Session 03-18, a Regular Meeting of the Homer City Council was called to order at 7:01 p.m. by Mayor Jack Cushing at the Homer City Hall Council
Chambers located at 491 E Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.
The Council met as a Committee of the Whole from 4:04 to 5:27 p.m regarding the Regular Meeting Agenda items.
Special Meeting from 5:42 p.m. to 6:51 p.m. to conduct an Executive Session Worksession pursuant to AS §44.62.310(c)(1), Matters, the Immediate
Knowledge of which would Clearly have an Adverse Effect upon the Finances of the Government Unit. (Ocean Drive Loop Bluff Erosion Control Project
and Pioneer Dock, Hurlen Claim and Land Acquisition Negotiations.)
PRESENT: COUNCILMEMBERS: BECK, FENSKE, KRANICH, LADD, STARK, YOURKOWSKI.
STAFF: CITY MANAGER WREDE
CITY CLERK CALHOUN
PUBLIC WORKS DIRECTOR MEYER
PERKINS COIE, ATTORNEY KREGER
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 City Council with the following changes:
There is a change on minutes page 10 to include a foot note, Memorandum 03-163 did not make the packet printing deadline and is noted on the agenda
with Ordinance 03-55, Add to Consent Agenda as Item Q. Resolution 03-128 with Memorandum 03-164, Awarding the 2003 Septic Tank Pumping
Contract to the Firm of Moore and Moore, dba, Quick Pumping of Homer, Alaska in the Amount of $7,349.00, $100.00 per Additional Tank Pumping and
Authorizing the City Manager to Execute the Appropriate Documents. Amendment requested to Resolution 03-123, to change the payment due date from
November 1 to November 15th since the September 8th meeting was canceled and to facilitate proper notification by Finance. Addition to Resolution 03-127
of Memorandum 03-165, from Port/Harbor Director, New CIP page requested by Mayor as substitute regarding New East Boat Harbor, and
Correspondence regarding crosswalk from Valerie Connor.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
On any matter on the agenda with the exclusion of the public hearing item on the CIP and Legislative Requests, DEC List and Areawide List.
Debbie Poore thanked the Council for another opportunity to talk to them and that she is present to show her support for the Resolution regarding
crosswalks and pedestrian traffic safety. She reported that on Friday night the Pratt Museum hosted a community conversation about crosswalks and
pedestrian safety, there were eighteen people in attendance and it was a lively two hour discussion. She stated that, with school in session, pedestrian and
school time traffic has greatly increased. Not only is it difficult and dangerous for kids to cross traffic there are also very long bus rides since the routes are
designed to pick up and drop off students on their own side of the road. This is due to bus drivers not being able to rely on traffic to stop for bus loading and
unloading. The three lane roads cause confusion for drivers, citing, for example, when a dump truck pulling a pup trailer passed a school bus in the turning
lane while kids were preparing to cross the road. Ms. Poore asserted her thoughts about drivers getting sloppy and that she has watched dozens and dozens
of parents driving twenty miles per hour to drop off and pick up their children from school who drive past kids waiting ten minutes to cross the roads.
Something is wrong. Marked crossings are needed with education and enforcement to back these up. She asked that the record show that the following
people are present in support of the pedestrian and traffic Resolution: Dan Boone, Sharon Brooks, Judy Lund, Rob Lund, David Stutzer and Jennifer
Edwards.
Jennifer Edwards commented about Ms. Poore summarizing the discussion from the Friday night meeting at the Pratt Museum and added her support for the
Resolution. She asked the Council for an amendment to the Resolution, at one of the Councilmember's suggestion, that when the Police are given the
authority to enforce vehicle rules for stopping at crosswalks and obeying signage that they also be given the power to enforce pedestrian travel and give jay
walking tickets so that all learn the rules for cars and pedestrians. She commented about the need for education and cited a situation this morning at Paul
Banks at 7:51 a.m. when the yellow blinking lights were flashing in the school zone, a signed crosswalk, a painted cross walk, that traffic coming in from
East End Road did not stop when there was a child on the side of the road waiting to cross. This is a matter of safety.
Jim Brady addressed the Council regarding the Mayoral Proclamation recognizing October as Disability Employment Awareness Month. He stated that he is
a ten year resident of Homer and that he is present as a Representative of the Independent Living Center. He advised that in conjunction with the American
Association of People with Disabilities (AAPD), out of Washington D.C., they are coordinating activities on the Kenai Peninsula and in Homer to recognize
October as Disability Employment Awareness Month and that October 15th is Disability Mentoring Day. On the Kenai Peninsula and in Homer week of
October 13 - 17, 2003 will be Disability Mentoring Week. In 1995, the United States Congress, proclaimed October to be Disability Employment Awareness
Month. The reason for this is pretty shocking. As a group, people with disabilities have a seventy to seventy five percent unemployment rate, this is those
disabled individuals who are actively seeking employment. The numbers are similar in Alaska and on the Kenai Peninsula. In 1999 in an effort to promote
the month of October as Disability Employment Awareness Month, President Clinton proclaimed October 15th to be Disability Mentoring Day. Activities on
this day mirror other mentoring projects. Individuals with disabilities are paired with employers and the person with the disability has the opportunity to see
what a particular job entails in a real world setting and the employer has the opportunity of meeting an individual who can become a valued employee. He
asked for the Council support of the proclamation and that all Homer citizens and business follow the guidelines of the Americans with Disabilities Act in
their hiring practices.
