Session 08-23 a Regular Meeting of the Homer City Council was called to order on August 25, 2008 at 7:01 p.m. by Mayor James C. Hornaday at the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

 

PRESENT:     COUNCILMEMBERS:       HEIMBUCH, HOWARD, NOVAK,                                                                                                   ROBERTS, WYTHE

 

                        ABSENT:                               SHADLE (excused)

                       

                       STAFF:                                   CITY MANAGER WREDE

                                                                       CITY CLERK JOHNSON

                                                                       

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

 

Mayor Hornaday ruled Councilmember Shadle was excused. There was no objection from the Council.

 

Council met as a Committee of the Whole from 4:04 p.m. to 5:21 p.m. Agenda items were: 2009 Budget – Revenue Sources for General Fund; Depreciation on Operating Reserves 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 agenda was approved by consensus of the City Council with the following changes:

Public Hearing(s) - Spruceview/Noview Road Improvement District – written public comments.

 

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

 

Ralph Broshes, city resident, asked Council to support Resolution 08-92. Parking needs to be dealt with in a timely manner. Changes need to be done in the park before working on the parking area. There is a possibility of coordinating with other outdoor construction, like the hospital. He supports the Karen Hornaday Park Master Plan, a means of coordinating work on the park.

 

Mimi Tolva, Homer resident and Parks and Recreation Advisory Commissioner, supports Resolution 08-92. The commission just passed the Karen Hornaday Park Master Plan recommendations last week. A lot of recommendations pertain to the bridge, Woodard Creek and its drainage programs. It is hoped much work can be completed while the hospital is working on their building.

 

Roberta Highland, city resident, supports Resolution 08-92. Kachemak Conservation Society supports the efforts at the park. She named the supporters for bringing the gaps together at the park and project work on Woodard Creek at the same time.

 

Bob Shavelson, Executive Director of Cook Inletkeeper, supports Resolution 08-92. We have worked on Woodard Creek for a number of years and as Homer grows it will be a gem to polish and increase live-ability here.

 

Beth Cumming, city resident, supports Resolution 08-92. She asked Council to recognize the eastern section of Karen Hornaday Park that has been used as a dumping ground for fill and city projects. Dumping fill made an impact on Karen Hornaday Park and Woodard Creek. The eastern section needs to be recognized as a park. The park is Homer’s largest and oldest and provides beauty and experience of the natural world. Two people care about the park and have made major contributions to park. They are Jim Hornaday and Bill Bell.

 

Heath Smith, city resident, supports Resolution 08-92, Karen Hornaday Park has been a center for recreation for many years and it has progressed and grown. He encouraged Council to support Resolution 08-93, and is looking forward to a long term relationship with the City. He is looking to build a profitable partnership. Mr. Smith inquired of Resolution 08-94, as he did not know there was additional lease space available or a Request for Proposal issued for that space.

 

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 11, 2008 Regular   Meeting. City Clerk.                                                                                        

 

B.         Memorandum 08-114, from Mayor, Re: Appointment of Nikolai Yakunin to the          Economic Development Advisory Commission.  

 

Mayor Hornaday called for a motion for the adoption and/or approval of the recommendations of the consent agenda as read.

                                   

WYTHE/NOVAK – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

VISITORS

 

A.        Heather Beggs, Pratt Museum

 

Heather Beggs, Director of the Pratt Museum, announced the Pratt’s reaccreditation with the American Association of Museums. Their capital campaign is underway to renovate the museum and grounds; it is requested the renovation project be included in the city’s Capital Improvement Plan. The museum is one of five within Alaska that has received accreditation; Pratt was accredited first in 1982 and then in 1997 and 2008. During the accreditation process it was determined the museum needs to find a more stable funding mechanism. Ms. Beggs is optimistic the City will be relieved of the annual allocation, until then the City’s ongoing financial support is crucial for revenue streams to keep the doors open. The Pratt makes efficient use of resources and leadership, staying on course and adding great value to the City.  The City makes a wise investment by supporting the community museum. The Pratt takes public responsibility by collecting sales tax in the gift shop, fundraising efforts and hosting statewide conferences. These contributions amount to an annual amount exceeding $500,000 back into the community.

 

B.         Tom Crafford, Department of Natural Resources, Re: Pebble Mine

 

Tom Crafford, Department of Natural Resources, is the mine coordinator for the Pebble Project. He provided an update of the project:

·        Development permitting will begin with submittal of permit applications, in 2009 or 2010.

