9/27/99 - Session 99-17, a Regular Meeting of the Homer City Council was called to order at 7:35 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.
Prior to the Regular Meeting the Council conducted a Worksession from 6:38 p.m. to 7:24 p.m. for an update from Public Works on the Beluga Lift Station and Hazel Avenue Rebuild.
PRESENT: COUNCILMEMBERS: FENSKE, MARQUARDT, PARKS, MATTHEWS, WELLES, YOURKOWSKI .
STAFF: CITY MANAGER DRATHMAN
CITY CLERK CALHOUN
FINANCE DIRECTOR BAUGH
POLICE OFFICER HUTT
PORT DIRECTOR HARBORMASTER ABBOTT
PUBLIC WORKS DIRECTOR MEYER
AGENDA APPROVAL
(Addition of items to or removing items from the agenda will be by unanimous consent of the Council. HCC 1.24.040.)
The agenda was approved by consensus of the Council with the following changes: Substitute Resolution 99-78(S) and Page 1 of the September 13th unapproved meeting minutes. Items B. & C. were pulled from the Consent Agenda. Polster letter with the City Manager response letter were added under City Manager's Report.
The request to substitute Resolutions 99-76(S) and 99-77(S) was not recognized pursuant to the Mayor's request to pull both Resolutions off the Consent Agenda, Items B. & C.
Councilmember Welles requested his Memorandum 99-199
be placed under New Business, regarding confidential memo on zoning violations.
Councilmember Parks objected and suggested this Memorandum be placed on a later agenda.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Asaiah Bates commented on the Call to Order and Pledge of Allegiance, that this is one of the most beautiful, and enlightening and powerful parts of the whole agenda. He advised that he goes to churches and the flag is not saluted. The United States flag is one of the major powers of this country. He voiced is love of saying the Pledge of Allegiance at Council meetings to the greatest country in the world. He noted his appreciation for all of the great work done to bring us to freedom and joy beyond word and that he is as happy as a Meadow Lark.
Suzanne Haines and Ruth Brown, on the Library Advisory Board, were allowed to make their presentation and request that consideration be given to the Library Project and a high priority for the CIP, Legislative Requests and Governor's Matching Grant. The Library's project has been before the Council since 1984. It is time for the Council to focus on the Library to resolve its space constraints and get a larger builder built. The City Manager supports the project and the Library Director is willing to write the grants to find the matching money to build the building. The Governor's Matching grant can be the match for state and federal grants. A multiple page poster was presented for the record full of signatures of those supporting the Library. Without local commitment the Library project can not move forward. Libraries build communities; Communities build libraries.
Jack Polster commented on his two formal requests for police officer's oath of office and the City Manager's response. He thanked Councilmember Marquardt for placing this matter on the agenda and his desire to speak to the record. He voiced his dissatisfaction with the police officers' oath and cited the deficiencies as he sees these with regard to the Constitution of the United States, the Constitution of the State of Alaska and AS 39.05.045. Mr. Polster commented on oaths and affirmations and the requirement of a bond to guarantee performance of the oath. He expressed his opinion that the police officers are City employees only, due to the deficiencies in the oath. He stated that today, a de facto public officer holds merely an employee affidavit, mirroring the public officers' oath. This employee affidavit has several fatal defects: 1) It is not under public seal, 2) It admits to a status of mere employee and 3) It hints of repugnance of the intent of the authors of the Constitution. He suggested that what are now called Homer Police Officers should hereinafter be referred to as Homer City Police Employees. Mr. Polster stated that it is extremely important that he see a sealed oath or evidence to that effect, noting that he is still not satisfied with what was given to him. He submitted a seven page written testimony for the record and to be copied to the Council.
Seymore Mills put forward a question into the record, "Are you officers or employees?" This are two different things. There are such things as employee affidavits and he has seen these in the judicial department with the State of Alaska. He elucidated the differences as he sees these. The state legislature has refused to give oath of office as public record stating that is part of their private personnel file. If these people are public officers they do not have a private personnel file. Mr. Mills referred to the letter Mr. Polster has received that is purported to be from the City Manager, but it is not signed and is called a memorandum. Mr. Mills emphasized that there has to be seals, because government is a cloud, it does not have flesh and blood and the people in it change. That seal is a signature, if there is no seal it has no authority. The oath is a contract between the people and the officers, which is the reason there has to be a bond. Performance bond guarantees, as in AS 39, the party that takes the oath of office will perform. Mr. Mills stated that the copy of the oath of office that Mr. Polster received is worded entirely different than what is required by the constitution. He stated that the oath in the constitution is in quotation marks and therefore must be exact. He suggested that if there is any employee affidavit the Council look at that. Mr. Mills said that in the future he would like to know if the person is an employee or an officer whether City Councilmember or whomever, that it makes no difference.
Margret Seelye inquired if the two substitute resolutions were on the Consent Agenda. She was advised that these were not added and the original two Resolutions were pulled off the agenda.
