Session 06-19 a Regular Meeting of the Homer City Council was called to order at 7 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, McLAY, NOVAK, SHADLE, STARK, WYTHE.
STAFF: CITY CLERK CALHOUN
CITY MANAGER WREDE
PUBLIC WORKS DIRECTOR MEYER (portion of the meeting)
Department Heads may be called upon from time to time to participate telephonically.
The Council met as a Committee of the Whole from 4:01 to 5:30 p.m. agenda items were Homer as a Hot Spot
regarding Wireless Internet and the Regular Agenda.
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: Written Public comments;
Consent Agenda: Substitute Ordinance 06-49(S), Councilmember McLay requests that Ordinance 06-51, be placed
under Ordinances as Item. A. and plans to amend that the Map on packet page 35, with Ordinance 06-48/Ordinance
06-20(A), replace Exhibit A. on packet page 77. Councilmember Shadle requests that Item N. Resolution 06-117, be
pulled from the Consent Agenda and placed under Resolutions as Item. E. and plans to amend that the agreement be
deleted and that the credit cards be issued, also included previously passed Resolution 06-69(S) as backup.
Resolutions: Substitute Resolution 06-120(S) incorporating Councilmember McLay's amendment.
Councilmember McLay requested that Consent Agenda Item D, Ordinance 06-48 be deleted in entirety. There were
no objections.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Public May comment on any matter on the agenda except Public Hearing items - Deferred Assessments for Hillside
Acres Water and East End Road water and/or Sewer and Ordinance 06-45,to Provide for the Establishment of the
Annual Property Tax Levy Rate to be set by Budget Ordinance or Resolution.
Frank Griswold, City resident, addressed the Council regarding Resolution 06-115, setting three minute time limits for
Boards and Commissions, stated that the supporting whereas clauses are either baseless and/or irrelevant. The
purpose of the Resolution is not to "assist the public in being more prepared", it is to discourage and stifle citizen
testimony so that the Clerk does not have to record it and so that the Council does not have to acknowledge it. Active
public participation is a corner stone of a democracy, which should not be sacrificed for the efficiency of meetings and
minutes preparation. The City organizational chart rightly depicts the people of Homer in the top box and that the
Mayor, Council and advisory bodies are depicted in the boxes below and that City officials are supposed to be
subservient to the people, and suggested limiting the testimony of City officials and putting the question to a vote, if it
really has public support. The recording of public comments in synopsis form opens the door to manipulation or
elimination of that testimony. What does "points made in deliberation shall be reflected only" mean. What is wrong
with a he said/she said format, the only thing better is verbatim transcription. Passing this Resolution indicates that the
Council is not interested in hearing what the citizens have to say. Chairpersons of Advisory Bodies should not be
staring at a three minute egg timer, instead of paying attention to comments. Anyone voting for this deceptive and
repressive Resolution should be voted out of office. He suggested changing the $10 charge for tapes, in violation of
AS 4025120c.
Roberta Highland, City resident, voiced support for the three minute time limit and expressed support for Resolution
06-116, regarding land donated to City to be given to the Kachemak Bay Equestrian Association after it raises the
necessary funds for the Equestrian Park. Asked the Council to advise HEA, regarding the power line issue on
Baycrest (Country Club Estates), to stop any further action until the City has time to review the issue. Wondered how
the road and subdivision were ever allowed. Support for responsible development and good neighbor policies. Wants
to see a Steep Slope Development Ordinance as near future as possible.
Councilmember Stark, with permission of the Mayor, stated that it is not a road it is a driveway.
Mayor Hornaday noted that there are many definitions of words for which people disagree.
Bryan Zak, Homer resident, declared conflict of interest on Baycrest, being a property owner there. Advised that he, as a property owner, was given a copy of the covenants of Country Club Estates.
The easement calls the driveway a road, copies provided for Council. The road crosses his property. Concern
expressed regarding road stability and safeness. Asked HEA to not trespass on his property due to these concerns.
Exceeded scope and intent of easement when they crossed his property. Provided HEA a letter of his willingness to
work with Country Club Estates to come to a reasonable agreement on where power could be allowed to unit owners
down below. Thanked the Mayor and Council.
Mayor Hornaday noted that a lot of City time has been spent on this matter.
DeWaine Tollefsrud, City resident and one of the people connected with this (1), expressed his assurance that the
Mayor and Council are quite aware of their situation. Sitting before them as a befuddled citizen wondering how
outside developers of a new subdivision, conceived and constructed by dubius means, can get away with stealing
$50,000 to $60, 000 from the value of his family's property, stealing the future of his land while laughing at the
integrity and good intentions of the City Council and Borough Assembly for falling for their lies and deceits.
Continued to laugh all the way to the bank and then to the airport to leave town. How can this be happening?
Concerning the loss of the anchor alders that stabilize the already eroding bluff. Mark Kinney from USDA Natural
Resources Conservation Services says in a letter that because of the soils' inherent erosion potential and tendency to
unravel easily when disturbed it is important that the alders be protected to the greatest extent possible. Who will be
responsible, if this comes to pass, for the loss of property values and the land itself? This is not the property owners'
fault, having done everything they can to stop this. Watching as the value of their legacy; their 29 year investment of
time, taxes and community involvement; goes directly to inflate the value of property acquired and defined by
purposeful misrepresentation by speculative developers, who have no other investment in the community than the
profit to be gained from the sale of the real estate. Asked for a show of hands of who is for irresponsible development
(no hand seen) - meaning exhibition of a lack of respect for the land, neighbors and community at large. Is the
community just going to throw up its hands saying that this is terrible, but "we" can do nothing about it, and let it go
at that? What would the Mayor and Council do if it were happening to them? The neighborhood is not of the mind
set, "Well, I'm here now, let's shut the door." Homer is a stunning place to live and don't mind sharing with new
comers. Welcome all, respect what is here and the rights of all who have come before. If the Council does not act
tonight to further investigate the evidence in their possession and consider ways to prevent things like this from
happening, it says to the constituency that Council is willing to let things be and that it will also be contributing to the
problem. He stated that in his situation it is the loss of legacy to their daughter. He thanked the Mayor and Council for
their time and consideration.
Mr. Tollefsrud asked for permission to read his wife's letter since she was called out of town on a family emergency. The Mayor granted him permission, there were no objections from the Council. He read Jane Tollefsrud's letter: Those who live along the bluff's edge are not asking for man to stop the ways of nature nor for money to be spent as in the building of a protective seawall. Asking for someone in the City and/or Borough systems to stop the destruction being caused by irresponsible developers before more, irreparable damage is done and to step up to the plate and accept the responsibilities of the positions as representatives of the people. 60 Homer area people have signed a petition asking for this consideration and further investigation. Stop:
Telling them to get a lawyer and to sue the developers or the Borough or HEA. They have neither the money nor the desire.
Saying it can't be done, and use your professional experience and personal contacts to help. Saying its too late, they
still have their corridor of alders, until somebody somewhere signs the dotted line authorizing the clear cutting of their
anchor trees no physical harm has been done. Who is going to accept the responsibility of allowing their 29 year
investment to be sacrificed for quick profit by those who care not one whit about the future of the land or harmful
effects on the neighbors. Amount of case documentation was noted. If this utility corridor hits, the public will want to
know who will be accepting the retribution. City and Borough need to work together, let the buck stop here tonight,
do what is right. Do not allow this stinky load to be dumped on a few victims. Expose the gross violation of waiver
intent and acquisition. Immediate intent toward legislative that protects bluff property owners, atrocity happening
within City limits, time to demand and enforce reasonable and responsible actions. Subsequent damage or utility
corridor threatens property, homes, lives, the future and robs them of their life long dream and their daughter of her
inheritance. Asked the Mayor and Council to please help, its not too late to do the right thing. She thanked them.
