Session 00-18, a Regular Meeting of the Homer City Council was called to order at 7:33 p.m. by Mayor Cushing at the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.
A worksession was held from 6:09 p.m. to 7:15 p.m. Re: Non profits, grants, Homer Foundation and criteria.
PRESENT: COUNCILMEMBERS: CUE, FENSKE, KRANICH, MARQUARDT, WELLES, YOURKOWSKI.
STAFF: CITY MANAGER DRATHMAN
CITY CLERK MARY CALHOUN
LIBRARY DIRECTOR HELM
POLICE OFFICER BUCHANAN
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 addition of Memorandum 00-55 to the Consent Agenda and Public Comment Letters regarding Resolution 00-89. Resolution 00-87 was deleted from the Agenda and is noted under the Consent Agenda.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Chris Newby commented about Resolution 00-89, establishing a local improvement district for erosion control on a portion of the Ocean Drive Bluff. This is severely eroding and a group of neighbors got together to explore different solutions to solve the problem. They came to the City with hope the City will enact some type of project to solve the problem. In the past individual property owners have expended a great deal of money trying to solve the erosion situation with rock and gabions and etcetera with some more and some less successful results. Mr. Newby emphasized that a long term fix is needed. He expressed his opinion that this will be a fairly expensive project. He relayed that he has talked with a number of agencies such as Rural Development and suggested some possible funding sources: Corp of Engineers, Rural Development with the Federal Government, state money, and the Department of Community and Economic Development. He commented that there may be a funding source that he is not aware of in the City that could be tied into this project. Mr. Newby stated that the bottom line is that they do need a comprehensive fix, individual fixes work for a while, a fix is needed that will work and not fail and something needs to be done now. He urged the Council to approve this project this fall so that they can get some kind of construction effort next year. He passed around to the Council a set of photos showing the severity of the erosion and that there is a accelerated erosion taking place. Another issue that goes along with the erosion problem is the need for the neighborhood to get connected to the City sewer. Many have on site wastewater septic systems and dump over the bluff, which exacerbates the erosion problem. This will be addressed through a separate assessment district or maybe as a part of the erosion improvement. Mr. Newby stated that they are a small group of neighbors that all would agree need something done, although they may not agree on the exact solution. He encouraged Council's initiation of this improvement district that would at least get the ball rolling and get a project underway that will solve the problem in the long term.
Roberta Highland thanked Councilmember Kranich for his reconsideration so that the public could have one more chance. She voiced her appreciation of all the work that has gone into this annexation, that she knows this is not an easy job and disagrees whole heartedly with the process up to now. She stated that sometimes American democracy is exhausting, yet thinking about a dictator government makes her come alive and right now she is feeling dictated to. Ms. Highland stated that she understands this is Council's right, but feels it is very wrong and that she has been stone walled like she has never felt in her life. This has been a very interesting experience and the reasons for the annexation have not been clear enough to make her think this process is okay. Ms. Highland stated that she has had no input in a constructive manner. She asked that Council go back and start the process over again and do it in a neighborly manner, in a manner that gets input from all those involved. She emphasized that the way in which things have been done on this annexation are having an adverse effect on lots of people. She expressed her feeling that she is wasting her time again, but came one last time to see if "we" can get to a place to agree that she is listened to and Council is listened to and together come up with an idea instead of being dictated to.
Barbara Peterson commented on Resolution 00-89, adding that she is a combination of the last two speakers. She stated that she is part of this small possible development district and just learned about it last night. She respectfully requested Council's postponement of initiating Resolution 00-89 so that the neighborhood group has an opportunity to talk this through. The erosion process is definitely a problem for Mr. Newby and his neighbors, but it is a different kind of a problem for those living in a different part of the area proposed. She stated that she would feel better if those as a neighborhood group could delineate what the problems are and how they are proposing to come to Council for the LID. She voiced her opinion that two tracks that are tide land are missing from Council's map and not included in this LID and there is no way, in her opinion, that these cannot be involved. She stated that a piece of property that is not part of Oscar Munson Subdivision, is in Thomas Shelford Subdivision is not included in this outlying area in the map. She voiced her lack of understanding of the process to get the ball rolling, see pros and cons, look for grants and all that will be done. She asked that the ball start in the right direction and that she would like all the pieces of property that could be affected in this development district. She stated that she does not know what the process would be to include them later. She further stated that she would like to simplify this by having a two week period for the neighborhood to talk together and learn more about this, share and look forward to where the neighborhood is going before looking to the Council for initiation of this project. She asked, on behalf of herself as a property owner and those that could not be here tonight, for Council to just postpone this to the next meeting.
Larry Goode reported to the Council that the Ocean Drive Loop neighbors did come together as a neighborhood back in May to get this ball rolling. He emphasized that nobody here is trying to say this process is what is needed or not needed. He advised that he is not an engineer, but it appears to him that Ocean Drive Loop has about two years before the road starts "going in". He stated that he wanted to speak, because there were a large number of people that were here tonight to support this LID, that left after Chris Newby spoke, and the City has their signatures on file. (1) He urged the Council to pass the Resolution.