Charles Davis commented that now it has been seen how the cards have been dealt. Here there is a corporation with employees, no oath of office, and the indemnity clause only pertains when performing official duties. He emphasized that if one is not performing official duties or violating another's constitutional rights then that person does not have indemnity. He stated that he protests 90% of what the City is doing, the lack of due process in this town, protests the unconstitutionality of the City's acts, protest having the armed employees in here in these public meetings for intimidation and since the City wants to do things legally, that's where we'll go.
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 13, 1999. Recommend approval. With substitute page 1.
PULLED UNDER AGENDA APPROVAL: B. RESOLUTION 99-76, Of the City Council of Homer, Alaska Endorsing the Application for a Recreational Trails Matching Grant in the Amount of $15,500 to Build a Gravel Pedestrian/Bicycle Path on Poopdeck Street Between Hazel Avenue and Klondike and on a Donated Easement Between Klondike and Pioneer Avenues. Trails Committee. Recommend adoption.
PULLED UNDER AGENDA APPROVAL: C. RESOLUTION 99-77, Of the City Council of Homer, Alaska Reaffirming the Endorsement of the Homer Trails Committee Application for a Recreational Trails Matching Grant in the Amount of $30,000 for Trails Equipment and the City's Commitment to Maintain Trails and Authorizing the City Manager to Execute the Appropriate Documents. Trails Committee. Match from the City in the form of labor and other maintenance materials. Recommend adoption.
D. Memorandum 99-190, from City Clerk, Re: Surplus Equipment Bid. Recommend acknowledgment.
E. Memorandum 99-191, from Admin. Asst, Re: Airport Terminal General Concession Lease. Annual Revenue of $3,654 to Airport. Recommend approval.
F. Memorandum 99-192, from City Clerk, Re: Request for Public Hearing on the Completed Larkspur Project to hear testimony regarding errors and inequalities. Recommend approval.
G. Memorandum 99-193, from Mayor, Re: Appointment of Tim Moffatt to the Library Advisory Board. Recommend confirmation.
H. RESOLUTION 99-87, Authorizing a Budget Amendment in the Finance and Fire Department 1999 Budgets for the Acquisition of Sweetsoft Ambulance Billing Software. Finance. Transfer from 100.5607.120 to 100.5901.120of $6,000 and Transfer from 100.various.150 to 100.5901.150 of $5,000. noted in Resolution. Recommend adoption.
WELLES/MARQUARDT - MOVED TO ADOPT THE RECOMMENDATIONS OF THE CONSENT AGENDA.
Items B. & C. were pulled during agenda approval.
MARQUARDT/ - PULLED ITEM H. AND PLACED UNDER NEW BUSINESS AS ITEM. A.
VOTE:(Items, A, D, E, F & G.) YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, MATTHEWS, PARKS.
Motion carried.
VISITORS
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS
PUBLIC HEARINGS.
A. W. Lakeshore Water and Sewer Improvement/Assessment District.
Maynard Koffman, the initiator of this district, testified of his support, commented on prior failure of the district and the need for this to be approved now. He noted that it seems kind of funny, to some degree, for an area right in the middle of the City, with the services going right by it, to not have water and sewer.
B. Port/Harbor Tariff Revisions (Action under Resolution 99-78.)
There was no public testimony.
C. CIP/Legislative Requests and Governor's Matching Grant. (Action under Resolutions 99-80, 81, 82, 84 & 85.)
Michael Hawfield, Director of the Pratt Museum, made a couple of comments about the CIP. He stated that the museum and the EDC are exited about the list and further feel that the area wide list is outstanding. He reported on the museum renovation project requirements and explanation. The Museum is a successful organization seeking not to increase or enlarge, but to become more efficient. He reported on the number of visitors to the museum including school children. Mr. Hawfield advised the Council of the rationale behind the exhibit renovation project that will take years to complete and will require considerable effort on fund raising. He stated that the museum's request is an attempt to do a better job for the long term benefit for the community, just as the other projects on the CIP list.
Mr. Hawfield responded to Councilmember Fenske's inquiry, that there are as many as 23 part time employees in the off season, some are full time and nine regular year round employees. The museum pays between $400,00 and $500,00 each year.
Margret Seelye spoke briefly on both issues taken off the Consent Agenda that are both projects for the CIP and asked that both stay on the list; one for trails maintenance equipment and the other a new project, the Poopdeck Street Trail for a paved and lighted Trail. The success of the Spit Trail and soon to be built East Road Trail are putting a larger and larger demand on the equipment the City has, that is sorely inadequate. She reported on the public process involved with the Poopdeck Street Trail and its initiation through the Town Square Committee. Currently funding is being pursued for a gravel trail for the Poopdeck Street Trail.
Derotha Farrero, Director of the Homer Chamber of Commerce, spoke on behalf of the Chamber of Commerce. She reported on the Visitor Information Center project and the status thereof. Another alternative is being explored regarding the old bus barn and a partnering use. She noted the need for the Governor's Matching Grant funding and voiced appreciation for Council's support.
