Session 09-17 a Regular Meeting of the Homer City Council was called to order on August 10, 2009 at 7:00 p.m. by Mayor Pro Tempore Dennis Novak 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,                                                                             WYTHE, ZAK

 

                             STAFF:                                         CITY MANAGER WREDE

                                                                                    CITY CLERK JOHNSON

                                                                                    CITY PLANNER ABBOUD           

                                                                                    DEPUTY HARBORMASTER CLARKE

 

Mayor Hornaday has requested excusal.

 

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

 

Council met as a Committee of the Whole from 4:00 to 5:33 p.m. to discuss Agenda and Meeting Management, Memorandum 09-103 from Councilmember Howard, Public Information Program - Upcoming Ballot Proposition regarding Sales Tax Exemption for Unprocessed Foods, Proposed Fairview Avenue Water Extension Project (Ordinance 09-36(S)) and Regular Meeting Agenda items.

                                                                                                                                     

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 following amendments were made: Ordinance 09-37 was pulled. PUBLIC HEARINGS - Ordinance 09-34, Written public comments; CITY MANAGER’S REPORT - Memorandum 09-105, FY 2009 Budget reductions; RESOLUTIONS - Resolution 09-81, Written public comments; Letter from Kachemak Bay Conservation Society, Re: Resolution 09-81 (Final copy).

 

ROBERTS/LEWIS - MOVED TO ADOPT THE AGENDA (AS AMENDED).

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

 

Leonard Wells, city resident, spoke on Resolution 09-83, asking what happens if you don’t sign a contract with the State lease saving $18,000? As to Resolution 09-86, some of the potential money they would be putting in for would be to save for critical jobs, assuming there are non-essential jobs that would be eliminated before any critical job positions.

 

Elise Wolf, Kachemak Bay Conservation Society (KBCS), commented on Resolution 09-81, with concern for the Beluga wetland complex. The Comprehensive Plan fails to protect the habitat that provides watershed and drainage functions. GC2 status next to the conservation area cancels the conservation designation. The Corps of Engineers and DEC fails to protect critical watersheds. It leaves the region exposed to polluting, discharges and filling of wetlands. There are more appropriate parts of Homer available for GC2 development. The criteria fall short of commercial development guidelines. Lambert Lake conversion to GC2 is inconsistent with goals of the Comprehensive Plan. The proposed designations for the Beluga wetland complex ignore or do not appreciate the immeasurable habitat, watershed, economic, drainage and water storage, aesthetic, and wildlife functions of the critical habitat. KBCS would like the City to work with them to acquire the Lambert Lake and other public lands.

 

Councilmember Howard joined the meeting at 7:08 p.m.

 

Elise Wolf, Homer resident, displayed a photo of Stripe the snipe, a Wilson snipe she helped rehabilitate. The bird was raised as a baby and released in the Lambert Lake area. Snipes are fresh water shorebirds that use bog, marsh and wetlands. In viewing the area she found there is little land that is actually wet and good for the shorebirds. There were 50 snipe spotted in the Beluga wetlands last year. Ms. Wolf asked that Council reconsider GC2 in the urban residential designations.

 

Michael McCarthy, city resident, favors the 2008 Comprehensive Plan with the exception of the designations map. Further clarification is needed. As a registered geologist he volunteered as a committee member to develop the plan. He did not want Homer to suffer the same mistakes that have occurred elsewhere. Chapter 4 has been ignored with a conflict between the Comprehensive Plan land use designation map as GC2 in the vicinity of the east end of Kachemak Dr. where development costs are prohibitively expensive. Commercial development would have adverse effects for properties down slope. Classification of the area along East End Road between Mattox Road and Clover Lane proposes dense residential urban development. The use designation ignores Appendix D information. It is probable surface runoff could cause damage if the natural drainage ways are ignored. Mr. McCarthy asked that the two conflicts between the text of Chapter 4 and the Comprehensive Plan use designations map be resolved. He requested an open worksession to clarify the oversights.

 

Roberta Highland, city resident, commented on Resolution 09-81, stating it has taken a long time, but it is an important document that needs to be right. We know the importance of wetlands and how we have to protect them. The Comprehensive Plan is not looking at the importance of that; alternatives must be looked at to protect the wetlands. As the president of KBCS, she is interested in working with the City to develop standards for local wetland protection, adequate setbacks, CUP permits, evaluate community values and wetland assessments, plat notes and deed restrictions. Additionally, city tax incentives for donation of conservation easements and adding sensitive lands designation to the plan are needed. The Beluga wetlands are important to the community and it would be sad to harm or destroy them. Alaska is far behind on other states, many are shocked at some of the behavior Alaska is still allowing.

