Session
09-18, a Regular Meeting of the Homer City Council was called to order on
August 24, 2009 at 7:02 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
DEPUTY
CITY CLERK JACOBSEN
CITY
ATTORNEY KLINKNER
CITY
PLANNER ABBOUD
PUBLIC
WORKS DIRECTOR MEYER
Mayor Hornaday has requested excusal.
Department
Heads may be called upon from time to time to participate via teleconference.
Council
met as s Committee of the Whole from 4:00 to 5:32 p.m. to discuss Resolution
09-86, Stimulus Funding, 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.
The
following amendments were made: Visitors, Bill Smith Re: National Preparedness
Month, September 2009 and National Day of Service, September 11th PUBLIC HEARINGS - Ordinance 09-34, Written
Public Comment; ORDINANCE - Substitute Ordinance 09-39(S), An Ordinance
of the City Council of Homer, Alaska, Amending Homer City Code 1.72.030,
Proceedings of the Commission, 1.74.030, Proceedings of the Commission, and
1.78.030, Proceedings of the Commission to Decrease the Frequency of Regular
Meetings of the Port and Harbor Advisory Commission, Parks and Recreation
Advisory Commission, and Economic Development Advisory Commission from Once a
Month to Once Every Other Month; Substitute Resolution 09-89(S), A Resolution
of the City Council of Homer, Alaska, Amending the Frequency of the Public Arts
Committee and Transportation Advisory Committee Meetings to Quarterly Meetings; COMMITTEE REPORTS Memorandum from
Transportation Advisory Committee Re: Quarterly Meeting Schedule; NEW BUSINESS:
Postpone Memorandum 09-119 until prior to adjournment PENDING BUSINESS Resolution 09-86 Back up
Information for Economic Stimulus Funding; RESOLUTIONS Resolution 09-94 Back
Information regarding the Hoka Hey Challenge event.
HOWARD/WYTHE
MOVED TO ADOPT THE AGENDA AS AMENDED.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
PUBLIC COMMENTS UPON MATTERS ALREADY ON
THE AGENDA
Leonard
Wells, city resident, commented regarding 09-86, and how to spend some of the stimulus money.
He listened to earlier meeting and ideas, and he assumes that none of the items
put forward have any additional costs to the city of taxpayer’s money.
Regarding executive sessions he can see where some minor parts of the
discussion that are attorney client privilege might be held in executive
session, but the citizens of the city would be better served if a major portion
of the executive sessions that weren’t privileged information were held in a
public meeting, and if not, at least explained in the public meeting. Regarding Resolution 09-91 for the Jack Gist
ball field money, since the bid is less than the $33,000 allotted for the
project, perhaps some of the stimulus money could be used for the third ball
field and some of the parking up there.
Kevin
Hogan, city resident, read a letter from EDC member Shelly Erickson that
opposed the recommendations in Ordinance 09-32 regarding Commission meeting
schedules because it will be detrimental to the Commissions being able to:
A
copy of Mrs. Erickson’s letter was provided for the record.
Mr.
Hogan suggested Council should give each Commission a budget and let them do
their work and hold meetings within the parameters of the budget. Perhaps they
can find ways to conduct business at less cost to the City. Council should ask
those questions of the Commissions before imposing this on them. Mr. Hogan said
he is serving on two Commissions and they are all very mindful of the cost to
the City. Regarding the motorcycle event, he recommended they be careful not to
dismiss this out of hand, it could be a marvelous boost to the economic
community. Promoters like this often approach their endeavors with stars in
their eyes and end up falling short. There is potential and we just need to
make sure the City’s back is covered with performance bonds and up front
payments of costs. It will go a long way
in a dialogue, but don’t slam the door in their face.
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 August 10, 2009 Regular Meeting.
City Clerk.
B. Memorandum 09-107, from Clerk, Re: Liquor
License Ownership Transfer for Down East Saloon and Uncle Thirsty’s Liquor
Store.
C. Memorandum 09-110, from Mayor Pro
Tempore, Re: Appointment of Steve Zimmerman to the Port and Harbor Advisory
Commission.
ROBERTS/LEWIS
MOVED TO ADOPT THE CONSENT AGENDA.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
VISITORS
A. Scott
Walden/ Glenda Landua, Kenai Peninsula Borough Emergency Management, Re: National
Preparedness Month, September 2009 and National Day of Service, September 11th,
10 minutes.
Bill
Smith provided information regarding National Preparedness Month and read the
National Preparendness Month Proclamation.
B. Heather
Beggs, Pratt Museum, 10 minutes.
