Session 09-05 a Regular Meeting of the Homer City Council was called to order on February 23, 2009 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:      HOWARD, LEWIS, ROBERTS,                                                                                   WYTHE, ZAK

 

                              ABSENT:                             NOVAK (excused)

 

                               STAFF:                                CITY MANAGER WREDE

                                                                            CITY CLERK JOHNSON

                                                                            CITY PLANNER ABBOUD

                                                                            LIBRARY DIRECTOR HILL

                                   

Councilmember Novak has requested excusal.

 

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

 

Council met as a Committee of the Whole from 4:02 p.m. to 5:03 p.m. Agenda items included Regular Meeting Agenda. Council conducted a Joint Worksession with Advisory Bodies from 5:33 p.m. to 6:32 p.m. to review the Land Allocation Plan.

 

AGENDA APPROVAL

 

(Addition of items to or removing items from the agenda will be by unanimous consent of the Council. HCC 1.24.040.)

 

Agenda approved by consensus of the Council with the following changes:

CONSENT AGENDA - Memorandum 09-14 renumbered to Memorandum 09-19; ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS - Letter to Governor Palin from Mayor Hornaday, Re: Tidal Plan in Kachemak Bay; Letter to Regulatory Commission of Alaska from Mayor Hornaday, Re: Recent HEA Rate Increase; Prince William Sound Regional Citizen’s Advisory Council Report from John Velsko; PUBLIC HEARINGS - Ordinance 09-07 – Written public comments; Resolution 09-22 – Written public comments; ORDINANCES - Backup Memorandum 09-15 to Ordinance 09-09 renumbered to Memorandum 09-25; Backup Memorandum 09-16 to Ordinance 09-10 renumbered to Memorandum 09-26; RESOLUTIONS - Resolution 09-24 Backup information; Resolution 09-25(S) A Resolution of the City Council of Homer, Alaska, Awarding a Lease for City Property on the Homer Spit, Lot 5, Amended Homer Spit Subdivision to Homer Enterprises, LLC of Homer, Alaska, and Authorizing the City Manager to Negotiate and Sign the Appropriate Documents; Resolution 09-30(S) A Resolution of the City Council of Homer, Alaska, in Support of Continuing the Spruce Bark Beetle Mitigation Program on the Kenai Peninsula. Mayor. (Substitute); and Resolution 09-30 & 30(S) Backup information.

 

Councilmember Howard requested New Business item Memorandum 09-17 be moved to just prior to adjournment.

 

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

 

There was no public comment.

 

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 February 9, 2009 Special and        Regular Meeting. City Clerk.                                                                          

                                                                                                                                   

B.         Memorandum 09-19, from Deputy City Clerk, Re: Liquor License Renewals – Patel’s,           Patel’s #2 and Rum Locker.

 

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

 

ZAK/WYTHE – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

VISITORS

 

None.

 

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH    REPORT/COMMISSION REPORTS

 

A.        Letter to Governor Palin from Mayor Hornaday, Re: Tidal Plan in Kachemak Bay

                                                                                                                                   

B.         Letter to Regulatory Commission of Alaska from Mayor Hornaday, Re: Recent HEA    Rate Increase                                                                                                  

 

C.        Prince William Sound Regional Citizen’s Advisory Council Report from John Velsko

 

John Velsko, City of Homer representative on the PWSRCAC, told Council there is a pressing issue before the State Legislature asking the State of Alaska to support the continued tug escort system in Prince William Sound. There is no requirement for tug escort on double hulled tankers, yet they are still providing the escorts out of good will. PWSRCAC believes we should not depend on the oil industry’s good will; we need to codify it into legislation. Representative Alan Austerman has the resolution in the House Resource Committee and Senator Gary Stevens is having trouble in the State Resources with the resolution. Anchorage Legislators want to add language to have a risk assessment study conducted before they would endorse the continuation of the current escort system. Mr. Velsko advised Council to call Legislators to support the continued tug escort system.

 

Bill Smith, Kenai Peninsula Borough Assemblyman, notified Council of a sales tax section listing businesses licensed to collect sales tax on the Borough website. Mayor Carey was asked about the City’s resolution on sharing PILT payments; it did not sound like he had any intention of sharing anything. The Assembly may have to take a look at it.

 

Kevin Hogan, Chairman of the Economic Development Advisory Commission, provided an update on the Commission’s activities. They are discussing lease policies with another worksession scheduled this week. The Commission finished work on the Comprehensive Plan. They have not yet started work on the Comprehensive Economic Development Strategy as they were waiting for the VISTA position to get filled. There is a hiccup as all applicants withdrew their applications. The Commission will pull up their bootstraps and get to work. As representative of the Port and Harbor Advisory Commission, Mr. Hogan reported a resolution was passed to send a memorandum to Council regarding a public hearing on the Port Tariff.