Lloyd Moore questioned the appointment of someone to the Planning Commission who has only been here eleven months, that with the issues at hand
someone who has been here longer should be considered. He commented on the jake brake usage and safety issues, since he owns a lot of vehicles with jake
brakes. He stated that there is no problem with restricting jake brakes and asked the Council to understand that jake brakes are a safety factor in big trucks.
He advised that he has had brake fade and that it is not a good feeling getting down to the bottom of the hill wondering if there are going to be any cars
coming, knowing you can't stop. He noted that it is bad enough driving around on icy roads. He commented on a couple of issues such as coming down
Baycrest Hill with a jake brake and that by the time you get to flat ground the brakes are hot and that new brakes will retain heat all the way to the end of the
Spit, which is a main corridor for truck traffic, even though it is flat ground it is good to continue using jake brakes all the way to the end of the Spit. He
commented about using jake brakes in the case of an emergency and asked for the realization that the jake brake switch is on the dash. He cited a situation
wherein a child comes out onto the highway and if the jake brake would save one inch of stopping, it may be worth the life. He did not believe there is a real
bad problem with jake brakes in Homer, newer truck jake brakes are hardly audible, the older trucks are louder and one of his is rather noisy and gets
people's attention. He commented on his older truck having a life expectancy of about another three years. Mr. Moore reported that the newer trucks are
quieter and the problem will take care of itself as the older trucks are phased out. He commented on the verbiage in the Ordinance, "no motor vehicle may be
sold inside Homer without an operating exhaust system". He cited the example of the Mud Bay impound yard wherein Mud Bay would have to fix the
exhaust system on vehicles before he could sell these. He advised the Council that a number of things in the Ordinance are already covered by state law and
not needed in City Code. He voiced his opinion that some of the items are not enforceable, that Homer is not an IM community and there is no one here
who can do emission standards. He inquired why something is going to be put on the books that cannot be enforced. He noted that it is going to cost one
thousand dollars for the Police Department to purchase the equipment to enforce the noise level and commented on the process of measuring the noise level.
He emphasized that jake brakes are important, understanding that there are some problems with them. He asked the Council to look at some of the other
things in the Ordinance and whether or not the Council wants to make it so that people have to take their cars outside of the City to sell them and how the
Ordinance is going to be enforced.
RECONSIDERATION
A. Memorandum 03-150, from City Clerk, Re: Councilmember Ladd's Notice of Reconsideration regarding Memorandum 03-143(A), from City Clerk,
Re: Vacation of a Portion of a Twenty Foot Alley, Shown on Glacier View Subdivision No. 01(Plat HM 75-26) and Glacier View No. 19 (Plat HM 86-107),
adjacent to Lots 3 and 4 block 5 (Plat HM 75-26) and Tract 6-A, A-1 and A-2 (Plat HM 86-107): within Section 20, Township 6 South, Range 13 West,
Seward Meridian, Alaska; the City of Homer and the Kenai Peninsula Borough; KPB File 2003-153. Council voiced objection and veto on August 25, 2003.
If reconsideration passes, action will take place under Pending Business.
LADD/YOURKOWSKI - MOVED FOR RECONSIDERATION ON MEMORANDUM 03-143(A).
Council commented that since the September 11th deadline has gone by, this could be voted down.
VOTE: NO: FENSKE, LADD, YOURKOWSKI, STARK, KRANICH, BECK.
Motion failed.
Mayor Cushing stated that the Borough has assured us that they have taken care of the concerns.
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 Ladd requested that Ordinances 03-51 and 03-52 be placed under Ordinances.
A. Homer City Council unapproved meeting minutes of August 25, 2003 Regular Meeting. Recommend approval.
B. Ordinance 03-26, Of the City Council of Homer, Alaska Appropriating an Alaska Department of Transportation and Public Facilities - Statewide
Planning Grant in an Amount not to Exceed $171,000.00 to Develop a Corridor Management Plan for the Sterling Highway, Scenic Byway and Authorizing
the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue and Expenditure Accts. 151-860. Recommend introduction
and conduct Public Hearing on October 13, 2003.
Memorandum 03-68 from Administrative Assistant as backup.
C. 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
Recommend introduction and conduct Public Hearing on October 13 and Second Reading on October 27, 2003.
D. Ordinance 03-51, Of the City Council Appropriating $65,000.00 from Port/Harbor Reserve Fund for Port/Harbor Restroom Project Completion and
Authorizing the City Manager to Execute the Appropriate Documents. Public Works. City Manager. Fiscal Note: From the Port/Harbor Reserve Fund to
Expenditure Acct. 415-380 Port/Harbor Restrooms Recommend introduction and conduct Public Hearing and Second Reading on October 13, 2003.
Memorandum 03-160 from Public Works as backup.
