Session 08-05 a Regular Meeting of the Homer City Council was called to order at 7:00 p.m. on February 25, 2008 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:        CHESLEY, HEIMBUCH, NOVAK, ROBERTS,                                                                                WYTHE

 

                        ABSENT:                               ROBERTS, SHADLE (both excused)

 

                        STAFF:                                   CITY MANAGER WREDE

                                                                        CITY CLERK JOHNSON

                                                                        CITY PLANNER MCKIBBEN

                                                                        PUBLIC WORKS DIRECTOR MEYER

 

Councilmembers Roberts and Shadle have requested excusal.

 

Mayor Hornaday excused Councilmembers Roberts and Shadle. There was no objection from Council.

 

Council met as a Committee of the Whole from 4:00 p.m. to 5:29 p.m. Agenda items were   Discussion on Predicament of the Hockey Association and property tax exemption, Discussion on Two Councilmembers Attending Pebble Mine Updates and Regular Meeting Agenda items. Council met for a Joint Worksession with Advisory Bodies from 5:30 p.m. to 6:31 p.m. to discuss the Land Allocation Plan.

 

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

 

AGENDA APPROVAL

 

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

 

Councilmember Novak requested postponement on Resolution 08-26. Councilmember Heimbuch objected.

 

Agenda amended by consensus of the City Council with the following changes:

 

Call to Order – Councilmembers Roberts and Shadle have requested excusal. Public Hearings – Memorandum from City Clerk and Public Comments.

 

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

 

Judy Nester, Homer resident, spoke in favor of Resolution 08-26. Lies and abuses of power by Bush and Cheney have become so great she can no longer sit back. They took us to war knowing there were no weapons and no connection to 911, so there is no support for action. War should be the last option. We have lost 4,000 military personnel and countless Iraqi civilians. There have been many other abuses, torture, breach of the Geneva Convention, wiretapping, signing bills into law, and issuing statements we will not abide by law. Trillions of dollars have been spent on a needless pre-emptive war. Bush and Cheney need to be held accountable; everyone is subject to the law.

 

Leonard Wells, city resident, opposes sending City Council to Pebble Mine meetings as it has nothing to do with City Council work. Resolution 08-26 has nothing to do with City Council activity. Mr. Wells has no objection to the original platting for Town Center, but does object to his property being included. There should be restrictions; if property values go down the City should compensate.

 

Kevin Hogan, city resident, supports Resolution 08-25. It will bring the City in compliance with the Procurement Policy and gives local providers a shot at providing services. He also supports Resolution 08-24; he sleeps well knowing his own house has fire sprinklers. The Borough does provide a tax break and the City could add one too. The more coverage the lower the fire rating will be. It will save lives.

 

Linda Browning, city resident, expressed opposition to Resolution 08-26. The Code of Ethics speaks to activities City Council may take. It is clear the founding fathers want the City Council to remain uninvolved. Political activities and limitation on city government prevents Council from taking part. Impeachment can only be provided through the United States House of Representatives. Impeachment is not the opinion of the majority of 4,000 + voters; 800 signers on the petition do not represent the majority.

 

James Donally, Homer resident, displayed a geometric diagram depicting the Chaos Theory. He predicted impeachment will consume this country around the end of the summer.

 

Frank Griswold, city resident, commented on Ordinance 07-52(A). Property owners cannot decline to be included. There should have been an additional public hearing at the Planning Commission level as the ordinance changed substantially. He would prefer to leave the CDB and amend the text within, as having two center districts is confusing. As to Ordinance 08-08, clause #3 refers to HCC 21.70.010(c); it does not authorize extensions or swapping lots along existing zoning boundaries. City Attorney Tans’ memo dated November 13, 2007 states a boundary change must be supported by a rational policy. He did not state rezones along existing boundaries can never constitute spot zoning. He has ducked the relative size issue as it would require identifying what the .41 acre lot would have to be compared to. The .41 acre will be re-platted into one lot. Considering the effect of surrounding areas is meaningless; a determination must be made how the surrounding areas are affected.

 

Joel Fletcher, Homer resident since 1980, presented Chaos Theory on DVDs to all councilmembers. It is a violation of the U.S. Patriot Act.  

 

Evan Cundiff, 50 yr. Homer resident, supports Resolution 08-26 for President Bush and Vice President Cheney violating the Constitution of the United States and gross misconduct. There is no issue more important than this; we are on the cusp of an historical moment. If we stand by and accept this, a precedent will form to embody future administration. We must take action now before a new administration is elected.  

Paul McCartt, retired school administrator from Oregon, read a petition supporting impeachment. He believes we should impeach Bush for taking part in a conspiracy, for lying to Congress to get approval to invade another country to take their oil reserve. Bush should be impeached for failure to attack Saudi Arabia. He used his office to displace qualified prosecutors to replace them with personal friends.  

 

Tim O’Leary, city resident, supports Resolution 08-26. He referenced James Madison 1795 political observations: “Of all enemies, war is the most to be dreaded, because it comprises and develops the germ of every other. It is the parent of armies; from these proceed debts and taxes, instruments that bring many under the domination of the few.” Also referenced was Andrew Jackson’s 1837 farewell address: “It is from within among yourselves that factions will be formed and liberty endangered. It is against such designs, whatever disguise the actors may assume, that you have especially to guard against.” Dr. J. Rufus Fears stated federalism is the means for various units to be brought together to keep what is special about them and to resist the soul-less, destructive power of a centralized bureaucratic government.