 

PUBLIC HEARING(S)

 

A.        Ordinance 09-07, An Ordinance of the Homer City Council Amending Section 4 of Ordinance 06-01(A) to Prohibit the Feeding of Eagles Under that Section After March 27, 2009.  Mayor/Howard, Lewis, Novak, Roberts, Wythe, Zak. Introduction February 9, 2009, Public Hearing and Second Reading February 23, 2009.              

 

Leonard Wells, city resident, urged Council to pass the ordinance. There are no penalties associated with the ordinance; penalties should be included and should be harsh and expensive for anyone ticketed even the first time.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 09-07 by reading of title only for second and final reading.

 

WYTHE/LEWIS - SO MOVED.

 

Asked if Fish and Wildlife would level penalties, City Manager Wrede said there is a State law against feeding wildlife. There is no Federal law against feeding eagles. It is up to the City to enforce, if there is no penalty clause the fallback would be the standard penalty for violating any City ordinance. He believes the fine is $200 per day for feeding eagles.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion  carried.

 

B.         Ordinance 09-08, An Ordinance of the Homer City Council, Appropriating Funds in the          Amount of $248,030 from the Water/Sewer Fund Reserve Account for the Cost of            Watershed Land Acquisition, and Authorizing the City to Acquire Real Property   Described as Lots 6, 7 and 8, Roehl Parcels Record of Survey, Homer Recording District,        for Watershed Protection Purposes. City Manager. Introduction February 9, 2009, Public             Hearing and Second Reading February 23, 2009.                                            

 

Leonard Wells, city resident, questioned if it was a wise use of this amount of money at this time. From earlier meetings, he is not sure where the money is coming from. That kind of money that wasn’t set aside specifically for the purchase of watershed property could be put towards sewer and water usage to cut the rates. At the present time it would be a better use of the $.25M.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 09-08 by reading of title only for second and final reading.

 

WYTHE/HOWARD - SO MOVED.

 

City Manager Wrede indicated the project was preapproved for a 1.5% interest loan according to Public Works Director Meyer. There is $65,000 in the land bank, not sufficient funds to buy the property outright. If Council wants to purchase the property using the 1.5% interest loan, he suggested the money come from the land bank.

 

Councilmember Roberts expressed the importance of acquiring land for the watershed development, as the highest priorities on the CIP list are water projects.

 

Councilmember Zak said although the 1.5% loan is tempting, he has to look at the budget and wonder if we should spend this much money. There may be other possibilities in the future for acquiring land for the watershed.

 

WYTHE/HOWARD – MOVED TO AMEND THAT 50% OF THE MONEY WOULD COME FROM THE GENERAL FUND RESERVE AS OPPOSED TO TAKING THE FULL AMOUNT FROM THE WATER AND SEWER RESERVE.

 

Mayor Hornaday called for a recess at 7:21 p.m. and reconvened the meeting at 7:24 p.m.

 

WYTHE/HOWARD- MOVED TO AMEND THE AMENDMENT TO READ: THE CHANGE IN THE TITLE WILL BE TO ADD AFTER $248,030 A SEMICOLON 50% FROM THE GENERAL FUND RESERVE ACCOUNT AND 50% FROM THE WATER/SEWER FUND RESERVE ACCOUNT AND THEN FURTHER AMENDING UNDER THE ACCOUNT NUMBERS THAT THE FIRST LINE THAT EXISTS THERE THE AMOUNT WILL BE REDUCED TO $124,015 AND THEN THE CLERK WILL PROVIDE AN ACCOUNT NUMBER FOR THE SECOND ACCOUNT. THE DESCRIPTION WILL BE THE GENERAL FUND RESERVE ACCOUNT AND THE AMOUNT WILL BE $124,015.

 

Councilmember Wythe commented in the last five years she has served on the Council $250,000 has been included annually in the budget for acquiring watershed lands. Due to severe budget cuts this year that amount was removed. Acquiring the partial funds from the General Fund will help the Water/Sewer Fund stay a bit more intact.

 

WYTHE/HOWARD – MOVED FOR A FRIENDLY AMENDMENT TO ADD THE 50% WATER AND SEWER FUND AND 50% GENERAL FUND RESERVE ACCOUNT TO SECTION 1.

 

Council expressed no objection to the friendly amendment.

 

Councilmember Howard commented the three lots are buildable; there is no more important work than to preserve our water supply. She appreciates the creative finance amendment.

 

Councilmember Zak voiced concerns that although the lots are buildable they may have restrictions. He has concerns of taking them out of the tax rolls and spending the money for what protection it might allow.