E. Ordinance 03-52, Of the City Council of Homer, Alaska, Appropriating Monies from the Alaska Department of Community and Economic
Development, Fisheries Revitalization Aid, in the Amount of $80,914.12, for a Port/Harbor Restroom and Authorizing the City Manager to Execute the
Appropriate Documents. Finance. P/H. City Manager. Fiscal Note: Expenditure Acct. Acct. 415-380 Port/Harbor Restrooms Recommend introduction and
conduct Public Hearing and Second Reading on October 13, 2003.
Memorandum 03-161 from Port/Harbor Director as backup.
F. Ordinance 03-53, Of the City Council of Homer, Alaska, Amending Ordinance 03-22(S), Grant for Traffic Saturation Patrols and In Car Video Systems.
Finance. HPD. City Manager. Fiscal Note: Revenue and Expenditure Accts 151-780. Recommend introduction and conduct Public Hearing and Second
Reading on October 13, 2003.
Memorandum 03-158, from Chief of Police as backup.
G. Ordinance 03-54, Of the City Council of Homer, Alaska Appropriating Three Alaska Department of Transportation Highway Safety Grants in the
Amount of $5,000.00 each and Authorizing the City Manager to Execute the Appropriate Documents. Finance. HPD. City Manager. Fiscal Note: Revenue
and Expenditure Accts. 151-781. Recommend introduction and conduct Public Hearing and Second Reading on October 13, 2003.
Memorandum 03-156, from Accounting Tech as backup.
H. Ordinance 03-55, Of the City Council Authorizing a Budget Transfer from Airport Reserve for an additional $5,000.00 for the Paint and Stain Project at
the Airport. Finance. PWD. Fiscal Note: From the Airport Reserve Fund to Expenditure Acct. 151-388 Recommend introduction and conduct Public
Hearing and Second Reading on October 13, 2003.
Memorandum 03-163, from Public Works as backup.
I. Ordinance 03-56, Of the Homer City Council Appropriating up to 17,000.00 from Public Works Reserve Fund for a Compressor Replacement. Finance.
Public Works. Fiscal Note: From the Public Works Reserve Fund to Expenditure Fund Acct. 151-395. Recommend introduction and conduct Public
Hearing and Second Reading on October 13, 2003.
J. Ordinance 03-57, Of the City Council of Homer, Alaska Accepting and Appropriating a Grant of, up to, $12,500.00 from the Open World Program for
the Sister City Program and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Mayor. Fiscal Note: Expenditure Acct.
100.5605.100. Recommend introduction and conduct Public Hearing and Second Reading on October 13, 2003.
K. Ordinance 03-58, Of the City Council of Homer, Alaska Re Appropriating Grants from the Alaska Department of Community and Economic
Development for the Homer Public Library in the Amount of $205,252.00, Re Appropriating the City's Match of $63,653.00 and Authorizing the City
Manager to Execute the Appropriate Documents. Finance. City Manager. Fiscal Note: The reappropriated grants will be placed in the same Acct. 151.722.
Recommend introduction and conduct Public Hearing and Second Reading on October 13, 2003.
L. Resolution 03-121, Of the City Council of Homer, Alaska, Encouraging the Alaska Cruise Ship Industry to Partner with the Alaska Seafood Industry by
Serving Wild Alaskan Salmon on all Alaskan Cruise Ships. Ladd. Kranich. Recommend adoption.
M. Memorandum 03-151, from City Clerk, Re: Appointments of Election Judges. Fiscal Note: Wages budgeted in Acct. 100.5101--5107.102. Recommend
confirmation and approval
N. Memorandum 03-152(S), from Mayor, Re: Appointment of Christine Celentano to the Homer Advisory Planning Commission, Appointments of Carole
R. Hamik and Deborah A. Poore to the Homer Parks and Recreation Advisory Commission, and Reappointments of Nancy Lord and Bette Seaman to the
Library Advisory Board. Recommend confirmation.
O. Memorandum 03-153, from City Clerk, Re: 2004 Proposed Budget Development Schedule. Recommend approval.
P. Memorandum 03-154, from Public Works, through City Manager, Authorizing a Change Order to the CH2M Hill Contract for Bidding Assistance and
Construction Management/Inspection of the One Million Gallon Tank Construction Project. Fiscal Note: 215-814, Project Budget $2.2 million. Current
Construction Cost is $1,275,369.75, Current Design Construction Services $181,663.87, requested this change order, Bidding Assistance $8,702.00 and
Construction Management/Inspection $48,060.00. Recommend approval.
Councilmember Kranich asked that this be placed under New Business.
Q. If added under agenda approval: Resolution 03-128, Of the City Council of Homer, Alaska Awarding the 2003 Septic Tank Pumping Contract to the Firm of Moore and Moore dba Quick Pumping of Homer, Alaska in the Amount of $7,349.00, $100.00 per Additional Tank Pumping and Authorizing the City Manager to Execute the Appropriate Documents. Public Works. City Clerk. Fiscal Note: Budgeted in Acct. 200.5210.504 Recommend adoption.
Memorandum 03-164 from Public Works as backup.