·        Submittal of major federal permit applications will trigger the EIS process.

·        8 Diamond Drill Rigs, focused on deep Pebble east Orebody, 2 Geotech Rigs.

·        Monthly Inspections – generally 2-person interagency teams that include reps from DEC, DNR & ADFG.

·        ADFG Commissioner and Directors visited site in July, ADFG Habitat Biologist was on site for about a week in early August.

·        Pebble Partnership is looking at Tailings Disposal Site alternatives.

·        Baseline Studies – technical working groups – wildlife, marine, hydrology, surface & groundwater quality, geochemistry, fish, aquatic organisms.

·        Baseline study www.PebblePartnership.org – click Environment tab.

·        Inspections www.dnr.state.ak.us/mlw/mining/largemine/pebble/index.htm

 

C.        Lisa Reimers, Iliamna Development Corporation

 

Lisa Reimers, Iliamna Development Corporation, explained the people in the region depended on commercial fishing in the past. Presently they have Pebble Mine, a boost to the community. Their future has no plan to sustain the communities. A film was shown of the Iliamna people and their differing views on Pebble Mine.

 

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH    REPORT/COMMISSION REPORTS

 

Bill Smith, KPB Assemblyman, provided information on first class cities availability to set their own sales tax rates for food. If the sales tax food exemption initiative passes at the Borough level it would decrease revenue by $1.8M, or .4 mill in property taxes. Annual Borough sales tax generated is $29M+; property tax is $29M-. If the initiative is repealed it is unlikely the voters would request less funding for schools. Sales tax is totally dedicated to schools. One scenario is that property taxes will have to be increased to continue funding schools if the initiative passes. Mill rates are historically low, as property tax relief has come about. The City of Homer will have to decide which way to go on sales tax exemption of food items if it passes at the Borough level.

 

Asked about reserve taxes, Assemblyman Smith stated the anticipated reserve will be $17M; it is recommended $15M. If the mill rate is maintained and property values and sales taxes remain steady the reserves will hit the bottom recommendation. The Assembly took effort in changing the sales tax rate to 3% for a better balance for property taxpayers. Lowering the reserves and mill rate to their current status has resulted in taking the minimum from taxpayers and funding reserves.  

 

A.        Memorandum 08-118 from Port and Harbor Advisory Commission, Re: Support of      Resolution 08-81 Requesting Department of Transportation Transfer Parking        Management and Enforcement Authority within the Sterling Highway Right of Way Between Freight Dock Road and Fish Dock Road.                                          

 

B.         Letter from South Peninsula Hospital, Re: Critical Access Hospital Designation.

                                                                                                                                   

PUBLIC HEARING(S)

 

A.        Spruceview Noview Road Improvement District – Final Assessment Roll

                                                                                                                                   

Heather Beggs, Pratt Museum, stated the museum only has access to Bartlett Street. There is a good faith intent to access Spruceview, and they are happy to pay the assessment if a deferred assessment is granted.

 

Councilmember Wythe noted the letter from Edith Davis stating there is no access on her property. Her Lot 13B, KPB parcel 175-133-30 does not touch Spruceview. She asked how Mrs. Davis’ lot was included in the assessment. Councilmember Wythe acknowledged the Pratt Museum request for deferred assessment on KPB parcel 175-101-22, and access points on two sides. Additionally, Marvin and Judith Hanson Lot 11A, KPB parcel 175-133-27 does not touch the road. Allan and Mary Coleman KPB parcel 175-123-18 footage should be corrected. She asked that staff provide an explanation on properties that do not touch the road and how they became part of the assessment district.

 

B.         Ordinance 08-24(S), An Ordinance of the City Council of Homer, Alaska, Combining             the Conflict of Interest Code 1.12 and the Code of Ethics 1.18 Entitled Conflicts of     Interest, Partiality, and Code of Ethics, Chapter 1.18. Roberts. Introduction June 23,     2008, Public Hearings July 28, 2008 and August 11, 2008 and Second Reading August 25, 2008.

 

There was no public testimony.

 

Councilmember Roberts will present a supplemental ordinance for the September 8th meeting.

 

ROBERTS/NOVAK - MOVED TO POSTPONE TO THE FIRST MEETING IN SEPTEMBER, SEPTEMBER 8TH.