 

Rika Moew, city resident, commented on Resolution 09-81, being in agreement with past testimony. Letters from her and John outline their concerns. She asked Council to postpone a decision on the Comprehensive Plan until viewing the plan more thoroughly. A worksession was suggested. Her concern is of lands within the Beluga wetland complex to include lands north of the critical habitat area proposed for urban residential and south to Lambert Lake. The land is currently green infrastructure and should not be designated for industrial or high residential. The land along the bluff of Kachemak Drive is cited for transitional residential. The land is overdeveloped at this time and is already fragile. The Comprehensive Plan is not a zoning plan, just a vision for the future.  

 

Bob Shavelson, Executive Director of Cook Inlet Keeper, commented on Resolution 09-81, stating the need to protect special places. Today’s decisions will have repercussion 25 years from now. It is not just about quality of life, but about the economic value we will get out of the community. He encouraged Council to take it slowly and noted the land use map conflicts with language.

 

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 July 27, 2009 Regular Meeting. City Clerk.

 

Mayor Pro Tempore Novak called for a motion for the adoption of the consent agenda as read.

           

ZAK/LEWIS - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

VISITORS

 

None.

 

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH             REPORT/COMMISSION REPORTS

 

PUBLIC HEARING(S)

 

A.        Ordinance 09-32, An Ordinance of the City Council of Homer, Alaska, Amending Homer City Code, Chapter 1.74 Parks and Recreation Advisory Commission, Section 1.74.030 Proceedings of the Commission, Amending the Monthly Meeting Frequency to Monthly Meetings May through September and Bi-Monthly Meetings October Through April. Recommended dates: Introduction July 27, 2009, Public Hearing and Second Reading August 10, 2009.

 

Mayor Pro Tempore Novak opened the public hearing.

 

There was no public testimony.

 

Mayor Pro Tempore Novak closed the public hearing.

           

ROBERTS/LEWIS - MOVED TO ADOPT ORDINANCE 09-32 BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.

 

Mayor Pro Tempore Novak asked that the ordinance be voted down as he is bringing forth an ordinance to move all meetings to bimonthly.

 

ROBERTS/LEWIS – MOVED TO POSTPONE TO THE NEXT MEETING.

 

Brief discussion ensued on voting the ordinance down.

 

VOTE: (postponement) YES. ROBERTS, WYTHE, HOWARD, NOVAK, LEWIS

VOTE: NO. ZAK

 

Motion carried.                                                                                                          

 

B.        Ordinance 09-33, An Ordinance of the City Council of Homer, Alaska, Enacting Homer City Code Chapter 6.16 Establishing a Fee for Police Protection Services. Howard. Recommended dates: Introduction July 27, 2009, Public Hearing and Second Reading August 10, 2009.                                                                                              

 

Mayor Pro Tempore Novak opened the public hearing.

 

Leonard Wells, city resident, said there is nothing to indicate what a call is as to whether a ticket is issued or an officer went to the residence without taking official action. If tickets are issued to non-property owners, if the property owner is not notified each time a strike is issued, how can he know he needs to take corrective action? If tickets aren’t issued to the individuals causing the problem, why should the property owner have financial disadvantage? It is not too hard not to rent to someone.

Donna Rae Faulkner, city resident, supports the ordinance, suggesting Council invite realtors to post a meeting to talk to landlords how they can better screen tenants.

 

Terry Yager, city resident, expressed concern that a lot of the apartments in town would bear the brunt of the calls. He asked for a mechanism for the City to notify the property management companies for time to act prior to any action. Property managers are responsible for rental properties and should be made aware of a problem.

 

Mayor Pro Tempore Novak closed the public hearing.                                                                      

 

Mayor Pro Tempore Novak called for a motion for the adoption of Ordinance 09-33 by reading of title only for second and final reading.

 

HOWARD/ROBERTS - SO MOVED.

 

HOWARD/ROBERTS - MOVED TO MAKE A BLANKET AMENDMENT TO EVERYWHERE THE ORDINANCE REFERS TO EIGHT (8) CALLS TO REDUCE IT TO FIVE (5) CALLS.

 

There was no discussion.

 

VOTE: (amendment) YES. LEWIS, ROBERTS, WYTHE, ZAK, HOWARD, NOVAK

 

Motion carried.

 

WYTHE/HOWARD - MOVED TO AMEND THE SECTION ON LINES 81-83, NOTICE TO PROPERTY OWNER, TO READ THE CITY WILL NOTIFY THE OWNER OF THE RESIDENTIAL PROPERTY AND INSERT “AND THE PROPERTY MANAGER OF RECORD IN WRITING WHEN THERE HAVE BEEN THREE POLICE RESPONSES IN THE CURRENT CALENDAR YEAR TO A SINGLE DWELLING UNIT IN A RESIDENTIAL PROPERTY.”