 

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

VOTE: NO. ZAK

 

Motion carried.

 

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

VOTE: NO. ZAK

 

Motion carried.

 

C.        Resolution 09-22, A Resolution of the Homer City Council Supporting the Proposed   Closure of Portions of Peterson and China Poot Bays to Shellfish Harvest to Sustain    Educational Use. Mayor.                                                                                 

 

Marilyn Sigman, city resident and Director of Center for Alaskan Coastal Studies, stated the Center did not undertake the proposal to the Board of Fisheries lightly. It is being brought to Council for support; closures are a last resort. The areas proposed for closure are 3.23 and 4.26 acres. Closure is requested due to the natural changes in the ecosystem and human harvesting over the last 25 years. Thousands of kids and tourists have been taught about the areas and beach etiquette. The bay is changing with glacier melting and salt deposits in China Poot Bay. Beaches are now accessible for clamming. Ms. Sigman has been conducting the tours for the last eleven years and has not personally seen any of the areas stripped of seaweed and marine invertebrates. Seward beaches were closed for that specific reason. She did witness people with garbage bags of seaweed and there have been three octopuses destroyed. The proposed closure will not reduce the amount of subsistence harvest from the bay, but it will protect the education opportunity and economic return to the City.

 

Ms. Signman described the proposed closure area as ¼ mile strip of beach on the northeast side of China Poot Bay. There is one rocky outcrop on Peterson Bay.

 

Mayor Hornaday commented in certain cultures this is done by the women, and this is what happened in Seward to close the beaches. We do not want it to happen here. An octopus was killed in front of children.

 

Councilmember Lewis asked how the message would be relayed to the public. Ms. Sigman answered it would be published like any closure. Fish and Game puts up markers on the beaches. The Center would provide maps to the water taxis and inform people and ask them not to harvest, although the Center is not the enforcers.

 

Sharon Minsch, city resident, is adamantly opposed to the whole idea. If we think our beaches are going to be stripped, let’s do something together to protect all of Kachemak Bay. Otters are eating octopus. She owns property in Peterson Bay and they pick mussels off of Otter Rock. They take better care of things than anybody out there. There are thousands of people out on the rock and damage is being done by large groups of people. Nobody will enforce it; it is spending a lot of State time and money for it. Although she loves Marilyn Sigman and the work she does for the community, the idea of a closure is for someone’s private use.

 

Lee Mahan, Homer resident, has been a volunteer for Coastal Studies since 1996. When harvesting, you are supposed to know the law. You read your book, know your limit and the Alaska codes for harvesting. Information is listed on the website. Her daughter grew up here too, took biology at Homer High School and participated in the Coastal Studies teenage program. She went to the University of Hilo on a scholarship. It is a matter of diversity; we could make room for everyone.

 

Leonard Wells, city resident, opposes the closing and not due to Anglo-English culture prejudices that someone is using it for their subsistence. In Alaska we have many groups that use many things for subsistence. The closure would be denying them food. Most of the gathering is used for food. Although the harvesters may not be from Homer or across the bay, they are Alaskans. They are not imported from the Lower 48; Asians or Europeans have a right to subsistence.

 

Nancy Lord, city resident, spoke in favor of the action. Her view is that it is entirely appropriate that not every use is compatible with every other use. If you don’t preserve some areas in their natural condition you have no base line to compare anything else to. It is a very small area designed for educational purposes.

 

 

 

 

ORDINANCE(S)

 

A.        Ordinance 09-09, An Ordinance of the Homer City Council Accepting and      Appropriating a Fireman’s Fund Insurance Company Heritage Program Grant in the        Amount of $7,891 and Authorizing the City Manager to Execute the Appropriate      Documents. Recommended Dates: Introduction February 23, 2009, Public Hearing and            Second Reading March 9, 2009.                                                                      

 

            Memorandum 09-25 from Fire Chief as backup.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 09-09 for introduction and first reading by reading of title only.

 

WYTHE/ZAK – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Ordinance 09-10, An Ordinance of the Homer City Council, Amending Homer City     Code Sections 21.61.050 and 21.61.060 to Authorize the City Planner to Determine the   Nonconforming Status of Certain Uses and Structures. City Manager/City Planner.              Recommended Dates: Introduction February 23, 2009, Public Hearing and Second             Reading March 9, 2009.                                                                                  

 

            Memorandum 09-26 from City Planner as backup.

 

Mayor Hornaday called for a    motion for the adoption of Ordinance 09-10 for introduction and first reading by reading of title only.

                       

LEWIS/ZAK - SO MOVED.