 

Councilmember Roberts will add City Attorney Klinkner’s suggestions and provide a substitute ordinance.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

             

C.        Ordinance 08-39, An Ordinance of the Homer City Council Accepting and      Appropriating a 2008 Volunteer Fire Assistance/Rural Fire Assistance Grant in the          Amount of $5,000.00 from the State Department of Natural Resources for the Homer          Volunteer Fire Department and Authorizing the City Manager to Execute the Appropriate             Documents. City Manager/Fire Chief. Recommended Dates: Introduction August 11,    2008, Public Hearing and Second Reading August 25, 2008. 

 

There was no public testimony.

 

ROBERTS/WYTHE – MOVED TO ADOPT ORDINANCE 08-39.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

D.        Ordinance 08-40, An Ordinance Amending the Homer Zoning Code to Remove Certain          Provisions Concerning Size Limitations on Wholesale and Retail Structures that were          Invalidated by the Alaska Supreme Court. City Manager. Recommended Dates:    Introduction August 11, 2008, Public Hearing and Second Reading August 25, 2008.  

 

Roberta Highland, city resident, supports Ordinance 08-40 and thanked everyone for all their work.

 

NOVAK/ROBERTS - MOVED TO ADOPT ORDINANCE 08-40 BY READING OF TITLE ONLY.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

ORDINANCE(S)

 

A.        Ordinance 08-27, An Ordinance of the City Council of Homer, Alaska, Amending the             Homer City Code Section 21.53.040 to Add a Subsection to Add the Building Height       Limitation at Thirty-Five Feet. City Clerk. (HCC correction) Introduction July 28, 2008, Public Hearing August 11, 2008 and Second Reading August 25, 2008.           

 

            Ordinance 08-27(S), An Ordinance of the City Council of Homer, Alaska, Amending the Homer City Code Section 21.53.040 to Add a Subsection to Add the Building Height       Limitation at Thirty-Five Feet. City Clerk. (HCC correction)

 

Mayor Hornaday called for a motion     for the adoption of Ordinance 08-27(S) by reading of title only for second and final reading.

 

WYTHE/ROBERTS – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Ordinance 08-31, An Ordinance of the City Council of Homer, Alaska, Creating an     Appointed Board of Ethics in the Homer City Code Section 1.79.  Roberts. Introduction    July 28, 2008, Public Hearing August 11, 2008 and Second Reading August 25, 2008.                                                                                                                               

Councilmember Roberts will present a supplemental ordinance for the September 8th meeting.

 

ROBERTS/WYTHE - MOVED TO POSTPONE SECOND READING OF ORDINANCE 08-31 TO SEPTEMBER 8, 2008.

 

Councilmember Roberts will add City Attorney Klinkner’s suggestions and provide a substitute ordinance.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

C.        Ordinance 08-41, An Ordinance of the City Council of Homer, Alaska, Amending the             Official Road Maintenance Map of the City of Homer by Adding 2,120 Linear Feet   of Road Improvements to Compass Drive, Candlelight Court and Craftsman Road, or        .41 Miles of Rural Road. City Manager/Public Works. Recommended Dates:   Introduction August 25, 2008, Public Hearing and Second Reading September 8, 2008. 

                                                                                                                                   

            Memorandum 08-115, from Public Works Director as backup.

 

Mayor Hornaday called for a    motion for the adoption of Ordinance 08-41 for introduction and first reading by reading of title only.

 

NOVAK/ROBERTS – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

D.        Ordinance 08-42, An Ordinance of the City Council of Homer, Alaska, Appropriating             $70,000 from the Police Department Fleet Reserves for the Purchase and Outfitting of      Three New Patrol Cars. City Manager. Recommended Dates: Introduction August        25, 2008, Public Hearing and Second Reading September 8, 2008.                 

 

            Memorandum 08-117, from Police Chief as backup.

 

Mayor Hornaday called for a    motion for the adoption of Ordinance 08-42 for introduction and first reading by reading of title only.                      

 

WYTHE/ROBERTS - SO MOVED.

