Session 09-10 a Regular Meeting of the Homer City Council was called to order on April 27, 2009 at 7:00 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: HOWARD, LEWIS, NOVAK, ROBERTS, ZAK (telephonic)
ABSENT: WYTHE (excused)
STAFF:
CITY ATTORNEY KLINKNER
FINANCE DIRECTOR HARVILLE
PUBLIC WORKS DIRECTOR MEYER
Councilmember Zak has requested telephonic participation.
Councilmember Zak reported he was in Anchorage attending the district conference for small business development.
Mayor Hornaday ruled telephonic participation for Councilmember Zak and an excused absence for Councilmember Wythe.
By unanimous consent Council approved telephonic participation for Councilmember Zak and an excused absence for Councilmember Wythe.
Department Heads may be called upon from time to time to participate via teleconference.
AGENDA APPROVAL
(Addition of items to or removing
items from the agenda will be by unanimous consent of the Council.
The
agenda was approved by consensus of the City Council.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Frank Griswold, city resident, commented on Ordinance 09-19. He provided a verbal correction to his laydown email, as he had overlooked the map on page 101of the packet that does show the surrounding zoning districts. Some lots adjacent to Ben Walters Lane were included while others were left out. It appears to be both an inclusionary and exclusionary spot zone with 30 lots included to camouflage an illegal spot zoning. What is the public purpose? Kachemak Bay Family Planning Clinic could relocate to any zoning district and expand their own site. There is no justification for rezoning for the clinic, much less the other 29 lots. Once the lots are zoned RO they could be zoned CBD. A majority of property owners have not shown support for the rezone. Property owners that do not comment cannot be put in for the count. The whereas clauses justifying the rezone are bogus. Mr. Griswold read a quote by Richard Settle regarding spot zoning. He concluded the ordinance is procedurally flawed and a legal opinion is needed.
Kevin Hogan, city resident, commented on Ordinance 09-20, questioning the expense of the backup generator for City Hall. KBBI has a backup generator for sale for $20,000 including the building that was originally from the Police Department. The backup generator will be used very little. As to Ordinance 09-15, a street sweeper is greatly needed. He questioned the expense level, as three sweepers could be purchased for the same amount. Mr. Hogan referenced Tom Brokaw’s New York Times article regarding jurisdiction consolidation. The City needs to come up with a mechanism to use equipment for Borough, State and City streets.
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 13, 2009 Regular Meeting. City Clerk.
B. Memorandum 09-46, from Mayor, Re: Reappointment of Hope Finkelstein to the Public Arts Committee and Shelly Erickson and Micheal Neece to the Economic Development Advisory Commission.
Mayor Hornaday called for a motion for the approval of the recommendations of the consent agenda as read.
HOWARD/LEWIS - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VISITORS
None.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION
REPORTS
A. Mayoral Proclamation – Municipal Clerks Week – May 3
through May 9, 2009.
B. City of Homer Federal Funding Requests.
C. United States Department of Agriculture Letter, Re: Formation of a Resource Advisory Committee for the Chugach National Forest.
Mayor Hornaday urged anyone interested in the advisory committee to contact the City Clerk.
PUBLIC HEARING(S)
None.
ORDINANCE(S)
A. Ordinance 09-14, An Ordinance of the City Council of Homer, Alaska, Authorizing the City Manager to Accept and Appropriate American Recovery and Reinvestment Act Funding (ARRA-Stimulus Bill) in the Form of a Loan (100% Forgiven Upon Project Completion) in the Amount of $190,000 for the Purpose of Constructing a Stairway to Access the Mid-Hillside Pressure Reducing Valve (PRV) Station. City Manager/Public Works Director. Recommended dates: Introduction April 27, 2009, Public Hearing and Second Reading May 11, 2009.
Memorandum 09-47 from Public Works Director as backup.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-14 for introduction and first reading by reading of title only.
HOWARD/LEWIS - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Ordinance 09-15, An Ordinance of the City Council of Homer, Alaska, Authorizing the City Manager to Accept and Appropriate American Recovery and Reinvestment Act Funding (ARRA-Stimulus Bill) in the Form of a Loan (100% Forgiven Upon Purchase) in the Amount of $100,000 and Amending the FY 2009 Capital Budget by Appropriating an Additional $15,000 for the Purpose of Purchasing a New Vacuum Sweeper. City Manager/Public Works Director. Recommended dates: Introduction April 27, 2009, Public Hearing and Second Reading May 11, 2009.