Jim Rinehart thanked Councilmember Kranich for filing a motion for reconsideration of the City's reply brief. He challenged this City Council, once more, that if they want to hear an enormous cheer from the residents of Homer and the surrounding area, to end this annexation thing. He commented that two of the most endearing and enduring cornerstones of freedom loving people are; 1) the right to own and enjoy private property and 2) the right to vote. He asked what happens when an overwhelming majority is denied the vote in what is arguable the most important property rights issue in this area's recent history? What are the people to think of this small group of people sitting in front of them right now representing no view except their own and who have no physical or moral courage to allow a vote on the taxation and use of property for which the people have worked for so long and so hard. He stated that meeting after meeting he has watched the Council sit there wall eyed and uncaring. The public's comments have been gaveled down, taken out of context, ignored and insulted. The public has advised the Council again and again of their unwarranted extension of jurisdiction over them. The public has appealed to the Council's native sense of honor and dignity, but Council has been deaf to the voices of justice. He appealed to the Council, once more, to drive a wooden stake through the heart of this annexation monster, it is evil and it is fetid.
Margret Seelye stated that she is here primarily to congratulate Councilmember Kranich for having the strength of character to call for a reconsideration and to publicly admit that he did not do the right thing when he voted with the majority on Resolution 00-86 at the last meeting. She stated that he has been accused by some of his fellow Councilmember of having ulterior motives and she can only judge by what she has seen and heard. Mr. Kranich is the only member of Council that she heard refer to the Council's obligation to make the annexation petition as good and defensible as possible regardless of any self imposed deadline. He is the only member that voted against submitting the original petition to the Boundary Commission. She stated that Mr. Yourkowski called Mr. Kranich's notice of reconsideration, grandstanding and that it would cause further delay and accomplish nothing. She asked Mr. Yourkowski to tell them why he considers following one's conscience and trying to fairly represent current and future constituents to be nothing more than grand standing. She said that Mr. Yourkowski, since the original petition was filed, has said that he regretted the exclusive process used in the initial action and apparently has chosen not to follow his conscience and has instead rationalized Council's action with righteous statements about wanting to preserve the character of Homer. She commented that somehow Mr. Yourkowski has decided that fracturing the community and making decisions without the support of the majority of his constituents is an acceptable way to achieve that lofty goal. She said that she is appalled to hear from a friend that Mr. Marquardt responded to her criticism of the Council's action on the annexation issue, by saying that annexation opponents are all a bunch of wackos and that he even reiterated that profound opinion when she protested. Ms. Seelye stated that such small minded, immature statements clearly reflect far worse on him than they do on any of the public. She noted that Mr. Welles felt strongly enough about withdrawing the original petition that he drafted a resolution to that effect, but apparently he has since decided that it is more important to show solidarity with those seven people sitting around him than to do what is morally right and best for the community. She emphasized that there is now another opportunity to vote their conscience. She commented that she has always been disgusted and angered by the way the annexation petition was processed and submitted, but not as cynical and discouraged as she is today. She stated that she has been waiting with stubborn optimism for some of the Council that she knows and has worked with to accept responsibility for the misguided way that this whole process has been handled and that her disillusionment at this point is pretty much complete. She queried how many of the Council had been paying attention to the controversy in Anchorage over the School Superintendent's contract, which has many parallels with the situation in Homer. She closed with a quote from an editorial from the Anchorage paper: "All the way around this was a spectacular failure of leadership. The consequences of which will be felt for a long time to come."
Laura Barton commented that she guessed she gets one more chance and thanked Councilmember Kranich very much for the vote of reconsideration and that she really appreciates this. She voiced a hope that some other Councilmembers feel the same way. She voiced her disappointment that Councilmember Marquardt had not given her a call, as he said he would, after he checked into why people had to sign for a copy of the City's draft reply brief. She commented about looking forward to winter when she goes skiing with her dog and that they go to a place where the dog will not bother anyone. She noted that if she becomes a City resident she will have to give up skiing, because she cannot ski with her dog on a leash, that she had tried that in the past and her chiropractor recommended against that method. She does not want to ski without her dog, her skiing companion, because of the safety element if something happens to her it would be harder to find her. She waxed a little poetic:
There once was a scallywag named Homer, in fact this town's named after him. Now there is a fight over annexing, that's tearing this place limb for limb.
She said she would appreciate it if "we" would not do that.
Pete Roberts addressed the reconsideration of the resolution and thanked Councilmember Kranich for bringing up the reconsideration and more so for publicly showing that he has been considering this whole annexation attempt all the way through. He voiced his disappointment that it seems like it has been pretty much a done deal with very little dialog. For this town to be successful people have to feel that things are going well and that they have participated in this process. He asked the Council to reconsider this and put it out for the public. This proposal should be worked through where the real problems are and where services can be delivered, which is really questionable. He stated that everyone knows Homer is going to grow. He asked the Council to really, seriously consider this very divisive issue.
Sallie Dodd Butters thanked Councilmember Kranich for his thoughtful consideration and inner growth over these issues the past few months, knowing it has been rough. She thanked former and perhaps future Mayor Gregoire for bringing this next issue up to her attention about Open Meetings and exparte'. She pointed out that the City Manager's position has some unique rules that Council seems to have strayed from under Title 29 statute 1.20.030, (2) under interference in administration. She read:
No member of the Council shall directly or indirectly.... or to deal with the manager individually and not by the Council as a body. Nothing in this section shall be construed, however, as prohibiting this Council while in open session from fully discussing or suggesting to the manager anything pertaining to City affairs or of the interest of the City.