Heather
Beggs recognized the Council is entering a difficult budget season and focused
her report on the museum’s economic impact on the City of Homer. She explained
how the funding from the City is essential for leveraging grant funding. Without
the City’s contribution the Pratt could lose over 60% of its contributed
income. A recent economic impact assessment showed benefits of the museum
through local spending, drawing people to the area to visit the museum, rent
office space, and purchase service from other local providers. It is a draw for
tourism, people considering relocating, and local businesses have confirmed it
is an economic impact to the community. The
Pratt is exempt from charging sales tax but they choose to charge it in the
museum store to increase City revenues. Ms. Beggs gave a brief overview of the
upcoming Capital Campaign for the museum’s expansion. Information is available
at the museum website. Ms. Beggs added that without the operating dollars the
museum could not stay open and another repository would need to be found for
the 30,000 objects that represent the cultural fabric of this place. She noted
the state archives roof collapse in Juneau resulting in the loss of significant
documents of the history of Alaska. It is a vivid reminder that we need to care
for our community’s history and ensure the safety of our local repository.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH
REPORT/COMMISSION REPORTS
A. Mayor’s
Proclamation – National Preparedness Month, September 2009.
Mayor
Pro Tempore Novak read the proclamation.
PUBLIC HEARING(S)
A. 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. Introduction July 27, 2009, Public Hearing August 10, 2009, Public
Hearing and Second Reading August 24, 2009.
Memorandum 09-112 from Planning Technician as backup.
Dean
Ravin, not a city resident, commented that the ordinance is complicated,
convoluted, arcane, and thinks it works in opposition to the Climate Action
Plan.
Leonard
Well, city resident, commented that other than saying that he doesn’t
understand what the Commission was getting at; he thinks that the one acre
limitation is too restrictive and it doesn’t seem to be necessary. He presumes
at the present one could build a tower, his presumption is that the tower is
not a building so therefore not covered by the zoning codes. It is simply like
a flag pole or telephone pole.
Terry
Yager, city resident, wanted to reiterate what he said at the last two council
meetings. He thinks everyone would like a clean energy source that is
inexpensive. His concern is the density of the city limits. He would like to
see the Borough take a lead in this because the acreage available in the
Borough versus the City. He is concerned about taking action on size
limitations, noise, and other things in this ordinance, when there is new
technology coming on board. The exclusion of so many residents would be a
concern because he thinks everyone would like the ability to have clean energy.
He doesn’t think the City should consider it until a little more knowledge is
there. He requested they table this until more information is known.
Sharon
Minch, city resident, commented that what ever the Council does with the ordinance,
there is information out there about the technology and it is working in other
places. People are trying to follow the Councils lead with the Climate Action
Plan. The one acre size limit makes it start slow and if it doesn’t work,
Council can take it off. It addresses new technology. There are more birds
killed in home windows, by cars, or by cats, than by any of this stuff. A lot
of information about that has to do with wind farms. FAA decides if they are
hazardous to airplanes and if they need lights. This one acre size limit
results in the system being placed in the middle of the property to meet the
1.1 fall area. If the council decides they like it, they have a really good
ordinance that gives an opportunity to follow through with some thing. We need
to tell the public what we want them to do in relation to the Climate Action
Plan. The technology is world wide and it is amazing to read. This ordinance
provides for new technology as it develops.
Nadia
Daggett with the Kenai Peninsula Association for Renewable Energy and Renewable
Energy Alaska Program commented that she has attended Kenai and Soldotna
meetings and listened in here. She said the one acre is really restrictive.
They have done studies in Homer and it makes 1% of citizens in the city limits
would be allowed a wind turbine. 95% of the community is less than one acre.
She said this is the 4th state in America that doesn’t have net
metering and doesn’t promote these renewable energies. It is time to do this. Testing
sound with a meter from the police showed the sound to be only 40 decibels.
They are pretty quiet. Regarding the setbacks, all the plans in the turbines
are stamped by a local engineer to be fully engineered not to fall. The setback
of 1.1 is huge. Flag poles and telephone polls don’t have that same
requirement. People who have wind energy systems now are actually producing as
much energy as they need. It really helps and people in the community should be
allowed to produce their own clean energy. She knows that the Borough Mayor is
excited about promoting this. They are working with him to provide trainings to
educate people about what is available and how efficient they are.
Councilmember
Roberts offered the correction that the Planning Department reported that there
are 4180 lots and 1641 are over 1 acres which would be 40%. She noted the map
that was provided by the Planning Department to show the lots over one acre.
Richard
Kreider, city resident, said he does not recommend the one acre requirement. He
would recommend zoning requirement and the fall should dictate the height of
the tower. The one acre restriction is very limiting.