Memorandum 09-48 from Public Works Director as backup.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-15 for introduction and first reading by reading of title only.
HOWARD/ROBERTS - SO MOVED.
Councilmember Howard asked City Manager Wrede to explain what the new equipment will do for the town.
City Manager Wrede stated the City’s mechanical sweeper sometimes causes a bigger dust cloud than before. The new machine has advanced vacuuming capabilities that will sweep dust to the middle of the machine and then vacuum it up. It will improve air and water quality. It qualifies under the Stimulus Bill for water quality. The old sweeper will be kept to use for agitating the dirt and sand when still muddy and frozen. The new machine will be quicker and will make better use of Public Work’s time.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Ordinance 09-16, An Ordinance of the City Council of Homer, Alaska, Amending the FY 2009 Capital Budget by Appropriating an Additional $65,000 for a Stage II Snowblower. City Manager/Public Works Director. Recommended dates: Introduction April 27, 2009, Public Hearing and Second Reading May 11, 2009.
Memorandum 09-49 from Public Works Director as backup.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-16 for introduction and first reading by reading of title only.
HOWARD/LEWIS - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
D. Ordinance 09-17, An Ordinance of the City Council of Homer, Alaska, Amending the FY 2009 Capital Budget by Reappropriating $7,120 from the Airport Reserves for the Purpose of Cleaning the Airport Terminal HVAC System and Conduits. City Manager/Public Works Director. Recommended dates: Introduction April 27, 2009, Public Hearing and Second Reading May 11, 2009.
Memorandum 09-50 from Public Works Director as backup.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-17 for introduction and first reading by reading of title only.
LEWIS/HOWARD - SO MOVED.
City Manager Wrede recommended the ordinance be voted down. More information came after the ordinance was written, and it is not needed; it is inappropriate and wrong.
VOTE: NO. ROBERTS, ZAK, HOWARD, NOVAK, LEWIS.
Motion failed.
E. Ordinance 09-18, An Ordinance of the City Council of Homer, Alaska, Amending the FY 2009 Budget by Appropriating $116,075 from the Port and Harbor Reserves for Necessary Repairs at the Deep Water Dock. City Manager/Port and Harbor Director. Recommended dates: Introduction April 27, 2009, Public Hearing and Second Reading May 11, 2009.
Memorandum 09-51 from Port and Harbor Director as backup.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-18 for introduction and first reading by reading of title only.
HOWARD/NOVAK - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
F. Ordinance 09-19, An Ordinance of the City Council of the City of Homer, Alaska, Amending the Homer City Zoning Map to Rezone Portions of the Urban Residential (UR) to Residential Office (RO). City Manager/Planning. Recommended dates: Introduction April 27, 2009, Public Hearing and Second Reading May 11, 2009.
Memorandum 09-52 from City Planner as backup.
Mayor
Hornaday called for a motion for the adoption of Ordinance 09-19 for
introduction and first reading by reading of title only.
LEWIS/NOVAK - SO MOVED.
NOVAK/ROBERTS – MOVED TO POSTPONE INTRODUCTION TO THE FIRST MEETING IN MAY.
Councilmember Novak noted the legitimate questions raised in Mr. Griswold’s laydown comments and asked City Attorney Klinkner to comment.
City Attorney Klinkner reviewed the materials supporting the ordinance, with half of the property owners expressing support. He would appreciate the time to review the ordinance for spot zoning.
Councilmember Roberts requested an attorney review on the spot zoning. On the chart on page 111 of the packet she did not come up with the same count.
VOTE: (postponement) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion
carried.
G. Ordinance 09-20, An Ordinance of the City Council of Homer, Alaska, Amending the FY 2009 Operating Budget by Appropriating Funds in the Amount of $69,000 for the Purchase and Installation of a Backup Generator at City Hall. City Manager. Recommended dates: Introduction April 27, 2009, Public Hearing and Second Reading May 11, 2009.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-20 for introduction and first reading by reading of title only.
HOWARD/NOVAK – SO MOVED.
