…. In any event, these are issues that would likely be sorted out by
the police in the course of writing citations and, assuming the police write a
citation, by the judge in the course of deciding whether such conduct is
unlawful under the applicable definition of “tamper”.
Mr. Ladd stated that now the ordinance is right back
to when it initially cam to the Council.
Discussion ensued on the word “tamper”.
VOTE: (amendment 2. to primary amendment 3.) YES:
LADD, YOURKOWSKI, MARQUARDT, KRANICH, CUE, FENSKE.
Motion carried.
VOTE: (primary amendment 3 as amended.) YES:
MARQUARDT, KRANICH, CUE, LADD.
NO:
FENSKE, YOURKOWSKI.
Motion carried.
Mayor Cushing asked for the Map to have noted on it to
refer to the most current copy of the Beach Policy.
Council discussed the Map.
CUE/KRANICH - MOVED TO AMEND THE MAP TO DELETE ON THE
BOTTOM OF THE MAP THE BEACH ACCESS POINT DESCRIPTOR.
VOTE: (primary amendment 4.) YES: NON OBJECTION.
UNANIMOUS CONSENT.
Motion carried.
The
descriptor on the bottom of the Beach Policy Map that is deleted. (This is the
“._____ Beach Access Points”.)
YOURKOWSKI/CUE
- ON PAGE 211, LINE 107, AFTER THE WORDS “POWER LINES,” I’D LIKE TO AMEND TO
ADD “ARMOUR ROCK OR SHEET PILES”.
Councilmember
Yourkowski said that he thought this might alleviate some confusion with COE
permits
and some beach protection modalities
Mayor
Cushing suggested changing sheet piles to sheet pilings.
VOTE: (friendly amendment to primary amendment 5.)
YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion
carried.
Councilmember
Kranich asked if gabions would be considered armor rock.
Mayor
Cushing stated that gabions could be considered a form of armor rock.
City
Manager Drathman interjected that this section of the City Code, 19.12.050 does
not say that a permit is not required only that no permit is required for the
excavation necessary for the…..
Council
discussion continued.
KRANICH/YOURKOWSKI
- MOVED TO AMEND TO DELETE WORD “SHEET”.
VOTE: (amendment to amendment 5.) YES: NON OBJECTION.
UNANIMOUS CONSENT.
Motion
carried.
VOTE: (primary amendment 5 as amended.) YES: NON
OBJECTION. UNANIMOUS CONSENT.
Motion
carried.
Amendment
5. The following amendment is depicted by bold underline: 19.12.050 Exceptions.
a. No permit shall be required
for excavation necessary for the installation of sewage lines, water lines,
underground power lines, armor rock or pilings, wells, oil and
fuel tanks and related lines and aboveground power lines from any location
other than a berm area, provided such excavated material is not removed from
site of construction, nor shall a permit be required for clearing or
maintaining any public road.
There
was a concurrence of the Council to add to the agenda directly following
Ordinance 02-14, a Discussion regarding the annual review of the Beach Policy.
LADD/KRANICH
- MOVED TO AMEND TO CHANGE LINES 132, 133 ON
PAGE 211, TO READ AS FOLLOWS: NO PERSON SHALL REMOVE OR BURN DRIFTWOOD
FROM A STORM BERM. (Deletes word tamper.)
City
Manager Drathman emphasized the need for the word tamper and encouraged the
Council to leave it in.
FENSKE
- CALLED FOR THE QUESTION.
THERE WAS NO OBJECTION TO THE CALL FOR THE QUESTION ON
AMENDMENT 6.
VOTE:
(primary amendment 6.) YES: LADD.
NO:
MARQUARDT, KRANICH, CUE, FENSKE, YOURKOWSKI.
Motion
failed.
FENSKE
- CALLED FOR THE QUESTION ON THE MAIN AMENDED MOTION.
THERE WAS NO OBJECTION TO THE CALL FOR THE QUESTION.
It
was noted that the City Clerk will correct the title to reflect the amendment
regarding definitions.
VOTE:
(main amended motion) YES: CUE, FENSKE, LADD, YOURKOWSKI, MARQUARDT, KRANICH.
Motion
carried.
Mayor
Cushing called for a recess at 9:45 p.m., reconvening at 9:58 p.m.
A.1.
Annual Review of Beach Policy.
Councilmember Yourkowski noted that each year a report
will be added to the original report that was adopted on June 25, 2001, so a
re-evaluation is upcoming. He relayed hearing more and more complaints,
specifically about Bishop’s Beach and also about below Kachemak Drive and below
the Bay Club.