 

It will give property owners and property managers advance notice prior to the fifth offense. They will know they have a property at risk and can take preventative action. Property owners could sign a waiver to allow property managers to be notified.

 

VOTE: (amendment) YES. NOVAK, LEWIS, ROBERTS, WYTHE, HOWARD

VOTE: NO. ZAK

 

Motion carried.

 

VOTE: (main motion as amended) YES. HOWARD, NOVAK, LEWIS, ROBERTS, WYTHE, ZAK

 

Motion carried.

 

C.        Ordinance 09-34, An Ordinance of the City Council of Homer, Alaska, Amending Homer City Code 21.03.040 to Add Definitions Regarding Small Wind Energy Systems and to Amend the Definition of Public Utility Facility or Structure; amending Homer City Code 21.05.030 to Exclude Wind Energy Systems in the Measurement of Building Height; Amending Homer City Code 21.12.020, 21.14.020, 21.16.020, 21.18.020, 21.20.020, 21.22.020, 21.24.020, 21.26.020, 21.28.020, 21.30.020 and 21.50.040 to Add Small Wind Energy Systems as a Permitted Accessory Use in the Rural Residential, Urban Residential, Residential Office, Central Business District, Town Center District, Gateway Business District, General Commercial One, General Commercial Two, Marine Commercial, Marine Industrial and Bridge Creek Watershed Protection Zoning Districts; Amending Homer City Code 21.12.020, 21.14.040, 21.16.030, 21.18.030, 21.20.020 and 21.22.030 to Add Small Wind Energy Systems with a Rated Capacity Exceeding 10 Kilowatts as a Conditional Use in the Rural Residential, Urban Residential, Residential Office, Central Business District, Town Center District, and Gateway Business District Zoning Districts; Enacting Homer City Code Chapter 21.58 to Establish Standards for Small Wind Energy Systems; and Enacting Homer City Code 21.60.070 Regarding the Effect of Small Wind Energy Systems on Nonconforming Uses and Structures. City Manager/City Planner. Recommended dates: Introduction July 27, 2009, Public Hearing August 10, 2009, Public Hearing and Second Reading August 24, 2009.   

 

Mayor Pro Tempore Novak opened the public hearing.

 

Roberta Highland, city resident, supports alternative renewable energy. Wind energy has pros and cons, making it a good idea to establish standards for small wind energy systems. Although she doesn’t like to disagree with Mayor Hornaday, it is worthwhile for us to check into. Good research is needed for the problems the systems make for birds.

 

Terry Yager, city resident, expressed concern of systems within the city limits and the density issue. He wants more information and encouraged Council to move slow, possibly postponing the ordinance to a later date. The one acre rule limits 90+% of city limits. There are concerns about noise and vibration. He has gone around town and at the city departments has heard comments that make it a tough one. The concept of height and blocking views may not be equitable to what we want for the future of Homer.

 

Elise Wolf, Homer resident, is an advocate for alternative energy and agrees with the last two presenters that it can be a contentious and community wide problem. A functional household size turbine is 40-60 ft, the most functional 60 ft. with no trees, large acreage and a lot of wind. Communities are putting neighborhood installations together out of the viewscapes of other people. There are several models and makes that are quieter, and Council could set rules. Birds and cranes need to be considered. Some wind turbines are designed for the protection of birds.

 

Bob Shavelson, Executive Director of Cook Inlet Keeper, got a good chuckle out of the Mayor’s comments. He is on the slippery slope of regulating properties. With rising energy bills it is important to use their property rights. All energy production has a footprint with tradeoffs. Technologies are improving considerably. The American Wind Energy Association is an excellent source for information. Wind energy complements the Climate Action Plan, and gets us away from fossil fuel.

 

Steve Zimmerman, Homer resident, said the ordinance does not address home built and someone wanting to build one should be able to. We allow huge houses on the beach and Land’s End. As long as something doesn’t go past the existing noise codes there should be no worry. GC1, GC2, and Bridge Creek were left out. He questioned if the systems needed to qualify with Underwriters Laboratories (UL). He questioned why electrical wires need to go underground when HEA has wires strung everywhere. It is adding more unnecessary levels of regulation. Lights with a switch could be placed on windmill towers.  

 

Leonard Wells, city resident, agrees with some of the comments about the Mayor’s comment. The HEA bill is bad looking; the windmill is good looking. We would want airplane control lights.  He encouraged the City to explore the prospect of putting wind systems up on city property.

 

Eric Shryer, Alaska Wind Industries, urged people to search the web for valuable information on wind systems. From Wikipedia the environmental effects of windpower are minor, as there is no fuel, no air pollution, or manufacturing offsets. He lives in Homer and is looking to improve and beautify Homer. Alaska Housing provides people with loans for wind turbines and considers them to be a home improvement that also increases appraisal values.