She stated that the Council has strayed from this in their many meetings with the City Manager upstairs, especially in light of the annexation mess they have created in secret. She voiced her belief that those City folks that were told they did not have grounds for recall may want to try again. She advised that she read in the CIP something she has been following with Swede Carlson, the Bridge Creek water source is limited to 2 MGD and before it reaches this limit a second source of supply must be developed and ready to deliver water to the distribution system. According to Ms. Butters, the report assumes that Fritz Creek, presently being studied as a supply source, will be developed as the second source. She commented that she thinks not, because according to the Vic River's Report from Fairbanks in 1952, when Homer was still a PUD, the report says that Fritz Creek is too sandy, does not have enough water and there is too much habitat that needs the drainage. According to Nelda Calhoun, who was running the books back then, it is in the basement in the vault, in the safe. Ms. Butters stated that she is hereby asking for a copy of that report and the one done of the Korean Feed Lot discussion some years ago with the University land. Lastly, she stated that she is still stunned with Mr. Yourkowski's comment in the news sometime ago that he had compared open government with efficient government and open government lost. She said shame on you. She commented that as far as Mr. Marquardt goes, this is getting very interesting and any sane and intelligent person can ascertain that we who are against this forced annexation are not the wackos here. She asked the Council if they had started to hear the sucking sound in their sleep yet?
Eric Bremicker voiced his belief that this is the greatest town on earth and all of these people in this room are super people. Currently the community is going through some disputes with a lot of words said, with no actual constructive idea. He recommended using a scientific approach and strategies to come up with some constructive ideas regarding the annexation process. Mr. Bremicker said that one of the glaring things he noticed right off was the straight line of the annexation boundary. He emphasized that science should have been used in the creation of this annexation territory and that ecology, watersheds, social science, demographics and all kinds of physiology, geography, biology, plant zones and hydrology of the area should have been considered, which would have been more feasible. He commented about the Spit, the greatest resource, and the changes that have occurred and are occurring there. He suggested that Council get some technical advice in a field that the consultant specializes in, this consultant should be hired to do studies and research about the annexation areas with regard to the aspects he mentioned. He touched on the political sense of the spit and annexation. He voiced his belief that people with degrees are not necessarily needed to do these analogies. He urged the Council to be positive and actually actively recruit people to write these reports and that the people would feel responsible and would give the Council tremendous amounts of data. This would also make other members of the community feel they were involved and would add some real knowledge to the process.
Pamela Brodie commented on the reconsideration of Resolution 00-86, adding that she has been observing and involved with controversial political issues for several decades now. She voiced her opinion that, with rare exceptions, people do what they think is right and election officials do what they think is right, even if she disagrees with them. She stated that she believes the Council is doing what they think is right and does not doubt that their pursuit of the annexation petition is something that they think is right for Homer and does not expect the majority of them to change their opinions tonight. Nevertheless, she spoke in favor of reconsideration, because she does think that if people want to change their votes or present some new idea they should be allowed to do so. She commented that all of the Council might find themselves in that position sometime in the future, find themselves in the minority and might want to have the Council let them go through reconsideration even if the final outcome is no different. She asked the Council to allow for reconsideration for that reason, as a courtesy and because it is a good process to have.
RECONSIDERATION
A. Memorandum 00-50, from City Clerk, Re: Reconsideration of Resolution 00-86(A).
Councilmember Kranich stated that he voted on the prevailing side.
KRANICH/WELLES - MOVED FOR RECONSIDERATION OF RESOLUTION 00-86(A)
Mr. Kranich elucidated his reason for reconsideration mostly being that of dissatisfaction.
The Mayor allowed the replaying of Councilmember Kranich's vote on Resolution 00-86(A) at the Special Meeting of August 31st via electronic audio recording.
There was a general discussion regarding reconsideration.
VOTE: YES: WELLES, MARQUARDT, KRANICH.
NO: FENSKE, YOURKOWSKI, CUE.
TIE VOTE: MAYOR: YES
Motion carried.
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 August 28, 2000. Recommend approval.
B. Homer City Council special meeting unapproved minutes of August 31, 2000. Recommend approval.
C. Resolution 00-87, Of the City Council of Homer, Alaska Awarding the Bid for One End Dump Cab, Chassis and Hoist Package to the Firm of ________________ of_____________ in the Amount of $_______________ and Authorizing the City Manager to Execute the Appropriate Documents. PWD. City Manager. City Clerk. Recommend adoption. A substitute will be presented as soon as possible. The bid opening is Thursday, September 7, 2000.
Memorandum from Public Works as backup.
D. Memorandum 00-51, from City Clerk, Re: Appointment and Confirmation of Election Judges and Workers for the City Election. Fiscal Note: Budgeted Acct: 100.5210.101, approx. expenditure $1,449.75. Recommend confirmation.
E. Memorandum 00-52, from City Clerk, Re: Budget Schedule. Recommend approval.
F. Memorandum 00-53, from City Clerk, Re: Mayor's Travel Authorization. Fiscal Note: Budgeted Accts: 100.5236 & 5237.100, approx. expenditure $424.50 for Mayor's Conference in Kodiak. Recommend approval.