Michael McCarthy, lives on Kachemak Drive, advised that he is a retired registered geologist Oregon No. 611.
Concern is the safety of the property owners adjacent to the utility easement through Baycrest Subdivision and
avoidance of costly lawsuits. Suggest City revoke present utility easement: Soil and slope stability concerns. Mark
Kinney, District Conservationist for the Homer Field Office of the Natural Resource Conservation District, letter
dated August 15, 2006. Same soil underlying Joe Lawlor's property which slid off a few years ago. Personal easement
problem with the Alaska Communication System, ACS cleared a swath of their property adjacent to Kachemak Drive
while they were gone November 2000, for the purpose of placing a small diameter telephone cable, an unreasonable
and excessive use of the easement. Similar case resolved by Alaska Supreme Court January 30, 1981 - Wrangell
Mountain Enterprise vs. James H. Edwards, et al, No 4586. When this case was brought to the attention of ACS
damages were quickly paid to Mr. McCarthy. A similar case could be brought against HEA, if the utility easement
creates a slope failure and diminution of property value occurs. Attached case sheet and Mark Kinney letter to his
written comments given to the Clerk.
Comments from Mayor and City Manager regarding Regulatory Commission Report, that HEA is within their rights
to do what they are doing.
Milli Martin, KPB Assemblywoman, stated that the Borough is not entirely at fault, having followed, at least in part, an Alaska Statute. Due to concerns expressed by the Baycrest Subdivision and others, research was done on how Country Club Estates was established and found that the owners availed themselves of a plat waiver as per AS 29.40.090, a giant loop hole around City subdivision codes. Borough Attorney advised that waivers avoid numerous protections of the platting code, including but not limited to:
No reference to standard notes and restrictions of record.
No certificate of plat so easements or restrictions of record are not noted.
No requirement for prepayment of taxes.
No notice to beneficial interest holders.
Possibility of encroachments because of a lack of clear property lines.
Potential for inaccurate acreage where rights of way are inaccurate or roads misplaced.
Utility companies are unable to acquire easements as part of the process.
Potential for ambiguous lot location.
Four stipulations have to be met for a plat waiver:
No notice requirement.
No comment from the City.
There is an appeal process, after the Borough Planning Commission has acted. But only within the first 30 days after the decision. )Since surrounding property owners were not notified they were totally unaware of the actions.)
Plat approved in 2005, good faith parcels have been sold and built on - therefore the Borough cannot go back and cannot revisit that particular issue.
Hope the City will carefully monitor what happens in that subdivision. Owners did indicate access would be from the
beach, no power and implied no power needed. Access now via driveway and a switch back, very steep terrain that
has badly eroded. Concern regarding that driveway, how can emergency response be assured? Concern about placing
power pole within 28 feet of the edge of a very deep drop off. Does HEA leaving a four foot remainder of alders
satisfy concerns? Know too little about the dynamic of those bluffs, what any construction will do that close to the
bluff. Requested a study of the bluffs in a meeting with Borough Mayor Williams. Requested consideration of adding
a requirement to Borough Code for notice to surrounding property owners be added to the plat waivers. Current
Statute, Code are limiting, have to go to the legislature for amendments to the Statute. Senator Gary Stevens in
Homer September 15th and will meet with him and Representative Seaton and will look for support from the Homer
City Council. City may comment through its representative on the on the Borough
Mayor Hornaday wanted to assure notice to the City about plat waivers, Ms. Martin responded that the City Planning
Department is and was notified.
Zoe Tollefsrud, lives at Mount Augustine Drive on Baycrest Hill, commented about being a little nervous, that her
mother has told her countless times these past few weeks about how imperative saving the trees on the bluff is to her.
She commented an the hard work of her mother making phone calls, organizing paper work, missing important day to
day things such as Zoe's Birthday and Volley Ball games and that she recognized that her mother was fighting for her
and her future. She commented on her future, making Homer her home, the beauty of the area, honor to raise a family
here, and the privileges experienced. She expressed desire for the family house to be standing for her children.
Gee Denton, Baycrest Subdivision, shared some of the personal things that have happened, amount of hours and even
days of work missed by those in the neighborhood, causing a financial hardship. Impacts to family such as missing
important days, birthdays, and postponing health care. Her father passed away on July 23rd in Illinois and she stayed
in Homer. Many nights without sleep. All due to the urgent issues facing them with their eroding bluff. The urgency of
Country Club estates to obtain power down their street and the same steep bluff. Searching to find threads of hope for
assistance for protection of their life investment. Spent hundreds of hours and dollars. Have folders of documents,
causing inquiry as to how a plat waiver could have been issued with five requirements not met. Why do they have to
carry the burden of the financial weight. Who do they go to for help? Currently a house in Country Club Estates that
is falling off the bluff, septic system near the edge, propane tank appears to be sitting in a crack. Asking Council to
review the driveway and work done to date, and ask if this was responsible development. Council's honest concern is
needed their behalf and on the behalf of the future of Homer.
Bill Smith, citizen of Homer, commented on the issue of the Borough, how this was handled and that it could be
changed if the City acquired its own platting authority. City request that the Borough devise a process to pass some of
the platting authorities to the City. Process would bifurcate the platting process so that the Borough would maintain
the technical GIS and other platting requirements and the public process would remain with the local community.
Take a lesson from this situation, move to more local authority and ask the Borough to pass this on to the City.
Jill Berryman, live in the Community for about 32 years, commented that she knows quite a few of the Council on
many various and different levels and that she appreciates the opportunity to speak to the matter of the bluff. She told
a little story about her bluff, about "whacking away" to better her view and the next spring there was massive big
gully erosion, interjecting the stupidity of that act. She reported that they have replanted and are working like crazy to
get the alders back and the million dollar view is going to be looking between the alders. The bluff is very, very fragile
and anything done to it is so connected and the community and neighborhood are connected. She expressed her desire
that the community get back to the same feeling such as when someone has a flat tire that people stop to assist. Need
to be supportive of each other not fight each other.
Shirley Thompson, part of the Baycrest Subdivision, dittoed to all that has been said. Has owned property here for 25
years, having moved here about eight years ago. Gone is the wooded area that used to exist a few years ago and the
bluff has broken off right up to Trish and Gene Mangiardi's home and they are working hard to keep more erosion
from happening, particularly under their house. She stated that she fails to understand why anyone who has been out
there, the ACOE, EPA, have been unable to see fragility of their bluff. Concerns about property not being there in
five years, if this continues and they let them cut the trees down. Not a matter of losing the view anymore it is a
matter of losing property, reiterating the earlier comment by G. Denton about one of the homes and added more
description. There are roads on the plat that are only on paper and have no right of way. She provided written
comments from two individuals that were unable to attend.
Lane Chesley, Homer Planning Commissioner and resident, commented on Baycrest Subdivision, having been a
resident of that area in 1987 when the first road was cut down the hillside to access that property. Property owner
contacted Chief Purcell (2), who said there was no way that fire apparatus would be able to get down there nor would
he ever send it down there. A lot of problems were created for the uphill property owners when that road was
constructed, the cut actually causing erosion on the upper property. Planning Commission has on their work list the
idea of a grading and filling permit, a trigger for the developer to meet with the Planning Department regarding
standards and to address some of these things early on. He expressed hope for Council's support.
Deb Cox, member of the Baycrest Subdivision uphill resident, noted for the record that she is concerned about the
power line installation, that sounds somewhat eminent. If the bottom of Baycrest Subdivision goes so will the top,
eventually. Even if the permits are correct and HEA has the right to do what they are going to do. Possibly things
should be slowed and looked at. She thanked the Council for their time.
Rika Mouw, live in the City, expressed agreement with the eloquent dialog before her and that in the end "we" will be
defined, not only by what "we"create, but by what "we" refused to destroy. A legacy to live by. Once this bluff is gone
it is gone. Cannot believe that the City cannot stop this, it has that power - to protect its citizenry, land and taxable assets.