Mayor Cushing and Councilmember Yourkowski showed a
short video depicting a vehicle on the beach in the Bishop’s Beach area, below
the Elks’ Lodge. The intent of the video was to show why there are concerns
with vehicles on the beaches, potential hazards to pedestrians and the need for
enforcement.
Councilmember Yourkowski stated that this is something
that the Task Force and Administration
should be concerned about and that hopefully the Task
Force will come up with some recommendations for some changes. In his opinion,
the Task Force is supposed to meet, take input from the City
Administration/Police on how well the policy has worked.
Councilmember Marquardt commented on the reckless
driving being a total safety hazard and
that the noise is very disruptive.
Councilmember Ladd commented about the use of the
Green Timbers area and that he would like this area reviewed.
Councilmember Fenske and Kranich agreed that Green
Timbers has been used for the last 75 or 100 years as a picnic spot. There is a
road that does run out to the berm and as long as people restrict their
traffic to that, there is no problem, particularly
those who may have a problem walking. There is an ordinance to address driving
on the storm berm.
City Manager Drathman suggested that when the year is
up that perhaps the Mayor reassemble the Beach Policy Task Force again and that
this be a little less staff expensive. He stated that the City Clerk can show
the Task Force how to turn on the tape and suggested that a Task Force person
or volunteer take notes. The meetings would be noticed.
Mayor Cushing commented that there are not funds to
implement much at Green Timbers; however there may be Coastal Grant funds on
January 1st.
B. Consent
Agenda Item B. Substitution approved under agenda approval. Ordinance
02-20(S), Of the City of Homer
Amending Homer City Code Chapter 10.08, Protection of Port and Harbor, to
Change the Title to Protection of the Harbor and Waterways, to Prohibit the
Dumping of Oil and Other Substances, to Establish Harbor Speed Limits and to
Set Penalties for Violations. City Manager. Recommend introduction, Public
Hearing and Second Reading June 10, 2002.
FENSKE/KRANICH - MOVED FOR THE ADOPTION FOR
INTRODUCTION OF ORDINANCE 02-20(S) BY READING OF TITLE ONLY.
Councilmember Fenske commented on the definition of
waterway, page 16 of the packet, third paragraph down from the top of the page.
He stated that the reason for the amendment is that he thinks this is
appropriate, because the ordinance deals with pollutants, oil spills and would
be a convenient place to have that addressed for the reservoir as well.
FENSKE/ - MOVED TO AMEND, WHERE IT BEGINS “WATERWAY
MEANS ANY WATER, WATERWAY, LAKE, RIVER, TRIBUTARY OR LAGOON WITHIN THE CITY
BOUNDARIES OF HOMER” AND AFTER THE “LAGOON” ADD “AND RESERVOIR”.
Mayor suggested adding the reservoir after the word
City, because the reservoir is not in the City
boundaries.
Councilmember Fenske concurred.
FENSKE/MARQUARDT - MOVED TO AMEND, WHERE IT BEGINS
“WATERWAY MEANS ANY WATER, WATERWAY, LAKE, RIVER, TRIBUTARY OR LAGOON WITHIN
THE CITY BOUNDARIES OF HOMER” AND AFTER THE WORD “CITY” ON LINE 56 , “TO
INCLUDE THE CITY RESERVOIR”.
The motion was seconded after the Mayor’s suggestion.
City Manager
Drathman stated that most of this is in place for the reservoir already
in the reservoir ordinance. He cautioned that this amendment may cause a lot of
confusion, emphasizing that this ordinance is specific to the port/harbor area.
He will forward this amendment to the City Attorney for his input.
Discussion ensued on the amendment.
THERE WAS A CONSENSUS TO WITHDRAW THE AMENDMENT.
Mayor Cushing stated that this amendment will be back
to the Council at second reading if applicable.
The penalty fines were mentioned and comment made that
perhaps these fines should be raised.
VOTE: YES: NON
OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Consent
Agenda Item D. Substitution approved under agenda approval: Ordinance
02-22(S), Of the City Council of Homer, Alaska Amending Section 21.48.030
of the Homer Zoning Code to Designate Large Developments, Or High Percentage
Lot Coverage as Conditional Uses in the Central Business District. City Manager. Recommend introduction, Public
Hearing and Second Reading June 10, 2002.
Memorandum
from City Planner as backup.
