Session 07-17 a Regular Meeting of the Homer City Council was called to order
on
PRESENT: COUNCILMEMBERS: HEIMBUCH, NOVAK, ROBERTS, STARK, WYTHE
ABSENT: SHADLE (excused)
STAFF: CITY MANAGER WREDE
CITY CLERK JOHNSON
FINANCE DIRECTOR HARVILLE
PUBLIC WORKS DIRECTOR MEYER
Councilmember Shadle has
requested excusal.
Department Heads may be called upon from time to time to participate via teleconference.
Committee of the Whole met from
AGENDA APPROVAL
(Addition of items to or removing items from the agenda will be by unanimous consent of the Council. HCC 1.24.040.)
Approved by consensus of the City Council with the following changes:
Consent Agenda: Comments
from Fire Chief re: Memorandum 07-134
Overslope District Fire and Building Codes. Visitors:
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Public may comment upon any matter on the agenda except Public Hearing items: Ordinance 07-18(S) and 07-18(S-2) Ballot Proposition for Sales Tax Dedication to Recreation Opportunities and Development of Town Center and City Hall; Ordinance 07-27(A) and 07-27(A)(S) Ballot Proposition Approving Debt of $7M for Financing and Constructing New City Hall and Town Plaza; and Ordinance 07-28(A) Regulating Use of Motor Vehicles on Beaches.
Frank Griswold, city resident,
requested a change to the Special Meeting minutes of
RECONSIDERATION
None scheduled.
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.
B. Ordinance 07-26
An Ordinance of the City Council of Homer, Alaska Accepting and Appropriating a New Automated Fingerprint
System Grant in the Amount of $40,946.00 through
the Division of Homeland Security and Emergency Management, Authorizing a Sole Source Purchase to Crossmatch Technologies, Inc. and Authorizing the City Manager or his Designee to Execute the
Appropriate Documents. City Manager/Police Chief.
First Reading
Memorandum 07-124, from Police Chief as backup.
C. Resolution 07-82, A Resolution of the City Council Amending the Homer Accelerated Roads Program (HARP) Policy Manual to the Homer Accelerated Roads and Trails Program (HART) Policy Manual, Incorporating Non-Motorized Transportation and Trail Infrastructure in the Program. City Manager/Parks and Recreation Advisory Commission. Recommend adoption.
Memorandum 07-123, through Public Works and Parks Maintenance as backup.
Moved to Resolutions.
D. Resolution 07-83,
A Resolution of the City Council of Homer,
Memorandum 07-125, from Parks and Recreation Advisory Commission as backup.
Moved to Resolutions.
E. Resolution 07-86, A
Resolution of the City Council of Homer,
Memorandum 07-130, from Police Chief as backup.
F. Memorandum 07-127, From City Clerk, Re: Authorization for Mayor Hornaday to Travel to Washington, D.C. on a Lobbying Trip for the City of Homer, September 2007. Recommend approval.
G. Memorandum 07–134, From City Clerk, Re: Recommending City Council forward Draft Ordinance 21.55 Overslope District to the Homer Advisory Planning Commission for their Consideration, Input and Adoption. Recommend approval.
Moved to New Business.
The Consent Agenda as amended was approved by consensus of the City Council.
VISITORS
A. David Scheer
– Jerry Yudelson's
visit/schedule/talk, 5 min.
David Scheer announced the
B.
Mayor John Williams – Update on
Kenai Peninsula Borough Mayor John Williams provided assurance the
Borough has no intent to sell or merge the hospital with any other unit. It
will remain as South Peninsula Service Area and hospital. There are no plans to
merge management and the service area; administration’s intent is to leave it
in the same manner. Mayor Williams explained the authority of the Service Area
Board is misunderstood and has been argued for many years. A Supreme Court
decision in 1993 ruled service areas have no authority except through the
Borough Assembly and can be withdrawn at any time. Due to situations at
South
Mayor Williams said he stepped up to the plate for Phase I, and took
responsibility for finishing development of the hospital. The document
associated with the Certificate of Need was not timely, a violation of State
Statutes. The financial condition of the hospital would have been jeopardized
along with the credibility of the Kenai Peninsula Borough. As to negotiations
for operation of the hospital, there is no other operator on the horizon. There
will be negotiations with the present hospital operating board. There will be
discussion with the Service Area Board before finalizing the contract with the
operating board. The Homer City Council will approve only the lease agreement
on the land.