Will
Schlein, city resident, said he appreciates the work on the ordinance. He said
his concern is that it is a crude ordinance that is like going after a fly on a
window with a hammer. He thinks it needs some work before it is enacted. There
are a lot of things changing. They are getting quieter, bird strikes aren’t
really relevant, lights probably won’t be a big concern from an FAA stand point
for most towers. It could be more effectively controlled than with the
restrictions in the ordinance. Mr. Schlein said he thinks these towers are good
to look at, better than a power line or even a street light. One thing to think
about regarding the lot size is a lot of the towers will be on houses so
therefore if they were to fail, they wouldn’t necessarily reach the lot line.
The way this is currently written is not jiving with our goal as a city to
become leaders in alternative energies, to become more sustainable and
renewable. He appreciates their work and hopes they can get something that will
work for more people.
Mayor
Pro Tempore Novak closed the public hearing and called for a motion for the
adoption of Ordinance 09-34 by reading of title only.
WYTHE/ROBERTS
SO MOVED.
Councilmember
Zak was excused from the table based on his conflict of interest from the
previous meeting.
Councilmember
Wythe questioned the code citation 21.50.040, that it isn’t consistent with the
Bridge Creek Watershed District which it refers to.
WYTHE/ROBERST
MOVED TO STRIKE THE TOWN CENTER AND GATEWAY DISTRICTS WHICH ARE ITEMS 21.20.020
AND 21.22.020.
Councilmember
Wythe clarified that it is line 14 and in the ordinance as well. She said it
seems counter productive to allow the systems in an area where a purpose of the
district is to protect the view shed. The same concerns apply to the town
center district.
VOTE:
(Primary Amendment) YES: LEWIS, ROBERTS, WYTHE, HOWARD, NOVAK
Motion
carried.
City
Attorney confirmed that the correct section referring to Bridge Creek should be
21.40.050.
WYTHE/LEWIS
MOVED ON LINE 15 AND OTHER LOCATIONS WHERE IT IS CITED TO REPLACE 21.50.040
WITH 21.40.050.
There
was brief comment.
VOTE:
(Primary Amendment) NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
Discussion
ensued regarding the 170 feet height cited in the ordinance. The area citing is
the definition of what is meant by small wind energy system and is a fairly
standard definition. The language in code would restrict height. It would have
to sit on a very large lot to meet the setback requirements.
Question
was raise about having all systems as a conditional use. Some feel they don’t
have a say on it. City Planner Abboud
said it was a decision made by the Planning Commission. He continued that if it
is a conditional use, the Planning Commission will have to have a standard for
acceptance, and would have to keep the same standard for giving out a CUP.
Councilmember
Wythe commented that the Council passed the Climate Action Plan and it was
passed without these provisions in place. We are now in conflict in that we
passed the plan encouraging environmentally sensitive manners of creating
energy and to come back now and say except that we don’t want you to use wind
towers because it’s a blight on our scenic view seems inappropriate. She noted
she didn’t support the Climate Action Plan Ordinance originally because they
hadn’t put the time in for it, now they have to work with the document they
have.
Mayor
Pro Tempore Novak responded that he doesn’t feel this is ready for a final
ordinance.
NOVAK/LEWIS
MOVED TO POSTPONE UNTIL THE SECOND MEETING IN SEPTEMBER.
Councilmember
Roberts said she has done a lot of research and feels the Planning Commission
has sent them a very nice ordinance.
Point
of order was raised regarding Councilmember Zak’s conflict being moot due to
the earlier amendment removing the gateway district.
Mayor
Pro Tempore Novak called for a short recess at 8:13. The meeting resumed at
8:18 p.m.
Attorney
Klinkner commented that that Councilmember Zak was excused because he owns
property adjacent to property where the owner had applied to Planning for
permission to put up a system as an unlisted use, under the existing use. He
understands that the application was not accepted and therefore thinks at this
point Councilmember Zak stands in the same position as the rest of the Council
and could be allowed to return.
Councilmember
Zak returned to the table.
There
was further discussion regarding the motion to postpone.
VOTE:
(Postponement) YES: NOVAK
NO: HOWARD, LEWIS, ROBERTS, WYTHE,
ZAK
Motion
failed.
ROBERTS/WYTHE
MOVED TO AMEND LINE 257 THROUGH 260 TO CHANGE 21.60.070 TO 21.61.070.
There
was no discussion.
VOTE:
(Primary Amendment) NON OBJECTION: UNANIMOUS CONSENT.
Motion
carried.
ROBERTS/WYTHE
TO AMEND LINE 244 TO READ: “LIGHTING. EXCEPT
FOR SWITH TYPE LIGHTING,” AND CONTINUE NO ARTIFICIAL LIGHTING…
There
was discussion that this is allowed for maintenance purposes.
VOTE:
YES: WYTHE, ZAK, HOWARD, NOVAK, LEWIS, ROBERTS
Motion
carried.
ZAK
MOVED TO DELETE LINE 221.
Motion
failed for lack of a second.
There
was discussion of the reasoning for the one acre size limitation.