 

Kate Finn, Anchor Point resident, recited a tune beginning with the foot and leg bones connection to the neck and head bones. Toe bones are the democracy; without them the foot is wobbly. Body politics do not go forward without a foot. Elected officials have taken a pledge to follow the constitution and rule of law. We are asking to petition people above you to follow the law. There is very strong evidence President Bush and Vice President Cheney have violated their oaths. We have every single right to petition to govern bodies ahead of us. There were people who felt they could not sign the petition, such as a military person on leave from Iraq, those afraid of the IRS and retribution.

 

Dean Schneck, Homer citizen opposing Resolution 08-26, told Council they are not the House of Representatives; they are the City Council of Homer, Alaska. The resolution is out of order. Citizens look to the Council for police and fire protection and roads and sewer protection. He asked Council not to succumb to the group looking to Council for moral leadership. This is the mother of all wedge issues, adopting the resolution would pose serious risk of polarization and division in the community for years to come with serious repercussions. This is not the forum. Repercussions could include recall elections, boycotts, impact to those depending on tourism and visitors. It could be damaging to the community and sabotage legitimate City projects. If the community is stained speaking on a minority of the community, it may jeopardize the Town Center project.

 

Leah Handley, Homer citizen, opposes Resolution 08-26. She saw two 8th grade girls sign the impeachment petition at the park, believing they were only signing a public opinion poll. If City Council sends a resolution to Congress to represent all citizens of Homer they should also put it to vote so all the people in Homer can have a say. It is a vocal group that does not have the right to represent the Homer population as a whole. It is a waste of time for the City; this is the city that works for the City of Homer. Councilmembers were elected on a non partisan platform; this is a partisan issue. Since when did getting involved in national politics become a City Council agenda?

 

Amy Bollenbach, city resident, supports Resolution 08-26. Bush’s rating is now at 19%. She is proud to be represented by City Council, as she holds the members accountable for high ethic standards. Brother Asaiah would say it was the most responsible thing to do. In 2006 the Council’s oath was changed to support and defend the constitution of the United States. We have a right to petition the government for redress of provinces. People are expected to petition local governments first. President Bush and Vice President Cheney have lied and done illegal things. We want an investigation; we want to be fair. She expressed admiration for Councilmember Novak in sponsoring the resolution.

 

Bob Burns, Fritz Creek resident, commented in the 1980’s Reagan bankrupted the Soviet Union by forcing them to spend money on the military. Fast forward 20 years and we are going bankrupt because of military spending caused by the President of the United States. He displayed a graph of the budget deficit due to the Iraq war. If a governor or city manager caused a deficit like this you would want to know why. The Iraq war has cost the people in this room between $8 and $10 billion dollars. The money is gone; it cannot be spent for anything else. It is the business of the City Council as they signed up to defend the Constitution. Increased costs for fuel are borne by cities and citizens of the area. What Bush and Cheney are doing is illegal and it should stop.

 

Ray Kranich, Chairman of the Planning Commission, spoke to Ordinance 07-52(A). He referenced Memorandum 08-25 that included Planning Commission recommendations that mobile food services and itinerant merchants be permitted on city property and a permit process be established. He stated he was misquoted in the Homer Tribune that the activities would have to go through the Conditional Use Permit process; that was not the intention of the Planning Commission.

 

Dr. Charles Burgess, Kachemak Drive resident, opposes Ordinance 07-50. The road has destroyed his property. Every spring he watches water run down the hill. He tried to speak with DOT about drainage and the effects it is having on the road. It is one blunder after another in the process. The City had to come back and dig under the road and put drainage across as the original plan was impaired. Dr. Burgess pleaded that Council listen to those that speak as they are thoughtful people that have spent a lot of time gathering together and looking at the facts.

 

Ben Alexander, Kachemak Drive resident, opposes Ordinance 07-50 until all necessary and thorough considerations are given to the environmental impact on the road and bluff properties involved. His property is in harms way due to the City’s failure to adequately design and implement proper draining for Phase I water/sewer. An email sent to Public Works Director on February 22, 2008 was read addressing water discharge from the fire hydrant. Weekly water line draining lasts for an hour and forty minutes. He urged Council to take time when considering Phase II.

 

Vickey Hodnick, Kachemak Drive resident, owns property close to the hydrant. She allowed the easement to be granted without the knowledge it would be drained. Hauled water takes 15 minutes to pump 5,000 gallons or less; the hydrant drains for one hour and 45 minutes, seeping across the road to the Alexander’s property. There is tremendous sloughing, large clumps of alders have been lost along with birch and spruce trees. It has accelerated with warming temperatures. Ms. Hodnick opposes Ordinance 07-50 if the water line is put in without knowing what happens to the ground underneath. Without research, property owners will experience an accelerated amount of problems.

Dan VeerHusen, Kachemak Drive resident, would like to see a full study instead of something to erode and cause damage. He urged Council to do it right.

 

Kurt Olson, Kachemak Drive resident, has owned property on the street since 1981. Each year he has walked the bluff and noticed the continual deterioration. It has worsened as a result of the road improvement. The problem is with the road. After additional gravel was added and the road paved in 2001, surface water runs down toward the road and curves to his place. He opened his downstairs door to be met with gushing water. Three to four years ago he put in 10 ft. tall perforated vertical culverts to gather water for his garden. DOT spent $.5 M putting cross sections under the road to drain the water away from the bluff. The water level has risen and is not passing underneath. The complexity of engineering on Kachemak Drive needs to be addressed by more than the City of Homer.

 

Derotha Ferraro, Homer resident, had planned to give a presentation on the South Peninsula Hospital expansion. With the large audience giving public testimony, she requested a rain check due to child care needs. 