Council thanked her for all her hard work
Mayor Cushing called for a break at 8:38 p.m. reconvening the meeting at 8:46 p.m.
ORDINANCE(S)
A. ORDINANCE 99-17(A), Of the Homer City Council Amending the Homer Code Chapter 1.14, Notice of Meetings, and Section 1.24.040, Bylaws for Council Procedure Regarding Teleconferencing at Council Meetings. Council. City Manager. (First Reading 08/09/99, Public Hearing 08/23/99, Second Reading 09/13/99.)
MATTHEWS/FENSKE - MOVED FOR THE ADOPTION OF ORDINANCE 99-17(A) FOR SECOND AND FINAL READING BY READING OF TITLE ONLY.
Mayor Cushing noted that the intent is for "full meeting participation".
There was some discussion about and concern regarding effective packet distribution to those needing to Teleconference.
Mayor Cushing suggested that the administration forward any procedural matter through amendment to the Council's operating manual.
Council suggested purchasing some "good" teleconferencing equipment.
VOTE: YES: MATTHEWS, PARKS, FENSKE, WELLES, YOURKOWSKI, MARQUARDT.
Motion carried.
CITY MANAGER' S REPORT
A. City Manager's Report.
1. Commendation to the Homer Police Office by the State Troopers
2. Added under agenda approval: Polster letter and City Manager response letter.
B. Bid Report, from City Clerk
COMMITTEE REPORT
A. Port/Harbor Rate Committee Synopsis.
PENDING BUSINESS
A. Memorandum 99-137, from Interim PWD Jonker, Re: Harbor Floats Replacement Project, Proposed Project Scheduled.
Recommendation: 1. Develop a Scope of Work and Proceed with the Pre-Design and Design RFP per the above proposed design schedule.
2. After completion of the design, determine final scope of work for Contractor construction and final construction schedule and advertise the project.
Per Council directive a workgroup was held on Friday, September 17, 1999.
Memorandum 99-196, from Port Director/Harbormaster, as backup.
Postponed on June 14 and June 28th. Main motion is on the floor: WELLES/FENSKE - MOVED FOR THE ADOPTION OF THE RECOMMENDATIONS OF MEMORANDUM 99-137.
MATTHEWS/PARKS/FENSKE - MOVED TO AMEND THAT THE RECOMMENDATION OF MEMORANDUM 99-196 BE SUBSTITUTED FOR RECOMMENDATIONS OF MEMORANDUM 99-137.
VOTE:(amendment 1.) YES: YOURKOWSKI, MARQUARDT, MATTHEWS, PARKS, FENSKE, WELLES.
Motion carried.
The following is what was presented in Memorandum 99-196.
ITEM DESCRIPTION ESTIMATE
1. Provide and install 4 new floats and necessary headfloat extensions in $2,104,800
System 4.
Details: Floats constructed of all weather wood timbers, with foam buoyancy block floatation, anchored by galvanized steel pilings, with water and electrical service and finger floats as per older floats E through J on other side of harbor.
Existing System 6 floats and rampway to be removed as System 4 extension will take up this space. These steel pilings to be salvaged and reused. Existing float DD on System 4 to remain in current location but be relabeled EE. Existing East-West oriented transient float in System 4 to be disconnected from headfloat and reconnected to new extension of headfloat approximately 200 feet to South. The four new floats to be connected to the old headfloat and/or new extensions of the headfloat, to be labeled: BB, CC, DD, and FF with the relocated
transient East to West oriented float (without fingers) to be relabeled GG.
2. Repair/rehabilitate floats E, F, G, H, J and headfloat A from E to J. $500,000
Details: Floats will require new buoyancy blocks, replacement of at least 50% of the anchor piles, plus other minor work to include some fender float repairs.
3. Replace ramp 3 at System 1, serving rehabilitated floats in item 2. above. $ 60,000
Details: Existing ramp is unsafe, too short at 50' and too steep at low tide. To be replaced with a ramp of suitable length, with ramp approach shortened, thus providing suitable angle at low tide.
4. Build new wood grid at Northeast corner of harbor basin, to include support $311,700
pilings, grid caps, vertical rub timbers, catwalk, handrail, ladders, electrical and water service. (Old wood grid to be taken out of service when new grid is operational.)
5. Renovate portion of removed, old System 6 floats and install at end of new BB $45,000
float and connect with water and electrical, to serve as a "service area" for Eco Barge (sewage pumpout "holding tank"), boat wash down location, boat potable water tank filling location.
TOTAL $3,021,500
Contingency 10% $ 302,150
Design 8% $241,720
Inspection & Admin 6% $181,290
NEW TOTAL $3,746,660
POSSIBLE INCLUSIONS (if contingency not needed or other funding materializes):
6. Construct open cell, sheet steel piling bulkhead, approximate length 100 feet, $200,000
located on line with approach to barge ramp on East side of harbor basin to serve as loading/unloading location for vessel gear going into uplands storage in industrial area of harbor.