Mayor Williams answered questions from the Council and public on
hospital matters:
In contract negotiations more than two people cannot negotiate the
contract; only the owner and operator will negotiate. The Homer City Council
has no play in the game since SPH is a Borough operation. A new contract is
expected to be in place by April 2008. Per the 1993 Supreme Court opinion, the
Service Area Board derives its authority from the Assembly.
Asked if there will be a deterioration of services, Mayor Williams
responded that depreciation must become part of the bottom line to allow for
replacement of major pieces of depreciated equipment. The facility will be
doubling in size by moving into a $50M facility. A good business plan must be
in place; it will require a lot more money to support the hospital. We cannot
continue to lay the responsibility for subsidy on the taxpayers. The mill rate
will be 2.65 mills, a high rate; it will be dismissed in twenty years. We must
be careful about how we subsidize the hospital; better billing records,
readjusting rates, and a better approach to Medicaid and Medicare.
Asked why the ordinance was not introduced here so people could
testify, Mayor Williams responded immediate removal of the 90-day requirement
to take things back from the Service Area Board was desired. He was pleased to
settle with the KPB Assembly on a 30-day take back. If there had been an
additional 30-day delay to introduce the ordinance in September construction
issues could not have been handled timely. KPB Assembly members have the
Borough at heart in their 7-2 vote.
Council noted the lack of public information and the roots of reasoning
of the ordinance. There is indication
The Borough has contacted with the Hospital Operating Board who is
responsible for managing the hospital unless the contract elements are broken.
If broken, the Borough can step in and cancel the contract. They are looking
for a good, tight contract agreeable to all. The Service Area Board is advisory
to the Assembly. Elected officials have the authority to determine what goes on
with assets. Under State Statute and Constitutional rule the ultimate authority
rests with the KPB.
Frank Griswold asked if there were plans to apply for a zoning permit
for Phase II, since the KPB did not obtain a zoning permit for Phase I. City
Manager Wrede explained in Phase I there was a Conditional Use Permit with a
condition that the setback for the deck was to be fixed. There was a plat
agreement with the prior administration; land was transferred, property lines
were removed, but they neglected to do the deck. There will be a replat and an after-the-fact zoning permit.
Gary Thomas commented in 1984 ruling powers were delegated from the KPB
to the Service Area Board. Concern is around the level of service. He asked who
is going to make decisions as to the level of service the hospital provides.
The hospital is not operating in the black; a portion of the increased mill
rate has addressed construction bonds. If a break-even hospital is needed, who
will make the decisions of services? Mayor Williams responded the 1993 Supreme
Court decision reversed the powers of the Service Area Board and clarified
them. The Service Area Board relays information to the Assembly and the
Hospital Operating Board decides what they can afford. A $50M operation
requires a larger cash flow with more expenses. More money is involved and more
revenue is needed to maintain expenses or taxpayers will subsidize in a much
larger way. The budget is a public document with public input; it never goes to
the voters for cuts or increases. The Assembly makes the final determination to
the budget.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION
REPORTS
A. Memorandum 07-126, From Parks & Recreation Advisory Commission Re: 2008 Parks and Recreation Budget Priority List.
B. Mayor’s
Proclamation –
C.
Lou Stewart, Chair of Parks and
Recreation Advisory Commission, invited the listening audience to Community
Park Day on Saturday, August 18th from
Councilmember Stark presented a
written report on the AML Summer Conference. He commented there are tightened
proposals to legislature for increased revenue sharing and a reduction in PERS
costs. The AML Annual Conference will be held in
Councilmember Wythe presented a written report on the AML Summer Conference in Healy along with a booklet of the update on PERS.
Mayor Hornaday attended the AML
Summer Conference and the Mayors meeting with recommendations for PERS. They
toured the coal mine and he had a hard time impressing Councilmember Wythe of
Mayor Hornaday called for a
recess at
PUBLIC HEARING(S)
A. Ordinance 07-18(S),
Of the Homer City Council Placing on the October 2, 2007 General
Municipal
Election Ballot a Sales Tax Proposition for Dedicated Funding Capital
Improvements of
Non-Profit Organization Recreation Facilities in the Homer Area and
for Funding City
Operating and Depreciation Reserve Accounts, and Further Amending
the
City Code to Implement Such Changes. Heimbuch. (First
Ordinance 07-18(S-2), Of the Homer City
Council Placing on the October 2, 2007 General
Municipal Election Ballot a Proposition to Authorize an Increase in the Sales Tax Rate, Dedicating a Portion of the
Revenue to Local Recreation Opportunities and a Portion to Development of the Town Center and New City Hall;
and Further Amending the City Code
to Implement such Changes. Heimbuch.
