Session 03-21, a Regular Meeting of the Homer City Council was called to order at 7:04 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 Committee of the Whole meeting was held from 4:02 to 5:30 p.m. regarding the Regular Meeting Agenda and the Shared Library Facility, Kirk McGee,
CIRI, regarding thinning of trees on CIRI property. The Budget Worksession was held from 5:44 to 6:47 p.m. in the Homer City Hall Council Chambers.
P RESENT: COUNCILMEMBERS: BECK, FENSKE, KRANICH, LADD, STARK, YOURKOWSKI.
STAFF: CITY MANAGER WREDE
CITY CLERK CALHOUN
FINANCE DIRECTOR BAUGH
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: Consent Agenda - Substitute page 3, Special Meeting Minutes of
October 20, 2003, Resolution 03-137(S), Ocean Drive Loop Sewer. Percentage change, note property owner group requests, Resolution 03-138(S), Rose
Bud Court Sewer, Percentage change, failure of district, Additional backup to Memorandum 03-167, Additional backup to Memorandum 03-181,
Memorandum 03-187, from Port/Harbor Commission and Director, Supporting the Tener Lease and the Addition of Item N. Memorandum 03-186, from
Mayor, Re: Appointment of alternates to the Town Center Development Committee; City Manager's Report addition, from Clerk, Underage Voters who
voted in the City Election; New Business - Memorandum 03-185, correcting Memorandum 03-184; and Miscellaneous public comments, requested to be
given to the Council for the meeting.
As recommended by the Public Works Director, Resolution 03-137(S) was pulled off of the Consent Agenda and will be placed on the November 24th
agenda.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Public comments upon any matter on the agenda EXCEPT Visitor, and Public Hearing - Ordinances03-59, 03-60, and Ordinance 03-61.
Wesley J. Humbyrd, citizen of the area for thirty three years and in the annexed area, advised that, after watching some of the City Council meetings, he had
a concern that might help with the budget. He commented about the newly extended System 5 dock (1) and that his friends brought in this one hundred and
sixty five foot vessel to town, the Cape Flattery, which is a research vessel owned by the Aleut Native Corporation out of Saint Paul Island. He noted that
the only electricity available was 220/3-phase and the vessel needs 440/3- phase. Mr. Humbyrd stated that 440/3-phase exists on one end of the dock for the
Tiglax and one end for the Roanoke Island (2). He relayed speaking with a City Manager in the past who had stated that it was too costly to put in the
440/3-phase electrical hookup. He suggested that this power, the 440/3-phase service, be put in using the some of the Fisheries Revitalization Funds (3). He
asserted that if this power is installed the vessels will come to Homer, instead of going to Seward, and leave some of their money here in Homer. He
reported that these vessels are being charged eight hundred dollars a month, a big sum of money, and that "they" would like the convenience of not having to
spend seven thousand five hundred dollars for a transformer, brought down from Anchorage, to plug into Homer power to run their ship. According to Mr.
Humbyrd these ships cannot have any electricity on their vessel, whatsoever, and have just enough power, through their transformer, to run a deep freezer
and the lights inside the ship. Mr. Humbyrd stated that there was another vessel pulled up along side yesterday that will have to run its generator plants for
two or three months before going back out to the Bering Sea to fish Opelio Crab. He emphasized that if the City would, in some way, consider putting some
440 power on the dock there would be a return on the dollar for the vessels stopping in Homer instead of going somewhere else. He confessed that he does
not know what the cost would be, but did not believe it to be too astronomical. He relayed that guys have told him that they like stopping in Homer, because
it is on the highway system, there is a way to get their crews here by flying into Anchorage and back to Seattle and that it is the only place along the coast
that has all of these services. He informed the Council that the last boat he watched, two years ago, was the Scandies Rose. According to Mr. Humbyrd, the
crew on the Scandies Rose ran the generator plant and burned six thousand gallons of fuel while here, and when they left town they took forty thousand
gallons of diesel fuel and stated, to Mr. Humbyrd, that they would never bring the boat back to Homer until there is some 440 power so that they do not
have to run the generator plant. Mr. Humbyrd addressed the economic issues of having the larger vessels in Homer, noting the purchases made by the crew
members. He suggested that it would behoove the City to try, in some way or another, to come up with some kind of a system to install 440 power, since it
is already on the System 5 dock, in three or four stations along that main dock. He noted that the dock was enlarged to bring bigger vessels in, yet what is
available, it is not being used.
Mayor Cushing stated that this will be passed on to the Port/Harbor Commission.