MARQUARDT/CUE
- MOVED FOR THE ADOPTION, FOR FIRST READING/INTRODUCTION, OF ORDINANCE
02-22(S)FOR FIRST READING BY READING OF TITLE.
The
new wording item n. reads: Permitted uses with structures in excess of 8,000
square feet of building area or an building area in excess of 30% of the lot
area.
The
following are highlights of Council’s discussion:
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion
carried.
G. Ordinance
02-25, Of the City of Homer, Amending the Homer City Code to Add Chapter
18.07, Requiring Funding for Works of Art in Projects for Construction,
Remodeling and Renovation of Certain Public Facilities. Yourkowski. Recommend introduction, Public
Hearing and Second Reading June 10, 2002.
YOURKOWSKI/MARQUARDT - MOVED FOR THE ADOPTION OF
ORDINANCE 02-25 FOR INTRODUCTION AND
FIRST READING.
Councilmember Yourkowski agreed with Councilmember
Ladd’s comment under Ordinance 02-22(S), that this is a special place and that
the Council wants to keep it a special place and unique. Providing for Works of
Art in Homer’s public buildings is important, supports the concept that Homer
is an arts town. This is an economic issue since people do come to Homer to
visit the art galleries. High quality of life means businesses want to move
here. One percent is a small price to pay. He urged the Council to move this
ordinance to public hearing to get the public input.
Two
typos within the ordinance were duly noted and consensus of the Council that
these are to be corrected: First Whereas clause, ‘have’ should be ‘haven’ and
under Section 18.07.050, line 103, change ‘are be incorporated’ to ‘are to be
incorporated’.
Pros
and cons of the ordinance were discussed and public input is desired. Aesthetic
values were mentioned.
Council
discussed the art funding requirements for public buildings and facilities:
Plans and specifications for the original construction, remodeling or
renovation of municipal buildings and facilities resulting in proposed capital
expenditures exceeding the sum of $50,000 shall contain and provide for the
inclusion of works of art of value of one percent (1%) of the total cost of the
construction, remodeling or renovation project. All appropriations for capital
improvements falling within the provisions of this chapter shall be deemed to
include funding to implement the requirements of this section.
There
was discussion about possibly placing a cap on that amount that has to be spent
on the works of art, citing an example wherein the 1% on the New Dock project
would have been $110,000, which may be better spent doing further repair,
renovation or improvements. Cautioned was issued regarding revenues received
for projects. Basic structures are needed and funding works of art cuts into
the project. There was suggestion to
seek special funding for development of the arts or seek this through private
fund raising. It is up to “us” as a
City to ensure that the City has the facilities it needs.
VOTE: YES: FENSKE, YOURKOWSKI, MARQUARDT, CUE.
NO:
LADD, KRANICH.
Motion carried.
CITY MANAGER'S REPORT
A. City
Manager's Report
1. Surplus Equipment - successful bidders
2. Impounded Vessel Sale - successful
bidders
3. From Port/Harbor Commission, Re:
Commemoration of the Sedge Class Buoy Tender
City Manager Drathman pointed out that the
Commemoration of the Sedge Class Buoy Tender, he thinks, is referring to some
sort of monument and that administration is working with the Coast
Guard, not just the Port/Harbor Commission. In
response to Council inquiry, the Manager advised that the budget has not been
identified, that the Coast Guard will probably chip in, this will be back to
the Council, and that the Coal Point Park area and an area close to the berth
are being reviewed as possible sites.
Mayor Cushing commented about meeting with the US
Coast Guard to bring this idea to the City’s attention.
B. Bid
report.
The City Clerk, in response to inquiry by the Mayor,
advised that the Bid Opening for the Forest Glen and Harrington Height Water
and Sewer projects is June 17th, not May 17th.
COMMITTEE REPORT
A. Road
Standards Committee
Chair Marquardt reported that the Road Standards
Committee is supportive of Ordinance 02-23(S) and that there was not a quorum
at their last meeting, June 23rd.
B. Town
Square Working Group
Councilmember Yourkowski stated that the Town Square
Working Group is meeting this Thursday, that the last two meetings have been
canceled, therefore, there has not been much progress.
C. Beach
Policy Implementation Group
D. Parking
Task Force
PENDING BUSINESS
A. Memorandum
02-21, from City Clerk, Re: Prioritization of Project list. (Postponed on
April
8, 2002 to the May 13, 2002 meeting, Postponed May 13,
2002 to May 28, 2002 meeting.
Recommendation: Approve a list of ten to twenty
projects.