(Introduction, Public Hearing and Second
Leonard Wells, city resident, asked Council not to adopt either
ordinance. He is against taxes and there is no reason to increase taxes until
the money already collected is spent properly.
Main motion is on the floor: TO ADOPT ORDINANCE 07-18(S) FOR SECOND AND FINAL READING BY READING OF TITLE ONLY.
HEIMBUCH/NOVAK - MOVED TO SUBSTITUTE ORDINANCE 07-18(S-2).
All concerns and
WYTHE/ ROBERTS – MOVED TO STRIKE LINES 133 THROUGH 136 AND LINES 164 AND 165, STRIKE STATEMENT AND REPLACE WITH: IN THE EVENT THAT THE COUNCIL SHALL MAKE AN EMERGENCY APPROPRIATION FROM THIS FUND SUCH APPROPRIATION SHALL INCLUDE A PLAN FOR THE RESTORATION OF SUCH FUNDS IN A TIME FRAME WHICH WILL CREATE LIMITED FUTURE FINANCIAL IMPACT.
The statement is more fitting to emergency appropriations.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
WYTHE/NOVAK - MOVED FOR FURTHER AMENDMENTS BEGINNING ON LINE 149 AND ENDING ON LINE 154 ADDING A DOLLAR SIGN BEFORE THE $422,000, BEFORE THE $200,000 AND BEFORE THE $220,000 AND A COMMA ON LINE 158 BETWEEN PLAZA INCLUDING.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
NOVAK/ROBERTS – MOVED TO AMEND LINE 66: YEAR 2019 TO READ 2029 BASED ON RECOMMENDATION OF THE CITY ATTORNEY.
Amendment was based on the recommendation of City Attorney Tans.
VOTE: YES. NOVAK, WYTHE
VOTE: NO. STARK, HEIMBUCH, ROBERTS
Motion failed.
NOVAK/ROBERTS – MOVED TO STRIKE LINES 160 THROUGH 164 – REPLACE WITH: IT IS THE INTENT THAT MONIES IN THE RECREATION ACCOUNT WILL NOT BE USED TO BOLSTER DECLINING FUND REVENUES. EMERGENCY USE OF THESE FUNDS SHALL REQUIRE UNANIMOUS VOTE OF THE CITY COUNCIL.
This would allow opportunity to use funds for an emergency with a unanimous vote, but also lets the voters know the funds cannot be used in any other case than an emergency.
Councilmember Heimbuch asked for a friendly amendment to reduce the vote to five members. Discussion ensued and it was agreed unanimous vote of the City Councilmembers present would be required.
VOTE: YES. NOVAK
VOTE: NO. WYTHE, STARK, HEIMBUCH, ROBERTS
Motion failed.
Councilmember Stark favors funding parks and recreation improvements. The KPB tax increase is effective January 1st, with a 7.5% sales tax. Ordinance 07-18(S-2) would increase sales tax to 7 ¾%. The increased sales tax will make merchants suffer; people will make their purchases outside the city. Merchants will have to lay off employees and some may close their doors. Raising tax rates has a chance of getting less revenue. Recreational facilities can be funded from the existing budget.
Councilmember Heimbuch remarked
the
Although Councilmember Wythe does
not favor a sales tax increase she will assist in bringing the proposition to
the voters who will determine the best interests. City Hall and
NOVAK/ROBERTS – MOVED TO INSERT IN LINE 161 AFTER EMERGENCY “IF THERE IS A UNANIMOUS VOTE OF THE CITY COUNCIL.
A clear statement is needed on how to spend the money in the event of an emergency. Councilmember Stark said there will be plenty of help for Homer from the State, Federal and Borough funds in the event of an emergency.
VOTE: YES. ROBERTS, NOVAK, HEIMBUCH
VOTE: NO. WYTHE, STARK
Motion failed.
VOTE: (main motion as amended) YES. HEIMBUCH, ROBERTS, WYTHE, NOVAK
VOTE: NO. STARK
Motion carried.
B.
Ordinance 07-27(A), An Ordinance of the City Council of Homer,
Alaska Approving a Long Term Debt Authorization in an Amount not to Exceed
Seven Million Dollars for the Purpose of Financing and Constructing the New
Homer City Hall and Town Plaza and Authorizing that a Ballot Proposition be
Prepared for Submittal to the Voters at the October 2, 2007 Municipal Election.