Angie Newby, resident Ocean Drive Sewer Assessment District, commented that, although a moot point, she is here to share the excitement of all of the
neighbors in the subdivision who have testified previously in support of the sewer improvements, who have worked so hard over the last ten years and in two
previously failed LID attempts to get a majority vote to approve the existing sewer assessment districts for their neighborhood. She stated that they are very
happy to see this before the Council and that they wished it was before the Council tonight to get this moving along. She acknowledged that there were some
objections, emphasizing that this LID process was followed to the tee and that LIDs by their very nature have supporters and dissenters. She stated that this
is one process, that it can be honestly said of, is de politicized and the majority rules. She pointed out that in this case the majority have voted to approve the
formation of the sewer assessment district. Mrs. Newby commented that it has really been a long time coming, because there have always been a couple of
neighbors who have not wanted to participate and have been able to derail the LID process. She noted that in today's petition and the whole process there a
majority of friends and neighbors and tax payers who have opted to join the City Sewer District. Therefore, she concluded, the time has come, the majority
have said yes, all the Council needs to do just move it ahead and she encouraged the Council to move it ahead as it is.
Alan Parks addressed the Council regarding Resolution 03-142, Supporting a Gulf of Alaska Groundfish Rationalization Plan that unlocks the value of the
renewable fishery resources. He voiced his full support of this resolution and voiced thanks for the things the City has done to support open docks, diverse
markets and bringing in buyers that are going to increase the value of export vessel prices for fish. He noted that this is the direction the City has taken for
years and it is good to see the City step up to the bat when talking about Gulf of Alaska Rationalization. He commented about the past resolutions that the
Council has passed in opposition to processor quota shares, also in this resolution. He relayed that it was said at the time of processor quota share
discussions that this would stay out of the Gulf of Alaska, was just for the Bering Sea Crab Fisheries and would not affect the Gulf communities; however, it
is very clear that Corporate ownership and Processing Cartels are moving toward the Gulf of Alaska. He thanked the Council for looking at this and for
paying attention, and thanked the North Pacific Fishery Association for bringing this to the Council's attention. He informed the Council that he is the
Outreach Coordinator for the Alaska Marine Conservation Council (AMCC) and, although the AMCC has not taken a position specific to this resolution
many of the whereas's speak to past positions AMCC has taken. He stated that a point that needs to be made is that when talking about privatizing the
fisheries and management plans for sustainable resources, processor quota shares really have nothing to do with conservation, because conservation happens
on the fishing grounds by fishermen and how they harvest the resource and techniques used. Whereas, he continued, processor quota shares is really nothing
but market delineation and that is unprecedented in almost every industry in the nation. He reiterated appreciation for the Resolution, that it supports the
Ocean, the resources, the communities and the fishing families on the Kenai Peninsula. He encouraged the Council to vote in favor of the Resolution.
Carol Swartz addressed the Council regarding Memorandum 03-184, stating that whatever the Council's decision regarding the new library as a joint use
facility or consortium library the Kachemak Bay Campus will be in support and get behind that decision. She interjected and emphasized several times
throughout her comments that the Kachemak Bay Campus is part of the City of Homer. She noted that for many years, since the eighties, there have been
many discussions about a long time community goal of a joint use facility with shared expanded resources, a data base that is both electronic and in reference
books, and what that type of facility would bring to the community. She emphasized that the Kachemak Bay Campus and Public Library serve similar
missions and the current plans for the public library will provide reading and study space, research assistance, special programming and much more. She
voiced support for the consortium library/joint use facility concept and that the College hopes to team up on some operational aspects of a joint use facility.
Ms. Swartz noted that they brought this issue forward last spring for discussion, it is apparent that the discussion is late, interjecting that many people told
them to wait until the land was purchased for the new library. She acknowledged that it sounds like the capital campaign is well underway and so it is a
timing issue. Ms. Swartz emphasized that they are wide open for the future for different and other opportunities that might occur and that they will look
forward to working together. She commented that the status quo can continue with students using both the services of the Public Library and the Kachemak
Bay Campus. She commented on budgetary constraints, space needs issues and some of the other similarities the College has with the Public Library's needs.
She relayed that there are many joint use facilities with public libraries and universities, that she had hoped to be able to expand services for the benefit of the
rest of the community having access to these resources, that they do not have access to unless they are students. She confirmed the continuance of the
wonderful cooperative relationship and anything to support the capital campaign. She thanked the Council for all of the healthy discussion.
David Raskin thanked the Council for this opportunity and noted his strong support of the current campaign to get a new Library for the City of Homer,
although he does not live in Homer. He reported that he and his wife have worked hard to help in the capital campaign, have had fund raisers in their home,
helped raise money, are one of a number of lead donors and feel very strongly that this community needs a new library. He stated that he is also a strong
supporter of higher education having spent thirty two years as a university professor in four different universities and had a regular experience with university
needs of academic programs. He voiced agreement that the college needs a library, but the needs of an educational institution, like the college, are
fundamentally different than the needs of a public library. Mr. Raskin shared with the Council that every City he has lived in and every university he has
worked at have had both and these libraries serve different needs. He pointed out that it is too late to change the game plan with all of the work by the City
Council and the Capital Campaign Committee; the contributions and land donation of the City of Homer; the funds raised and grants being prepared; and the
architectural plans in the mill, which have all been done for the City Library to serve the Community. He emphasized that all of this work has not been done
for a college library, which has different needs, which would require great changes in the plans, and which would require different monies for different
purposes. He stated, that although he supports the College's need for a library, that he believes it is very important for the City to continue on the path taken
and follow the direction set by the Capital Campaign Committee and the white paper that they have prepared and what the City staff has prepared in
response to that paper. He thanked the Council for their interest and support of the library and voiced his hope that this can proceed on plan and on schedule
as proposed and as is being implemented.
