Session 07-16 a Regular Meeting
of the Homer City Council was called to order on
PRESENT: COUNCILMEMBERS: HEIMBUCH, NOVAK, ROBERTS, SHADLE, STARK, WYTHE
STAFF:
Department Heads may be called upon from time to time to participate via teleconference.
Council met as a Committee of the
Whole from 4:
AGENDA APPROVAL
(Addition of items to or removing
items from the agenda will be by unanimous consent of the Council.
Approved by consensus of the City Council with the following changes:
Public Hearings: Backup to Ordinance 07-18(S), Ordinances: Ordinance 07-28 written testimony, Pending Business: Memorandum 07-116 written testimony, and New Business: Memorandum 07-110 addendum.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Public may comment on any matter
on the agenda except: Ordinance 07-18, Sales Tax Dedication Propositions
for the Funding of Recreation Activity and Operating Reserves, Ordinance 07-18(S), Sales Tax
Proposition for Dedicated Funding Capital Improvements of Non-Profit
Organization Recreation Facilities and for
Funding City Operating and Depreciation Reserve Accounts and 2008
Budget Priorities.
Barbara Howard,
city resident, thanked Council for their support of Resolution 07-75.
Bryan Zak, Homer resident
and Planning Commissioner, is happy to serve on the commission as it is a great
team. He commended Council for taking a hard look at the appointments. There is
no need to attack other people; the Council needs to be fair and considerate.
Gary Thomas, city
resident, thanked Council for their volunteer efforts. Resolution 07-75
contains items fundamental to the beliefs that echo citizenry of the South Peninsula
Hospital (
Bruce Hess, city
resident and Planning Commissioner, supports the Mayor’s recommendations for
appointments to the Planning Commission and urged Council to approve them. He
looks forward to getting to know Barbara Howard and finds it a pleasure working
with Mr. Kranich, who has a vast history of Homer. Lane Chesley’s tenure and
knowledge of City Code is important and there is not a smarter or more
dedicated member with the City’s best interests at heart. A negative vote on
Mr. Chesley’s reappointment would be a slap in the face to the entire community
members who volunteer their service. Mr. Hess commented on Resolution 07-78,
stating it is time to look at the process. If lots within a proposed LID have a
mechanism for water and sewer there should be a means to opt out of an LID if
the present water/sewer systems are not adversely affecting public health and
welfare. Property owners could provide documentation that the present systems meet
current DEC standards and then automatically be counted in support of the LID.
The present LID process allows property owners adversely affecting public
health to prevent expansion of city sewer and water. There should be consideration
of whether continued ground water infusion has adverse effects on the LID area,
especially in sensitive areas along the bluff.
Patty Brennan,
city resident, supports Resolution 07-75, stating it is important for the community.
Local residents should maintain local control and have a full service hospital
with family and friends among them when recovering. Loss of local control will make
a negative impact.
Ray Kranich, city
resident and Planning Commission Chair, thanked Council for their support of
Resolution 07-75 and urged them to stay on top of it and if necessary form a
local petition for the KPB Assembly to consider. He opposes Ordinance 07-28.
Use of local beaches has had a tremendous increase. For problems and conflicts
we have a police department that can control beaches with their 4 and 6-wheelers,
putting their presence in place. If you ask how many miles are on the ATV’s for
patrol, it would be small. Private property should be looked at. Every piece of
property fronting the Homer beach that was surveyed prior to 1964 owns a
significant amount of property on the beach. It makes it a private property
owner problem that the City should not police. Enforcement is needed by the
police instead of penalizing the 99.9% of the people that live and vacation
here for the 1% of those that are being butt holes.
Scott Adams,
Homer resident, commented on Ordinance 07-28, stating he visited Homer’s campgrounds
last week. He stopped at each one and found a pamphlet that gave rules of quiet
times. There was no mention of 4-wheelers; a map should be included at the campgrounds
to show locations where people can ride. Bishop’s Beach could be closed off
with a detour fence. Over the last two weekends he saw two 4-wheelers. We need
someone to check ATV’s on beaches so police can go to the right person. He
requested big signs instead of the little pamphlet no one reads. He urged
Council to leave an area for 4-wheelers and residents that use the beach.
Kevin Hogan,
Homer resident, favors reappointment of Ray Kranich for the Planning Commission
as he is a great institute, a hard worker and has lots of integrity. In respect
to Memorandum 07-111 he would like to see Parks and Recreation added as a
division. He opposes Ordinance 07-28 as there are enough rules and regulations.
As to Ordinance 07-27, much energy has been devoted to the subject and the topic
of
David Brann, city
resident, was on the Beach Policy Task Force in 2001. He supports protecting
the beaches in critical areas and opposes banning ATV’s and vehicles from all
city beaches, especially from Bishop’s Beach to the west of the city limits. Problem
areas need to be identified. A blanket ban will not solve the problems. ATV
users at
Jerry Edwards
lives on
Rika Moew, city
resident, supports the Planning Commission reappointments of Ray Kranich and
Lane Chesley. They are willing to do what is right for the benefit of Homer, regardless
of taking a different position than City Council or the City Manager. Mr.