WYTHE/ROBERTS
MOVED THAT ON LINE 222 AMEND TO READ “MAY NOT BE LESS THAN 1.1 TIMES ITS TOTAL HEIGHT”
There
was no discussion.
VOTE:
(Primary Amendment) NON OBJECTION: UNANIMOUS CONSENT.
Motion
carried.
ZAK/ROBERTS
MOVED TO AMEND LINE 221 ITEM 2 TO CHANGE 1.1 TO ONE TIMES ITS TOTAL HEIGHT.
Councilmember
Zak commented that if they are engineered and stamped, then one time the total
height falling within the lot line is reasonable.
At
the request of Councilmember Wythe, City Planner Abboud commented that the
objective of the 1.1 is for a safety factor. He doesn’t believe there is a
requirement for an engineers stamp. It is also aesthetics. It keeps it from
being put right up against the setback for property lines. Planning Commission
Chair Minsch added in the information the Commission considered, there is a 1.1
to 1.5 setback. They aren’t supposed to fall down but this is a margin of
safety.
VOTE:
(Primary Amendment)YES: ZAK
NO: NOVAK, LEWIS, ROBERTS, HOWARD
Motion
failed.
At
the request of Mayor Pro Tempore Novak, Planning Commission Chair Minsch
commented regarding their decision of not utilizing the CUP process. She
commented that as the City Planner explained, a CUP has to have a set of
standards for the Planning Commission to abide by and just because the neighbor
says they don’t want the property owner to have it, that is not a reason to not
allow the CUP.
WYTHE/ROBERTS
MOVED TO INCLUDE ON LINE 225 AND
SHALL BE PROPERLY JACKETED TO ENSURE VISIBLE SAFETY STANDARDS.
Councilmember
Wythe noted that utilities have to put guy wire covers on their wires so you can
see them.
VOTE:
(Primary Amendment) NON OBJECTION: UNANIMOUS CONSENT.
Motion
carried.
Councilmember
Howard commended the staff, attorney, and commission on their work on the
ordinance. She added that the Climate Action Plan is more than changing light
bulbs. This ordinance will be monitored and they will be checking in to see if
there is a need for further refinement.
Councilmember
Wythe concurred and encouraged citizens as they move forward to do their due
diligence as they research what might fit within the ordinance and how it will
really affect their energy production and usage.
Mayor
Pro Tempore Novak commented that this is the first ordinance of this nature. It
may still need some changes and we may come back and change it at some point in
time. He doesn’t think it is a perfect product but it is a good one and could
be a starting point.
VOTE:
(Main motion as amended): YES: ROBERTS, WYTHE, ZAK, HOWARD, NOVAK, LEWIS
Motion
carried.
B. Ordinance 09-36(S), An Ordinance of the
City Council of Homer, Alaska, Authorizing the Expenditure of Homer Accelerated
Water and Sewer Program (HAWSP) Funds for Svedlund to
Kachemak Way Water Main Extension and Approving the Creation of a Deferred
Assessment on Benefitted Properties. City Manager/Public Works. Introduction
July 27, 2009, Public Hearing and Second Reading August 24, 2009.
Memorandum
09-95 from Public Works Director as backup.
Ray
Steiner, local contractor in Homer, commented that he is working with Larry
Tripp, the applicant on a four-plex at the corner of Svedlund and East
Fairview. He said he was impressed so far by the meeting tonight and commended
the Council for their due diligence. He said he wanted to present facts
regarding this issue for the Council to consider. Mr. Tripp wants to work with
the City and is in a position to help fund the whole line if the Council
chooses that direction. It would probably be the best scenario for all things
involved with this waterline. If for some reason that doesn’t happen, then Mr.
Tripp would have to run the waterline himself 150 feet from his lot J, and is
willing to do that but because of the spaghetti line issue. If they choose the
route where he installs the entire water line, he would like to be reimbursed
30 days after the line is complete. If the full line does not go in, lots A, C,
B, & D, there would be complication in him recouping his funds. It needs to
be shared by at least lots A and B. Their position is that Mr. Tripp just wants
to pay his fair share. He owns a home and another four plex in the City. If the
Council considers that the whole line can’t be installed, and he has to run
his, they feel it would be appropriate for the City to pick up the difference
between what lots A and B would have paid, since they are on a spaghetti line
from Kachemak Way. There are a number of complications that previous Council’s
and staff have allowed to happen and it would impact Mr. Tripp if he were just
to support the cost. Putting this off 3 or 4 months will cause a hardship to
Mr. Tripp.
Larry
Tripp, city resident, commented that he would like to see this go all the way through;
it would be more of a benefit to the City. As Mr. Steiner stated he would like
to be reimbursed 30 days after it is installed as he will be funding it. He
also said that he has built two homes and a four-plex here and his biggest
problem is finding satellite location. If someone puts a windmill in front of
his properties he has no recourse and that will be the first wave of complaints
to come into the City.
