Session 07-10 a Regular Meeting of the Homer City Council was called to order on April 23, 2007 at 7:03 p.m. by Mayor James C. Hornaday at the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

PRESENT: COUNCILMEMBERS: HEIMBUCH, NOVAK, ROBERTS, SHADLE, STARK, WYTHE

STAFF: ACTING CITY MANAGER DEAN

CITY CLERK JOHNSON

PUBLIC WORKS DIRECTOR MEYER

CITY PLANNER MCKIBBEN

Department Heads may be called upon from time to time to participate via teleconference.

Council met as a Committee of the Whole from 4:01 p.m. to 5:14 p.m. Agenda items included: Lobbying Plan for Juneau, Authorizing the Mayor to Vote during City Council Meetings if Less than Six Councilmembers Present, Appointments to City Hall-Town Plaza Review Committee, Council's Goals with Regards to the New City Hall and Regular Meeting Agenda items.

Council met in Worksession from 5:30 p.m. to 6:38 p.m. Agenda item included: Resolution 07-52, Dedicating a Portion of Local Taxable Sales to fund parks, recreation and community schools.

AGENDA APPROVAL

(Addition of items to or removing items from the agenda will be by unanimous consent of the Council. HCC 1.24.040.)

Agenda amended as follows: Announcements/Presentations - Item E. – Mayor’s Proclamation – Emergency Medical Services Week amended to May 20- 26, 2007. Resolutions - add Memorandum 07-70 from Planning Technician Engebretsen, Re: Parks and Recreation Funding Ballot Proposal.

The amended agenda was approved by consensus of the Council.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public may comment on any matter on the agenda except Public Hearing items: Ocean Drive Loop Sewer, Ocean Drive Loop Petersen Addition Sewer, Ordinance 07-13(S) Sensitive Areas, and Resolution 07-52 Dedicating Portion of Local Taxable Sales to Fund a Parks, Recreation, and Community Schools Program.

There was no public comment.

RECONSIDERATION

None.

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 unapproved meeting minutes of April 9, 2007 Regular Meeting. City Clerk. Recommend approval.

B. Resolution 07-51, Of the City Council Approving the City of Homer 2007 Land Allocation Plan. Mayor/Council. Recommend adoption.

C. Resolution 07-57, Of the City Council of Homer, Alaska, Awarding the Design Contract for the South Douglas Place Road Reconstruction and Paving Improvement Project to the Firm of William Nelson and Associates of Kenai, Alaska in the Amount of $9,882.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk. Recommend adoption.

Memorandum 07-63, through City Manager as backup.

D. Resolution 07-58, Of the City Council of Homer, Alaska Awarding the Contract for the Purchase of a Membrane Water Treatment Equipment to the Firm of General Electric – Zenon., of Oakville, Ontario, Canada in the Amount of $1,912,866.00 and Authorizing the City Manager to Execute all the Appropriate Documents. City Manager/Public Works. Recommend adoption.

Memorandum 07-68 through City Manager as backup.

Placed under Resolutions.

E. Memorandum 07-66, From Mayor, Re: Appointment of Trina Fellows to the Public Arts Committee. Recommend confirmation.

F. Memorandum 07-67, From City Clerk, Re: Travel Authorization for Mayor Hornaday, Councilmembers and City Manager to Attend the Alaska Municipal League Legislative Committee Summer Meeting August 9-11, 2007 in Healy, Alaska. Recommend confirmation.

Item D. Resolution 07-58 was placed under Resolutions as Item B.

The Consent Agenda as amended was approved by unanimous consent of the Council.

VISITORS

A. Boy Scout Troop #365

Boy Scouts from Troop #365 introduced themselves to Council.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. Mayor’s Proclamation – Municipal Clerks Week – April 29 – May 5, 2007

B. Mayor’s Proclamation - Public Safety Officers’ Recognition Day – May 11, 2007, Peace Officers’ Memorial Day – May 15, 2007 and National Police Week – May 13 – 20, 2007

C. Mayor’s Proclamation – The Big Read – May 2007

D. Mayor’s Proclamation – National Hospital Week – May 6 – 12, 2007

E. Mayor’s Proclamation – Emergency Medical Services Week – May 6 – 12, 2007

F. Mayor Hornaday’s Letter to the Homer Alaska Tribune for Correction of Misunderstanding

Mimi Tolva, Parks and Recreation Advisory Commissioner, relayed the commission’s support for the parks and recreation division and reported on the commission’s work.

Carol Swartz, Director, UAA Kachemak Bay Campus, related the calendar of events for the Big Read will appear in the Homer News this week.