 

Amy Bollenbach, Kachemak Drive resident, has owned her property for 38 years. She opposes Ordinance 07-50 as the issues have not been studied properly. Technical things have been addressed, but not hydrology issues. She would vote for sewer and water along the north side of the street if they could be done at the same time without increasing erosion. She uses sump pumps. The problem was caused by the paving of the road, death of spruce trees and development around her. She planted 950 evergreen seedlings, 100 died adjacent to Kurt Olson’s property. Something new changed the drainage; the paving of the road acted like a dam to keep the water on the south side of the road. Geoff Coble was hired in 2004 by the neighborhood association. He measured differences in water level, the water measuring much higher on the bluff side. She asked Council to wait and study the issue further.

 

Rika Moew, Kachemak Drive resident, urged Council to defeat Ordinance 07-50. She is opposed to installing a water line without sewer. Disrupting the sensitive soil once is challenging; disrupting it twice is not sensible. Phase II residents are concerned with water/sewer plans due to the flooding. There has not been enough study to understand the complex hydrology without impacting bluff properties and wetlands. The GC2 zoning and possibility of further subdividing provide grave concern about further loss of permeable soils that protect from flooding and erosion. The east end of Kachemak Drive is compounded by the high density of commercial development and increased impervious surface. The Beluga wetland system is the natural sponge drainage system for all. Adding water/sewer without rezoning the remaining wetlands encourage development that will further endanger the safety. It will cost the City far more for infrastructure to replace the natural wetland sponge than the real estate it represents. Geoff Coble has proposed doing a study with Kachemak Bay Research Reserve that will map the entire hydrological wetland system. The City has stated it supports the study in concept.

 

Stan Anderson, Kachemak City resident, asked that Resolution 08-26 be tabled. There is no law to prohibit the local City Council from petitioning Congress to hold impeachment hearings. Council is bound by oath of office to support and defend the Constitution. Council and the Mayor must each decide whether a sober reading of the facts leaves a reasonable doubt if the current administration has violated the limited powers of the U.S. Constitution. There is a connection between local and federal government as money flows from decisions. Cities routinely petition Congress. City Councils throughout America have passed resolutions to petition Congress to conduct impeachment hearings. A local impeachment resolution could be controversial, but need not be divisive.

 

Pauline Benson, Kachemak Drive resident, opposes Ordinance 07-50. She lives on the airport side of the road and is concerned of the digging up and removal of vegetation and trees on her property. She hopes Council continues to study the area and finds a better way of putting in water and sewer.

 

Anne Wieland, Kachemak Drive Phase II resident, asked Council to defeat Ordinance 07-50. She purchased her lot in 1984 and built her house on the easterly bluff portion far back from the bluff. Up to the late 90’s there was little erosion of the bluff. After Kachemak Drive was paved water backed up reaching her house. She had loads of fill and topsoil to prevent flooding. Erosion on the bluff accelerated and the sod layer is undercut. After the 2006 storm she decided against projects to prevent erosion. Across the road from her house is a large stand of trees that flourishes between the Beluga wetlands and the bluff. On the proposed 40 ft. right-of-way they counted 185 trees growing in a 640 ft. area; one tree to every 3.5 ft. Damage or destruction of the trees would have a huge or devastating effect. They are providing soil stability and humic formation. She asked for a detailed study of hydrology of Phase II and II areas and wetlands to determine the least impact for water and sewer services.

 

Todd Gustafson, Kachemak Drive resident, opposes water and sewer projects in all aspects. He served on the planning commission for 10 years while living in Pennsylvania. The area is wetland and fragile. He is surprised to see as much development as there is. Progress is backfiring with unintended negative consequences. A water/sewer project will see endorsement for further development which will only exasperate the conditions. Minimum lot size, attention to on-site sewage disposal systems, attention to drainage and limited development is the only way to approach the lovely area. Willy-nilly development will create a backfire.

 

Dennis Kolt, Kachemak Drive resident, is a retired DOT heavy equipment operator. He worked at the Homer Airport and bladed Kachemak Drive from 1989 to when it was paved in 2001. There have always been water problems; they were always on the far end and increased with the development of the hillside. The culverts have never been big enough to carry all the water. All drainage from the airport flows and in the winter when it thaws the water only goes under or over the road. Since the road was paved he has had flooding in his basement and has had to install a pump. His pump recently failed and Saturday morning he had to pump 2,000 gallons of water from his basement before the pump could catch up. The pump runs every 30 seconds. He asked the City to do some more studies and look at the existing problem before starting on another LID. We need to save the property and need the help of the City to do so. He voiced opposition to Phase III.

 

Annette Kolt, Kachemak Drive resident, also worked for the State of Alaska in the road system of Homer. The drastic change of water flow after the road is startling. She has lived there since 1991. After the road was surfaced the first season there were gallons of water running from Anne Wieland’s house. All the culverts are frozen and water erodes over and flows to their house, puddles and flows over the bank. They have had rivers of water coming towards their house and have been using a sump pump since 2001. Their electric bills are sky high due to the sump pumps running 11 months each year. She voiced opposition to Ordinance 07-50 until more studies are done. Sewer and water would be wonderful, but not if they destroy the properties.

 

Dottie Hill, Kachemak Drive resident, lives next to the Kolts. The water that doesn’t go into their basement comes into her yard. Although she has lived there for less than three years, they quickly became aware of the erosion on the bluff. The neighbors got together and went through the permitting process with the Corps of Engineers for a bluff erosion mitigation project. It only addresses storm surges and weathering. It does not address the ground water and surface water. Surface and ground water are the enemies. They were fortunate their house was built on steel pilings, as they have not trouble with water in or under the house. A storm sewer system that can drain water away would be beneficial. A delay of a permanent decision to Ordinance 07-50 was requested.

