Session 10-02 a Regular Meeting of the Homer City Council was called to
order on January 11, 2010 at 6:00 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: HOGAN,
HOWARD, LEWIS, ROBERTS, WYTHE,
ZAK
STAFF: CITY
MANAGER WREDE
CITY
CLERK JOHNSON
CITY
ATTORNEY KLINKNER
CITY
PLANNER ABBOUD
FINANCE
DIRECTOR HARVILLE
POLICE
CHIEF ROBL
PORT
AND HARBOR DIRECTOR HAWKINS
PUBLIC
WORKS DIRECTOR MEYER
Department Heads may be called upon from time to time to participate
via teleconference.
Council met in a Special Meeting as a Board of Adjustment to hear
Griswold vs. Blackwell, Appeal of Acceptance of a Nonconforming Use at
1440 East End Road from 3:38 p.m. to 4:38 p.m. Council met as a Committee of
the Whole from 5:01 p.m. to 5:50 p.m. to discuss Ocean Drive Loop Seawall and
Regular Meeting Agenda items.
AGENDA APPROVAL
(Addition of items to or removing items from the agenda will be by
unanimous consent of the Council.
The agenda was approved by consensus of the City Council with the
following changes:
CONSENT AGENDA - Homer City Council unapproved Special
Meeting minutes of November 30, 2009 – Appellant comments; Memorandum 10-02, Commissioner/Board Data Sheet from Beth Wythe; ORDINANCES - Ordinance 10-01(S),
Substitute Ordinance of the City Council of Homer, Alaska, Amending the Title
of Homer City Code Chapter 21.54 and the Title of Subchapter 1 of Homer City
Code Chapter 21.54, repealing Homer City Code 21.54.060 Standards for Mobile
Home Structures, and Enacting Homer City Code 21.54.100 Standards for Mobile
Home Structures. City Manager/Planning; Ordinance
10-02, public comments; CITY
MANAGER’S REPORT - Memorandum 10-16 & 10-17, Re: Hickerson Memorial
Cemetery; PENDING BUSINESS - Ordinance 09-40(S), public comments; RESOLUTIONS - Resolution 10-12, backup information;
and Resolution 10-13, public
comments.
Memorandum 10-14 was moved to be heard right before adjournment.
PUBLIC COMMENTS UPON MATTERS
ALREADY ON THE AGENDA
Chris Newby, city resident of Ocean Drive Loop (ODL) Seawall district,
has been involved with the seawall since its inception. The City is adamant the
best way for property owners is to form a homeowner’s association. An attorney
drew up the articles of incorporation and they hope to have a viable operating
plan. He encouraged Council to adopt Resolution 10-13 to allow the process to
continue and maintain the seawall until the association can find funds for
improving and strengthening it.
Paula Dickey, city resident and caboose at the Seawall, offered a correction
to packet pg. 281, the map of the ODL Seawall property owners. The Lawers are
not a part of the seawall and it ends halfway across her lot. She urged Council
to read her letter in the packet and rescind Ordinance 06-53 regarding the special
tax district. She is not a part of the HCEC (Homer Citizens for Erosion
Control, Inc.) and is very upset.
John Szajkowski, city resident and ODL Seawall property owner, is part of
the special service tax district, but not a member of the HCEC. Voting in the
HCEC is done by linear footage of ownership of the wall. Members of HCEC are a majority
of the voting membership, controlling the vote of what the committee does. Some
of the bylaws of the committee are legally questionable. He encouraged Council
to read the bylaws and ask themselves if they would join such an organization.
Tom Taffe, city resident, has reviewed the Comprehensive Plan in
detail. Most of economic data stops in 2005 before his residential development of
Spring Hill Park, placing all properties in a different economic environment.
We now have a flat where it is difficult to sell real estate in Homer. The 72
lots in their subdivision would be redefined by this Comp Plan from rural to
transitional. Does it mean taxes will rise? He spent $2M paying for road, sewer,
and water, which raised property values and his property taxes by 325%. He
asked Council to communicate more about specific parts of the Comp Plan that need
to be narrowly addressed.
Findlay Abbott, Yukon Island resident, owns 100 ft. frontage on ODL Seawall.
His building was 75 ft. back from the edge of the cliff; today it hangs over
the edge. He can’t finish building because it is insecure. He objected to
plastic seawall at every point. He doesn’t own a section, so has no obligation
to maintain the wall. It is an engineering disaster that needs armor rock soon.
The City decided on the engineering, design, and all. Homeowners are not going
to bail the City out.
Devony Lehner, city resident, provided written comments on the
Comprehensive Plan in the packet. Her concern is the public outreach process
that does not meet minimal professional standards.