Mayor Hornaday stated that the City has attorneys working on this.
Mayor Hornaday called for a recess at 7:46 p.m., reconvening the meeting at 7:52 p.m.
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.)
If approved under Agenda Approval: Item G. placed under Ordinances as Item A. Item N. placed under Resolutions
as Item E.
A. Homer City Council unapproved meeting minutes of August 14, 2006 Regular Meeting. City Clerk. Recommend
approval.
B. Ordinance 06-46, Of the City Council of Homer, Alaska to Create a New City Fund to Retain Monies Raised
from Sales Tax and Target Toward PERS Shortfalls Pursuant to the State Mandate. Wythe/Heimbuch. Recommend
introduction for first reading, Set Public Hearing and Second Reading for September 11, 2006.
Placed under Ordinances as Item. B.
C. Ordinance 06-47, Of the Homer City Council Amending Homer City Code Section 17.04.040, Necessity of
Improvement--Improvement Plan, Addressing Lot Line Vacation in Equal Share per Parcel Local Improvement
Districts. Shadle. Recommend introduction for first reading, Set Public Hearing for September 11, 2006 and Second
Reading for September 25, 2006.
Placed under Ordinances as Item D.
D. Ordinance 06-48, Of the City Council Amending Ordinance 06-20(A), Amending Homer City Zoning Map to
Rezone to a Gateway Business District (a Sub District of the Central Business District) Portions of Rural Residential
(RR) and Portions of Urban Residential (UR) Zoning Districts Fronting on the Sterling Highway West Hill Area to
the South West Boundary of the Central Business District (CBD), to Reflect a New Effective Date of October 15,
2006. Heimbuch/McLay. Recommend introduction for first reading, Set Public Hearing and Second Reading for
September 11, 2006.
Memorandum 06-138, from Planning.
Deleted in entirety from the agenda under Agenda Approval.
E. Substitute Approved under Agenda Approval: Ordinance 06-49(S), Of the City Council of Homer, Alaska
Accepting and Appropriating Three Department of Commerce, Community and Economic Development Grants for
Rescue Systems Upgrade in the Amount of $28,000.00, for Homer City Hall in the Amount of $2 Million, and for
Smolt Stocking for Nick Dudiak Fishing Lagoon in the Amount of $10,000.00; and Authorizing and Approving the
City Manager's Execution of the Appropriate Documents. City Manager.
Fiscal Note: Account No. Revenue and Expenditure Account 151-736 DCCED Grant - Rescue Systems Upgrade
$28,000.00, Revenue and Expenditure Account No. pending DCCED Grant- Homer City Hall $2,000,000.00,
Revenue 415-922 DCCED Grant - Smolt Stocking Nick Dudiak Fishing Lagoon and Expenditure 415-922 P/H Smolt
Stocking Nick Dudiak Fishing Lagoon $ 10,000.00. Recommend introduction for first reading, Set Public Hearing
and Second Reading for September 11, 2006.
F. Ordinance 06-50, Of the Homer City Council Amending Homer City Code Section 22.10.055, "Underground
Utilities". Heimbuch. Recommend introduction and First Reading August 28, 2006, Public Hearing for September 11,
2006, Second Reading for September 25, 2006.
Placed under Ordinances as Item C.
G. Moved to Ordinances as Item A. approved under Agenda Approval. Ordinance 06-51, Of the City Council of the
City of Homer, Alaska Amending Homer City Code Title 21 (Zoning) to Create a new Gateway Business District
known as Chapter 21.55 and Amending the Zoning Map to Rezone Portions of Rural Residential (RR) and Portions
of Urban Residential (UR) Zoning Districts Fronting on the Sterling Highway West Hill Area to the South West
Boundary of the Central Business District (CBD). City Manager. Planning. Recommend introduction for first reading,
Set Public Hearing for September 11, 2006 and Second Reading for September 25, 2006.
Memorandum 06-142, from Planning as backup.
Placed under Ordinances as Item A. with the proposed amendment under Agenda Approval.
H. Resolution 06-111, Of the Homer City Council Relating to "View" as an Emerging Private Property Right.
Heimbuch. Recommend adoption.
Placed under Resolutions as item F.
I. Resolution 06-112, Of the Homer City Council Authorizing the Application for an Alaska Department of
Environmental Conservation Municipal Matching Grant in the Amount of $1,271,523.00, with the Required Local
Match of $1,271,523.00 for the Construction of the Homer Water Treatment Plant Phase III. City Manager. Fiscal
Note: Request for Matching Grant money to be allocated from the Homer Water and Sewer Accelerated Program.
Recommend adoption.
J. Resolution 06-113, Of the City Council Asking for a Legal Opinion on the Fee Structure for the Port and Harbor
Area with the Intent of Setting a Different Fee Schedule for Homer Service Area Residents and Those Outside.
Heimbuch. Recommend adoption.
K. Resolution 06-114, Of the City Council of Homer, Alaska Awarding the 2006 Septic Tank Pumping Contract to
Homer Septic Services of Homer, Alaska in the Amount of $18,000.00 and Authorizing the City Manager to Execute
the Appropriate Documents. City Clerk. Fiscal Note: Account Number: 200-504. Recommend adoption.
Memorandum 06-139, from Public Works as backup.
L. Resolution 06-115, Of the City Council Revising their Operating Manual, Section 3. Policies of the Homer City
Council, Under Policy Directives, By Amending "City Council and Commission, Board Minutes" and by Adding a
Section "City Council and Commission, Board Meeting Public Comments/Testimony and Audience Comment Time
Limits" and Directing the Council's Advisory Bodies to Amend their Bylaws and Policy and Procedure Manuals
Accordingly. Wythe. Heimbuch. Recommend adoption.
Placed under Resolutions as Item I.
M. Resolution 06-116, Of the City Council of Homer, Alaska Expressing its Intent to Make a Donation of Property,
Kenai Peninsula Borough (KPB) Tax Parcel Numbers 179-390-0300--179-390-0700, to the Kachemak Bay
Equestrian Association (KBEA), Provided KBEA Raises the Necessary Funds to Build an Equestrian Park as
Proposed on the Donated Lots and Adjacent KBEA Property. City Manager. Fiscal Impact: Assessed value
$32,000.00. Recommend adoption.
N. Moved to Resolutions as Item E. Approved under Agenda Approval. Resolution 06-117, Of the City Council of
Homer, Alaska Revising the City of Homer Procurement Policy and Procedures Manual by Adding a New Section,
for Credit Card Use. City Manager. Recommend adoption.
Placed under Resolutions as Item E. with proposed amendment under Agenda Approval.
O. Resolution 06-118, Of the City Council Authorizing the Naming of a Ball Field at Karen Hornaday Hillside City Park in Memoriam of Sherry Hagen. City Clerk. P/R Recommend adoption.Page 241
Parks and Recreation Resolution 06-02, from Parks and Recreation Commission as backup.
P. Resolution 06-119, Of the City Council Acknowledging the Town Center Task Force Final Report in
Memorandum 06-143. City Clerk. Recommend adoption and implementation.
Memorandum 06-143, from City Planner as backup and final report.
Placed under Resolutions as Item. G.
Q. Resolution 06-121, Of the City Council Accepting the July 2006 Final Homer Water and Sewer Master Plan by
Bristol Environmental and Engineering Services Corporation as the Official Plan for the City of Homer. City Clerk.
Recommend adoption.
Memorandum 06-147, from Public Works as backup.
Placed under Resolutions as Item H.
R. Memorandum 06-140, from City Clerk, Re: Travel Authorization for Councilmember Wythe to Attend AML
Retirement Management Board Meeting in Anchorage, August 30, 2006. Fiscal Note: Mayor and Council: 2006
Budget: 100.100.5236, Transportation: $6,500.00 and100.100.5237, Subsistence: $4,500.00. Travel is estimated at
$250.00, Subsistence is estimated at $200.00 plus per diem, $53.00 per day, for three meals. Recommend
authorization.