 

Nadia Daggett, Kenai Peninsula Association for Renewable Energy, has been collecting information on property values and birds. There has been a lot of effort on the ordinance. The systems are UL certified, up to standards with HEA, meaning they will not burn out electrical lines. FAA requires a light on the top of the tower. There have been lawsuits about covenants, but none have materialized. The KPB Mayor is completely supportive, unlike the Homer Mayor. He is trying to push through legislation so more taxes are not charged, even though the systems increase home values. There are misconceptions about large turbines vs. small. Complaints about health, sound, shadow flicker, and home values declining are all related to commercial size wind turbines. In 2030 20% of the utilities will have to use alternative energy. In 2013 HEA will no longer have a contract with Chugach. The small wind turbines will reduce the amount of fossil fuel for the future.

 

Asked about decibels, wind turbines produce 50-60 decibels at the hub. Less than one is produced at the house, making it barely audible.

 

Richard Kreider, Homer resident, wants a wind turbine. It is a sensitive issue and we are on the right path with communication. He asked that the one acre rule be considered and heights be adjusted depending on the density of the neighborhood. His wind turbine would not be visible from the street nor block any of the neighbor’s views.

 

Lyndon Manser stated his daughter Hannah runs the renewable energy project for the State of Alaska with a mandate to do away with carbon base fuel systems. Wind, tidal, geo thermal and hydro electric systems are being explored. As to vision and sound, he has a streetlight on the corner of his house that constantly buzzes and flashes.

Mayor Pro Tempore Novak closed the public hearing.

 

Ordinance 09-34 is scheduled for a second Public Hearing and Second Reading on August 24, 2009.

 

D.        Ordinance 09-35, An Ordinance of the City Council of Homer, Alaska, Amending the FY 2009 Budget by Appropriating $33,000 from the Parks Reserve Account for the Purpose of Completing Construction of Two New Ballfields at Jack Gist Park. City Manager/Public Works Director.  Recommended dates: Introduction July 27, 2009, Public Hearing and Second Reading August 10, 2009. 

 

Mayor Pro Tempore Novak opened the public hearing.                                

 

Bill Bell, city resident and softball coach, offered support of Jack Gist Park as a beautiful venue, currently used for parking and drinking. There is a need to get the end fields fixed in order for the high school to use the area for tournaments. There is a huge growth of the interest in softball. He asked for support to alleviate the crowding at Karen Hornaday Park and improve Homer’s economic impact with more teams and tournaments.

 

Tara Schmidt, city resident, supports finishing the fields at the parks. It is funding an investment into the youth, teaching life skills and overall good citizenship. The addition of the fields will increase opportunities for the girls.

 

Leonard Wells, city resident, is supportive of the project. He hopes some of the nonprofit organizations around the area will consider donations.

 

Shelly Erickson, Homer resident, thanked Council for considering and investing in our girls and other people. 

 

Bob Shavelson, city resident, supports the ordinance that brings benefits to the youth with softball for many years. It is a wonderful part of the community that mixes a diverse group. The area used to be the community land fill and now it has been made a safe place to use. This is supporting the economics of the city.

 

Janet McNary, city resident, supports the ordinance as there are many families and individuals affected by softball. It is a good thing for our town.

 

Mayor Pro Tempore Novak closed the public hearing.

 

Mayor Pro Tempore Novak called for a motion for the adoption of Ordinance 09-35 by reading of title only for second and final reading.

 

WYTHE/LEWIS - SO MOVED. 

 

NOVAK/ROBERTS – MOVED TO AMEND THE ORDINACE TO READ THAT WE WOULD BE APPROPRIATING $23,000 FROM THE PARKS AND RECREATION RESERVE ACCOUNT AND $10,000 FROM THE PARKS AND RECREATION RESERVE FUNDS THAT WERE DESIGNATED FOR THE BISHOPS BEACH PICNIC SHELTER.

 

The amendment will add the same account number and appropriation of funds from the Bishops Beach Picnic Shelter, for a total of $33,000.

 

VOTE: (amendment) YES. ZAK, HOWARD, NOVAK, LEWIS, ROBERTS, WYTHE

 

Motion carried.

 

The fields will likely be reseeded this year and be ready for next year.

 

VOTE: (main motion as amended) YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

ORDINANCE(S)

 

A.        Ordinance 09-37, An Ordinance of the City Council of Homer, Alaska, Accepting and Appropriating a Byrne Memorial Grant from the Department of Justice for the Homer Police Department Active Shooter Training and Enhancement Program in the Amount of $12,000 and Authorizing the City Manager to Execute the Appropriate Documents. City Manager/Police Chief. Recommended dates: Introduction August 10, 2009, Public Hearing and Second Reading August 24, 2009.                      

