Session 00-19, a Regular Meeting of the Homer City Council was called to order at 7:35 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.
PRESENT: COUNCILMEMBERS: FENSKE, KRANICH, MARQUARDT, WELLES, YOURKOWSKI.
STAFF: ACTING CITY MANAGER BAUGH
CITY CLERK MARY CALHOUN
PORT/HARBOR DIRECTOR ABBOTT
PUBLIC WORKS DIRECTOR MEYER
ABSENT: COUNCILMEMBERS: CUE (excused)
AGENDA APPROVAL
(Addition of items to or removing items from the agenda will be by unanimous consent of the Council. HCC 1.24.040.)
The agenda was approved by consensus of the Council with the following changes: Add: Resolution 00-98 to Resolutions as Item I., Public Letters regarding Resolution 00-90 and substitute page 16 for September 11 minutes correcting a typo.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Chris Newby spoke about Resolution 00-89, to initiate the bluff erosion control improvement district. He reported that since the last meeting they put together a formal petition and circulated this document to many neighbors. Between the initial efforts and the new petition effort there are nearly 90% of the neighbors in favor of having Council initiate this improvement and finding out what this project would entail, cost and such. Also, since that meeting a few neighbors walked the bluff with the Public Works Director and a representative from the Corp of Engineers. Their hope is that this will help in the remote possibility of getting some funding from the COE and more importantly in seeking other funding sources. He commented that one of the last things he wanted to mention was that in the Council's packet are some maps that show the bluff line, one is very old dated 1957 and the aerial is from1982. Taking the information from those maps and doing a rough measurement it appears, at least at the corner of Lake Street and Ocean Drive Loop, approximately 6 feet per year are being lost, this is less in some places. He emphasized that this points out that this erosion is a very severe problem and an on going problem. He urged the Council to move forward and adopt this resolution to initiate this project.
Julie Cesarini voiced objection to the increase in the assessments for property owner share to 75% of the cost. She stated that she did not know how this number came about when the previous assessment was 25% for property owners and 75% for the City or government. She asked to Council to please review this. Ms. Cesarini stated that, for herself, she would like the vote on annexation, on whether or not the City residents want to annex these folks outside the limits, as they stand now. She invited everyone to the "Meet the Candidates" forum, tomorrow night, at Kachemak City Hall with a potluck at 6 p.m. to chat or come and ask or answer questions.
Buddy Risinger, President of the Forest Glen LID addition, relayed that the Forest Glen Subdivision has been trying to get water and sewer in that area for some time. It took almost a year to get the required 51% to adopt the plan and get the LID going in 1996. The plan was adopted in 1997 that said this area would be getting sewer and water. This was approved and there was every intention by the year 2001 that this area would have sewer and water at the 25/75 split, agreed upon by the land owners, the City Council and the Mayor and everybody that was involved at the time. He emphasized that in July of 1997 this plan was approved and in 1998 the property owners got another piece of paper stating that their LID was still on the agenda and still going to get the 25/75 split and the sewer and water. In 1999 there was another letter received stating the same. He advised that the Forest Glen 25/75 split comes to around $8,037.50 per property owner. He relayed the assessed value of his lot at $12,000 and most of the lots being between $15,000 and $19,000, adding that these property assessments went up although they have not received anything for it. He stated that the thing is that they all want the City sewer and water and the deal they agreed to, $8,037.50 payable over a twenty year period. This would make a $12,000 lot worth over $20,000. Mr. Risinger stated that he does not see any way that he could go for a plan that says he has to pay 75% and the City has to pay 25%, putting his assessment to about $25,000 for sewer and water, which is more than the borough assessment on his property. He relayed that he heard, although does not know how true it is, that the cost of sewer and water on a lot cannot exceed the cost of the borough tax assessment. He pointed out that one of the main things is that they have waited a long time for this, have been patient, been improving and working with the City people, City Works and Public Works, and HEA, to get all the beetle killed trees out of the subdivision and just overall cleaning up the lots. He asked to be treated as though they are a part of the City instead of some kind of outcast. He reiterated that they like the deal first offered in the first place, everyone was content with that and there is no way he could get the property owners to agree to pay $25,000, when he had a pretty hard time getting them to agree to pay $8,000. He emphasized that one cannot put more into one's property than what one will get out of it, this is just simple mathematics. He voiced his belief that there are no lots in town that are worth doing that, that he knows of.
Skip Richards stated that he has a lot in one of the LIDs and has been paying property taxes for the full 26 years. He commented on having seen a lot of sewer and water go into a lot of subdivisions and this is good for the City. Every time a subdivision is added it spreads out the cost of sewer and water and makes the cost per unit lower and also increases the tax base, which is also good for the City. He voiced his opinion that it is hard to accept the fact that after being assessed for City sewer and water, after the fact that the property owners have voted to become an LID, and voted for these services that the City would change the assessment methodology and charge three times as much. Continuing, he stated that in essence, what he sees is that the property owners and the City have a contract, a tacit contract, on proving these services. Referring to his letter in the packet, he voiced his opinion that this is a breach of contract if the Council were to do this. The LIDs, are a group of people that are asking the City to increase their taxes, which is different than what the City is getting from outside the City. By tripling the assessments it is going to be virtually impossible to do this. He advised that if the Council considers this change, and if passed, that it will be extremely regressive, will inhibit growth and in the long term will cost the City more in lost revenue from a tax base, that will not happen, and what will be saved from the actual construction. He urged the Council, the legally elected representatives, to see through the problems in this Resolution and not pass it.