City Manager. (First
Ordinance 07-27(A)(S),
An Ordinance of the City Council of Homer, Alaska Approving a Long Term Debt Authorization in an
Amount not to Exceed Seven Million Dollars for the
Purpose of Financing and Constructing the New Homer City Hall and Town Plaza and Authorizing that a Ballot
Proposition be Prepared and Submitted to the Voters for Approval at the October 2, 2007 Municipal Election. City
Manager. (Introduction, Public Hearing
and Second
Memorandum 07-109 from City Manager as back-up.
There was no public testimony.
STARK/WYTHE – MOVED TO SUBSTITUTE ORDINANCE 07-27(A)(S) FOR ORDINANCE 07-27(A).
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
City Manager Wrede suggested postponement until December 10th.
STARK/WYTHE
- MOVED TO POSTPONE TO
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C.
Ordinance 07-28(A), An Ordinance of the City Council of Homer, Alaska
Amending Chapter 19.16 of the Homer City
Code Regulating the use of Motor Vehicles on Beaches in the City and Establishing Permit Requirements. Mayor. (First
Memorandum 07-131, from Chief of Police, Re: Beach Enforcement Questions.
Memorandum 07-133, from Planning Technician, Re: Proposed Ordinance 07-28(A).
Mayor Hornaday commented Ordinance 07-28(A) was discussed at length in the Committee of the Whole and he has recommended to the City Manager that police patrol be increased.
Leonard Wells, city resident, commented on Section 4. He would like to
see something included so that Fish and Game permits for personal use set-net
fishing activities be allowed the same as commercial activity. Streets are
designed for motor vehicles; public beaches are designed for public use.
Mike Arno, lifelong Homer resident, owns the
ATV shop in Homer. He uses the Homer beaches for walking, picnics, and
transportation of his family on ATVs. Although his parents are no longer able
to walk on the beaches, they can still enjoy them by route of ATVs. The
ordinance restricts users for things other than bird watching and tide pooling.
A permit process may become a financial burden on the City. If the problem
people on the beach cannot be policed now, how will a permit process work?
There are a lot more responsible people on the beach; the offenders need to be
dealt with, not the entire community.
Claire Waxman, Homer resident, uses the beach for walking, horseback and
ATV riding. Beaches are for transportation; before the highway everyone came by
the beach. City ATVs need to be used to monitor the problem now. The Snomads club could provide education in the schools and the
area. Making another law will not help.
Dave Brann, city resident, supports protecting
Homer beaches for walkers and all users. He suggested using brochures with a
map on one side and information on the other showing where the beaches are and
who can use them. As a former Beach Task Force member, years ago he took
pictures of all the beaches and wrote notes about each. Today the beaches are
in better shape than before. Abusers need to be dealt with separately. He
supports postponement to April 2008.
Frank Griswold, city resident, said City ATVs are not needed on the
beach; violators can be greeted at the access points. More signage is not a
solution because the abusers do not pay attention to the signs. No dirt biker
stops to read a 137 word sign; adults don’t pay attention to signs. Ambiguous
signs are dishonest and ineffective; bad use of signs creates distrust.
Reckless, obnoxious and ugly driving is not against the law except in close
proximity of pedestrians. When police warn drivers on the beach they have no
cause to do so. Establishing a speed limit would be effective, since driving is
not illegal with no speed limit. Mud flats on the east side of the Spit are
treated differently than the sand flats on the west side, yet both are in
critical habitat areas. AS 16.20.590 leaves enforcement up to the City but no
one is enforcing it. From the slough on Bishop’s Beach to the middle of the
Spit it is zoned open space recreational; that district gives priority to
pedestrians. The map from the Planning Department needs clarification.
Rika Mouw, city resident, supports the revised
ordinance that reflects concerns for the beaches with permitting. The airport
access road is a biologically sensitive area the Fish and Game was going to
close in 2002. Permits will help educate people applying for them.
Dean Schneck,
Bob Shavelson, city resident, lives in the
Bishop’s Beach area and has noticed a large increase in use. While vehicles
pose no problem for limited mobility on beach, people speeding and endangering
kids are. A permit system and clear guidelines are needed to prohibit joy-riders
and brodie spinners.
Jody Murdoch commented it is a freedom issue and is not fair to the
people that have been here and have used beach access for many years.
Larson Klingle, Homer resident, noted the
incompatible uses with pedestrians and ATVs. He agrees with most of the
ordinance and would like fines to be raised substantially, like adding a zero.
It will stop uses you want to prevent. Vast areas of beach are needed where
people do not have to deal with ATVs.
WYTHE/HEIMBUCH -
MOVED TO POSTPONE ORDINANCE 07-28(A) UNTIL THE FIRST MEETING IN APRIL 2008.