7. Construct 100 feet of open cell sheet steel piling bulkhead at location of old $200,000
wood grid, to serve as alternate unloading location for fish product and/or fishing vessel gear.
8. Install potable water to the base of floats T, U, V and W in System 2. $ 19,500
(Seasonal use only, drain in winter.)
9. Install potable water to the base of floats P, Q, R, and S in System 1. $19,500
(Seasonal use only, drain in winter.)
Recommended work scope consists of items 1 through 5 above. This is essentially what Jan Jonker had proposed in his attached memo of May 25, 1999 with the major changes being that a new wood grid is built at an underutilized location in the harbor rather than merely rebuilding the old wood grid, and that the existing floats E through J and headfloat A from E to J are rebuilt in place with the new floats provided and installed on the other side. It is recommended that the above work scope be presented to City Council with a request for approval to proceed with the Predesign and Design RFP as per Mr. Jonker's May 25th memo.
Mayor Cushing clarified that the intent is not to spend any more money than what the City has in the TORA.
There was some discussion regarding the list and it was noted that Council is not approving the list but rather the prioritization.
Port Director Abbott noted that the schedule is that same; however, will be starting at a later date in time. He pointed out that two public hearings are required for the TORA.
Mayor Cushing recommended that the public hearing become a requirement of the design engineer during the pre design phase process or prior to bringing the engineer on board.
Port Director Abbott voiced his belief that the public hearings can be one at the same time at the pre design and design RFP decision.
Mayor Cushing clarified that the TORA is not money created out of personal property tax and is not a part of budget.
PARKS/MARQUARDT - MOVED TO AMEND MEMORANDUM 99-196 TO ELIMINATE NUMBER 7 AND INCLUDE THE REBUILDING OF THE BARGE RAMP AND ANY REPAIRS NECESSARY TO THE STEEL GRID.
Port Director Abbott stated that the repair on the Barge Ramp would be about $20,000 or $30,000, repairs to the Steel Grid would be about $15,000 and that neither one a big budget item.
Port Director Abbott advised that there are some safety concerns regarding the Wood Grid.
VOTE:(amendment 2.) YES: PARKS
NO: WELLES, YOURKOWSKI, MARQUARDT, MATTHEWS, FENSKE.
Motion failed.
Mayor Cushing noted that the water to the floats noted in Items 8 and 9 needs to be metered right now. He noted the public comments and contention over the leaking water hoses and subsidies etcetera.
Councilmember Matthews stated that the water either has to be metered or a fee collected from each user to cover the costs.
PARKS/YOURKOWSKI - MOVED TO AMEND NUMBER SIX AFTER LAST SENTENCE COMPLETE REBUILD OF BARGE RAMP AND ANY NEEDED REPAIR TO STEEL GRID. (Amendment 3)
Councilmember Parks stated that a dollar figure needs to be added to cover the work.
Port Director Abbott reiterated that the repairs to the Barge Ramp would be around $20,000 and repairs to the Steel Grid about $15,000. He advised that a total rebuild would be $80,000 to $100,000. The estimated repairs, only above the high water line, would be cropping the rebar all the way down to the extreme low water mark so it is safe to use and filling the eroded concrete areas with epoxy grout above the high water line - minimal repairs that would make the Barge Ramp serviceable.
PARKS/ - MOVED TO FURTHER AMEND TO ADD $100,000 TO THE NUMBER ON NUMBER 6. TO TAKE CARE OF THOSE TWO. (Amendment 4.)
Motion died for lack of a second.
YOURKOWSKI/MARQUARDT - MOVED TO AMEND TO COMPLETE REBUILD OF BARGE RAMP" TO REPAIRS, AS PER THE HARBORMASTER, OF THE BARGE RAMP AND ADD $35,000 TO ACCOMMOIDATE REPAIRS. (Amendment would read: Amend number 6. After the last sentence to repair the barge ramp and $35,000 to accomodate repairs and any needed repair to steel grid.)(Amendment 5.)
VOTE:(amendment 5) YES: MATTHEWS, PARKS, FENSKE, WELLES, YOURKOWSKI, MARQUARDT.
Motion carried.
VOTE:(amended amendment3.) YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, MATTHEWS, PARKS.
Motion carried.
VOTE:(main amended) YES: MARQUARDT, MATTHEWS, PARKS, FENSKE, WELLES, YOURKOWSKI.
Motion carried.
NEW BUSINESS
A. Consent Agenda Item H. RESOLUTION 99-87, Authorizing a Budget Amendment in the Finance and Fire Department 1999 Budgets for the Acquisition of Sweetsoft Ambulance Billing Software. Finance. Transfer from 100.5607.120 to 100.5901.120of $6,000 and Transfer from 100.various.150 to 100.5901.150 of $5,000. noted in Resolution. Recommend adoption.
MARQUARDT/MATTHEWS - MOVED TO ADOPT THE RECOMMENDATION OF RESOLUTION 99-87.