S. Memorandum 06-141, from City Clerk, Re: Vacation of North Avenue 40 foot ROW and a Portion of Beluga
Street 50 foot ROW Dedicated by WR Benson's Subdivision Amended and any Associated Public Utility Easements
and the 10 foot Utility Easement on West Boundary of Tract 37A and 39A-1. Note: Alternate ROW are Proposed to
be Dedicated with the Subdivision. Town Center. Recommend non veto.
Councilmember Stark requested that Item B. be pulled and placed under Ordinances as Item B. and that Item H. be
placed under Resolutions.
Councilmember Wythe requested that Item F. be placed under Ordinances as Item C. and that Items P.Q. be placed
under Resolutions G. and H.
Councilmember Novak requested that Item L. Resolution 06-115 and Item C. Ordinance 06-47 be placed under
Ordinance Item D. and Resolutions Item I.
WYTHE/SHADLE/STARK - SO MOVED TO APPROVE THE CONSENT AGENDA AS AMENDED.
There was no discussion.
VOTE: YES: (except Items B, C, F, G, H, L, N, P. and Q which were placed under either Ordinances or Resolutions
and Item D. was deleted in entirety.) NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VISITORS
None scheduled.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS
Mayor Hornaday announced that he attended the dedication of another Habitat for the Humanities Home.
Borough Assemblymember Milli Martin thanked the Mayor and Council and staff for the gubernatorial candidate
forum at Lands End.
Mayor Pro Tempore McLay commented on attending his parent's 65th Anniversary Dinner Party.
A. Memorandum 06-144, from Councilmember Shadle, Re: AML Summer Session Report.
B. Memorandum 06-145, Regarding Labor Day Public Service Announcement Regarding Rules and Common Courtesy on the Beach, Memorandum 06-146, Motorized Beach Use and Parks and Recreation Commission Resolution 06-03, Requesting and Supporting and Funding for Parks and Recreation Projects from the City of Homer City Council for the 2007 Budget. Park Walk Through Summary. Parks and Recreation Report.
There was no action. The City Clerk's Office will add this public service announcement to the regular advertising schedule.
PUBLIC HEARING(S)
A. Deferred Water and/or Sewer Assessments for East End Road and Hillside Acres Water and Sewer Improvement
Project. Final action of Council scheduled for September 11, 2006.
There was no public testimony.
B Ordinance 06-45, Of the City Council Amending HCC Section 9.04.040, Annual Tax Levy, to Provide for the
Establishment of the Annual Property Tax Levy Rate to be set by Budget Ordinance or Resolution. City Clerk. (First
Reading August 14, 2006, Public Hearing and Second Reading August 28, 2006.)
There was no public testimony.
HEIMBUCH/NOVAK - MOVED TO ADOPT BY READING OF TITLE ONLY.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
ORDINANCE(S)
Mayor Hornaday reiterated his previously declared conflict of interest regarding gateway ordinances and excused
himself from the table at 8:09 p.m. after handing the gavel to Mayor Pro Tempore McLay.
A. Consent Agenda Item G. Ordinance 06-51, Of the City Council of the City of Homer, Alaska Amending Homer
City Code Title 21 (Zoning) to Create a new Gateway Business District known as Chapter 21.55 and Amending the
Zoning Map to Rezone Portions of Rural Residential (RR) and Portions of Urban Residential (UR) Zoning Districts
Fronting on the Sterling Highway West Hill Area to the South West Boundary of the Central Business District
(CBD). City Manager. Planning.
Recommend introduction for first reading, Set Public Hearing for September 11, 2006 and Second Reading for
September 25, 2006.
Memorandum 06-142, from Planning as backup.
HEIMBUCH/NOVAK - SO MOVED TO ADOPT ORDINANCE 06-51 FOR FIRST READING AND
INTRODUCTION BY READING OF TITLE ONLY.
McLAY/HEIMBUCH - MOVED TO A AMEND TO SUBSTITUTE THE MAP FROM ORDINANCE 06-20(A)
WITH THE MAP THAT IS PRESENTED WITH O6-51.
Brief comment on maps, that the Commission appears to be headed for the designation of residential office for those
two lots to the west. Seems that the lots to the east were inadvertently removed. Note the merging of maps 35 and
77, and the area resulting (lots to the west of West Hill and Lots by the Old School - Alfred Anderson Subdivision Lots).
WYTHE/HEIMBUCH - I WOULD MOVED TO AMEND THE AMENDED MAP TO INCLUDE THE ALFRED
ANDERSON SUBDIVISION LOTS 2(A). (3)
There was no discussion.
VOTE: (secondary amendment to primary amendment 1.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
There was no discussion.
VOTE: (primary amendment 1 as amended) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
NOVAK - MOVED TO AMEND ON LINE 133, E. 2. IT SAYS, STARTING ON LINE 132, IN BUILDINGS
LARGER THAN 8,000 SQUARE FEET RETAIL BUSINESS USE IS LIMITED TO NO MORE THAN 50% OF
THE BUILDING. AMEND TO ADD THE WORD BUILDING AREA AND THEN PERIOD AFTER THE
WORD AREA.
Before the amendment was recognized Councilmember Novak stated that this is a clarification to define what the 50%
is, in terms of square footage.
City Manager Wrede called Council's attention to the comments that the City Planner made during the Committee of
the Whole that there were a couple of changes that needed to be made and that she did not get these to the Clerk and
that maybe these can be ready for the next meeting.
Mayor Pro Tempore McLay did not recognize the motion and Councilmember Novak withdrew his amendment
pending the introduction of the changes at the next meeting.
Mayor Pro Tempore McLay advised Councilmember Wythe that the Commission representative stated that those lots
on the Sterling Highway adjacent to the West Hill Road, with quite a bit of testimony, that this area would be worked
on after this Ordinance from West Hill to Bidarka Creek going to residential office as a portion of that. He noted that
one of the concerns was a traffic problem, with these lots adjacent to the highway, for business purposes in the
Central Business District (CBD). If they do a rezone to Residential Office (RO) the properties will still be, pretty
much, utilized the same way whether in CBD or RO, will not change the use nor diminish traffic problem.
There were no further comments.
VOTE: (main amended motion) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Mayor Hornaday returned to the table at 8:22 p.m. and received the gavel from Mayor Pro Tempore McLay.
B. Consent Agenda Item B. Ordinance 06-46, Of the City Council of Homer, Alaska to Create a New City Fund to
Retain Monies Raised from Sales Tax and Target Toward PERS Shortfalls Pursuant to the State Mandate.
Wythe/Heimbuch. Recommend introduction for first reading, Set Public Hearing and Second Reading for September
11, 2006.
STARK/NOVAK - MOVED TO INTRODUCE BY READING OF TITLE.
It was noted that this is better dealt with in the budget process. There were no further comments.
VOTE: YES: HEIMBUCH, WYTHE.
NO: SHADLE, STARK, NOVAK, McLAY
Motion failed.
C. Consent Agenda Item F. Ordinance 06-50, Of the Homer City Council Amending Homer City Code Section
22.10.055, "Underground Utilities". Heimbuch. Recommend introduction and First Reading August 28, 2006, Public
Hearing for September 11, 2006, Second Reading for September 25, 2006.
WYTHE/SHADLE - I WOULD MOVED FOR THE APPROVAL OF ORDINANCE 06-50 BY READING OF
TITLE ONLY.
Councilmember Wythe declared a conflict of interest that as an employee of a utility.
City Clerk Calhoun pointed out that since Councilmember Wythe has declared a conflict she should not be the one to
make the motion.
Motion not recognized.
