Session 99-21, a Regular Meeting of the Homer City Council was called to order at 7:33 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.
A Budget Worksession was held prior to the Regular meeting from 6:40 to 7:16 p.m.
PRESENT: COUNCILMEMBERS: CUE, FENSKE, MARQUARDT, MATTHEWS, WELLES, YOURKOWSKI .
STAFF: CITY MANAGER DRATHMAN
CITY CLERK CALHOUN
CITY ATTORNEY TANS
FINANCE DIRECTOR BAUGH
ACCT. SUPERVISOR MACK
POLICE CHIEF ROBL
PORT DIRECTOR/HARBORMASTER 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: SUBSTITUTIONS: Pages 73, 81 & 85 under Public Hearing, Pages 131 and 133 backup to the Budget Ordinance 99-21, Substitute Resolution 99-107(S), pickup truck purchase, Consent Agenda Item E. ADDITIONS: Written testimony on Public Hearing item, Tariff revisions, Written Public Comments on Ordinance 99-18 - camping, Resolution 99-111 - personal watercraft and Ordinance 99-21, budget. Informational materials: DEC letter
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Dan Winn commented on the history of raising port and harbor rates and his negative vote while he was on the Council. He voiced his opinion that the basic flaw is that the City of Homer, all the different Councils, and Mayors have never really come to grips with what they want with the port and harbor nor with what they want to do with the spit and until that happens the rates should be left alone. The port and harbor can be run by bean counters taking $350,000 for administrative costs and all the rentals for another $430,000 and then say the port and harbor is not paying its own way. He objected to the proposed $49 administrative charge in the tariff revision for moorage. This $49 that is to help pay the bills may create more a of a problem with the consumer. He stated that if it were not for Kachemak Bay and the Spit the residents could be living in Glen Allen or in Tok. This is Homer's jewel and without the City of Homer being willing to accept tourism and the commercial fishing industry, it's never going to reach its full potential. Tourism and the commercial fishing industry have been short changed for years. Regarding a quote in the paper from the finance director that the port and harbor has never paid its way, Mr. Winn stated that this simply is not true. The City of Homer has taken money out of Port and Harbor to support the uptown operations.
Paula Haunschild, Child Development Policy Council State Board Member for RurALCAP Head Start, has 4 children that have been or are involved in the Head Start program. She emphasized the importance of support by the community and funding from the community. Referring to the hand out on "Use Agreements for the 1999-2000 Program Year" she noted that there has been no in kind dollars from Homer, whereas other communities contribute a lot per child. Homer Head Start is asking for $5,000 to spread among 29 students, which is $172 per year per child. The in kind community support such as providing a building, rent etcetera is important to raise money. She encouraged the community to get behind the parents that are supporting this.
Rebecca Paul introduced two children who urged the Council to support Homer Head Start; Dillon Tyler and William Raymond.
Zachary Thomas Fraley, student, asked the Council to support Homer Head Start.
Mike Franklin, single parent, voiced his appreciation for the invaluable assistance from Homer Head Start.
Rebecca Paul asked if the parents with children in support of Homer Head Start would stand. There were an estimated twenty plus individuals who stood.
Shelly Fraley, mother of Zachary Thomas Fraley, stated that she finds with Head Start that the children are basically taught how to be kind to others and get along with others. The children learn to work with others and learn excellent table manners including passing and sharing things. The things that parents are trying to teach children at home. This encourages children to grow up and be a little bit more self reliant and self confident. The children have a great time at Head Start and come home happy and wanting to go back. These children are well prepared for kindergarten and it makes a teacher's job easier so that more learning can go on in the class room rather than disciplining. This is an excellent program and she asked that it continue to be supported by the City Council and business community and anybody else that finds it in their heart to support Head Start.
Rebecca Paul asked the Head Start children to come up and sing a song.
Rebecca Paul, Head Start, stated that Councilmember Yourkowski and City Manager Drathman had questions of her earlier about going to others for funding. She stated that they do not really want to come to the City, but to acquire grants and other program funds there is a required community match of 20%. Without the City match Head Start will lose $120,000. They will continue to look for other funds in other directions. The Head Start program is in jeopardy if the local funds are not received and this program is a part of the development process of the future leaders of Homer. Ms. Paul invited the Council to visit Head Start, which has an open door and she welcomed anyone for breakfast or lunch.
Jan O'Meara expressed her support for continued City investment in the Pratt Museum. She relayed her experience when she first moved to the Homer area and that since that time the Library and Fire Department have become City agencies with their work funded almost entirely by the City with the Library almost twice what the Pratt Museum has requested. To demonstrate these differences she provided two graphs from 1989 to1998. Library funding has ranged from $200,000 to $300,000, to the Fire Department from just below $400,000 to over $600,000 while the Museum has stayed around $100,000. The City is only being asked to fund about 13% of the Pratt's budget to keep the doors open. Without the City funding, core funding, key grants are immediately jeopardized and without these the Pratt Museum will be hard pressed to continue. In 1968 the City agreed to take over and run the Museum if the Society of Natural History was unable to do so. If the City denies funding it makes that eventuality more likely. If the City has to take over running the Museum it is going to cost a lot more to operate it than what is being requested this year.
Rika Mouw spoke on behalf of the Kachemak Bay Coalition, representing 33 organizations & businesses representing 1000 Homer residents and more than 22,000 Alaskans, interested in protecting Kachemak Bay and Fox River Critical Habitat areas from jet ski use. Jet ski use is already a big problem and unless action is taken now it is only a matter of time before these watercraft become a serious problem in these critical habitat areas. She elucidated the impact to the parks, shorebirds, shell fish farming, wildlife, marine life and wilderness lodges created by the jet skis. The pollution factor from jet skis is two to eight times more than other watercraft. She reported on the public safety concern in Alaska and the nation wide injury rate being 8.5 times higher with the excessive speed and operator inexperience. Many communities across the United States have prohibited and/or regulated and placed enforceable restrictions on personal watercraft. She emphasized that it takes so little to destroy something special, but it takes a tremendous effort to restore it. On behalf of the Kachemak Bay Coalition and its affiliated organizations, businesses, residents of Homer and citizens of Alaska, she urged the Council to help preserve and protect Kachemak Bay.
Rika Mouw asked those in support of this Resolution, 99-111, to stand, estimated 20 plus individuals.
Charlie Franz, Chamber of Commerce Vice President, reiterated the Chamber of Commerce's concern for the budget issues. The Chamber's request for $35,000 is not for operation of the Chamber but to promote Homer and to provide a future for the young children that Becky Paul has been pointing out will be the leaders in our future. This money will be used to attract tourists, new residents, new businesses and to increase the development of this fine place we have to live. Last year 35,000 individuals received information about Homer. The Chamber staff and volunteers attended many meetings and shows and promoted Homer. Mr. Franz pointed out that there is no way the City could hire nor contract with someone for $35,000 to do all the promotional and public relations work the Chamber does for the City of Homer. He encouraged the Council to look at the advertising that the Chamber does in various publications for the City.