Councilmember Stark
requested adding an amendment prior to postponement.
STARK/ - MOVED TO SUSPEND THE RULES.
The motion died for
lack of a second.
Councilmember Novak
requested a friendly amendment for postponement to the first meeting in March.
The amendment was not accepted by the maker of the motion.
VOTE:
(postponement) YES. STARK, NOVAK, HEIMBUCH, ROBERTS, WYTHE
Motion carried.
ORDINANCE(S)
CITY MANAGER’S REPORT
A. City Manager’s Report
1.
Tesoro Tug. Last week the
City received news that Tesoro had signed a contract
to keep the response / escort tug in
2. Comprehensive Plan Change Order. We intend to sign a change order with the consultants (Agnew-Beck) who are working on the Comprehensive Plan. The change order will be in the amount of $ 14,450. This additional money results in a total contract amount that is still within the project budget approved by Council. As the Planning staff and the Comprehensive Plan Committee worked through the planning process, it became apparent that additional work products would be very beneficial. These new products include a comprehensive plan land use map (referred to as the “bubble map”) which provides a generalized picture of future land use and serves as a bridge between the comp plan and eventual revisions to the City Zoning Map. The money also provides for the completion of various tasks already in progress, more detail on specific issues of importance, and more direct community involvement.
3. Coast Guard Dolphin: There is no new information to report on the Coast Guard Dolphin issue. Steve Dean checked up on this recently and was told that the Corps would not complete its permitting review until it received a special report on navigational safety from the Coast Guard.
4.
Bay Crest Ski Trails /
5.
6. City to Receive National EPA Award Plaque. Several months ago, we informed the Council that the City had received a national award from EPA for its innovative use of the Safe Drinking Water Revolving Loan Fund. The award focused upon how the City uses loan fund money and pays off the loans using tax generated HAWSP Funds. EPA will be presenting the plaque to Carey Meyer in my office on Tuesday the 14th. Some thought was given to having Senator Murkowski present the award at the reception on Tuesday, but that idea became a little too problematic from EPA’s perspective. Carey wants you to know that this is really an award that should be presented to the Council and the entire community.
7. Library Grounds: I was reminded recently that when I spoke to you about the Library grounds, I only told you half of the story. It is true that parts of the Library grounds have not been mowed or maintained because that was the plan under the LEED program. What I neglected to tell you was that the landscaping budget was one of the things that was reduced when we had to make some cuts in order to stay within the approved budget. These areas were supposed to be planted with perennials that required little or no watering or maintenance. That never happened and what you have growing there now is basically weeds. So, I would propose that we add landscaping money to the budget for 2008 and finish the job.
8.
9. Spit Trail Parking Expansion: PW still plans to do this project this summer or fall. Right now we are waiting for the ROW Permit we need from State DOT/PF. State employees have spoken favorably about the project to date but the application has been pending for over a month. We will do our best to keep things moving.
10. Fire Department: Over the years, Homer has been extremely fortunate to have a strong group of dedicated volunteer firefighters and emergency medical staff. In recent years, it has become increasingly difficult for HVFD to recruit and retain volunteers. The list of volunteers shrinking. There are a variety of reasons for this and the City and HVFD are looking closely at ways to address this problem. The Chief is considering drafting a strategic plan on recruiting and retaining volunteers. Some of these issues can be addressed administratively. The Chief is examining a menu of incentives and methods of expressing the City’s appreciation to the volunteers that other Cities with volunteer fire departments are using. I mention this now because it may become a consideration in the upcoming budget discussions.
11. Council / PC Joint Meeting: A tentative joint meeting has been scheduled for the Committee of the Whole on September 10. You will recall that the Council and the Planning Commission agreed to meet in joint session on a quarterly basis. The Planning Commission would like to discuss the Gateway Overlay Zoning District and the Community Design Manual. Jo has tentatively placed these items on the Agenda. Please let us know if this time and date is satisfactory and if there is anything you would like to add to the agenda.
12. New Fish Cleaning Tables: The new fish cleaning tables are a big hit. As you may recall, the tables are to be used by individual sport fish and recreational users under a cooperative agreement between the City, USFWS and ADF&G. The tables have been used by commercial operators and the City is currently taking steps to curtail that practice and redirect commercial operators.
13. City
Hall / Town Center Project: The City received four proposals from GC/CM teams.
All four teams were highly qualified. The proposal evaluation team reviewed and
scored the proposals last weekend and narrowed the list to three teams that
have been invited to the interview stage. Interviews are scheduled to take
place on August 15. The City Manager had a recent discussion with the
14. Spit
Parking: Parking on the
15. Spit
Trail: Good News. We are now optimistic that the Spit trail might be completed
all the way to the Ferry Terminal and End of the
16.