City Manager Drathman noted that this is a shared software between the Fire Department and Finance Department to file claims electronically and that the City would know instantly if there is an error or problem with the claim.
Finance Director Baugh elucidated the need for the software and emphasized that the software has proven to increase collections past the point of paying for itself. In response to a Council he stated that he believed last year the payments were $60,000 to $70,000, but a lot more bills are sent out than that represents. He reported on the Medicaid and Medicare claim processes and potential for error and inadequacies in filing. The Sweetsoft program provides for quicker responses and notification of claim filing deficiencies. This provides a clear line of communication and reporting between the Fire Department and Finance and should eliminate typos. The tracking system the software creates will be extremely beneficial. Training costs will be shared with Sitka.
VOTE: YES: MARQUARDT, MATTHEWS, PARKS, FENSKE, WELLES, YOURKOWSKI.
Motion carried.
RESOLUTIONS
A. Substitute submitted under Agenda Approval: RESOLUTION 99-78(S), Of the Homer City Council of Homer, Alaska amending the Port and Harbor Tariff No. 600, RULE 34.20 Definitions and Charges Wharfage, Rule 34.25 Service Charges and Rule 34.30. Rate Committee. Finance Director.
MATTHEWS/WELLES - MOVED TO ADOPT RESOLUTION 99-78(S) BY READING OF TITLE ONLY.
The following is the revision, the bold underline is the new language and the strike out is what is being deleted.
Under Rule: 34.20 - Definitions and Charges Wharfage
Seafood/fish product Setting a tariff of $3.50 per ton of seafood/fish product across the
dock, regardless of species of 1% of the value of the product
delivered over the dock. No wharfage charge for developing species
Under Rule: 34.25 - Service Charges
(b) Subject to availability, transient vessel may buy 220V and 110V electrical power on a metered basis from October 15 to April 15.
1. There will be a $20 connect/disconnect fee.
2. Metered transient vessels will be charged a meter availability fee of $20 per
month with a one month minimum charge to be applied for shorter connection
periods. Metered vessels will be charged a meter availability fee of $20 a month.
3. There will be an electrical usage charge per kilowatt as determined by the local public utility.
( c) Unless other arrangements have been made in writing with the harbormaster, transient vessels shall be charged the following rates (where metered power is unavailable).
110 volt 220 volt 208 volt/3phase
Daily (or part thereof) $ 6.00 $ 8.00 $ 10.00
Monthly $80.00 $120.00 $150.00
(d) 208 volt/3phase electrical power is available at System 5 on a first come-first served basis, for which vessels will be charged the following rates:
1. There will be an electrical usage charge per kilowatt hour as determined by the local public utility;
2. Vessels will be charged a meter availability fee of $20 per month with a one month minimum charge to be applied for shorter connection periods.
3. There will be a $20 connect/disconnect fee.
Under 34.30 - Fish Dock (below "cold storage" and above "fish dock crane"), add:
Ice Plant Bin Storage $200/month
(roofed-over, open-sided storage bins Minimum two months.
at west end of ice plant building. 4 bins @ 16 X 12 sixteen feet by twelve feet)
Under 34.30 - Fish Dock
Seafood wharfage/Fish product Setting a tariff $3.50 per ton of seafood/fish
product across the dock, regardless of
species. of the value of the product delivered
over the dock. No wharfage charge for
developing species.
The revisions were discussed primarily the change in wharfage to $3.50 per Ton.
Port Director Abbott, to Council's inquiry and concern regarding collection of the wharfage, affirmed that the Port/Harbor Department is aware of what is going on at the harbor. The wharfage is reported to the office by the company involved.
Councilmember Parks asked for the dollar figure of how much has been collected off the Fish Dock other than fish product.
VOTE: YES: YOURKOWSKI, MARQUARDT, MATTHEWS, PARKS, FENSKE, WELLES.
Motion carried.
B. RESOLUTION 99-79, Of the City Council of Homer, Alaska amending the Homer Advisory Planning Commission Bylaws Section C. Regular Meetings. Initiated by Planning Commission. City Clerk.
PARKS/WELLES - MOVED FOR THE ADOPTION OF RESOLUTION 99-79.
Mayor Cushing stated that the Commissioners wanted to move their meeting time up to 7 p.m. from 7:30 p.m.
VOTE: YES: WELLES, YOURKOWSKI, MARQUARDT, MATTHEWS, PARKS, FENSKE.
Motion carried.
C. RESOLUTION 99-80, Of the Homer City Council Adopting the "City of Homer Capital Improvement Program 2000 through 2005" as the Official Six Year Capital Improvement Plan for the City of Homer. Mayor, Council and staff.
MATTHEWS/WELLES - MOVED TO ADOPT RESOLUTION 99-80 BY READING OF TITLE ONLY. (This is the entire CIP document)
Mayor Cushing stated that there are a couple of projects that are starting to get obsolete as other projects gain momentum, such as the recreational park out by Kachemak City. Next year at this time a few of these items can be pulled off the list. He stated that this is a good list of priorities.