 

WYTHE/ZAK - MOVED TO AMEND THE SECOND PAGE 4E TO ADD THE “OF” THAT WAS PREVIOUSLY DELETED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

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

 

Motion carried.

C.        Ordinance 09-11, An Ordinance of the City Council of Homer, Alaska, Amending the             FY 2009 Operating Budget by Appropriating Additional Funds in the Amount of      $8,748.91 for the Port and Harbor Tug Refit Project. Recommended Dates: Introduction        February 23, 2009, Public Hearing and Second Reading March 9, 2009.         

 

            Memorandum 09-20 from Port and Harbor Director as backup.

 

Mayor Hornaday called for a    motion for the adoption of Ordinance 09-11 for introduction and first reading by reading of title only.          

 

WYTHE/LEWIS - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

CITY MANAGER’S REPORT

 

A.        City Manager’s Report 

 

  1. City Website: As you know, we have been discussing the need to improve the City’s website. The idea is to update the site, make it more user friendly, and integrate all of the department web pages and links. Doing this could help the Council achieve its goal of getting more information out to the public. It could also improve productivity save a great deal of staff time because many people with questions could go right to the website. The department heads discussed how best to proceed with this project at their last meeting. The consensus was that we should hire a professional web designer to provide an overhaul to the entire site. The contractor would also provide training to staff in each department on how to update the pages with new information. I will be asking you for an appropriation to do this soon, probably at the next meeting. 
  2. Citizen’s Academy: The department heads discussed this initiative and a draft business plan provided by Councilmember  Howard at the last meeting. We received some good comments which are under consideration. We are moving forward with this and I expect to submit an article to the news papers explaining the program in the next few weeks.
  3. Climate Action Plan: Things are moving ahead with implementation of the Climate Action Plan. The new model for tracking and calculating fuel and electric consumption is just about complete. We expect to receive the consultant’s report soon regarding steps we can take to save energy in City buildings. A great deal of time and energy is being focused on the library heating system right now. I have reassigned some of Anne Marie’s duties and she will be taking responsibility for various Climate Action Plan tasks such as community outreach, research on energy saving appliances and equipment, improving the recycling effort, and helping to draft new procurement rules. The Sustainability Handbook is now on the website and orientation for City employees is being scheduled. We are developing incentives and rewards for individual employees who come up with good ideas that save money and for departments that do the most to reduce or restrain energy consumption. We will soon be setting up a way for people to make carbon offset payments to the sustainability fund.
  4. State Traffic Engineer: At the last meeting, the Council had a discussion about how best to use the $2 Million Dollar Grant the City received for Main Street and the intersection with the Sterling Highway. It was agreed that we should invite the State Traffic Engineer here to discuss the options and the cost of each. The invitation has been extended but at the time this was written, no dates had been locked in. Once the economic stimulus package funds start rolling in, it will be very difficult to get the attention of anyone at DOT/PF.
  5. D.C. Trip: Beth Wythe and I are tentatively planning to travel to DC the week of March 2. At the time this was written, travel plans were still being finalized.
  6. Roehl Property Acquisition: This agenda contains an ordinance to authorize purchase of 30 acres in the watershed. (Public Hearing and Second Reading). We have discussed this before and Council authorized us to proceed with negotiations. One thing that I wanted to bring to your attention is that the ordinance takes the money from the Water and Sewer Fund Reserve Account. This may require some discussion. We have talked all along about using HAWSP funds for land acquisitions in the watershed however, I think HAWSP is already pretty committed. Also, we have had some discussion lately about what HAWSP funds should be used for and what the intent of the voters was when they created the fund. Land acquisition is probably not in that category. So, we were left with a difficult choice. The Water and Sewer Fund has adequate reserves but using them for this purpose raises its own set of concerns. The Land Bank does not have enough money in it and the General Fund, although it has ample reserves, is probably not a place you want to go either under present circumstances. If Council approves this ordinance, closing will take place on Tuesday, Feb. 24.
  7. Coastal Community Conference on Climate Change: The Alaska Marine Conservation Council (AMCC) is sponsoring and organizing a coastal community conference on climate change. The event will take place here in Homer at the Islands and Ocean Visitor Center February 24 through February 26. You may know that Barb Seaman is now the Executive Director of that organization and Allan Parks is the local staff person. The intent of the conference is to get coastal communities together to talk about climate change and see if a common agenda can be established. The conference should be very interesting and a good opportunity to forge ties with other coastal communities in Alaska. The conference will be good for Homer because it will bring visitors to town and generate some economic benefits. Also, Homer is going to be highlighted because of its activities so far resulting from the Climate Action Plan. AMCC is asking for a donation from communities to help put on the event. I promised to provide $1,000 from the City. Rather than bring you an ordinance for such a small amount of money, I decided that I could get it out of the Manager’s budget, perhaps by reducing the travel or professional services budget. This seemed like something the Council would approve of, but let me know if it is not. I have not written any checks.
  8. Stimulus Package: We continue to review the Stimulus Package to see how Homer might fare. At this point in time, I am not very optimistic about road project. It appears that all of the transportation money is going to DOT/PF. These projects definitely have to be shovel ready very quickly. Most of the money is going to Anchorage and the repairs for the National Highway System. Some money may go to municipal projects but the Department told the Senate Finance committee recently  that unless a project is on the STIP and already under development, it has no chance. Homer has no projects on the STIP List (except East End Road). I am much more optimistic about the City’s energy and water and sewer projects. For example, we know that a very large amount of money went into the water and sewer revolving loan program. Also, the bill places a large amount of money into the Energy Efficiency and Conservation Block Grant Program. This will be a good source of funding for the turbin and tidal projects. Attached is a summary of the stimulus package from Senator Begich.
  9. Cathouse Donation: Some of the remnants of the old animal shelter can still be found out at the cement pad on the Spit. One of those buildings housed the cats and it is generally known as the “cathouse”. The Kachemak Nordic Ski Club has inquired on several occasions about the status of that building because they thought it would make an excellent timing shack and storage facility up at the Ohlson Mt. Ski Trails. I made a few inquiries and confirmed that the building was not claimed by anyone and there was no other proposed use. We estimated that taking bids on the building might bring the City $1,500 at most for the lumber. So rather than do that, it seemed like recycling this building and putting it to another public use would be a good idea. The City donated the building to the Nordic Ski Club. The Club is now the proud owner of a Cathouse. Please, keep the jokes to yourselves!                                                                           