FENSKE/KRANICH - MOVED FOR THE ADOPTION AND/OR APPROVAL OF THE RECOMMENDATIONS OF THE CONSENT AGENDA AS
READ. (with the exclusion of items D. E and P.)
VOTE:(Items. D. E. placed under Ordinances and P. placed under New Business.)
YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VISITORS
None scheduled.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS
A. Mayoral Proclamation, Disability Awareness Month, October and Disability Monitoring Week, October 13 - 17, 2003.
Mayor Cushing thanked Jim Brady for his comments.
B. Mayoral Recognition of Kachemak Bay Coast Week, September 12 -19, 2003.
PUBLIC HEARING(S)
A.2004-2009 Capital Improvement Planning Process, 2005 Legislative Requests, and Alaska Department of Environmental Conservation (ADEC) Projects
and Area-Wide Projects.
There was no public testimony.
ORDINANCE(S)
A. Consent Agenda Item D. Ordinance 03-51, Of the City Council Appropriating $65,000.00 from Port/Harbor Reserve Fund for Port/Harbor Restroom Project Completion and Authorizing the City Manager to Execute the Appropriate Documents. Public Works. City Manager. Fiscal Note: From the Port/Harbor Reserve Fund to Expenditure Acct. 415-380 Port/Harbor Restrooms Recommend introduction and conduct Public Hearing and Second Reading on October 13, 2003.
Memorandum 03-160 from Public Works as backup.
YOURKOWSKI/KRANICH - MOVED FOR THE ADOPTION OF ORDINANCE 03-51 BY READING OF TITLE.
Most of the discussion was about the cost of the restroom, which, according to Memorandum 03-160, is $198,307.00 or $350.00 per square foot.
$133,000.00 was budgeted. Council expressed opinions that this should be able to be done at less cost. Since this is first reading of the Ordinance and Public
Works Director Meyer had noted that this facility would not be constructed this year there is time to respond to Council's construction cost concerns. It was
pointed out that the building kit is on site and that the concrete pad is done. The restroom construction was dubbed, bomb proof and is so designed due to
the increased level of vandalism to the City public restroom facilities. Another point made was that a facility constructed in the fashion proposed would
probably last longer and be lower maintenance.
LADD/KRANICH - MOVED TO AMEND TO REFER THIS BACK TO PUBLIC WORKS TO SEEK A LESS EXPENSIVE WAY TO DESIGN THE
REST ROOM FACILITY TO BE PLACED IN THE VICINITY OF RAMP SIX.
There was further discussion and suggested that perhaps the City needs a broader restroom facility plan.
VOTE: YES: KRANICH, LADD.
NO: STARK, BECK, FENSKE, YOURKOWSKI.
Motion failed.
VOTE: (main motion ) YES: KRANICH, BECK, FENSKE, YOURKOWSKI, STARK.
NO: LADD
Motion carried.
B. Consent Agenda Item. E. Ordinance 03-52, Of the City Council of Homer, Alaska, Appropriating Monies from the Alaska Department of Community
and Economic Development, Fisheries Revitalization Aid, in the Amount of $80,914.12, for a Port/Harbor Restroom and Authorizing the City Manager to
Execute the Appropriate Documents. Finance. P/H. City Manager. Fiscal Note: Expenditure Acct. Acct. 415-380 Port/Harbor Restrooms Recommend
introduction and conduct Public Hearing and Second Reading on October 13, 2003.
Memorandum 03-161 from Port/Harbor Director as backup.
FENSKE/BECK - MOVED FOR THE ADOPTION OF ORDINANCE 03-52 BY READING OF TITLE.
Council discussion included the following:
There was one point made at a previous meeting that this is Fisheries Revitalization Aid to the City of Homer.
The Port and Harbor Folks were asked to come forward with some alternatives/options that this money might be used for that is more directed toward fisheries revitalization.
The recommendation or attached letter from the Port/Harbor states that this particular restroom facility, recommended, is going at the corner of Fish Dock Road and the Spit Road.
Agreement that the additional restroom is needed. Is there a better location for it than at a piece of property which is right on the Fish Dock area, which is one that has lots, potentially for further development, in terms of the fisheries. Is there another location that would be better suited toward this facility.
It was clarified that the recommendation from the Port and Harbor Advisory Commission is that the restroom be constructed at or near. Location is not at issue and can be decided by Public Works and Port and Harbor.
Pursuant to discussion at the Committee of the Whole, the City Manager is going to be looking at some alternate sites and bring back something to the Council, hopefully, by public hearing and definitely before second reading.
A letter from the State indicated that this money may be used for any purpose that the City deems fit, The Port and Harbor Commission did look at alternative projects, five or six Harbor CIP projects, which included redecking of the old timber dock, railing on the old timber dock, and cathodic protection of the Deep Water Dock. The additional restroom facility is their recommendation.
Cathodic protection for the Deep Water Dock has a current engineer estimate of $450,000.00. Public Works is reviewing ways to reduce the costs. May be
between $350,000.00 and $450,000.00. This fisheries revitalization aid money, $81,000.00, would be that much less to have to come up with and the
cathodic protection is an emergency situation.