Roberta Highland, city resident, asked for postponement on the
Comprehensive Plan. The last draft of changes became available on Thursday. Changes
in zoning are not known by affected landowners and are significant enough
changes to warrant notification. Information is outdated. She would like to see
2010 numbers. There are new faces on the Planning Commission, City Council and
a new Planning Department Director. The continuity of the plan has suffered.
Diane Converse, city resident and new director of Pratt Museum, urged
for support of Resolution 10-11. The resolution will provide importance to the
museum’s capital request; the capital project in turn will benefit the community.
Julie Derry, Kenai resident, supports Resolution 10-12. The Kenai
Peninsula Food Bank serves the entire peninsula, including the Homer Food
Pantry. Carlisle is providing an in-kind donation by transporting monthly food
boxes to the Homer Food Pantry free of charge. The Kenai Peninsula Food Bank
received a $395,000 Rasmuson Foundation matching grant, and is seeking private
and public funding to match the amount.
Ruth Dickerson, Homer resident and Homer Food Pantry volunteer, is grateful
to be one of 65 agencies on the Kenai Peninsula Borough that purchases food
from the Kenai Food Bank. She expressed concern for Resolution 10-11, which may
lead locals to think they are supporting the Kenai Food Bank. People should be
aware that money does not come from the Kenai Peninsula Food Bank for this
community; it is a separate entity.
Kathy Sarns-Erwin, city resident on ODL Seawall, is a member of HCEC.
As a group they have more power than as individuals for outside funding. She is
willing to keep making amendments until HCEC works.
Frank Griswold, city resident, requests postponement of the approval of
the November 30th Board of Adjustment minutes for corrections.
Ordinance 09-40(S) and the proposed Comprehensive Plan are flawed. The plan was
delegated to an ad hoc committee without planning training and some committee
members had a vested financial interest. There were no surveys taken for the community’s
input about land use issues. The plan is now obsolete. The City has a hard time
admitting that as they spent $100,000 on consultants to dress up the poorly
drafted document. Another $65,000 was squandered for the Homer Spit Plan. He
suggested zoning all of Homer as a mixed use district that would create new
businesses. The plan should be shredded and left to the Kenai Peninsula Borough
who has the authority.
Robert Archibald, city resident, commented on the Comprehensive Plan.
He has horses and is interested in agriculture. From rural residential to rural
urban there is no allowance for light agriculture, which will affect people on
the south side of Kachemak Drive and East End Road to Kachemak Drive. In the West
Hill residential business area, no one knows about land use changes as there
has not been any information to the public. If we go ahead with the plan
without the new census it will be obsolete.
Jeanne Fabich, city resident, commented on the Comprehensive Plan
changes in land use designation. Although it is not rezoning her property, it
is a significant change. As a landowner she should have been notified. The City
needs to move transparently.
Pat Erwin, city resident and ODL Seawall, said all property owners on
the seawall want the same thing, a better, stronger wall. Armor rock is the way
to go. He and his wife joined the HCEC because as a group they stand a better
chance of Federal and State grants for armor rock. The majority of the property
owners have joined the HCEC and they are working on the bylaws and amending
them as people bring up their issues.
Leonard Wells, city resident, commented on the Comprehensive Plan. His
biggest problem with it is restrictive zoning. It has stricken out types of
business within the city by those with an environmental opinion. It does not provide
what jobs will come from non industrial type uses. He sort of agrees with Mr.
Griswold it is not the business of the Council, but rather a Borough activity
to do zoning.
Rika Moew, city resident, asked for postponement of the Comprehensive
Plan. It does not reflect suitable studies for land uses. It is not clear if it
includes a pre-zoning map, or a dream map. There are places where rural
residential is being designated to urban residential. The input people are giving
is not being reflected in the land use designation, including the suitability
maps.
Jackie Eisenberg, city resident, asked for a delay of the Comprehensive
Plan to take a closer look. Cottonwood Horse Park is a similar situation with
the Chamberlain Equestrian Center in South Anchorage. By implementing this Comp
Plan it is switching a big section from rural residential to urban residential,
encouraging everything to be split into small sections and losing the green
space in Homer. She would like to see it maintained for her children. Ms.
Eisenberg read a letter from Mike McCarthy.
Paul Hueper, city resident and ODL Seawall property owner, asked
Council to pass Resolution 10-13. A few years ago the homeowners were asked to
put together an association. They have taken great pains to have what the City asked
for. The bylaws are great and allow the HCEC to qualify as an eligible entity
to acquire grants. The City Attorney had suggestions for minor things to
improve on.