G. Ordinance 00-29, Of the City Council of Homer, Alaska, Accepting and Appropriating a Grant of $8,346 for Spill Response Equipment from the Alaska Department of Environmental Conservation and Authorizing the City Manager to Execute the Appropriate Documents including the Memorandum of Agreement. Fiscal Note: Revenue/Expenditure Acct: 415.911 of $8,346. Port/Harbor. City Manager. Recommend adoption for first reading and introduction, setting public hearing date for September 25, 2000.
Memorandum from Port/Harbor as backup.
H. Memorandum 00-54, from Mayor, Re: Water and Sewer Standards Committee Alternate Bill Smith as full member. Recommend confirmation.
I. Ordinance 00-30, Of the City Council of Homer, Alaska Appropriating $14,000.00 for an Engineering Technician Position from the Fund Balance. Fiscal Note: from Fund Balance to Acct: 100.5101-5105.170 of $14,000. Mayor and Council. Recommend adoption for first reading and introduction, setting public hearing date of September 25, 2000.
J. If added: Memorandum 00-55, from City Clerk, Re: Liquor License Transfer for the Beverage Dispensary Tourism License and duplicate and Restaurant Designation Permits for the Best Western Bidarka Inn. Recommend approval and non objection.
WELLES/CUE - MOVED FOR THE ADOPTION OF THE RECOMMENDATIONS OF THE CONSENT AGENDA.
WELLES/CUE - MOVED TO ADD ORDINANCE 00-26 THOROUGH 00-28 AND RESOLUTION 00-88 TO THE CONSENT AGENDA.
ORDINANCE 00-26 THROUGH 00-28 WAS DELETED FROM THE MOTION DUE TO PUBLIC HEARING AND SECOND AND FINAL READING.
VOTE:(Reso 00-88 on Consent Agenda) YES: KRANICH, CUE, FENSKE, WELLES, YOURKOWSKI, MARQUARDT.
Motion carried.
Mayor Cushing advised that on page 24 of the Special Meeting Minutes that he was apologizing for what an attorney had said regarding "foreign element".
VOTE: (Consent Agenda as amended.) YES: CUE, FENSKE, WELLES, YOURKOWSKI, MARQUARDT, KRANICH.
VISITORS
A. Cook Inlet Keeper, Re: Woodward Creek Watershed.
Bob Shavelson, Executive Director of Cook Inlet Keeper a small non profit group, advised that they have been involved in a process of getting folks together around Woodward Creek. This is one of the last urban creeks in town and over the past couple of years the phone calls have increased regarding concerns of the impacts to this creek. For various reasons the creek is buried for a substantial part of the town and so people don't get to appreciate some of its qualities. Throughout the United States people have found that green areas and other protected areas for riparian uses add to the quality of life and increase property values. Woodward Creek Association has been formed and Cook Inlet Intern, Wendy Kroll facilitated these meetings. This is up to the citizens of the area if this continues. The next meeting is September 18th at the Pratt Museum regarding the creek clean up. He brought up another issue separate from the Woodward Creek Association, which are concerns about some development in Woodward Canyon. With the Mayor's permission he displayed a photo blow up of the development above the creek on the bluff. If one did not see the spruce trees in the background it appears to be a strip mine in South America, which is what some thought who saw the photo. This development is just above Karen Hornaday Hillside Park. He emphasized that he is not here to single out the property owner, adding that he is in discussions with them to try to remediate what he feels is not only dangerous, but environmentally damaging. With regard to property rights, these are sacred and he agrees that one should have the right to do whatever one wants to on ones own property. That right does not extend to threatening public resources including Karen Hornaday Hillside Park and Woodward Creek surrounding this development. There is a high probability that this project will fail according to those who do dirt work and due to no opportunity for vegetation growth. This raises the implications of physical danger to folks and environmental damage to Woodward Creek. He advised that someone called and said that after this weekend's rains a forty foot fissure had opened up on the road and appeared that it was going to slough off. This is an example of development that is going to become more and more frequent as the population grows and people are going to go to the more marginal lots around the area, particularly the bluff area. He reported that when this issue was brought to the Planning Department one of the things that came up was that this is not a subdivision, it is a private residence, and therefore the subdivision standards and road ordinance would not apply to it. He asked the City Council and Planning Commission to carefully look at this type of development, particularly so close to town, and look into applying subdivision and road standards to individual standards to prevent this type of piece meal development that he believes is not good for the long term health of the community.
Council asked some questions. A comment was made that the EPA and DEC could get involved.
City Manager Drathman advised that this has been reviewed by the City and there is nothing the City can do about this development.
ANNOUNCEMENTS/ PRESENTATIONS/ BOROUGH REPORT/ COMMISSION REPORTS
A. Mayoral Proclamation, National (Homer) Emblem Club Week, September 17-23, 2000.
PUBLIC HEARING(S)
A. CIP 2001-2006 and 2002 Legislative Request and Governor's Matching Grant.
Nancy Lord, as member of the Library Advisory Board, asked the Council to make the new library top priority as a Legislative Request and the Governor's Matching Grant this year. $350,000 currently exists for this project as well as the value of the existing building and land. She voiced her concern and understanding that over $100,000 will lapse if unspent within another year. Reappropriations of unspent monies may be lost. She urged the Council to move forward with the Library Project this year. She voiced support of the City Manager's idea of creating a land bank for the City and getting some of the City property back on the tax rolls and using those monies for capital projects or other needs such as identifying parcels that would be good for a new Library, a new Animal Shelter, pocket parks and other things that would serve the City. The Library Advisory Board wants to work with the City to identify the best site for the new library.