Susan Kernes, resident of the City and member of the Library Capital Campaign Committee, commented that she wants to, very much, thank everyone for
listening to all of the arguments on all of the sides. She voiced her opinion that the bottom line is that "we" are on the road to building a great Public Library.
She noted that the scoping meetings, held a couple of weeks ago, portrayed the vision for a Library that will serve everyone, a Library that will be first class
and one that will have the kind of media, IT, and telecommunications equipment that are needed in this modern society. She relayed that the Library is
envisioned to serve the whole population; students young and old and regular citizens who may not have any educational affiliation who may just want to
stop by and read a book in one of the rooms being designed. She thanked the Council for their support, for helping them stay the course and for allowing
them to site the Library on the property that has the happy coincidence of extending the Town Center concept. She emphasized that everything about this
Library and the path that it is on is so positive and so wonderful that they would really appreciate the Council's support in allowing them to pursue the vision,
which really is an all encompassing and all inclusive vision. She thanked the Council.
RECONSIDERATION
None scheduled
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.)
Councilmember Yourkowski requested that Item M. be moved to New Business as Item B.
A. Homer City Council unapproved meeting minutes of October 13, 2003 Regular and October 20, 2003 Special Meeting. Recommend approval.
B. Ordinance 03-62, Of the City of Homer Repealing Homer City Code Chapter 8.02 General Business License. Port/Harbor. City Manager Recommend
introduction and conduct Public Hearing and Second Reading on November 24, 2003.
Memorandum 03-166, from Port and Harbor.
C Resolution 03-137(S), Of the City Council of the City of Homer, Alaska, Authorizing the Formation of the Ocean Drive Loop Sewer Assessment District
and Authorizing the City Manager to Proceed with the Preparation and Construction of the Ocean Drive Loop Sewer Project City Clerk. Fiscal Note: Total
estimated project cost: $1,005,750.00. Property owner assessments at 75%: $754,312.99. The City's share will be funded from the Homer Accelerated
Water and Sewer Program. Total assessment per parcel is $9,796.27. Recommend adoption.
Pulled under agenda approval, to be placed on the November 24th agenda.
D Resolution 03-138(S), Of the City Council of the City of Homer, Alaska, Noting the Failure of the Rosebud Court Sewer Assessment District
Authorizing the Formation of the Rosebud Court Sewer Assessment District and Authorizing the City Manager to Proceed with the Preparation and
Construction of the Rosebud Court Sewer Project. City Clerk. Recommend adoption.
E Resolution 03-139, Of the City Council of Homer, Alaska Renaming Upland Place to Orion Circle within the City of Homer. Planning. City Manager.
Fiscal Note: Cost of one street sign Recommend adoption.
Memorandum 03-168, from Planning as backup.
F Resolution 03-140, Of the City Council Amending the Council's Operating Manual, Section Four, General Procedures, and Section Six, City Council
Agenda and Meeting Conduct Guidelines for the Purpose of Amending the Executive Session Procedures. Requested by Mayor and Council. Recommend
adoption.
G. Resolution 03-141, Of the City Council Amending the Retention Schedule, Port/Harbor Stall Waiting List. Requested by the Port/Harbor. City Clerk.
Recommend adoption.
Memorandum 03-179, from Port/Harbor as backup.
H. Resolution 03-142, Of the City Council of the City of Homer, Alaska Supporting A Gulf of Alaska Groundfish Rationalization Plan that Unlocks the
Value of Our Renewable Fishery Resources, Ensures Competitive Processing Markets (and Allows for Reasonable Growth) for Kenai Peninsula Ports, and
Promotes Conservation of Our Fishery Resources. Mayor. Recommend adoption.
I. Memorandum 03-167, from Fire Chief, Re: Amending HCC 5.20.030, to Prohibit Open Burning of Household Waste and Other Items not Permitted.
Recommend approval of introducing Ordinance November 24, 2003 Regular Council Meeting.
J. Memorandum 03-180, from City Clerk, Re: Cancellation of the November 10, 2003 Regular City Council meeting due to AML week, Conduct Special
Meeting on November 17 at 7 p.m. Recommend approval.
K. Memorandum 03-181, from City Clerk, Re: Liquor License Renewals for the Salty Dawg and the Homer Elks Lodge. Recommend non objection and
approval.