Jane Swain, city resident, commented on the Comprehensive Plan and changing
the zoning on West Hill. She has lived there since 1986 and has seen wetlands
destroyed and debris buried. The Comp Plan should be strict about what they are
going to do in that area, otherwise, it will end up like Sand Lake. You will find
a lot of stuff underneath that will cause problems for future development in
the areas.
Don McNamara, city resident and ODL Seawall property owner, asked that
Council not support Resolution 10-13 and HCEC’s eligibility until they meet up
to the ordinance’s criteria. Proposed amendments to bylaws have not been
brought up at HCEC meetings. They have not been open to the public, the annual
meetings are not happening, and there is no reasonable written plan for 2010 and
2011. In the annual budget for 2010 the City pays $40 a linear ft. and all
other homeowners pay $8 per linear ft. on the seawall. HCC 15.10.020 took money
out of the fund. If Council passes the resolution they ignore their fiduciary
duties to taxpayers. People can borrow money in his name. The City does not
oversee the quality of the work on the seawall.
Donna Rae Faulkner, city resident and ODL Seawall property owner, commented
armor rock is a great idea and does not require the HCEC. If the City deems the
HCEC an eligible entity, it is taking on a legal fiduciary by taking their
money for taxes. How would the City hold them accountable? Why is the
resolution happening tonight with only half of the eligibility criteria having
been met? There is not a separate interest bearing account for the seawall
district, no interest on the spread sheets, there are line items not about the
fund that are coming from the mil rate. She can easily show $18,000 of receipts
that neighbors and they have put into the wall since the LID assessment.
Marilyn Hueper, city resident and ODL Seawall property owner, asked
Council to approve Resolution 10-13. From the testimony from Findlay and others
that feel the wall is not theirs to maintain, it leaves the rest of the owners
and the City at risk. We have a wall that needs strengthening. If allowed to
fail, replacement will cost three times or more. The City’s utilities will be at
risk and it will require a lot of cost for the City to move utilities. Loss of properties
would mean a tax base was lost.
Beth Cumming, city resident, stated the City should avoid involvement
in the seawall issue no more than they are already legally obligated. The City
will be asked to address bluff erosion east of the Spit, which will be ten
times worse than the seawall.
Douglas Westphal, city resident, supports postponement of the Comp
Plan. People have not been given the opportunity to simulate the impacts of
property tax increases and other changes to the West Hill neighborhood.
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 Special Meeting minutes of November 30 and December 14,
2009 and Regular Meeting minutes of December 14, 2009. City Clerk. Recommend
approval.
B. Memorandum 10-01, from Clerk, Re: Liquor License Renewal
for Happy Face, Oaken Keg, Kharacters, Down East Saloon, and Uncle
Thirsty’s Liquor Store.
C. Memorandum
10-02, from Mayor, Re: Appointment of Barbara Howard and Reappointments of
Beth Wythe and Matt North to the Permanent Fund Committee.
Mayor Hornaday called for a motion for the
adoption and/or approval of the recommendations of the consent agenda as read.
LEWIS/ZAK – SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VISITORS
None.
Mayor Hornaday called for a recess at 7:04 p.m. and reconvened the
meeting at 7:10 p.m.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH
REPORT/COMMISSION REPORTS
A. Borough
Report
Bill Smith, Kenai Peninsula Borough Assemblyman, reported the Assembly
voted to request that NOAA extend the comment period on the endangered beluga
whale to March 1st. NOAA did extend the comment period for written
comments to March 1st.
B. Commissions/Board
Reports:
1. Library
Advisory Board
2. Homer
Advisory Planning Commission
3. Economic
Development Advisory Commission
4. Parks
and Recreation Advisory Commission
5. Port
and Harbor Advisory Commission
PUBLIC HEARING(S)
None.
ORDINANCE(S)
A. Ordinance 10-01, An Ordinance of the City Council of Homer, Alaska,
Amending Homer City Code
21.54.060 Standards for Mobile Homes. City Manager/Planning. Recommended dates: Introduction January 11,
2010, Public Hearing and Second Reading January
25, 2010.
Memorandum 10-12 from
City Planner and Planning Technician as backup.
Ordinance 10-01(S), An Ordinance of the City Council of Homer, Alaska, Amending the Title of Homer City Code
Chapter 21.54 and the Title of Subchapter 1 of Homer
City Code Chapter 21.54, repealing Homer City Code 21.54.060 Standards for Mobile Home Structures, and Enacting Homer
City Code 21.54.100 Standards for Mobile Home
Structures. City Manager/Planning.