Julie Cesarini stated that she made a special trip to comment and that she tries to avoid driving her car at least two days a week. She thanked KBBI and public news. Fossil fuel burning and global warming are increasing. Ms. Cesarini stated that she has a very high regard for Homer's young people and that she is interested in these topics. She thanked Marga Raskin for pursuing her passion and doing a petition at the bizarre last Saturday. She voiced her objection to jet skis and noise pollution at the airport and on the beaches. Extra use of motorized vehicles is unnecessary and should be limited for emergency purposes. Regarding camping on the Spit in the winter, there probably are not a lot of campers after September 30, which is kind of an early date and there may be campers late fall or early spring. Cleaning up trash and collecting fees needs more study. She asked that this camping matter be put on hold. As a tax payer she asked that the City honor any requests for young people and teenagers. She asked that consideration be given to having an auxiliary teen member on the Council. She saluted the legislature of the State of North Dakota for passing legislation in April 1999 for agricultural hemp, an oxygen producing and healthy plant for the environment and for non toxic products.
Nick Gallagher, student, voiced his support for the Pratt Museum, that he goes there a lot as does his family, friends and school. He stated that he likes the cameras on Gull Island and hoped that the cameras would get hooked up with the McNeil River Bears soon. The Museum needs money from the City to keep doing the things that they do. He stated that he would like to see City money go to the Boys and Girls Club, a great recreational place.
Rich Toymill, teacher, voiced support for the Head Start program, which provides solid and strong social services for children. This investment will pay off and Head Start has demonstrated how essential this local funding is and the importance of the local in kind donations toward the entire program.
Aaron Kallenberg, seventeen year old, stated his support for Resolution 99-111, the prohibition on jet skis. He noted the incompatibility of the recreational personal watercraft with the Homer area, the Marine Wildlife Center, eco tourism, bird watching, and respecting the environment. He wants to see positive environmental progress made in the Homer area. He briefly commented on the pollution issue.
David Raskin, Vice President of the Board of Directors for the Center for Alaskan Coastal Studies, advised that the Center for Alaskan Coastal Studies passed a resolution opposing the use of any personal watercraft in the Kachemak Bay and Fox River Critical Habitat areas. He read this into the record hoping to assist the Council in their deliberations on Resolution 99-111.
Nancy Hillstrand commented on the budget and suggested that the number of City personnel be reviewed, adding that the number is very, very high and suggested doing what the state does, more permanent seasonal personnel. Cooperative purchasing of products in bulk works better, look at lights (electricity), phones and transportation, all these little things add up and a lot can be saved. She voiced support for Resolution 99-111, noting that this is a critical habitat area and there is concern for the sea ducks, which are on the endangered species list. Jet skiis need to be kept out of this area. She objected to Ordinance 99-18, adding that some of her best friends are Spit rats and most of these people who camp on the Spit cannot afford 1200 square foot homes and some of these individuals are homeless people. All walks of life need to be supported and the diversity of people encouraged.
Dixie Armstrong, Coordinator of the Homer Community Food Pantry, advised that they are withdrawing their request for $2,000, which will not affect their work. She submitted a reconciliation report and summary along with her general resume'. She lauded the work of the Chamber of Commerce and Pratt Museum. The withdrawal of the Food Pantry request will not affect their work. She encouraged the Council to invest in children, which is an investment in the future and in society. She commented on the advantage of having children in Head Start and having parents out of the house and involved in the community.
Sue Post, Local Business owner, urged the Council to pass the Resolution to ban jet skiis in this area. She relayed comments from tourists about enjoying the area, shorebirds, whales, etcetera. Jet skiis are so noisy. There have been a number of comments that people left other areas because of the jet skiis. As an environmental educator she has brought children to Homer to partake in quiet sports. Homer tourism will be negatively impacted by jet skiis.
Nancy Lord spoke in favor of continued City funding for the Pratt Museum. She commented about the Auditors "reading Council the riot act" and that she appreciates them making a real attempt to bring revenues and expenditures in line. Many who live in Homer are not here, necessarily, because of jobs, but because of the quality of life, rich arts and cultural opportunities. Many who live here give time to some of the groups and programs, there being a richness of volunteerism in Homer. The Pratt Museum is top notch and the City's contribution is minimal. She suggested that criteria for and guidelines for funding non profits be adopted. These things should be tied to the City mission.
Joy Steward, Homer Council on the Arts, stated that Homer is a fabulous place to raise a family. Non profits are one of the reasons this is such a great place to raise children. She voiced support for funding non profits in general, non profits are an asset, services are essential and contribute to the economic validity and livability. The non profits deserve financial and philosophical support. She commended the Council and administration for the work to balance the City budget, but not by zeroing out the non profits.
Alan Parks voiced support of funding non profits, all being a vital part of this community. Non profits are a part of the big picture. He noted the job Council has to bring the budget in line with cost of services provided. There are many services provided to outlying areas. He suggested that the report from the Strategic Planning Group for the Fire Department be reviewed. This report included a donut hole service area and comments about annexation. He commented on the water and sewer rate models and implementation and the need to look at annexation. He briefly commented on the harbor rates coming forward tonight that are true costs of what it costs to run the City and overhead. It is not the funding for the non profits that causes the budget problem, axing out the non profits is not the way to go. He noted the Centennial photo in the Council Chambers that shows the diversity of Homer people from Gail Phillips at one end to Asaiah Bates on the other. The Council needs to look at the long term health of the community financially, socially and economically. Balance the budget by cutting, increasing the tax base and by any other tools Council needs to use. That will be increasing the City limits from the dump to the corner of Kachemak Drive and East Road. He voiced support of the Resolution to prohibit jet skiis. He wondered if the motivation for Ordinance 99-18, camping on the Spit, was the cost of cleaning up garbage. He commended the staff and administration for looking at ways to save money. One constructive way to deal with the garbage is to get the big garbage issue on the Spit under control in general.
Mako Hagerty stated that jet skiis are incompatible with this area and he has worked with tourists and visitors that come to Homer to hike in the parks etcetera. He urged the Council to vote down Ordinance 99-18. People camp on the Spit for a reason and there are not that many of them, nor does this impact the City at all.
Joe Lawlor stated that he is known as Grandpa Joe and got that title mostly because of the non profits. He and his wife came to Homer 11 or 12 years ago as retirees. One of the reasons they came was because of the very progressive City Council and very progressive administration. There
are a lot of good things retirees can do in Homer. He wondered what could be done to bring more retirees to Homer, retirees do not cost a lot. One of the things to do is support the non profits and not cut a cent. Non profits do so much for the quality of life and give retirees an opportunity to do something. He noted the importance of the Pratt Museum. He stated that he has lived here 11 years and has not paid one cent, but has given some of his permanent fund to invest in the place he lives. He voiced non objection to raising traxes.