STARK/NOVAK - I MOVE TO APPROVE ORDINANCE 06-50 BY READING OF TITLE.
Mayor inquired of City Manager and City Clerk regarding similar declarations.
City Manager Wrede commented about financial interest and the appearance of a conflict, also a question asked if the
individual feels that they can rule fairly and impartially.
Mayor Hornaday inquired of Councilmember Wythe if she felt that she could rule fairly and impartially.
Councilmember Wythe responded that she thinks she can because she knows she has a personal opinion that exceeds
her employment there.
Mayor Hornaday asked for input from the City Clerk Calhoun, who expressed concurrence with the City Manager's response.
Mayor Hornaday queried Councilmember Wythe if she has an direct financial interest.
Councilmember Wythe stated that she does not.
Mayor Hornaday ruled that he does not think that she has a conflict, unless the Council wants to overrule.
Council voiced no objections to the Mayor's ruling.
It was noted that, in some locations, installing underground utilities is far more hazardous to the area and if one is
taking underground utilities in the concept of steep slope development there are few things more harmful to steep
slope than putting utilities underground. This is a bad Ordinance, not doable, not enforceable. Council requested a
substitute Ordinance prior to the public hearing on September 11, 2006.
City Manager Wrede stated that Council does have the authority to pass an Ordinance of this nature, staff
recommends it be located elsewhere in the City Code and that there are situations wherein placing utilities
underground would not be practical.
McLAY/WYTHE - MOVED TO POSTPONE ORDINANCE 06-50 TO SEPTEMBER 25TH MEETING.
Discussion: Weigh an emerging value, view. Not postpone keep going. Need to find a vehicle to shore up the decision of the City Manager. Put off the development until the issue (4) can be addressed.
Ordinance 05-39(S) was mentioned, that it did not pass and that this Ordinance or one similar come back to the
Council for adoption. Need an Ordinance to come back to the Council that is more concrete. The City Manager has
the full support of the Council as he moves forward on discussions and negotiations. Comments pro and con
regarding the time line and on postponement, some felt two weeks was more than enough time. The postponement
gives 4 weeks. Developers are going to be responsible for paying for the costs of off sight improvements related to
the installation of utilities, cut and dry. Concern expressed regarding HEA moving forward if the Ordinance is postponed.
VOTE: (postponement) YES: McLAY, WYTHE, SHADLE, NOVAK.
NO: STARK, HEIMBUCH.
Motion carried.
D. Consent Agenda Item C. Ordinance 06-47, Of the Homer City Council Amending Homer City Code Section
17.04.040, Necessity of Improvement--Improvement Plan, Addressing Lot Line Vacation in Equal Share per Parcel
Local Improvement Districts. Shadle. Recommend introduction for first reading, Set Public Hearing for September
11, 2006 and Second Reading for September 25, 2006.
NOVAK/WYTHE - MOVED TO INTRODUCE ORDINANCE 06-47 BY READING OF TITLE.
There was no discussion.
NOVAK/WYTHE - I JUST WANTED TO GO TO LINE 46 AND MAKE AN AMENDMENT TO SAY, THAT IT
SAYS IN THERE THAT THE VACATION MUST OCCUR NO LATER THAT THE PUBLIC HEARING
NOTICE, I WOULD ASK TO CHANGE THAT TO "MUST OCCUR PRIOR TO THE PUBLIC HEARING
NOTICE. "
Comments: This was carefully thought out and the time frame proposed took care of the problem. The problem was
discussed at the last meeting, wherein, when in an LID (of equal shares per parcel) a property owner vacates a
property line, causing the rest of the property owners assessments to increase. If this is done by the time of the
construction phase it solves the problem. Don't want to hurt people from vacating a property line, just don't want to
cause an economic impact on the neighbors. Support for the amendment in that the earlier a vacation is require the
less impact, and will eliminate a knee jerk reaction or a forethought after voting against of for an LID to go through.
So now reads: 1. If a landowner vacates a property line or property lines for the purposes of combining more than one parcel to form a single parcel of land (including without limitation lots and tracts of any size) originally listed as more than one parcel in a local improvement district where assessments are proposed to be set as a fixed and equal amount per parcel Page without regard to the characteristics of the parcel, i.e., without regard to the parcel size or dimensions, then that vacation must occur prior to the public hearing notice. [must occur no later than the public hearing notice] sent to the property owners pursuant to HCC 17.04.040(b); and
2. A vacation of lot line(s) must occur within the time line stated in HCC 17.04.040(b)(1) for a parcel to be assessed as a single parcel
The emphasis of the Ordinance is clear, done prior to the public hearing and not done in reaction to the public hearing process.
VOTE: (primary amendment 1. ) YES: NON OBJECTION., UNANIMOUS CONSENT.
There were no further comments.
VOTE: (main motion as amended) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
CITY MANAGER'S REPORT
A. City Manager's Report (No written report submitted.)
B. Bid Report. (1 RFP - Professional Engineering Services - Water/Sewer Design - Award is pending. 2. Bid - 2006
Septic Tank Pumping Contract, See Consent Agenda Item K. Resolution 06-114, for Award of Contract. 3. RFP -
Comprehensive Plan Update Proposals for professional planning and/or engineering services for an update to the City
of Homer Comprehensive Plan will be received at the Office of the City Clerk, City Hall, City of Homer, 491 East
Pioneer Avenue, Homer, Alaska until 4:00 P.M., September 15, 2006. 4. Bid - Snow Removal and Sanding Services
2006/07, 2007/08, 2008/09 Sealed Bids will be received by the Office of the City Clerk, 491 E. Pioneer Avenue,
Homer, Alaska 99603 until 2:00 p.m., September 20, 2006. 5. Bid - Manley/Desperate Marine Building Demolition
Project. Sealed bids for the construction of Manley/Desperate Marine Building Demolition Project will be received at
the office of the City Clerk, City Hall, City of Homer, 491 East Pioneer Avenue, Homer, Alaska, until 2:00 PM,
Thursday, September 21st, 2006.)
C. Public Input on Question of the Week.
City Manager Wrede apologized for not having a written report in the packet, that he was not in the office last week.
He reported on the paving and striping project and that the plan is still to put a bike lane on each one. He advised that
there are some right-of-way issues and so some of the pedestrian lanes may be a little narrow. The paving project will
not be done by the holiday, but should be done shortly thereafter. He also addressed the HEA issue on the top of the
hill, that there is a lot of research being done, City Attorney and Borough Attorney are reviewing, HEA understands
concerns and have delayed any action and there is a scheduled discussion tomorrow morning. He emphasized that the
City is taking all the commentary very seriously and is trying to balance everything and do the right thing. He
responded to Council inquiry that he is moving ahead on John Fowler's request for the City to take over the
ownership of a 40 acre parcel. Further responding, that most of the City Department hours are 8 a.m. to 5 p.m., there
is some flexibility when people are out in the field or on the vacation and that Public Works generally closes at 4:30
p.m. He expressed agreement with departments being open 8 a.m. to 5 p.m. and that this is a point well taken that
Public Works is not a small department.
COMMITTEE REPORT
A. Public Arts Committee (Meeting held on Thursday, August 17, 2006)
B. Transportation Advisory Committee (Meeting held on Tuesday, August 15, 2006 Regular Meeting.)
PENDING BUSINESS
None scheduled.
NEW BUSINESS
None scheduled.
RESOLUTIONS
A. Resolution 06-85, Of the City Council of Homer, Alaska Urging the Department of Fish and Game to Open
Kachemak Bay for Subsistence Crab Fishing and Promote a More Environmentally Friendly Gear Type. Shadle.
Reconsideration passed on July 24, 2006, main motion is back on the floor, postponed on August 14, 2006, Main
motion is back on the floor.