 

City Manager Wrede commented on the Stimulus Package. We are learning more every day what is in the package and how city governments might get access to some of the money. An attachment from the Democratic Policy Committee was attached to the Manager’s Report to provide information.

 

Asked about the need of a professional website designer, City Manager Wrede said IT personnel, Steve Bambakidis and Tomasz Sulczynski are too busy in their current duties and are not web designers. It would be best to hire the service out by issuing an RFP. It would be a one time contract with the person revamping the whole site and training an employee from each department on updates. 

 

B.         Bid Report                                                                                                      

 

C.        Question of the Week                                                                                      

 

COMMITTEE REPORT

           

A.        Public Arts Committee

 

B.         Transportation Advisory Committee

 

C.        Permanent Fund Committee

 

D.        Lease Committee

 

PENDING BUSINESS

 

A.        Resolution 09-22, A Resolution of the Homer City Council Supporting the Proposed   Closure of Portions of Peterson and China Poot Bays to Shellfish Harvest to Sustain    Educational Use. Mayor.                                                                                 

 

MOTION ON THE FLOOR FROM FEBRUARY 9TH: FOR THE ADOPTION OF RESOLUTION 09-22 BY READING OF TITLE ONLY.

 

Councilmember Howard voiced opposition, stating she does not understand it enough and the Board of Fisheries and Fish and Game need to make the decisions.

 

Councilmember Lewis is never in favor of banning or closing off anything, yet this time he will vote in favor. He has spent a lot of time digging clams in China Poot, and has watched people take out many 5-gallon buckets from the area.

 

Councilmember Zak appreciates the Center for Alaskan Coastal Studies involvement. There is a great opportunity to take measures to establish a baseline to compare to other parts of the bay.

 

VOTE: YES. LEWIS, ROBERTS, ZAK

VOTE: NO. WYTHE, HOWARD

 

Motion failed.

 

NEW BUSINESS

 

A.        Memorandum 09-17, from City Clerk, Re: Request for Executive Session Pursuant to           AS 44.62.310(C)(3), Matters Which by Law, Municipal Charter, or Ordinances are           Required to be Confidential. (City of Homer vs. HEA – Attorney briefing.)

 

Heard after Comments of the City Council.

 

B.         Memorandum 09-18, from City Clerk, Re: Travel Authorization for Councilmember Wythe for Informational Trip to Washington, DC.

 

Mayor Hornaday called for a motion for the approval of the recommendation of Memorandum 09-18.                                      

 

WYTHE/LEWIS - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

RESOLUTIONS

 

A.        Resolution 09-23, A Resolution of the City Council of Homer, Alaska, Requesting that            the State Department of Transportation and Public Facilities (DOT/PF) Make Repairs to             Lake Street as Soon as Possible and Insert Lake Street Reconstruction as a Top Priority             Project in the 2010-2013 Statewide Transportation Improvement Program (STIP). Mayor/Council.           