Ben Harness, seventeen year old, voiced objection to jet skiis in the Bay as a resident of Little Tutka Bay. This is an issue of how the community wants to share and use the Bay and protect it for the next generation. A lot of tourism and economics of Homer are affected by the Bay. He stated that he does not want the way of life to change too much. This is a pristine area and everyone should be able to see and share this area. He stated that he has seen a couple of jet skiis come into the Bay and wildlife leaves.
Rick Harness, naturalist, relayed his family history and that they live in Little Tutka Bay. He invited everyone to come over and see the quality of life. He urged support of the prohibition of jet skiis. The area is growing, business are growing, the harbor has been expanded many times and will be expanded again. Residents need to take responsibility for this being a critical habitat area and NERR. This is a fragile web that extends from one Bay to another.
Joni Whitmore, Whitmore and Associates, advised that she provides professional development counsel to the Pratt Museum. She gave a lengthy dissertation on the funding of non profits. She focused a little on the revenue side of the budget question. She commented on the EDC suggested working guidelines on how the City Council might encourage growth, economic development. Without the network of reciprocity economic development is difficult to achieve. She commented on City bonding. She encouraged the Council to protect the asset of over a million in the Pratt Museum.
Carolyn Norton, eighteen year old, advised the Council of her support for non profits and the role non profits have played in her life. She commented on her parents involvement in the community and her own involvement with youth groups and Choices for Teens. She encouraged the Council to keep non profits a priority.
Scott Connelly spoke on Ordinance 99-19, and wanted to make sure that Council knew what they are selling. This is a clouded piece of property, the actual sales price appraised value of $2,600 is what it is. Mary Ann Rowe, Kachemak Bay Title, would not issue title insurance on this piece of property. Quiet Title procedures are recommended at a cost to the buyer of $2,000 to $4,000. A requirement that this property must be included or adjoined to another piece of property before resale is reasonable. A survey and recording of a replat is about $1,000.
Callan Bentley, new Director of the Homer Boys and Girls Club, although not looking at losing City funding commented in favor of non profits. He stated that it would be a sadder and less colorful Homer if there were not all the different characters camping on the Spit, if noisy polluting jet skiis were allowed in Kachemak Bay and if there was not the incredible diversity of non profit organizations and the amazing people that come here to be influenced by these non profit organizations. He expressed his personal stake as the new guy in town that he would really like to see things stay funkie on the Spit, serene on the Bay and dynamic in the town.
Marie McCarty relayed her family's history in getting to Homer and fist experience at the Pratt Museum. She urged the Council to leave the Museum's funding at $108,000, that deleting this would be a huge impact. She suggested that the cuts to the non profits be held off until next year so that a plan can be formed to replace this funding. Cutting the funding to zero is a crazy way to operate.
Michael Hawfield, Museum Director, urged the Council to continue financial support for non profits. Financial support is vital and critical to the core operations of the Musuem and how it functions. The non profits desire to be a part of the solution and not the problem.
Charles Davis objected to Ordinances 99-18 and 99-19. Regarding camping people have a right to live. The value of the property being sold to Jack Griffin should be taken into account and reflected in the fair market price. He wondered why this is appraised lower than his property, but that question will probably have to be answered after the fact in court or something. He voiced a curiosity regarding the Board of Adjustment and how the evidence that was presented was not subjected to analysis by the FBI lab. It seems that the evidence has been manufactured and an obstruction of justice has ocurred, hopefully that will be worked out in the legal processes as well. He supported the jet ski prohibition, but suggested that there be a provision so that these watercraft could be used for life saving or public safety reasons. There are a lot of things around here that ruin the peace and quiet such as motor bikes after midnight on the beach, three wheelers, four wheelers, airplanes that fly over the residential areas and etcetera. There cannot be an election by a group of people on acts that are unconstitutional. Regarding the budget, he stated that generally accepted accounting practices are not being followed and depreciation is not being adequately funded. The movers and shakers do not have to pay a huge sum of money, but in so doing that the rest are penalized. What is the purpose of having a City if there are not services. Depreciation is not fully funded in the new rate structure in the Harbor, this is the only way to replace facilities, roads and etcetera. The Councils and City Managers have repeatedly refused through the years to account for City government. He voiced his belief that the 10 mill limit would pass and this will slow government down considerably. As far as non profits, he wondered how the City can not fund these, but its all de ja vu. He commented on the history of funding the museum, library, fire, services operating outside of the City etcetera and relayed facts. Mr. Davis commented about abolishing the Planning and Zoning Department. How much has been spent on zoning laws since 1980 to now and how much has been spent defending, arguing and planning and for what? The big guys are going to do what they want and the little guys get enforcement.
Ray Kranich stated that he is not sure about the information in the packet on Ordinance 99-19 and wondered if the City Attorney could explain the difference in a Quit Claim Deed and Quiet Title before the next meeting and any future liabilities. He agreed with Resolution 99-111 that personal watercraft should be restricted. The budget needs to be reviewed for other cuts that can be made in General Fund areas to replace the patrolman position that has been cut. Non profits are obviously supported and a lot of people have lived here, come here and will stay here for the quality of life, arts and recreation. Educating our youths is a higher priority and Head Start should be funded. He commented on the City's agreement with the Museum in 1967, Resolution 82-18 that the City would support as part of the City's cultural program in accordance with financially and other resources available. There has been a history of support for the Pratt Museum. In 1983 the matter of 1% sales tax went to the voters and failed. The City should retain funding for the Pratt Museum. Mr. Kranich stated that he would like to see the City and Chamber of Commerce work through the City using the EDC, someone from the Planning Commission, and possibly someone from the KPB EDD on a study of how Homer can be marketed as a place for people to come to invest to increase the tax base by establishing businesses and/or residences.
Brad Van Apple, Cook Inlet Keeper, urged the Council to pass Resolution 99-111to prohibit and encourage enforcement of regulations of jet skiis in Kachemak Bay and Fox River Critical Habitats. For the record he stated that the Kachemak Bay Coalition collected 1,839 signatures on a petition, 903 listed addresses in the Kachemak Bay Area the others were visitors that help to support this community. 87 local businesses signed on to the petition. He expressed his support for the continued funding of the Pratt Museum and other non profits that bring so much to this community.
Asaiah Bates stated that he does not know anything about budgets in this light, but this is one of the best meetings and educational involvements since he has been coming to Council this past 30 years. He relayed some personal experiences and his taking the Pauper's Oath from 1951 to 1963. He became a janitor at the old hospital, built up janitor work all over the City and has seen Homer grow. From the penny trip up to now with the little kids and the Head Start, he asked if he could donate the $5,000 from his income and permanent fund. He stated that he will of course give two scholarships to the High School this year. He asked if he gave this $5,000 to the City if the City would give this to Head Start.
The City Manager and City Attorney both affirmed.