 

Pulled under agenda approval.

 

CITY MANAGER’S REPORT

 

A.                City Manager’s Report 

 

City Manager Wrede announced we are taking immediate action to reduce expenditures this year including looking at vacant positions on a case by case basis. At the staff meeting on Wednesday, Department Heads will see where they can cut expenses. The Police say they can cut $30,000, as they are down one patrol position and the new police cars get two times the gas mileage of the Crown Vics. We will take a hard look at overtime, with call outs on emergencies only. Travel and training will be suspended. We are not going to wait until next year to decide how to deal with this.

 

Mayor Pro Tempore Novak commented at the possibility of a 10% reduction next year, as we are short $2M and $1M from this year for a total of $3M.

 

B.        Bid Report   

 

                                                                                                           

 

COMMITTEE REPORT

           

A.        Public Arts Committee

 

B.        Transportation Advisory Committee

 

C.        Permanent Fund Committee

 

D.        Lease Committee

 

The Borough has scheduled a meeting for August 18th 1:00 - 3:00 p.m. in the Borough Assembly Chambers located in the Borough Administration Building on Binkley Street in Soldotna. The purpose of the work session is to discuss State transportation funding which will be received by the Kenai Peninsula Borough and to explore available options for the distribution of said funds. 

 

Mayor Pro Tempore Novak called for a recess at 8:31 p.m. and reconvened the meeting at 8:38 p.m.

 

PENDING BUSINESS

 

None.

 

NEW BUSINESS

 

None.

 

RESOLUTIONS

 

A.        Resolution 09-79, A Resolution of the City Council of Homer, Alaska, Amending the Homer Parks and Recreation Advisory Commission Bylaws Regarding Frequency of Meetings and Notice of Absences. City Clerk/Parks and Recreation Advisory Commission.                                      

 

            Memorandum 09-90 from Parks and Recreation Advisory Commission as backup.            

 

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 09-79 by reading of title only.

 

ROBERTS/WYTHE – SO MOVED.

 

WYTHE/ROBERTS - MOVED TO POSTPONE THIS ITEM TO THE NEXT MEETING SO IT’S FOLLOWING THE ORDINANCE THAT IT GOES WITH.

 

There was no discussion.

 

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

Motion carried.

 

B.        Resolution 09-80, a Resolution of the City Council of Homer, Alaska, Urging State of Alaska Representatives to Support H.R. 2256, the “Preserving the American Historical Record” Act and Requesting that Once the Act is Adopted, the Funds be Redistributed to Local Municipalities to Meet the Mandates of Alaska Statute 29.20.380. City Clerk.

                                                                                                                                   

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 09-80 by reading of title only.

 

LEWIS/WYTHE - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

C.        Resolution 09-81, A Resolution of the City Council of Homer, Alaska, Adopting the 2008 Homer Comprehensive Plan and Recommending Adoption by the Kenai Peninsula Borough. City Manager.       

 

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 09-81 by reading of title only.     

                                                           

WYTHE/LEWIS - SO MOVED.

 

Mayor Pro Tempore Novak requested a Worksession be scheduled for August 25th or 27th at 5:00 p.m.

 

WYTHE/ROBERTS - MOVED TO POSTPONE THIS TO SEPTEMBER 14TH WITH A WORKSESSION ON AUGUST 24TH FOR DISCUSSION.

 

Councilmember Howard suggested August 31st for a Worksession from 4:00 – 6:00 p.m. with a second Worksession on September 21st and adoption on September 28th.

 

Mayor Pro Tempore Novak expressed the need for a Worksession in August, allowing for completion of the Comprehensive Plan by the end of September.

 

Councilmember Howard likes the two-hour block to get the momentum going. It may be there is only concern about the land use. A Worksession could be held on September 14th prior to the Regular Meeting. 

 

VOTE: (postponement) NO. WYTHE, ZAK, HOWARD, NOVAK, LEWIS

VOTE: YES. ROBERTS

 

Motion failed.

 

HOWARD/ROBERTS - MOVED THAT WE HAVE A WORKSESSION ON THE COMPREHENSIVE PLAN ON AUGUST 31ST BEGINNING AT 4:00 P.M. TO 6:00 P.M. AND THE SECOND WORKSESSION ON SEPTEMBER 14TH AT 5:30 P.M. AND PLACED ON THE AGENDA ON SEPTEMBER 14TH FOR CONSIDERATION ON ADOPTION.

 

There was no discussion.