L. Memorandum 03-182, from Mayor, Re: Appointment of Kyra Wagner to the Library Advisory Board.. Recommend confirmations.
M. Memorandum 03-183, from Finance, Re: William J. Tener, DBA, South Central Radar, Lease. Lot 88-1 Homer Spit Subdivision #2. Fiscal Note: Lease
rate is $6,960.00 plus tax, per year. Recommend approval.
Memorandum 03-187, from Port/Harbor Commission and Director, Supporting the Tener Lease.
Placed under New Business as Item B.
N. Addition, approved under Agenda Approval: Memorandum 03-186, from Mayor, Appointments of Alternates, to the Town Center Development
Committee. Beth VanSandt as the Chamber of Commerce alternate for Derotha Ferraro and Dean Kvasnikoff as the CIRI alternate for Kirk McGee.
Recommend confirmation.
LADD/BECK - MOVED FOR THE APPROVAL OF THE RECOMMENDATIONS OF THE CONSENT AGENDA.
There was no discussion.
VOTE: (Excluding Item C. and M.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VISITORS
A. Heather Pankratz, Project GRAD (Graduation Really Achieves Dreams).
Heather Pankratz, Executive Director, presented Project GRAD. The main emphasis is better, enhanced, more and higher education. She apprized Council of
the basic budget and funding elements of the project, and the approximate timeline for implementation..
Goals: Increase the number of students graduating, attending college, university or technical school and support families and students in self determination.
Identified Schools in the District to receive support: Nanwalek, Nikolaevsk, Ninilchik, Port Graham, Razdolna, Tyonek and Voznesenka.
Structure: Finance and program support from Project GRAD USA, support and implementation of local non profits, work with parents and community members, work with existing structures - School District and other service providers.
Programs: High School - scholarships, summer institute, tutoring; Classroom management - consistency management and cooperative discipline; Math Program aligned with state and district standards - Move It Math; Community Advocacy - campus family support and Reading program - Success For All.
Timelines: Fall 2003 Scholarship program presented to students, summer institutes introduced and math alignment. Spring 2004 First Summer Institute. Fall
2004 Move It Math. Spring 2005 Campus Family Support. Summer 2005 Second Summer Institute. Fall 2005 Success For All Reading Program.
Overall Project GRAD USA will contribute $2.5 million over five years to the implementation development and management of comprehensive education
reform across seven K - 12 schools within the Kenai Peninsula, directly impacting a student population of 594. The funding will be used to supplement an
additional $3,638,530.00 that will be raised by the local non profit (Project GRAD Kenai Peninsula) and a targeted district contribution of $2.63 million.
Project GRAD has produced students with better grades and higher achievement scores, positive attitudes, improved classroom behavior, teachers with
better training and outgoing support, parents with more direct involvement in their children's education, highschool graduates with higher college enrollment
rates, college students with great access to financial aide and scholarships.
There were a few questions and comments by the Mayor and Council. Exhortation was given to lobbying Juneau for the Kenai Peninsula Borough School
District for additional dollars for teachers with an emphasis on the state's responsibility to educate.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS
A. Mayoral Proclamation Homer Health Fair Week, November 1 - 8, 2003.
Mayor Cushing thanked all of those involved in putting on the Health Fair.
PUBLIC HEARING(S)
A. Ordinance 03-59, Of the City Council of Homer, Alaska Appropriating the Alaska Clean Water Fund Loan in the Amount of $150,000.00 for the
Wastewater (Sewer) Portion of the Water and Wastewater Master Plan and Authorizing the City Manager to Execute the Appropriate Documents. Public
Works. Finance. City Manager. Fiscal Note: Revenue and Expenditure Acct. 215-825. (First Reading 10/13/03, Public Hearing and Second Reading
10/27/03.)
There was no public testimony.
FENSKE/BECK - MOVED FOR THE ADOPTION OF ORDINANCE 03-59 BY READING OF TITLE.
There was no discussion.
VOTE: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Ordinance 03-60, Of the City Council of the City of Homer Amending the Official Road Maintenance Map of the City of Homer by Adding 400 Lineal
Feet, Carriage Court, as an Urban Road. Public Works. City Clerk..(First Reading 10/13/03, Public Hearing and Second Reading 10/27/03.)
There was no public testimony.
FENSKE/LADD - MOVED FOR THE ADOPTION OF ORDINANCE 03-60 BY READING OF TITLE.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Ordinance 03-61, Of the City Council of Homer, Alaska, Appropriating Funds for the Acquisition of Lot 7, Tract B., Nils O. Svedlund Amended, Also
know n as the Glenn Parcel. City Manager. Fiscal Note: Transfer from Capital Projects Fund, acct. 151-275, of $360,000.00 to Expenditure Fund, acct.
150-392, Land Bank Fund.(First Reading 10/13/03, Public Hearing and Second Reading 10/27/03.)