LADD/YOURKOWSKI/KRANICH: THAT THE PORT AND HARBOR TAKE A LOOK AT THE RECOMMENDATION, RECONSIDER THE
RECOMMENDATION, AND FORWARD A RESPONSE BACK TO US.
Council asked that the Commission specifically consider the cathodic protection for the Deep Water Dock. It was also noted that the high mast light project
should be considered since materials are sitting in storage, because the City did not have enough money to install it and the location for the light is in the area
where the fishing boats and commercial fishing boats moor.
Council agreed, for clarification, that the intent of this amendment is to remand this appropriation to the Port/Harbor Commission for further consideration.
VOTE:(remand) YES: LADD, YOURKOWSKI, STARK, KRANICH, BECK, FENSKE.
Motion carried.
Mayor Cushing called for a recess at 7:50 p.m. reconvening the meeting at 8:07 p.m.
CITY MANAGER'S REPORT
A. City Manager's Report (STIP comments; Memo/Homer Hockey MOU and Rink funding; DOT/PF Memo/Crosswalks; East End Road Construction News
Release; Pratt Museum News Release; Letter to Property Owners of the Ocean Drive Loop Bluff Erosion Control Project; September Employee
Anniversaries: Patti Morris HPD 27 years, Mary Calhoun City Clerk 16 years, Pat Johnson PWD 11 Years, Kurt Roe PWD 7 Years, Dean Baugh Finance 5
years and Janie Stewart HPD 3 years; Skateboard Park Mural Email Correspondence; Port/Harbor Commission CIP Recommendation, Fisheries
Revitalization Aid Recommendation, Port/Harbor Commission and Director USCG Hickory Recommendation; Port/Harbor Director Engineering Services
Contract for Dock Security Gates; and Public Works Director Deep Water Dock Corrosion Design Study.)
B. Bid Report.
City Manager Wrede noted that there are two memos in the supplemental packet on the Ice Rink. He updated Council on the status of the location for the
new Animal Shelter and that there is agreement with SOS (Save Our Shelter) to use the current location There are funds pending in association with the
architect contract, some draft recommendations will be forwarded to the architect such as a two level facility with upper level for offices and entry way from
the Sterling Highway.
COMMITTEE REPORT
A. Beach Policy Committee Synopsis of September 9, 2003.
Public Works Director Meyer elucidated the progress made thus far with signage and placement of beach access restricting boulders.
PENDING BUSINESS
A. Memorandum 03-143(A), from City Clerk, Re: Vacation of a Portion of a Twenty Foot Alley, Shown on Glacier View Subdivision No. 01(Plat HM
75-26) and Glacier View No. 19 (Plat HM 86-107), adjacent to Lots 3 and 4 block 5 (Plat HM 75-26) and Tract 6-A, A-1 and A-2 (Plat HM 86-107):
within Section 20, Township 6 South, Range 13 West, Seward Meridian, Alaska; the City of Homer and the Kenai Peninsula Borough; KPB File 2003-153.
Council voiced objection and veto on August 25, 2003. If reconsideration passes the main motion as amended is back on the floor.
Recommendation:Voice non objection and consent Voice objection and Veto to the Vacation of a Portion of a Twenty Foot Alley, Shown on Glacier View
Subdivision No. 01(Plat HM 75-26) and Glacier View No. 19 (Plat HM 86-107), adjacent to Lots 3 and 4 block 5 (Plat HM 75-26) and Tract 6-A, A-1 and
A-2 (Plat HM 86-107): within Section 20, Township 6 South, Range 13 West, Seward Meridian, Alaska; the City of Homer and the Kenai Peninsula
Borough; KPB File 2003-153.
STARK/LADD - MOVED TO APPROVE.
YOURKOWSKI/LADD - MOVED TO AMEND MEMORANDUM 03-143 TO VOICE OBJECTION AND VETO.
Original votes:
VOTE: (primary amendment) YES: KRANICH, BECK LADD, YOURKOWSKI.
NO: STARK.
Motion carried.
VOTE:(main amended motion) YES: KRANICH, BECK, LADD, YOURKOWSKI.
NO: STARK
Motion carried.
Reconsideration failed under agenda item Reconsideration; therefore, no further action was taken.
NEW BUSINESS
A. Memorandum 03-157, from Councilmember Ladd, Re: Pedestrian Crosswalks in the City of Homer.
Recommendation: That the City of Homer identify dangerous pedestrian intersections and crossing areas and clearly mark the crosswalks and provide needed
signage to warn vehicles of the crosswalk areas. Administration will use funds within the City's operating budget to complete this task.
LADD/YOURKOWSKI - MOVED FOR THE APPROVAL OF THE RECOMMENDATIONS OF MEMORANDUM 03-157.
It was noted that the report from the engineer dated 2001, Homer Area Transportation, was never adopted by the City Council and did have some
recommendations that are worthy of Council's attention and notice now: Sidewalks along more streets and crossing over major roads are needed for safe
transportation of pedestrians and casual bicyclists, especially children. Intersections are neither controlled nor marked for bicycle and pedestrian crossing and
these intersections are heavily used.