Dave Vanderbrink encouraged the Council to speak into their microphones so they could be heard, adding that it was difficult to tell what they are talking about. He commented on Resolution 00-90 and that the City has managed to irritate and antagonize a large number of people outside its boundaries and now, with agenda items like this, seems to be seeking a like assault with the people inside its boundaries. He stated that the information provided in the Council packet about completing LIDs in 2001 raises a number of points not stated therein:
Mr. Vanderbrink commented that it is hard to escape the feeling that the Resolution has appeared at this time as a response to the charge by foes of annexation that the City cannot properly service those who live within its current boundaries. Then if those within the boundaries refuse the City can say, "Well, we did our part," and it would not really be true.
Greg Martin, Hillside Acres owner of lot 11A, spoke about Resolution 00-90. He emphasized that he and his wife agreed to pay 25% and that a neighbor as well as himself would not have signed had it been more than 25%, because they do not have a water/sewer problem at this time. The 25% was still a big chunk to pay, $7,000 for one utility and $5,000 for the other. He commented on the City wanting to change this to 75%, which is $36,000 these property owners are being asked to pay and then pay for the services after the project is done. He relayed speaking to one of his neighbors who came up with a great idea, that if they were rich and had that kind of money and stuck it in the bank, they could buy water bulk and have it delivered on the interest alone and not have to shell out more money. He continued, that then they could have a local contractor come in and do the hook up on the water service and have their septic tank pumped by a local business. This would benefit the City more and the people in the City. He asked the Council to think about what they are being asked to pay, which is more than some people paid for their property. He reiterated that $36,000 is a lot of money, even for those who have good paying jobs. This is way too much money to ask for what the property owner will receive from the City. He stated that he just does not see the point of asking the property owner to pay that much, and then in turn have to pay more again, and this will not increase his property value by $36,000.
Maka Ward, Forrest Glen Subdivision and tax payer, read her letter into the record regarding the letter that went out on September 18th, signed by City Clerk Mary Calhoun, regarding the 75/25 assessment change. She inquired if she is to understand that this was Mary Calhoun's idea. If this letter was sent before a quorum meeting, then who authorized Mary Calhoun to send this letter and why? She stated that as a resident she believes all the statements made in that letter are not only invalid and disturbing, but are also out of line with the City's financial management. She commented that this gives her to believe that the Councilmembers and City Manager acted hastily in their action for a specific reason. She asked if the Council is trying to force the residents of Homer into making quick decisions to accept a different methodology, as referred to in the Homer Accelerated Water and Sewer Program, instead of the previously adopted plan. Ms. Ward told the Council that this gives residents a bitter pill to swallow, by first juggling the finances of the City treasury, appropriated from the state for water and sewer for other projects and then without proper sequence of quorum tell the property owners that they may speak to the Council at the beginning of the meeting under "Public Comments Upon Matters Already on the Agenda" or after Council's action under "Comments of the Audience". She wondered if the Council and the City Manager feel that these property owners are less important to the City's structure than the building of the new road that runs behind the Eagle Quality Center, and where did the funds come from for that project? She queried the Council if they believe, because the residents of Homer have managed to live this long without the City's help, should pay triple the original agreement that exists with the City? She asked what the property owners have been paying taxes for, since it is not water, sewer or road maintenance, adding that she does not have any children in school. Ms. Ward told the Council that her major question is:
She stated that if this money was used for water and sewer she would like to see the following records:
She concluded by saying that it is no wonder these foreigners living outside the City limits are afraid of the City's financial management and that the City has yet to prove it can handle what it has, much less an added burden.
Don Radford, Hillside Acres, stated that he is in favor of the 25/75 split and that if the City cannot afford the 75%, he surely can't.
Andy Armstrong, Hillside Acres, commented that the amount the City is asking the property owners to pay is more than the value of the property that he lives on and that he would rather be at the end of list or off the list rather than pay the amount the City is asking.
Charles Rehder, Hillside Acres, advised that he was looking at a $30,000 bill and now is looking at a $140,000 bill, which is totally unacceptable.