Asked by Councilmember Novak of the amount of power required, City Manager Wrede deferred the question to Public Works Director Meyer.
Public Works Director Meyer explained he called Homer Electric to find out what type of power the City Hall building would demand. A 50 kw or 60 kw generator is needed to power City Hall with electrical heat. Unlike other City buildings heated with fuel oil, City Hall runs on electric. Mr. Meyer has not explored the feasibility of a used generator, but will do so. City Manager Wrede commented that in an emergency situation, computer, wireless phone, heat and lights were needed.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
H. Ordinance 09-21, An Ordinance of the City Council of Homer, Alaska, Appropriating $30,500 from the Parks and Recreation Reserves for the Purpose of Repairing the Bishop’s Beach Shelter. City Manager/Public Works Director. Recommended dates: Introduction April 27, 2009, Public Hearing and Second Reading May 11, 2009.
Memorandum 09-53 from Public Works Director as backup.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-21 for introduction and first reading by reading of title only.
NOVAK/LEWIS - SO MOVED.
NOVAK/ROBERTS - MOVED TO AMEND THE TITLE TO “APPROPRIATING $15,000 FROM PARKS AND RECREATION RESERVES AND THE BALANCE FROM THE GENERAL FUND.”
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
NOVAK/ROBERTS – MOVED TO AMEND THE NOW, THEREFORE TO CHANGE THE ACCOUNT NUMBER AMOUNT TO $15,000 AND TO ADD IN THE APPROPRIATE GENERAL FUND ACCOUNT FOR THE BALANCE.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
A. City Manager’s Report
City Manager Wrede welcomed Carol Bevis, the new VISTA worker in Homer. She will be working with the Chamber of Commerce and the Economic Development Advisory Commission to work with the Comp Plan and the economic vitality chapter. Carol is looking to get out in the community and meet as many people as she can.
The Fire Department has advised of the following link about the swine influenza: http://www.cdc.gov/swineflu/key_facts.htm. There is a plan in place; hopefully it will not become a pandemic.
In a meeting with KESA last week there were no major agreements, but they did agree on what some of the issues were. Although they didn’t make as much progress as they had hoped, they identified projects and made a list of to-do’s for each side. We may not have a contract by July 1st, as the earliest dispatch can be switched to the Troopers is Oct. 1st.
Asked about the Senior Trail Access, City Manager Wrede deferred to Public Works Director Meyer. Mr. Meyer reported they are looking at several ways to get pedestrian access from the Senior Center to Pioneer Avenue and are considering going through private property to a direct beeline. With the repaving projects along Herndon, it would be great to take advantage of the widened pavement and Svedlund to Pioneer for better access. They want to look at a cheaper way of solving the problem than a wooden trail.
Asked about Resolution 09-46, Mr. Meyer stated it is a housekeeping resolution for Kachemak Dr. Phase II Water and Sewer. There was an opportunity to contract directly with the geotechnical engineer, and we are just getting formal approval from City Council. Lack of authorization has caused a little problem of getting reimbursed through the loan program. With passage of the resolution, we will be in conformance of the Procurement Manual and expectations of the grant administrator.
Asked about losing Fire Department volunteers with the KESA agreement, City Manager Wrede reported we could lose four to seven people. Some volunteers may be members of both the Homer Volunteer Fire Department and KESA. With an agreement, they can be members of both entities.
Freight Dock Road will not receive economic stimulus funding; although road and cruise ship stimulus funds will finish the Spit Trail.
Bob Letson, CEO of South Peninsula Hospital, was asked to comment on the swine flu epidemic. He reported staff has been in contact with the Center for Disease Control and State officials. They have a pandemic flu plan at the hospital and are preparing in terms of mass and type of equipment needed to treat people in the emergency room. Anyone who suspects they may have the flu is advised to wear a mask and stay at least 6 ft. from others; stay home. Although there are no cases in Alaska yet, there are a fair number of people who traveled to Mexico, so it is probable we will have some cases.
B. Bid Report
C. Question of the Week
Mayor Hornaday commented on a
horrible statement made by an anonymous responder, who stated Sarah Palin was
his girlfriend. It is a tremendous compliment to him, but a terrible insult to
Sarah Palin.