Leonard
Wells, city resident, commented that so far what he has heard the City saying
about the problem with doing this ends up being whether or not the papers
signed by the property owners when the spaghetti lines went in, the City
doesn’t think they are enforceable. In talking with title folks, and realtors,
these don’t have to be filed with anyone other than the City. Typically they
would be now days. They are just as legally enforceable simply by having the
City and title company that you go through who is responsible for checking with
the City. Also he would like to see what the city water department would like
to see. He understands they would like it to go through and complete the
section and the City can consider what it needs to do to force the other lots
currently getting water to hook up. If the property has sold, the agreement was
with the prior owner, not the current owner. An ordinance could be written
allowing them to get on. It should be done all over the City that if the City
puts the water lines in property owners don’t have to use the water, but should
be obliged to hook on, thus reducing the
expense to everyone in the City for having water.
Mayor
Pro Tempore Novak closed the public hearing and asked for a motion to adoption
of Ordinance 09-36(S) by reading of title only.
WYTHE/ZAK
SO MOVED.
Question
was raised as to when Mr. Tripp needs to have water available. Mr. Steiner
responded in 3 months.
WYTHE/ROBERTS
MOVED TO POSTPONE TO THE SECOND MEETING IN OCTOBER SEPTEMBER.
There
was discussion about moving the postponement to September. A friendly amendment
was expressed to postpone to the second meeting in September. Scheduling was
discussed an no opposition was expressed to that amendment. It was noted that the
owner has indicated the willingness to work with the City for a solution. It
was noted that it takes at least six weeks to make and ordinance change. City
Manager Wrede suggested the Council vote it up or down so the applicant can get
on with their work. Councilmember Wythe said her objective for the postponement
is to bring forward an ordinance that would the assurance in place that after
the money into building it the people will be required to hook up, if not the
current owners, then the new owners at the time of sale would be required to
hook up and pay the assessment. That way the City is ensured to recapture the
funds.
Question
about timeframe was posed to Public Works Director Meyer. He explained the
process takes time to go through engineering and review by the proper
authorities which could be a couple weeks to a couple months, but the actual
installation of the water line takes about a week.
VOTE:
(Postponement) YES: WYTHE, HOWARD, NOVAK, LEWIS, ROBERTS
NO: ZAK
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.
City
Manager Wrede advised the Council that the City Attorney explained that State
Statute and Borough Code require that Comprehensive Plans be adopted by
ordinance not resolution.
There
were no public comments.
D. Memorandum
09-106 from Police Chief, Re: Active Shooter Grant.
There
were no public comments.
ORDINANCE(S)
A. Ordinance 09-38, An Ordinance of the City
Council of Homer, Alaska, Amending Title 21 Zoning and Planning to Update 21.41
Flood Prone Areas to Reflect Revisions Recommended by FEMA and Adopting (by
Reference) the Flood Insurance Rate Maps (FIRM) Dated September 25, 2009. City
Manager/City Planner. Recommended dates: Introduction August 24, 2009, Public
Hearing and Second Reading September 14, 2009.
Memorandum
09-108 from City Planner as backup.
Mayor
Pro Tempore called for a motion for the adoption of Ordinance 09-38 for introduction
and first reading by title only.
WYTHE/LEWIS
SO MOVED.
There
was no discussion.
VOTE:
YES: ROBERTS, WYTHE, ZAK, HOWARD, NOVAK, LEWIS
Motion
carried.
B. Ordinance 09-39, An Ordinance of the
City Council of Homer, Alaska, Amending Homer City Code, Chapter 1.72 Port and
Harbor Advisory Commission Section 1.72.030, Proceedings of the Commission,
Chapter 1.74 Parks and Recreation Advisory Commission Section 1.74.030,
Proceedings of the Commission, Chapter 1.78 Economic Development Advisory
Commission Section 1.78.030, Proceedings of the Commissions to Meet Bimonthly.
Novak. Recommended dates: Introduction
August 24, 2009, Public Hearing and Second Reading September 14, 2009.
Mayor
Pro Tempore called for the substitution of Ordinance 09-39(S) for Ordinance
09-39.
WYTHE/ROBERTS
SO MOVED.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
Mayor
Pro Tempore called for a motion for the adoption of Ordinance 09-39(S) for
introduction and first reading by title only.
HOWARD/WYTHE
SO MOVED.
WYTHE/ZAK
MOVED TO REFER THE CHANGE OF DATE TO THE PORT AND HARBOR COMMISSION AND
ECONOMIC DEVELOPMENT COMMISSION FOR INPUT WITH THE SECOND READING BEING
POSTPONED UNTIL THE SECOND MEETING IN SEPTEMBER.
