Session 02-23, a Regular Meeting of the Homer City Council was called to order at 7:40 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 4:03 p.m. to 5:55 p.m., agenda items were zoning issues Ordinance 02-42, Study Area #1, and Ordinance 02-43, amending Homer City Code 22.10, to provide for an abbreviated plat approval procedure for certain small subdivisions, the Lease Policy, Skateboard Park liability issues and the Regular Meeting agenda.
The City Council conducted a Budget Worksession from 6:23 p.m. to 7:26.5 p.m. Finance Director Baugh gave an overview of the 2003 Budget.
PRESENT: COUNCILMEMBERS: BECK, FENSKE, KRANICH, LADD, STARK, YOURKOWSKI.
STAFF: FINANCE DIRECTOR BAUGH (Act. Mngr)
CITY CLERK CALHOUN
PUBLIC WORKS DIRECTOR
ADMINISTRATIVE ASSIST. LIVINGSTON
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 requested changes: Corrections: To page 53 of the packet, Ordinance 02-47, section one, and a correction to reimbursement for private vehicle usage of $0.365, in Memorandum 02-56. Additions: Mayor Cushing requests two additions; Memorandum 02-58, Regarding Manager’s resignation letter, and Memorandum 02-59, Regarding Advertising the City Manager position, these will be placed under New. Business as Items A. and B. Finance Director requests Emergency Ordinance 02-49 to be added to the Consent Agenda as Item. M., Declaration of Emergency to the City Manager’s Report and Terri Boyle, UAA presentation, under Visitors.
PUBLIC
COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Stanley Welles advised that he was present to speak to the Council regarding Memo 02-58, with respect to Ron Drathman and that he wanted to be the first to acknowledge that there has certainly been community complaints about, what he would refer to as, “bed side manner”. He voice his thought that it is important to recognize what Mr. Drathman has done and what he deserves. He has presented balanced budgets that have used the available dollars efficiently; has helped many of the individuals, here, in the past in various problems; helped avoid much larger flood damage by concentrating on road drainage control, in particularly the annexed areas and not just recently, all year long and this is reflective of his attitude and diligence to the job in which he has provided and served the community. Mr. Welles pointed out that the City Manager has been actively pursuing new economic opportunities, promising good jobs and revenue. He voiced his opinion that the City Manager has been looking at the long term big picture in contrast to this myopic, short sighted, disgusting effort to railroad Mr. Drathman out of the City Manager position without the due process to which he is deserving, a review in March. He heartily commended, thanked and endorsed the support of Mayor Cushing, Mayor Pro Tem Yourkowski, and Councilmember Fenske of the City Manager’s just deserts and consideration in the proper review procedure, previously scheduled for March. To the “rest”, Mr. Welles encouraged them to gather together, seek out Mr. Drathman, offer an apology and ask him to remove his resignation.
Wes Marks very briefly addressed the Council regarding the issue of the City Manager and voiced his belief that the citizens and the employees of the City of Homer would be best served by accepting, effective immediately, the resignation of Ron Drathman. He stated that Ron Drathman’s legacy, real or perceived, will reflect both accomplishments in which Stan Welles listed, and failures. He recommended that the Council make this a clean break immediately, rather than have potentially rancorous relations for 90 days, and get on with the business of the City.
Pamela Brode commented that she is a person with strong opinions on public policy and routinely gets involved in elections. She spoke on Memorandum 02-58, the City Manager’s resignation and the hiring of a future City Manager. She noted that she would obviously not want to see any City Manager who has a public policy agenda opposite to hers, but, she stated that she hoped she would not want to see a City Manager with a public policy agenda that his the same as hers. Ms. Brody relayed her thought that it is naturally appropriate for elected officials, such as City Councilmembers, to take controversial stands, adding that she believes everyone will be best served by a City Manager who is not a controversial person. She shared her belief that a City Manager should have the following abilities:
1. To run the City with maximum efficiency, providing maximum services at minimum cost 2. To inspire high moral and dedication among other City employees
a. City employees and all employees should be able to have confidential input into their manager’s evaluation.
3. A City Manager should be able to implement policy decisions of the Council
4. A City Manager should inspire and promote trust, cooperation, consensus and compromise a among City Councilmembers and among the residents of the City.
She commented that the current City Manager is a man of considerable abilities and considerable controversy. She stated that it is in the best interest of the City to accept the City Manager’s resignation immediately and designate a temporary manager who can work well with all City Councilmembers and with the residents of the City, including the annexed areas.
Kevin Hogan voiced a concern about the disaster declaration and wondered if the Council could amend the Manager’s declaration and suggested that there be some mention of the losses weathered by the business community in order to pave the road for possible aide, grants, assistance or loans or whatever might be available. He advised that there are a number of businesses that suffered financial losses as a result of the recent weather conditions. He voiced appreciation and thanks to Mr. Drathman for the job he did well and also, acknowledge his short comings. Mr. Hogan stated that there are a lot of things he did not agree with and did agree with, with Mr. Drathman. He emphasized the one thing that he noticed was a style that did not have to do with policy, but he believes does expose the City to liability. He informed the Council that every time he had met with the City Manager there was always a portion of the flow of the conversation that included derisive comments of someone or another, whether an agency, a person, or a Councilmember, a Commissioner member. Her reiterated his fear that this is a huge liability, because one of these times one of those people are going to hear what is said about them and they are not going to take it lying down and are going to come swinging with lawyers. He voiced his opinion that it is time to cut our losses, go on with life, thank Mr. Drathman for what he did well and acknowledge that this is a liability and deal with it.