POSTPONED ON MAY 13, 2002, MAIN MOTION IS ON THE
FLOOR: CUE/KRANICH
- MOVE TO APPROVE THE RECOMMENDATIONS OF MEMORANDUM 02-21 PRIORITIZATION OF
PROJECT LIST.
KRANICH/CUE
- MOVED TO POSTPONE ADOPTING THE RECOMMENDATION OF MEMORANDUM 02-21 TO THE
FIRST MEETING IN JUNE.
City Manager Drathman suggested that before Council
leaves tonight that the City Clerk have the final language of which projects
are listed on the short list. Staff will get this out to the Council
sometime tomorrow so that everyone has the same
thing and to avoid what bogged Council down that last time. If Council finds
something new add it and that can be thrown in a separate category. He stated
that if they can all agree on what is being voted on then he will be glad to
produce another table of projects prioritized, based on the ranking Council
gives these. He urged the Council to get these back to staff by Friday.
There was a concurrence by the Council regarding
the prioritized lists back to staff by Friday.
VOTE: (postponement.) YES: NON OBJECTION. UNANIMOUS
CONSENT.
Motion
carried.
NEW BUSINESS
RESOLUTIONS
COMMENTS OF THE AUDIENCE
Helen Croom, Halibut Charter and Espresso Shop,
advised that this is the fifth season that she and her husband have had this
business out on the Spit. They were previously located on the SeaBreeze
Boardwalk, that Dick Synhorst owned. She advised that Mr. Synhorst sold the
Boardwalk and they were displaced off the Boardwalk and have been in storage
down at Herndon’s place for the last couple of years. She reported that immediately
she came to the City Manager and asked if there were any property that they
could rent out on the Spit. She informed the Council that basically this is why
she is at the Council meeting, because she does not know what needs to happen
so that there could be more property to rent. She stated that she filled out
the application, paid the money, for property out on the Spit. The Manager told
her that there was not anything and he refunded her deposit. This year she came
back and asked the Manager again, specifically, because she had contacted Mr.
McGee and did not know what transpired. Mr. McGee told her to come to the City,
because he no longer owned the property at the corner of Fish Dock Road and the
Spit Road. She relayed that this is what she did, she came back and asked the
City Manager if she could lease that property, because the deal she had with
Mr. McGee, last fall, was that this season she would be able to lease that
property. Of course then, he did not own it anymore so it reverted to the City.
She noted that she came in and that was about three weeks ago, maybe four, and
was told that the City did not know what it was going to do with that property,
if it was going to be developed, and had to go out to Committee. She emphasized
that this made perfect sense to her that this was not something that there
could be a snap decision over and she went on her merry way. She noted that she
had been given a name and number to contact. She said that she went over
“there”, and there was a business doing exactly what she does, which is an
espresso shop, interjecting that she and her husband also have a charter
business. She reiterated, that she just came to ask the Council what she is
doing wrong and how does one get property on the Spit and why is somebody sitting
on the property that she was told, “No, we have not decided how we are going to
develop it.”
She was thanked for her input and for bringing this to
the Mayor and Council’s attention. She was assured that there would be some
discussions and follow up on this amongst themselves. Generally, the proposals
are brought to the Council and then they act on these as a Council. The Council
did in fact approve “that license” which had been in the process for several
months before that. She was asked to give the City Manager a chance to get her
a response or to give the Council some ideas.
Mrs. Croom stated that the Manager did not apprise her
that he already had an application or that he was already considering
something. The response from him was that the City is totally undecided about
what is going to be done. She reiterated that she just does not understand why
she was not given a chance to get the property.
Councilmember Fenske noted that the Crooms have been
extremely patient with Council’s long meeting. He noted that he does not have
any idea what the reasons were that the City Manager had for not leasing the
property to them. He stated that he does know that the business that is there
is a self contained business and is not leasing a building. Regarding the Croom
business, he stated that he does not know if that is what they were going to
do, adding that the building does not belong to the City. He emphasized that the Council does take the
Crooms’ concerns very seriously, because the Council does want them to have a
business here, wants them to make money and wants them to pay taxes. He stated
that the Council smiles on them.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans was not present.
COMMENTS OF THE CITY CLERK
City Clerk Calhoun had no comment.
COMMENTS OF THE CITY MANAGER
City Manager Drathman had no comment.
COMMENTS OF THE MAYOR
Mayor Cushing wished happy trails to Joel Gay[1],
that he has been good to work with and wished him good luck.