Main Motion is back on the floor as reconsidered on July 24, 2006 and as postponed on August 14, 2006:
SHADLE/WYTHE/STARK - SO MOVED FOR THE ADOPTION OF THE RESOLUTION.
Comments: Reported not much interest in the video. Kachemak Bay Critical habitat area is being drug for a forty foot
wide span a mile long every year, for the last sixteen years in the exact same location, over twenty different tows. This
is asking the Fish and Game to look at what they are doing, create some better science and look at phasing into a
more friendly type of trawl work, or maybe phasing into shorter tows or some pots so as to not tear up the bottom.
What can't be seen does not necessarily cause concern. The concern should be forwarded to the Board of Fish and
that something be done at that level. This is not a City Council issue. However, when it affects residents of the City,
many live here because the want to live a subsistence life style, therefore it does affect the residents.
NOVAK/SHADLE - I WOULD LIKE TO PROPOSE AN AMENDMENT, I WOULD REQUEST TO CHANGE
THE WORDING TO READ: A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA REQUESTING
THE DEPARTMENT OF FISH AND GAME EXAMINE KACHEMAK BAY FOR THE POTENTIAL OF A
SUBSISTENCE CRAB FISHERY.
Comments: This expresses the Council's desire to have this fishery opened if at all possible and for the Department of
Fish and Game to examine it with that in mind. Comments on the towing reiterated and the effects thereof.
VOTE: (primary amendment 1.) YES: SHADLE, STARK, NOVAK, HEIMBUCH, McLAY, WYTHE.
Motion carried.
There was no discussion.
WYTHE/NOVAK - I WOULD LIKE TO ADD AN AMENDMENT TO DENISE'S AMENDMENT TO RETAIN
THE "THE PROMOTION OF A MORE ENVIRONMENTALLY FRIENDLY GEAR."
Comments: Listening to what Councilmember Shadle is saying this is one of his primary concerns. It would be
awesome to be able to fish subsistently, but even in the absence of that if they could find a better way of doing it that
is not just destroying the bottom of the ocean that would be better.
VOTE: (primary amendment 2.) YES: McLAY, WYTHE, SHADLE, STARK, HEIMBUCH.
NO: NOVAK.
Motion carried.
NOVAK/ - I WOULD LIKE TO MAKE A FURTHER AMENDMENT TO THE NOW THEREFORE, AN
ADDITIONAL NOW THEREFORE BE IT RESOLVED THAT WE WOULD ASK THAT FURTHER
EXAMINATIONS OF THE CRAB POPULATION BE MADE IN AREAS THAT HAVE NOT BEEN
PREVIOUSLY TOWED.
Motion died for lack of a second.
Comments: Good point that this belongs more in front of the Fish and Game Advisory Council, that all over the state
the Fish and Game pay attention to the local advisory bodies and it is not lost on them when a City weighs in. Fish and
Game probably knows that there methods of tow, hard on bottom dragging, are less than desirable and detrimental. It
is good for the Council to weigh in on this, it costs nothing to tell them this message. There are people in Fish and
Game that are strenuously opposed to what they are doing.
VOTE: YES: (main motion as amended) YES: STARK, NOVAK, HEIMBUCH, SHADLE.
NO: McLAY, WYTHE.
Motion carried.
B. Resolution 06-91(S), Of the City Council of Homer, Alaska Awarding the Contract for the Kachemak Drive Phase One Water and Sewer Project to the Firm of Herndon Construction LLC of Homer, Alaska in the Amount of $967,669.00 and Authorizing the City Manager to Execute the Appropriate Documents City Clerk. Fiscal Note: Account Number: 215-826.
Pulled from the Agenda on July 24, 2006, Main motion postponed on August 14, 2006, and is back on the floor.
Memo 06-119(S)(1) from Public Works as backup.
Main Motion is back on the floor as postponed on August 14, 2006: McLAY/SHADLE - I'LL MOVE FOR THE
ADOPTION OF RESOLUTION 06-91(S) BY READING OF TITLE.
City Manager Wrede responded to inquiry regarding Zubek's protest, that there has been discussion with the City
Attorneys and he is confident about going forward.
Mayor Hornaday called for a recess at 8:56 p.m., reconvening the meeting at 9:05 p.m.
Councilmember Stark called for the question and there was objection.
City Manager Wrede advised that he misunderstood, that he and the Public Works Director got their signals crossed
and that he knows that the City's construction attorney is still doing some research and requested postponement and
that they will certainly be ready at the next meeting.
WYTHE/HEIMBUCH - MOVED TO POSTPONE RESOLUTION 06-91(S) UNTIL OUR MEETING ON
SEPTEMBER 11TH.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Resolution 06-104(A), Of the Homer City Council Confirming the Assessment Roll, Establishing Dates for
Payment of Special Assessments, and Establishing Delinquency, Penalty and Interest Provisions for the East End
Road Water and Sewer Assessment District. City Clerk. Fiscal Note: Council amended the water assessment from
$11,778.10 to $10,600.29 during their regular meeting of August 14, 2006 and postponed this amended Resolution
and Assessment Roll till August 28, 2006. The final project cost for East End Road Water and Sewer Improvement is
$269,213.74 for water and $255,061.69 for sewer, 75% water plus 5% administrative cost is $212,005.83, property
owner assessment of $11,778.10, which is $3,911.87 lower than the estimated assessment of $15,689.97 for water
that the property owners signed off on prior to project approval and 75% sewer plus 5% administrative cost is
$200,861.08, property owner assessments of $16,738.42, which is $3,982.94 lower than the estimated assessment of
$20,721.26 for sewer that the property owners signed off on prior to project approval. Recommend adoption. Main
motion postponed on August 14, 2006, and is back on the floor as amended.
Main Motion is back on the floor as amended and as postponed on August 14, 2006:McLAY/NOVAK - I
MOVE FOR THE ADOPTION OF RESOLUTION 06-104 BY READING OF TITLE. (Amendment: To change the
assessment amount to $10,620.29)
Side Note: Finance recommends no change to the Assessment Due date of October 1, 2006.
City Manager Wrede responded to the Council that it is legally acceptable for the City to accept the additional
expense. (5)
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
D. Substitute, if approved under Agenda Approval. Resolution 06-120(S), Of the City Council Requesting
Notification of All Proposals Submitted for City Spit Leases. Shadle.
SHADLE/McLAY - SO MOVED FOR THE ADOPTION OF RESOLUTION 06-120(S).
It was noted that the substitute includes the Port and Harbor Advisory Commission being notified along with the
Council. Concern was expressed regarding Council's responsibility and crossing the line into the Manager's responsibility.
City Manager Wrede expressed concerns about the appearance of this and that the biggest issues he heard from the
lessee's about dealing with the City is the City Council who meddles and make it political He inquired at what point
the Council wants to see all of the proposals, adding that is has always been the intent that the Council see all of the
proposals at the end when making a recommendation. He noted that the Port and Harbor Commission has a very
definite role in making recommendations.
Discussion ensued.
VOTE: YES: HEIMBUCH.
NO: McLAY, WYTHE, SHADLE, STARK, NOVAK.
Motion failed.
E. Consent Agenda Item N. Resolution 06-117, Of the City Council of Homer, Alaska Revising the City of Homer
Procurement Policy and Procedures Manual by Adding a New Section, for Credit Card Use. City Manager.
Recommend adoption.
WYTHE/NOVAK - SO MOVED FOR THE ADOPTION OF RESOLUTION 06-117 BY READING OF TITLE ONLY.
SHADLE/STARK - PROPOSE THAT THE AGREEMENT BE DELETED AND THAT THE CREDIT CARDS
BE ISSUED.
There was discussion about the agreement. See everything work out for the best, not see any speed bumps,
administration is very busy, this is a couple of months late and just need it to go smoothly. If people are
uncomfortable with the agreement then it can be modified. If people don't want to sign then perhaps they don't need
the credit card. Seems to be a boiler plate type agreement. Rules are needed when we move in a direction like this,
this will accomplish what is needed in a safe manner. This does not accomplish what Council set out to do, to save the
money by issuing credit cards. Perhaps City employees can sign a similar thing that is signed about the computers.