Mayor Cushing "recused" himself at 7:56 p.m., stating that it was for the same reasons he noted last meeting for first reading. He handed the gavel to Mayor
Pro Tempore Yourkowski as he left the table.
There was no Public testimony.
FENSKE/STARK - MOVED FOR THE ADOPTION OF ORDINANCE 03-61 BY READING OF TITLE.
Council's discussion included:
The fiscal impact or reasons of spending $3.6 thousand for 4.7 acres in the middle of Homer. This property is essential for the City to have an effect on the development of the Town Center and Central Business Area.
This property would create nearly a thorough fare from Heath Street to Main Street.
Encourage responsible development as envisioned by the University of Washington Students and as depicted on the posters around the Council Chambers, and to possibly take place in the near future.
This property has been seen as a logical location for the New Library and New City Hall.
One of the things that makes this lot important is that it has access to Pioneer Avenue. It basically allows access to the Town Center.
Allows for the possibility of public parking.
Possibility of student housing for the University.
Emphasis and concern that the Library project not be derailed or relocated to this property. The Hazel site for the New Library is where it should stay. This is not a better location for the New Library.
The City Manager was thanked for his timeliness and judiciousness in assisting the Council/City in purchasing this property.
The efforts of the Town Square Group to purchase this property were acknowledged.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Mayor Cushing returned to the table at 8:01 p.m. and received the gavel.
ORDINANCE(S)
A. Ordinance 03-50, Of the City Council Adding to the Homer City Code a New Chapter 7.06,Entitled "Environmental Protection," to Prohibit the
Operation of A Vehicle that is Excessively Noisy or without a Muffler and Exhaust System in Good Working Order, To Restrict Jake Brake Use, and to
Establish a Fine Schedule to be Incorporated into the City's Fee Schedule. Requested by Council. HPD. City Manager. Fiscal Note: Costs for enforcement
(First Reading 09/22/03, Public Hearing 10/13/03, Second Reading 10/27/03.)
STARK/FENSKE - MOVED FOR THE ADOPTION OF ORDINANCE 03-50 BY READING OF TITLE FOR SECOND AND FINAL READING.
Council comments included the following:
This Ordinance is badly needed, that the newer trucks are quieter and older trucks are less quiet.
People living along the roads are affected by the noise the older trucks generate and this Ordinance facilitates the authorization to deal with the noisier older trucks.
Decibel (dBA) determination was commented upon. The Police Department will measure the noise with a decibel meter.
This may inspire truck drivers to travel in lower gears and slower so as to not have to apply emergency stopping devices in congested areas.
In World Book Encyclopedia the following was found: Around 85 dBA hearing damage starts. At 120 dBA pain. Common circular saw runs around 100+ dBA. A vacuum cleaneraround85 dBA.
There are many children with hearing problems that cause articulation and enunciation problems.
Quality of Health is a good reason for this Ordinance.
Motor vehicles in residential areas after 8 p.m. or before 8 a.m. with a noise level in excess of 75 dBAs at a distance of fifty feet is not allowed.
VOTE: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
CITY MANAGER'S REPORT
A. City Manager's Report (Updates and follow up, Memo from Library Capital Campaign/Consortium Library, Thank you letter from Pratt Museum, Letter
of Appreciation from Sister City, Yelizovo delegates.)
B. Games Report.
There was some discussion about the hiring of a consultant to update and merge the transportation plan and the traffic study. There are funds to hire this
consultant in the Planning Reserves which has a balance of seventy one thousand dollars.
City Manager Wrede advised that he may ask the Council for a little more help on defining the scope of work. He voiced his belief that it would not cost that
much and that the transportation plan is on computer diskette and could be amended in house and maps can be made in house. He relayed what he believed
the Council wanted was some assistance with the planning function and better support for the recommendation for new roads and trails, and maybe some
technical support, from an engineering perspective, to help justify crosswalks or traffic signaling or even Round- a-Bouts and to identify, if justifiable, where
these things should be located and/or at what intersection.
Council comments:
Suggested to go ahead and hire a Consultant at a minimum cost, not to reinvent the wheel, but to compile all the information the City has to come up with a final plan for adoption and to forward to the Department of Transportation.
The Planning Commission is working on the large retail and wholesale store development impact statement and standards and a part of that is the traffic impact analysis (TIA). To do that analysis the Commission needs a better traffic study then 1999 and 2001 reports. Use the consultant to fill in the holes in those two reports..
No pie in the sky idea, the study needs to be something practical, usable and something that the City can put into some kind of fairly immediate action.
Is this the best time to do this, would it be better in a couple of months after the Ordinance and information comes back to the Council regarding the large store issues. This may be important if the City wants to move the State in the same direction as the City.
The Planning Commission needs assistance now, because they are not traffic engineers.
The TIA goes further and further, each time the Commission works on it, into the traffic plan for the entire City.