Steve Shank, President of the Friends of the Homer Library, requested that the City Council really, really this time make the Library the top priority and not one of the top priorities, because of the money issues. There are a few other issues such as 6,500 active card holders who make 93,000 trips every year to the library, and these are mostly locals and these are just the people that check out books. There are a lot more patrons that just drop by and read the newspaper or do something else while they are at the library, because it is a very popular place. The library may be more popular than some of the parks. He asked the Council to take this into consideration. The people that do have a library card on the average use the library 90% more than the national average, which is very good for Homer. He advised that he just noticed that when a few people complain the Council really responds. One of the things he voiced dissatisfaction on with the City's expansion effort was the statement that the Library is adequate, when in the City's own study it states that the library does not meet the ADA requirements.
Matt Beaumont Gay, Library Advisory Board Student, spoke in favor of placing the Library high on the CIP list for this planning period. The current library is too small, crowded and there simply is not enough room for more materials, programs or volunteers. Reading areas are inadequate for all age groups. The library staff is over worked and do not have enough space. There is no space for new technology. Many of the High School Students do not use the library, because they consider places that are more accessible and more conducive to studying. With the size of the City increasing a new larger facility is needed now more than ever. He urged the Council to support these endeavors.
Mindy Parks, Library Advisory Board, voiced her support for the creation of a new library. The current library is bursting at the seams. She reiterated comments by Mr. Shank and Mr. Gay. When story hour is going on the older patrons cannot find a quiet spot to read. More volunteers are needed yet there is no space for the volunteers. The staff space is limited. She said that she understands that all the projects on the CIP list are important and can accept the Water Reservoir being number one. She asked for Council to place the Library as number two and that she looks forward to future discussions with the Council and the Library Advisory Board.
Dan Coyle, Library Advisory Board, stated that everything the Council has heard tonight is true. He suggested that the best way for the Council to experience the space needs is to go to the library themselves. He encouraged the Council to come to the library on Wednesdays at 10 a.m for story hour. He recommended Council seeing for themselves 300 people a day in the library. Mr. Coyle commented that the town is judged by the way it treats its children regarding things like education. Both of these things can be improved in Homer by addressing the needs of the library.
Cris Rideout stated that he considers the library essential educational and recreational service and will continue to support the library and the efforts to improve the library.
Sheri Bess, Director of the Homer Animal Shelter, thanked the Mayor, Council and City Manager for the quick response regarding the repairs to the shelter and winterization. She noted the importance of having a new animal shelter and provided information regarding a HoundQuarter's facility. Ms. Bess provided project information as noted in the hand out: HoundQuarter's building 60X104 feet or 6,240 square feet fob Tempe, Arizona $187,200; freight to Homer $15,000; Site preparation $20,000; foundation slab $36,000; plumbing rough in $23,000; radiant heat $30,000; building assembly $20,000; eclectic rough in $35,000 which totals $366,000. Ventilation system because humans should not breath animal air and it is needed for cats and animals with respiratory problems, $25,000; epoxy concrete coating $5,000; bathroom $3,000 for a total of $33,000. Labor, materials for framing, drywall and painting all interior walls, doors $17,200 and plumbing trim $8,000 for a total of $25,200. The grand total is $424,200. This facility is easy to clean and maintain. She urged the Council to make the Animal Shelter the governor's matching grant project for $102,000 and the match from the of $31,000, then by next year there would be $332,000 for the Animal Shelter. This would bring the City so close to having a new Animal Shelter that is new, although not enough to complete the building it would be enough to move into it and use it. She offered her services and the volunteers services for research or anything else that the Council needs from them to make this become a reality.
Leslie Hoffmeister spoke on behalf of the Animal Shelter and asked the Council to make that a priority. She stated that she is a strong supporter of the library, has a library card and uses the library and feels that it is a very important asset to this community. She stated that she also feels that the Animal Shelter, at this time, is in more dire need and that there are actual lives of creatures that are being designated toward death due to lack of an adequate facility. She asked for Council to put the Animal Shelter as top priority, this needs to be done now and cannot go much further. She commented on the statement that people judge a community by how it treats its children. Ms. Hoffmeister emphasized that she also believes it is how the community treats any life form. She stated that she cannot think of a better educational tool than to take these kids to the animal shelter and show them in a positive way how important animals are for mental health, enjoyment and pleasure and also what goes on in a negative way on how animals are treated.
Peggy Pittman reiterated the offer of assistance made by Sheri Bess. She asked the Council to consider the Animal Shelter, as she believes they are, and as can been seen in that the reality of a new shelter is getting really close. She noted that Ms. Bess was asked to gather information to show that this project is close, which she did. She concluded that she believes this project is going to happen
Kathy Franz thanked the Mayor, City Manager and City Council for their on going support and designating funding for a new Animal Shelter. She respectfully requested that the Council approve the Animal Shelter for the full Governor's Matching grant. This added money will get this project well on its way. She stated that she knows a new library is needed and that she too loves the library, but feels that at least there is a current library that is safe for the citizens to use. The current Animal Shelter is unsafe for citizens and pets. She urged the Council to expedite this project.