Mayor Hornaday called for a motion to substitute Ordinance 10-01(S) for
Ordinance 10-01.
WYTHE/ROBERTS - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Mayor Hornaday called for a motion for the adoption of Ordinance 10-01(S)
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.
B. Ordinance 10-02, An Ordinance of the City Council of Homer, Alaska,
Amending the FY 2010 Operating Budget
by Appropriating $269,040 from the General Fund Balance for the Purpose of Filling 3.7 Vacant Positions in the Police
and Fire Departments. Howard.
Recommended dates: Introduction January 11, 2010, Public Hearing and Second Reading January 25, 2010.
Mayor Hornaday called for a motion
for the adoption of Ordinance 10-02 for introduction and first reading by
reading of title only.
HOWARD/ZAK - SO MOVED.
Councilmember Howard asked for consideration of restoring the public safety
positions, using part of the $4.5M reserves as funding.
Councilmembers Roberts and Wythe expressed opposition to a budget
amendment so soon after the budget was passed without a sustainable $270,000
per year to support the positions. Councilmember Hogan would like to see the
amendment in June.
VOTE: YES. ZAK, HOWARD
VOTE: NO. ROBERTS, WYTHE, HOGAN, LEWIS
Motion failed.
C. Ordinance 10-03, An Ordinance of the City Council of
Homer, Alaska, Adopting Homer City Code Chapter 19.02, Large Special Events, Requiring
Permits for Large Special Events in the
City, and Authorizing Charges for City Services Required for Large Special Events. City Manager. Recommended
dates: Introduction January 11, 2010, Public Hearing
and Second Reading January 25,
2010.
Mayor Hornaday called for a motion for the adoption of Ordinance 10-03
for introduction and first reading by reading of title only.
LEWIS/WYTHE - SO MOVED.
Councilmember Hogan expressed the need to see a lot less stick and
would like to see something more proactive. He would like to see it as an
economic tool to bring events to town and be successful. He does not want to
build roadblocks.
Councilmembers Roberts and Lewis expressed support for the new and
improved ordinance, indicating that few events are covered.
City Manager Wrede related the new ordinance incorporates Council’s
comments. It is clear that expressive events and demonstrations are exempt,
with no permit needed. Large events are 500 people or more and there are quite a
few exemptions for the permit. We do want to encourage events for economic
development, but make sure taxpayers don’t get caught holding the bag. A copy
of the changes (from failed Ordinance 09-42(A)(S)) are available through the
City Manager’s office.
Councilmember Wythe asked that Councilmember Hogan submit his proposed
changes in writing.
VOTE: YES. LEWIS, ROBERTS, WYTHE, ZAK, HOWARD, HOGAN
Motion carried.
A. City Manager’s Report
9. Beluga Whales: As you probably know, much of
Cook Inlet and Kachemak Bay was recently
designated as critical habitat for Beluga whales. There is no shortage of
opinions on this topic as you
might imagine. You may have noticed that Mayor Carey, along with Mayor Sullivan and the Mayor of the Mat-Su
Borough have already weighed in. We will be
attending workshops and closely monitoring the impacts this designation may
have, both good and bad, on Kachemak
Bay and on City operations. For example, this will definitely add another layer of review to capital projects such
as the Deep Water Dock expansion and
the East Boat Harbor project.
City Manager Wrede referenced the information relating to Hickerson
Memorial Cemetery operations in the supplemental packet. For future planning,
if the City is to stay in the cemetery business, more land is needed.
The Permanent Fund is to meet Thursday to select a financial advisor
for investment of the Exxon monies. Currently the money is invested in the AML
investment pool. Municipalities pool their money, it earns some interest, is
liquid, and easily assessable. When an investment firm is selected the money
can easily be moved out of the account.
There are two possible sources of funding to implement the Climate
Action Plan. The City has received notice of eligibility for a block grant in
the amount of $220,000. A plan must be devised to spend the grant monies.
City Manager Wrede reported there is a chance of stimulus package grant
programs for funding Police and Fire department positions. There are many
regulations for the stimulus money that is designed to replace positions for up
to two years that are not funded due to budget cuts. Two Fire positions have
been applied for, with no obligation for a match. There is a stipulation to
keep the person employed for an additional year. Council will decide if they
want to accept the grants.
Historically when the City makes contributions to The Homer Foundation
they are split in half. Half is distributed to nonprofits; half is invested to
grow. Last year The Homer Foundation spent all the money and interest earned by
the trust fund, as there was a dire need by the nonprofits. The Foundation
plans to do the same this year. Mayor Hornaday commented the interest should
not be distributed and should be in a growth fund. Council commented on the
City’s annual contributions to The Homer Foundation and the need to provide
direction as to how the funds will be disbursed.