 

Councilmember Roberts voiced satisfaction the Police Department did a thorough job in investigating cars with good prices that will reduce emissions.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

E.         Ordinance 08-43, An Ordinance of the City Council of Homer, Alaska, Accepting and            Appropriating a Loan in the Amount of $5 Million Dollars from the Alaska Department   of Environmental Conservation (DEC) for Construction of the New Water Treatment        Plant. City Manager. Recommended     Dates: Introduction August 25, 2008, Public     Hearing and Second Reading September 8,       2008.

 

Mayor Hornaday called for a    motion for the adoption of Ordinance 08-43 for introduction and first reading by reading of title only.

                       

WYTHE/NOVAK - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

F.         Ordinance 08-44, An Ordinance of the City Council of Homer, Alaska, Purchasing Tax           Foreclosure Property, Kenai Peninsula Borough (KPB) Tax Parcel Number 1779-080-50, and Designating its Use for Public Purpose and Authorizing the City Manager to     Execute the Appropriate Documents. City Manager. Recommended Dates:             Introduction August 25, 2008, Public Hearing and Second Reading September 8, 2008.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-44 for introduction and first reading by reading of title only.

 

WYTHE/HOWARD – SO MOVED.

 

Councilmember Wythe expressed her less than eager support of the purchase, and inquired if public purpose could be for resale of the parcel to reduce the overall assessment. If the parcel is removed from the assessment, it would be spread among the remaining parcels.

 

City Manager Wrede will investigate the matter fully. It is his understanding Council can re-designate the parcel for sale. He emphasized his reason for bringing the purchase forward is the benefit to the City. It is a ½ acre of land near the airport on Kachemak Drive. With water and sewer service it will be worth much more. It can be sold at a later time.

 

Councilmember Wythe commented if land cannot be resold the City should not own it.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

G.        Ordinance 08-45, An Ordinance of the City Council of Homer, Alaska, Amending the             FY 2008 Harbor Reserves Budget by Authorizing the Expenditure of $30,000 for Deep   Water Dock Security Gates. City Manager/Public Works. Recommended Dates: Introduction August 25, 2008, Public Hearing and Second Reading September 8, 2008.

                                                                                                                                     

            Memorandum 08-121 from Public Works Director as backup.

 

Mayor Hornaday called for a    motion for the adoption of Ordinance 08-45 for introduction and first reading by reading of title only.          

 

WYTHE/NOVAK - SO MOVED.

 

NOVAK/WYTHE – MOVED TO CHANGE THE SECOND READING DATE UNTIL THE SECOND MEETING IN OCTOBER (OCTOBER 27).

Councilmember Novak requested the time to acknowledge support of the project, and to request funding from Homeland Security or other agencies that are requesting the gate be placed.

 

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

 

Motion carried.

 

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

 

Motion carried.

           

CITY MANAGER’S REPORT

 

A.        City Manager’s Report  

 