PUBLIC HEARING(S)

A. Ocean Drive Loop Sewer Final Assessment Roll

Memorandum 07-69 through City Manager.

Brian Anderson, owner of Lot 58 in the Oscar Munson subdivision, testified his stub was placed at two feet. At prior meetings he was told the depth would be six feet, the depth any contractor would use. With the weather and permafrost, two feet is not going to cut it and he does not want to be financially responsible for any problems that may arise.

City Clerk Johnson noted the following corrections to the public hearing notice: Donald McNamara should include the additional dollar amounts for Lots 40 and 34. Christopher and Robin Fischer – two assessments should be reduced to one assessment.

B. Ocean Drive Loop Petersen Addition Sewer Final Assessment Roll

Memorandum 07-69 through City Manager.

City Clerk Johnson noted the decrease of assessments by roughly $700.00.

Lance Petersen, city resident, did not receive the memorandum outlining the assessment adjustments. He questioned the substantially higher cost for lineal foot on this improvement district from the Ocean Drive Loop district. A letter he submitted outlines his objections. The costs are not just about replatting and erasing lot lines, but rather how much costs are allocated to each section.

Mary Lou Kelsey, city resident, owns property in both Ocean Drive Loop and Ocean Drive Loop Petersen Addition districts. She never saw an assessment for the LID as the Petersen addition went in quickly. She is happy to pay her part as they are happy to have sewer. She asked Council to look at the differential in cost, as the addition is significantly more expensive. Her objections are outlined in the letter she submitted.

Public Works Director Meyer explained it was a complicated LID assessment, with huge impacts due to lots being replatted. The original LID was 60 lots when initiated, and in the end 53 lots. The Petersen Addition was originally 16 lots and ended up with 9 lots. Mr. Petersen is arguing that the per lineal foot cost for their portion is higher than the per lineal foot cost of the original LID. After looking at the spreadsheet Public Works Director Meyer identified problems that prompted the memorandum to increase Ocean Drive Loop assessments and decreased Petersen Addition assessments. It did not decrease the Petersen LID enough to remove the argument that the LID’s differ in cost. Petersen Addition was created after Ocean Drive Loop was ongoing and the decision was made to make it separate from the Ocean Drive Loop project. City Council did not approve the request for expansion of the original LID; they approved a new LID. When improvements on the Petersen Addition were identified, the initial costs per lineal foot were lower than the Ocean Drive Loop LID. Costs with the original LID were higher per lineal foot due to deep sewer and various other issues. Most of the costs were straightforward. Difficulty came when deciding how to split mobilization and demobilization between the two LID’s. It was recommended it be split 50/50 between the two LID’s. If the Petersen Addition had not occurred so quickly, they would have paid another portion of the mobilization and demobilization, with a greater increase to the per lineal foot costs.

C. Ordinance 07-13(S), Of the City Council of Homer, Alaska, Repealing Homer City Code Chapter 12.12 in its Entirety and Adding a New Chapter 21.41 for Sensitive Areas Provisions. Planning. (Introduction March 12, 2007, Remanded to the Advisory Planning Commission for further review March 27, 2007, Public Hearing and Second Reading April 23, 2007)

Memorandum 07-64, through City Manager as backup.

(Ordinance 07-13(S) was remanded to the Planning Commission March 27, 2007.)

Main Motion as Amended on the Floor from March 27, 2007: MOTION FOR THE ADOPTION OF SUBSTITUTE ORDINANCE 07-13(S) BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.

There was no public testimony.

STARK/SHADLE - MOVED TO AMEND LINE 162, PAGE 8, CHANGE SECOND PLANNING “DEPARTMENT” TO DIVISION.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

STARK/HEIMBUCH - MOVED TO AMEND PAGE 10, LINE 228, ELEVATION IN RELATION TO SEA LEVEL OR MEAN LOWER LOW WATER, ETC. CROSS OUT THE WORDS “OR MEAN LOWER LOW WATER” BECAUSE ELEVATIONS AND SURVEYING ARE ALMOST ALWAYS RELATED TO SEA LEVEL RATHER THAN MEAN LOWER LOW WATER.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

STARK/SHADLE - MOVED TO AMEND PAGE 17 LINE 467 WHERE IT SAYS THE USE OF FILL FOR STRUCTURAL SUPPORT OF BUILDINGS IS PROHIBITED, ADD THE QUALIFIER: UNLESS COMPACTED TO A DENSITY OF 95% AS MEASURED ON A COMPACTION METER.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

City Planner McKibben commented on an email from Taunnie Boothby, the Flood Program Manager from the State. The FEMA Program specialist John Graves was contacted to review the proposed amendments by both the Planning Commission and Councilmember Stark. Both had no concerns with the amendments, except the latter amendment. They noted the spaces below the base flood elevation in coastal hazard areas is prohibited for human habitation. The 95% compaction standard is correct for A zones and is not allowable in the velocity zones.