COMMENTS OF THE CITY COUNCIL
Councilmember Fenske relayed that a couple of
different individuals have talked to him about forming a water/sewer LID on
Kachemak Drive. Just this evening a gentleman voiced his interest in a
water/sewer LID along Kachemak Drive. There are several people along Kachemak
Drive that would like water and sewer extension in that area. The Council needs
to be kept up to speed with the development going on in the City. On the big
project list there was an item about water and sewer expansion on Kachemak
Drive. He stated that he wanted the Council to know that while they are
doing their priorities there has been some recent talk
and inquiry about water and sewer extension on Kachemak Drive.
Councilmember Cue thanked everyone for two years and two hours of very hard work on
behalf of the Beach Policy Task Force. She apprised the Council that when she
decided to be on the Council her top priority was the appearance of the Homer
beaches, an important public resource. She stated that she did not realize how
much time and energy it takes to make something like this happen. She voiced
appreciation to the Council for their support of the Beach Policy, pointing out that this is the first step. She
briefly commented on the video depicting the destruction and disruption of the
beaches, noting that the Council needs to go beyond the policy and take a
harder look at this special community and how Council wants the people in the
community to take care of this resource. She asked the City Manager to put some
information into the newspapers regarding Ordinance 02-14.
City Manager Drathman advised that the Beach Policy
Implementation Group will be reassembled, same as the Council who will be busy
doing the update on the Beach Policy, and will bring back to the Council a plan
with the implementation which will include advertising, signage and parking
lots. He noted that staff can move a lot faster and now knows what the Council
wants done. He noted that the Council
will be reactivating the Beach Policy Task Force for the annual review and that
he assumes they will be busy with that process.
Mayor Cushing advised that by the middle of June the
City will know if it qualified for funding under the grant submittal.
Councilmember Kranich
asked, that since the City Manager brought up a minute ago about making
copies of the prioritization list, if the Manager could burn Councilmembers
copies of the survey questions.
City Manager Drathman responded that he does not have
the survey questions and that the Mayor does. He advised that he and the Mayor
have discussed this and will get copies for everyone.
Mayor Cushing interjected that he has survey questions
and Councilmembers Cue’s and Ladd’s survey questions. He inquired if the
Councilmembers wanted a final weigh in on their questions before distribution.
Councilmember Cue stated that she would take another
look at these if there is more time.
Mayor Cushing suggested that the Councilmember Cue
make her own distribution once she has finalized her questions.
Councilmember Ladd stated that he certainly would like
to look at his list again and resubmit it since he turned it in about a month
and a half ago. He asked for a consolidated list prior to the next meeting.
Since Council is going to submit their project prioritization list by Friday,
perhaps if someone has a question or two these could just be put in one packet
of materials for review and to facilitate a more meaningful discussion at the
Committee of the Whole.
Mayor Cushing stated that the intent of the Committee
of the Whole was to spend a good portion of the discussion on the survey.
Councilmember Ladd commented that he was interested to
hear Councilmember Cue talk that it has been several years plus that she has
been working on the Beach Task Force. He noted that he kind of looks at the
Steep Slope, which is no where near the Beach Policy. He pointed out the
scaring on the slope behind the High School (noted during the June 10, 2002
meeting that “High School” was inaccurate - Council voiced non objection to
“Karen Hornaday Park” being noted as the correct location in parenthesis) that
is an area wherein erosion will occur into the creek below. He voiced
encouragement that the Council not put the Steep Slope too far on the back
burner and give it a higher priority and incorporate the ocean bluff area.
Councilmember Kranich inquired if the City Manager and
Police Chief were wanting some kind of action on the Police Chief’s Vehicle.
City Manger Drathman advised that the Council has been
informed within twenty four hours as required and the item will be on the next
agenda for Council action.
ADJOURNMENT
There
being no further business to come before the Council the meeting was adjourned
at 11:18 p.m. The next regular meeting is scheduled for Monday, June 10, 2002
at 7:30 p.m. in the Homer City Hall Council Chambers located at 491 E. Pioneer
Avenue, Homer, Alaska. The Council's Committee
of
the Whole is scheduled to meet at 4 p.m. on June 10, 2002, in the Homer City
Hall Council Chambers. The Manager's Transition meetings with the public are
scheduled for May 29 from 5:00 p.m. to 7:00 p.m. in the City Hall Council
Chambers.
______________________________________
MARY L. CALHOUN, CMC, CITY CLERK
APPROVED:
[1] Joel Gay, News Reporter for Homer News, recently was hired by Anchorage Daily News and will be moving to Anchorage.