The memorandum tries to address needs for crosswalks and the City has dealt with DOT and this has been on the Council's table for several years. It appears
that the City/DOT relationship is getting better in terms of crosswalks and pedestrian safety throughout the community. The meeting at the Pratt Museum
was mentioned wherein it was noted that pedestrians are not safe and that traffic is not pedestrian aware.
LAD/FENSKE - MOVED TO AMEND THE RECOMMENDATION: A. THAT THE CITY OF HOMER IDENTIFY DANGEROUS PEDESTRIAN
INTERSECTIONS AND CROSSING AREAS, OBTAIN NECESSARY PERMITTING IF REQUIRED, CLEARLY MARK THE CROSSWALKS,
AND PROVIDE NEEDED SIGNAGE TO WARN VEHICLES OF THE CROSSWALK AREAS. B. THAT SIGNAGE ALERTING DRIVERS THAT
THE PEDESTRIANS HAVE PRIORITY IN HOMER BE PLACED AT AN APPROPRIATE LOCATION ALONG THE STERLING
HIGHWAY AND EAST END ROAD ENTERING THE CITY. C. THAT THE CITY OF HOMER POLICE DEPARTMENT CONDUCTS A
PUBLIC AWARENESS PROGRAM ADDRESSING PEDESTRIAN SAFETY AND THE RIGHTS OF PEDESTRIANS. D. ADMINISTRATION
WILL USE FUNDS WITHIN THE CITY'S OPERATING BUDGET TO COMPLETE THIS TASK.
The amendment was discussed. There are some City roads that do not require DOT participation to put in the crosswalks, signage is absolutely necessary to
show that the City of Homer places priority on its pedestrians and that vehiclists need to be aware of pedestrians. None of this will occur without proper
education. Education can be done at the schools, through the City's quarterly newsletter, and et cetera.
VOTE:(primary amendment 1.) NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
FENSKE/LADD - MOVED TO AMEND THAT THE CITY MANAGER REVIEW THE 1999 TRAFFIC STUDY AND 2001 RECOMMENDED
REPORT FOR A CITY TRAFFIC MASTER PLAN.
There was some discussion about the 1999 Traffic Study, the 2001 Transportation Plan and the 1989 (1) Master Traffic Plan. The Master Plan could be
amended with the 1999 and 2001 documents for a new Master Plan or the 2001 Plan could be amended. The intent is that this be done soon and that a
worksession be held. Take the strengths of these documents and move forward with a Master Plan that is sufficient for the City's needs.
VOTE: (primary amendment 2.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
The following was pointed out from the Memorandum 03-157:
13 AAC 02-155 (a) states that "when traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way to a
pedestrian who is on a sidewalk, vehicular way or area, or who is crossing a roadway within a crosswalk when the pedestrian is upon half of the roadway as
to be in danger.
13 AAC 03-155 PEDESTRIAN RIGHT-OF-WAY IN SAFETY ZONES, (a) Except as provided in 13 AAC 02.195, when a traffic-control signal is not in
place or not in operation, the driver of a commercial motor vehicle shall yield the right-of-way to a pedestrian who is on a sidewalk, in a vehicular way or
area, or who is crossing a roadway within a crosswalk and who is upon the same half of the roadway upon which the commercial motor vehicle is traveling
or is approaching so closely from the opposite half of the roadway as to be in danger.
Comment about the above from the Memorandum was that if a pedestrian is, for example, walking in the east bound lane of the road the west bound traffic does not have to stop. Therefore, it is not true that once a person walks off the sidewalk all traffic has to stop. Although the Council cannot amend the Alaska Administrative Code, the Council certainly can amend the Homer City Code to
make that provision that traffic from either direction would have to stop if a pedestrian steps off the sidewalk.
VOTE:(main amended motion) YES: NON OBJECTION UNANIMOUS CONSENT.
Motion carried.
B. Consent Agenda Item. P. Memorandum 03-154, from Public Works, through City Manager, Authorizing a Change Order to the CH2M Hill Contract for
Bidding Assistance and Construction Management/Inspection of the One Million Gallon Tank Construction Project. Fiscal Note: 215-814, Project Budget
$2.2 million. Current Construction Cost is $1,275,369.75, Current Design Construction Services $181,663.87, requested this change order, Bidding
Assistance $8,702.00 and Construction Management/Inspection $48,060.00. Recommend approval.
Recommendation: The City Council approve the award of the above described work to CH2M Hill in the amount of $56,762.00 and authorize the City Manager to execute all appropriate documents.
KRANICH/BECK - MOVED FOR THE APPROVAL OF THE RECOMMENDATION OF MEMORANDUM 03-154.
There were comments about receiving this request after the job is basically done.
Public Works Director Meyer clarified that, although true, that the RFP for the design of the tank included, as one of the duties of the consultant, provision
for bidding assistance, at a dollar figure, always, of $8,700.00. He advised the Council that their effort tonight is more of a housekeeping issue. He noted that
the last time he asked the Council for award of the design contract and that dollar value did not include the $8,700.00, although it was in their proposal. Mr.