  1. City of Soldotna / Unprepared Foods Tax Exemption: At the last meeting, I mentioned during the Manager’s Report that the Soldotna City Council was going to consider a resolution requesting that the Kenai Peninsula Borough amend its code to provide First Class Cities within the Borough the option to tax unprepared foods if the initiative passes. If the voter initiative passes, First Class Cities like Soldotna and Homer will have to adopt the exact same sales tax exemptions as the Borough. It is my understanding that the Borough, under State law, has the power to provide a “local option” if the Assembly agrees and amends the Borough Code. The Soldotna City Council adopted its resolution and it has been forwarded to the Borough. A copy of the Resolution and a back-up memo from the City Manager is attached. If a sponsor can be found, the Borough ordinance could be introduced at the Assembly meeting in Homer in September. I bring this to your attention again because it might be worth considering doing the same thing. I am aware that some of you support exempting unprocessed foods from the sales tax and I certainly understand that position. However, passing a resolution of this type is about establishing a local option, not about expressing an opinion on the initiative. I think that it is a good idea to have the City of Homer and its residents deciding taxation policy on the local level, not voters in Cooper Landing and Nikiski. The Council might, during its budget deliberations, decide that another tax measure might work best for Homer given its unique circumstances. If this initiative passes, Council’s choices will be very limited.  
  2. Tsunami Signs: The Public Works Department has replaced the missing Tsunami Warning Signs. It turns out that DOT/PF had the replacement signs. Public Works has them now and the City will take responsibility for ordering signs when necessary and replacing them. It could be argued that it is DOT/PF’s responsibility to do this because both Kachemak Drive and the Spit Road are State Roads. However, DOT/PF may have trouble getting the money for these signs and replacing them will never be as high a priority for the State as it is for the City. So, it just seemed easier for the City to jump in and do it.
  3. Deep Water Dock Damage: On August 14, a NOAA vessel attempting docking operations at the Deep Water Dock significantly damaged four fenders. It has been determined that the damage needs to be repaired but is not extensive enough to prevent interim use of the dock. We are hiring marine engineers (PN&D) to survey the damage, design repairs and provide a cost estimate. An inspection is scheduled for Friday, the 22nd. A bill for the damage will be send to the federal government.  
  4. Planning Commission Training: As you know, the Planning Commission has a number of new members, a new City Planner, and a new City Attorney. Rick has been working on obtaining some training for the Commission and hopes to have that scheduled ASAP. It is likely that at least some of the training will be conducted by Tom Klinkner and/or Holly Suozzo, your new attorneys. I think it will be good for the Planning Commission, the new planner, and the City attorney’s to go through the training together. 
  5. Bear Proof Garbage Can Lids: Tammy at Public Works Parks has ordered and recently taken delivery of some new, manufactured garbage can lids that make the City garbage cans essentially bear proof. This helps to keep both people and bears safe. The early word on these manufactured lids is good. Research so far shows these lids work even better than the plastic bear proof garbage cans the Conservation Society is making available to the public. The Parks staff like these lids because they work, they are relatively inexpensive and they use existing garbage cans (old 55 gallon drums). The staff have no trouble lifting and handling them and therefore new garbage cans and garbage hauling contracts are not needed. There are now 20 bear proof garbage cans around town including 4 at Karen Hornaday Park, 3 at Ben Walters Park, and 2 at the RV Dump. Public Works is now looking at ways to bear proof some of the larger cans and dumpsters.  
  6. C.I.P. List: This fall, the Council will be working on its new C.I.P. List and Legislative Priorities. Council members have made various suggestions and comments about this list recently. Council also received a recent Memorandum from Anne Marie which contained some recommendations obtained from a training she attended. Attached is a memorandum which makes some suggestions regarding the C.I.P list and hopefully, will get you thinking about this prior to the topic being on the agenda. This week Anne Marie and I hope to speak with our legislators and the Governor’s office about this list and how it can be developed to achieve the goals of both the state and the city.
  7. Main Street Rehabilitation / Main Street and Sterling Intersection: Within the next few weeks, I plan to travel to Anchorage and/or Juneau to work with DOT/PF staff on several projects. These projects include completion of the Spit Trail, assumption of parking authority on parts of the Spit, Main St., and getting started on the engineering and feasibility work on the Deep Water Dock expansion. One project that will require some Council attention relatively soon is Main Street. As you know, the FY 09 State Capital Budget contained another $2 Million dollars for City Hall / Town Square. When Homer voters rejected the bond sale, this $2 Million was quickly moved over to a project called Main Street Intersection / Reconstruction before the budget was passed and the legislature adjourned. This was appropriate because of our on-going discussions with DOT/PF about Main Street rehabilitation and because that particular intersection has been identified by both the Homer Police and the State Traffic Study as the one most in need of traffic control. There are some decisions to be made here. $ 2 million is not enough to do both; bring Main Street up to City Urban Road Standards and install traffic control at the intersection of Main St. and the Sterling Highway. This is especially true if the community prefers a roundabout: which is DOT/PF’s preference. Also, the money is not going to DOT/PF but directly to the City. The City may be able to use the money for the intersection and as leverage for more State funds to rebuild Main Street along the lines of the current discussions. The questions we need to discuss soon include 1) should the City do the work or pass the money to DOT/PF 2) What is more important, refurbishing Main Street (paving, underground utilities, separated sidewalks) or traffic control at the intersection of Main and Sterling, 3) Does the community want a roundabout or a conventional traffic signal. This may merit a workshop at a minimum and possibly a broader planning/public engagement effort.
  8. Problems at Bishops Beach: We have received a number of calls about problems at Bishops Beach during the evening hours. The complaints usually involve loud cars, speeding, parties, drug dealing, and litter. The Police Department is aware of the problem and has been trying to address it. Unfortunately, Bishops Beach is not the only problem spot and it is not even the worst. Ben Walters Park and Karen Hornaday Park lead the pack. This has been a difficult summer and the Police have been very busy dealing with problems including vandalism, burglary, drinking, and drugs. 
  9. Loan Ordinance: This Agenda contains an ordinance accepting and appropriating a $5 million dollar loan from DEC for the water treatment plant. This may seem a little after the fact to you since Council already approved application for a loan up to $8 Million ( Resolution 07-115) and established acceptable terms. We applied for less money than authorized and got a lower interest rate than was approved by Council. We decided that it would be a good idea to come back with an ordinance just so the record is clear and unambiguous that the Council accepted the loan and approved the terms and the repayment schedule.
  10. Legal Transition: The transition from Perkins Coie to Birch, Horton, Bittner, and Cherot is well underway. This is not easy when the former attorney has files that go back 20 years! Thankfully, we don’t have to store them here. Birch Horton is briefed and up to speed on all active files. They have taken possession of active and recently closed filed and we are working on transferring the closed files and some additional electronic files also. It is likely that some of the older closed files will be copied to disks or other electronic storage to save space. Birch, Horton Attorneys have already performed a significant amount of work for the City. Tom Klinkner recently represented the City at a court hearing in Kenai regarding a motion to place an injunction on construction of the new Kachemak Shellfish Growers Association building. Holly Suozzo drafted a brief for the City regarding an appeal before the Borough Board of Adjustment on a proposed platting action and beach ownership issues at County Club Estates Subdivision. Both of them are assisting Bryan is disposing of a derelict boat in the harbor.