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.)
Mayor Cushing excused himself from dealing with Consent Agenda Items I and J, stating that his wife may have a conflict of interest since she is a member of an LID that would be affected by the loans. Mayor Pro Tem Yourkowski would preside over those items.
A. Homer City Council unapproved meeting minutes of October 14, 2002, special and regular and October 21, 2002 special. Recommend approval.
B. Ordinance 02-44, Of the City Council of the City of Homer, Alaska, Amending HCC 21.69.020, Public Hearing Procedures, to Publish Notice at Least Once in a Paper of General Circulation. City Manager. Fiscal Note: Reduction in Planning and Zoning publication costs. Recommend introduction and public hearing and second reading on November 25, 2002.
C. Ordinance 02-45, Of the City Council of Homer, Alaska Appropriating $10,000.00 from the City Council’s Budget, Professional Services, for a Community Survey. Mayor/City Council. Fiscal Note: From Expenditure Acct. 100.5210.100 to new Expenditure Acct. 100.5213.100. Recommend introduction and public hearing and second reading on November 25, 2002.)
D. Ordinance 02-46, Of the City Council of Homer, Alaska, Accepting and Appropriating Grants from Rotary - Homer, Rotary International - Kyoto, Japan., and the Skateboard Association in the Total Amount of $27,000.00 for the Homer Skateboard Park Equipment and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Grants totaling $27,000.00 appropriated to Expenditure Acct. 151.747, Skateboard Park Equipment. Recommend introduction and public hearing and second reading November 25, 2002.
E. Ordinance 02-47, Of the City Council of Homer, Alaska, Accepting and Appropriating a State Department of Environmental Conservation Grant in the Amount of $1,572,000.00 and Appropriating a Match of $673,714.00 from the Homer Accelerated Water and Sewer Program for a One Million Gallon Storage Reservoir and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Match transferred from the Homer Accelerated Water and Sewer Program, grant and match appropriated to Expenditure Acct. 215-814. Recommend introduction and public hearing and second reading November 25, 2002.
F. Ordinance 02-48, Amending Chapter 17.04 of the Homer City Code Concerning Special Assessments and Connection Fees for Properties Subdivided after the Creation of a Local Improvement District. City Manager. Recommend introduction and public hearing and second reading November 25, 2002.
Councilmember Kranich asked that Ordinance 02-48 be removed from the Consent Agenda. It will be placed under Ordinances as Item A.
G. Resolution 02-70, Of the Homer City Council Designating Signatories of City Accounts, Superseding any Previous Resolution so Designating. City Manager. Recommend adoption.
H. Resolution
02-71 Directing the Administration and Elected Officials to Develop a
Partnership with the Kenai Peninsula Borough and Other Effected Borough
Municipalities to Urge our Congressional Representatives to Acquire Funding for
a U.S. Geological Survey Project that will
Collect and Interpret Data and Create a Model of Sediment Transport and
Erosion Patterns on the Borough’s Coastlines. Yourkowski. Mayor. Recommend adoption.
I. Resolution 02-72, Of the City Council of Homer, Alaska Approving the Borrowing of an Amount not to Exceed $3,431,113.00 from the Alaska Clean Water Fund for Wastewater System Improvements; Authorizing the Execution and Delivery of Documents Required in Connection Therewith; and Authorizing the Taking of all Other Actions Necessary to the Consummation of the Transactions Contemplated by this Resolution. City Manager. Fiscal Note: Twenty years at 2.5% interest. 50% Property Owner Assessments and 50% Homer Accelerated Water and Sewer Program. Recommend adoption.
J. Resolution 02-73, Of the City Council of Homer, Alaska Approving the Borrowing of an Amount not to Exceed $3,416,603 from the Alaska Drinking Water Fund for Municipal Water System Improvements; Authorizing the Execution and Delivery of Documents Required in Connection Therewith; and Authorizing the Taking of all Other Actions Necessary to the Consummation of the Transactions Contemplated by this Resolution. City Manager. Fiscal Note: Twenty years at 2.5% interest. 50% Property Owner Assessments and 50% Homer Accelerated Water and Sewer Program. Recommend adoption.
K. Memorandum 02-56, from City Clerk, Re: Travel Authorization for Mayor, Council and Department Heads to the AML Annual Conference and Associated Meetings and Training Sessions to be held in Valdez, November 9-15. Fiscal Note: Each department budgets separately for this conference week. Mayor/Council budget $4,000.00 for subsistence and $6,000.00 for Travel. Recommend approval.
L. Memorandum 02-57, from City Clerk, Re: Cancellation of the November 11th Regular Meeting. This is AML Annual Conference Week and the 11th is Veteran’s Day. Recommend approval.
M. Ordinance 02-49, An Emergency Ordinance Of the City Council of Homer, Appropriating $291,000.00 from the Special Project Reserve Account in the CIP Fund for Disaster Repair. City Manager.
Memorandum from Public Works as backup.