Mr. Bates stated that for the first penny he got in 1926 he will give $5,000 to the City for Head Start so that the City does not have to give this from the tax payers money. He asked who he should give the check to tomorrow, stating that the little kids from Head Start are unbelievable, that is where there should be involvement.
Mayor Cushing thanked Asaiah Bates and stated that he is a wonderful inspiration.
Asaiah Bates received a standing ovation.
Julie Cesarini submitted a letter from Gary Weaselman on Ordinance 99-18.
Mayor Cushing called for a recess at 9:53 p.m., reconvening the meeting at 10:05 p.m.
MAYOR - ASKED FOR A CONSENSUS TO SUSPEND THE RULES TO AMEND THE AGENDA AND PLACE NEW BUSINESS ITEM B., RESOLUTIONS B.,D. & F. ON THE CONSENT AGENDA.
There was unanimous consent.
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 October 25, 1999. Recommend approval.
B. Memorandum 99-213, from Mayor, Re: Reappointment of Michael Hawfield to the Homer Economic Development Advisory Commission. Recommend confirmation.
C. Resolution 99-105, Authorizing a Budget Amendment in the Finance and CIP 1999 Budgets for the City's (WAN) Wide Area Network. Finance Department. $39,000 from Account # 100.5607.120 to Account # 151.5901.702. Recommend adoption.
D Resolution 99-106, Of the City Council of Homer, Alaska Authorizing the City Manager to Purchase the Track Backhoe/Case Backhoe (880) Parts Described in Purchase Order 50499 in the Total Amount of $5,420.52 to Yukon Equipment. Public Works. City Manager. Account # 100.5207.176.
Memorandum from Public Works as backup. Recommend adoption.
E Resolution 99-107(S), Of the City Council of Homer, Alaska Authorizing the City Manager to Purchase the 1993 Chevrolet Pickup Truck with Snow Plow for the Port/Harbor Truck Replacement Described in Purchase Order 50479, to Kenai Chrysler Center in the Amount of $19,000. Public Works. City Manager. Account #415.5902.377.
Memorandum from Public Works as backup. Recommend adoption.
F. Resolution 99-108, Of the City Council of Homer, Alaska Authorizing the City Manager to Execute the Homer Community Schools Agreement for Joint Use of Equipment and Facilities in the Amount of $19,791. City Manager. Account # 100.5812.175. Recommend adoption.
G Resolution 99-109, Of the City Council Authorizing a Budget Amendment in the Port/Harbor Budget. City Manager. $15,000 from Account # 400.5103.603 to Account # 400.5103.601.
Memorandum from Public Works as backup. Recommend adoption.
H. NEW BUSINESS ITEM B. Memorandum 99-214, from Parks & Recreation Commission, Re: Ben Walters Park Master Plan.
Recommendation: City Council adopt the Ben Walters Master Plan. Fiscal Note: Not defined.
I. RESOLUTION ITEM B. Resolution 99-102, Of the Homer City Council Confirming the Assessment Roll, Establishing Dates for Payment of Special Assessments, and Establishing Delinquency, Penalty and Interest Provisions for the Larkspur Court Paving and Partial Road Reconstruction and Partial Road Reconstruction Assessment/Improvement District. City Clerk. Fiscal Information in backup.
J. RESOLUTION ITEM D. Resolution 99-104, Of the Homer City Council Supporting the ADOT/PF STIP Rehabilitation Project of Bunnell Street/Ohlson Lane and Authorizing the City of Homer to take over the Maintenance Responsibility of Bunnell Street/Ohlson Lane After Project Completion. City Manager. Fiscal Information in backup.
Memorandum from Public Works as backup.
K. RESOLUTION ITEM F. Resolution 99-111, Of the Homer City Council Urging the State of Alaska to Formally Consider Prohibition or Other Restrictions on the Use of Personal Watercraft (Jetskis, Sea-Doos, Waterbikes and Similar Craft) in Kachemak Bay and Fox River Flats Critical Habitat Areas. Yourkowski.
MARQUARDT/YOURKOWSKI - MOVED FOR THE APPROVAL OF THE RECOMMENDATIONS OF THE CONSENT AGENDA.
FENSKE REQUESTED THAT RESOLUTION 99-111 BE PLACED BACK UNDER RESOLUTIONS.
VOTE: (except for K.) YES: CUE, FENSKE, WELLES, YOURKOWSKI, MARQUARDT, MATTHEWS.
Motion carried.
VISITORS
A. Canvass Board Report, Lois Irvin - Run Off.
Mayor Cushing thanked Lois Irvin for all her work.
Results of the November 2nd Run Off Election are as follows:
RACE PREC 1 PREC 2 PREC 3 ABSENTEE TOTAL %
QUESTIONED
COUNCILMEMBER (1)
One year term
KRANICH,
Ray E. Sr. 98.00 94.00 78.00 16 286 53.3%
SMITH, Bill 79.00 73.00 74.00 25 251 46.7%
There were 496 Regular voters, We further certify that 537 voters voted in this election. There were 34 absentee voters and 7 questioned voters. Percentage of voter turn out is 16.1%.
Total registered voters for the City of Homer are 3,328.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS
Chris Moss, KPB Assemblyman, reported that the animal control ordinance was adopted, Mayor Bagley vetoed it and there is a special meeting on 12/6 to try to override the veto. He reported that all four cities must agree to the ordinance or none will get the $25,000. Mayor Bagley may come back with an ordinance of his own wherein not all the cities have to agree. Assemblyman Scalzi has a drafted ordinance on the Recreation Service Area. Public Hearings will be held in Homer in the Council Chambers on November 30th and in Anchor Point at the Senior Citizens Center on December 1st.
Mayor Cushing called for a recess at 10:27 p.m. to allow Councilmember Welles to set up the presentation. He reconvened the meeting at 10:35 p.m.
A. Port/Harbor Rate Committee Presentation on the Port and Harbor of City of Homer Terminal Tariff No. 600 Revisions.
Councilmember Welles did a Power Point presentation of Port/Harbor Rate Committee Report, included in the packet, on the proposed Tariff Revisions.
PUBLIC HEARINGS.
A. Proposed Port and Harbor of the City of Homer Terminal Tariff No. 600 Revisions.
Memorandum from Port/Harbor as backup.
Patti Boily stated that she has lived in Homer and had boats in the harbor since 1977. There are a lot of issues in this tariff revision that hit the pocket book. She stated that she cannot look at that harbor and not see it making money, nor can she as a user see the justification for this dramatic increase in the rates. The Homer harbor user does not get any amenities such as there are in other harbors in the state. The end of the spit is not addressed as a real harbor operation because it does not welcome boaters nor promote the use of the harbor for pleasure boaters. There are flaws in this report that make it hard for harbor users to see the justification for the increases. The City has never come to grips with its vision for the Spit. The current condition of the Spit is not reflected in the survey conducted in 1987. The Spit Pedestrian Pathway is one of the best things on the Spit. The information provided does not tell the public anything about revenues, about what the harbor is earning. She stated that she pays over $700 a year for her 31 foot boat and that are lots of boats in that harbor bigger than hers. She commented about an article in an International magazine that says Seldovia is superior to Homer. What about efficiency experts, why isn't the harbor working, where is the equity and benefits. A lot of the slips don't have water or electricity, no potable water and no parking. She objected to refuge disposal and waste oil being a part of the harbor rates, this should be a benefit by the City to the City.