 

Mike McCarthy, Kachemak Drive resident, is a registered, retired geologist. He opposes Ordinance 07-50 as if it passes with the City’s knowledge of hydrology issues it will expose the City to unnecessary litigation and serious damage to properties. Additional base line hydrologic data is needed to determine where surface and ground water come from and their volume. The added expense is minimal if it is thought of as an insurance policy. Kachemak Drive is a state dedicated tsunami evacuation route and should be engineered to a higher standard. The City and State could combine efforts to obtain the hydrologic knowledge. HCC 21.44 landscaping mandates that development activity shall not adversely impact on other properties by causing alteration of surface water drainage, surface water ponding, slope failure, erosion, etc. AAC 175(3) codified that. A letter from Newton Bingham, Regional Materials Engineer for DOT Anchorage, was read. Mr. McCarthy displayed a poster board with pictures depicting Kachemak Drive to include the fire hydrant, the crack in the road, failed mitigation measures and erosion. It is a dynamic and critical place to be messing with the groundwater.

 

Mayor Hornaday called for a recess at 8:37 p.m. and reconvened the meeting at 8:45 p.m.

 

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 11, 2008 Regular Meeting.          City Clerk. Recommend approval.                                                             

 

B.         Ordinance 08-08, An Ordinance of the City Council of the City of Homer, Alaska, Amending the Homer City Zoning Map to Rezone a Portion of the Urban Residential (UR) District to Residential Office (RO). City Manager/Planning. Recommend Introduction February 25, 2008, Public Hearing and Second Reading March 10, 2008.                                                                                                                                                  

            Memorandum 08-24 from City Planner as backup.

 

Moved to Ordinances.                                                                                                                         

 

C.        Ordinance 08-09, Of the City Council of Homer, Alaska, Dedicating and Appropriating FY 2007 Revenue Sharing Funds in the Amount of $331,221.00 to the Fire Department Fleet Reserves for the Purpose of Purchasing a New Fire Engine. Mayor/Council. Recommend Introduction February 25, 2008, Public Hearing and Second Reading March 10, 2008.                                                                                                                     

 

D.        Ordinance 08-10, Of the City Council of the City of Homer, Alaska, Amending Chapter          21.32, Definitions by Adding a New Section Entitled “Dormitory” and Amending Chapter 21.48, Central Business District, 21.49, General Commercial 1 and 21.50,         General Commercial 2 by Adding Dormitory as a Permitted Use. Novak. Recommend             Introduction February 25, 2008, Refer to Planning Commission, Public Hearing and      Second Reading March 10, 2008.  

 

E.         Resolution 08-24, Of the City Council of Homer, Alaska, Supporting House Concurrent         Resolution (HCR) 20 for Residential          Fire Sprinkler Systems. Chesley. Recommend   adoption.                                                                                                         

 

F.         Resolution 08-25, Of the City Council of Homer, Alaska, Directing the City Manager to Begin the Request for Proposal Process for Legal Services. Chesley. Recommend adoption.  

 

Moved to Resolutions.                                                                                     

 

G.        Memorandum 08-27, from Clerk, Re: Liquor License Renewal for The Alibi, BPO Elks          Lodge #2127, Happy Face, Homer Brewing Company Inc. and Oaken Keg. Recommend       non objection and approval.                                                                             

 

H.        Memorandum 08-28, from Mayor Pro Tempore, Re: Appointment of Thaddaeus        Gunther to the Parks and Recreation Advisory Commission. Recommend confirmation.

 

The consent agenda as amended was approved by consensus of the Council.                            

 

VISITORS

 

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH    REPORT/COMMISSION REPORTS

 

A.        Derotha Ferraro, South Peninsula Hospital (10 minutes)

 

Continued to March 10, 2008.

 

PUBLIC HEARING(S)

 

A.        Ordinance 07-52(A), Of the City Council of Homer, Alaska Amending the Homer       Zoning Code by Adopting a New Chapter 21.56 to Create a New Town Center Zoning       District and Amending the Zoning Map to Rezone Portions of the Central Business District to the Town Center Zoning District. Wythe. Introduction December 17, 2007,   Referred to Planning Commission December 17, 2007, Public Hearing and Second             Reading February 25, 2008.                                                                            

 

            Memorandum 08-25 from City Planner as backup.                                          

 

(Ordinance 07-52(A) was not advertised for a public hearing.)

 

Mayor Hornaday called for a motion to schedule the public hearing and second reading for March 10, 2008.

 

WYTHE/ - SO MOVED.

 

Councilmember Heimbuch called for a point of order if adoption of the ordinance was needed to change the public hearing date. Mayor Hornaday answered adoption was not needed.

 

WYTHE/HEIMBUCH - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

ORDINANCE(S)

 

A.        Ordinance 07-50, An Ordinance of the City Council of Homer, Alaska Authorizing the             Design and Installation of an Additional 4,400 Linear Feet of Water Main Along      Kachemak Drive to Complete the Loop Between the Airport and East End Road and       Approving the Creation of a Deferred Assessment District. City Manager/Public Works.             Introduction December 10, 2007, conduct Public Hearings January 14 and 28, 2008 and          Second Reading February 25, 2008.                                                    

 

            Memorandum 07-192 from Public Works as backup.                          

 

MOTION ON THE FLOOR FROM THE JANUARY 14, 2008 MEETING: TO ADOPT ORDINANCE 07-50 BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.

 

WYTHE/HEIMBUCH - MOVED TO POSTPONE ORDINANCE 07-50 FOR SECOND READING AND FINAL ACTION FOR OUR MEETING ON MARCH 10TH WITH HOPES WE HAVE INFORMATION FROM GEOTECH.