Charles Davis spoke to the Council about the Ocean Drive loop bluff erosion control improvement, which is a good idea, but only a partial good idea. He noted that there is a whole bluff that is being eroded, not just on Ocean Drive Loop. He commented that when the Elks Club illegally put their fill in several years ago the property on either side of it washed big time and Gene Chavis lost about 30 feet of his backyard in one season. He cautioned the City about fixing one part of this erosion, which would cause the problem to go somewhere else. He encouraged the Council to look at the whole area and go for some federal funds or something, which is what the City has done with the water and sewer. He emphasized that there are a whole bunch of City residents without utilities and this idea of 75/25 is illegal. He advised that he has an old court ruling, but does not believe it has been over turned, that says the City cannot do this kind of thing. He queried how the Council could change this by resolution, when, he believes, it must be done by ordinance. Mr. Davis stated that he would also like to see an election for the people of Homer to see if the people of Homer really want the City to go for this great big annexation thing that they keep insisting they are going to go through with. According to Resolution 00-96 this is an advisory vote, but perhaps the October 3rd election is when everyone in this town ought to vote for annexation by voting on the candidates. He noted that this is a democracy and there are options on the books, the American way of having votes and not the communist way of not having votes, adding that even the communists have votes.
Lou Stewart, Harrington Heights Subdivision, commented on Resolution 00-90 and that he has been told and heard it said that this Resolution is in essence to prompt a reaction, adding that he believes the Council got a reaction here tonight. He noted that this new division of assessments is going to make these projects out of reach for most of the property owners, himself included. He asked the City Council to consider this Resolution seriously and leave the assessment methodology the way it is.
Barbara Petersen addressed the Council regarding Resolution 00-89, Ocean Drive, and thanked the Council for postponing this during the last Council meeting. She noted that the property owners on Ocean Drive Loop have learned a lot these last two weeks and the amended LID and the petition provides a clearer idea of who is involved in the LID, having a proper correlation in signatures and the people in the involved area. She voiced her opinion that Charlie Davis brings up a good point that this is a big picture. If in doing this LID it causes all to look at it and see how to best benefit the lands along the bluff, that is what is important. She stated that she is not sure that the people who were committed to the amended LID will necessarily be able to bear 100% of the cost, but guessed that was something that they will see and look into. She commented that even though she has asked for her properties not to be included in the LID, as reflected in the present amendment, she is still vitally interested in the procedure and the process, and what is worked out with the engineers, COE, and what comes of this LID. She noted that in addition to the erosion the land is very fragile and it is a little bit scary to think of water and sewer, although badly needed in that area. She voiced her opinion that water and sewer needs to be considered and see the effects of the movement of dirt and digging, because this is a very wet land area. She asked that the whole picture be reviewed before making a final decision, because the land all along that area is quite different in what is happening with the ocean forces. She thanked the Council for giving them the opportunity to look at this more seriously and will see where it goes from here.
Dr. Bill Marley advised that his wife, when he was leaving to come to this meeting, asked him to be sure and tell the Council that they'd like the City to pay the 75% and them pay 25%. He stated that he can understand how the City would ask the recipients of the services to pay 75% and the City pay 25%. He relayed, that in all fairness, he had a conversation with a Councilmember today and was told that the funds present in the City to contribute to an extension of the sewer and water system is $1.5 million and there are $7 million on the books that need to be done. $1.5 million is in the range of the 25% figure that would allow the $7 million to be done. He advised that he is the leader of the Salt Water Drive sewer and water LID and that his Homer dream is to build a house on the bluff where that property is with sewer and water. Picturing himself being a Councilmember, he stated that he has to decide how far he can make these dollars go and the only way to make them go as far as possible is to contribute as little as possible and have the payers pay as much as they can. He voiced his understanding and appreciation of that, yet on the other hand finds himself in distinct empathy with the people that say they cannot afford to do that. He voiced his hope, in view of that, that the City would make every stringent effort to use all the engineering tricks they can find to still meet all the code requirements, but to consider doing all seven of these LIDs at one time for a cost savings. He asked if there would be engineering possibilities, such as having septic systems versus doing a system that flows into the whole system and gets treated on down the line. Whatever the case, he stated that his final thought, as he sits here, is that he sees a lot of confusion about what people want and hope for and the fact is that he would sure appreciate it if the City Council would come up with something so that everyone winds up with a course and sense of direction so that these improvements can move forward. He reported that he has been working on the Salt Water Drive LID for six or seven years, forgetting the actual length of time, because it just drags on and on and on. There is always some reason why it won't go or can't go, need to wait for this or wait for that. He voiced a realization that it is difficult to be a Councilmember and to make the decision they have to make and not everyone is going to be happy with it. He voiced his empathy to the Council's position, but nevertheless a decision needs to be made and he is anxious that a decision be made so that people have a constant backboard to bounce against, know how to go and proceed ahead.
Dale Bonderant advised that he is here talking for his brother that owns some land in Binocular Bluff Subdivision. He stated that it is a real pity that this was done in the way it was, to get these people's hopes all up like the City is going to do this. The last time he was at this one meeting and after listening to this Council, he relayed that he told his brother that they were going to be using the outhouse for a long time. He noted that the Council is not prepared to do these things, doesn't have the money, but went out there and got everyone excited. He voiced his opinion that this is a very poor way to do things. He voiced his understanding that this has been done 25/75 in a lot of places, adding that he has land in Kenai and it was done that way there too. When people look at the fact that there is water and sewer out there that people have and that is all that they paid, then they are not prepared to pay any more. Some of those people have not paid all their debt for that water yet. He stated that it is kind of like a sale in which you got in on the right part. He suggested that one of the things that Council is going to have to do to get the confidence of the people is to come up with and show the exact figures of what the City has and what the City can do and maybe come up with a 50/50 or something like that. Springing this on the people after they have been led down a path of 25/75 has lost a lot of confidence with those who support the Council. He concluded that he would like to see the Council come aboard and do something right.