17. Planning Commission / Request for Legal Services: As you know, the City Planning Commission is dealing with increasingly complex legal issues. The Commission, through the Chair, has expressed a desire to have more legal support, especially when it comes to appeals. Gordon routinely assists the Commission when it comes to normal legal questions, the drafting of ordinances, and things like that. However, a problem often arises when the Commission has to deal with complex appeals from actions of the administration. Gordon works for the City Council and that is where his primary responsibility lies. However, he also provides legal support to the Administration and to the City commissions. This sometimes causes conflicts of interest and Gordon must step aside. He cannot not provide counsel to the Planning Commission and then provide Counsel to the City Council if the PC decision is appealed. So, I would propose that we provide funding for the Planning Commission to have its own attorney on retainer to assist it during appeals. Gordon can continue to provide all other services. Providing increased legal assistance to the Commission will help it do its work and could reduce the number of appeals that make it to the Board of Adjustment. It might also help to insure that Gordon is available to the BOA during appeals.
18. Ordinances
07-25 and 07-26: You may have noticed that these two ordinances were again
missing from the Agenda. Ordinance 07-25 requested a 2% COLA for City
employees. Ordinance 07-26 approved amendments to the City Wage Scale
recommended by the 2005 Parity Study. These ordinances are both written and
ready to go we still do not have enough information available about tax revenue
trends this year, especially sales tax info. You will recall that we said we
would bring these items back to Council at mid-year after we had a better idea
of tax revenues trends and projections.
Council commented
on the excellent Manager’s report.
B. Question of the Week – Do you think the City should impose Restrictions on Motorized Vehicle use on the Beaches? Why or Why Not?
C. Records Inventory Report
COMMITTEE REPORT
A. Comprehensive Plan Community Advisory Committee
(
B. Global Warming Task Force
C. Public Arts Committee
(
D. Transportation Advisory Committee
(
Alan Parks, Chairman of the Global Warming Task Force, introduced Chris Ellington, who is conducting an inventory of the City’s greenhouse gas emission. By the end of December the task force will make their recommendations for reducing emissions.
Mayor Hornaday called for a
recess at
PENDING BUSINESS
NEW BUSINESS
A. Memorandum 07-128,
From City Clerk, Re: Vacation of 30 Foot Access Easement along
WYTHE/STARK – MOVED TO APPROVE THE RECOMMENDATIONS OF MEMORANDUM 07-128.
Council noted the lack of the
intersection map and Planning Commission minutes in the packet. With
VOTE: YES. STARK
VOTE: NO. WYTHE, NOVAK, HEIMBUCH, ROBERTS
Motion failed.
B. Memorandum 07-132, Change Planning Commission Appointments by Council to Public Vote at General Election. Recommend approval.
This item failed for lack of introduction.
C. Memorandum 07–134, From City Clerk, Re: Recommending City Council forward Draft Ordinance 21.55 Overslope District to the Homer Advisory Planning Commission for their Consideration, Input and Adoption. Recommend approval.
ROBERTS/WYTHE – MOVED TO ADOPT THIS MEMORANDUM.
Council expressed concerns about 21.55.110 signage, as the wording is not clear whether it is additional signage or in lieu of signage. Freestanding signs are not discussed. The gravel parking lots need pavement and striping to improve the ambience for visitors and local residents with boats in the harbor. A memo will be sent to the Planning Commission.
WYTHE/ROBERTS – MOVED TO AMEND 21.55.060 ITEM E. TO CONSTRUCT THE BUILDING STANDARD REPLACING INTERNATIONAL FIRE AND INTERNATIONAL BUILDING CODE FOR UNIFORM FIRE AND BUILDING CODE IN ACCORDANCE WITH CHIEF PAINTER’S MEMORANDUM.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
RESOLUTIONS
A. Resolution 07-81, Of the City Council of Homer, Alaska Accepting and Adopting the Recommendations of the City Hall / Town Plaza Review Committee. City Manager. Recommend adoption.
Memorandum 07-122, from City Hall – Town Plaza Review Committee Chair as backup.
NOVAK/WYTHE – MOVED TO ADOPT
RESOLUTION 07-81 BY
Lane Chesley, Chair of the City Hall – Town Plaza Review Committee, thanked the committee members and staff support. He referred to the document on the wall as a great start where the committee ended their process in making a resolution to the City Council.