 

Council thanked staff for replacing the tsunami signs, even though they are not the City’s function. City Manager Wrede asked Council to think about the way the Capital Improvement Plan (CIP) is compiled, per his memo providing recommendations. Additionally, Main Street and the Sterling Highway intersection need Council’s input and discussion. A Special Meeting was scheduled for September 22, 2008 at 5:30 p.m. for discussion on Main Street Rehabilitation. The CIP procedures will be discussed at the scheduled Worksession on September 8th at 5:30 p.m.

 

Mayor Hornaday stated it is disturbing that hard drugs are hitting Homer. Anchorage is cracking down on more troublesome criminals; those people may be spreading out to other communities. He is requesting a resident District Attorney in Homer, as it is time we do more than we have been. The police cannot do it all themselves. A few years ago he tried to attack the drunk driving issue, and now is the time to work on the drug issues. Councilmember Novak commented there are parties and drug dealing operations happening in Karen Hornaday Park and Ben Walters Park. We are talking about refurbishing parks, yet they do not quite fit together with the criminal activities going on. Mayor Hornaday concluded parents need to take a more active role, along with adding more police on the beat.                                                                   

 

B.         Bid Report                                                                                                      

 

C.        Question of the Week                                                                                      

           

COMMITTEE REPORT

           

A.        Comprehensive Plan Community Advisory Committee

 

B.         Public Arts Committee

            (September 18, 2007 Worksession 10:00 a.m. and Regular Meeting 11:00 a.m.)

 

C.        Transportation Advisory Committee

            (September 16, 2008 Regular Meeting 5:30 p.m.)

 

D.        Permanent Fund Committee

            (October 9, 2008 Regular Meeting 6:00 p.m.)

 

E.         Lease Committee

 

PENDING BUSINESS

 

NEW BUSINESS

 

RESOLUTIONS

 

A.        Resolution 08-88, A Resolution of the City Council of Homer, Alaska, Extending the   Auditor Contract with Mikunda, Cottrell and Co. for Fiscal Year 2008 in the Amount of          $54,000.00 and Authorizing the City Manager to Execute the Appropriate           Documents.      City Clerk.

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-88 by reading of title only.

 

ROBERTS/NOVAK – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Resolution 08-89, Of the City Council Amending the Bylaws of the City of Homer       Economic Development Advisory Commission. City Manager.              

 

            Memorandum 08-116 from Special Projects Coordinator as backup.

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-89 by reading of title only.        

 

HOWARD/WYTHE – SO MOVED.

 

Council discussed the addition of the Economic Development Advisory Commission (EDC) review of Planning Commission recommendations. The intent is for the EDC to review and comment on the Planning Commission recommendations pertaining to business developments in Homer. Another amendment to the bylaws is the addition of a high school student as a non-voting member.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

C.        Resolution 08-90, A Resolution of the City Council of Homer, Alaska, Supporting       Legislation Introduced by Senator Lisa Murkowski Regarding Temporary Credit Against Income Tax for Commercial Fishermen to Offset High Fuel Costs and Urging Passage of     this Legislation Prior to Completion of this 2nd Session of the 110th Congress. Mayor.