There
was brief discussion that this is a courtesy to extend to the Commissions to
let them decide.
VOTE:
YES: HOWARD, NOVAK, LEWIS, ROBERTS, WYTHE, ZAK
Motion
carried.
A. City Manager’s Report
City
Manager Wrede commented regarding the report from Community Schools. There
hasn’t been a report like this for quite a while and there is some eye opening
information regarding classes, and volunteers, and so forth. He thinks it
highlights the difficult decisions Council is going to have in the coming months.
There has been a lot of testimony about focusing on the City’s core functions
and that other things shouldn’t be considered. It is still a difficult thing
because when people are worried because of tough economic times and people are
anxious about their future, research shows that it is things like parks,
museums, and libraries that sustain people in those difficult times. He hopes
the public will understand and get involved to have a community wide dialogue
about what we want from our City government and what we are willing to pay for.
He hopes the Community will do that.
B. Bid Report
There
was brief discussion regarding the property for sale in Oscar Munson
Subdivision. Comment was made that previously it was considered for park land
but Council changed it in the Land Allocation Plan. It was noted that having
land like that for a pocket park is good for a neighborhood. City Manager Wrede
noted that the Seawall Homeowners Association had sent an email to the Council
asking them to reconsider that decision and he believes a copy of that was
included in a packet.
C. Question
of the Week – The Capital Improvement
Plan is currently being updated to establish the top 15 capital project
legislative priorities for 2010. Some projects being suggested include Park,
Homer Harbor, & water/sewer improvements, firefighting equipment,
intersection upgrades, & proposed projects by community organizations. What
would you like to see as a CIP priority?
COMMITTEE REPORT
A. Public Arts Committee
B.
Transportation Advisory Committee
Councilmember
Roberts reported that the Transportation Advisory Committee discussed getting
information to the public regarding the road improvement process through the
City newsletter and the Question of the Week.
C. Permanent Fund Committee
D. Lease Committee
PENDING BUSINESS
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, Postponed to August 24, 2009.
WYTHE/LEWIS
MOVED TO POSTPONE THIS ORDINANCE TO THE SECOND MEETING IN SEPTEBMER.
This
will follow with ordinance 09-39(S) the previous ordinance.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT.
Motion
carried.
B. 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.
WYTHE/LEWIS
MOVED TO POSTPONE THIS ORDINANCE TO THE SEPTEBMER 28th MEETING.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT.
Motion
carried.
C. 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.
LEWIS/WYTHE SO MOVED.
WYTHE/ROBERTS MOVED TO AMEND THE TITLE AND NOW
THEREFORE BY APPENDING IT WITH IT SHALL BE FOR SKYLINE FIRESTATION PHASE 1 IN
THE AMOUNT OF $85,000, AND FURTHER FOR FISHING LAGOON IMPROVEMENTS IN THE
AMOUNT OF $55,000, AND WITH THE BALANCE BEING ALLOCATED FOR COMPLETION OF
PROJECTS AT JACK GIST PARK.
There was discussion regarding the public comment
earlier regarding the ice house. City Manager Wrede was unsure if this project
would fall into the scope of the ARRA Funding. He can find out the cost. He
explained that it shuts down for maintenance, it is a very old plant, and at
least until now, the economics weren’t there and money has been lost keeping it
open in the winter. He can bring back a number for Council to consider along
with whether is feasible to achieve the maintenance schedule by staying open
longer.
VOTE: (primary amendment) YES: ROBERTS, WYTHE, ZAK,
HOWARD, NOVAK
NO: LEWIS
Motion
carried.
VOTE:
(main motion as amended): YES: ROBERTS, WYTHE, ZAK, HOWARD, NOVAK, LEWIS
Motion
carried.
A. Memorandum 09-114, from City Clerk,
Re: Request for Executive Session Pursuant
to AS §44.62.310(C)(1 & 5), Matters, the Immediate Knowledge of Which Would
Clearly Have an Adverse Effect Upon the Finances of the Government Unit and
Attorney/Client Privilege. (Frank Griswold vs. City of Homer 3KN-07-686CI –
Memorandum Decision and Order – Attorney Advice.)
Postponed
to the end of the meeting.
RESOLUTIONS
A. Resolution 09-88, A Resolution of the
City Council of Homer, Alaska, Amending the Library Advisory Board, Economic
Development Advisory Commission, Port and Harbor Advisory Commission, and Parks
and Recreation Advisory Commission Bylaws to Hold Bimonthly Meetings. Novak.
Mayor
Pro Tempore Novak called for a motion to adopt Resolution 09-88 by reading of
title.
ROBERTS/NOVAK
SO MOVED.
NOVAK/ZAK
MOVED TO POSTPONE THIS ORDINANCE TO THE SEPTEMBER 28TH MEETING.