VOTE: YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, MATTHEWS PARKS.
Motion carried.
D. RESOLUTION 99-81, Of the Homer City Council adopting Capital Projects/Legislative Request for Fiscal Year 2001 and Requesting Appropriate Funding. Mayor, Council and Staff.
Memorandum 99-194 , from Administrative Assist., as backup. This contains a list of trails for Council consideration for Item six: Soundview Avenue Trail System Phase I, W.R. Bell Trail - Fairview to Reber Road., Eat Trunk Trail, Kachemak Drive Separated Pathway, Beluga Lake Walking and Bike Trail and the Poopdeck Street Right of Way Trail.
PARKS/MATTHEWS - MOVED FOR THE ADOPTION OF RESOLUTION 99-81
List in the Resolution:
1. Bridge Creek Clearwell 1,500,000
2. Pioneer Dock 10,800,000
3. Homer Public Library 850,000
4. DWD Berth #1 Fendering System Upgrade Phase II 325,000
5. Homer Animal Shelter 400,000
6.
7. Mountain View/East Hill Water Main 350,000
10. Harbor Entrance Erosion Project 582,000
11. Downtown Restrooms 180,000
PARKS/YOURKOWSKI - MAKE MOTION TO INSERT THE SOUNDVIEW AVENUE TRAIL INTO NUMBER 6.
There was discussion regarding the amendment.
Margret Seelye, Trails Committee, advised that the Soundview funding has already been approved.
YOURKOWSKI/PARKS/MATTHEWS - MOVED TO AMEND TO CHANGE SOUNDVIEW AVENUE TO POOPDECK STREET RIGHT OF WAY TRAIL.
Margret Seelye stated that the Poopdeck Street Right of Way Trail is estimated to cost $65,000 for a paved trail, but does not cover the donated easement. She advised, pursuant to Council inquiry, that the East Trunk Trail has a lot of easement problems.
There was a concurrence to include the dollar figure of $65,000.
VOTE:(amendment 2.) YES: MARQUARDT, MATTHEWS, PARKS, FENSKE, WELLES, YOURKOWSKI.
Motion carried.
VOTE:(amended amendment 1.) YES: MATTHEWS, PARKS, FENSKE, WELLES, YOURKOWSKI, MARQUARDT.
Motion carried.
YOURKOWSKI/MARQUARDT - MOVED TO AMEND RESOLUTION 99-81 ADD NUMBER 12, KACHEMAK DRIVE SEPARATED PATHWAY, FOR $500,000.
Councilmember Yourkowski commented on the traffic dangers on Kachemak Drive.
VOTE:(amendment 3.) YES: YOURKOWSKI, MARQUARDT, MATTHEWS, PARKS, FENSKE, WELLES.
Motion carried.
CONSENSUS for the City Manager to adjust the $500,000 figure if necessary.
The following are added to the list.
Item 6. Poopdeck Street ROW Trail for $65,000
Item 12. Kachemak Drive Separated Pedestrian Pathway for $500,000.
There was a consensus for the City Manager to adjust the Item 12 dollar figure as needed.
VOTE:(main amended motion) YES: PARKS, FENSKE, WELLES, YOURKOWSKI, MARQUARDT, MATTHEWS.
Motion carried.
E. RESOLUTION 99-82, Of the Homer City Council Endorsing the FY2001 Municipal Capital Project Matching Grant Program and Ranking Local Projects. Mayor, Council and Staff.
Memorandum 99-195 , from Administrative Assist., as backup. This includes the information on the Chamber of Commerce Visitor Information Center, the Public Library and the Animal Shelter,.
MATTHEWS/FENSKE - MOVED FOR THE ADOPTION OF RESOLUTION 99-82 AND PRIORITY ONE AS ANIMAL SHELTER.
Mayor Pro Tem Marquardt called for a recess at 10:50 p.m., reconvening the meeting at 11:20 p.m.
WELLES/MARQUARDT - MOVED TO AMEND THE PRIORITY ONE BE NUMBER ONE CHAMBER OF COMMERCE VISITOR INFORMATION CENTER.
There was a lot of pro and con discussion with regard to the Chamber of Commerce Visitor Information Center and the Animal Shelter.
VOTE:(amendment) YES: WELLES, YOURKOWSKI, MARQUARDT.
NO: PARKS, FENSKE, MATTHEWS.
TIE VOTE: MAYOR: VOTED YES:
Motion carried.
Mayor Cushing voiced a conflict of interest, being on one of the design teams being considered for the Chamber of Commerce Visitor's Center. He handed the gavel to Mayor Pro Tem Marquardt and excused himself from the table.
Motion failed, due to a 3/3 with no tie breaker.
Mayor Pro Tem Marquardt called for a recess at 10:50 p.m., reconvening the meeting at 11:20 p.m.