B. Bid Report
C. Question of the Week – The City is looking into revamping its
website and making it more user
friendly. What improvements would you like to see on the city website? This week’s question is simple…Why do you choose to
live in Homer?
COMMITTEE REPORT
A. Public Arts Committee
B. Transportation Advisory
Committee
C. Permanent Fund Committee
D. Lease Committee
PENDING BUSINESS
A. Ordinance 09-40(S), An Ordinance of
the Homer City Council Adopting the 2008 Homer Comprehensive Plan and
Recommending Adoption by the Kenai Peninsula Borough. City Manager.
Introduction September 14, 2009, Public Hearings October 12 & 26, November
23, 2009, Worksession November 9, 2009 and Second Reading January 11, 2010.
Memorandum
10-11 from City Planner and Planning Technician as backup.
Mayor Hornaday called for a motion for the adoption of Ordinance
09-40(S) by reading of title only for second and final reading.
HOGAN/ZAK – SO MOVED.
Councilmember Hogan commented he had a hard time reading the Comp Plan,
as it made him angry. It is not a document the community can relate to. He is not
happy with the process. The City should never again use a consultant, but
rather do their own plan. He expressed the need to vote it down and start over.
In the executive summary on page 1-3 the Alaska Statute 29 charging
comprehensive plans is cited. It is not what the statute says; they have
changed it. It is fraud and there should be an investigation. HCC 1.18 states
it is unlawful to knowingly advance falsehood to advance legislation.
WYTHE/ROBERTS - MOVED TO POSTPONE THIS ORDINANCE FOR A FINAL READING
FEBRUARY 8TH, WITH AN ADDITIONAL PUBLIC HEARING ON JANUARY 25TH.
Councilmember Wythe asked that in the event postponement is granted,
that all Councilmembers bring forward adjustments and corrections. There have
been a lot of adjustments and she would like staff to get the documents on the
website along with the red line revisions. There is no rush to get the plan
done, but we need to continue moving forward now.
Councilmember Hogan commented it does not need polishing, it needs
canning. The last Comp Plan update was 14 pages and this is 120-130 pages long.
It is incredibly overreaching and he has not heard anyone supporting it. We
need to stop and take a different track.
Councilmember Roberts pointed out the document is a complete revision
of the Comprehensive Plan, rather than a revision. She concurs that additional
public input is needed and we need to continue moving forward.
VOTE: YES. LEWIS, ROBERTS, WYTHE, ZAK, HOWARD
VOTE: NO. HOGAN
Motion carried.
B. Memorandum 10-14, 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. (Ethics Case No. 2009-01)
Moved to be heard right before adjournment.
A. Memorandum 10-03, From City Clerk Re: Council Seating.
Mayor Hornaday called for a motion
for the approval of the recommendations of Memorandum 10-03.
ROBERTS/HOWARD - SO MOVED.
Councilmember Zak suggested the rock, paper, scissors method of
selecting seats.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Mayor Hornaday, Mayor Pro Tempore Wythe, and Councilmembers Roberts and
Howard retained their current seats. Mayor Hornaday allowed Councilmember Lewis
to call the coin due to the alphabetical sequence between him and Councilmember
Zak. Having lost the call, Councilmember Zak had first choice and chose to
retain the seat he currently occupies.
RESOLUTIONS
A. Resolution 10-01, A Resolution of the City Council of Homer,
Alaska, Confirming the City Manager’s
Appointment of Robert Painter as Acting City Manager for the Calendar Year 2010. City Manager.
Mayor Hornaday called for a motion for the adoption of Resolution 10-01
by reading of title only.
LEWIS/WYTHE – SO MOVED.
Councilmember Hogan expressed concern at rotating the position, as it
lacks continuity. He would rather see a permanent position rather than
rotation.
Councilmember Roberts asked if Chief Painter was aware of City Manager
Wrede’s upcoming 30-day absence to attend the Legislative session. City Manager
Wrede commented he will not spend all day, every day there. He could do work
with a laptop and the impact would be having to sign things.
Councilmember Wythe noted the appointment of Acting City Manager is
outlined in City Code and Council must follow code.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Resolution 10-02, A Resolution of the Homer City Council Confirming
the Appointments of Regina Harville as Treasurer and
Laurie Moore as Deputy Treasurer for Calendar
Year 2010. City Manager.
Mayor Hornaday called for a motion for the adoption of Resolution 10-02
by reading of title only.