City Manager Wrede advised that he could do something like the computer document that says that an employee has
read the City's policy. He reported that the Attorneys tell them that employees don't read personal policies or
technology policies unless it is right in front of them and unless they make a big deal out of it. He stated that he
wanted to give the Council some assurance that they take this issue seriously, not going to allow abuse and there is a
reason, credit card fraud is rampant. He cited some extreme examples and that he wants some internal controls.
Discussed ensued regarding accountability and responsibility.
VOTE: YES: (primary amendment 1.) YES: SHADLE.
NO: NOVAK, HEIMBUCH, McLAY, WYTHE, STARK.
Motion failed.
VOTE: YES: (main motion without amendment) NON OBJECTION UNANIMOUS CONSENT.
Motion carried.
F. Consent Agenda Item H. Resolution 06-111, Of the Homer City Council Relating to "View" as an Emerging
Private Property Right. Heimbuch. Recommend adoption.
STARK/NOVAK - MOVED FOR THE ADOPTION OF RESOLUTION 06-111 BY READING OF TITLE.
HEIMBUCH/NOVAK - I WOULD LIKE TO OFFER, IMMEDIATELY, AN AMENDMENT TO THIS THAT I
HOPE WILL PUT A LOT OF PEOPLE'S UNREST AT EASE, RESOLUTION SECTION, NOW THEREFORE,
BE IT RESOLVED, WILL RECOGNIZE MARITIME VIEWS AND PANORAMIC VISTAS ON PRIVATE
PROPERTY HAS SIGNIFICANT FINANCIAL VALUE ATTACHED TO IT, STRIKING THE WORDS
PRIVATE PROPERTY RIGHT AND THE NEXT RESOLVE CLAUSE, THAT IN THE PROMOTION OF
DEVELOPMENT FOR THE PURPOSE OF STABILIZING COMMUNITY WE, ADD THE WORDS, SEEK TO
AVOID IMPACTING THE VIEW VALUE OF PROPERTIES WITHOUT COMPELLING GENERAL PUBLIC
INTEREST.
Discussion about the heart burn being "private property right". The entirety of this resolution is to recognize view as
an emerging private property right. This town markets view to people. View is measurable, bought, sold, and fought
over. It is entirely proper to use this resolution as a back drop on the direction for codes and ordinances relating to
development. This does not call for view and the single and only priority, but calls for recognition of this as a
legitimate concern people have that pay a lot of money for their property. High time to realize view is a public interest
issue and nothing wrong to using in deliberations as long as not bound to it by the letter. This is a slippery slope. This
is a terrible, terrible idea and fraught with legal ramifications that could cost the City much money. Power lines are
taken care of in an underground utility ordinance. To say a neighbor cannot build in front of ones home is not a path
for Council to go down. In this community everyone recognizes view as an emerging property value, not something
for Council to take a position on, nor should Council be seen as taking sides. View is a commodity.
NOVAK/ - I WOULD SUGGEST AN AMENDMENT TO THE AMENDMENT ON THE BE IT FURTHER
RESOLVED PORTION, I WOULD SUGGEST ....
Mayor Hornaday called for the question on the amendment on the floor prior to this amendment.
VOTE: (primary amendment 1.) YES: HEIMBUCH, McLAY.
NO: SHADLE, STARK, NOVAK, WYTHE.
Motion failed.
NOVAK/ - I'D LIKE TO MAKE AN AMENDMENT, ON THE NOW THEREFORE BE IT RESOLVED BY THE
HOMER CITY COUNCIL THAT THE CITY OF HOMER WILL NOW RECOGNIZE EXISTING MARITIME
VIEWS AND PANORAMIC VISTAS HAVE SIGNIFICANT FINANCIAL VALUE ATTACHED TO THEM. BE
IT FURTHER RESOLVED THAT IN THE PROMOTION OF THE DEVELOPMENT OF UTILITIES FOR THE
PURPOSE OF THE COMMUNITY WE NOT ADVERSELY IMPACT THE EXISTING VALUE OF
PROPERTIES WITHOUT VER COMPELLING GENERAL PUBLIC INTEREST.
There was no discussion.
VOTE: (primary amendment 2.) YES: NOVAK, HEIMBUCH.
NO: McLAY, WYTHE, SHADLE, STARK.
Motion failed.
HEIMBUCH/NOVAK - MOVED TO POSTPONE.
Councilmember Stark stated that there has been enough time spent on this, vote on this and get on with the meeting.
VOTE: (postponement) YES: HEIMBUCH, NOVAK.
NO: McLAY, WYTHE, SHADLE, STARK.
Motion failed.
Comment: The part that bothers is the emerging view, a property owner could tell a property owner in front of him to
cut their trees down because they're blocking his view. This is not just about that it is just telling us to be sensitive to
what people have in front of them. The tree issue is just another reason that this is a bad Resolution.
Mayor Hornaday recognized Councilmember Wythe's informal call for the question.
VOTE: (main unamended and unpostponed motion) YES: NOVAK, HEIMBUCH.
NO: STARK, McLAY, WYTHE, SHADLE.
Motion failed.
G. Consent Agenda Item P. Resolution 06-119, Of the City Council Acknowledging the Town Center Task Force
Final Report in Memorandum 06-143. City Clerk. Recommend adoption and implementation.
Memorandum 06-143, from City Planner as backup and final report.
WYTHE/NOVAK - I WOULD MOVE FOR THE ACCEPTANCE OF RESOLUTION 06-119 BY READING OF TITLE.
Councilmember Wythe noted that on the lay down there was copy of the public arts regulation . In the memo there is
a notation regarding the 1% for the arts in relation to the Fred Meyer program or project. Fred Meyer is not a public
building and therefore, not any where obligated by the arts issue.
WYTHE/STARK - MOVED TO REMOVE THE LANGUAGE REGARDING THE 1% FOR THE ARTS FROM
THE MEMO. (Memorandum 06-143)
Above comment reiterated. Comments continued: May not be able to require Fred Meyer, but Council could say that
the recommendation of the Town Center would be the public entities in Town Center contribute 1% to the Arts
Program. It was noted that this is already a requirement.
VOTE: YES: (primary amendment 1.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
There was no further discussion.
VOTE: (main motion as amended) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
H. Consent Agenda Item Q. Resolution 06-121, Of the City Council Accepting the July 2006 Final Homer Water and
Sewer Master Plan by Bristol Environmental and Engineering Services Corporation as the Official Plan for the City of
Homer. City Clerk. Recommend adoption.
Memorandum 06-147, from Public Works as backup.
WYTHE/SHADLE - I WOULD MOVE FOR THE APPROVAL OF RESOLUTION 06-121 BY READING OF TITLE.
Council requested verification that by approving and accepting the plan the City is not bound by the content of the
plan, that it is a recommended course of action, but any items would come forward individually for construction and
discussion at a later time.
City Manager Wrede verified that this is generally true, that it does depend on what the Council is talking about. Such
as Twitter Creek is a good source of water, a major capital expenditure, would absolutely come back to Council. Not
everything would come back to Council.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
I. Consent Agenda Item L. Resolution 06-115, Of the City Council Revising their Operating Manual, Section 3.
Policies of the Homer City Council, Under Policy Directives, By Amending "City Council and Commission, Board
Minutes" and by Adding a Section "City Council and Commission, Board Meeting Public Comments/Testimony and
Audience Comment Time Limits" and Directing the Council's Advisory Bodies to Amend their Bylaws and Policy and
Procedure Manuals Accordingly. Wythe. Heimbuch. Recommend adoption.
NOVAK/WYTHE - MOVED TO APPROVE RESOLUTION 06-115.