Lance Petersen, Ocean Drive Loop, spoke about Resolution 00-89 and the severe erosion problem that has been going on a really long time, since he moved here some 30 years ago. He stated that he would like the Council to direct their attention to a larger problem of erosion all along that high energy beach from way past the Elks Club to the base of the Spit. There is a lot to do to look at it in a global kind of sense and make something that is not a patch work, but an overall plan.
Don Ronda pointed out that he was here before Homer was a City, was on the City Council or the Planning Commission when they put this 25/75 into effect and was probably one of the best things that ever happened to Homer. He stated that this proposed change is ridiculous and is pretty much Council shooting themselves in the foot as far as annexation is concerned and improvements for the City of Homer. He noted that most of the folks here tonight are saying that they will not be able to afford 75% and this is unfair. Mr. Ronda commented that he has been in both positions and still is, in that for many years on East Hill Road he did not have sewer and water. When the improvements were wanted on East Hill this was done for 25/75 and he was very glad that this happened. Right now he is part of an LID on East Road and that proposal was made for 25/75. He voiced objection to this proposed change. He pointed out a couple of things in the way this Resolution was written: That current assessments on most of these projects is on the 25/75% split with the comment that does not have much basis, that most of these projects were assisted with the basis of the City receiving funds from the State of Alaska, Alaska Department of Environmental Conservation or other state funding and there have been and are no state funds for these projects. He suggested leaning on some of the people that are doing their level best to prevent the cities receiving money from the state. He voiced his opinion that there is a major income area out there that has never been touched. He suggested that instead of trying to nail the permanent fund, why not an income tax for all the people who are working in Alaska that are not paying a dime, yet they are the ones requiring many of these facilities and services for part of the year when they are here working. He stated that he can see a number of different ways of funding this and suggested that the proposal before the Council at the present time be rejected, tonight. A comment made in the whereas, is that if the City had this money they could do these projects by 2001. He emphasized that most of the LID property owners have been waiting a number of years and have not got anywhere yet, and it won't hurt very much to have to wait two or three more years, if such is the case, that these are low on the priority list. He told the Council that if they go with what they presently have, they will have a rebellion on their hands and people are not going to be having these improvements made. He stated that having these improvements made is what raises the tax base in the City of Homer, those improvements also make the services far more economical, because there are more people paying for the services.
Dale Franklin voiced some words of encouragement to the Council and that he sees commitment. He commented on working on one of the Public Works projects and voiced his appreciation of the work. He stated that many people don't see that Council is making an effort and that he does see the effort. He noted that the sewer system will handle what is pumped in and will take it out. He urged the Council to go to the legislature and secure the funds. He agreed that nothing is free in life and suggested a 50/50 ratio. Mr. Franklin pointed out that Homer is "our" City and that everyone is togther on this issue. He commented that his children have to grow up here, that he does not want them to leave, wants them to have a job here, and raise his grandchildren here in Homer, Alaska.
Beryl Myhill reported that she was in Homer before the City incorporated and has lived in Homer a long time. She urged the Council to give the residents of the City of Homer the vote on whether or not to annex Homer's neighbors. She advised that she wants to vote no, against annexation.
Debbie Rutzebeck, Ocean Drive Loop Erosion LID, commented on the erosion proposal, adding that she has not seen the revisement. She voiced agreement with Barbara and Lance Petersen that something be addressed on the large scope of things not just to the small area. Regarding water and sewer, she stated that she would certainly like to say that she has not signed the petition so far is that it is for 100% of cost and that they would not be able to afford this. She noted that there are a lot of things involved on Ocean Loop and that their lot has City water accessibility and that they have put in holding tanks, grey water system, composting toilets and all kinds of things to keep their property simple. She advised that they brought the Soil Conservation Service in to review the property and were very specific indicating that if they started cutting into the bluff that they would possibly create their own erosion problem. Right now, according to Ms. Rutzebeck, they are in a non eroding portion and feel that a great part of this is due to a whole 1000 feet of undeveloped area. She voiced her feeling that once the properties on either side of their property are developed with water, sewer and big foundations there will probably be a eroding bluff problem.
RECONSIDERATION
CONSENT AGENDA
(Items listed below will be enacted by one motion. If separate discussion is desired on an item, that item may be removed from the Consent Agenda and placed on the Regular Meeting Agenda at the request of a Councilmember.)
A. Homer City Council regular meeting unapproved minutes of September 11, 2000. Recommend approval.
B. 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 Freightliner of Alaska, of Anchorage, Alaska in the Amount of $80,516.00 and Authorizing the City Manager to Execute the Appropriate Documents. PWD. City Manager. City Clerk. Fiscal note: Appropriation from Fleet Reserve Acct. 152.5902.383. Recommend adoption.