 

Mayor Hornaday called for a    motion for the adoption of Resolution 08-90 by reading of title only.

 

WYTHE/ROBERTS - SO MOVED.

 

HEIMBUCH/ROBERTS - MOVED TO AMEND THE THIRD WHEREAS, ON THE 2ND LINE TO ADD “INCLUDING CHARTER VESSELS.”

 

Discussion ensued on the validity of amendments to Senator Murkowski’s proposed legislation.

 

VOTE: NO. UNANIMOUS.

 

Motion failed.

 

HEIMBUCH/WYTHE – MOVED TO ADD ANOTHER BE IT FUTHER RESOVLED THAT THE CITY COUNCIL OF THE CITY OF HOMER SUPPORTS INCLUSION OF CHARTER VESSELS IN THIS LEGISLATION.

 

NOVAK – MOVED FOR A FRIENDLY AMENDMENT TO ADD LINE THREE IN THE NOW THEREFORE BE IT RESOLVED TO ADD “COMMERCIAL CHARTER BOAT FISHERMEN.”

 

Motion failed for lack of a second.

 

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

 

Motion carried.

 

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

 

Motion carried.

 

D.        Resolution 08-91, A Resolution of the City Council of Homer, Alaska, Supporting       Legislation Introduced by Senator Lisa Murkowski Regarding Treatment of Amounts        Received in Connection with the Exxon Valdez Litigation and Urging Passage of  this       Legislation Prior to Completion of this 2nd Session of the 110th Congress. Mayor.         

 

Mayor Hornaday called for a    motion for the adoption of Resolution 08-91 by reading of title only.

 

WYTHE/ROBERTS – SO MOVED.

 

This will allow for averaging income tax, resulting in a savings for recipients.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

E.         Resolution 08-92, A Resolution of the City Council of Homer, Alaska, Supporting the             Idea of a Trail and Other Park Enhancements in the Filled Area of Karen Hornaday Park. Roberts/Heimbuch.      

 

Mayor Hornaday called for a    motion for the adoption of Resolution 08-92 by reading of title only.                                                                 

 

ROBERTS/HEIMBUCH – SO MOVED.

 

The Parks and Recreation Advisory Commission is presenting a Master Plan for Karen Hornaday Park. The plan includes recommendations to improve parking.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

F.         Resolution 08-93, A Resolution of the Homer City Council Awarding a Car Rental Concession Lease to Active Car Rental of Homer, Alaska, in the Amount of $194.25 per Month, Plus 10% of Rental Fees and Authorizing the City Manager to Execute the Appropriate Documents. City Manager.                                                   

 

            Memorandum 08-119, from Airport Terminal Manager as backup.      

           

Mayor Hornaday called for a motion for the adoption of Resolution 08-93 by reading of title only.

 

WYTHE/NOVAK - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

G.        Resolution 08-94, A Resolution of the Homer City Council Awarding a Car Rental Concession Lease to Homer Alaska Car Rental of Homer, Alaska, in the Amount of $85.75 per Month, Plus 10% of Rental Fees and Authorizing the City Manager to Execute the Appropriate Documents. City Manager.                                       

 

            Memorandum 08-120, from Airport Terminal Manager as backup.

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-94 by reading of title only.                    

 

Failed for lack of a motion.

 

COMMENTS OF THE AUDIENCE

 

Orman Marquardt, city resident, cited Ordinance 03-50 passed for excessive motor vehicle noise. He questioned why there was no enforcement. The same law is a State law. He resides on Main Street and Bunnell Avenue and activity has been going on for years. People that live in the area see the drug activity going on constantly. Why does the ordinary citizen see it when the police do not? If cars race all the way down to the Spit and he can hear it from his bedroom, why cannot the police?

 

Mayor Hornaday commented there is only one policeman on duty at night. Councilmember Novak said there was discussion of placing speed bumps on Bunnell Avenue.