FENSKE/MATTHEWS - PROPOSED AN AMENDMENT TO THE MOTION THAT WE INCLUDE BOTH PROJECTS BOTH THE CHAMBER PROJECT AND THE ANIMAL SHELTER, FOR THE GOVERNOR'S MATCHING GRANT, TO BE FUNDED $50,000 OF IT FOR THE CHAMBER THE REMAINDER TO ANIMAL SHELTER EACH TO PROVIDE THEIR OWN MATCH.
City Manager Drathman advised that it may be necessary for the City to do a portion of the match for the Animal Shelter or the Animal Friends may do it.
Discussion ensued.
VOTE:(amendment 2.) YES: MATTHEWS, PARKS, FENSKE, WELLES, YOURKOWSKI, MARQUARDT.
Motion carried.
VOTE:( main amended motion) YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, MATTHEWS, PARKS.
Motion carried.
Mayor Cushing returned to the table at 11:28 p.m
F. RESOLUTION 99-83, Of the City Council of Homer, Alaska authorizing the Settlement of $15,000 from Account 400.5210.600 to be paid to Terminal Oil Sales, Inc. and Authorizing the City Attorney to Execute the Appropriate Documents. City Manager.
Memorandum 99-197, from City Manager as backup.
MARQUARDT/MATTHEWS - MOVED FOR THE ADOPTION OF RESOLUTION 99-83.
There were a few comments just to clarify that the City has been released from liability by Chevron USA and that Terminal Oil Sales, Inc. has accepted the City's offer of judgement in the amount of $15,000 and complete satisfaction of all claims against the City of Homer.
VOTE: YES: MARQUARDT, MATTHEWS, PARKS, FENSKE, WELLES, YOURKOWSKI.
Motion carried.
G. RESOLUTION 99-84, 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 and Staff.
YOURKOWSKI/MATTHEWS/FENSKE - MOVED FOR THE ADOPTION OF RESOLUTION 99-84 BY READING OF TITLE ONLY.
1. Bridge Creek Clearwell 1,500,000
2 Bridge Creek Watershed Land Acquisition 2,000,000
3. Mountain View to East Hill Water Main 350,000
4. Utilities - Water and Sewer Extensions-Forrest Glen/ 3,795,634
Saltwater/Thompson/Mariner/Harrington Heights
5. Telemetry & Control Equipment-Phase II 80,000
6. East Road Utilities 324,000
Councilmember Yourkowski emphasized the need for Bridge Creek Clearwell to be number one and
hoped the funding would come through.
VOTE: YES: YOURKOWSKI, MARQUARDT, MATTHEWS, PARKS, FENSKE, WELLES.
Motion carried.
H. RESOLUTION 99-85, Of the Homer City Council Supporting Area-Wide Projects. Mayor, Council and Staff.
Mayor Cushing voiced conflict of interest, being on the potential design team for the Chamber of Commerce and involved in the Homer Senior Center Independent Housing project as well.
The gavel was turned over to Mayor Pro Tem Marquardt.
FENSKE/MATTHEWS - MOVED FOR THE ADOPTION OF RESOLUTION 99-85 BY READING OF TITLE.
Kachemak Bay Campus Facility 6,150,000. Alaska Maritime Visitors Facility/KBNERR 27,000,000.
Pratt Museum Exhibit Renovation - Phase I 250,000.
Chamber of Commerce-Visitor Information Center 100,000.
Homer Senior Center Independent Housing 745,000
North Pacific Volcano Learning Center 15,000,000
Councilmember Fenske noted the importance of these areawide projects and gave a brief description of each. He specifically pointed out the need for a four year college in Homer, referring to the Kachemak Bay Campus Facility.
VOTE: YES: WELLES, YOURKOWSKI, MARQUARDT, MATTHEWS, PARKS, FENSKE.
Motion carried.
Mayor Cushing returned to the table at 11:43 p.m.
I. RESOLUTION 99-86, Of the Homer City Council amending the Council's Operating Manual Regarding Teleconferencing at Council Meetings. Council. City Manager.
MATTHEWS/FENSKE - MOVED FOR THE ADOPTION OF RESOLUTION 99-86 BY READING OF TITLE ONLY.
VOTE: YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, MATTHEWS, PARKS.
Motion carried.
J. RESOLUTION 99-88, Of the City Council of Homer, Alaska Nominating Local Areawide Projects for the STIP. City Manager
Memorandum 99-198, from City Manager as backup.
FENSKE/PARKS - MOVED FOR THE ADOPTION OF RESOLUTION 99-88 BY READING OF TITLE ONLY.
CITY OF HOMER
Bunnel Street/Olson Lane Rehabilitation.
Homer Spit Pedestrian-Bike Trail Extension/Completion.
Heath Street Reconstruction - Connection of Homer High School Parking lot to Pioneer Avenue.
Pioneer Avenue Resurface
End of the Road Wayside Park
AREA WIDE
Sterling Highway MP 157-169 Rehabilitation - Anchor Point to Baycrest Hill.