Brendon Boily asked for clarification on the $49 administration fee, it appears that the City gets less by doing more business transactions, monthly or daily users.
MAYOR - ASKED FOR A CONSENSUS TO SUSPEND THE RULES TO ALLOW PUBLIC QUESTIONS.
There was unanimous consent.
Brendon Boily asked if the $49 is for doing the business aspects of leasing him his slip.
Councilmember Welles stated that the $49 is paying for harbor administration- the biggest part, bad debt expense, office supplies, professional services, sewer, advertising, and employee training
Brendon Boily asked if there is any consideration for water or electricity. Is there any doubt that slips with water are more desirable?
Councilmember Welles stated that the increases are from audited figures. He stated that the marketability was not addressed. The Rate Committee was looking for the most fair and equitable way of charging the costs evenly.
Brendon Boily did not object as long as the rest of the users are not subsidizing charter businesses.
Councilmember Welles advised that there is going to be an attempt made regarding a water system, but it still needs to be evaluated. The harbor users are only paying 30% of the cost of refuge disposal and are not paying for the rest rooms. The General Funds picks up the cost of the restrooms. The waste oil is addressed in the tariff and there is no charged for up to 5 gallons of waste oil.
Brendon Boily commented further on the administrative costs. He voiced appreciation for the security of the harbor; however, noted that the security, harbor master and other personnel are really there for those that using the facility as a business. He expressed his feeling that the rest of the users are subsidizing the businesses.
Councilmember Welles stated that the others are paying a higher percentile rate.
Councilmember Fenske commented on water service float, whether transient or annual user.
Port Director/Harbormaster Abbott stated that the service float will be available under the construction in the harbor. Short term temporary electric use, potable water and wash down and potable water for tank filling, plus the eco-barge will be adjacent to that location for sewage holding tank.
Councilmember Fenske asked about augured ice and pneumatic ice and equalization of rates. Is the reason these rate are now the same, to stimulate use of one rather than the other?
Port Director/Harbormaster Abbott stated that the pneumatic ice is hardly ever purchased because it cakes up in the shoot. The sale of ice takes a lot of labor and most of the sale of ice is through the auger shoot so the rates need to be the same.
Councilmember Welles stated that there was one other question by Mrs. Boily regarding the financials. He advised that copies of these are on the back table. The rate model uses all of the same accounts and terminology that is currently in this budget.
Charles Davis stated that he does not have a boat, but has lived here for 21 years without basic services in an organized town with systems set up for water, sewer and roads, there are certain procedures, lists and rules. The General Fund has supported the Port/Harbor Fund. He stated that he does not know how many restrooms are on the Spit, but does know how many there are on Pioneer Avenue or on Main Street. He commented about the complaints on administrative costs, but most of those costs are very real that the General Fund has been paying. There are those who live in the City of Homer without basic services. He voiced his hope that this rate study will stand up to inspection by objective, non biased disinterested individual(s) or a group. He commented that it seems there has been some fudging going on and hopefully not any favoritism placed in the details. He assumed that the detail is accurately assigned. Early on in this community there was discussion that the enterprise funds would pay for themselves. If the costs show that the rates ought to go up $24 per foot they ought to go up now not next year and easing this in is penalizing the rest of the City. There should be equal and due process protection for everybody. He thanked the rate committee for the work they have done. The cost centers should be analyzed for the whole budget. He hoped for a way for the rest of the people in Homer to get services. He emphasized that he has received absolutely nothing in 21 years not even a sign to direct people to Bishop's Beach.
Ray Kranich stated that he has felt all along that the rates for the stalls in the harbor should be based on services provided at each of these stalls. In this computer day and age it should not be too complicated and this should have been considered. Regarding the grid fees versus the beach fees, it looks like some of the grid fees are cheaper, but the price of having the beach smoothed down is less than 2 or 3 harbor personnel working on the barge ramps/grid. It costs big money to maintain the barge ramps/grids versus the cost of maintaining the beach. The increase on the bigger vessels on the beach should be reviewed and perhaps stay the same as the charge for the smaller vessels.
ORDINANCE(S)
A. Ordinance 99-18, Of the Homer City Council Amending Homer City Code Chapter 19.08, Campgrounds, to Include a Definition for Camping Season in Section 19.08.020, Definitions, and a Prohibition in Section 19.08.030, Parking or Camping Prohibited--Enforcement. City Manager. (First Reading 10/11/99, Public Hearing 10/25/99, Second Reading 11/22/99.)
FENSKE/WELLES - MOVED TO ADOPT ORDINANCE 99-18.
FENSKE/YOURKOWSKI - MOVED TO AMEND FOR FIRST SECTION 19.08.030(d) AFTER WORD PROHIBITED - EXCEPT IN THE WINTER SPIT CAMPING AREA DESIGNATED AS THE PARKING AREA IMMEDIATELY NORTHWEST OF THE MARINER MEMORIAL(1) AND ON THE SAME SIDE OF THE ROAD.
There was quite a bit of discussion pro and con. The question of the cost of collecting was commented on and one idea was that the camping permit could be obtained from the Port/Harbor Office.
The City Manager advised that Mr. Chapple's campground is available year round.
Port Director/Harbormaster Abbott clarified that Mr. Chapple accommodates those who want to camp during the off season.
There was lengthy discussion regarding the whole camping issue and making provisions for campers local and non local. Liability concerns were mentioned.
City Attorney Tans stated that storms are not something to be concerned about, because the City cannot stop a storm. The concern is with ice and slippery conditions, slips and falls and that sort of thing.
VOTE:(amendment 1.) YES: YOURKOWSKI, MARQUARDT, CUE, FENSKE.
NO: WELLES, MATTHEWS.
Motion carried.
YOURKOWSKI/FENSKE - MOVED TO AMEND SECTION 1 ADD DELETE PERIOD OF TIME MAY 1 THROUGH SEPTEMBER 1, REPLACE WITH PERIOD OF TIME FROM MARCH 1 THROUGH NOVEMBER 30.
A couple of comments were made that this is too lengthy of a period. There was some discussion about Karen Hornaday Park closure, which is contingent upon winter weather.
VOTE:(amendment 2) NO: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, MATTHEWS, CUE.
Motion failed.
WELLES/FENSKE - MOVED TO SUSPEND THE RULES TO CONTINUE PAST MIDNIGHT UNTIL THE BUSINESS IS DONE.