Memorandum from Public Works as backup.
C. Ordinance 00-31, Of the City Council of Homer, Accepting and Appropriating a Grant of $20,000.00 from the State of Alaska Department of Fish and Game for the Fish Waste Disposal System and Authorizing the City Manager to Execute the Appropriate Documents. Finance. City Manager. Fiscal Note: Revenue and Expenditure Acct. 415.5901.908. Recommend adoption for first reading and introduction and setting the Public Hearing date and Second Reading for October 9, 2000.
D. Resolution 00-97, Of the City Council of Homer, Alaska Awarding the bid for the 2000 Septic Tank Pumping to the Firm of Peninsula Pumping of Soldotna, Alaska in the Amount of $6,950.00 plus $100.00 per Additional Tank and Authorizing the City Manager to Execute the Appropriate Documents. PWD. City Manager. City Clerk. Fiscal Note: Appropriated in Acct. 300.5210.504. Recommend adoption.
Memorandum from Public Works as backup.
WELLES/FENSKE - MOVED TO ADOPT THE RECOMMENDATIONS OF THE CONSENT AGENDA
FENSKE/ - REQUESTED THAT RESOLUTION 00-97 BE PULLED AND PLACED UNDER RESOLUTIONS AS ITEM J.
VOTE:( Items A. - C.) YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, KRANICH.
Motion carried.
VISITORS
ANNOUNCEMENTS/ PRESENTATIONS/ BOROUGH REPORT/ COMMISSION REPORTS
PUBLIC HEARING(S)
A. 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. (First Reading 09/11/00, Public Hearing and Second Reading 09/25/00.)
There was no public testimony.
B. 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. (First Reading 09/11/00, Public Hearing and Second Reading 09/25/00.)
There was no public testimony.
ORDINANCE(S)
A. 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. (First Reading 09/11/00, Public Hearing and Second Reading 09/25/00.)
WELLES/KRANICH - MOVED TO ADOPT ORDINANCE 00-29 BY READING OF TITLE FOR SECOND AND FINAL READING.
There was no discussion.
VOTE: YES: KRANICH, FENSKE, WELLES, YOURKOWSKI, MARQUARDT.
Motion carried.
B. 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. (First Reading 09/11/00, Public Hearing and Second Reading 09/25/00.)
FENSKE/WELLES - MOVED FOR THE ADOPTION OR ORDINANCE 00-30 BY READING OF TITLE FOR SECOND AND FINAL READING.
There was no discussion.
VOTE: YES: MARQUARDT, KRANICH, FENSKE, WELLES, YOURKOWSKI.
Motion carried.
CITY MANAGER' S REPORT
A. City Manager's Report.
B. Bid Report, from City Clerk
COMMITTEE REPORT
Councilmember Fenske gave a brief dissertation on the background of the proposed assessment methodology change in Resolution 00-90.
PENDING BUSINESS
NEW BUSINESS
RESOLUTIONS
A. 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. Postponed on September 11. Main Motion for adoption is on the floor.
Memorandum from City Clerk as backup with Supplemental petition submitted by the property owners with a suggested revised boundary.
MAIN MOTION IS ON THE FLOOR: WELLES/FENSKE - MOVED TO ADOPT RESOLUTION 00-89 BY READING OF TITLE ONLY.
Councilmember Fenske voiced concern regarding those areas not included and if the property owners will be able to stand the cost of these improvements. He commented on the beaches, tidal activity, protection, and the tidal erosion that needs to be addressed for the entire area, for several miles.
WELLES/YOURKOWSKI - MOVED TO ADOPT NOVEMBER 13 IN PLACE OF OCTOBER 23.
VOTE:(primary amendment) YES: WELLES, YOURKOWSKI, MARQUARDT, KRANICH, FENSKE.
Motion carried.
No action is required on the proposed new boundary, this will be submitted to public works with the rest of the information.
Councilmember Cushing emphasized that he agrees with the land owners that consideration must be given to Tract B. during construction and permission from the property owners of Tract B. first before it is disturbed.
Council discussed the lid process, boundaries, and the seriousness of this erosion problem. The storm berm area the City owns west of Mariner Park that contains native vegetation and protection thereof was mentioned. Also noted was that some of the impacted areas tidal erode away and come back and erode away and come back and so on and so forth. It was suggested that this be addressed during the study.
VOTE:(main amended motion) YES: YOURKOWSKI, MARQUARDT, KRANICH, FENSKE, WELLES.
Motion carried.
Mayor Cushing called for a recess at 9:02 pm., reconvening the meeting at 9:13 p.m.
B. Resolution 00-90, Of the City Council of the City of Homer, Alaska Amending the Assessment Methodology for Water and/or Sewer Improvement/Assessment Districts to 75% Property Owner Share and 25% City Share of the Total Project Costs. City Manager.
WELLES/YOURKOWSKI - MOVED TO ADOPT ORDINANCE 00-90 BY READING OF TITLE ONLY.