Meyer advised that part of the reason for this is his management style of not giving notice to proceed for the entire contract to a consultant until he is sure
that it is needed. He noted that he generally awards each phase of the design contract separately, bidding assistance separately and construction management
separately. In this case the design was awarded, just not the rest, therefore, this is before the Council for approval. He told the Council that it is not like they
paid CH2M Hill to do this before and are now paying them extra. In response to Council inquiry, the Public Works Director stated that he is not sure that the
Council has approved the specific overall budget for the project, other than to accept $2.2 million from DEC to construct the tank, which probably was not
broken down into how much is construction, design, bidding assistance and construction management. The project is no where near $2.2 million, however,
this cost was anticipated.
Motion carried.
RESOLUTIONS
A. Resolution 03-122, Of the City Council of Homer, Alaska, Requesting that the Alaska Department of Transportation and Public Facilities Join the City of
Homer in a Partnership to Provide for Pedestrian Crosswalks at Key Locations throughout the City as Quickly as Possible. City Manager. Directed by Mayor
and Council..
STARK/KRANICH - MOVED FOR THE ADOPTION OF RESOLUTION 03-122 BY READING OF TITLE.
It was noted that this Resolution and Memorandum 03-157 complement each other.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B Resolution 03-123, 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 Harrington Heights Water and Sewer Assessment District. City Clerk.
Memorandum 03-159, from City Clerk, Re: Exemption Request from the Pratt Museum. If approved would be funded via HAWSP.
Amendment Request: To Change the Payment due date from November 1 to November 15.
Council was notified of request after the packet was printed.
Amendment required regarding exemption: Move to Amend Resolution 03-123, to add another Be It Further Resolved Clause, to read: The Pratt
Museum/Society of Natural History is exempt from water and sewer assessments in this district, for KPB Parcel Nos. 175-101-0700 and 175-101-1500, this
shall be noted on the final assessment roll and the exempted assessments shall be paid by the Homer Accelerated Water and Sewer Program.
FENSKE/BECK - MOVED FOR THE ADOPTION OF RESOLUTION 03-123 BY READING OF TITLE.
FENSKE/LADD - MOVED TO AMEND NOVEMBER 1 TO NOVEMBER 15.
VOTE:(primary amendment 1. ) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
LADD/BECK - MOVED TO AMEND RESOLUTION 03-123 FOR THE EXEMPTION FOR THE PRATT MUSEUM TO ADD ANOTHER BE IT
FURTHER RESOLVED CLAUSE, TO READ: THE PRATT MUSEUM/SOCIETY OF NATURAL HISTORY IS EXEMPT FROM WATER AND
SEWER ASSESSMENTS IN THIS DISTRICT, FOR KPB PARCEL NOS. 175-101-0700 AND 175-101-1500, THIS SHALL BE NOTED ON THE
FINAL ASSESSMENT ROLL AND THE EXEMPTED ASSESSMENTS SHALL BE PAID BY THE HOMER ACCELERATED WATER AND SEWER
PROGRAM.
The exemption was discussed, the City Attorney's Legal Opinion was mentioned wherein it was noted that the Council may grant the exemption and it is not automatic.
KRANICH/FENSKE - MOVED TO AMEND THE AMENDMENT THAT SHOULD THESE PARCELS BE SOLD BY THE PRATT MUSEUM, THE
NEW PURCHASER SHALL BE REQUIRED TO PAY THE ASSESSMENT TO THE CITY OF HOMER IN FULL.
VOTE:(Secondary amendment 1 to primary amendment 2.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE:(amended primary amendment 2.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE:(main amended motion) NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Resolution 03-124, Of the Homer City Council Supporting Alaska Department of Environmental Conservation (ADEC) in their Efforts to Gain Funding
for Projects in the Homer Area. Mayor and Council.
KRANICH/FENSKE - MOVED FOR THE ADOPTION OF RESOLUTION 03-124 BY READING OF TITLE.
There was no comment.
List of project priorities in this Resolution.
1. Mountain View to East Hill Water Main
2. Bridge Creek Watershed Land Acquisition
3. Septic Tank Pumpage Dump Station
4. East Hill/West Hill Main Line Extension
5. Spit Waterline Replacement, Phase 4
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
D. Resolution 03-125, Of the Homer City Council Supporting Area-Wide Projects. Mayor and Council.
FENSKE/LADD - MOVED FOR THE ADOPTION OF RESOLUTION 03-125 BY READING OF TITLE.
There was no comment.
List of project priorities in this Resolution.
1. Kachemak Bay Campus Expansion
2. Williamsport/Pile Bay Road Rehabilitation
3. Pratt Museum Porch Repair
4. North Pacific Volcano Learning Center
5. Homer Ice Rink/Recreational Facility
6. Homer Center for the Arts Renovation
7. Homer Senior Center Renovation/Expansion
8. Convention and Cultural Center
LADD/YOURKOWSKI - MOVED TO AMEND TO PUT NUMBER FIVE WHERE NUMBER THREE IS AND DROP DOWN, EVERYTHING
SEQUENTIALLY FOLLOWS.
There was a brief comment by Councilmember Ladd on the importance of moving the Ice Rink up further on the list.