Councilmember Stark questioned the bureaucratic terminology that compaction was okay in some areas and not others. To not allow building on compacted soil is extreme hardship on the builder of the structure. He objects to not allowing building on compacted soil.

WYTHE/NOVAK – MOVED TO FURTHER AMEND LINE 7 TO INCLUDE THIS LANGUAGE THAT THEY HAVE HERE: “IS NOT ALLOWABLE IN VELOCITY ZONES”.

Councilmember Shadle questioned what constitutes velocity zones and indicated he has spent a lot of time reviewing the ordinance and has a lot of questions for City Planner McKibben. City Planner McKibben answered the velocity zones are identified on adopted maps. The definition can be read from City Code and she can point to those areas on the maps.

SHADLE/HEIMBUCH – MOVED TO POSTPONE THIS TO THE NEXT MEETING.

HEIMBUCH – POINT OF ORDER (on postponement)

Mayor Hornaday conferred with City Clerk Johnson and ruled the matter could be postponed to the May 14, 2007 meeting.

Mr. Stark defined a velocity zone as building in a creek and the water is rushing by the foundation versus if you are building where the water is rising because of a flood and not washing away the foundation.

VOTE: (postponement) YES. SHADLE, STARK, NOVAK, HEIMBUCH

NO: ROBERTS, WYTHE

Motion carried.

D. Resolution 07-52, Of the City Council of Homer, Alaska Asking the Voters if ¼ of 1% of Local Taxable Sales Should be Dedicated to the Funding of a Parks, Recreation, and Community Schools Program. Heimbuch. Recommend adoption.

Cinda Eckert, President of Homer Hockey Association (HHA), supports the dedication of sales tax to parks and rec. HHA has promoted business to the City by bringing participants to town that use hotels, restaurants and help retail sales. She asked that sales tax and revenue be dedicated to non profits that bring money back into the City.

ORDINANCE(S)

A. Ordinance 07-17, Of the Homer City Council Approving the Sale of the Old Library Building and Property Located on Pioneer Avenue with the Proceeds Being Used to Pay Down the Loan for the New Library Building Fund. Wythe. Recommend Introduction and First Reading and conduct Public Hearing and Second Reading on May 14, 2007.

WYTHE/NOVAK – MOVED FOR THE ADOPTION OF ORDINANCE 07-17 BY READING OF TITLE ONLY.

Council directed the property be subdivided to maximize profits.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Ordinance 07-18, Of the Homer City Council Placing on the October 2, 2007 General Municipal Election Ballot Sales Tax Dedication Propositions for the Funding of Recreation Activity in the Homer Area and Operating Reserves of the City. Heimbuch. Recommend Introduction and First Reading and conduct Public Hearing and Second Reading on May 14, 2007.

Mayor Hornaday called for a motion to adopt Ordinance 07-18 by reading of title only.

HEIMBUCH/NOVAK – MOVED TO ADOPT.

Councilmember Heimbuch appreciates everyone weighing in, for or against the idea, with a lot more testimony as time goes on. It would be beneficial to not bring it to a second reading on May 14^th, and instead have a public hearing on May 14^th, and second reading for the second meeting in July.

HEIMBUCH/ROBERTS – MOVED TO AMEND TO NOT BRING IT TO A SECOND READING ON MAY 14^TH AND INSTEAD HAVE A PUBLIC HEARING ON MAY 14^TH, AND SECOND READING FOR THE JULY 23^rd MEETING.

Councilmember Stark commented the ordinance is total nonsense as the guts of the ordinance are a totally different subject from the title and whereas clauses. The subject is seasonal sales tax, while recreation funding is included in the ordinance. It must be rewritten and submitted at the next meeting.

Councilmember Heimbuch apologized for the lack of preparation and will rewrite the ordinance.

VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VOTE: (main motion) YES. HEIMBUCH, ROBERTS, WYTHE, SHADLE, NOVAK

VOTE: NO. STARK

Motion carried.