Finance Director Baugh elucidated the funding from the unexpended sales tax revenue that the voters approved in 1999 for water and sewer improvements. The sales tax generates $250,000 per year, that will fund a bond for about $1.8 million to $2 million at 6% interest. 2009 is when the Sewer Bonds are paid off and more bonds can be issued for water and sewer from the 3/4 of 1% sales tax. A General Obligation Bond requires a voter approval and if they approved a 10 million bond for water and sewer this could be issued just based on the General Fund tax base. Mr. Baugh noted that by adding the $1.8 million or $2 million to the $1.5 million and there is about $3.5 million, he cautioned that then these funds are spent for the next ten years, unless the sales tax goes up dramatically.
Mayor Cushing inquired if to successfully float a General Obligation Bond would there have to be an increase in taxes to guarantee that or could it be done under the current existing taxes.
Finance Director Baugh advised that the budget would have to be rearranged. A $10 million bond would be about $600,000 to pay, which would have to come out of the General Fund or an increase in the property taxes to cover this.
Public Works Director Meyer advised that a cost estimate was done for each LID as an individual stand alone project. He agreed that some cost savings could be realized with combining projects.
Council discussed the money available and that with the 25/75 percent split not all of the projects can be done, but with the 75/25 split all the projects could be done in 2001. The suggestion was made to construct these at the 25/75 beginning with the oldest LID and continue chronologically; the first three done in 2001, Salt Water Drive in 2005, Forest Glen in 2007, East Road/Mattox to East Hill in 2008, Hillside Acres sewer only 2010, Lakeshore Drive West 2012 and Sterling/Hunter/Coyote pending in 2014 and move everything up by two years if Mariner were to drop out, as suggested by the Mayor may be the case. Comment was made on some of the LIDs having more actual residences than others. They discussed plans to conduct a worksession to hammer this matter out and find a way to get these projects done as soon as possible without undue financial hardship to the property owners. Potential grants for distribution/collection systems were mentioned. Council discussed the prior commitment to the property owners regarding the current assessments on most of these LIDs for the 25/75% ratio. Council may consider sending a questionnaire to these property owners to see what they would be willing to contribute. They encouraged property owner participation. The Administration is to set the date for the Worksession.
VOTE: NO: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, KRANICH.
Motion failed.
C. Resolution 00-91, Of the Homer City Council Endorsing and Requesting Grant Funding for the FY 2002 Municipal Capital Project Matching Grant Program. Fiscal Note: Local Share match of $31,131 from General Fund. Mayor. Council.
WELLES/FENSKE - MOVED TO ADOPT RESOLUTION 00-91 BY READING OF TITLE.
Councilmember Marquardt commented that his impression is that this will be the last funding for the Animal Shelter and that the need for a lot may be addressed at the Land Allocation Worksession.
VOTE: YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, KRANICH.
Motion carried.
D. Resolution 00-92, 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. Council.
WELLES/YOURKOWSKI - MOVED TO ADOPT RESOLUTION 00-92 BY READING OF TITLE.
The need for two satellite sewer dump stations was discussed.
WELLES/FENSKE - MOVED TO AMEND RESOLUTION 00-92 TO INCLUDE ITEM NUMBER 6. SATELLITE SEWER DUMP STATIONS (2) AT $60,000.
VOTE:(primary amendment) YES: MARQUARDT, KRANICH, FENSKE, WELLES, YOURKOWSKI.
Motion carried.
VOTE:(main amended motion) YES: KRANICH, FENSKE, WELLES, YOURKOWSKI, MARQUARDT.
Motion carried.
E. Resolution 00-93, Of the Homer City Council Supporting Area Wide Projects. Mayor. Council
KRANICH/WELLES - MOVED FOR THE ADOPTION OF RESOLUTION 00-93 BY READING OF TITLE ONLY.
WELLES/ - MOVED TO AMEND THE RESO TO ADOPT ITEM NUMBER 5 SATELLITE SEWER DUMP STATIONS.
This motion was withdrawn before seconded.
There was a brief discussion on the Volcano Learning Center, that funding and land issues are still being addressed. The EDD is still assisting with this project.
VOTE: YES: YOURKOWSKI, MARQUARDT, KRANICH, FENSKE, WELLES.
Motion carried.
F. Resolution 00-94, Of the Homer City Council Adopting Capital Projects/Legislative Request for Fiscal Year 2002 and Requesting Appropriate Funding. Mayor. Council
WELLES/FENSKE - MOVED TO ADOPT RESOLUTION 00-94 BY READING OF TITLE ONLY.
WELLES/FENSKE - MOVED TO AMEND 00-94 TO INCLUDE ITEM NUMBER 12. SATELLITE SEWER DUMP STATIONS (2) FOR $60,000.
VOTE:(primary amendment) YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, KRANICH.
Motion carried.
VOTE:(main amended) YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, KRANICH.
Motion carried.
Mayor Cushing called for a break at 10:29 p.m., reconvening the meeting at 10:43 p.m.