There
was no discussion.
VOTE:
(Postponement) NON OBJECTION: UNANIMOUS CONSENT.
Motion
carried.
B. Resolution 09-89, A Resolution of the
City Council of Homer, Alaska, Amending the Frequency of the Public Arts
Committee and Transportation Advisory Committee Meetings to Quarterly Meetings.
Novak.
ROBERTS/LEWIS
MOVED TO ADOPT RESOLUTION 09-89.
WYTHE/LEWIS
MOVED TO POSTPONE THIS ORDINANCE TO THE SEPTEMBER 28TH MEETING.
There
was no discussion.
VOTE:
(Postponement) YES: HOWARD, NOVAK, LEWIS, ROBERTS, WYTHE, ZAK
Motion
carried.
C. Resolution 09-90, A Resolution of the
City Council of Homer, Alaska, Resolving to Have the Mayor and Council Provide
Their Own Brown Bag Lunches for Worksessions and Special Meetings. Novak.
Mayor
Pro Tempore Novak called for a motion for the adoption of Resolution 09-90 by
reading of title.
LEWIS/ROBERTS
SO MOVED.
There
was brief discussion that buying dinners for Council supports the local
businesses. Point was made that Councilmembers could still support businesses
by purchasing their dinners to bring with them.
VOTE:
YES: ZAK, HOWARD, NOVAK, LEWIS, ROBERTS, WYTHE
Motion
carried.
D. Resolution 09-91, A Resolution of the
City Council of Homer, Alaska, Awarding the Contract for the Jack Gist
Ballfields Project to the Firm of Coast Range Construction Inc. of Homer,
Alaska, in the Amount of $28,000.00 and Authorizing the City Manager to Execute
the Appropriate Documents. City Clerk.
Memorandum
09-109 from Acting Public Works Director as backup.
Mayor
Pro Tempore Novak called for a motion for the adoption of Resolution 09-91 by
reading of title.
WYTHE/LEWIS
SO MOVED.
There
was no discussion.
VOTE:
YES: WYTHE, ZAK, HOWARD, NOVAK, LEWIS, ROBERTS
Motion
carried.
E. Resolution 09-92, A Resolution of
the City Council of Homer, Alaska, Awarding the 2009 Septic Pumping Contract to
the Firm of Homer Septic Services of Anchor Point, Alaska, in the Amount of
$30,000 and $230 per Tank for Additional Tanks and Authorizing the City Manager
to Execute the Appropriate Documents. City Clerk.
Memorandum 09-113 from Public Works Inspector as backup.
Mayor
Pro Tempore Novak called for a motion for the adoption of Resolution 09-92 by
reading of title.
WYTHE/LEWIS
SO MOVED.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
F. Resolution 09-93, A Resolution of
the City Council of Homer, Alaska, Awarding the Water Treatment Plant Paving
Contract to the Firm of Peninsula Asphalt Paving, Inc. of Nikiski, Alaska, in
the Amount of $69,750.00 and Authorizing the City Manager to Execute the
Appropriate Documents. City Clerk.
Memorandum
09-111 from Acting Public Works Director as backup.
Mayor
Pro Tempore Novak called for a motion for the adoption of Resolution 09-93 by
reading of title.
WYTHE/LEWIS
SO MOVED.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
G. Resolution 09-94, A Resolution of the
City Council of Homer, Alaska, Acknowledging the Hoka Hey Challenge, Expressing
Support, and Authorizing the City Administration to Provide Assistance to the
Organizers as Appropriate. City Manager.
Mayor
Pro Tempore Novak called for a motion for the adoption of Resolution 09-94 by
reading of title.
WYTHE/LEWIS SO MOVED.
WYTHE/ROBERTS
MOVED TO POSTPONE THIS FOR FURTHER DISCUSSION AFTER THE ORGANIZERS HAVE
ACTUALLY VISITED HOMER IN SEPTEMBER.
The
Council discussed the challenges and benefits of having such a large group of
people arriving in Homer on the Fourth of July weekend. They recognized the
financial benefit to businesses in Homer and pointed out issues like fees and
performance bonding, lodging, camping, parking, dining, shower facilities,
restrooms, a suitable location for the event at the end of the race, and so
forth. The Council asked the City Manager to prepare a Special Event Permitting
packet for the Council to approve along with the resolution. The Council
expressed interest in having the organizers schedule their visit to coincide
with a Council meeting.
VOTE: (Postponement) YES: HOWARD, NOVAK, LEWIS,
ROBERTS, WYTHE, ZAK
Motion carried.
COMMENTS OF THE AUDIENCE
Don
McNamara, city resident, commented regarding the sale of Lot 79 Oscar Munson
Subdivision. He said he may have been the one to put Lot 79 in their ear as a
park. He isn’t sure why it is going up for sale, but it would be nice to have
some open land. It has some big trees and it also has an open sewer thanks to
one of the neighbors, so there should be a disclaimer in the bid packet.