 

Mayor Hornaday called for a motion for the adoption of Resolution 09-23 by reading of title only.                                                                                

 

ROBERTS/LEWIS - S0 MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Resolution 09-24, A Resolution of the City Council of Homer, Alaska, Expressing its   Support for Funding of a Feasibility Study to Evaluate the Potential for Generating            Electric Power by Harnessing the Tides at Four Locations in Kachemak Bay.            Mayor/Council.                                                                                               

 

Mayor Hornaday called for a motion for the adoption of Resolution 09-24 by reading of title only.

 

ROBERTS/HOWARD - SO MOVED.

 

ZAK/WYTHE - MOVED TO AMEND RESOLUTION 09-24 TO ADD A FEASIBILITY STUDY TO EVALUATE THE POTENTIAL FOR GENERATING ELECTRICAL POWER TO THE CIP LIST.

 

City Manager Wrede suggested eliminating that language and instead say: Be it further resolved that the Council hereby adds this project to its 2009-2014 capital improvement plan list. The title would also read CIP 2009-2014.

 

Makers of the motion accepted the friendly amendment and there was no additional discussion.

 

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

 

Motion carried.

 

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

 

Motion carried.

C.        Resolution 09-25, A Resolution of the City Council of Homer, Alaska, Awarding a Lease        for City Property on the Homer Spit, Lot 5, Amended Homer Spit Subdivision in an Annual Amount of $6,010.00 to Homer Enterprises, LLC of Homer, Alaska, and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk.

                                                                                                                                   

            Memorandum 09-21 from Lease Committee as backup.                                  

 

Resolution 09-25(S), A Resolution of the City Council of Homer, Alaska, Awarding a Lease for City Property on the Homer Spit, Lot 5, Amended Homer Spit Subdivision to Homer Enterprises, LLC of Homer, Alaska, and Authorizing the City Manager to Negotiate and Sign the Appropriate Documents. 

 

Mayor Hornaday called for a motion for the adoption of substitute Resolution 09-25(S) by reading of title only.                                                                                                                                                                                                   

 

HOWARD/ROBERTS - SO MOVED.

 

City Manager Wrede explained the fixed amount was a mistake. The recommendation from the Lease Committee was for the City Manager to negotiate the terms. An appraisal and other things have been done, yet there is no fixed amount.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

D.        Resolution 09-26, A Resolution of the City Council of Homer, Alaska, Expressing       Appreciation to Nancy Lord for Her Ten Years of Service on the Library Advisory Board     and Congratulating Her for Appointment as Alaska Writer Laureate. Mayor.

 

Mayor Hornaday called for a motion for the adoption of Resolution 09-26 by reading of title only.

 

HOWARD/LEWIS - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Mayor Hornaday presented Nancy Lord the resolution and commented when Nancy is involved in things she puts her all into it. She is a remarkable person.

 

Nancy Lord thanked Mayor and Council for the resolution. As the new Writer Laureate for the next two years she must have a project. Her project is to promote libraries around the state and to share the Homer experience with other communities considering building libraries or expanding their programs. First she will be traveling to Southeast Alaska and then elsewhere in the state. Homer’s library is a tremendous asset to the community. It took the whole community, including the Mayor playing his ukulele at fundraisers. It was a pleasure to work on something so positive. Ms. Lord encouraged the public to apply for the two openings on the Library Advisory Board. Serving on boards and commissions is a great way to get involved and serve the community.

 

E.         Resolution 09-27, A Resolution of the City Council of Homer, Alaska, Requesting the             Kenai Peninsula Borough Mayor and Assembly Approve Funding for the Boys and Girls            Clubs of the Kenai Peninsula. Mayor.                                                   

 

Mayor Hornaday called for a motion for the adoption of Resolution 09-27 by reading of title only.

 

ZAK/HOWARD - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

F.         Resolution 09-28, A Resolution of the City Council of Homer, Alaska, Adding Two    Properties to the Kachemak Drive Water/Sewer Project (Phase II) Local Improvement        District. City Manager/Public Works.

 

Mayor Hornaday called for a motion for the adoption of Resolution 09-28 by reading of title only         

 

LEWIS/ZAK - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

G.        Resolution 09-29, A Resolution of the City Council of Homer, Alaska, Approving the Nomination of Specific Local Transportation Projects for Inclusion in the 2010-2013    Statewide Transportation Improvement Program (STIP). Mayor/Council.           

 

Mayor Hornaday called for a motion for the adoption of Resolution 09-29 by reading of title only.   

 

WYTHE/HOWARD – SO MOVED.