Bob Keyes stated that he supports the dog pound financially, donation wise and every other way he can. He stated that he would like to see, in Homer, a little more effort by the Police Department to enforce laws concerning cruelty to animals and by that he means loose dogs in the back of pickups. He stated that he would like to see some tickets given out to people that do that and possibly the money from the fines could be dedicated to the building fund at the dog pound.
Linda Lego, volunteer for Homer Animal Friends, commented that so often during these difficult periods when requesting money these very worthy groups are pitted against each other. There seems to be a perception that it is us against them and in reality the Homer Animal Friends works with the library. They have made their books available to Homer Animal Friends as an educational venue. She suggested that the Animal Shelter get the whole enchilada, because it is so close to being completely finished. While the Animal Shelter is grateful for every dime, at some point diminished returns are met when the funding pot is split and it takes longer for the entities to achieve stated goals. She stated this is why the Animal Shelter needs the entirety of the grant, but they are very grateful for whatever the Council gives and for their support.
Peg Price, volunteer at the Shelter and member of Homer Animal Friends, thanked Council for their support and for considering giving the Animal Shelter the whole enchilada for the Governor's Grant for next year. This money gets this project almost there. She thanked the Council.
Carol Charat stated that she has a library card and uses the library. She voiced her opinion that the library services are nice, but would like to see the entirety of the grant go to the Animal Shelter. It is crucial for the animals and the people.
Shirley Steenhout voiced her amazement at the smallness of the library and that often it is so full of people that it makes it difficult to enjoy the library. She stated that she has a dog and keeps good care of it. She emphasized the need of the library for unemployed individuals and for the quality of life. Homer is a college community and has high school students and grade schools and yet has a very little library. She stated that she does not pretend to understand about annexation, but that one thing that serves all people at all levels of life is the library. She encouraged the Council to allow citizens to do a great deal more in raising funds to fund these things and to use some creative financing. She asked the Council to make available City property that they already have to these fund raisers, adding that she has seen really small communities raise phenomenal amounts of money for libraries and Animal Shelters. She suggested that this is as important as raising taxes and grants.
Pat Boone, Homer Animal Friends and Animal Shelter Volunteer, asked the Council to please make the Animal Shelter the number one this time, that this is almost there, and when it is done the Council won't see them any more.
Loretta Ulmschneider thanked the Council for listening. She voiced support of giving the full Governor's Grant to the Homer Animal Shelter and reported that she lost a cat to a roaming dog when she first moved here. Having a new Animal Shelter might help Homer Animal Friends go back to its main mission of the spay/neuter program. She stated that she loves the library, but feels that it can deal with a little elbow rubbing and that she can still get the books she needs there. She asked for support to get the Animal Shelter over the hump so that something can be built that will really meet the needs of the City as it is now and when thinking about expanding it is needed even more.
Mayor Cushing called for a recess at 9:32 p.m., reconvening the meeting at 9:46 p.m.
B. Ordinance 00-26, Of the City Council of Homer, Alaska Accepting and Appropriating the FY 01 State Revenue Sharing Payment in the Amount of $57,039.00. Mayor. Finance. City Clerk. (First Reading 08/28/00, Public Hearing 09/11/00, Second Reading 09/11/00.)
There was no public testimony.
C. Ordinance 00-27, Of the City Council of Homer, Alaska Authorizing the Homer Police Department Participation in the Tobacco Enforcement Program, Appropriating $5,000.00 from the State of Alaska for this Program and Authorizing the City Manager to Execute the Appropriate Documents. HPD. City Manager. City Clerk.(First Reading 08/28/00, Public Hearing 09/11/00, Second Reading 09/11/00.)
Bob Keyes inquired why the City of Homer has to appropriate $5,000 for the police to do their job that they are already supposed to be doing. Enforcing cigarette smoking for the school kids.
Mayor Cushing stated that this ordinance satisfies a technicality for accepting and appropriating the money given to the police by the state. It further provides public notice of the receipt of use of grants.
D. Ordinance 00-28, Of the City Council of Homer, Alaska Accepting and Appropriating an USDA Grant for Kachemak Nordic Ski Club and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Admin. Asst. (First Reading 08/28/00, Public Hearing 09/11/00, Second Reading 09/11/00.)
There was no public testimony.
ORDINANCE(S)
A. Ordinance 00-26, Of the City Council of Homer, Alaska Accepting and Appropriating the FY 01 State Revenue Sharing Payment in the Amount of $57,039.00. Fiscal Note: Acct: 100.4501.030, Revenue Sharing - $57,039.00; Pass through money to the following Acct: of $1,277 each: 100.5805.300, Kachemak Bay Family Planning; 100.5806.300, Council on Alcoholism; 100.5808.300, South Peninsula Women's Services; 100.5811.300, Homer Friendship Center; and 100.5814.300, Homer Senior Center. Mayor. Finance. City Clerk. (First Reading 08/28/00, Public Hearing 09/11/00, Second Reading 09/11/00.)
WELLES/CUE - MOVED FOR THE ADOPTION OF ORDINANCE 00-26 BY READING OF TITLE.
VOTE: YES: MARQUARDT, KRANICH, CUE, FENSKE, WELLES, YOURKOWSKI.
Motion carried.