 

VOTE: YES. ROBERTS, WYTHE, ZAK, HOWARD, NOVAK, LEWIS

 

Motion carried.

 

City Manager Wrede asked for guidance from Council on structuring the Worksession, including the presence of the City Planner and Planning Commissioners.

 

Land use designations in Chapter 4 is the priority item. The presence of the City Planner and Planning Commissioner Chair Minsch is requested. Minutes of Chapter 4 public hearings is requested.

 

City Planner Abboud stated he will be ready for presentations on land use.

 

Councilmember Zak would like to hear about Lambert Lake and the wetlands, with rural residential being right next to GC1. It is a vision for the future, not code.  

 

Councilmember Howard asked for a timeline on updates of certain items to implement the plan. She would like to know what is adopted in the Comprehensive Plan and how it manifests itself in the Planning Department.

 

A matrix in the back of the Comprehensive Plan lists near term and long term goals.

 

Councilmember Roberts asked for information on public access for beaches to be included in the Comprehensive Plan.

 

Wetlands being protected and their value to the community is a critical point. Storm runoff is intertwined also with more discussion needed. Public Works Director Carey Meyer is requested to attend the Worksession.

 

Residential transitional zones needs discussion. 

 

D.        Resolution 09-82, A Resolution of the City Council of Homer, Alaska, Awarding the Contract for the HERC Building Boiler Replacement Project to the Firm of Sunland Development/Glen’s Mechanical of Homer, Alaska, in the Amount of $26,900.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk.

                                                                                                                                               

            Memorandum 09-98 from Public Works Director as backup.           

 

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 09-82 by reading of title only.     

 

LEWIS/ROBERTS - SO MOVED.

 

The boiler replacement is a cost cutting measure.

 

VOTE: YES. LEWIS, ROBERTS, ZAK, HOWARD, NOVAK

VOTE: NO. WYTHE

 

Motion carried.

 

E.         Resolution 09-83, A Resolution of the City Council of Homer, Alaska, Authorizing the City Manager to Execute a Six-month Contract for Special Services in the Amount of $18,125.00 per Quarter with the Alaska Department of Public Safety. City Manager/Police Chief.                                                                           

 

Memorandum 09-99 from Police Chief as backup.   

 

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 09-83 by reading of title only.                             

 

WYTHE/HOWARD - SO MOVED.

 

The contract will be renegotiated; the State is trying to terminate the contract. The City is losing money on the jail operations and may just break even on services provided by the Troopers.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

F.         Resolution 09-84, A Resolution of the City Council of Homer, Alaska, Awarding the Contract for the High Speed Wireless Internet Service to the Port and Harbor to the Firm of Subconscious Logic of Homer, Alaska, with Subconscious Logic Paying the City of Homer Port and Harbor $50.00 per Month for Use of the Facilities and Utilities and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk.

                                                                                                                                               

            Memorandum 09-100 from Port and Harbor Director as backup.     

 

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 09-84 by reading of title only.     

 

WYTHE/LEWIS - SO MOVED.

 

City Manager Wrede noted there were more benefits to the City than $50 per month. The owner of the company, Tomasz Sulczynski, is a part-time IT employee of the City. The Port did a very good job with the RFP process, using a selection committee and scoring criteria. The company, Subconscious Logic, has to use the facilities to mount antennas and store equipment, thus the $50 per month payment to the City.

 

Matt Clarke, Deputy Harbormaster, explained there are four locations with host antennas to provide comprehensive wireless internet service to the harbor basin. Those locations include the ice plant, ramp 6 restroom facility, the harbormaster’s office, and restroom facility at the load and launch ramp. All access locations will have power for the antennas to power up and broadcast the signal over the harbor basin. The $50 per month payment is in lieu of access and utilities we provide for the antennas.

 

Many harbors have wireless access. It is an economic development boon for local businesses, as fishermen come into town looking for services. Subconscious Logic is offering a free website link to the Port so users of WiFi can quickly identify the Port web link and identify services. Businesses have the opportunity to advertise with the host. Users seeking a charter service, and commercial fisherman negotiating with buyers are tools for the port’s customers. Another possibility is posting of public safety information such as volcanic and tsunami activity, and marine weather forecasts.  

 

Asked if the contract will fit in the new regulations, City Manager Wrede stated he will verify everything is in compliance.

 

VOTE: YES. NOVAK, LEWIS, ROBERTS, WYTHE, ZAK, HOWARD

 

Motion carried.

 

G.        Resolution 09-85, A Resolution of the City Council of Homer, Alaska, Authorizing the City Manager to Issue a Request for Proposals for Auditing Services. City Manager. 

 

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 09-85 by reading of title only.                                                                                                                             

 

ROBERTS/LEWIS - SO MOVED.