 

There was no discussion.

VOTE: YES. HEIMBUCH, WYTHE

VOTE: NO. CHESLEY NOVAK

 

Motion failed.

 

Councilmember Chesley attended the neighborhood meeting for Kachemak Drive and heard testimony while on the Planning Commission on Kachemak Drive. It is appropriate to pull the reins back on the project and step back and reassess. There may be other actions to support Public Works Director Meyer, including identifying additional funding to help the City mandate its obligations.

 

City Manager Wrede responded when the City looked at the project we felt there was money to determine if the water line would have any impact on the drainage. If we expand that to try to solve drainage problems on Kachemak Drive it will be a different matter. Direction from Council is needed to work with DOT to fix the overall drainage problems. We were asking if the water line could be built in a way not to make matters worse. More discussion is needed.

 

Councilmember Novak noted the proposed water line LID needs to be taken off the books. Questions need evaluation with the bigger issue addressing the entire project from Phase II and Phase III to have water and sewer from one end to the other of Kachemak Drive.

 

VOTE: (main motion) NO. NOVAK, HEIMBUCH, WYTHE, CHESLEY

 

Motion failed.

 

B.         Ordinance 08-05, of the City Council of Homer, Alaska Amending Chapter 21.32 by Adding a New Section Entitled Chapter 21.32.09X, “Business, Open Air.” City Manager/Planning. Introduction January 28, 2008, Public Hearing February 11, 2008 and Second Reading February 25, 2008.                                                               

 

            Memorandum 08-09, from City Planner as backup.                                         

 

MOTION ON THE FLOOR FROM THE JANUARY 28, 2008 MEETING: MOVED TO ADOPT ORDINANCE 08-05.

 

Councilmember Heimbuch questioned if business owners could participate in an open air market by bringing their wares from a retail business to sell.

 

City Planner McKibben stated that is not the intent of the ordinance. Two Sisters sells their wares at the Farmers Market and passage of the ordinance would not prohibit them from doing so.

 

Councilmember Heimbuch asked if the intent was that the language could be cleaner. A provision stating open air businesses could be conducted in any zoning area of the City with proper permitting.  

 

City Planner McKibben responded the Planning Commission wanted to discuss that aspect. The ordinance was initiated to create a use that already exists in the GC1 district.  The Commission added open air businesses in other districts to their worklist. Currently open air business is allowed in GC1 zoning district and Farmers Market would be permitted in the CBD.

 

Councilmember Novak asked about mobile food services. City Planner McKibben explained itinerant merchants and mobile food permits are not related to open air business.  

 

WYTHE/CHESLEY- MOVED TO ADD SECTION 3: NOTHING HEREIN STATED SHALL PRECLUDE A RETAIL OR WHOLESALE BUSINESS THAT IS PRINCIPALLY LOCATED IN A BUILDING FROM PARTICIPATING IN AN OPEN AIR BUSINESS.

 

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 08-08, An Ordinance of the City Council of the City of Homer, Alaska, Amending the Homer City Zoning Map to Rezone a Portion of the Urban Residential (UR) District to Residential Office (RO). City Manager/Planning. Recommend Introduction February 25, 2008, Public Hearing and Second Reading March 10, 2008.                                                                                                                                                  

 

            Memorandum 08-24 from City Planner as backup.                              

 

CHESLEY/NOVAK – MOVED TO ADOPT[1].

 

Councilmember Chesley asked to follow the Planning Commission and Planning Department’s vote not to approve the ordinance.

 

Councilmember Novak commented it is a question whether the rezone is motivated by community benefits or of primary benefit to the property owner. It is an isolated piece of property with two different zones, each on a different lot owned by the same people who want to vacate a lot line. Use around the property includes rural residential, the school district and residential office. It looks reasonable to allow residential office; the issue is whether it is a spot zone. It could remain a split use lot, although it would be reasonable to vacate the lot line and single zone.

 

City Planner McKibben stated if the Borough approves vacating the lot line it will be a split zone lot, zoned both residential office and urban residential. It is a split lot zone with each portion of the lot governed by that particular district. It is a challenge to enforce differential lot zoning. The applicant intends to use the lot as a greenhouse, an accessory use to the primary use on the other lot. The department recommended the rezone be approved; the Planning Commission recommended it not be approved.

 

Councilmember Chesley commented criteria for approval includes some type of public good. The Planning Commission found the application did not meet that criteria.

 

City Attorney Gordon Tans’ opinion dated November 13, 2007 on the rezone was referenced: “Rezoning one lot situated on the boundary of two zoning districts by adjusting the district boundaries is not unlawful spot zoning if there is a sufficient basis in the record to establish the change is supported by a rational policy, is not inconsistent with the comprehensive plan, is not injurious to neighboring property, and does not create an island of totally different and incompatible uses.” Additionally Mr. Tans concluded: “Of course, the mere fact that a rezoning is beneficial to the property owner is not an indicator the rezoning is unlawful. After all, why would a property owner request a rezone that would not be to his benefit in some way?”

 

Councilmember Novak expressed approval to the rezone as one lot. Councilmember Heimbuch noted the Planning Commission voted 4-1 for approval of the rezone on November 7, 2007. In a subsequent meeting the Commission failed to find a public need by unanimous consent. Councilmember Heimbuch noted the legal rationality behind supporting the rezone. He asked if there was argument raised about the loss to value or use to property for failure to rezone. City Planner McKibben answered not to her recollection.

 

VOTE: YES. NOVAK, WYTHE

VOTE: NO. CHESLEY, HEIMBUCH

 

Motion failed.

 

Councilmember Heimbuch noticed reconsideration.