LEWIS/WYTHE – SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Resolution 10-03, A Resolution of the City
Council of Homer, Alaska, Designating Signatories
of City Accounts and Superseding Any Previous Resolution So Designating. City Manager.
Mayor Hornaday called for a motion for the adoption of Resolution 10-03 by reading of title only.
WYTHE/LEWIS - SO MOVED.
WYTHE/ROBERTS – MOVED TO AMEND TO REPLACE BETH WITH MARY E., MY LEGAL
SIGNATURE.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion as amended) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
D. Resolution
10-04, A Resolution of the
City Council of Homer, Alaska, Awarding the Contract
for the Pressure Reducing Vault Replacement Project to the Firm of Endries Company of Soldotna, Alaska,
in the Amount of $171,500.00 and Authorizing the
City Manager to Execute the Appropriate Documents. City Clerk.
Memorandum 10-04 from
Public Works Director as backup.
Mayor Hornaday called for a motion
for the adoption of Resolution 10-04 by reading of title only.
WYTHE/ZAK - SO MOVED.
Asked by Councilmember Hogan why the bid came in so high from the engineer’s
estimate, Public Works Director Meyer answered he did not spend enough time
fully understanding the costs. Past PRV stations have been replaced for $75,000.
A few years ago a PRV station was replaced for $165,000.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
E. Resolution 10-05, A Resolution of the City Council of Homer,
Alaska, Awarding the Contract for
the Homer Sanitary Sewer
Rehabilitation Project to the Firm of Construction Unlimited of Anchorage, Alaska, in the
Amount of $897,895.90 and Authorizing
the City Manager to Execute the Appropriate Documents. City Clerk.
Memorandum
10-05 from Public Works Director as backup.
Mayor Hornaday called for a motion for the adoption of Resolution 10-05
by reading of title only.
WYTHE/LEWIS - SO MOVED.
Councilmember Hogan asked why the bid came in significantly under the engineer’s
estimate. You could balance it out with a reprimand on the previous bid.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
F. Resolution 10-06, A Resolution of the City Council of Homer,
Alaska, Authorizing the City Manager to
Accept and Appropriate American Recovery and Reinvestment Act Funding (ARRA-Stimulus Bill) in the
Form of a Loan (90% Forgiven Upon Purchase) in the
Amount of $145,355 for the Purpose of Purchasing a New Vacuum Sweeper. City Manager/Public Works Director.
Memorandum 10-06 from
City Manager as backup.
Mayor Hornaday called for a motion for the adoption of Resolution 10-06
by reading of title only.
LEWIS/ROBERTS - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
G. Resolution 10-07 A Resolution of the City Council of Homer, Alaska, Authorizing the City Manager to Issue a Request for
Proposals to Lease Lot 8-D-1 on the Homer Spit Immediately
Adjacent to the Deep Water Dock. City Manager/Lease Committee.
Memorandum 10-07 from
Port and Harbor Advisory Commission as backup.
Memorandum 10-08 from
Lease Committee as backup.
Mayor Hornaday called for a motion for the adoption of Resolution 10-07
by reading of title only.
ZAK/ROBERTS - SO MOVED.
Asked by Councilmember Hogan if the lot was on the land allocation list,
Port and Harbor Director Hawkins answered it was not on last year’s Land
Allocation Plan, but was in previous years. Asked by Councilmember Lewis of
Home Run Oil’s proposal, Port and Harbor Director Hawkins explained they are proposing
to build a tank farm and a pipe line out to the Deep Water Dock.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
H. Resolution 10-08, A Resolution of the
City Council of Homer, Alaska, Amending the Homer
Port and Harbor Advisory Commission Bylaws, Regular Meetings, to be Held the Fourth Wednesday of Each Month at 5:00 p.m.
with the Exception of the November and December
Meetings Which will be Held on the Third Wednesday of the Month at 5:00 p.m. City Clerk/Port and Harbor Advisory
Commission.
Memorandum
10-09 from Port and Harbor Advisory Commission as backup.
Mayor Hornaday called for a motion
for the adoption of Resolution 10-08 by reading of title only.
WYTHE/LEWIS – SO MOVED.
ROBERTS/WYTHE - MOVED TO AMEND THE BYLAWS ON PAGE 210, TELECONFERENCE
MEETING REGULATIONS: TO ADD THAT A MEMBER MAY PARTICIPATE UP TO TWO MEETING BY
TELECONFERENCE.[1]
Two annual teleconference meetings are allowed by City Council and the
Economic Development Advisory Commission.[2]
VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion as amended) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
I. Resolution 10-09, A Resolution of the
City Council of Homer, Alaska, Amending the Homer
Port and Harbor Advisory Commission Bylaws, to Add a Section on Teleconferencing. City Clerk/Port
and Harbor Advisory Commission.
Memorandum
10-10 from Port and Harbor Advisory Commission as backup.
Mayor Hornaday called for a motion for the adoption of Resolution 10-09
by reading of title only.
ROBERTS/LEWIS – SO MOVED.
ROBERTS/LEWIS - MOVED TO MAKE THE SAME AMENDMENT UNDER TELECONFERENCE
MEETINGS NO. 1: UP TO TWO TELECONFERENCE MEETINGS IN A YEAR.
VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion as amended) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
J. Resolution 10-10, A
Resolution of the City Council of Homer, Alaska, Renaming Thomas Street to Glenview Street
Within the Forest Glen Subdivision Unit 1 Within the City of Homer, and Renaming Beach Road to Miller’s Landing Road
Within the HK Davis Subdivision in Compliance With the Enhanced
9-1-1 Street Addressing Program. City
Manager/Planning.
Memorandum
10-13 from City Planner and Planning Technician as backup.
Mayor Hornaday called for a motion for the adoption of Resolution 10-10
by reading of title only.
LEWIS/ZAK - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
K. Resolution
10-11, A Resolution of the City Council of Homer, Alaska, Expressing Support for the Pratt Museum’s
Legislative Grant Request in the Amount of $160,000 for the Design Phase of the Museum Renovation Project. Roberts.
Mayor Hornaday called for a motion for the adoption of Resolution 10-11 by
reading of title only.
ROBERTS/HOWARD - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
L. Resolution
10-12, A Resolution of the City Council of Homer, Alaska, Supporting the Efforts of the Kenai Peninsula Food Bank
“Building to Nourish” Campaign to Secure Both
Public and Private Financial Support to Match a Rasmuson Foundation Grant for Building Renovations and Upgrades
that will Enhance the Food Bank’s Efforts to Provide
More Food to the Increasing Numbers of Hungry Within the Kenai Peninsula Borough. Mayor.
Mayor Hornaday called for a motion for the adoption of Resolution 10-12
by reading of title only.
LEWIS/ZAK - SO MOVED.
Councilmember Roberts expressed support for the resolution, adding that
we need to support our local food bank as well.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
M. Resolution 10-13, A Resolution of the
City Council of Homer, Alaska, Finding that with Specified Amendments to its Articles and Bylaws Homer
Citizens for Erosion Control Substantially
Meets the Requirements to Qualify as an Eligible Entity to Receive Grants for
Operation of the Seawall Under HCC 15.10.100, and Encouraging the Corporation to Adopt the Required Amendments Prior to Making an
Application for Grant Funds. City Manager.
Memorandum
10-15 from City Attorney as backup.
Mayor Hornaday called for a motion for the
adoption of Resolution 10-13 by reading of title only.
ZAK - SO MOVED.
Motion failed for lack of a second.
COMMENTS OF THE AUDIENCE
Dean Ravin, Homer resident, commented on the increasing inventory of
vacant commercial real estate inside the city. He asked Council to explore how
the current application of the zoning ordinances may prevent commercial
development. What is the City doing that may be causing the vacancies? The City
is not collecting sales tax revenues, and without the buildings being filled we
will see dropping property values.
Councilmember Howard asked that the matter be remanded to the Economic Development
Advisory Commission. Councilmember Hogan asked for a MLS of commercial and
residential properties to establish a data base of that activity.
Leonard Wells, city resident, commented the Comprehensive Plan should
be thrown out or wording be changed on future zoning changes. As of mid
December about $40,000 in sales tax revenue that used to come from gasoline
sales on East End Road is now on the opposite side of the city line.
Don McNamara, city resident, said the seawall is a hot topic. One
person within the ODL Seawall district did not show up; all others were here.
COMMENTS OF THE
City Attorney Klinkner commented that he provided a pending litigation
report to City Council and would be happy to update it. Mayor Hornaday
requested a quarterly report and a report to show the cases Attorney Klinkner
is not involved in.
COMMENTS OF THE
City Clerk Johnson had no comment.
COMMENTS OF THE
City Manager Wrede commented he is trying to pull together a summary on
other pending legal matters. It will follow shortly. As to Resolution 10-13, he
is perplexed there was no discussion. He thinks City Council thought the
resolution was premature. He wanted to get something on the table for Council
to talk about the seawall. He will come up with the application form and fill
in the blanks. The property owners will amend their bylaws. When they are in
compliance with the code, it will be brought back.