COMMITTEE REPORT
A. Public Arts Committee
B. Transportation Advisory Committee
C. Permanent Fund Committee
D. Lease Committee
PENDING BUSINESS
A. Ordinance 08-45, An
Ordinance of the City Council of Homer, Alaska, Amending the FY 2008 Harbor
Reserves Budget by Authorizing the Expenditure of $30,000 for Deep Water Dock
Security Gates. City Manager/Public Works. Introduction August 25, 2008, Public Hearing September 8, 2008, Postponed to
November 24, 2008, March 9, 2009 and April 27, 2009.
Motion on the floor from August 25, 2008: MOTION FOR THE ADOPTION OF ORDINANCE 08-45 FOR INTRODUCTION AND FIRST READING BY READING OF TITLE ONLY.
City Manager Wrede recommended the Council vote the ordinance down as it needs to go away. There is a grant for the work and a new ordinance will be presented.
VOTE: NO. LEWIS, ROBERTS, ZAK, HOWARD, NOVAK
Motion failed.
A. Memorandum
09-54, From Public Works Director, Re: Homer Water Treatment Plant
Improvement Project – Project Status – Authorization to Utilize Entire Loan
Amount.
Mayor Hornaday called for a motion for the approval of the recommendations of Memorandum 09-54.
NOVAK/LEWIS - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
RESOLUTIONS
A. Resolution 09-42, A Resolution of the City Council of Homer, Alaska Extending the Homer Prisoner Meal Service Contract for One Year with the Firm of Homer Senior Citizens, Inc. of Homer Alaska and Authorizing the City Manager to Execute the Appropriate Documents. City Manager/Police Chief.
Memorandum 09-55 from Police Chief as backup.
Mayor Hornaday called for a motion for the adoption of Resolution 09-42 by reading of title only.
LEWIS/HOWARD - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Resolution 09-43, A Resolution of the City Council of Homer, Alaska, Designating Signatories of City Accounts and Superseding any Previous Resolution so Designating. City Clerk.
Mayor Hornaday called for a motion for the adoption of Resolution 09-43 by reading of title only.
NOVAK/HOWARD - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Resolution 09-44, A Resolution of the City Council of Homer, Alaska, Awarding the Contract for the Deep Water Dock Fender Damage Repair to the Firm of Endries Company of Soldotna, Alaska, in the Amount of $116,075 and Authorizing the City Manager to Execute the Appropriate documents. City Clerk.
Memorandum 09-56, from Port and Harbor Director as backup.
Memorandum 09-57, from Public Works Director as backup.
Mayor Hornaday called for a motion for the adoption of Resolution 09-44 by reading of title only.
NOVAK/HOWARD - SO MOVED.
Councilmember Howard commented it is good to find out the damage needed to be repaired before it was found out the hard way.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
D. Resolution 09-45, A Resolution of the City Council of Homer, Alaska, Repealing and Reenacting the City of Homer Personnel Regulations. City Manager.
Memorandum 09-58, from Personnel Director, thru City Manager as backup.
Mayor Hornaday called for a motion for the adoption of Resolution 09-45 by reading of title only.
LEWIS/NOVAK – SO MOVED.
ROBERTS/NOVAK
- MOVED TO AMEND PAGE 243, SECTION 8.71 TO ADD AN ADDITIONAL SENTENCE: THE
DEPARTMENT DIRECTOR WILL MAKE A DETERMINATION AS THE APPROPRIATE ACTION TO BE
TAKEN.
There was no discussion.
VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Councilmember Novak referenced Mr. Griswold’s laydown on Regulation 3.13.2 in regard to temporary employees. He asked that the City Attorney review the correspondence and comment.
Personnel Director Sheri Hobbs explained temporary employees are normally summer hires, for a short time, whereas part time employees are year round and work 20 to 28 hours. Full time and part time employees cannot be hired in the same department. Directors felt they were limiting themselves by not allowing temporary workers. When hired part time you cannot report to, be supervised by, or be audited by a family member. There are eleven regular part time employees whose work week is either 20, 24 or 28 hours. Temporary employees are mainly employed at Parks and Port and Harbor. In the summer there are two police enforcement aides; 15 temporary seasonal employees. We felt we were limiting ourselves for summer hires without having the ability to hire family members.
City Attorney Klinkner commented that Sheri explained the policy very well and he sees no reason for disturbing that.