VOTE:(Suspend Rules) YES: CUE, FENSKE, WELLES, YOURKOWSKI, MARQUARDT, MATTHEWS.
Motion carried.
YOURKOWSKI/CUE - MOVED TO AMEND LINE D. APRIL 1 THROUGH OCTOBER 30.
There was a concern that Karen Hornaday Park should be addressed individually in this section of the Code.
City Attorney Tans recommended against addressing Karen Hornaday Park specifically, pointing out that section 19.08.030 addresses this through the signage provisions.
VOTE: (amendment 3.) YES: MATTHEWS, CUE, FENSKE, YOURKOWSKI, MARQUARDT.
Motion carried.
MARQUARDT/CUE - MOVED TO AMEND SECTION 2 D. PAGE 102 LINE 49 CHANGE WORD OPEN TO OPENED AND ADD CLOSED AFTER WORDING: Would read as follows:
Amendment 3. 19.08.030(d) to change this sentence to read as follows: The City Manager may, for cause, enter a written directive that one or more city campgrounds will be open opened or closed up to thirty days before and thirty days after the camping season, or for any other period of time specified in the directive.
VOTE:(amendment 4.) YES: MARQUARDT, MATTHEWS, CUE, FENSKE, WELLES, YOURKOWSKI.
Motion carried.
VOTE:(main amended motion) YES: MATTHEWS, CUE, FENSKE.
NO: YOURKOWSKI, MARQUARDT, WELLES.
MAYOR: TIE VOTE: YES:
Motion carried.
B. Ordinance 99-19, Of the Homer City Council of the City of Homer, Alaska authorizing the Sale to Jack Griffin of a Parcel of Land Described by the Kenai Peninsula Borough as Tax Assessor Number 175-160-46. Planning and Property Management. (First Reading 10/11/99, Public Hearing 10/25/99, Second Reading 11/22/99.)
FENSKE/MARQUARDT - MOVED FOR THE ADOPTION OF O5RDINANCE 99-19 BY READING OF TITLE.
MATTHEWS/MARQUARDT - MOVED TO AMEND TO STRIKE SECOND SENTENCE IN C. ON PAGE 107 AND ADD D, WHICH WOULD SAY THE PROPERTY IS NOT TO BE RESOLD UNLESS IT IS REPLATTED AND JOINED WITH EITHER LOT, WHATEVER THE DESCRIPTION IS, OR LOT WHATEVER THE LEGAL DESCRIPTION IS.
7.c. Delete second sentence - If purchaser desires title insurance, purchase shall pay for the insurance. add 7.d. The property is not to be resold unless it is replatted and joined with either lot, whatever the legal description is.
VOTE: (amendment). YES: WELLES, YOURKOWSKI, MARQUARDT, MATTHEWS, CUE, FENSKE.
Motion carried.
City Attorney Tans affirmed that the legal description of the lots could be added to the ordinance after adoption.
VOTE:(main amended) YES: YOURKOWSKI, MARQUARDT, MATTHEWS, CUE, FENSKE, WELLES.
Motion carried.
C. Ordinance 99-20, Of the City Council of the City of Homer Amending the Official Maintenance Map of the City of Homer by Adding 311 Lineal Feet for the Larkspur Court North and South Cul-De-Sacs for Permanent Maintenance. Public Works. City Clerk. (First Reading 10/11/99, Public Hearing 10/25/99, Second Reading 11/22/99.)
MARQUARDT/WELLES/MATTHEWS - MOVED FOR THE ADOPTION OF ORDINANCE 99-20 BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.
Councilmember Marquardt stated that this looks great.
VOTE: YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, MATTHEWS, CUE.
Motion carried.
D. Ordinance 99-21, Of the City Council of Homer Appropriating Funds for the Calendar Year 2000 for the General Fund, the Water Fund, the Sewer Fund, the Port/Harbor Fund, Debt Funds, Capital Reserve Funds (Conditional Expenditures). City Manager. Finance. (First Reading 11/22/99, Public Hearing 12/13/99, Second Reading 12/20/99.)
Mayor Cushing stated that there has been some discussion of moving the Second Reading to December 13th to coincide with the Public Hearing. No action was taken at this time.
WELLES/MARQUARDT/FENSKE/MATTHEWS - MOVED TO ADOPT ORDINANCE 99-21 BY READING OF TITLE FOR INTRODUCTION AND FIRST READING.:
WELLES/MATTHEWS - MOVED TO AMEND TO ADD $42,800 TO THE PERSONNEL ITEM UNDER THE POLICE DEPARTMENT TO RETAIN THE POLICE OFFICER.
Mayor Cushing called for a break at 12:42 a.m., reconvening the meeting at 12:55 a.m.
Motion was withdrawn.
Councilmembers will fill out the budget amendment sheets with their proposed amendments, submit these by the Budget Worksession on Wednesday, November 24th to be compiled for the Public for the Public Hearing on December 13th.
Councilmember Matthews pointed out that the City Manager has submitted a balanced budget and any amendments should be addressed to retain that balance.
There was discussion regarding zero funding to partial funding, to full "prior year" funding of non profits. Deleting funding to non profits may well create a crisis situation and have a serious ripple effect to the volunteerism of this community. The overwhelming testimony in favor of funding non profits was noted as well as the services and amenities that are provided by non profits. Funding of non profits could be done by using some of projected excess to the 2000 Budget.
Mayor Cushing and some Councilmembers commented on using the Homer Foundation as a mechanism for transferral of funds for non profits, not necessarily for this budget process and maybe for next year's process. The Exxon settlement money was mentioned as possibly going to the Homer Foundation for these allocations.
Mayor Cushing stated that he will do the first cut on the Council and Mayor's budget as an amendment.
Comments were made on the Memoranda from Department Heads regarding the 10% budget cuts. This sheds light on the impacts, these cuts are tough and some real basic nuts and bolts will be missing. For a short term bandage sort of approach this appears to be doable. There is not much left in the budget that can be deleted without real disservice to the community. Some things need to be added back in such as street sweeping prior to Shorebird Festival, as a health issue regarding the dust. Priorities have to be set. The Department Heads did not make cuts so that the non profits could be funded.
City Manager Drathman advised that the potential purchase of a used street sweeper is being pursued through the fleet reserve.
Council commented on the need to increase revenues and some possible means:
Mayor Cushing will look very carefully at the $341,000 figure of projected excess to the General Fund. He wants to send the message that City has the capacity to make this fund balance grow. The City cannot continue to reduce revenues and still show great financial health. It is going to be tough, it is going to be lean. During the early 90's the City was receiving around $800,000 from the state and that has dropped to about $200,000. The City has paid down $4 million in debt, has not raised taxes, has lowered taxes - boat and personal property, and has been very responsible. He commented on using the Homer Foundation and/or other means of investing. The people have to see that they need to put their money where their September 14th vote was on the permanent fund. If the approach is "business as ususal" there will be no move by the public to get behind anything on behalf of these non profits, bed tax, and service areas. It is time for the public to recognize that it cannot be "business as usual". If 4,000 City residents donated $100 from their permanent fund checks that is $400,000 and if there were 8,000 contributors of $100 each that number would double. He noted that is why it is so beautiful with what Brother Asaiah did with the $5,000, whether the City takes the money or nor or whether it is used as a seed for contribution to the Homer Foundation to start a general endowment. This is an example of what the citizens can do to truly get the City out of the business of having to fund non profits.