1. Kachemak Bay Campus Expansion
2. Williamsport/Pile Bay Road Rehabilitation
3. Pratt Museum Porch Repair Homer Ice Rink/Recreational Facility
4. North Pacific Volcano Learning Center Pratt Museum Porch Repair
5. Homer Ice Rink/Recreational Facility North Pacific Volcano Learning Center
6. Homer Center for the Arts Renovation
7. Homer Senior Center Renovation/Expansion
8. Convention and Cultural Center
VOTE: (primary amendment 1) YES: NON OBJECTION UNANIMOUS CONSENT.
Motion carried.
VOTE: (main amended motion) YES: NON OBJECTION UNANIMOUS CONSENT.
Motion carried.
E. Resolution 03-126, Of the Homer City Council Adopting Capital Projects/Legislative Request for FY 2005 and Requesting Appropriate Funding. Mayor
and Council.
BECK/LADD - MOVED FOR THE ADOPTION OF RESOLUTION 03-126 BY READING OF TITLE.
There was no comment.
List of project priorities in this Resolution.
1. Mountain View to East Hill Water Main
2. Deep Water Dock Corrosion Control
3. Homer Public Library
4. Homer Animal Shelter
5. Fire Engine Replacement/Ladder Truck
6. Skyline Fire Station
7. East Boat Harbor
8. Septic Tank Pumpage Dump Station
9. Kachemak Drive Improvements
10. Deep Water Dock Construction, Phase 2
11. Harbor Pedestrian Ways
12. Port and Harbor Public Restrooms
13. Deep Water Dock, Berth 1 Fendering System Upgrade, Phase 2
14. Pioneer Avenue Upgrade/Downtown Restrooms
15. Bridge Creek Watershed Land Acquisition
VOTE: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
F. Resolution 03-127, Of the Homer City Council Adopting the "City of Homer Capital Improvement Program 2004-2009" as the Official Six Year Capital
Improvement Plan for the City of Homer. Mayor and Council.
Memorandum 03-165, from Port/Harbor Director, Re: New Pages for New East Boat Harbor.
Mayor Cushing noted that the substitute pages for the New East Boat Harbor had been recognized under Agenda Approval.
LADD/BECK - MOVED FOR THE ADOPTION OF RESOLUTION 03-122.
There were no comments.
VOTE: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
COMMENTS OF THE AUDIENCE
Audience comments upon any matter.
There were no audience comments.
COMMENTS OF THE CITY ATTORNEY
Perkins Coie Attorney Kreger left to get on a plane to go back to Anchorage.
COMMENTS OF THE CITY CLERK
City Clerk Calhoun reminded all to vote.
COMMENTS OF THE CITY MANAGER
City Manager Wrede had no comment.
COMMENTS OF THE MAYOR
Mayor Cushing commented about the DOT meeting and STIP list. He reported that a group of National and State foundations, hosted by the Homer
Foundation, came to Homer since last meeting, and that they toured Oceans and Islands, and went across the Bay. The Mayor said that he thought the
people in these groups were impressed by Homer. A lot of organizations, in Homer, that apply for some of the Foundation grants were able to meet the
Foundation people. Mayor Cushing voiced his hope that something good would come from this visit.
COMMENTS OF THE CITY COUNCIL
Councilmember Fenske commented about and requested occasional grading on Waddell Way.
The recently reported Fred Meyer sixty year lease with Al Waddell was mentioned.
Councilmember Beck applauded the brevity of this Council meeting.
Councilmember Kranich commented that if Waddell Way gets occasional grading then people along other thirty foot right of ways may be requesting the
same service.
Councilmember Ladd commented about Monday night football and the last meeting being adjourned. He voiced appreciation for Council's action on the
crosswalk issue, adding that it is about time, and that Council crossed miles tonight with the Memorandum and Resolution. He reported on the STIP list and
the TRAAK list and that program money has been reduced from $430 million to $305 million. Projects that were lost were the straightening of the road in
the Cooper Landing area and the Soundview Trail to West Homer Elementary and a number of projects have been delayed including the road up to the
hospital, Bartlett. The State's transportation plan is not in good shape. Mr. Ladd commented about the election coming up, that he hopes everyone has an
opportunity to vote and that he is one of the candidates as well as Councilmember Kranich. He voiced appreciation for the opportunity that he has had the
last three years to work for the City and that it has been a real pleasure.
Mayor Cushing advised that he and the City Manager forwarded comments on the STIP list to the State DOT. There is still time to try to convince the state
regarding Homer projects, such as the Harbor Boardwalk and other trail programs. He thanked everyone who worked on the crosswalk issues. He then
turned the spotlight to KBBI's Jennifer Mitchell who will be leaving Homer to go to Louisiana.
Ms. Mitchell had no comment.
She was thanked for her work covering the Council meetings and was wished good luck
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 9:07 p.m. The next Regular Meeting is scheduled for Monday,
October 13, 2003 at 7:00 p.m. The next Committee of the Whole is scheduled for Monday, October 13, 2003 at 4 p.m. The meetings are 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. Clerk's Note: January 2, 1999 Traffic Study by The Boutet Company. July 2001 Homer Area Transportation Plan by Mike Tauriainan and January 1986 Homer Master Road & Streets Plan by Dowl Engineers.