Noted that the policy provides for the Chair to adjust the 3 minute time limit if he sees fit as necessary. It is important
to note that it is not going to be just 3 minutes.
WYTHE/NOVAK - FIRST ITEM WOULD BE AN AMENDMENT TO THE WHEREAS, THE SEVENTH
WHEREAS ON PAGE 225 TO READ - WHEN EVERYONE HAS THE SAME TIME LIMIT AND EVERYONE
KNOWS THE TIME LIMIT IN ADVANCE; AND, CONTINUING IN THE NEXT WHEREAS - THE TIME
LIMITS TEND, AND INSERT "TO", BETWEEN TEND AND ELIMINATE, SO THE TIME LIMITS TEND TO
ELIMINATE PREFERENCES AND ALSO ASSIST, REMOVING THE "S", THE PUBLIC IN BEING MORE
PREPARED; AND THEN THE LAST ONE IS IN THE LAST PARAGRAPH ON PAGE 227 IT SAYS
WHOEVER IS CHAIRING THE MEETING, STRIKE THAT AND HAVE IT READ THE MEETING CHAIR
PERSON SHALL.
There was no discussion.
7th whereas clause as amended reads: WHEREAS, When everyone has the same time limit everyone knows the
time limit in advance; and [a time limit then everyone knows how long they 7th have to address the body they are
addressing and that everyone else has that same amount of time; and ]
8th whereas clause as amended reads: WHEREAS, Time limits tend to eliminate preferences and also assist[s] the
public in being more prepared; and
There was no discussion.
VOTE: (main motion as amended) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Policy Directives
City Council and Commission and Board Minutes
"It is a general consensus that the official record of proceedings, the minutes of City Council and Commission
meetings, will be in the "action" format which state clearly the subject considered and the action. Points made in
deliberation shall be reflected only. Individual comments of the Council, Commissions and Board are summarized
under "Council Comments", "Commission Comments" or "Board Comments". Statements for the record are
prefaced with a directive that the comment "is for the record." Public Comments, Public Testimony on Public
Hearing Items and Audience Comments shall reflect the subject of the comment or testimony, whether the
commenter/testifier is for or against the subject of his/her comments/testimony and shall reflect, in synopsis
format, any historical perspective."
CITY COUNCIL AND COMMISSION, BOARD MEETING PUBLIC COMMENT/TESTIMONY AND
AUDIENCE COMMENT TIME LIMITS
With amendment reads:
The meeting chairperson [Whoever is Chairing the meeting ] shall note for the audience's benefit that there is
a three minute time limit each time there is a place in the agenda for public comment/testimony or audience
comments. Any individual wishing to address the City Council or any of its Advisory Bodies shall adhere to a
three minute time limit. It is the responsibility of the Chair to announce under Public Comments, Public
testimony on public hearing items and Audience Comments that there is a 3 minute time limit. Time limits
may be adjusted by the 2 minutes up or down with the concurrence of the body in special circumstances only
such as agenda content and public attendance.
COMMENTS OF THE AUDIENCE
Audience comments upon any matter.
Bryan Zak, Homer resident, expressed feeling the frustration tonight, being a retired Air Force Officer, that the guys
felt when they were restricted from using the weapons that they could have to end the Viet Nam War. There were
opportunities to provide tools for the citizens here tonight that were missed and that "we" did not fight back as best
"we" could. He declared a Conflict of Interest.
Kevin Hogan, City resident, commented that he would like to see the TAC bring up and start discussing public transit,
which will be needed sometime in the future, five to seven years. He commented on Resolution 06-120, reporting that
he knows the lease policy and testified on the last go around amending the lease policy. Disagreed with the comments
by the City Manager, adding that this was just as City Manager Wrede was coming on board and that a lot of people
were concerned about dealing with the City Manager and not the Council. Part of the problem in Lease Negotiations
is when the Lease Committee does not follow the lease policy, inquiring what the mechanism is for accountability. His
experience was that the administration, basically, usurped the Council's authority to insist on certain provisions. Has
to be some kind of mechanism to hold the City accountable to follow its own policy. Nothing to appeal, because there
is no lease. It is important for the Council to be involved, for accountability. He responded to request to put in writing
what he just said, that he already has that he emailed it except to Councilmembers Shadle and Stark who do not have
email addresses published. He commended the City Clerk for the work on the webpage, that is full of information,
always changing and getting better all the time, so hats off to her.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans was not present.
COMMENTS OF THE CITY CLERK
City Clerk Calhoun commended the Council on the amount of work they accomplished tonight.
COMMENTS OF THE CITY MANAGER
City Manager Wrede expressed agreement with the comments about the Clerk that were heard tonight.
COMMENTS OF THE MAYOR
Mayor Hornaday no comment.
COMMENTS OF THE CITY COUNCIL
Councilmember McLay had no comment.
Councilmember Heimbuch stated that he was zero for five tonight, it was a slow night.
Councilmember Shadle stated that this Council never ceases to amaze him, that he is very surprised at what happened
tonight and that people should get out there and pick some of those raspberries, because they are going fast.
Councilmember Stark passed.
Councilmember Novak commented that it may or may not seem that way, that there is support here on this Council
for the issues that have been brought up regarding development, utilities and impacts to neighborhoods. He noted that
they are sensitive to the issue, that this discussion is not over and that people should realize that it does not end here,
it will continue and the issue is still in progress and on going in terms of finding satisfactory resolution.
Councilmember Wythe expressed agreement with Councilmember Novak's comments, that she knows that often from
the public view it looks like the Council is not taking a supportive position about things, it is not that Council does not
support things, it is not that they do not recognize views or recognize view as emerging land value. She noted that
there are just a lot of other aspects that have to be looked at, Council has to support the position of all of the members
of the community not just those select few that happen to have the fortune of a gorgeous view. Council also has to
make sure that they are holding the City financially and legally unharmed with the decisions that they make and
therefore have to take a little bit slower path to ensure Council is hitting all of the points instead of just running over
the high points, needing to look at the whole picture. She commented that there are a couple of things with this
particular Baycrest issue that have been presented not necessarily in the exact light particularly with regard to the
easement for utilities. A utility easement it is not a City easement that is provided it is a utility easement acquired,
generally, through the property owners and the City does not really have a legal position to say, "You can't have an
easement there." The easement is acquired independent of the City of Homer and so not an issue. There are a lot of
things going on, on that steep slope up there and there is nothing that anyone can do about it, nature will take its
course, the water moving in and out, the loss of so many trees on the bluff and above the bluff results in a lot of
different water issues going on there. There are some things that Council can talk about and support forever, but can
not keep from happening. The objective of the City Council is to make those things for which it has some control over
to happen appropriately for the benefit of everyone involved; property owners concerned about losses and those
property owners who have a need for further development. She thanked the Mayor and Council.
ADJOURNMENT
There being no further business to come before the Council, Mayor Hornaday adjourned the meeting at 10.00.43 p.m.
The next Regular Meeting is scheduled for Monday, September 11, 2006 at 7 p.m. and the next Committee of the
Whole is scheduled for Monday, September 11, 2006 at 4 p.m. Worksession at 5:30 p.m. on CIP and Legislative
Requests. All meetings scheduled to be held in the Homer City Hall Cowles Council Chambers located at 491 E.
Pioneer Avenue, Homer, Alaska.
________________________________________
MARY L. CALHOUN, CMC, CITY CLERK
Approved: ____________________________
1. The Country Club Estates power line issue.
2. former Homer Fire Chief
3. KPB Parcels # 175-101-0200, 0300 and 175-100-7000. Alfred Anderson Tract, Parcel of land located within Alfred Anderson Tract and Tract 2 Homer School.
4. Refereince to the Baycrest Subdivision/Country Club Estates power line issue.
5. To be paid by HAWSP.