Baycrest Ski Trailhead - Homestead Trailhead Rehabilitation
Skyline Drive/Diamond Ridge Road
West Hill Road Rehabilitation
City Manager Drathman gave a brief description of each project as outlined in his memorandum
He was thanked by the Mayor and Council for putting together this list.
VOTE: YES: PARKS, FENSKE, WELLES, YOURKOWSKI, MARQUARDT, MATTHEWS.
Motion carried.
FENSKE/PARKS - MOVED TO SUSPEND THE RULES TO CONTINUE THE MEETING UNTIL DONE.
VOTE: YES: MATTHEWS, PARKS, FENSKE, WELLES, YOURKOWSKI, MARQUARDT.
Motion carried.
COMMENTS OF THE AUDIENCE
Robert Keys thanked staff for being so nice to him in getting him information on the meetings and keeping him informed. He voiced objection to spending a lot of time and money on the Barge Ramp that is rarely if ever used. He also issued a caveat on rebuilding regarding the erosion potential. He stated that most barges will do beach landings. The Barge Ramp is narrow and it is difficult to maneuver a vehicle in that area. He inquired if anyone who lives in their boat is assessed a fee for living in the boat harbor. He commented on the logging job he is doing for a man down in Washington, along the Bypass to get beetle killed trees down. The man he is working for relayed had called the City Manager and discussed a potential project and set up an appointment to meet with the City Manager. This gentleman traveled to Homer from Washington to meet with the City Manger regarding this project and that the City Manager would not meet with him and was not accessible. This man tried for a day and a half to get an appointment with the Manager. He stated that he did not know if Mr. Drathman was aware of this or not. Mr. Keys stated that he feels an apology is needed and will give the name, phone number and address to the City Manager.
Leslie Slader, President of Homer Hockey Association, commented on Resolution 99-85 concerning Council's support of areawide projects. She stated that she wanted to refresh Council's memory regarding the Homer Hockey Association and the promotion that is needed for hockey and other community recreation. She asked if this project could be added to the list to get the Homer Hockey Association project off the floor.
Mayor Cushing affirmed that the Homer Hockey Association project is very near and dear to the Council. He offered to do a resolution if one is needed.
Derotha Ferraro thanked the Council for making the Visitor Information Center a priority. She voiced some disappointment in sharing the position and that she did understand the needs of the community and that they are not the only ones needing funding. She thanked the Council for the compromise. She stated that she could not do her job without the assistance of all the volunteers.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans is on standby per contract should Council deem his advice necessary.
COMMENTS OF THE CITY CLERK
City Clerk Calhoun made a none comment.
COMMENTS OF THE CITY MANAGER
City Manager Drathman thanked the efforts of the Department Heads and staff regarding the FY 2000 budget. He reported on the Administrative Assistant, Sheri Hobbs, who also has a myriad of other titles, and the Planning Director's trek through the swamp with DOT, regarding upgrading the Airport. He stated for the record that he does not own the property on the corner, Bypass and Main Street and will contact the man in question, adding that he was not the City Manager the man was trying to meet with.
COMMENTS OF THE MAYOR
Mayor Cushing commented on the good meeting tonight and noted that Council set the direction for the use of the $3.5 million TORA for the harbor. He stated that he has never found the City Manager to be unaccessible. He stated that he found the comments regarding bonds for Public Office and elected officials interesting and if the City has been doing this incorrectly so have about 99.99% of every other municipality. He advised that on behalf of the City of Homer he had welcomed the State Realtors' Association and the KPB Tourism Marketing Council.
COMMENTS OF THE CITY COUNCIL
Councilmember Welles commented on his desire to add Memorandum 99-199, inventory of zoning violations, to the agenda for discussion and Council's objection. He expressed his opinion that this matter should be made public.
Councilmember Fenske thanked the Council for being patient with him.
Councilmember Marquardt reminded everyone to vote next Tuesday.
Councilmember Parks commented on a four year college in Homer and that this will be a social and economic benefit. He stated that this was basically a good meeting. Mr. Parks commented on the action on the TORA, the time put in on the TORA, the worksession, and the productivity of staff and energy to keep things moving. He voiced his appreciation of the City Manager and his accessibility.
Councilmember Yourkowski clarified that not all of the Council decided to not bring Councilmember Welles' memorandum forward, adding that it took just one vote. He encouraged citizens to vote, emphasizing the importance of voting. He also encouraged people to get involved with City government, noting that there are lots of Commissions and volunteer work. Mr. Yourkowski stated that the more the public is involved the more input and representation there is.
Councilmember Matthews suggested everyone go home.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 12:20 a.m. The next regular meeting is scheduled for October 11, 1999 in the City Hall Council Chambers. A worksession is scheduled on the HAWSP at 7:30 on Wednesday, September 29, 1999 in the City Hall Council Chambers.
_________________________________________
MARY L. CALHOUN, CMC/AAE, CITY CLERK