COMMENTS OF THE MAYOR
Mayor Hornaday commented on a new book, Snapshots of the Statehood on
the Kenai Peninsula. The front page includes a picture of Mossy Kilcher at age
7 milking a cow. Wilma Williams wrote the Homer portion that Homer was opposed
to Statehood. There is even a comment from the Mayor.
COMMENTS OF THE
Councilmember Wythe commented there are a lot of contentious issues on
the ODL Seawall. Council needs to spend some time to discuss the seawall and
the aspects, why it came to be, how it came to be, and the City’s legal
responsibility relating to the wall. She understands ownership is by the
citizens of the wall, not the City. Resolution 10-13 was put out there with the
intent of talking about the seawall, but Council talked about the resolution.
Both are separate. Council needs education on what has preceded them and the
history of the seawall. Everything went well tonight.
Councilmember Lewis had no comment.
Councilmember Hogan expressed appreciation of the attorney’s report. He
concurs with the Mayor for a full report on other legal matters. He made an
informal request of Administration for a DOT report for coastal erosion to the
Sterling Highway and an inventory to establish a data base of vehicle rolling
stock, equipment, hour meter readings, and mileage readings of all the vehicles
in the City’s fleet to determine what we have, what we are using, and what we
don’t need. He hopes Council will support gathering that information in a
monthly report. In regard to the Comp Plan and changing the wording of the
Alaska Statutes, he takes that very seriously. He cited HCC 1.18.030 that
contractors shall not knowingly make false statements to influence official
action. It needs to be taken seriously. Someone has been beating the drum stating
the Comp Plan is a KPB function. Granted, the Borough has delegated that
authority to us, but we should not be changing the State Statute to fit our
purposes.
Councilmember Roberts felt that Resolution 10-13 was premature and may
not have been the appropriate resolution. There was a lot of material to read
in the packet. There were some things in the HCEC bylaws that their vote was
based on the length of the seawall, yet the City collects taxes based on the
mil rate. Fairness needs to be looked at. She will not support it until it is
equitable to the citizens. She has been on the Council for 3 ½ years and very
erratically she gets quarterly financial documents. She would like a schedule
to include a report three or four times a quarter, especially in these
difficult financial times. A general overview of the general fund in comparison
to past quarters is requested. Council is responsible financially to oversee
the City. A regular report is needed, not just during budget time. A balance
sheet to compare previous years to this one is needed to see if things are
getting better or worse.
Mayor Hornaday commented in regard to the ODL seawall. The City
Attorney is going to advise us on whether the application of the homeowners
association meets the city code. What is in their bylaws is their business, not
ours.
Councilmember Zak commented he introduced Resolution 10-13. He has
heard about armor rock and stimulus funds that may be for shovel ready
projects. He appreciates the City Manager’s comments on the seawall and hope it
comes back relatively soon. He offered congratulations to the Pratt Museum for
getting the large grant and bringing funds to the City of Homer. He expressed
disappointment that funding for police positions failed. Councilmember Howard is
right to dip into reserves since non profits were funded. He also hopes that
comes back fairly soon. Meeting earlier with a tremendous turnout was a more
positive meeting with more energy.
Mayor Hornaday commented the City is not applying for anything on the
seawall and Councilmember Zak’s comments should not be taken that we are doing
so.
Councilmember Howard said she hopes she doesn’t say anything to upset
the Mayor. She thanked the Clerk’s office for the good advertisement for the
change of times for the meetings. In evidence, folks are here tonight. She
would like to add a notice at the front door and an announcement from the Mayor
to turn off cell phones. It is interesting seawall owners all agree on armor
rock. She challenged the group that lives on Hatfield and McCoy Street to start
working together as a unit to resolve this as hard as the City Council is
working on it.
PENDING BUSINESS (Continued)
B. Memorandum 10-14, 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. (Ethics Case No. 2009-01)
Mayor Hornaday called for a motion for the approval of the
recommendations of Memorandum 10-14 to discuss Ethics Case No. 2009-01.
WYTHE/ROBERTS - SO MOVED.
There was no discussion.
VOTE: YES. HOWARD, HOGAN, LEWIS, ROBERTS, WYTHE, ZAK
Motion carried.
Council adjourned to Executive Session at 8:15 p.m. and reconvened at
8:30 p.m.
ADJOURNMENT
There being no further business to come before the Council the meeting
was adjourned at 8:31 p.m. by Mayor Hornaday. The next Regular Meeting is
scheduled for Monday, January 25, 2010 at 6:00 p.m. The Next Committee of the
Whole is scheduled for Monday, January 25, 2010 at 5:00 p.m. A Special Meeting
is scheduled for Monday, January 25, 2010 at 4:00 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:
_____________________