City Manager suggested that this could be built into the contract that one of the tasks could be to assist the Planning Commission right now to develop their
TIA and then move on to develop the broader transportation plan.
Mayor Cushing advised the Council that the Planning Commission has asked him to appoint Lane Chesley to the Road Standards Committee. Therefore, he
plans to appoint Lane Chesley to the Road Standards Committee, this will be on the November 24th agenda..
COMMITTEE REPORT
A. Town Center Development Committee
Councilmember Beck reported briefly on the October 23rd meeting, another formative meeting. She reiterated her encouragement to everyone to change
their thought processes from Town Square to Town Center. The reason is to change the concept that this is not a City block, but a large piece of the Central
Business District. She expressed her feeling that the Committee should have more to report next month.
B. Beach Policy Committee Synopsis of September 30, 2003.
Mayor Cushing inquired if there were any funds for the requested brochure.
The City Manager and/or Public Works Director will ascertain if the Coastal Impact Assistance granted monies may be used for the brochures or if the grant
may be amended so that these monies may be used for the brochures as part of the beach use education program.
PENDING BUSINESS
NEW BUSINESS
A. Memorandum 03-184, from City Manager, Re: Consortium Library/Discussion.
Memorandum 03-185, correction to Memorandum 03-184, no action required.
Recommendation:
That the Council articulate its position as soon as is feasible and prudent. I believe that the position of the Friends of the Library, the Capital Campaign
Committee, and the Library Building Committee is that the City should move forward with the construction of a new Homer Public Library. I believe that
these groups are supportive of improving cooperation and the sharing of resources with the university library; in other words, working on an agreement that
is short of a consortium. I also think that they would be open to discussing the consortium idea after the library is built if the University is able to provide
some capital resources and/or provide a more significant contribution to maintenance and operations. I recommend that the Council reaffirm the direction it
is already on by adopting the position recommended in the position paper discussed above
BECK/FENSKE - MOVED FOR THE APPROVAL OF THE RECOMMENDATIONS OF MEMORANDUM 03-184 (as corrected)
Comments:
On the testimony received. The affirmation from Carol Swartz regarding the support of the Library Project and willingness and desire to cooperate.
The train has already left the station.
Allow the Library capital fund raising to continue and take its course.
There already is a lot of good will between the City, the Library entities and the Kachemak Bay Campus.
Presumption that the good will, will continue whether or not the "consortium library" is a part of this project or not.
The Comprehensive Plan includes the concept and issues addressing consortium library.
The timing for a consortium library seems to be off.
There is not a desire to negate the concept of a consortium library; however, this is a business agreement that requires very specific obligations.
Right now the capital campaign and funding raising is moving along.
The specifics of a consortium library, the requests by the City of the University for maintenance and operations have not been identified.
There is concurrence that the library is to be accessible and available to all students and staff.
There is a desire to share and support needs that the university presently has with their lack of having a library facility of any real size.
The City has supported the University's efforts for funding and bonding for the Kachemak Bay Campus and expansion.
The City has a long standing relationship of support for the University.
The City sees the University as important, as industry, as serving the needs of young people and older people.
This is not an attempt to not work with the University.
There is desire to share resources and programming.
The open door policy at the University is appreciated.
Mayor Cushing thanked the community for coming together and noted that this enables the ability to lobby on both entities' behalf.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Consent Agenda Item M. Memorandum 03-183, from Finance, Re: William J. Tener, DBA,South Central Radar, Lease. Lot 88-1 Homer Spit
Subdivision #2. Fiscal Note: Lease rate is $6,960.00 plus tax, per year. Amended. Recommend approval.
Memorandum 03-187, from Port/Harbor Commission and Director, Supporting the Tener Lease.
STARK/BECK - MOVED FOR THE APPROVAL OF MEMORANDUM 03-183.
Discussion points.
Regarding the As Built Survey, last line of 6.04, to include underground utilities and pipe lines. It was pointed out that As Built Surveys generally do not include this information. This statement should be reviewed as to whether or not it should be included in future leases.
It was noted that the Port/Harbor Commission has reviewed this lease and lease location and is in support of both. Memorandum 03-187.
There was objection to the lease being lent without going out to Request for Proposals/Bid process. There was question as to what the rationale is? Why the lease policy is being violated? If it is just because the Council wants this business.
There was concern regarding the parking spaces. Parking the issue was addressed. Development plan shows the parking. There is also the City owned parking lot.
The Development Plan is not being approved tonight.
There was comment regarding the heating fuel tank being contained inside a locked building, copper line used etcetera to prevent a spill occurrence. This needs to be a current practice.
Council addressed this at the October 13th meeting. Originally the lease was proposed for Lot 11. The Port/Harbor Director and Commission recommended Lot 88-1.
The City wants to replat lots 9, 10 and 11. Through access is an issue.