The committee chose to integrate
the plaza and amenities with the site’s elevation change. The preferred site
for City Hall would fall in the upper band of the site. There are three
possible locations; the preferred site will depend on the final footprint
design of the building. It was clear through public input, the survey and field
trip to the possible sites the preferred location was chosen. The corner of the
CIRI property is the preferred location for
The maps show a general location concept. The property lends itself to an amphitheatre type structure. Recommendations from the public and the committee were consistent that the City Hall be built on city property. The committee completed their task timely.
Mr. Chesley said there was
discussion at committee the level and by the administration the need to get out
good public information and a dialogue. Good information and an effective
campaign are needed. Although the committee has expired, many people are
willing to serve and aid the City to attend public talk shows and informational
meetings. A Friends of the
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Resolution 07-84, A Resolution of the City Council of Homer, Alaska in Support of Retaining the Ten-Acre Parcel Adjacent to Karen Hornaday Park, Kenai Peninsula Borough Parcel Number 17504003, until such time as there are Steep Slope Regulations in Place and there is Legal Access to the Land so the Full Market Value and Public Interest are Known. City Manager/Parks and Recreation Advisory Commission. Recommend adoption.
Memorandum 07-129, from Parks and Recreation Advisory Commission as backup.
STARK/WYTHE – MOVED FOR THE APPROVAL OF RESOLUTION 07-84.
Discussion ensued on the necessity for steep slope restrictions on the property, as the parcel cannot be sold until a right-of-way access is acquired. It is foreclosure property and the proceeds must be deposited in the City’s depreciation fund.
VOTE: YES. STARK, NOVAK, ROBERTS
VOTE: NO. HEIMBUCH, WYTHE
Motion failed.
C. Resolution 07-85, A Resolution of the City Council of Homer, Alaska Supporting Adoption of a Clean Elections System in Alaska. Mayor. Recommend adoption.
Mayor Hornaday called for a motion for the adoption of Resolution 07-85 by reading of title only.
WYTHE/NOVAK – SO MOVED.
There was no discussion.
VOTE: YES. NOVAK, ROBERTS, WYTHE
VOTE: NO. STARK, HEIMBUCH
Motion failed.
Councilmember Stark stated he wished to change his vote.
STARK/ROBERTS – MOVED FOR RECONSIDERATION OF RESOLUTION 07-85.
There was no discussion.
VOTE: YES. WYTHE, NOVAK, HEIMBUCH, ROBERTS, STARK
Motion carried.
VOTE: (main motion as reconsidered) YES. ROBERTS, WYTHE, STARK, NOVAK, HEIMBUCH
Motion carried.
D. Resolution 07-87, Of
the City Council of Homer,
Mayor Hornaday called for a motion for the adoption of Resolution 07-87 by reading of title only.
WYTHE/ROBERTS – SO MOVED.
Mayor Hornaday commented we won one that took many years to win.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
E. Resolution 07-82, A Resolution of the City Council Amending the Homer Accelerated Roads Program (HARP) Policy Manual to the Homer Accelerated Roads and Trails Program (HART) Policy Manual, Incorporating Non-Motorized Transportation and Trail Infrastructure in the Program. City Manager/Parks and Recreation Advisory Commission. Recommend adoption.
Memorandum 07-123, through Public Works and Parks Maintenance as backup.
WYTHE/NOVAK - MOVED TO ACCEPT RESOLUTION 07-82.
The Parks and Recreation Advisory Commission was commended for bringing forth a reasonable allocation of funding for both roads and trails in the HART program. The top priority is the Senior Access Trail that has legislative appropriation. Once the City is in receipt of the grant agreement from the State, an ordinance is needed to accept and appropriate the grant. A cost estimate for the project is needed, and additional HART funds may be needed to complete the trail. Councilmember Wythe asked that staff proceed with the trail design process to be in place as soon as possible.
WYTHE/ROBERTS –
MOVED TO AMEND LINE 23, PAGE 62, ADD “AND CONSTRUCT”
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
WYTHE/ROBERTS - MOVED TO AMEND
LINE 28 – STRIKE SECOND CONSTRUCT
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
WYTHE/ - MOVED TO AMEND LINE 35 – STRIKE “WILL” AND REPLACE WITH “SHALL”.
Motion failed for lack of a second.
WYTHE/ROBERTS – MOVED TO AMEND LINE 45 – ADD COMMA AFTER COMMITTEE. STRIKE “AND” REPLACE WITH “WITH”.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
WYTHE/NOVAK -
MOVED TO AMEND LINES 51 AND 53 – STRIKE “LOCAL” FROM EACH OF THOSE.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Commissioner Wythe pointed out the missing text in pages 63 – 69.
