City Council discusses transportation, consitutional convention

The Homer City Council expresses deep concern at the proposal to hold a constitutional convention

By Charlie Menke • September 15, 2022 1:30 am
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Photo by Michael Armstrong/Homer News Work on a new sidewalk and widening of the street is almost done on Main Street north of Pioneer Avenue on Tuesday, Sept. 13, in Homer. At the Homer City Council meeting on Monday, a blind man, Pat Case, praised the work to make Main Street more accessible, but said more work needs to be done on other streets.
Photo by Michael Armstrong/Homer News Work on a new sidewalk and widening of the street is almost done on Main Street north of Pioneer Avenue on Tuesday, Sept. 13, in Homer. At the Homer City Council meeting on Monday, a blind man, Pat Case, praised the work to make Main Street more accessible, but said more work needs to be done on other streets.

On Monday, Sept. 12 at the Cowles Council Chambers, the Homer City Council convened to discuss matters of transportation, water and sewer, and Alaska’s proposed constitutional convention.

In terms of concrete actions, the council adopted ordinances which will refine city code surrounding property leases, fund the Homer Library’s acquisition of a microfilm reader, as well as settle a long-disputed claim with several city residents over a land damage claim which will have the the city contributing $275,000.

Additionally, the council passed Ordinance 22-51 which amended the fiscal year 2023 Capital Budget by accepting almost $100,000 which will be appropriated from the Capital Asset Repair and Maintenance Allowance (CARMA) Fund for Americans with Disabilities Act improvements.

Council member Donna Aderhold spoke in support of this ordinance, saying, “I just really appreciate that we’re putting these funds towards ADA projects … It’s showing the city’s commitment to moving forward with making these necessary improvements within the city.”

The relevance of such improvements was emphasized by Pat Case, a Homer resident who is 90% blind and has been travelling by foot through the streets of Homer for almost 10 years.

“I am aware of every issue in this town that I trip and fall down on, and I’m sure there are many others like me,” Case said.

While there has recently been a new emphasis on making Homer accessible for everyone, Case stressed that these repairs are in no way superfluous, but are the long overdue duty of the city.

Case also highlighted the recent improvements to Main Street as he spoke for the ADA Compliance Committee.

“I know you’re building the sidewalk on Main Street — thank you, it’s about dang time,” he said. He also recommended work be done to the Nick Dudiak Fishing Lagoon and other streets, such as Svedlund Street.

The $275,000 appropriation to settle a legal case came about when two Homer families sued the city alleging through its negligence the city caused their bluff property on Judy Rebecca Court to erode. Carolyn and Timothy VanZant and their neighbor, Glenda Denton, filed the lawsuit in 2020. The city denied the allegations.

The plaintiffs alleged that in 2017 the city ignored their advice not to clear cut a cul-de-sac on Judy Rebecca Court and that the city allowed Enstar Natural Gas to clear cut a utility easement. Removing vegetation caused the bluff to erode, causing house pilings to tilt and windows to crack in both homes, the families said. In their lawsuit, the VanZants and Denton sought $2 million in damages.

Ordinance 22-52 appropriated $275,000 from the general fund as a contribution to settle the VanZants and Denton lawsuit. The Alaska Municipal League Joint Insurance Association — the city’s insurance company — will contribute another $275,000, for a total of $550,000 to be paid to the plaintiffs. The ordinance authorizes the city manager to negotiate a release and settlement agreement, with the money to be paid as part of that settlement.

The council also introduced Ordinance 22-61, which will update Homer water and sewer rates. Council member Rachel Lord spoke about the ordinance, describing how it was an attempt to satisfy the necessary capital needs to treat water and sewer with the lowest impact to ratepayers.

“It’s utilizing some of the operational fund balance to offset the capital needs that we have and then the budgeted operation maintenance expenses of the water and sewer systems,” Lord said.

Council member Jason Davis also supported the ordinance, saying, “The net effect on the average user is very negligible.”

The ordinance will have a public hearing and second reading on Sept. 26.

Lastly, the majority of discussion centered around resolution 22-067, “A Resolution of the City Council of Homer, Alaska Opposing a Constitutional Convention.”

In the November election, Alaskans will be asked to vote on whether or not they support holding a constitutional convention. The public and the council shared varying perspectives about the idea of a state constitutional convention and the resolution.

Mayor Ken Castner was concerned the constitutional convention could be an opportunity for a large amount of legislation to be passed collectively without individual changes being examined with scrutiny. Moreover, he worried the promise of an annual Alaska Permanent Fund dividend check in the revised constitution could lead citizens to support a rework without looking at its details.

“I’m not afraid of the democratic process, but I am afraid of packaging up a Christmas tree full of things and then promising an annual check for its passage,” Castner said.

Other council members also expressed their concern over a constitutional convention and supported the resolution. However, council member Shelly Erickson advised the resolution be reworded before being adopted.

Eventually, the resolution was revised to say “A Resolution of the City Council of Homer, Alaska Expressing Deep Concern at the Proposal To Hold a Constitutional Convention.”

In regards to the revised resolution, Erickson said, “I feel way more comfortable with that because… we’re taking in everyone’s concerned.” Erickson was the only council member to express being conflicted about voting yes or no to a constitutional convention.

The revised resolution was adopted by unanimous consent.

The next Homer City Council Regular Meeting will take place at 6p.m. on Monday, Sept. 26, in the Cowles Council Chambers.

Photo by Michael Armstrong/Homer News Work on a new sidewalk and widening of the street is almost done on Main Street north of Pioneer Avenue on Tuesday, Sept. 13, in Homer. At the Homer City Council meeting on Monday, a blind man, Pat Case, praised the work to make Main Street more accessible, but said more work needs to be done on other streets.

Photo by Michael Armstrong/Homer News Work on a new sidewalk and widening of the street is almost done on Main Street north of Pioneer Avenue on Tuesday, Sept. 13, in Homer. At the Homer City Council meeting on Monday, a blind man, Pat Case, praised the work to make Main Street more accessible, but said more work needs to be done on other streets.

Photo by Michael Armstrong/Homer News Work on a new sidewalk and widening of the street is almost done on Main Street north of Pioneer Avenue on Tuesday, Sept. 13, in Homer. At the Homer City Council meeting on Monday, a blind man, Pat Case, praised the work to make Main Street more accessible, but said more work needs to be done on other streets.

Photo by Michael Armstrong/Homer News Work on a new sidewalk and widening of the street is almost done on Main Street north of Pioneer Avenue on Tuesday, Sept. 13, in Homer. At the Homer City Council meeting on Monday, a blind man, Pat Case, praised the work to make Main Street more accessible, but said more work needs to be done on other streets.

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