Donna
Rae Faulkner, city resident, commented regarding the seawall. She brought a
vegetable tray with seven varieties of veggies and explained that we are going
into the 7th year since the seawall was deemed complete. She said
she is not doing this because she enjoys it and not because she is trying to
bribe them, but because she wants to make it memorable because she wants it to
get resolved soon. The Seawall Association isn’t representing the majority of property
owners; it certainly doesn’t speak for her. She would like to remind the
Council they have major concerns about that group and they want the special
service tax district to be rescinded. There is going to be an upcoming
election, if we start getting new council members again, this is a long ordeal and
as people start turning over, and this still sits out there unresolved. She
said they have given the Council a lot of rationale as to why the special
service tax district ordinance is unfair, inequitable, and too late. She wished
a lot of things were written as agreements early on. It is way too late for
that to happen at this point. The feel like everyone needs to pay their
assessment to the City. Everyone has been maintaining and repairing their
sections, many have put a lot into it already. The City has been generous and
kind to have the umbrella insurance policy and the would be happy to be billed
for their fair portion as they go along. They understand it is intended for
catastrophic failures, like earthquakes and tsunamis, not regular repairs and
maintenance. They hope and expect that Council will get rid of the tax
district. If the City is concerned that there are some who won’t pay or want to
develop an association, a smaller subset can be established to take on that
issue. Ms. Faulkner said she appreciates their patience and hope to get resolve
soon.
Leonard
Wells, city resident, commented that he presumes the City employees will still
get fed at the meetings that Council might brown bag for themselves. Regarding
the $5000 difference on what was allocated for Jack Gist Park and the bid, he
hopes Council will roll that over and add on to the $23,000 they are hoping to
get from the stimulus money to put up there at the park. He hopes Council can
successfully get the water and sewer on places like Fairview set up so in the
future the water and sewer placement through out the City can be more direct
and fair to all the City residents.
WYTHE/LEWIS
MOVED TO ADJOURN TO EXECUTIVE SESSION REGARDING MEMORANDUM 09-114 FROM CITY
CLERK, RE: REQUEST FOR EXECUTIVE SESSION
PURSUANT TO AS §44.62.310(C)(1 & 5), MATTERS, THE IMMEDIATE KNOWLEDGE
OF WHICH WOULD CLEARLY HAVE AN ADVERSE EFFECT UPON THE FINANCES OF THE
GOVERNMENT UNIT AND ATTORNEY/CLIENT PRIVILEGE.
There
was no discussion.
VOTE:
YES: ZAK, HOWARD, NOVAK, LEWIS, ROBERTS, WYTHE
Motion
carried.
Council
adjourned to Executive Session regarding Memorandum 09-114 at 9:51 p.m. the
meeting reconvened at 10:04 p.m. Mayor Pro Tempore stated they met and received
advice from the City Attorney.
COMMENTS OF THE
Attorney
Klinkner had no comment.
COMMENTS OF THE
Deputy
City Clerk Jacobsen had no comment.
COMMENTS OF THE
City
Manager Wrede had no comment.
COMMENTS OF THE MAYOR
Mayor
Pro Tempore Novak had no comment.
COMMENTS OF THE
Councilmember
Wythe commented that wind energy is often represented as a money saving effort.
She encouraged that people interested in wind energy do their homework to
ensure they have adequate wind before investing in a system. She requested on
future agendas that the Commissions be listed on the agenda so they will
recognize when it is their time to comment. She further requested that staff
report back on the feasibility of keeping the ice house open for an extended
time this year.
Councilmember
Zak said he appreciated the comments regarding the stimulus funds, additional
good ideas were heard. He commented the Museum Director did an excellent job of
community impact of leveraging funds in her presentation.
Councilmember
Roberts requested a report from the City Clerk’s Office regarding the number of
Committee and Commission meetings that are cancelled due to lack of a quorum.
Councilmember
Lewis commented regarding the Plastic Bag Ordinance that was discussed in
February. He said there are signs now showing where people are now using
biodegradable bags or no bags at all.
Councilmember
Howard wished everyone a good evening.
ADJOURNMENT
There
being no further business to come before the Council the meeting was adjourned
at 10:08 p.m. by Mayor Pro Tempore Novak . The next Regular Meeting is
scheduled for Monday, September 14, 2009 at 7:00 p.m. The next Committee of the
Whole is Scheduled for Monday, September 14, 2009 at 4:00 p.m. The next
Worksession is Scheduled for Monday, September 14, 2009 at 5:30 p.m.
MELISSA
JACOBSEN, CMC, DEPUTY CITY CLERK
Approved: