Session 07-02, a Regular Meeting of the Homer City Council was called to order at 7 p.m. by
Mayor James C. Hornaday at the Homer City Hall Cowles Council Chambers located at 491 E.
Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance and all sang Happy
Birthday to Councilmember Heimbuch.
PRESENT: COUNCILMEMBERS: HEIMBUCH, NOVAK, ROBERTS, SHADLE, STARK (telephonically),
STAFF: CITY CLERK CALHOUN
CITY MANAGER WREDE
ABSENT: COUNCILMEMBER: WYTHE (excused)
Department Heads may be called upon from time to time to participate via teleconference.
Council met as a Committee of the Whole from 4:00 p.m to 4:47 p.m. in the Homer City Hall
Cowles Council Chambers, agenda items included a presentation by Scott Brennan, Renewable
Resource Coalition and the Regular Meeting agenda.
AGENDA APPROVAL
(Addition of items to or removing items from the agenda will be by unanimous consent of the
Council. HCC 1.24.040.)
The agenda was approved by consensus of the City Council with the following changes: Corrected
Reference Sheet for Ordinance 07-04, Corrected recommendation on Memorandum 07-08 with
Clancy Hughes' data sheet, Substitute Memorandum 07-09(S), with additional appointments, and
Memorandum 07-11 from City Manager listed under Ordinance07-03 and written public testimony.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Public may comment on any matter on the agenda, except Visitor Scott Brennan Renewable
Resources Coalition and Public Hearing items: Ordinance 06-68 and 06-68(S), Ethics
Code,Ordinance 07-01(A), Addition of Public Beaches to Parks and Recreation Commission
duties, andOrdinance 07-03, Accepting Ownership of Property from UA.
Frank Griswold greeted the Mayor and Council with, "Good evening". He noted that he is a City
resident and stated that there are 86,082 reasons to pull Memorandum 07-09, item G. from the
Consent Agenda, regarding the Comprehensive Plan Community Advisory Committee. The City of
Homer has zoning powers, but it does not have planning or platting powers, those powers have
been delegated from the State of Alaska to the Kenai Peninsula Borough and were never delegated
to or requested by the City of Homer. The Borough should be awarding the contract for the
Comprehensive Plan Consultants and should be paying for it as well. He stated that as far as he can
tell the Mayor of the City of Homer has no authority to appoint an advisory committee to advise
any Planning Commission or abdicate the responsibilities of any Planning Commission. He advised
that AS 29.40.020(b)(1) states, in addition to the duties prescribed by Ordinance the Planning
Commission shall prepare and submit to the assembly a proposed Comprehensive Plan in
accordance with AS 29.40.030 for the systematic and organized development of the Borough; and
that (b)(2) states, review recommend and administer measures necessary to implement the
Comprehensive Plan, including a measure provided under AS 29.40.040. He inquired where in the
Homer Code does it say that the Mayor has the authority to appoint this Committee and decide
who shall be the Chairman of it. He reported speaking to a representative of Agnew::Beck who told
him that the City Planner had sought and received an okay from a legal authority for this
proceeding, noting that there is nothing in the packet and suggested that the Council check on that.
Mr. Griswold stated that this "committee" is unsworn and not subject to the conflict of interest
rules that apply to Boards and Commissions. He commented that members are encouraged to
advance their personal interests as well as those of the public, but that most will probably just
address their own personal interests. They have the exclusive right to write the draft plan subject to
the Planning Commission review, but after thirteen months of work and $86,000.00 in consulting
fees, it is not likely to get changed much. An Advisory Committee is not needed to advise the
Planning Commission to advise the Council to advise the Borough Planning Commission to advise
the Borough Assembly; that is getting ridiculous. He pointed out that: One member of this
Committee has only been in Homer three months. Another is a real estate agent who says on his
form that he wants to enhance opportunities, assuming that this includes his own. Another
represents private develop interests and is the Chairman of the Coalition to Build Homer. He voiced
his thought that this should be discussed and voted down. He thanked the Mayor and Council.
RECONSIDERATION
None scheduled.
CONSENT AGENDA
(Items listed below will be enacted by one motion. If separate discussion is desired on an item, that
item may be removed from the Consent Agenda and placed on the Regular Meeting Agenda at the
request of a Councilmember.)
A. Homer City Council unapproved meeting minutes of January 8, 2007 Regular Meeting. City
Clerk. Recommend approval.
B. Ordinance 07-04, Of the City Council Authorizing the Expenditure of Homer Accelerated Road Program (HARP) Funds for the South Douglas Place Reconstruction and Paving Assessment District Project. Deputy City Clerk. Recommend introduction and conduct Public hearing and Second Reading on February 12, 2007.
C. Ordinance 07-05, Of the City Council of Homer, Alaska Accepting and Appropriating
$4,940.00 from the State of Alaska Department of Corrections for Upgrades to the Homer Jail
Facility and Authorizing the City Manager to Execute the Appropriate Documents. City Manager.
Recommend Introduction and First Reading, conduct Public Hearing and Second Reading
February 12, 2007.
Memorandum 07-10, through City Manager as backup.
D. Resolution 07-19, Of the City Council of the City of Homer, Alaska, Authorizing the Formation
of the Ocean Drive Loop Peterson Addition Sewer Improvement/Assessment District. City Clerk.
Recommend adoption.
E. Resolution 07-20, Of the Homer City Council Authorizing the City Manager to Enter Into an
Agreement with the Kenai Peninsula Borough to Continue, Under the Existing Agreement, to
Provide Fire and Emergency Medical Services to Kachemak Emergency Service Area Until March
31, 2007, While the Parties Negotiate a New Agreement. City Manager. Recommend adoption.
F. Memorandum 07-08, from Mayor, Re: Appointments to the Global Warming Task Force:John
Calhoun, Thorey Munro, Alan Parks, John Lemons, Neil R. Wagner, Dan Lush, Daniel L. Boone,
Micheal Neece, Sydney Fell, Doug Stark, Clancy Hughes, Sue Mauger and Pete Wedin.
Recommend confirmation
Placed under New Business as Item B.
G. Substitute approved under Agenda Approval: Memorandum 07-09(S), from Mayor, Re: Appointment of a Comprehensive Plan Community Advisory Committee (CAC) and its members:Val McLay (Chair), Marianne Schlegelmilch, Michael McCarthy, Bob Howard, Barbara Seaman, Bill Smith, Anne Marie Holen, Christopher Story, Jim Henkleman, Tina Day, Allegra Bukojemsky and Hannah Rose Bradley . Recommend confirmation.
Placed under New Business as Item A.
Councilmembers Novak/Roberts requested that Item G. Memorandum 07-09(S), be placed under
New Business as Item A.
Councilmember Stark requested that Item F. Memorandum 07-08 be placed under New Business as Item B.
NOVAK/SHADLE - MOVED TO ADOPT THE CONSENT AGENDA AS READ. (with removal
of items. F and G to New Business.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VISITORS
A. Renewable Resource Coalition - Scott Brennan (10 minutes maximum)
Mayor Hornaday gave an introduction and Scott Brennan gave a presentation. Presentation remarks included the following:
Quote from our late Governor Jay Hammond: Alaskans should beware. Some economic growth can
be malignant. Unless development is environmentally sound, desired by a majority of Alaskans and
can pay its own way without burdening the state and the tax payer, I'll oppose it. The state is
already over populated economically. With the nation's highest unemployment rate its obvious that
there are too many people here for the jobs available. Unless new jobs go to Alaskans already here,
some kinds of growth will simply compound our problems, because, traditionally, for each new job
created three or four new job seekers flock up here to compete for them. When are we going to
learn that malignant development is not only environmentally polluted it can be economically
polluted as well. Pump it into the mainstream of our economy and it can quickly turn black ink to
red. In December 2004 Governor Hammond amended his initial recommendations regarding
resource development and added a fourth criteria. The question of the maximum benefit to the
people of Alaska, large resource development projects should only go forward if they indeed
provide the constitutionally required maximum benefit to all Alaskans. That point is particularly
relevant at a time when the oil and gas industry in Alaska purchases from the state a dollar of our
resources and pays us twenty cents for that dollar product. At the same time the hard rock mining
industry purchases a dollar of the state's resources for 7/10ths of one percent. When the hard rock
mining industry purchases a million dollars of minerals from the state in 2005, the state sells that for
seven thousand dollars.
Reasons business and political leaders, long time Alaskans and pro resource development individuals and organizations have taken a position against the proposed Pebble Mine. These institutions and individuals include: Anchorage Daily News, Alaska Independent Fishermen's Marketing Association, Alaska Intertribal Council, every tribal and village corporation entity on the Nushagak River and, according to Representative Carl Moses, all of Bristol Bay: Location. Bristol Bay drainages are home to a thriving economy and constitute a very powerful economic engine. In 2005 the Bristol Bay Commercial Fishing Industry contributed $320 million to the state economy. Approximately $100 million came from the Sport Fishing Industry in Bristol Bay. 6,300 full time equivalent jobs in Bristol Bay. The Renewable Resources Coalition Membership is primarily Commercial Fishermen and Seafood processors; Sport Fishing, lodges, guides and employees; and subsistence communities and tribal councils and individuals including a couple of village corporations out in Bristol Bay. All three categories of members are sending the same message. Herman Nelson, Tribal Council President in Koliginek, the furthest up river village on the Nushagak, asked that Mr. Brennan tell Homer Mayor and Council that his community has heard the message from the mining company and from the state. That they have weighed the pros and cons. While their community recognizes that there would be some short term economic benefits to people of the region and perhaps some significant short term economic benefits to Homer; Koliginek has weighed the trade offs and decided that they would stand united with the majority of people in Bristol Bay opposing this development.
Myths: 1) There is nothing to worry about if Bristol Bay were to become a major mining district with the proposed Pebble Mine at the leading edge. Alaska has a rigorous permitting process and no harm will come to the region's water, fish or people. Lance Trasky, for years the Alaska Department Fish and Game Habitat Regional Supervisor, testimony to the State Board of Fisheries late in 2006: "If mine permitting is allowed to proceed under current state and federal standards the very large scale mining of sulfide based cooper ore in the Nushagak and Kvichak River drainages will physically destroy thousands of acres of very high quality spawning and rearing habitat and over time will almost certainly degrade fisheries habitat and production in down stream portions of these drainages.
Mr. Brennan encouraged members of this Council and members of this community to consider the damage that has been done the State's protections of water quality and habitat in recent years and also to hear the voice of the vast majority of the people that live, work and play in Bristol Bay, right now. Although the benefits may be significant in the short term, it is not worth the long term risks.
2) The idea that the proposed Pebble Mine has not been defined or that there is nothing to oppose or that it is premature to take a position. Today, January 22, 2007 far more is known about the development of the Pebble Mine than about drilling on the North Slope or about the construction of the gas pipeline. In late 2006, Northern Dynasty submitted well over nineteen hundred pages of mine plan and permit applications to the Department of Natural Resources.
3) That Tailings Dams at large mines do not fail and do not pose a significant risk. Tailings impoundments may impact the environment through leaching of acids and heavy metals into water supplies and through dust blowing off them. When the dams break the impacts are disastrous for humans and the natural environment.
Mr. Brennan commented on the risks and the reality of the risks by quoting Northern Dynasty: Unexpected environmental damage from spills, accidents and severe acts of nature such as earthquakes are risks, which may not be fully insurable and if catastrophic could mean the total loss of share holder equity.
He thanked the Council for the opportunity to speak and to convey the concerns of some of the
members of the Renewable Resources Coalition. He encouraged the Council to communicate
directly with the communities in the effected area and to align their position on this proposed
development with those people who live, work and play in Bristol Bay and who will be most
effected by this development if it were to go forward.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION
REPORTS
A. To Mayor, Correspondence from US Senate President Pro Tempore Stevens with attached letter
from the US Coast Guard Commander Re: Mooring Cutters Hickory and Roanoke Island in
Homer.
B. Mayoral Proclamation, Asaiah Bates Day February 14, 2007. Mayor Hornaday read the Proclamation into the Record:
WHEREAS, Asaiah Bates served on the Homer City Council from 01/08/73 to 12/08/75; and
WHEREAS, He took up the cause of many who were unable to do so or who lacked the knowledge or were shy of the processes and procedures thereof; and
WHEREAS, He demonstrated time and again his selflessness and concern for others through contributions, volunteerism and monetary donations and moral support to the Community and Community members; and
WHEREAS, He was dedicated to assisting, developing and/or supporting children's programs and scholarships; and
WHEREAS, His faithful presence at Council meetings and well received input were a continual refreshment to the Council; and
WHEREAS, Because of his deep love for everyone and everything Mayor Jack Cushing proclaimed February 14, 2000, as Asaiah Bates Day and encouraged everyone to recognize February 14th not only as Valentine's Day, but as Asaiah Bates Day.
NOW, THEREFORE, I, James C. Hornaday, Mayor do hereby proclaim the day of February 14, 2007, as; BROTHER ASAIAH BATES DAY in the City of Homer, Alaska and encourage all Citizens to take time to remember this great Icon of Homer.
PUBLIC HEARING(S)
A. Ordinance 06-68, Of the City Council Amending Homer City Code Title 1, General Provisions,
I. General, by Adding a New Chapter 1.18, Code of Ethics, and that Section 9. Code of Ethics, of
the Council's Operating Manual, Shall be Replaced with the Codified Version. Shadle. (First
Reading and Introduction November 27, 2006 - tabled to January 8, 2007, Public Hearing
January 22, 2007, Second Reading February 12, 2007. )
A.1. Ordinance 06-68(S), Of the City Council Amending Homer City Code Title 1, General
Provisions, I. General, by Adding a New Chapter 1.18, Code of Ethics; Repealing Section 1.24.090
and Reenacting it as Part of 1.18; and that Section 9. Code of Ethics, of the Council's Operating
Manual Shall be Replaced with the Codified Version. (Follows same schedule as list above with
Ordinance 06-68.)
Frank Griswold, City resident, there are four really good reasons for having the requirement that
public officials make a financial disclosure, page 22 of the packet: 1. to discourage public officials
from acting upon a private or business interest in the performance of a public duty; 2. to assure that
public officials in the official acts are free (Mr. Griswold said "from" instead of "of the") of the
influence of undisclosed private or business interests; 3. to develop public confidence in persons
seeking or holding public office, enhance the dignity of the offices and make them attractive to
citizens who are motivated to public service; and 4. to develop accountability in government by
permitting public access to information necessary to judge the credentials and performance of those
who seek and hold public office. Currently all Municipal Officers are exempt from the provisions of
AS 39.50 and that's because back in the 70s this went to a public vote and there were around 175
who voted in favor to 150 not in favor. He expressed his thought that it is high time to have another
vote to see if the public wants to have their public officials make this declaration, adding that the
easiest way would be if this Council would put this on the ballot. He stated that he does not see any
mandatory penalty for an offense and that it seems like it is fairly arbitrary, that it is up to the
Council to decide if a violation is damaging or harmful to the public. Anything in here would be
deemed to be harmful to the public. Even if something relatively minor, such as a public official
using a City vehicle to pick up his spouse at the airport, and is convicted, there should be some
mandatory penalty at least as much as a parking ticket. A twenty five dollar sting would probably
make that person and other people aware of the Code. He thanked the Mayor and Council.
Bill Smith greeted the Mayor and Council with, "Good evening". He advised that he is a Homer
citizen. He testified on the substitute regarding advisory opinions on line 206 that Item b should be
prefaced upon Council approval that such opinion shall be binding on the City. He stated that he
does not think that a simple Attorney Opinion should be accepted as a policy for the Council with
out the Council review and acceptance, and then of course that paragraph needs to be further
amended to reflect that way of doing business. For the prescribed penalties on page 224, he
recommended that it specifically say that the Council may order restitution for City expenses. He
stated that he would also like to see some additional remedy where the Council may prescribe a
penalty under a. on line 228, which is removal from office if a convicted person does not comply
with the Council imposed restrictions or penalties. He thanked the Mayor and Council.
B. Ordinance 07-01(A), Of the City Council of Homer, Alaska Amending Homer City Code
Section 1.74.040, Duties and Responsibilities of the Parks and Recreation Advisory Commission to
Reflect the Addition of Public Beaches. City Manager. Parks and Recreation Commission. (First
Reading January 8, 2007, Public Hearing and Second Reading January 22, 2007.)
There was no public testimony.
NOVAK/SHADLE - MOVED TO ADOPT ORDINANCE 07-01(A) BY READING OF TITLE.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Ordinance 07-03, Of the City Council Accepting Ownership of Property Conveyed by the
University of Alaska, Consisting of Two Parcels Identified by the Kenai Peninsula Borough Parcel
Numbers 173-022-01 and 173-032-29 and Designating the Use as Public Purpose for Park
Land.City Manager. (First Reading January 8, 2007, Public Hearing and Second Reading
January 22, 2007.)
Memorandum 07-11, from City Manager, Re: Backup Information.
Tina Day, Executive Director of the Chamber of Commerce, on behalf of the Chamber of
Commerce relayed support of this Ordinance, which if approved would allow the Nordic Ski Club
to continue and to be the managing entity of the ski trails. This would provide both legal and
sustainable access to these pristine trails. About 45% of the Chamber visitor inquiries are regarding
where to ski in Homer, about six to eight thousand visitors, annually, visit the hiking trails in this
area. The trails are promoted in the annual one hundred and twenty five thousand visitor guides.
The Chamber of Commerce and the Nordic Ski Club would like to enhance the partnership
opportunities that this could create for both residents and visitors in Homer. She emphasized that
the Chamber of Commerce supports the Ordinance and the partnership with Kachemak Nordic Ski
Club. She thanked the Mayor and Council.
Barb Seamen, Executive Director of Kachemak Heritage Land Trust, made herself available to
answer questions regarding the acquisition process and what they are doing. She noted that there
were two hundred kids on that ski trail last weekend. She urged the Council to accept this property.
Roberta Highland, City resident, thanked the Mayor and Council for allowing Scott Brennan to
speak this afternoon and this evening. She expressed strong support for Ordinance 07-03, that she
is so hopeful and excited that the Council will vote to accept the UA land as park land. What a
wonderful gift for future generations and wildlife. She advised that this has been on her dream list
for quite a few years. It protects important wetlands and Diamond Creek from future development.
It is imperative to save open space in the fast developing area. The Nordic Ski Club has a long
history of doing a great job of grooming ski trails, adding so much to the winter quality of life, this
year being fabulous with the snow. Open space and trails are a necessity as the area grows for
quality of life. She thanked the Mayor and Council and encouraged them to vote yes.
David Brann stated that he is a member and resident of the City of Homer and a member of the
Kachemak Nordic Ski Club, a group that varies in number from two hundred to five hundred. He
expressed whole hearted support, that he likens this parcel to the field of dreams, that there is
already someone to take care of it and that this is a good deal all the way around. He relayed his
history of involvement with this property for twenty five years. This is one of the first ski trails in
the Baycrest trail system and easy to develop because of the terrain. He shared his dream to figure
out a way to get this into public property. He advised of the history of the use of this property from
UA that was year to year. There is a huge potential for growth of trails on this property other than
just being in the muskegs areas. If the City desires there could be growth in summer trails, winter
trails, multi use trails and so on. Right now the main use is winter ski trails, a heavy use. He offered
to give any and all of the City Councilmembers, the Mayor and City Manager a guided tour of
existing trails and point out penciled trails, and that they can go on snow shoes, skis or grooming
equipment. Councilmember Shadle indicated his desire for a guided tour. Mr. Brann stated that he
is one of two or three people that probably know more about that property than anyone else and
emphasized the value of this property. In response to Council inquiry he advised that the Ski Club
has insurance that is about $1,500.00 per year with about four or five people a part of the basic
policy, and add ons are $3.00 per add on, which includes private property owners, the borough and
the state. He further responded and advised that lawsuits for recreational purposes is extremely
rare, that their insurance provider stated that they never get sued. Commercial activities and things
of that nature are not covered. This property is very flat and potential for injury slim.
Lois Bettini, resident of Diamond Ridge Area and Middle School Ski Coach with Katy Bursch,
testified that she was one of those out there with the two hundred kids on Friday's meet. She noted
that this area is really important for habitat, for recreation, for open space and the preservation
thereof. She encouraged Council's support. She offered Councilmember Shadle ski lessons,
however, Councilmember Shadle assured her that he can ski.
Doug Schwiesow, borough resident on Diamond Ridge Road and active Boardmember of the
Kachemak Nordic Ski Club, testified that they all feel that this Ordinance 07-03 is a win/win
situation, urged Council's support and expressed hope that it gets passed. He thanked the Mayor
and Council.
STARK/NOVAK - I SO MOVE FOR THE ADOPTION OF ORDINANCE 07-03 FOR
SECOND AND FINAL READING BY READING OF TITLE ONLY.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
ORDINANCE(S)
None scheduled.
CITY MANAGER'S REPORT
A. City Manager's Report (Updates/Follow Up: 1. Port and Harbor Lease Notes - RFP for lease
proposals on Lots 9, 10, 12C and 13B should be out for public review this week. The Lease
Committee will be reviewing the Lease Policies and making recommendations to the Council about
potential amendments at one of the February meetings. Recommendations will focus on making
leasing City land more attractive. 2. Kachemak Emergency Services Area (KESA) Contract
negotiations, see Consent Agenda Item E. Resolution 07-20, Of the Homer City Council
Authorizing the City Manager to Enter Into an Agreement with the Kenai Peninsula Borough to
Continue, Under the Existing Agreement, to Provide Fire and Emergency Medical Services to
Kachemak Emergency Service Area Until March 31, 2007, While the Parties Negotiate a New
Agreement. 3. Intergovernmental Governmental Agreement with Kachemak City, outstanding
issues remain to be resolved. 4. Disposition of Old Public Library Building. 5. Acquisition of the 10
Acres above Karen Hornaday Hillside City Park, work continues on this issue. 6. Baycrest Ski
Trails, See Public Hearing Item C. Ordinance 07-03, Of the City Council Accepting Ownership of
Property Conveyed by the University of Alaska, Consisting of Two Parcels Identified by the Kenai
Peninsula Borough Parcel Numbers 173-022-01 and 173-032-29 and Designating the Use as Public
Purpose for Park Land and Memorandum 07-11, from City Manager, MOU with Kachemak Nordic
Ski Club being worked on. 7. Exxon Valdez Oil Spill (EVOS) Trustee Council Projects/Funding.
The EVOS Council recently contact the City regarding projects that protect water quality and
water bodies impacted by the oil spill including Kachemak Bay. Public Works Director Meyer and
Port and Harbor Director Dean are working with DEC to identify projects. Some suggestions are a
travel lift and associated facilities so that the wood grid can be eliminated thereby reduce the
potential for pollution in the harbor. 8. Tsunami Warning. City staff on the alert at the last incident
and were monitoring closely. The Emergency Operations Plan (EOP) procedures were followed.
January Employee Anniversaries: John Bacher PH 19 years, Randy Rosencrans HPD 18 years, Wes
Cannon PH 12 Years, Ken Frazier PWD 11 years, Chuck Thorsrud HPD 8 years, Richard Gibson
PWD 7 Years, Mark Kruzick HPD 6 years, Jolee Ellis Library 5 years, Stacy Luck HPD 5 years, Jo
Johnson Clerks 3 years and Regina Harville Finance 1 year. Library Project - end of project report.
City Manager responses to Council and Council comments: USCG issues with Pioneer Dock that the City will continue to work on the issues with USCG. He advised that there is an appointment to see the Admiral's staff on Wednesday. The USCG appear interested in the idea of moving the two ships into the expanded harbor. USCG is not happy with the situation at Pioneer Dock especially when the wind blows from certain directions and causes the USCG do to more dredging than they would like. Some of the adaptations on the dock have not worked as well as the engineers had indicated. He expressed his opinion that the letter from the USCG was very positive.
Regarding the "No Wake Fee" and City boundary, he advised that the Port and Harbor Director has been working with some of the Charter Boat Operators to find a way to slow them down a little bit. Also looking at expanding the boundaries and that the preference is to do this with some other boundary changes that the Council has discussed in the past.
Tsunami Warning Sirens on the Spit are being worked on. The Borough has ordered some new ones that were supposed to have been installed quite some time ago. With the change in Borough Administration there were some problems with the contract, which caused delays. He will get the information on the new date for the installation of the sirens and will place a memo in the Mayor and Council boxes.
Halibut Season starts March 10th, would be good to get leases on the Spit done by that time. It would be possible to get recommendations to the Council by March 10th. Not sure how many Committees/Commissions to run this through. Recommendations are about the lease negotiating process. He stated that he could bring those changes straight to the Council if that is their preference, adding that this would coincide better with the RFP process.
Disposition of Old Public Library Building on Pioneer Avenue. If used by the Planning Department some modifications would have to be made. The Council will need to decide whether or not to make modification expenditures on the Old Public Library Building, whether or not to sell or lease or use. The building has been looked at by the Planning Department, Fire Chief and Public Works to ascertain what it might take to have the Planning Department, and other associated City personnel, in there for, perhaps, up to three years. City Manager will bring cost information back to the Council, including heating, sprinkler system, any partition, if any plumbing or wiring, a new copy machine and etcetera. The City is not obligated to use the any proceeds from the old library for the new library, but the Council had indicated that this was their preference, at the time of considering selling the old library building, to pay down the loan, $2.4 million. The Planning Department needs more room, now. Having the Planning Department in a closet handicaps the whole community in terms of growth. The building is a City asset, hopefully the economy will continue to grow and the asset will continue to appreciate. When there is a new City Hall the Council could lease or sell the building at that time. The interest rate on the library loans are a little over 4%, two loans and two interest rates. Council needs to consider the best use of the City's money.
New City Hall, may be on the Ballot for bonding. It would be good to show the public that the City has additional money toward a new City Hall. The $2 million from the state will sunset and is available right now and should be spent soon. The next step is a formal cite selection process. The Economic Anchor, previously discussed for the Town Center, may or may not be there. There are some new developments - CIRI has now acquired a piece of property they did not have before., there is new information about wetlands with regard to where one can and cannot build. After the cite selection the building and plaza can then be discussed and this would probably be the first use of the state granted money.
EVOS Trustee Council money and projects. Port and Harbor and Public Works Directors came up
with projects that were either recommended in the Water and Sewer Master Plan or in one of the
Harbor Plans. A range of projects and needs were reviewed and projects selected that met the
Trustee Council criteria. It's tricky and a moving target. The Trustee Council does not want to fund
projects that cities have to do or are required to do by law and should do with their own tax dollars.
They want to pay for projects that go above and beyond that, which is all well and good, but they
don't have to maintain those projects. Projects are being evaluated for maintenance as well. The
Travel Lift could improve water quality in the harbor, it is something that DEC has been on the City
about, for awhile, in relation to the use of the wood grid and this could be an economic engine as
well that could, maybe, pay for itself and not saddle the tax payers with a big burden. The sewer
plant improvements will help to increase capacity, an economic benefit, and would get rid of
occasional mixing zone, for which the City is permitted.
B. Question of the Week
COMMITTEE REPORT
A. Public Arts Committee (Next Meeting scheduled for Thursday, February 15, 2007 at 11 a.m. in
the City Hall Cowles Council Chambers.)
B. Transportation Advisory Committee. (Next Meeting scheduled for Tuesday, February 20, 2007
at 5:30 p.m. in the City Hall Cowles Council Chambers.)
There were no comments.
PENDING BUSINESS
None scheduled.
NEW BUSINESS
A. Consent Agenda Item G. Memorandum 07-09(S), from Mayor, Re: Appointment of a
Comprehensive Plan Community Advisory Committee (CAC) and its members: Val McLay (Chair),
Marianne Schlegelmilch, Michael McCarthy, Bob Howard, Barbara Seaman, Bill Smith, Anne
Marie Holen, Christopher Story, Jim Henkleman, Tina Day, Allegra Bukojemsky and Hannah Rose
Bradley . Recommend confirmation.
NOVAK/SHADLE - MOVED TO APPROVE THE RECOMMENDATION OF
MEMORANDUM 07-09(S).
There was no discussion.
NOVAK/ROBERTS - I WOULD MOVED TO HAVE A PUBLIC MEETING ON JANUARY 29
FOR THE COMPREHENSIVE PLAN WITH THE CONSULTANTS.
City Manager Wrede responded to Council questions and concerns that staff did a little bit of
checking on this today in anticipation of Mr. Griswold's comments: Planning Power has been
granted by the Borough to the City, from the Borough's perspective the City clearly has the power
and the authority to write its own Comprehensive Plan. The Borough has to be involved at the end,
approving the Comprehensive Plan. This idea, this committee was recommended by the
Consultants. The Consultants have a lot of experience doing Comprehensive Plans. This process
has worked really well for them in the past. The City made a commitment that it really wanted to
reach out to the broader community and get out of the normal channels, wanting to get as many
people involved and commenting on the Comprehensive Plan as possible. The idea was to get
Community buy in on the Plan, so it would not be another thing that would sit on the shelf and half
the town would not know or care what was there. This is not an end run around the Planning
Commission, the Commission is going to have to be involved at some point, having this Committee
takes a big load off of the Commission and will hopefully bring some different perspective. Even
though this group is not sworn they are still subject to some of the provisions that are in the
Council's Operating Manual and will be expected to conduct themselves on an impartial way and to
avoid conflicts of interest. He noted that he did not know about the make up of the Committee, nor
about motivations, but certainly the Mayor has the power to appoint a Committee like this and
there is nothing out of the ordinary in doing this.
The Mayor was commended for the appointments, that this is an extremely well rounded, very wide
range and a diverse assortment of people. The Chair had been contacted by a Councilmember and
expressed satisfaction with the appointments.
The Council withdrew the motion that would delay the confirmation of appointments.
VOTE:(main motion) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Consent Agenda Item F. Memorandum 07-08, from Mayor, Re: Appointments to the Global
Warming Task Force: John Calhoun, Thorey Munro, Alan Parks, John Lemons, Neil R. Wagner,
Dan Lush, Daniel L. Boone, Michael Neece, Sydney Fell, Doug Stark, Clancy Hughes, Sue Mauger
and Pete Wedin. Recommend confirmation
STARK/SHADLE/NOVAK - I MOVE THE RECOMMENDATIONS OF MEMORANDUM
07-08 AS AMENDED BY THE LAY DOWN PACKET.
This Memorandum was pulled from the Consent Agenda in error.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
RESOLUTIONS
None scheduled.
COMMENTS OF THE AUDIENCE
Audience comments upon any matter.
Bob Howard, EDC Chair and Director on the Alaska Charter Association Board, greeted the
Mayor and Council with, "Good evening". He advised the Mayor and Council that he is addressing
them as a resident of Homer. He thanked the Mayor for appointing him to the Comprehensive Plan
Community Advisory Committee and that he looks forward to adding value to that forum. He
reported that the International Pacific Halibut Commission (IPHC) took an unprecedented action
last Friday in Victoria, B.C. Canada, making a domestic allocation decision that will have an
economic impact on this community and all of Homer's sister coast communities that rely, in part,
on a guided charter halibut fishery. The IPHC reduced the recreational halibut charter fisherman's
daily bag limit that has historically been two fish, to one fish per day between June 15 and 30 for
South Central Alaska or about 15% of the season. In South East Alaska it will apply from June 15
to July 31st about 40% of their season. It is anticipated that this will have an adverse impact on the
number of people coming into these communities to enjoy halibut fishing. This action becomes
effective with the approval of the Secretaries of Commerce and State at the Federal Level, within
the next 30 days. The IPHC action will have an adverse impact on this community, reducing the
amount of money that flows to this community. Community members can write to several offices in
Washington D.C. expressing these concerns and asking for the Secretaries of Commerce and State
to intercede. He gave the City Clerk a stack of addresses that interested parties can use to write as
well as a background article that was in the Anchorage News on Sunday. He thanked the Mayor
and Council for their time and consideration.
Bob Shavelson, resident of the City of Homer and Executive Director of the Cook Inlet Keeper,
thanked the Mayor and Council for the action they took on Ordinance 07-03. He commented on the
project that he had appealed on Bishop's Beach about two and one half years ago and that this
continues to sit without any resolution. He expressed his hope that the City can resolve that issue
with that development. Regarding the EVOS Trustee Council and proposed City projects, he asked
the Mayor, Council and City to recognize that this EVOS funding comes from the corpus of the
trust that was originally meant to fund the Gulf Eco System Monitoring Program, a scientific
program that would use the interest from that corpus in perpetuity to better understand the fisheries
and water quality issues in the Gulf of Alaska, Cook Inlet and Prince William Sound. According to
Mr. Shavelson, the Murkowski Administration made a concerted effort to get rid of that for no
other reason than not liking the science program and there was a lot of heated discussions about
that. He likened this to a sugar pill that is being distributed to the communities around the spill
effected area with these wonderful opportunities to fund these projects. He commended the Public
Works Director and Port and Harbor Director for their work, adding that he strongly supports
these projects, but does not support doing away with funding in perpetuity for marine research. He
expressed his hope that the Mayor, Council and City Manager can communicate to the Trustees
Council and State Government that the research should continue indefinitely in the future. He
clarified for the Mayor that this money is not the settlement money.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans was not present.
COMMENTS OF THE CITY CLERK
City Clerk Calhoun had no comment.
COMMENTS OF THE CITY MANAGER
City Manager Wrede had no comment.
COMMENTS OF THE MAYOR
Mayor Hornaday reported that he is going to be gone for about a month. He, Councilmember Stark
and the City Manager are going to Juneau for the AML meetings this week. After that he is going
on vacation and Mayor Pro Tempore Novak will be in charge. He expressed his hope that Homer
would have a good representation at the Inaugural Ball in Kenai.
COMMENTS OF THE CITY COUNCIL
Councilmember Heimbuch, Birthday Boy, had no comment.
Mayor Pro Tempore Novak wished Councilmember Heimbuch a Happy Birthday. With regard to
Bob Howard's comments, Mr. Novak stated that the actions of the North Pacific Halibut
Commission are serious actions that effect the economy of this community. Whatever can be done
as a City and individually is important. Homer depends on this strong summer economy.
Councilmember Shadle also addressed Bob Howard's comments and added some information about
the meeting in Victoria B. C. Not only is the bag limit reduced for Homer for a two week prime
time period, but they also took fish from out of 3B and 4A, which a lot of boats in Homer fish, and
gave these to South East and Canada. The IPHC (International Pacific Halibut Commission)
Biologists came out with a recommendation, back in December, based on the theory that they used
a model to come up with the total allowable catch in these areas. The Board literally took fish out
of some areas and put it back into Canada and the Southeast. Even though those two areas have
taken a hit, it was not as drastic a hit as it should have.
Councilmember Stark mentioned that he will be at the Governor's Inaugural Ball including the
Opening Reception, in Kenai on the third of February. He stated that he particularly wanted to be at
the meeting tonight to wish Councilmember Heimbuch a Happy Birthday.
Councilmember Roberts wished Councilmember Heimbuch a Happy Birthday and thanked the
citizens of Homer who volunteered for the Comprehensive Plan Community Advisory Committee
and the Global Warming Task Force, adding that without people volunteering people would not be
able to do all the things that they can in Homer. She thanked all the volunteers for giving their time.
Mayor Hornaday thanked Councilmember Roberts for stirring up some interest among the young people.
ADJOURNMENT
There being no further business to come before the Council, Mayor Hornaday adjourned the
meeting at 8:28 p.m. The next Regular Meeting is scheduled for Monday, February 12, 2007 at 7
p.m. and the next Committee of the Whole is scheduled for February 12, 2007 at 4 p.m. All
meetings scheduled to be held in the Homer City Hall Cowles Council Chambers located at 491 E.
Pioneer Avenue, Homer, Alaska.
_____________________________________
MARY L. CALHOUN, CMC, CITY CLERK
Approved: ___________________________