CITY MANAGER’S REPORT

A. City Manager’s Report

B. Bid Report

C. Game Report

D. Question of the Week (How can Homer Create more Affordable Housing for Working People?)

Acting City Manager Dean reported on the EPA news release recognizing Homer’s Public Water System for “Excellence in Protecting Public Health” by Providing Safe, Clean Drinking Water. The Library won an award for excellence in environmental quality. A lease agreement between the City and Harbor Leasing LLC may be forthcoming for the next Council meeting.

Councilmember Stark noted a third of the answers on the Question of the Week say the City should lower the property tax rate.

COMMITTEE REPORT

A. Comprehensive Plan Community Advisory Committee

(April 25, 2007 Public Workshop at Homer High School 5:00 p.m. – 8:30 p.m.)

B. Global Warming Task Force

(Regular Meeting April 25, 2007)

C. Public Arts Committee

(Regular Meeting May 17, 2007)

D. Transportation Advisory Committee

(Regular Meeting May 15, 2007)

Councilmember Stark noted the Global Warming Task Force meeting has been changed to May 2, 2007.

PENDING BUSINESS

None.

NEW BUSINESS

None.

RESOLUTIONS

A. Resolution 07-52, Of the City Council of Homer, Alaska Asking the Voters if ¼ of 1% of Local Taxable Sales Should be Dedicated to the Funding of a Parks, Recreation, and Community Schools Program. Heimbuch. Recommend adoption.

HEIMBUCH/NOVAK – MOVED TO TABLE.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Resolution 07-58, Of the City Council of Homer, Alaska Awarding the Contract for the Purchase of a Membrane Water Treatment Equipment to the Firm of General Electric – Zenon., of Oakville, Ontario, Canada in the Amount of $1,912,866.00 and Authorizing the City Manager to Execute all the Appropriate Documents. City Manager/Public Works. Recommend adoption.

Memorandum 07-68 through City Manager as backup.

STARK/SHADLE - MOVED TO APPROVE D. ON THE CONSENT AGENDA.

Councilmember Stark, although in favor of Resolution 07-58, noted the resolution authorizes expenditure of $1.9M on money that has not yet been approved by the Legislature to go in a building on land we do not own.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

COMMENTS OF THE AUDIENCE

Carey Meyer, Public Works Director, commented on the EPA news release, stating the reward belongs to the citizens of the community. Before the Federal government decided to develop the revolving loan fund, Homer dedicated ¾% sales tax for that purpose. It proves the City can pay back Federal low interest loans to extend water and sewer lines, helping the citizens of the community.

Buck Laukitis, Homer Hockey Association member, player and coach, father, sports enthusiast, and Community Schools participant, commented the recreation program will help both youth and adults. It is a serious task and big job for the Council. In addition to the economic benefits derived, social and health benefits are gained. A funding mechanism will create more economic opportunities for the community. He applauded the Council for their work on recent programs and plans approved to include HART (Homer Accelerated Roads and Trails Program) and the Non Motorized Transportation and Trails Plan. The recreation program will be doing more for the community rather than creating a burden.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans was not present.

COMMENTS OF THE CITY CLERK

City Clerk Johnson had no comments.

COMMENTS OF THE CITY MANAGER

Acting City Manager Dean had no comments.

COMMENTS OF THE MAYOR

Mayor Hornaday commented on the Regents visit, stating they come to Homer about every 10 years. It was a good experience. Caroline Venuti went to school with half the Board of Regents, making it homecoming week. The Regents were surprised to have full days of testimony from Homer’s citizens, as in most communities no one shows up.

COMMENTS OF THE CITY COUNCIL

Mayor Pro Tempore Novak commented on Resolution 07-58, that the $1.9M was budgeted out along with the rest of the 20-year project budget. The State will pay $2.6M and the City will pay $4.8M, a total of $7.4M for the entire project. Funds are in line to complete the ongoing project.

Councilmember Stark was happy to run into a friend of his, Bob Martin, who is on the Board of Regents. He was the General Manager of Chugiak Electric when Mr. Stark was on the board 20 years ago. Mr. Martin is a good person, alive and well and doing a wonderful job in Juneau, Alaska.

Councilmembers Heimbuch, Roberts, Shadle and Wythe had no comments.

ADJOURNMENT

There being no further business to come before the Council, Mayor Hornaday adjourned the meeting at 8:06 p.m. The next regular Meeting is scheduled for Monday, Mary 14, 2007 at 7 p.m. and the next Committee of the Whole is scheduled for Monday, May 14, 2007 at 4 p.m. All meetings scheduled to be held in the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

______________________________

JO JOHNSON, CMC, CITY CLERK

Approved: _____________________