 

CITY MANAGER’S REPORT

 

A.        City Manager’s Report  

 

  1. Alaska Energy Authority Application: The application has been submitted and we await the results. This project will be competing with other HEA alternative energy feasibility studies around the Peninsula.
  2. Climate Action Plan Implementation: We are moving forward on implementation. Staff members and several members of the Global Warming Task Force are scheduled to meet this week to talk about an RFP for a consultant. The main focus will be to determine a proposed scope of work and a set of qualifications and skills we are looking for. I will be talking with the Homer Foundation about the mechanics of transferring the money. We are also close to starting the interview process for the new project manager at Public Works. So, hopefully, by the next meeting you will have a draft RFP and a draft MOU with the Homer Foundation before you for consideration. There are several key questions. First, the Council did not formally vote or make a motion to pursue the RFP / Consultant route. This was all discussed at the Committee of the Whole but there did seem to be general agreement. Are we going in the right direction?? Second, the $15,000 that was transferred from the General Fund Budget recycling line item to the Sustainability Fund. Is that available for either the consultant or other implementation steps? Is it still available for recycling?  
  3. Purchase Agreement / University of Alaska and Land and Infrastructure Agreement / CIRI:  As you know, the City is presently in the process of negotiating a Purchase Agreement with the University of Alaska. It is also discussing the acquisition of approximately 1 acre for the town square and a financing plan for building infrastructure with CIRI. These are confidential and rather sensitive negotiations and normally, you would not want to talk about them publicly until there was a tentative deal to present. However, this is a unique situation. We have a Special Election in 30 days regarding a bond sale for the proposed new City Hall and Town Plaza. Acquisition of land for the square, financing for infrastructure, and the sale of City Hall are all important components of the total project cost and financing package. The public needs to know at least something about the framework of these transactions. To that end, I am working with both the University and CIRI to determine how much we are both comfortable releasing. I hope to have more on this by meeting time.
  4. Town Square Ordinance: The Planning Commission has completed its work on the Town Center Ordinance (Ordinance 07-52-A). It is before you for public hearing and second reading. As you know, the PC had a limited amount of time to work on this. The limited time frame prevented it from fully discussing and vetting the ordinance. This ordinance has probably not received the amount of review, discussion, research, and thought that zoning ordinances normally receive when reviewed PC. You will see that the PC makes several recommendations to the Council. One of them is to add properties that were not in the original boundaries in order to improve those boundaries. The new proposed boundaries contain all property between Pioneer, Main, Sterling, and Poopdeck. In my view, this makes a lot of sense but I also think we really have not had the time or opportunity to properly engage the added property owners on this proposal. Some were contacted ahead of time by staff to determine if they were interested. Planning has notified the property owners by mail of this recommendation but the fact is, that this ordinance is up for second reading at this meeting. There are several issues that need further discussion. First, this ordinance would create a whole new set of nonconforming uses. Second, the zoning provision in the CBD along Main Street which allows car sales and repair would be impacted and the implications of a zoning change are not entirely clear at this time. So, the Council has several options available to it if it is uncomfortable with adding the new properties at this time. It could simply go with the original boundaries for now and add other properties later if appropriate. Or, it could just postpone this ordinance until there is time to do the necessary research and engage the property owners. This ordinance is necessary to fully implement the Town Center Plan but it is not needed immediately in order to proceed with the City Hall Town Center Project.   
  5. ISO Report: The report, Chief Painter’s summary of the report, and the City’s appeal letter are in your boxes as requested.
  6. New Fire Truck: Things are moving right along here. Gordon has reviewed the proposed construction contract and I have signed it. At the time this was written, Chief Painter was in PA. negotiating the final specifications with the manufacturer. 
  7. Chamber of Commerce: Last week Anne Marie and I had a meeting with Tina Day from the Chamber of Commerce, several Board Members, and Mark Gregory from the Small Business Development Center. The purpose of the meeting was to brief us on a plan developed by the Chamber Economic Development Committee that focused on promoting entrepreneurship and small business support. The Chamber, with support from Mark Gregory, is hoping to secure the funding necessary to hire a staff person and keep the SBDC in the office open full time. The SBDC to date has been open on a limited basis and Mark is not in Homer as often as would be desirable. The available data show that this program has been very successful and that there is a need and demand for expanded hours. The Chamber’s idea is to do what it can to help small business owners and those wishing to start  businesses. As you know, small businesses are a large and vital component of the local economy. We have tentatively scheduled a Chamber presentation to the Counciol on this topic for April 28. 
  8. Lease Committee Update: We have asked Gordon Tans to prepare some written guidelines to help guide the Committee with respect to what subjects can and should be discussed in executive session and which ones should not. The Committee met this week to consider two proposals for leases along Fish Dock Road. The topic of whether they should be discussing some of the issues they discussed in public was a real concern for all. Written guidelines will greatly assist the Committee and it will also help explain and establish policy on this issue to the public and to applicants.
  9. Ordinance 07-50 Update: A neighborhood meeting was conducted last week. It was well attended and a great deal of concern was expressed by property owners; especially about the impacts on drainage. Carey will give you an update at the meeting. This might be a good one to talk about at the Committee of the Whole. You should be aware that we do already have an engineer on contract who will, as part of his scope of work, provide a report on drainage issues for both Phase II and Phase III if we go there. The Council requested by resolution several years ago, that drainage issues be addressed as part of the engineering and design component of any water and sewer project along Kachemak Drive. Carey has been in touch with DOT/PF and provided an update on our plans and the proposed schedule. (Phase II is at 35% design and they are looking at alternative designs that would be cheaper and have less impact). Phase III design has not really started. So, until the engineering progresses a little more, there is not much for DOT/PF to react to, other than conceptual ideas. DOT/PF has provided the City with “as-builts” of the new drainage/culvert system. It has not helped the situation that DOT/PF has been fed some misinformation by property owners and their representatives. One DOT/PF rep said that they had received a call claiming that the City intended to bore sewer lines using “drilling muds”. We have absolutely no idea where that came from. 
  10. City Hall / Town Center schedule questions: The contractors are scheduled to present the City with completed 35% plans on or about March 10. However, the Special Bond Election is now scheduled for March 25.  This could mean that there are approximately two weeks in which the design team might be sitting around unable to work on this project; more if the Council is not able to certify the election until sometime in April. This is wasted time that we cannot afford if we want to stay on schedule. So, we are considering asking the Council, assuming that it likes the 35% plans, if it would approve a contract to move to 65% plans on March 10 with a provision in the contract that work can be stopped if the bond prop. fails. This would allow the design team to keep working. A completed design will be necessary anyway if the Council ultimately decides to finance this project another way.                                                               