The City has been remiss in not figuring out the long term leases.
Bill Tener, present, affirmed that he is in favor of this lease on Lot 88-1.
Mayor Cushing voiced his opinion that Mr. Tener's business is vital to the thousand boats in the harbor, no doubt about it. He stated that he wants in the
record, that if three to five years from now the business is to change hands or be reassigned that the Council, at that point and time, be very aware that it
remain this vital business to the harbor and that something not be put in that is not crucial to the harbor. He expressed his thought that it is sort of clearly
spelled out in the lease, but that it is important for this Council to send the message on to future Council their intent.
The Lease Policy Manual was discussed, its need for revision, the existing inconsistencies, language that was convoluted and conflicting. The City Manager
was asked to come back to the Council with proposed revision. There was a transition in Managers and this policy has not come back to the Council.
In the mean time there were leases needing to be addressed and the City did not have a complete and revised manual. This same predicament exists now.
As asked by the Mayor, City Manager Wrede reiterated the action plan discussed/stated from last meeting:
That the Tener, long term, Lease would come to the Council at this meeting on lot 88-1.
The City would apologize to the other lessees for not doing what the City said it was going to do and ask them if they could accept another short term lease while the Lease Policy is being revised.
The broader planning process would be done for the land around the Fish Dock, generally, and that this would involve the Port/Harbor Commission. The recommendation would be back to the Council on the highest and best uses for the property in this area.
In conclusion, the City Manager stated that there would be a new Lease Policy and sort of a plan for how the City wants to lease and for the types of uses
the City wants preferred for these areas.
Discussion ensued.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
RESOLUTIONS
None scheduled.
COMMENTS OF THE AUDIENCE
Comments of the audience upon any matter.
Nancy Lord thanked the Council for their action regarding the Library. She clarified, for those who may be listening, what it was that the Council did
tonight - adopted the City Manager's recommendation, reaffirming the direction the City is already on for a public library. That Homer will be best served
with a community library. There are many ways that the Library and Community College can cooperate for mutual benefits outside of the consortium library
and that they hope to continue, what has been to date, a positive relationship. A public library will be built, not a shared facility. She thanked the Council for
their ongoing support. She reported a community fund drive was just completed that brought in another, almost one hundred thousand dollars from the
community. $4.4 million needs to be raised. December 8th the Architects will be back for a public meeting with conceptual designs.
Councilmember Stark inquired about a donation of fifty thousand dollars.
Ms. Lord affirmed that there was a single anonymous donation of fifty thousand dollars.
Robert Keys commented that he and his wife own property that borders on the Town Center Property, have a tourist oriented business and have two to three
hundred tourists that stay with them for different periods of time during the summer months. He relayed that a good many of their guests have commented
about the beauty of the Town Center area and that they say that Homer has something in the middle of town that no other town has that they've lived in or
seen before. He shared his and his wife's concerns when they saw a bunch of the trees coming down and expressed thanks that there are a few left. He
emphasized that it would be a shame to let this beautiful area be ruined by box stores or anything else. He voiced appreciation to Council's foresight to try to
see that this does not happen and that this area is there for the use of all the people in town.. He suggested that at least part of the area be developed into a
park He relayed his experience with a park in Boise, Idaho and suggested that a couple of the Council go see that park to get some ideas. A picnic area, a
town area, with a band stand and room for performances for Homer kids, would be great, adding that there is a lot of talent in Homer. He commented on
having quit smoking thirty years ago, that he was a three pack a day smoker and quit for health reasons. He stated that he would have stood and fought
anyone who said that he could not smoke where ever he wanted to and does not like people legislating smoking. He stated that he is against the smoking ban
ordinance scheduled for introduction at the next Council meeting. He said that he thought it was fine if a merchant did not want smoking in his place of
business, regardless of what kind of place it its, adding that he and his wife do not allow smoking at their tourist business. He did not agree that merchants
should be forced to ban smoking. He thanked the Council.
Angie Newby, as a member of the Library Advisory Board Capital Campaign Committee, thanked the Council for their action this evening. She noted that
the Committee is on a very focused mission and want to keep on that track and not cause confusion in the community. The community realizes that funds
need to be raised to have the Library come to fruition. She congratulated Dennis Novak in his first meeting as a Councilmember. She voiced her opinion that
this was probably one of the shortest meetings on record, commended the Council for getting through the entire agenda without a break and that the Council
accomplished a lot. She thanked the Council.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans was not present.
COMMENTS OF THE CITY CLERK
City Clerk Calhoun thanked all the underage voters who voted in the City Election. She noted that their names will appear in the Homer Tribune and Homer
News this week.
COMMENTS OF THE CITY MANAGER
City Manager Wrede had no comment.
COMMENTS OF THE MAYOR
Mayor Cushing stated that he would interject comments during the Council's comments.