G. Resolution 00-95, Of the Homer City Council Adopting the "City of Homer Capital Improvement Program 2001 through 2006" as the Official Six Year Capital Improvement Plan for the City of Homer. Mayor. Council
Memorandum from Administrative Assistant as backup.
CIP 2001-2006, Legislative Request 2002 Document
YOURKOWSKI/MARQUARDT - MOVED FOR THE ADOPTION OF RESOLUTION 00-95 BY READING OF TITLE.
VOTE: YES: KRANICH, FENSKE, WELLES, YOURKOWSKI, MARQUARDT.
Motion carried.
Mayor Cushing noted that a page would be added regarding the Satellite Sewer Pump Stations that were amended in by Resolutions 00-92 and 00-94.
H. Resolution 00-96, Of the Homer City Council Calling for a Special Election on November 7, 2000 and Placing an Advisory Vote on the Ballot. Kranich. Will require a special appropriation and preclearance.
KRANICH/MARQUARDT - MOVED FOR THE ADOPTION OF RESOLUTION 00-96 BY READING OF TITLE ONLY.
KRANICH/MARQUARDT - MOVED TO AMEND THE NOW THEREFORE BE IT RESOLVED TO READ BE IT RESOLVED BY THE CITY COUNCIL OF HOMER ALASKA THAT AN ELECTION IS CALLED FOR AT THE 2001 CITY GENERAL ELECTION AND THAT AN ADVISORY VOTE IS TO BE PLACED ON THE BALLOT AS FOLLOWS, THE REST READS THE SAME.
These are the questions proposed in the Resolution:
1. Do you favor the current annexation plan to annex 25.58 square miles? Yes or No
2. If no to question #1 would you favor the annexation of a smaller area? Yes or No
VOTE:(primary amendment) YES: KRANICH, FENSKE, WELLES.
NO: YOURKOWSKI, MARQUARDT,
Motion failed.
There was lengthy discussion regarding special election or regular election and having an advisory vote before the Local Boundary Commission decision or after their decision. There was comment that the question in the resolution may not be pertinent to the findings by the Local Boundary Commission, there may be questions about differential taxation etcetera and there may be more useful and pertinent questions to ask the public. Concern was expressed regarding staff's involvement, because the staff disseminates the information on annexation. Therefore, the staff could be accused of trying to influence an election even if this matter is postponed; however, there are many unknowns.
Councilmember Kranich advised that he may move to postpone this to a November meeting so that the next Council makes this decision.
Staff involvement was again discussed and concern expressed.
Councilmember Yourkowksi reported that in a brief discussion with staff this afternoon he was told that the City Attorney had been contacted and there are some legitimate questions as to whether or not staff could respond to anything if this matter was on the table or postponed.
KRANICH/WELLES - MOVED TO WITHDRAW MOTION ADOPTING RESOLUTION 00-96.
VOTE:(Withdrawal) YES: WELLES, YOURKOWSKI, MARQUARDT, KRANICH, FENSKE.
Motion carried.
I. Agenda addition. Resolution 00-98, Of the City Council of the City of Homer, Alaska Supporting the Kachemak Nordic Ski Club and the Kachemak Heritage Land Trust in their Efforts to Obtain a Grant from the State's Trail and Recreational Access for Alaska (TRAAK) Program for Trail Head Development. Marquardt.
MARQUARDT/YOURKOWSKI - MOVED FOR THE ADOPTION OF RESOLUTION 00-98 BY READING OF TITLE.
Councilmember Marquardt commended the ski club and land trust for their efforts and that they felt a resolution of support by the City would help them to secure funds. As the resolution states a proposed development in the Baycrest Hill Ski area will negatively impact the trail head at Rogers Loop, adding that trail heads provide access to trail systems. Volunteer hours and funding are needed for materials to build a bridge. There are some monies available through the TRAAK. There are no dollars out of the City pockets. The grant is due on the 15th.
Councilmember Yourkowski noted that this is just another example of the City working with a non profit to increase the quality of life for the entire area, even City borders.
Councilmember Marquardt interjected that the Kachemak Nordic Ski Club has had a working relationship with the City for the past three or four years. For two or three years the City has given funding to the ski club, which has helped to develop this relationship. It is important to maintain this relationship for the quality of life this group helps to promote in the area.
VOTE: YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, KRANICH.
Motion carried.
J. Consent Agenda Item. D. Resolution 00-97, Of the City Council of Homer, Alaska Awarding the bid for the 2000 Septic Tank Pumping to the Firm of Peninsula Pumping of Soldotna, Alaska in the Amount of $6,950.00 plus $100.00 per Additional Tank and Authorizing the City Manager to Execute the Appropriate Documents. PWD. City Manager. City Clerk.
Fiscal Note: Appropriated in Acct. 300.5210.504. Recommend adoption.
Memorandum from Public Works as backup.
MOTION IS ON THE FLOOR FROM THE CONSENT AGENDA.
There was discussion regarding additional tank pumping and the area.
Public Works Director Meyer clarified that the contract/project area is Kachemak City and to pump City wide tanks would require another contract. Next year a contract could be written that way.