 

WYTHE/HOWARD – MOVED TO AMEND TO HAVE THE FIRST ITEM BE THE MAIN STREET RECONSTRUCTION AND HAVE IT ADJOINED WITH THE BUNNELL STREET/OLSEN LANE RECONSTRUCTION, HAVING MAIN STREET BE NUMBER 1 AND BUNNELL STREET BE NUMBER 2 AND OUR ORDER OF PRIORITY AND UNDERSTANDING IS THAT WITH THE STATE WILLING TO DO BOTH PROJECTS WE WOULD BE WILLING TO ACCEPT MAINTENANCE AND OWNERSHIP OF BOTH PROJECTS. IF THEY WERE ONLY WILLING TO DO ONE OR THE OTHER WE WOULD BE WILLING TO ACCEPT MAINTENANCE OF THE PROPERLY UPDATED SYSTEM.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

WYTHE/HOWARD – MOVED THAT TRAFFIC CONTROL IMPROVEMENTS BE OUR ITEM NUMBER 3.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

HOWARD/ROBERTS – MOVED TO MAKE HARBOR FLOAT REPLACEMENT NUMBER 4.

 

This would include Ramp 3.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

ROBERTS/ZAK – MOVED TO MAKE FREIGHT DOCK ROAD THE LAST ITEM ON THE LIST, THE 9th ITEM.

 

Asked if there was funding for Freight Dock Road, City Manager Wrede answered it was taken off the CIP List and would be paid with budgeted funds.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

WYTHE/ROBERTS - MOVED TO PLACE AS NUMBER 5 THE LAKE STREET RECONSTRUCTION.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

WYTHE/ROBERTS – MOVED TO PLACE HEATH STREET RECONSTRUCTION NUMBER 6, PIONEER AVENUE NUMBER 7 AND THE STERLING HIGHWAY BEAUTIFICATION AS NUMBER 8.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

ZAK/HOWARD – MOVED TO TAKE KACHEMAK DR. PATHWAY OFF.

 

Discussion ensued on removing the Kachemak Dr. Pathway. The Public Works Director indicated there was no current proposal for work on Kachemak Dr.; the pathway would be used as an attachment if there were a pending road project.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

ROBERTS/ZAK – MOVED TO ADD ANOTHER WHEREAS THAT WE MIGHT SUPPLY 10% OF THE FUNDING FOR THE TOP TWO ROAD PROJECTS.

 

Councilmember Roberts advised the discussion at the Committee of the Whole was that it helps to place items higher on the STIP List if the City puts in some money.

 

City Manager Wrede suggested a whereas might contain: If the State builds both Main Street and Bunnell and Olsen to City urban road standards we will take over and own them; if they can only do one of them we will maintain the one that they refurbish.

 

Mayor Hornaday called for a recess at 8:08 p.m. and reconvened the meeting at 8:12 p.m.

 

WYTHE/HOWARD - MOVED TO AMEND TO PLACE AN ADDITIONAL WHEREAS PRIOR TO THE NOW, THEREFORE, BE IT RESOLVED: WHEREAS THE CITY COUNCIL FINDS THE UPGRADING OF THE BUNNELL STREET/OLSEN LANE AND MAIN STREETS TO BE OF THE UTMOST PRIORITY; THE CITY WILL CONTRIBUTE 10% MATCHING FUNDS FOR THE COMPLETION OF THESE PROJECTS. ADDITIONALLY WE WOULD BE ADDING PRIOR TO THE CURRENT NOW, THEREFORE, BE IT FURTHER RESOLVED A NOW, THEREFORE, BE IT FURTHER RESOLVED IF BOTH THE BUNNELL STREET/OLSEN LANE AND MAIN STREETS ARE UPGRADED TO THE CITY’S URBAN ROAD STANDARDS, THE CITY WILL BE WILLING TO ACCEPT OWNERSHIP AND MAINTENANCE OF BOTH PORTIONS.

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

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

 

Motion carried.

 

H.        Resolution 09-30, A Resolution of the City Council of Homer, Alaska, in Support of   Continuing the Spruce Bark Beetle Mitigation Program on the Kenai Peninsula. Mayor.

                                                                                                                                   

            Resolution 90-30(S), A Resolution of the City Council of Homer, Alaska, in Support of

            Continuing the Spruce Bark Beetle Mitigation Program on the Kenai Peninsula. Mayor.

 

Mayor Hornaday called for a motion for the adoption of substitute Resolution 09-30(S) by reading of title only. 

 

LEWIS/ROBERTS - SO MOVED.

 

There was no discussion.

 

Councilmember Zak voiced objection as the Borough Mayor believes the project needed to die.

 

VOTE: YES. HOWARD, LEWIS, ROBERTS, WYTHE

 

VOTE: NO. ZAK

 

Motion carried.