B. Ordinance 00-27, Of the City Council of Homer, Alaska Authorizing the Homer Police Department Participation in the Tobacco Enforcement Program, Appropriating $5,000.00 from the State of Alaska for this Program and Authorizing the City Manager to Execute the Appropriate Documents. Fiscal Note: Revenue and Expenditure Acct: 151.725. HPD. City Manager. City Clerk.(First Reading 08/28/00, Public Hearing 09/11/00, Second Reading 09/11/00.)
FENSKE/YOURKOWSKI - MOVED FOR THE APPROVAL OF THE RECOMMENDATIONS OF ORDINANCE 00-27 BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.
VOTE: YES: YOURKOWSKI, MARQUARDT, KRANICH, CUE, FENSKE, WELLES.
Motion carried.
C. Ordinance 00-28, Of the City Council of Homer, Alaska Accepting and Appropriating an USDA Grant for Kachemak Nordic Ski Club and Authorizing the City Manager to Execute the Appropriate Documents. Fiscal Note: Revenue and Expenditure, pass through money Acct: 151.737. City Manager. Admin. Asst. (First Reading 08/28/00, Public Hearing 09/11/00, Second Reading 09/11/00.)
MARQUARDT/WELLES - MOVED FOR THE ADOPTION OF ORDINANCE 00-28.
Council lauded the Kachemak Nordic Ski club and all the great things they do for the community. This grant will purchase a snow machine for grooming trails. Herein is another example of the importance of the City of Homer as the municipal entity to meet the eligibility requirement for pass through administrative services for non profit grants.
VOTE: YES: WELLES, YOURKOWSKI, MARQUARDT, KRANICH, CUE, FENSKE.
Motion carried.
CITY MANAGER' S REPORT
A. City Manager's Report.(Ice Crane Time, Sale of the CHELSEA, Annual moorage payments for harbor slips.)
B. Bid Report, from City Clerk
City Manager Drathman asked if the Council had any problems with providing the Cook Inlet Seiners and Drift netters an extension on moorage payments. These individuals will be required to file a copy of their permit and request by October 1st and penalty and interest will be waived at the time of payment by December 1st.
There were no objections.
Councilmember Welles inquired about the shut down date for the Ice House for maintenance.
City Manager Drathman stated that no date has been set.
COMMITTEE REPORT
The Water and Sewer Standards Committee meets Thursday from 7 to 9 p.m.
PENDING BUSINESS
NEW BUSINESS
RESOLUTIONS
A. Resolution 00-86(A), Of the City Council of Homer, Alaska Forwarding the City's Reply Brief to the Local Boundary Commission without Amendment to the City's Annexation Petition. Yourkowski. Fenske.
Reconsideration passed Main motion is on the floor with the amendment on the reply brief.
Councilmember Kranich read off a list of items he would like to see amended in the brief.
There was a general discussion.
Mayor Cushing called for a break at 10:13 p.m. to facilitate the formation of an amendment. He reconvened the meeting at 11:10 p.m.
Each proposed amendment was reviewed by the Council before making a motion to ascertain objections:
Page 20 # 2 last sentence delete "complained loudly and often" and replace with "often stated her opposition".
Page 25 2nd paragraph last word delete "absurd" replace with "not true".
Page 30 4th paragraph last sentence strike the last sentence insert "disregarding the possibilities for additional uses for the lake would not be conducive to long range planning".
Page 31 E. Griswold #1 1st paragraph last sentence would read: Ms. Griswold's brief does not contain information to support her conclusions. (Strike "has scant content to support her assertion" replace with "does not contain information to support her conclusions".)
Page 32 2nd paragraph 1st sentence strike "been contacted" and insert "receives a formal proposal".
Page 35 F. Vi Jerrel strike entire paragraph and replace with "In response to the issues raised in this brief the Constitution of the State of Alaska has been tried and proven in court. The legislative process of annexation has also been tried and proven all the way to the Alaska Supreme Court."
Page 43 last paragraph strike "not only" and strike "it is illogical" and replace with "or documented".
Page 44 1st paragraph strike the word "absurdly" in second line.
Page 49 IV. Summary Comment 2nd paragraph 2nd sentence strike "mutter the mantra" and inserting the word "say".
Page 50 2nd paragraph strike the entire two sentences "The statement is typical...... nor does it make sense."
Page 51 5th paragraph 3rd line strike word "absurd" replace with "without basis"
Page 61 2nd paragraph strike the entire 1st sentence as well as word "However" in the 2nd sentence.
Page 9 OAR insert after 2nd sentence "The membership of OAR is composed of current City residents".
Page 42 4th paragraph last sentence strike "this is simply not valid as" and insert at end of sentence, "therefore this comparison would not be correct."
Suggested amendment to page 8 last paragraph strike "blasting" and insert "sounding" was not considered.
FENSKE/CUE - MOVED THAT THE AMENDMENTS BE FORMALLY MADE TO THE FINAL DRAFT AS DISCUSSED.
VOTE:(primary amendment) YES: KRANICH, CUE, FENSKE, WELLES, YOURKOWSKI, MARQUARDT.
Motion carried.
VOTE: (Main amended) YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, KRANICH, CUE.
Motion carried.
FENSKE/YOURKOWSKI - MOVED FOR RECONSIDERATION OF RESOLUTION 00-86(A).
VOTE: YES: MARQUARDT, KRANICH, CUE, FENSKE WELLES, YOURKOWSKI.
Motion carried.