WYTHE/ROBERTS – MOVED TO AMEND SECTION III, ITEM J THAT PRIOR TO FINAL APPROVAL OF THIS RECOMMENDATION WE WILL REVISIT THE RATES FOR LID RESIDENTIAL STANDARDS.
Councilmember Novak offered a friendly amendment that property owner contribution to the LID process will reflect the current rates. City Manager Wrede stated it was a specific number for gravel and paving and suggested adding that Council can set the rates by resolution.
VOTE: YES. HEIMBUCH, ROBERTS, WYTHE
VOTE: NO. NOVAK, STARK
Motion failed.
WYTHE/ - MOVED THAT PROPERTY OWNER CONTRIBUTIONS THROUGH LID PROCESS WILL BE ESTABLISHED ON AN ANNUAL BASIS BY ORDINANCE OF THE CITY COUNCIL.
City Manager Wrede noted Homer City Code will need to be amended prior to amendments to HART Policy Manual.
Motion died for lack of a second.
ROBERTS/WYTHE - MOVED TO AMEND LINE 142, SECTION 4 “RATION” TO “RATIO”.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
WYTHE/ROBERTS - MOVED TO STRIKE LINE 120 PENDING THE DEVELOPMENT OF STANDARDS.[1]
At this time there are no written standards for development of trails.
WYTHE/STARK – MOVED TO POSTPONE TO THE SECOND MEETING IN AUGUST.
Councilmember Wythe requested more discussion on the resolution.
VOTE: (postponement) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
F. Resolution 07-83,
A Resolution of the City Council of Homer,
Memorandum
07-125, from Parks and Recreation Advisory Commission as backup.
WYTHE/NOVAK – MOVED FOR THE ACCEPTANCE OF RESOLUTION 07-83.
WYTHE/ROBERTS - MOVED TO AMEND LINE 33 – CHANGE PROVIDING TO “PROVIDE”; LINE 43 ADD COMMA AFTER WATER AND LANDWARD OF; LINE 44 REMOVE HYPHEN; LINE 96 CHANGE SERVICES TO “SERVICE”; LINE 212 ADD “PARKING” AT BISHOP’S BEACH PARK.
By friendly amendment “parking” was added to Line 212.
Motion carried.
VOTE: (main motion) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
COMMENTS OF THE AUDIENCE
There were no comments of the
audience.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans was not present.
COMMENTS OF THE CITY CLERK
City Clerk Johnson said candidacy filing for two City Council seats is open through Wednesday, August 15th.
COMMENTS OF THE CITY MANAGER
City Manager Wrede had no
comments.
COMMENTS OF THE MAYOR
Mayor Hornaday related he testified before the Assembly last week in support of the hospital resolution. He commented Assembly Woman Millie Martin told him some things that devastated him. She said Mayor John Williams called her and used the word “spanking”, to the effect that John was delivering a spanking to her. It was upsetting to Millie and she did not see any humor in it. Millie also told Mayor Hornaday that John knew about the Certificate of Need problem back in January and waited until just before the Assembly voted on the ordinance. He is devastated by the reports and doesn’t see how John can continue serving as Borough Mayor.
COMMENTS OF THE CITY COUNCIL
Mayor Pro Tempore Novak appreciates Mayor Williams talking with us with a good discussion without all the answers. He thanked Councilmember Heimbuch for his efforts on the ¼% sales tax. It will now go before the voters and he hopes the community supports it. The Borough’s 1% increase may produce an economic hardship, although the City’s proposed ¼% increase is not excessive.
Councilmember Wythe thanked the
community for the chance to go to the AML Conference. There was information
about increasing the maximum allowable property tax exemption for property tax.
AS 29.45.050 says a municipality may exclude or partially exempt residential
property taxation by ordinance ratified by the voters at an election. The
Councilmember Stark said the property tax exemption could have gone on the ballot, but it would have been very difficult. He asked of the design of the senior access trail, stating it was steep land. If it drives the costs up exorbitantly to make it wheelchair accessible, those costs may need to be considered. It is important to go ahead with the project at a reasonable cost.
Councilmember Heimbuch will miss the next meeting in August as he is going whale watching in Barrow.
Councilmember Roberts appreciates
the many things the Parks and Recreation Commission brought before City
Council. She wished them good luck on Park Day this Saturday at
ADJOURNMENT
There being no further business
to come before the Council, Mayor Hornaday adjourned the meeting at
______________________________
JO JOHNSON, CMC, CITY CLERK
Approved: _____________________