 

COMMENTS OF THE AUDIENCE

 

Leonard Wells, city resident, commented on the public’s lack of distinction between City and State roads, with no markers on State roads. The City might consider putting it to a vote of the people if they would like the City to take over the roads that are inside city limits. There should be no conditions, either we want to pay for maintaining them and be responsible for them, or we don’t.  

 

COMMENTS OF THE CITY ATTORNEY

 

Attorney Klinkner was not present.

 

COMMENTS OF THE CITY CLERK

 

City Clerk Johnson commented Council accomplished a lot of work.

COMMENTS OF THE CITY MANAGER

 

City Manager Wrede thanked the Mayor and Council for singing Happy Birthday to him. If anyone wants a copy of the City’s Federal requests, Anne Marie Holen put the package together. Kevin Hogan earlier said there was memo from the Port and Harbor Advisory Commission regarding public hearings for the Port Tariff that didn’t appear in tonight’s packet. He had intended to include the memo in the Council packet and respond to the memo; it will be provided for the next meeting.

 

COMMENTS OF THE MAYOR

 

Mayor Hornaday had no comments.

 

COMMENTS OF THE CITY COUNCIL

 

Councilmember Zak thanked the Alaska Center for Coastal Studies for everything they do across the bay. Maybe the Department of Fisheries will want to establish a place across the bay for studies. We are all facing interesting economic times. He voted against buying land in the watershed, as he wishes to be careful in these times by trying to help people in the community in many ways.

 

Councilmember Wythe thanked Council for allowing her to go to Washington, DC with Walt. As to closing the beaches, there were public comments made in opposition that resonate loudly with her. As a long term resident of the State of Alaska, frequently discussed are the rights for the citizens to have access to the waters of the beaches. She believes Fish and Game and Fish and Wildlife have those tasks and doesn’t find them in the purview of the City Council. On the watershed, the City has been trying for years to acquire properties that have been designated for a number of years. We are facing difficult economic times; next year will be even more difficult. Fortunately we have made good decisions over the last four or five years by banking some money. We are going to be in a position to move forward with the long range plans of the community. As the transitions take place on the Council they don’t have to be felt so long in the community, as long range plans will be in effect. She commended the Mayor on his leadership tonight.

 

Councilmember Roberts had no comments.

 

Councilmember Lewis commented on the four positive votes required for passage of measures. He was disappointed Resolution 09-22 failed. He has seen a lot of changes since 1976, with a lot of things that were once available disappearing with overuse. He wished the Coastal Center luck with the Board of Fisheries.

 

Councilmember Howard thanked all boards and commissions that prepared remarks on the Land Allocation Plan. She thanked the Mayor for allowing a change in the format for review of the properties. She asked to get feedback from the commissions, on how they would feel for future meetings to be run. As to the coastal beach closure, it will be in the right hands with the folks that will make the scientific decisions. She is not capable of making the decision. She wished Walt a Happy Birthday and was going to bring her harmonica to serenade him, but wiser folks in her life told her no way. She said good evening to the radio audience.

 

A.        Memorandum 09-17, from City Clerk, Re: Request for Executive Session Pursuant to           AS 44.62.310(C)(3), Matters Which by Law, Municipal Charter, or Ordinances are           Required to be Confidential. (City of Homer vs. HEA – Attorney briefing.)

 

Mayor Hornaday called for a motion for the approval of the recommendation of Memorandum 09-17 to discuss City of Homer vs. HEA.

 

ROBERTS/HOWARD - SO MOVED.

 

Councilmember Wythe was excused from the proceedings due to a previous conflict of interest, as she is employed by Homer Electric Association.

 

Councilmember Zak expressed a potential conflict of interest due to owning property right above the area. HEA was coming across the right-of-way toward the bottom of a piece of land he owns.

 

Mayor Hornaday ruled Councilmember Zak did have a conflict of interest. No opposition was expressed from Council. Councilmember Zak was excused from the proceedings.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.[1]

 

Motion carried.

 

Council recessed to Executive Session at 8:27 p.m. and reconvened the meeting at 8:49 p.m.

 

Mayor Hornaday stated Council conferred with the City Attorney and has given instructions to the City Attorney.

 

ADJOURNMENT

 

There being no further business to come before the Council the meeting was adjourned at 8:49 p.m. by Mayor James C. Hornaday. The next Regular Meeting is scheduled for Monday, March 9, 2009 at 7:00 p.m. The next Committee of the Whole is scheduled for Monday, March 9, 2009 at 4:00 p.m. A Worksession is scheduled for Monday, March 9, 2009 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: ______________________


[1] Vote on Motion for Executive Session is to be taken by roll call pursuant to City Council’s Operating Manual.