 

City Manager Wrede reported on March 10th Council may be asked for a limited extension of the contract with the design team instead of 65% conceptual plans. This will allow the site and infrastructure studies and design of the Square to catch up with the rest of the building. 

 

B.         Bid Report                                                                                                      

 

C.        Question of the Week                                                                                      

 

COMMITTEE REPORT

 

A.                 City Hall - Town Square Review Committee                                        

            (March 13, 2008 Open House 5:30 – 8:30 p.m.)

           

B.         Comprehensive Plan Community Advisory Committee                          

 

C.        Lease Committee                                                                                             

           

D.        Permanent Fund Committee

            (April 10, 2008 6:00 p.m.)

 

E.         Public Arts Committee

            (March 20, 2008, Worksession 10:00 a.m. and Regular Meeting 11:00 a.m.)

 

F.         Transportation Advisory Committee

            (March 18, 2008, Regular Meeting 5:30 p.m.)

 

PENDING BUSINESS

 

None.

 

NEW BUSINESS

 

A.        Memorandum 08-26, from Councilmember Chesley Re: Travel Authorization for Two             Councilmembers to Attend Pebble Ltd. Partnership Regional Leaders Meeting in     Anchorage, Alaska March 5, 2008. Recommend approval.           

 

Mayor Hornaday called for a motion to approve the recommendations in Memorandum 08-26.            

HEIMBUCH/CHESLEY – SO MOVED.

 

Discussion at the Committee of the Whole resulted in Councilmember Heimbuch and City Manager Wrede expressing an interest to attend.

 

HEIMBUCH/CHESLEY – MOVED TO AMEND TO SEND COUNCILMEMBER HEIMBUCH AND CITY MANAGER WREDE.

 

In the Committee of the Whole it was suggested City Manager Wrede offer an invitation to Pebble Mine to come to Homer to give a briefing to the City.

 

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

 

Motion carried.

 

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

 

Motion carried.

 

RESOLUTIONS

 

A.        Resolution 08-26, Of the City Council of Homer, Alaska, Urging the United States      House of Representatives or the Joint House-Senate Leadership to Create a Select   Committee to Investigate the Presidential Administration and to Make Recommendations          Regarding Grounds for Possible Impeachment. Novak. Recommend adoption.             

 

NOVAK – MOVED TO ADOPT RESOLUTION 08-26.

 

Motion failed for lack of second.

 

B.         Resolution 08-25, Of the City Council of Homer, Alaska, Directing the City Manager to Begin the Request for Proposal Process for Legal Services. Chesley. Recommend adoption.

 

CHESLEY/WYTHE – MOVED TO ADOPT BY READING OF TITLE.

 

Councilmember Chesley stated this is a follow-up to budget meetings in December when Council wanted to investigate other legal service providers.

 

Councilmember Novak noted it is a direction for an RFP to issue in 30 days. It is not acceptable. He understood the future intent of legal services would be discussed rather than going out for an RFP. It is not a reasonable, nor a fair thing to do to the people working for us for 10 years. He would appreciate discussion, a procedure and a process with due consideration.

 

WYTHE/CHESLEY - MOVED TO CONTINUE THIS RESOLUTION TO OUR FIRST MEETING IN APRIL.

 

A Special Meeting on April 12th was discussed.

 

Councilmember Novak objected to the continuance.

 

CHESLEY/WYTHE - MOVED TO STRIKE THE 30-DAY REQUIREMENT FROM THE RESOLUTION.

 

Councilmember Chesley stated it was not an ambush process; it is an official way to start the dialogue and follow-up on discussions during budget sessions.

 

Councilmember Heimbuch asked if the City Manager has begun to flush out criteria for an RFP. City Manager Wrede would like a full discussion with Council to determine what level of service is desired. Not all legal firms are the same; there is different service from different firms.

 

VOTE: (amendment) YES. WYTHE, CHESLEY

VOTE: NO. NOVAK, HEIMBUCH

 

Motion failed.

 

Councilmember Heimbuch called for reconsideration and withdrew reconsideration.

 

VOTE: (postponement) YES. WYTHE, CHESLEY

VOTE: NO. NOVAK, HEIMBUCH

 

Motion failed.

 

Councilmember Heimbuch called for reconsideration.