 

City Manager Wrede reported there have been no problems with Mikunda Cottrell, auditors for the City for the last 10 years. Under the procurement regulations Council does not have to go out for a new bid. There is a lot of competition and it is good to see what is out there.  

 

Councilmember Wythe asked that the RFP has strict delimiters about the qualifications and references. There are a lot of people doing it, but there are not a lot of people doing it well. City Manager Wrede will be looking at a selection committee, to include councilmembers.

 

VOTE: YES. HOWARD, NOVAK, LEWIS, ROBERTS, WYTHE, ZAK

 

Motion carried.

 

H.        Resolution 09-86, A Resolution of the City Council of Homer, Alaska, Authorizing the City Manager to Submit a Grant Application in the Amount of $163,000 for American Recovery and Reinvestment Act (ARRA / Stimulus) Funding Administered by the Alaska Department of Commerce, Community, and Economic Development and Stipulating that the Grant Application Shall be for _____________. City Manager.

           

            Memorandum 09-101 from City Manager as backup.                                   

Memorandum 09-102 from Port and Harbor Director as backup.

 

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 09-86 by reading of title only.                 

 

WYTHE/ROBERTS - SO MOVED.

 

Discussion ensued on projects for the stimulus funding. City Manager Wrede has not seen the grant application package yet to know the rules.

 

Councilmember Roberts stated that Council worked hard on the CIP list last year choosing the top 15 projects. Those projects would be the most likely ready to complete.

 

Councilmember Wythe would like to see options for additional funding and the probability of acquiring them. Her number one project is the Fire Station that was promised to folks before annexation. Dollar figure estimates are needed for all the projects. Much interest was shown in the Fishing Hole project; those costs are outlined in Memorandum 09-102.

 

ROBERTS/ZAK - MOVED TO POSTPONE THIS RESOLUTION UNTIL THE NEXT MEETING.

 

Councilmember Wythe asked that Resolution 09-86 be on the August 24th Committee of the Whole agenda.

 

VOTE: YES. ZAK, HOWARD, NOVAK, LEWIS, ROBERTS, WYTHE

 

Motion carried.

 

I.          Resolution 09-87,  A Resolution of the City Council of Homer, Alaska Requesting that the Kenai Peninsula Borough Share a Portion of the $16 Million Dollars it Recently Received for Road Maintenance Projects with the Cities Located Within the Borough. City Manager. 

 

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 09-87 by reading of title only.                                                                                         

 

WYTHE/LEWIS – SO MOVED.

The KPB has scheduled a meeting for the road maintenance projects for August 18th in Homer.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

COMMENTS OF THE AUDIENCE

 

Amy Bollenbach, Kachemak Drive resident, provided a laydown of a newspaper article from October 5, 1978 for land use on Kachemak Drive. The Comprehensive Plan of 2008 has a good section on land use that the Planning Commission did not really follow. She hopes we can go back to rural residential and not go to transitional or urban zoning, and that wetlands be preserved to foster better drainage and less erosion. People have a tendency to buy lots on the bay because it’s beautiful and they often build close to the edge, putting septic systems close to the edge, making erosion worse.

 

Leonard Wells, city resident, is bothered by one speaker’s opinion the Comprehensive Plan is planning and not zoning. Everything he heard that refers to planning is what is in the plan. Planning is part of a zoning plan. As to the WiFi award, he asked how much it will cost the casual user to get onto this site and what the electric costs are, if they will be over $50 per month. In Mr. Wells’ business he has WiFi and provides electricity. His customers can get on WiFi for free; if they want bandwidth they have to pay. Items the City was providing should have been included with the packet to show why the $50 per month was acceptable.

 

Monte Wilshusen, Homer resident, explained there was a situation last fall that is continuing. A gentleman had a trailer home that was rotted out and became unlivable. He moved a new one in. A 1982 ordinance states that mobile homes are not allowed in urban residential. Not everyone can afford $200,000 to $300,000 for a home. He moved it in under bad advice from his case manager and not going through the proper procedures. The permit was denied. They are appealing the enforcement program. He was told the City Council is the only one that can change the ordinance by submitting a new one to change the old. Mr. Wilshusen asked for an amendment to exclude the disabled, fixed income or elderly. His friend spent an inheritance from his father and the large dividend to buy a large trailer; there are no loans for those on disability. His property is paid for and his. He doesn’t want to see the man pushed out of his house. Mr. Wilshusen has the experience, knowledge, and tools to salvage materials that his friend doesn’t. It is hard to get involved in improvements wondering if the City will take it all away. There are some that have the money that can afford it and others like himself that cannot. Mr. Wilshusen didn’t choose to be disabled and lives in chronic pain; there is nothing he can do to get away from it. The case manager has given up, but he cannot. He likes the man and helps others that are disabled. Living in a car or tent on his property is the only option if his house is taken away.