Councilmember Howard thanked Personnel Director Hobbs for her hard work and the employees that looked at the document for ease of reading. She thanked employees for stepping up to the plate to adjust their shift pays and differential in these economic times.
VOTE: (main motion as amended) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
E. Resolution 09-46, A Resolution of the City Council of Homer, Alaska, Authorizing the City Manager to Proceed with a Direct Contract with the Firm of Duane Miller and Associates, of Anchorage, Alaska, for Geotechnical Engineering Services in the Amount of $72,920, as Part of the Design of the Kachemak Drive Phase II Water and Sewer Project. City Manager/Public Works Director.
Memorandum 09-59 from Public Works Director as backup.
Mayor Hornaday called for a motion for the adoption of Resolution 09-46 by reading of title only.
NOVAK/LEWIS - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
COMMENTS OF THE AUDIENCE
Kevin Hogan, city resident, reported the Economic Development Advisory Commission is thankful for the reappointments of a couple of commissioners. He welcomed Carol to town, and is looking forward to working with her. The Port and Harbor Advisory Commission made a bylaw housekeeping amendment and were talking about adding a bylaw revision to include a Councilmember to facilitate communication.
Tony Arsenault commented that he spoke with Dru at City Hall last week about the disc golf course behind Jack Gist Park. His land is adjacent to the area and lately there has been a lot of activity at the park. He has lived there 15 years. When the ball park was created he asked Council for a buffer zone to prevent softballs from flying at his house. There is a nice fence. Now, in between the fences is where the disc golf course is to be. He has seen lots of people back there lately. A couple Saturdays ago there were people paying paintball and they let off smoke bombs. They covered the whole cul-de-sac for three to four minutes. His concern is a free for all behind his house as there is nobody to police it. He is against the frisbee golf course where it is set up; the people playing frisbee are fine, but he is concerned about vandalism. The KMJG radio station had a tower on Skyline West. They said the City made them remove the tower. Their tower had been annexed into city limits and a neighbor complained about the tower. The City made them take down the tower.
City Manager Wrede responded that he is often the last one to know, but it doesn’t ring any bells with him.
COMMENTS OF THE
City Attorney Klinkner reported in early April there was oral argument before the Supreme Court on the Hillstrand case with a decision to be issued within the next four to six months. In the Kenai Superior Court case, Griswold vs. City, the appeal for the public records request is under advisement. Mr. Klinkner attended the meeting on KESA and found it quite productive, yet all the issues need to be worked out for the transition.
COMMENTS OF THE
City Clerk Johnson had no comments.
COMMENTS OF THE
City Manager Wrede commented the MOU didn’t come back on the Jack Gist disc golf course, as a few issues need more scrutiny. He is aware of Mr. Arsenal’s call, and did alert the police, Public Works and Parks. It is a long, heavily wooded road and a secluded area to Jack Gist Park. Mr. Wrede knew this could happen, as there is not a lot of police patrol of the area. We will have to figure out a way for eyes and ears. He thanked Tom and Holly for their work on the Personnel Regulations, which is a much improved product.
COMMENTS OF THE MAYOR
Mayor Hornaday commented the 3rd graders visited City Hall to meet with him and Jo. The highlight was the questions and comments. He offered congratulations to Daisy Lee Bitter for her lifetime award from the library.
COMMENTS OF THE
Councilmember Novak thanked Sheri, the City Manager and the attorneys for their work on the employee regulations. He wondered why the radio station was not working.
Councilmember Zak commented tonight’s meeting is very easy to listen to on KBBI.
Councilmember Roberts welcomed Carol Bevis; she has seen her at two City meetings already. She is excited water is coming online in May, with improved water quality. Council chairs need WD40 for the Spring.
Councilmember Lewis had no comments.
Councilmember Howard attended the tourism stimulus gathering Jon Faulkner put on. All the folks are sharing ideas and looking for ways to attract visitors to Homer and get tourist dollars. It was very fascinating and well attended.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 8:08 p.m. by Mayor James C. Hornaday. The next Regular Meeting is scheduled for Monday, May 11, 2009 at 7:00 p.m. and the next Committee of the Whole is scheduled for Monday, May 11, 2009 at 4:00 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: _____________________