FENSKE/BECK - MOVED FOR THE ADOPTION AND/OR APPROVAL OF THE CONSENT AGENDA, THAT PART THAT WAS READ. (Consent Agenda Items A - E. G-H, K, L, M)
Councilmember Kranich requested that Item M. be removed from the Consent Agenda. This was placed as Item B. under Ordinances. (He had requested, during the reading of the Consent Agenda, that Item F. be pulled, it was placed under Ordinances as Item A.)
VOTE: (Items A-E, G-H, K and L.) YES: FENSKE, LADD, YOURKOWSKI, STARK, KRANICH, BECK.
Motion carried.
Council voiced a consensus that Mayor Cushing does not have a conflict of interest with regard to Consent Agenda Items I and J, since these are general in nature and affect the assessment districts and property owners equally.
FENSKE/LADD - MOVED FOR THE ADOPTION OF THE RECOMMENDATIONS OF RESOLUTIONS 02-72 AND 02-73 BY READING OF TITLE.
The Fiscal Note on Resolutions 02-72 and 02-73 was restated: Twenty years at 2.5% interest. 50% Property Owner Assessments and 50% Homer Accelerated Water and Sewer Program Recommend adoption.
Finance Director Baugh advised, in response to Mayor Cushing’s inquiry, that the extension of water and sewer to Kachemak Drive is about $600,000 out of the $7 million.
VOTE: (Items I and J.) YES: BECK, FENSKE, LADD, YOURKOWSKI, STARK, KRANICH.
Motion carried.
VISITORS
Terri Boyle encourage voting in favor of Bonding Proposition C at tomorrow’s, November 5th, State General Election.
Bonding Proposition C. - State General Obligation Educational and Museum Facility, Design, Construction, and Major Maintenance Bonds $236,805,441. (Cha. 2, SSSLA 2002) Shall the State of Alaska issue its general obligation bonds in the principal amount of not more than $236,805,4441 for the purpose of paying for the cost of design, construction, and major maintenance of educational and museum facilities.
She reported on increased demands for the Kachemak Bay Branch, the Homer Campus, during the last five years and how this funding is hoped to benefit the Homer area with expansion to the current facility on Pioneer Avenue.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS
Parks and Recreation Commission Report by Commissioners Carole Hamik and Mimi Tolva.
The Commissioners encouraged the Council to support efforts to obtain easements with John Hanson in the Foothill Subdivision to secure the Soundview Trail. They relayed the history of the trail, that it had scored rather high on the STIP list at $150,000 of state and federal monies and that there were different bumps in the road. They emphasized that this is to be a lighted trail and will enhance the subdivision as well as provide a much needed pedestrian access. The acquisition of the trail easements apparently stalled somewhere, and, according to ADOT’s Planner Rex Young, if the easements are not secured shortly this money may be lost, since this is fiercely sought after money.
There were supporting comments from the Mayor and Council and the Commissioners received accolades for their efforts on getting this trail.
Mayor Cushing suggested that now might be a better time frame to approach Mr. Hanson. He offered to assist Public Works Director Meyer in meetings with Mr. Hanson.
PUBLIC
HEARING(S)
A. Ordinance 02-40, Of the City
Council of Homer, Alaska Appropriating
$35,000.00 from the Public Works Fleet Reserve Fund for the Purchase One 12G Caterpillar
Motor Grader from Larry Herndon and Authorizing the City Manager to Execute the
Appropriate Documents. City Manager. Fiscal Note: Appropriated from the Public
Works Fleet Reserve to Acct. 152.4902.383. (First Reading October 14, 2002, Public
Hearing October 28, 2002 and Second Reading directly after public testimony.)
There was no Public testimony.
KRANICH/LADD - MOVED FOR THE ADOPTION OF ORDINANCE 02-40 BY READING OF TITLE FOR SECOND AND FINAL READING.
Councilmember Ladd noted that with the new roads acquired by the City there is good rationale for this purchase.
Councilmember Kranich noted that this is historically a good piece of used equipment and is recommended by Public Works Mechanics.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Ordinance 02-41, Of the City Council of the City of Homer, Alaska, Accepting Certain Tax-Foreclosed Property, Parcels 177-177-0600 and 177-177-0780, Deeded to the City by the Kenai Peninsula Borough and Designating as Undesignated. Mayor/Council. Fiscal Note: Total unpaid taxes due are $1,466.08 and Total Ocean Drive Bluff Erosion Control Estimated Assessments are $120,217.50. (First Reading October 14, 2002, Public Hearing October 28, 2002, November 4, 2002, Second Reading November 25, 2002.)
There was no Public testimony.
C. Ordinance 02-42, Of the City Council of the City of Homer, Alaska Amending the Homer City Zoning Map to Zone Portions Annexed Area Identified as Study Area #1. City Manager. (First Reading October 14, 2002, Public Hearing October 28, 2002, Second Reading November 25, 2002.)
There was no Public testimony.
D. Ordinance 02-43, Of the City Council of the City of Homer, Alaska Amending the Subdivision Code, Chapter 22.10 of the Homer City Code to Provide for an Abbreviated Plat Approval Procedure for Certain Small Subdivisions. City Manager. (First Reading October 14, 2002, Public Hearing October 28, 2002, Second Reading November 25, 2002.)
Mayor Cushing voiced conflict of interest and excused himself from the table.
Mayor Pro Tem Yourkowski presided over the public hearing.
Carole Hamik inquired if this Ordinance refers to new subdivisions and sidewalks and trails and was told that it does not. She inquired what the status is of requiring sidewalks and trails for new subdivisions, adding that she will contact the Mayor regarding this matter.
ORDINANCE(S)
Mayor Cushing returned to the table.
A. Consent Agenda Item F. Ordinance 02-48, Amending Chapter 17.04 of the Homer City Code Concerning Special Assessments and Connection Fees for Properties Subdivided after the Creation of a Local Improvement District. City Manager. Recommend introduction and public hearing and second reading November 25, 2002.
Mayor Cushing voiced a conflict of interest and excused himself from the table.
Mayor Pro Tem Yourkowski presided.
FENSKE/LADD - MOVED FOR THE ADOPTION OF ORDINANCE 02-48 BY READING OF TITLE. (For introduction)
Council asked for the following to be addressed and/or clarified prior to the public hearing scheduled for November 25, 2002.
Vacation of lot lines to reduce the assessment amount owned by a property owner, which in turn affects the rest of the property owners in a district wherein equal assessments are assigned to each parcel, thus increasing the assessments to the rest of the property owners in an improvement district.
Concern was expressed regarding New section 17.04.180, subsection d. which reads: The City Manager is authorized to negotiate and execute a written
payment plan with the property owner on payment terms that are substantially
the same as those authorized for the local improvement district by the City
Council resolution adopted pursuant to subsection 17.04.090, subject to the
following
(i) The City Manager will refuse to
enter into such a payment plan if the City Manager determines there is
insufficient equity in the property to adequately collateralize payment of the
amounts due.
(ii) The property owner must execute
a written agreement and a recorded deed of trust or other instrument creating a
lien on the property for the payment of all sums due or to become due.
(iii) The
City Manager may adjust the interest rate on the payment plan up or down to
reflect any change in interest rates from the date of the original assessment
to the date of entering into the payment plan.
The interest rate on the payment plan will be a fixed rate unless the
interest rate on the original assessment set under section 17.04.090 was a
variable interest rate.
Questions: Does this mean that the Manager could negotiate something different from the rest of the property owners? Shouldn’t the payment schedule be the same as for the rest of those being assessed?
Councilmember Fenske pointed out, specifically, that the second Whereas clause says, “Whereas, the manner of division of assessments set forth in section 17.04.095 is not just, equitable, or appropriate when the assessments were originally made as a affixed amount per lot without regard to the characteristics of the lot (e.g., size or dimensions), because in such a case a subsequent subdivision means one or more lots will receive free benefits from the improvement where the assessments were levied on the assumption that every lot should pay an equal share for the benefits.” He expressed his opinion that this addresses the matter of the lot line vacation, wherein, a property owner could vacate a lot line, however, if at a later date that lot is subdivided then the parcel is assessed.
VOTE: YES: YOURKOWSKI, STARK, KRANICH, BECK FENSKE, LADD.
Motion carried.
Mayor Cushing returned to the table.
B. Consent Agenda Item M. Ordinance 02-49, An Emergency Ordinance Of the City Council of Homer, Appropriating $291,000.00 from the Special Project Reserve Account in the CIP Fund for Disaster Repair. City Manager.
Memorandum from Public Works as backup.
ON THE FLOOR THROUGH MOTION UNDER THE CONSENT AGENDA.
Mayor Cushing called for a recess at 8:52 p.m. So that the Council can review HCC 1.08.040, Emergency Ordinances: a. To meet a public emergency the Council may adopt ordinances effective on adoption. Every emergency ordinance must contain a finding by the Council that an emergency exists and a statement of the facts upon which the finding is based. The ordinance may be adopted, amended and adopted, or rejected at the meeting at which it is introduced. The affirmative vote of all members present, or the affirmative vote of three-fourths of the total membership, whichever is less is required for adoption. The Council must print and make available copies of adopted emergency ordinances. b. An emergency ordinance may not be used to levy taxes, to grant, renew or extend a franchise, or to regulate the rate charged by a public utility for its services. c. Emergency ordinances are effective for sixty days.
He reconvened the meeting at 9:02 p.m.
STARK/YOURKOWSKI - MOVED TO AMEND TO ADD JUST PRIOR TO THE NOW THEREFORE BE IT ORDAINED: THEREFORE, BE IT ORDAINED THAT THE CITY OF HOMER FINDS THAT AN EMERGENCY EXISTS; AND BE IT THEREFORE FURTHER ORDAINED TO REPLACE THE NOW THEREFORE BE IT ORDAINED.
VOTE: (Primary amendment 1.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
The therefore be it ordained clauses now read:
NOW, THEREFORE, BE IT ORDAINED that the City of Homer finds that an emergency exists; and
BE IT FURTHER ORDAINED by the Homer City Council :
FENSKE/STARK - MOVED TO AMEND TO ADD SECTION 4. THAT THE FINDING OF FACT IS CONTAINED IN THE CITY MANAGER’S EMERGENCY DECLARATION.
VOTE: (Primary amendment 2.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Estimated costs from the Public Works Director:
Cost to Date Future Estimated
Public Works Response (including time supporting
HEA, ACS and ADOT, see attached details) $31,133 $47,200
Concrete headwall construction/intake structure $65,000
Repair existing 2-42” culverts $22,000
Rebuild embankment upstream $26,000
Rebuild embankment downstream $36,000
Pavement patching and misc. cleanup
$12,000
Eng. and Const. Management $16,500 Subtotal $0 $177,500
Ocean
Bluff Erosion Control Project
Divert Seabreeze Ct. flooding at top of bluff $9,500
Temporary seawall protection at failed wall $6,000
Remove damaged wall section and repair $36,000
Eng. And Const. Management $5,500
Subtotal $0 $57,000
Repair
Road to Water Reservoir
$0
$25,000
Subtotal = $31,133 $306,700
Total estimated cost of damage
repair = $337, 833
(assuming no additional serious rainfall events or high winds)
YOURKOWSKI/KRANICH - MOVED TO AMEND TO CHANGE THE DOLLAR FIGURE FROM $291,000 TO $280,833 IN THE TITLE AND WHEREVER STATED WITHIN THE ORDINANCE.
There was some discussion regarding the amount and not including anything for the Ocean Drive Bluff Erosion Control Project.
Friendly amendment to change the $280,833 to $281,000.
There were no objections.
Mayor Cushing called for a recess at 9:30 p.m., reconvening the meeting at 9:41 p.m.
Friendly amendment approved.
VOTE:
(Primary amendment 3.) YES: KRANICH, BECK, FENSKE, LADD, YOURKOWSKI.
NO: STARK.
Motion
carried.
Councilmember
Kranich advised that, according to Public Works Director Meyer, the estimated
cost of $177,000 to repair the Woodard Creek/Fairview Avenue area is probably
high and that actual costs will be much less.
VOTE:
(main amended motion) YES: LADD, YOURKOWSKI, STARK, KRANICH, BECK FENSKE.
Motion
carried.
As amended: NOW, THEREFORE, BE IT ORDAINED that the City of Homer finds that an emergency exists; and
BE IT FURTHER ORDAINED by the Homer City Council :
Section 1. That the City Manager is authorized to execute the appropriate documents.
Section 2. The sum of $281,000.00 is hereby appropriated to the following account:
Account No. Description Amount
151-749 Disaster Repairs $281,000
Section 3. This ordinance is a budget amendment only, is not of a permanent nature and is a non code ordinance
Section 4. That the finding of fact is contained in the City Manager’s Emergency Declaration.
CITY
MANAGER’S REPORT
A. City Manager’s Report (oral)
1. Declaration of Emergency
Finance Director Baugh commented on the report letter from the Homer Chamber of Commerce which addresses how the $30,000 for advertising and $15,000 for Economic Development was spent. He asked for permission to send the Skate Parks International, Inc., the skateboard park equipment manufacturer, a 25% deposit ($15,290) and to execute the contract to ensure that the City of Homer is one of the 20 to 30 entities that will be eligible to order skateboard park equipment this coming spring. If the City’s ordering position is not secured for this next year then the equipment would be delayed at least a year. He emphasized that the monies are available through the previously accepted and appropriated grants, as noted on the spread sheet on page 41, adding that the $10,000 has been received from the Tony Hawk Foundation.
There were no objections from the Council. The Council expressed appreciation for the Finance Director advising them of this situation and asking permission when he could have done this without their knowledge. It was also noted that Ordinance 02-46 is scheduled for second reading on November 25th, which appropriates the rest of the skateboard park granted funds.
Public Works Director Meyer responded to the Council regarding the maintenance of Mission Road, that the first part of the road is state owned and maintained that the second part of the road, which was borough maintained, is now City maintained and appears on the newly revised Official Road Maintenance Map. He noted that there have been discussions with the state about the City taking over the maintenance of the entire Mission Road.
Councilmember Stark emphasized that the City Manager should keep the Council informed. He advised the Council that the deal is for the state to pave the entire Mission road and then for the City to take over the maintenance. He voiced his desire that the change over from one manager to the next carry this issue so that it is not dropped through the cracks.
Mayor Cushing clarified that the City Council approves transfer of maintenance.
Councilmember Stark voiced concern that the Council has not been advised regarding the land trade with UAA and that the Council does not know what the Manager is doing while he remains. He advised that he would like to bring forward a Resolution to say that all the addresses in the annexed area continue under the Borough addressing system.
Council concurred that this, Resolution on addresses, could be an agenda item on the November 25th regular meeting agenda.
Councilmember Kranich inquired about the grant application for the Zamboni.
Finance Director Baugh reported that the application for the Zamboni did not make the deadline.
B. Records Report.
COMMITTEE REPORT
A. Road Standards Committee
B. Town Square Working Group
C. Parking Task Force
D. Public Arts Committee.
There was further discussion regarding the Town Square and UAA land trade issue; trading City Hall for the 3.7 acres in the Town Square area. Also noted was that the Town Square final report needs to be done by end of December.
There is to be a UAA letter for Council review on the November 25th agenda regarding possible land trade with the university.
Mayor Cushing will contact UAA in the mean time.
PENDING BUSINESS
Mayor Cushing called for a recess at 10:27 p.m., reconvening the meeting at 10: 39 p.m.
NEW BUSINESS
A. Memorandum 02-58, from Mayor, Re: City Manager’s Resignation Letter.
RECOMMENDATION: Acknowledge and accept the
City Manager Drathman’s letter of resignation dated November 4, 2002
YOURKOWSKI/BECK - MOVED TO ACKNOWLEDGE AND ACCEPT THE RECOMMENDATIONS OF MEMORANDUM 02-58, CITY MANAGER DRATHMAN’S LETTER OF RESIGNATION DATED NOVEMBER 4, 2002.
Councilmember
Yourkowski acknowledge the work the City Manager particularly citing annexation
and the water and sewer improvement districts. He noted that the Council had
given the Manager a period of time to make corrections and that he felt that
should be honored, adding that the resignation came as a bit of a shock to him.
Councilmember Beck voiced appreciation for the way in which the Manager has tendered his resignation.
Councilmember Ladd, after being recognized by the Mayor, stated that he would read his amendment and then pass a copy of his amendment to all those present.
LADD/KRANICH - MOVED TO AMEND AS FOLLOWS: RECOMMEND THAT THE CITY COUNCIL ACCEPTS MR. RON DRATHMAN’S TENDER OF RESIGNATION EFFECTIVE IMMEDIATELY; HOWEVER, MR. DRATHMAN’S EMPLOYMENT WITH THE CITY, IF HE IS WILLING TO ASSIST THE ACTING CITY MANAGER IN PREPARING FOR TRANSITION, WILL BE EXTENDED THROUGH NOVEMBER 18, 2002 IN ACCORDANCE WITH EMPLOYMENT AGREEMENT CONDITIONS, AND IF THE MANAGER IS UNWILLING TO EXTEND EMPLOYMENT THROUGH NOVEMBER 18, THE MANAGER WILL RECEIVE SEVERANCE COMPENSATION IN ACCORDANCE WITH THE EMPLOYMENT AGREEMENT AND THE COUNCIL SHALL APPOINT AN ACTING CITY MANAGER TO ASSUME MANAGER RESPONSIBILITY THROUGH NOVEMBER 18, 2002, AND THE CITY COUNCIL WILL MEET ON MONDAY, NOVEMBER 18, 2002 AT 7:30 P.M. FOR THE PURPOSE OF DEFINING THE MANAGER HIRING PROCESS, CONTRACT CONDITIONS, AND APPOINTING AN INTERIM CITY MANAGER TO ASSUME THE DUTIES OF CITY MANAGER UNTIL SUCH TIME THAT THE COUNCIL HAS HIRED A PERMANENT CITY MANAGER, AND INDIVIDUALS INTERESTED IN ASSUMING THE POSITION OF INTERIM CITY MANAGER SHOULD OBTAIN AND SUBMIT COMPLETED APPLICATIONS TO THE CITY PERSONNEL OFFICER NO LATER THAN FRIDAY, NOVEMBER 15, AT 5:00 P.M., AND THE ADVERTISEMENT PROCESS FOR A CITY MANAGER WILL COMMENCE IMMEDIATELY
There was quite a bit of discussion which included reading and referencing the portion of the Manager’s contract that reads: Employee may therefore terminate this Agreement for any reason, or no stated reason, upon giving ninety (90) days' written notice to Employer. After receipt of notice, Employer may (a) sever the relationship after the Employee has worked the ninety (90) days and pay no further pay; or, (b) severe the relationship immediately or at any time during the ninety (90) days and pay Employee severance pay at Employee's usual rate of pay for the time worked plus 14 days' severance pay.
The initial resignation letter, dated November 1, 2002, from the Manager indicated he would resign effective the end of December, the 31st. An amendment was submitted on November 4, today, that indicated the Manager would be willing to work through the 29th of January 2003.
Council voiced desire for a smooth transition as well as for no more harm to be done.
Mayor Cushing passed the gavel more than once to interject comment.
Councilmember Fenske pointed out that Councilmember Stark may have a conflict of interest since he has indicated, to the Council, a desire or a willingness to serve as Interim City Manager.
Mayor Cushing called for a recess at 11: 18 p.m., reconvening the meeting at 11:40 p.m. This recess was called to facilitate the Mayor contacting the City Attorney to inquire if Councilmember Stark has a conflict of interest regarding serving as the Interim City Manager without pay.
Mayor
Cushing advised that he contacted the City Attorney, discussed the matter with
him and received information from the City Clerk as to what the City Code states. He read: HCC 4.10.050 Prohibitions a. A person may not serve simultaneously as Mayor, Councilmember,
Commissioner or member of the Library Advisory Board. b. No elected municipal official may hold
any other municipal office or employment or elected position in the state or
federal government while in office.
Mayor Cushing relayed that Councilmember Stark has complete privilege to apply for Interim City Manager or City Manager provided he resigns his Council seat. He reported that the City Attorney feels that the Council may proceed with voting since this is not a position Councilmember Stark can hold as a Councilmember.
VOTE: (Primary amendment 1.) YES: LADD, STARK, KRANICH.
NO: BECK, FENSKE, YOURKOWSKI.
MAYOR: TIE VOTE: NO.
Motion failed.
LADD/KRANICH - MOVED TO AMEND THE RECOMMENDATION TO ACKNOWLEDGE AND ACCEPT THE CITY MANAGER LETTER OF RESIGNATION DATED NOVEMBER 1, 2002. (Work through to December 31, 2002)
Council discussed this amendment.
Mayor Cushing passed the gavel to comment.
VOTE: (Primary amendment 2.) YES: STARK, KRANICH, LADD.
NO: BECK, FENSKE, YOURKOWSKI.
MAYOR: TIE VOTE: NO.
Motion failed.
VOTE: (main motion) YES: FENSKE, LADD, YOURKOWSKI, STARK, KRANICH, BECK.
City Manager’s resignation is accepted as amended today, that he is willing to continue in his position until January 29, 2003.
Motion carried.
FENSKE/YOURKOWSKI - MOVED TO SUSPEND THE RULES TO CONTINUE UNTIL DONE.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried. Rules were suspended to continue passed midnight until Council’s work is done.
B. Memorandum 02-59, from Personnel Officer through Mayor, Re: City Manager Application process.
RECOMMENDATION: Authorize the Personnel
Officer to advertise the City Manager position.
Fiscal Note: Advertising cost of $1,500.00
STARK/YOURKOWSKI - MOVED TO APPROVE THE RECOMMENDATION OF MEMORANDUM 02-59.
STARK - MOVED TO AMEND TO INCLUDE MATERIAL I GAVE YOU EARLIER IN THE EVENING.[1]
Motion died for lack of a second.
VOTE: YES: FENSKE, LADD, YOURKOWSKI, STARK, KRANICH, BECK.
Motion carried.
RESOLUTIONS
COMMENTS
OF THE AUDIENCE
Ken Castner commented that watching the Council it’s like watching a golf tournament, with ten minutes of golf and ten minutes of breaks. He informed the Council that it is really hard for the public to understand what the Council is doing when they pick up a piece of paper and look at it and that piece of paper is not available to the public and the Council does not read it. He told the Mayor that if he is going to have something like that then the Mayor should at least summarize it for the record so that people know what the “thing” is that is being discussed.
Mayor Cushing interjected that he would be more than happy to do that and then inquired if Mr. Castner was referring to the submittal of a resume from Mr. Stark and the definition of City Manager.
Mr. Castner said he did not know, but that through inference the public kind of figured it out, but it took a long while. He stated that he just wanted people, at home, who have stayed up late to know that the people who are in the room do not have any better idea than they do. Mr. Castner acknowledged his understanding that the Mayor is very concerned about conflict of interest, but did not agree that there was a procedural reason for the Mayor to recuse himself on a matter wherein he has no influence. He noted that when there is a consent agenda and the six members of the Council are consenting, it is non debatable and the Mayor does not get to debate and he does not get to vote. He emphasized that the Mayor was not in a position to recuse himself and did not know why “we” had to go through that, adding that on a public comment period no one on the Council needs to recuse themselves, because there is no debate and no action. He encouraged the City to change the Code so that a deferred payment on an assessment truly is a lien and only applies to the owner of record, so when there is a transfer of title the City collects the lien. He informed the Council that a lot of people go to closings and are surprised when they are paying $50,000 for a lot and find out that when they go to hook up their water and sewer they will be paying another $11,000. He told the Council this is not truly a lien and does not show up until closing. He voiced his opinion that it should be a lien, it is fine that Council offers the service, should not be in perpetuity and could be offered to the owner of record at the time and as soon as there is a sale the lien goes away and the City gets paid for the assessment. Lastly, he commented on being 50% of the audience at the meeting two weeks ago[2] and voiced his discontent that when the Council came out of executive session all that was said was that criteria were given to the Manager that were going to be addressed at the end of March. Mr. Castner emphasized that this has bothered him greatly for the past two weeks and that he was so mad at himself when he was driving home from that meeting, because he should have told the Council when they say criteria it is obvious that they have given the City Manager some sort of marching order and have established policy and that he wants to know what criteria was given. Mr. Castner asked if the Council told the Manager that he better get the library site taken care of, did they tell him to get town square going? He asked the Council, since he does not know, what the criteria are that they laid out for the Manager, other than what is in his job description and what has already been told him through Council resolution? He noted that in the last two weeks the Manager has resigned, there has been this big brou-ha-ha and disservice was done to the public because the Council did not explain the criteria or advise the public if instruction was given to the manager and on what he was going to be measured on in March. Mr. Castner emphasized that there are a lot of people who work as volunteers here in town and who are counting on the Council to use their policy decisions and ability to make policy to assist those volunteers in accomplishing their agendas.
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
Finance Director Baugh had no comment.
COMMENTS
OF THE MAYOR
Mayor Cushing thanked Ken Castner for saying that he did not need to recuse himself. The Mayor noted that he does tend to be overly cautious, with having been to the supreme court on this issue and that he wants to error on the side of caution and give this Council a chance to give their opinion as well. He commented on having discussed the executive session issue with Mr. Castner after the last meeting, October 21, 2002. The Mayor commented that the City Managers’ evaluations have been accomplished in many different ways from year to year, adding that the process could use further refinement if the Council so desires. Regarding the criteria mentioned in the Executive Session, he stated that they did not refer to items such as library location and/or animal shelter relocation and that the direction of the Council was that January 20th would be the time when those two items were addressed. He commented about policy issues and that when involving three or four Council persons this begins to tread on the Open Meetings Act. He asked Councilmembers to focus on certain areas to eliminate additional administrative time during the transition:
Stream set backs, Pedestrian easements in the subdivision ordinance - Councilmembers Yourkowski and Stark.
Ice rink - Councilmember Fenske.
Maximum size of retail stores/buildings - Mayor and Councilmember Ladd.
Town square overlay district - Councilmembers Yourkowski and Beck.
Sewer and Water issues including Master Plan - Mayor and Councilmember Fenske.
Architectural Standards and Steep Slope issues - Councilmembers Ladd and Kranich.
Leases - Councilmembers Fenske and Kranich.
Review Policy for City Manager - Councilmembers Fenske and Beck.
Road Standards - Councilmembers Stark and Yourkowski.
Mayor Cushing emphasized that the public can go to any person on the Council and any person on this Council can to go anybody of the public. He stated that the library and animal shelter locations do not need to be addressed until January 20, 2003, that annexation zoning should be addressed with the body as a whole and the skateboard issues that came out of the Committee of the Whole will be passed on to the adults in the Skateboard Association by the City Clerk.
Mayor Cushing and Councilmember Yourkowski agreed to work on the composition of the Public Arts Committee and possibly some policy issues. Nominations for the Public Arts Committee may be on the November 25th agenda.
COMMENTS
OF THE CITY COUNCIL
Councilmember Stark shared a meeting with an old friend, DCED Commissioner Sedwick, who came to Homer with her husband, Judge Sedwick, to attend the Ritz at the Pratt Museum. He voiced his interest in the Manager furnishing Council a list of the projects, interjecting that he believed the Mayor mentioned that he had 35 projects, at the meeting of the 25th and at least monthly updates on the progress.
Councilmember Kranich commended the Manager for the projects he has accomplished and agreed that he was a very task oriented individual. He commented that a task that the City Manager took on became a part of him and he worked very diligently to accomplish it, although, sometimes his manner may have been not what any of them would have done, but it was his way and he did get a lot of things done. However, the Councilmember said, he does feel that the community, through the Council, has spoken that they would like to see a different direction and that Homer’s government be seen in a different manner. Mr. Kranich voiced his hope that the Manager enjoys the rest of his ninety days, gets things straightened out for whoever is going to take the reins after him, and that he enjoys his time after that. He voiced a further hope that Council is able to come up with a highly competent individual to take his place and accomplish the many tasks that the community and Council brings to the table to move forward in a positive manner. He stated that he never intended or intends for any involvement in this to be highly disruptive to the community. He relayed that, judging by the phone calls he received on his cell phone traveling to Homer from Anchorage, the community was obviously a buzz today. He encouraged moving ahead constructively.
Councilmember Ladd reflected a bit on what Mr. Castner spoke to tonight and that he sometimes feels a little uncomfortable with the rules the Council is given to work from when they go into executive session. The confidentiality of those people or issue(s) the Council is dealing with and some things that just plainly can not be said, but when dealing with a public official there must be some way the Council can give a broad perspectives or focus on what has transpired. He voiced his opinion that when the Council comes out of executive session there should be no harm in saying what the skills are that may need improvement rather than just saying that skills need improvement. Mr. Ladd shared his desire to work with whomever to find out how to be more open with the public and still maintain confidentiality and not destroy individuals in the process. He agreed that the City Manager is very project oriented and there are many, many projects going on. He advised that the input that he received from the community was one that says there are a lot of projects going on and we would be happy to see fewer of them going on if we had a different management style, a demeanor that is more approachable. Mr. Ladd commented that he will be looking especially at public relations and communication skills, team building and delegating skills in a new manager. He emphasized that it is very important that the City be magnanimous and recognize that as City officials, representing a community, they have to take the high road. He commented that there are a number of issues that he feels are upon the Council, relaying that he was talking with the hockey people, just today, and that this town does need more recreational outlets for the youngsters and adults. Councilmember Ladd advised that he put on the Committee of the Whole agenda for November 25th the hockey association issues and how to work together and strengthen the partnership. He stated that the site selection for the animal shelter and the library are very important and need to be resolved by the later part of January, nailed down, get proper design and give the fund raisers an opportunity to really go for it. He noted that hiring a manager is the most important thing before the Council and next is the budget process, enterprise funds and general operating funds. He encourage everyone to get out and vote tomorrow.
Councilmember Beck stated that this has been a contentious first two weeks on the City Council and that she would like to believe that the Council can have these differences with each other and still come together and do the job they need to do, adding that she believes they can. She voiced her hope that Council can express this to the community by making this next 90 days as smooth as possible.
Councilmember Fenske asked Mr. Castner to put his ideas down about attaching a lien to the first owner as far as assessments against property and that he would like to get an opinion on that because it sure sounds like something that has worked some place else. He commented on the idea of criteria, adding that he is just a little baffled on how executive sessions work and that when Council has been in executive sessions with the Attorney he always says to tell “them” that you instructed the attorney to do such and such. To Mr. Castner, he commented that if he had Mr. Castner’s knowledge of parliamentary procedures and stuff he’d probably be a lot bigger help to this Council. He voiced appreciation of Mr. Castner’s comment and that maybe there is a way the Council can bring back to the public more meaningful information from the executive session. He thanked all for this meeting, adding that it was an exceptional meeting.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 12:31 a.m. The next Regular Meeting is scheduled for November 25, 2002 at 7:30 p.m. The Committee of the Whole is scheduled to meet at 4:00 p.m. on November 25, 2002. A budget worksession is scheduled for November 18th at 6 p.m. followed by a Special Meeting, if needed, at 7:30 p.m. These meetings will be held in the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.
_______________________________________
MARY L. CALHOUN, CMC, CITY CLERK
Approved: _______________________