COMMENTS OF THE CITY COUNCIL
Councilmember Stark stated that he would be attending the Resource Development Council Conference in Anchorage on November 20th and 21st.
Councilmember Fenske displayed a picture of the housing facility that he had been faxed from the Kenai Peninsula Housing Initiative. He reminded the
Council that the City had donated property for an assisted living unit to house part of the homeless community. The project estimate is now at $1.7 million.
Councilmember Yourkowski welcomed Dennis Novak, congratulated him, stated that it was nice to have him on board and thanked him for taking the time
to run for office.
Councilmember Ladd asked that the Planning Commission keep on the burner the Steep Slope Development, noting that there are some proposed
developments for this community that are encroaching on the slopes and the standards need to be in place before that occurs. He commented on the budget
and that there are a number of issues and concerns to deal with as a City. He advised that the budget had no new equipment, no new personnel, no money for
non profits and the depreciation for the reserve accounts and fleet reserves has dropped drastically. He pointed out that the reserve accounts are monies used
to fix roofs, walls at the library, which was done one time. Mr. Ladd stated that the City is open to any suggestions from the public in terms of revenue
generating ideas other than increasing taxes. He voiced concern regarding the vandalism the last several weeks, which is a disgrace, a reflection on Homer as
a total and not a reflection of the youth in this community who are ninety to ninety five percent real good kids and not part of this. He noted that these
activities are destructive and causing young folks who graduated ten years ago to fork out dollars out of their pockets to rebuild vehicle fleets. Mr. Ladd
emphasized that this is not fair to local businesses, that there are the issues of Ben Walters Park and crowds in that area chasing business away from
McDonald's. He voiced his belief that it is not the City's responsibility to regulate or add more regulations since most of the folks are law abiding. He
exhorted the community to work together to keep Homer the way we want it and to deal with those who are abusing other's rights.
Dennis Novak thanked Carol Swartz, Nancy Lord and rest of the Library crew for doing their part for this community in developing the university and the
library. He stated that he wants to look toward the Town Center Committee, which has a new vision for Homer. He encouraged everyone to not loose sight
of a vision for Homer that goes beyond today. He stated that they will try to keep the meetings short.
Mayor Cushing advised that Senator Wilson's Office has sent a letter asking for support of a Bill they have proposed about mandatory formation of
boroughs. The Mayor stated that he tends to stand down on that unless the Council desires the City to make a statement.
Councilmember Beck welcomed Dennis Novak, adding that it is really nice for she and Councilmember Stark to get out of that spot of being the new kids on
the block, and thanked him for taking over that task. She reflected on the whole potential controversy between the library and the university, that it was so
refreshing to not have a community and agencies polarized. She stated that she takes her hat off to Homer, adding that it was impressive. She underscored
the fact that the budget does look bleak, that the Finance Officer and City Manager have managed to balance the budget, pointing out that there are some
prices to pay if the Council accepts that budget, without taking a hard look at finding new revenue resources. She stated that there is some really hard work
to do and that community support and ideas would be invaluable.
Councilmember Stark, in response to the Mayor's question, stated that he is a big believer in the formation of boroughs as recommended by the Local
Boundary Commission after their extensive study. He advised that he has followed the history of boroughs in Alaska since their formation on January 1,
1964, the Mandatory Borough Act fathered by Senator John Rader, who is still a live and well and living on Sand Lake in Anchorage.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 9:13 p.m. The next Regular Meeting is scheduled for Monday,
November 24, 2003 at 7 p.m. The next Committee of the Whole is scheduled for Monday, November 24, 2003 at 4 p.m. A Budget Worksession is scheduled
for Monday, November 17, 2003 at 5 p.m. and a Special Meeting on Monday November 17, 2003 at 7 p.m. if approved by the Council. The meetings are
scheduled to be held in the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska. All meetings scheduled to be held in the
Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.
______________________________________
MARY L. CALHOUN, CMC, CITY CLERK
Approved: _____________________
1. The system 5 dock is the tender float at Ramp 7, just inside the entrance of the harbor on the northeast side of the harbor basin. It was extended by 250 feet as part of the TORA (Small Boat Harbor Repairs and Renovation) project.(Clarification provided by Port/Harbor Director Abbott.)
2. Roanoke Island and Tiglax both have their own 480V/3-phase power pedestals, which were installed by the U.S. Government and are not available for other boats to use.(Clarification provided by Port/Harbor Director Abbott.)
3. The cost of installing just one 480V/3-phase pedestal on System 5 float, with two electrical plug-ins, would range from $20,000 to $100,000 - with the higher side of this range associated with the requirement of a new transformer on the uplands if the existing transformer could not handle the additional load. The electrical cable that runs down Ramp 7 for Tiglax and Roanoke Island electrical service, could not handle more current, therefore new cabling would be necessary for any new 480/3-ph. installation, plus possibly a new transformer. (Clarification provided by Port/Harbor Director Abbott.)