 

COMMENTS OF THE AUDIENCE

 

Frank Griswold, city resident, noted the vote on the Minsch rezone was 5-0  by the Planning Commission that there was no public need or justification; a vote of 4-1 there was no relationship to the Comprehensive Plan and a 5-0 vote to deny the rezone. He noted the City Attorney’s correspondence re: the Bocek Brothers case, stating “the court noted the property owner does not have a vested right to expect the entire lot be contained within a single use district.”  Mr. Griswold questioned Ordinance 07-50 as a procedural matter due to the 2-2 vote. He questioned if the Mayor was not required to vote on a tie. He commented on allowing Amy Bollenbach to speak on a second topic, stating that it was a good idea to let someone speak three minutes per topic. It has not been the policy in the past and should be fairly applied.

 

Mayor Hornaday stated Amy is special.

 

Frank Griswold noted Mr. Gustafson’s work of ten years on the planning commission in Pennsylvania and suggested he be recruited.

 

Leonard Wells, city resident, attended the worksession on Thursday for Town Center and finds it unbelievable that no reduction of services or tax increases will be necessary to pay a $550,000 bond or annual mortgage payment for 25 years. It means City Council already raised taxes and shortchanged city services for the past year or so. While at the meeting he overheard a committee member stating increased space was needed in the new town hall. The city will then ask to add staff to fill up the space. The $.5M could go towards a lot of different uses, including hockey, schooling, roads and other facilities.

 

 

Bryan Zak, city resident and Planning Commissioner, stated as planning commissioner he didn’t vote on the Gateway Business District, as it was a conflict of interest. As a citizen, he commented when the City changes zoning they need to consider an individual owner’s 14th amendment to the Constitution. There are a bundle of rights and consideration needs to be made on how it will change what the use of the land is. More input from land owners should be considered, such as making overhead wires go underground or lower taxes to join the scenic gateway. Presently there are more restrictions without giving anything.

 

Tim O’Leary, city resident, voiced his disappointment that Resolution 08-26 was not even acknowledged. He offered the following statement from Dean of St. Paul’s Cathedral, London: “History seems to show that the powers of evil have won their greatest triumphs by capturing the organizations that were formed to defeat them, and that when the devil has thus changed the contents of the bottle he never alters the labels. A fort may have been captured by the enemy, but it still flies the flag of the defenders.” Our virtual rule of law has been diluted and thrown out the window. He showed a picture of 24-year old Evan Villa, sentenced to ten years for murder without premeditation. He killed a life in Iraq. How about the 935 times we were lied to get us in Iraq and continually lied to just to keep us in Iraq? For the past four years the intelligence sub committee was to issue a report of the policies that brought us to war, to this day it has never emerged. American people at the grass roots level need to begin speaking up. Mr. O’Leary said he is outraged for Council not to even address or discuss Resolution 08-26.

 

Linda Browning, city resident, thanked Council for listening to the voice of reason. Council does not have the right to make these kinds of decisions. It is a volatile issue and decisive in the community. She has survived a terrorist attack and had a son that served in Iraq. The House of Representatives is the proper forum. She urged those in support of impeachment to take the petition to the appropriate authority and work with that. Don’t put the Council in the position of making these decisions.

 

COMMENTS OF THE CITY ATTORNEY

 

City Attorney Tans was not present.

 

COMMENTS OF THE CITY CLERK

 

City Clerk Johnson had no comments.

 

COMMENTS OF THE CITY MANAGER

 

City Manager Wrede had no comments.

 

COMMENTS OF THE MAYOR

 

Mayor Hornaday said it is good to be back. He thanked Pro Tempore Mayor Novak for filling in. There are exciting and positive things happening in the community.

 

COMMENTS OF THE CITY COUNCIL

 

Mayor Pro Tempore Novak offered no apologies for bringing the resolution forward for review of the actions of the government. He fully understands the role of the City Council in the community. They have a duty and responsibility to speak out when they feel things are not the way they are supposed to be. People have testified before us; it is our country. Although it may be Homer, we still live in the United States and it is our government. We have the right to make comments that can be carried to the House of Representatives. There is no reason elected bodies cannot choose to send a message. Council made a choice, some may not agree, but there are problems. It is an issue that the country has serious actions that won’t be righted if we turn a blind eye. We need to carry the message of getting it righted.

 

Councilmember Wythe commented we are not ignoring citizens; it is not a position of the body to take a position. It does not mean we don’t support continuing the effort at a higher level. In review of Alaska Statutes Title 29 that govern the City Council, there is nothing to say the City Council has controlling power to represent the community. We make difficult decisions, many are divisive. The purpose and intent of establishing a first class City Council is to manage business of the City of Homer. Impeachment proceedings are not business of the City of Homer. State Statutes caution officials from acting outside the authorities specifically given to us as members of a first class city. Construction of a new building by design will provide adequate space for individuals in the current building and potential employees in a 20-year building. We can house 40 people in the new building and arrive at a place where we are in the current City Hall. When constructing a building you put in space needs adequate for work space for the existing people and expansion 20 years from now. The concept of building a long term building is that it uses spaces and incorporates more people in the spaces. As mentioned to the designers, to look far ahead you need to have open spaces with cubicle settings to add people to grow over a period of 20 years.

 

Councilmember Chesley asked the Clerk and Mayor to sign Resolution 08-24 and forward to Representative Seaton as soon as possible.

 

Councilmember Heimbuch had no comments.

 

There being no further business to come before the Council the meeting was adjourned at 9:44 p.m. by Mayor James C. Hornaday. The next Regular Meeting is scheduled for Monday, March 10, 2008 at 7 p.m. and the next Committee of the Whole is scheduled for Monday, March 10, 2008 at 4 p.m. A Special Meeting is scheduled for Monday, March 10, 2008 at 5:30 p.m. All meetings scheduled to be held in the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 

______________________________

JO JOHNSON, CMC, CITY CLERK

 

Approved: _____________________

 

 


[1] Moved to adopt Ordinance 08-08 for introduction.