VOTE: YES: CUE, FENSKE, WELLES, YOURKOWSKI, MARQUARDT, MATTHEWS.
Motion carried.
Mayor Cushing called for a recess at12:42 a.m. reconvening at 12:55 a.m.
CITY MANAGER' S REPORT
A. City Manager's Report. (Weekly crane and ice time, Report on Court Cases - TOS, Inc. vs. City of Homer & Kloster vs. HPD, Treasurer's Report, Kachemak Bay Multi Purpose Ocean Dock/Pioneer Dock Project Schedule & semi annual performance progress report, Census 2000, Report from Homer Youth Court on the Juvenile Detention Facility Committee, "Homer - A Railroad Town" by Dave Brann.)
B. Bid Report, from City Clerk
C. Game Permit Report, from City Clerk
City Manager Drathman noted that Dave Brann's treatise has already been of value to the City in research on a "sink hole".
COMMITTEE REPORT
A. Port/Harbor Rate Committee Synopsis. (10/28/99)
PENDING BUSINESS
NEW BUSINESS
A. Board of Adjustment Session, Re: Griswold/COB, Inc. The Superior Court has remanded this matter to the Board of Adjustment with instructions to remand to the Planning Commission for further fact finding.
Mayor Cushing recessed the regular meeting at 1:43 a.m to Board of Adjustment Hearing.
I. BOARD OF ADJUSTMENT HEARING - CALLED TO ORDER
The Board of Adjustment was called to order at 1: 43 a.m.
A. SUPERIOR COURT REMAND TO THE BOARD OF ADJUSTMENT, Re: . FRANK S. GRISWOLD VS. CITY OF HOMER, a municipal corporation, and COB, Inc. Case No. 3HO-97-60 CI
1. Superior Court remanded this matter to the Board of Adjustment with instructions to remand to the Planning Commission for further fact finding. The Board of Adjustment will consider remanding the matter to the Planning Commission for further proceedings in accordance with the Court decision.
YOURKOWSKI/WELLES - MOVED TO REMAND THE MATTER TO THE PLANNING COMMISSION FOR FURTHER PROCEEDINGS IN ACCORDANCE WITH THE COURT DECISION.
VOTE: YES: MARQUARDT, MATTHEWS, CUE, FENSKE, WELLES, YOURKOWSKI.
Motion carried.
II. ADJOURNMENT BACK TO REGULAR MEETING.
Mayor Cushing adjourned the Board of Adjustment at 1:45 a.m. and reconvened the Regular Meeting at 1:45 a.m.
B. Memorandum 99-214, from Parks & Recreation Commission, Re: Ben Walters Park Master Plan.
Recommendation: City Council adopt the Ben Walters Master Plan.
Fiscal Note: Not defined.
APPROVED UNDER CONSENT AGENDA.
RESOLUTIONS
A. Resolution 99-101,Port/Harbor Terminal Tariff 600 Revisions, Resolution, Of the City Council of Homer, Alaska Amending the Port and Harbor Tariff No. 600, Rule 34.8 Liability for Loss and Damage and Indemnity, and rule 34.24, Handling, Loading and Unloading. Port/Harbor.
Memorandum from Port/Harbor as backup.
MATTHEWS/WELLES - MOVED TO ADOPTION OF RESOLUTION 99-101 BY READING OF TITLE
Port Director/Harbormaster Abbott responded to Council inquiry that a Fish Dock Use Permit is not necessary if a user is unloading their own boat, with their own crew and using their own crane card. He referenced page 258 of the packet, page 7 of the permit and Section 21, Permit Administration, which reads:
The Harbormaster shall administer this permit on behalf of the City. The Fish Dock Use Permit is applicable to all businesses using the Fish Dock facilities except individual vessel owners using their own vessel crew and crane access card to load or unload only their own vessel.
VOTE: YES: YOURKOWSKI, MARQUARDT, MATTHEWS, CUE, FENSKE, WELLES.
Motion carried.
B. Resolution 99-102, Of the Homer City Council Confirming the Assessment Roll, Establishing Dates for Payment of Special Assessments, and Establishing Delinquency, Penalty and Interest Provisions for the Larkspur Court Paving and Partial Road Reconstruction and Partial Road Reconstruction Assessment/Improvement District. City Clerk. Fiscal Information in backup.
ADOPTED UNDER CONSENT AGENDA:
C. Resolution 99-103, Of the City Council of the City of Homer, Alaska Certifying the Results of the Run- Off Election Held November 2, 1999 to Elect One Councilmember. City Clerk. Canvass Board.
YOURKOWSKI/WELLES/MATTHEWS - MOVED FOR ADOPTION OF RESOLUTION 99-103 BY READING OF TITLE.
VOTE: YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, MATTHEWS, CUE.
Motion carried.
D. Resolution 99-104, Of the Homer City Council Supporting the ADOT/PF STIP Rehabilitation Project of Bunnell Street/Ohlson Lane and Authorizing the City of Homer to take over the Maintenance Responsibility of Bunnell Street/Ohlson Lane After Project Completion. City Manager. Fiscal Information in backup.
Memorandum from Public Works as backup.
ADOPTED UNDER CONSENT AGENDA.
E. Resolution 99-110, Of the City Council of Homer, Alaska Authorizing the City Manager to Contact the Appropriate Regulatory Agencies Needed to Institute a Passenger Facility Charge at the Homer Airport Terminal. Yourkowski. Fenske Fiscal Information in backup.
YOURKOWSKI/FENSKE - MOVED FOR THE ADOPTION OF RESOLUTION 99-11O BY READING OF TITLE.
There was some discussion on this matter. The state has been contacted regarding the viability of doing this charge at the Homer Airport by the City. A definitive answer is pending. The airport has been costing the City money since its inception. This is a service the City is providing for the whole area and the Passenger Facility Charge is an opportunity for the whole area to participate in paying for the facility.
City Manager Drathman advised that apparently there is a distinction in classes of airports that are owned and operated by municipalities and airports that are owned by the state, but operated by the municipalities. In the one the municipality cannot do a head tax and in the other it can. The state is considering some legislation on this issue this next session that would permit this charge by the City at Homer's Airport. He advised that a survey is being conducted of other cities that have airports similar to Homer's to see how Homer can do this as part of a rental agreement with airlines that service the Homer Airport. An answer to all these questions should be received very soon.