VOTE:(reconsideration of Resolution 00-86(A)) YES: YOURKOWSKI, MARQUARDT, KRANICH, CUE, FENSKE, WELLES.
Motion carried.
B. Resolution 00-88, 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 Hazel Avenue and Poopdeck Street Road Reconstruction and Paving Assessment/Improvement District. Fiscal information included in attached assessment roll. City Clerk.
PLACED ON THE CONSENT AGENDA AND ADOPTED.
C. Resolution 00-89, Of the Homer City Council Finding the Need to Create the Ocean Drive Loop Bluff Erosion Control Improvement District and Setting a Date for Public Hearing, October 23, 2000. City Clerk.
WELLES/FENSKE - MOVED TI ADOPT RESOLUTION 00-89 BY READING OF TITLE ONLY.
Council discussed this LID proposal with Chris Newby and Barbara Peterson. They asked the City Clerk for clarifications about the process. Boundaries were discussed extensively:
Lot 21 that it should not be included.
Tract B is in the tidal zone and not necessary to be included and is not included currently.
Perhaps the Eneboe lots on around the western corner should not be included.
The Seabreeze Court lots should be included.
FENSKE/KRANICH - MOVED TO SUSPEND THE RULES TO GO PAST MIDNIGHT TILL WE'RE DONE.
VOTE: YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, KRANICH, CUE.
Motion carried.
KRANICH/CUE - MOVED TO POSTPONE RESOLUTION 00-89 TO SEPTEMBER 25TH MEETING.
VOTE: YES: CUE, FENSKE, WELLES, YOURKOWSKI, MARQUARDT, KRANICH.
Motion carried.
Councilmember Cue was excused by the Mayor. She has an early plane to catch.
COMMENTS OF THE AUDIENCE.
Laura Barton asked for the Long Term Care unit to be named after Mae Harrington, who had given the Karen Hornaday Hillside Park land and part of the South Peninsula Hospital land to the Fair Ground Association for a very nominal fee. She noted that Ms. Harrington's name has not been honored in any way and this would be a good way to recognize her by naming the new long term wing after her.
Barbara Petersen thanked the Council for their probing discussion.
Bob Cousins made a few comments about the annexation process, which has been an arduous process. There are some positive things to be said about the benefits of adversity over this process and how things come about, work and how to improve this system that has become a machine. He stated that the process of public involvement really needs to be reviewed in some of these considerations especially when a matter has to do with one's long, hard earned property rights and freedom of speech. A lot of the things have been abrogated here at the hands of a very important issue, the annexation issue. He advised that the problem he has with the annexation issue is what it is going to do to those who own a lot of land, that may end up subdividing, what this will do to the character of Homer and that it will make Homer an urbanely sprawled place. There won't be any more green fields. He expressed his opinion that this has increased the pain of the growth process grabbing out for other tax revenues, because the other revenues were over spent. Basic services need to be provided first such as sewer. He commented that his residence is not connected to sewer and water, because it is too expensive $400 to $500 a month. The City of Homer spends $25,000 a year in his family's name, yet he does not get basic services. Mr. Cousins stated that he really thinks the annexation is a good idea and that the City definitely provides the services for the area and the area does not pay its fair share, adding that the City has bankrupted itself and now is forced to annex. The reason for no public vote on this is because the City has to annex. He commented that he and others see this as the issue that the City has used its own resources and now wants theirs. There are other ways to go about obtaining revenues to balance the budget, such as, if the City can't afford it doesn't get it. The constitutional rights were gained at a very high price and he and many others went to war for these rights of redress of grievances. He emphasized that he really takes offense, from that point of view, of calling anyone any kind of dirty name that says anything negative about what the Council does. The public has the right to complain when government does not respond and react in the way the public thinks it ought to, this is one of the things that is beautiful about this country. He agreed that annexation is bound to happen, but the next time the City does something like this it should consider everyone's feelings and be nice about it.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans on standby per contract.
COMMENTS OF THE CITY CLERK
City Clerk Calhoun had no comment.
COMMENTS OF THE CITY MANAGER
City Manager Drathman had no comment.
COMMENTS OF THE MAYOR
Mayor Cushing commented about the Mayor's Conference in Kodiak. Four Peninsula Mayors, Williams, Lancaster, Blatchford and Cushing, have been asked by CIRCAC to bring forward some resolutions to support Sea Plans by all shippers in Alaska. If anyone has any questions they may call Joe Gallagher in Kenai. He advised that he placed information in Council mail boxes today. He offered to carry any issues or concerns the Council has to the Mayor's Conference.
COMMENTS OF THE CITY COUNCIL
Councilmembers Fenske, Yourkowski and Welles had no comments.
Councilmember Cue was excused prior to Audience Comments.
Councilmember Marquardt responded to comments by Sallie Dodd Butters. He stated that he has never called anyone who opposed annexation wackos, did not know where Ms. Butters heard this and it is not true and is a lie.
Councilmember Kranich thanked the Council for their time and consideration during the reconsideration about Resolution 00-86(A), which he wholeheartedly supports at this point in time.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 12:35 a.m. The next regular meeting is scheduled for September 25, 2000 at 7:30 p.m. in the Council Chambers.
______________________________________
MARY L. CALHOUN, CMC, CITY CLERK
Approved: _____________________________
1. These signatures are on page 156 of the Council's packet.
2. This is actually the Homer City Code.