 

Mayor Pro Tempore Novak assured Mr. Wilshusen the City Council and City Manager would look into it.

 

Donna Rae Faulkner, city resident, displayed four large posters on the Ocean Drive Loop seawall. They have kept their commitment and are expecting the City to keep theirs. She needs for Council to rescind the ordinance and resolution or make major modifications and delete those that are taking their commitment seriously and doing their work. Mrs. Faulkner presented the Council with a different kind of baked goods (brownies iced as the seawall), six years after the seawall. She asked Council why they would not move to rescind the ordinance. The majority of property owners don’t want it; the leadership of the minority is biased and is not taking it seriously. One year after the ordinance, Homer Citizens for Erosion Control has not yet signed bylaws, talked openly about an operating plan, or prepared a budget. They are not taking it seriously. This fall the City will take another 4% assessment, $2,000 from the Faulkners. It is ridiculous. She wonders what the Council does not see that they are opening the City up for litigation. If money is turned over to the neighbors it will become a litigious issue. Extortion is the money they are asking for under the table for Larry to become a member. Bias, disparate treatment, and discrimination of property owners on the wall are issues. She has a great lawyer, but doesn’t want to pay for her kid’s graduate education.

 

COMMENTS OF THE CITY ATTORNEY

 

Attorney Tom Klinkner was not present.

 

COMMENTS OF THE CITY CLERK

 

City Clerk Johnson reminded the public of the candidacy filing period for two City Council seats.

 

COMMENTS OF THE CITY MANAGER

 

City Manager Wrede commented on the Ocean Drive Loop Seawall tax fund. No money has been distributed to the property owners; one distribution was made that was a settlement to fix serious damage to the wall. Very specific steps need to be taken before disbursement. A budget must be submitted and reviewed by Council with a yearly repair and maintenance plan. Council was presented with a petition that property owners no longer support the tax assessment. City Manager Wrede will need to review compliance with the ordinance.

 

COMMENTS OF THE MAYOR

 

Mayor Pro Tempore Novak appreciates the City Manager’s comments about the seawall money. He doesn’t see any money going out until Council is satisfied things are the way they should be. In response to Monte’s comment about people with disabilities and housing in the urban residential district, it deserves looking into. We have the Comp Plan and if you look at the big picture some of it may get spelled out in the plan. Council talked about two big things, the budget and the fact that it is seriously short and we will have to draw up a budget that will be much less than that in the past with significant reductions. The Comp Plan is to finish up in the last month or so. It will be great to wrap it up before the end of September.

 

COMMENTS OF THE CITY COUNCIL

 

Councilmember Wythe commented on the discussion of the landlord dealing with expenses for excessive reporting. Someone mentioned training for landlords. There are a number of realtors that do property management. She would encourage them to put something together for landlords for education on screening applicants.

 

Councilmember Zak said part of the fee for the seawall is based on the mill rate, affecting the amount those with a senior exemption pay. If that is the case, it was not considered, nor is it fair. Mr. Zak was watching Monte spend the time here waiting and watching his pain as he sat through the whole meeting. There was a gentleman with him earlier. Mr. Zak has heard the story of what he is going through. If there is a way to find compassion at the city level, with a nominal fine and allow the use to continue with stipulations it would be good. Having seen the improvements and pictures of the trailer, he hopes there is something we can do. He hopes the City Manger and City Planner can help. It is not just the poor or handicapped people, but anyone in that situation to carry it forward if they have lived in it for a long time. Mr. Zak used to be a property manager and was thinking after the third incident the costs of time for producing letters and the process of sending letters by certified mail. It is onerous on the property owner and property manager. Knowing there is a fine is enough. The City does not have to get into the property management.

 

Councilmember Roberts was anxious to hear public comments on wind systems, and looks to hear more. There are people sitting in the back of the room that need to be considerate and not have conversations. The conversations come right up to Council, making it disruptive. She is concerned about the budget with the $3M shortfall. People should be helping Council with ideas to save money.

 

Councilmember Howard reminded everyone of the Spit Plan Community Meeting from 3:00 to 5:00 p.m. at Land’s End. She thanked Dennis for carrying out the mayoral duties.

 

ADJOURNMENT

 

There being no further business to come before the Council the meeting was adjourned at 9:50 p.m. by Mayor Pro Tempore Dennis Novak. The next Regular Meeting is scheduled for Monday, August 24, 2009 at 7:00 p.m. The next Committee of the Whole is scheduled for Monday, August 24, 2009 at 4:00 p.m. A Worksession is scheduled for Monday, August 31, 2009 from 4:00 – 6:00 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: _____________________