VOTE: YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, KRANICH.
Motion carried.
COMMENTS OF THE AUDIENCE.
Skip Richards thanked the Council, especially Councilmember Fenske, for all the good information and that they had allayed a lot of his concerns and answered a lot of questions that he did not even know that he had. He told them that this would make a bitter pill easier to swallow, not that he wants to and not that it has changed his opinion. He stated that he is very glad that there is some time to talk about this and hoped that the people that were here do come to the worksession, which is what makes it work. Regarding Forest Glen Subdivision, he voiced concern that this is a subdivision with virtually no houses in it and sits directly between West Homer Elementary and Homer Middle School. These lots are all about one acre lots, just about square which means they have a 200 foot road frontage. He urged the Council to lift the moratorium on splitting these lots, which would certainly assist the property owners paying for the sewer and water. He stated that he did not see how this would change the project cost estimate. He relayed that the Kenai Peninsula Borough has no problem with splitting the lots, provided that the Homer City Council agrees. According to Mr. Richards the original intent of not allowing the subdividing of lots was that the City did not want a lot of people moving in there with illegal septic tanks and wastewater systems, which has not happened over the past twenty six years and probably will not happen. He stated that this is kind of a Catch 22 situation in that if you can flush it they will build. If this subdivision had sewer and water it would build up and probably, quite rapidly. As a recovery value of that property, if the lots were divided each would be valued more than the one acre lots and there would be forty lots instead of twenty lots or some variant thereof. He thanked everyone for their time and effort and that he does appreciate it. He advised that he works in Juneau with the EMS program and has seen a lot of the problems that the Council is facing and complemented the Council on having the courage to do something that the Alaska State Legislature has been unable to do, to address the concern of raising more revenue through increasing the tax base. He thanked the Council for providing the added time to address the LID situation, with the change probably one of the few options left.
Otto Kilcher thanked the Council for all the consideration given on the LID question and that it sounds like the Council is addressing this correctly. He noted that there certainly are a lot of questions and voiced appreciation of the time as well. He commented that his wife sent a letter. He said that he would try to attend the worksessions and noted the dilemmas there are if the lot is worth $30,000 or $40,000. Will it sell for that? He stated that his neighborhood had lots of small lots. He wondered if he should sell his lot now for whatever he can or take a chance that it will actually sell for x amount with his little podunk house on it, which seems like a lose, lose situation. For those that might want water and sewer the 25/75 was a viable, affordable thing. The speculators in all of these neighborhoods are probably hoping for the 25/75 so that they can unload that lot for profit. If it was posed for a vote for 75/25 they are not going to unload that lot for that big of a prices, therefore, they would not vote for the 75/25. If revoted at 75/25 none of it would pass so the Council would have plenty of money for other projects. Mr. Kilcher noted that this would take some thinking and perhaps a General Obligation Bond is the way to go, with everyone kicking in a little. He expressed his opinion that everyone is here to help each other any way and this would make it more affordable. Regarding the bluff erosion, he commented, that twenty years ago in the Homer News....... He continued, well once there was a guy sitting here, Steve Herbert, that came to a meeting with a good idea then and is a good idea now, for the artificial reef, but was not listened. This reef was built out of old cars. This idea had merit then and has merit now. Mr. Kilcher stated that he would leave the Council with this groovy thought.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans is on standby per contract should his services be needed.
COMMENTS OF THE CITY CLERK
City Clerk Calhoun encouraged people to remember to vote next Tuesday.
COMMENTS OF THE CITY MANAGER
Acting City Manager Baugh advised that a City Planner has been hired, Richard Bagley. Mr. Bagley is very qualified and will start October 9th.
COMMENTS OF THE MAYOR
Mayor Cushing reported on the visitors from Russia sponsored by the Rotary Club, on CIRCAC and the Cook Inlet Keeper's endorsement for recertification and the Coastal Policy Council Board of Adjustment type of a meeting on the petition regarding the Anchorage Airport and surrounding wetlands.
He voiced his hope that if there is a move regarding Statewide Income Tax that Don Ronda head that in the Homer area.
COMMENTS OF THE CITY COUNCIL
Councilmembers Fenske, Marquardt and Welles had no comments.
Councilmember Yourkowski stated that he is very glad to have the new Planner on board, adding that planning issues are way behind. He noted that the Planning Commission is two members short, thereby having a quorum problem for many meetings and encouraged the public to apply.
Mayor Cushing advised that there are about twenty people that he routinely asks if they are interested in serving.
Councilmember Kranich stated that this was a good meeting and that if he is still on the Council after the election he will bring back something similar to Resolution 00-96, after the Local Boundary Commission has something back to the City and the information is disseminated to the public. He stated that he feels it imperative that the Citizens of the City have the opportunity to express to the Council their degree of support for annexation.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 11:37 p.m. The next regular meeting is scheduled for October 9, 2000 at 7:30 p.m. in the Homer City Hall Council Chambers.
_________________________________________
MARY L. CALHOUN, CMC, CITY CLERK
Approved: ________________________________