 

Mr. Marquardt commented there is money in the police department; they are hired to enforce laws. When Jack Cushing was Mayor and Ron Drathman was City Manager they were instrumental in getting a stop sign. Before that the speeders would come down Main Street doing 40 to 50 mph, turn on Bunnell and fly into the ditch. When he asked the police what they would do, they said to mind your own business. There is never anything in newspaper about anyone being fined for reckless driving. Additionally, there are drunks up and down Main Street each weekend urinating in the middle of the street. It has been going on for years.

 

Mimi Tolva, Homer resident, commented there are many people concerned with increased drug problems and bad behavior. We have enough cops; they may need a different schedule. It induces some of the good kids to behave badly. There is only one way in and out of the beach. There should be severe consequences for bad behavior, vandalism and speeding. We need to use what we have wiser. A more watchful eye is needed to curb it.

 

Councilmember Heimbuch commented in July the police responded to over 600 calls. It is not likely we will have money for more policemen. He asked where cuts could be made?

 

Ms. Tolva answered more consequences are needed for those who habitually violate.

 

Linda Feiler, city resident, lives on the Old Town corner and hears mufflers, shouting, screaming, cursing, and wrote the letter about the dead dog. She asked if anybody cares. If kids knew there was no warning, no jail sentence, it just meant your car was taken away, they buy a new muffler and learn how to slow down. You play hard. More policemen that don’t do anything are not needed. In Florida they installed a little camera. Everyone next to Two Sisters knows every drug dealer in town. Last night there were people in town and five police cars showed up. She doesn’t know how they can’t hear the mufflers. Ms. Feiler wants assurance she can continue to live without fear. She doesn’t want to worry about walking. Tiny camcorders are needed at Bishop Beach parking lot, Karen Hornaday Park and Frisbee Court.

 

Leonard Wells, city resident, commented on candidacy filing. People are not wanting to serve on City Council as they are not willing to file the APOC papers voters said no to. The City Council decided their current view was more important. The APOC papers give information on relatives and their financial setup when the State gave the right to say no.

 

Donna Rae Faulkner, city resident, commented on the Ocean Drive Seawall, stating it was unfair to have a resolution in place five years after all the problems. She asked that Council read her letter. She is hopeful the insurance claim gets answered. Ms. Faulkner supports the people on Main Street and Bunnell Avenue and encouraged Council to add speed bumps and the police to find solutions. The police should answer to the community and to Council.

 

Don McNamara, city resident, stated he paid off the Seawall assessment and would like to get out of the Seawall LID.

 

COMMENTS OF THE CITY ATTORNEY

 

City Attorney Klinkner was not present.

 

COMMENTS OF THE CITY CLERK

 

City Clerk Johnson reminded everyone to get out and vote tomorrow.

 

COMMENTS OF THE CITY MANAGER

 

City Manager Wrede is aware of the vandalism and drugs. He will continue to talk with the Police Chief. They may be able to reallocate resources differently. It is a community issue that the police alone cannot solve, they can only enforce to the best of their ability. Whatever is at the bottom of the problems we have been experiencing lately have spiked. In analyzing the police calls over the last month, the Old Town area is not even close to being the biggest area of town. He is all ears if anyone has ideas on anything the City can do better.

 

COMMENTS OF THE MAYOR

 

Mayor Hornaday welcomed Library Director Helen Hill back. It is good to see her.

 

COMMENTS OF THE CITY COUNCIL

 

Mayor Pro Tempore Novak stated it is clear there are problems. It will take more than one department or more than one neighborhood to get involved. He hopes we can find a format in the way to deal with it.

 

Councilmember Howard encouraged the City Manager and Police to check into policing models in other cities. These are community issues and we all need to be eyes and ears. With good training for community members, there will be a significant drop in crime and the community will be returned to the proper people. It takes all to participate.

 

Councilmember Roberts explained the ordinance passed for the Water Treatment Plant ($5M loan) was originally $8M. The amount was reduced due to additional funding that was found. She thanked city employees who rapidly put the tsunami signs back up. A lot of different people in the City helped.

 

Councilmembers Wythe and Heimbuch had no comments.

 

ADJOURNMENT

 

There being no further business to come before the Council the meeting was adjourned at 8:56 p.m. by Mayor James C. Hornaday. The next Regular Meeting is scheduled for Monday, September 8, 2008 at 7:00 p.m. The next Committee of the Whole is scheduled for Monday, September 8, 2008 at 4:00 p.m. A Worksession is scheduled for Monday, September 8, 2008 at 5:30 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: _____________________