As an explanation and so that no one thinks this is a new tax, Councilmember Fenske relayed that there is some mechanism set up nationally for charges to be made from the point of departure and are a part of the hidden charges that are never seen on airplane tickets. This fee is only allowed to be assessed four times. As Homer residents are flying these charges are being assessed for other airports, so it only makes good sense to make that first charge at the Homer Airport.
City Manager pointed out that the City is looking at every conceivable way to increase revenues and the airport is a perfect example. There are airports that charge a toll, as far fetched as that is, it is also being reviewed as well as ways to cut maintenance down by doing equipment swapping with the state airport maintenance people. One of the City's biggest costs is removing snow at the ramp at the terminal, informing Council that a special kind of non airplane corrosive sanding is required.
VOTE: YES: CUE, FENSKE, WELLES, YOURKOWSKI, MARQUARDT, MATTHEWS.
Motion carried.
F. Resolution 99-111, Of the Homer City Council Urging the State of Alaska to Formally Consider Prohibition or Other Restrictions on the Use of Personal Watercraft (Jetskis, Sea-Doos, Waterbikes and Similar Craft) in Kachemak Bay and Fox River Flats Critical Habitat Areas. Yourkowski.
YOURKOWSKI/FENSKE - MOVED FOR THE ADOPTION OF RESOLUTION 99-111 BY READING OF TITLE.
Discussion included comments on the incompatibility of personal watercraft to this area. Petition figures were reiterated as provided from Brad Van Apple.
FENSKE/MATTHEWS - MADE A MOTION TO AMEND THE TITLE PARAGRAPH, TO STRIKE PROHIBITION OR OTHER, ADD A THIRD WHEREAS CLAUSE, WHEREAS THE CITY OF HOMER RECOGNIZES THE POSSIBLE USES OF PERSONAL WATERCRAFT FOR PUBLIC SAFETY IN SEARCH AND RESCUE, AND IN THE LAST PARAGRAPH THE NOW THEREFORE BE IT RESOLVED STRIKE A PROHIBITION OR OTHER AND STRIKE LOCAL.
There was pro and con discussion about the deletion of this wording.
The Council asked for Brad Van Apple, Cook Inlet Keeper, for his input regarding this amendment. He emphasized the importance of leaving the wording "prohibition or other". He advised that the petition called for a moratorium on the use of jet skiis so that the Alaska Department of Fish and Game could come up with the appropriate regulations. Since that time it has been learned that the Alaska Department of Fish and Game cannot do moratoriums so the new petitions are asking for prohibition. He advised that this petition is not a legal petition but a public poll or survey. People are demonstrating their support for a prohibition.
VOTE: (amendment 1.) YES: MATTHEWS, FENSKE, WELLES.
NO: MARQUARDT, CUE, YOURKOWSKI.
MAYOR: TIE VOTE: NO:
Motion failed.
Council discussed the use of these craft for emergency vehicles, there did not seem to be any objection for emergency use.
VOTE:(main motion) YES: MATTHEWS, CUE, FENSKE, WELLES, YOURKOWSKI, MARQUARDT.
Motion carried.
COMMENTS OF THE AUDIENCE.
Ginny Espenshade reported on the Juvenile Detention Facility, that the public comment period is running out and no one came to the public hearing in Homer. She emphasized the importance of having this facility for our local youth, whether it is Kenai or Soldotna. This facility would be closer to the youth's homes and support systems. The same design used in Ketchikan will probably be used here. She stated that she is encouraged by the process of funding non profits rather than the amount and that the Homer Foundation idea is an outstanding idea. It is not good for one non profit to be pitted against another and not a good process for the City to be involved in. She urged the Council to look for another way and to maybe consider United Way. Eight agencies in Homer are member agencies of United Way and that is dollar for dollar that can be designated.
Ray Kranich voiced his appreciation for all the thought especially on the budget, concerning the non profits and the Mayor's statement on non profits. Regarding Resolution 99-110, passenger facility fee, he stated that he deals with the airport leasing quite regular and that he knows lessees can charge a percentage of their gross revenue from a tenant. Therefore, why couldn't a lessee charge a fee for every person that walks through the door in the lease premises. He asked that the airport electricity bill of $24,000 a year be reviewed, especially with the note that the airport is heated with $8,000 worth of fuel oil. The drafty fire hall is heated and lighted for $16,000 worth of electricity, half the cost of the airport.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans had no comment.
COMMENTS OF THE CITY CLERK
City Clerk Calhoun had no comment.
COMMENTS OF THE CITY MANAGER
City Manager Drathman stated that he would get to work right away on finding out about the Airport Electric charges for newly elected Councilmember Kranich. The budget as newly revised will be in Council's mailboxes by noon tomorrow. He noted that Asaiah Bates' offer of $5,000 for Head Start was sincere and that he should receive the check. This donation should be publicized and perhaps there could be some sort of tax benefit.
COMMENTS OF THE MAYOR
Mayor Cushing stated that he has some ideas regarding the tariff revisions that he will bring up at that time. He asked the Clerk to copy to himself and all the Council any agreements etcetera with the museum. He noted that the Council took testimony for 2.25 hours and did their part in four hours.
COMMENTS OF THE CITY COUNCIL
Councilmembers Cue and Welles had no comments.
Councilmember Matthews commented on the budget process and urged the Council to maintain a balanced budget, to keep in mind the newly acquired KPB Old School Buildings that will require maintenance as well as the new Pioneer Dock. The Resolution adopted in 1982 was not intended as a band aid for the museum
Councilmember Yourkowski stated that he very much enjoyed all the public input tonight and that he desired this type of input at every Council meeting.
Councilmember Marquardt voiced his opinion that the non profits have stepped up to the plate and are doing what they can to raise funds. The City's contribution is a small but necessary portion .
He suggested that perhaps more people have to step up to the plate. He voiced agreement with Councilmember Welles comments on the budget and setting priorities. He commented on finding a way to continue funding non profits and do business as usual for another year until alternative means are found so as not to create a crisis situation for any of the non profits.
Councilmember Fenske stated that it is an interesting situation, because the Council does not have a lot of money to spend. He voiced appreciation of all the dialog that went on this evening.
City Manager Drathman thanked Finance Director Baugh for all the work he has done on the Budget and thanked Public Works Director Meyer and Port Director/Harbormaster Abbott for staying through the meeting.
Councilmember Fenske thanked Councilmember Matthews for all the input and work on the port and harbor rates and that all that he has done for the community over the years is appreciated.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 2:36 a.m. The next regular meeting is scheduled for December 13, 1999 at 7:30 p.m. in the Homer City Hall Council Chambers. A Budget Worksession is scheduled for Wednesday, November 24th at 7:30 p.m. The FEMA/FIRM public hearing is scheduled for Tuesday, November 23rd from 5 to 7 p.m. There will be a Special Meeting on Monday, November 29th to administer the Oath of Office to the elected official.
_________________________________________
MARY L. CALHOUN, CMC/AAE, CITY CLERK
1. Seafarer's Memorial.