Chesley previously submitted his resignation to the Planning Commission due to
his absences, and was unanimously asked to remain on the commission. Mr.
Kranich understands the viewpoint of others and refrains from the political
aspect. Experience and integrity do matter. Mrs. Moew supports Ordinance 07-28
and applauded Mayor Hornaday for bringing it up again. With a permit system it
would be easy to monitor, as each time the permit holder used the beach they
could call in and identify their vehicle and where they were going. It would be
simple for everyone, both users and administration.
Phillip Gordon, city
resident, spoke on Ordinance 07-28. He drives on the beach and has noticed the
increase of traffic in the last five years. He applauded Council for taking
control before it becomes a highway. The ordinance does not address Homer’s
needs and is similar to the jet ski issue. He supports no motorized vehicles
east of Bishops’ Beach with permitted use west of Bishop’s Beach.
Robert Archibald,
city resident, thanked Council for helping the land trust and those that worked
hard to acquire university lands for the park. As to Ordinance 07-28 there are
no consequences for the violators. He was on a horse not long ago and a young
fellow was trying to see how long he could keep up on 2 wheels, with no
consideration or concept for other people. There are no noise restrictions and no
laws for the age of users. A consensus on the issues is needed and he would
like to see ATVs prohibited on the Spit and provisions on the east and west so
everyone can enjoy the area.
RECONSIDERATION
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
B. Resolution 07-75 Of the City Council of Homer, Alaska Respectfully Requesting that the Kenai Peninsula Borough Consult with and Include the South Peninsula Hospital Service Board in a Meaningful and Constructive Way as it Conducts its Negotiations on a New Hospital Operating Agreement. Mayor, City Council. Recommend adoption.
Moved
to Resolutions.
C. Resolution 07-76 Of the Homer City Council Expressing Its Continued Strong Support for the Homer Deep Water Dock Construction Phase II Project and Its Intent to Place a Bond Proposition in the Amount of Two Million Dollars on the October 2008 Regular Election Ballot Instead of the October 2007 Regular Election Ballot as Authorized by Resolution 06-63. City Manager. Recommend adoption.
D. Resolution
07-77, Of the City Council of Homer, Alaska Approving and Accepting the
Renewal of the FY 2007 Jail Service Contract with the State of Alaska, in the
Amount of $416,244.00 and Authorizing the City Manager to Execute the
Appropriate Documents. City Manager. Recommend adoption.
E. Resolution
07-78, Of the City Council of Homer,
F. Resolution
07-79, Of the City Council of Homer,
G. Resolution 07-80, Of the City Council of Homer, Alaska Awarding the Contract for the Spurceview/Noview Road Project Phase II to the Firm of Twin Peaks Construction, Inc. of Anchor Point, Alaska in the Amount of $581,457.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk. Recommend adoption.
Memorandum 07-119, from Public Works Director as backup.
H. Memorandum
07-112, From Personnel/Airport Terminal Manager, Re: FedEx Lease. Recommend
approval.
I. Memorandum
07-113, From Mayor, Re: Appointment of John Velsko to the Transportation
Advisory Committee. Recommend confirmation.
J. Memorandum 07-117 From Personnel/Airport Terminal Manager Re: Airport Terminal Concession Lease with Jim Craddock/K Bay Vending. Recommend Approval.
Mayor Hornaday called for a motion for the adoption and/or approval of the recommendations of the consent agenda as read.
SHADLE/NOVAK - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VISITORS
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION
REPORTS
A. Proclamation Acknowledging the 25th Anniversary
for the Center for Alaskan Coastal Studies.
B. Proclamation Honoring Toby
C. Proclamation Acknowledging
D. Memorandum 07-118 from Councilmember Roberts Re: ICLEI Conference Report
E. Parks and Recreation Commission Spring 2007 Park and Beach Report
F.
Letter from Senator Murkowski Re: Resolution 07-49 Supporting the Presence of a
Year-Round Assist Tug in
G. Thank You Card from Hospice of Homer
Parks and Recreation
Commissioners Bremicker and Stewart reported on the Commission’s
recommendations on Ordinance 07-28 that education, signage and enforcement were
needed.
PUBLIC HEARING(S)
A. Ordinance 07-18,
An Ordinance of the Homer City Council Placing on the October 2,
2007 General
Municipal Election Ballot Sales Tax Dedication Propositions for the Funding of Recreation Activity in the
Homer Area and Operating Reserves of the City. Heimbuch.
(First
Ordinance 07-18(S), Of
the Homer City Council Placing on the
Bumppo Bremicker appeared to give a report on the Parks and Recreation Commission.
STARK/ROBERTS – MOVED TO GO BACK
TO THE PARKS
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Mayor Hornaday called for a
recess at
Robert Archibald, city resident, supports the ordinances as there are lots of things going on with various groups.
Lou Stewart, Parks and Recreation Commission Chair, expressed difficulty understanding the wording. He urged Council to recognize the need for funding for Parks and Recreation activities.
Mayor Hornaday called for a motion for the adoption of Substitute Ordinance 07-18(S) for second and final reading by reading of title only.
SHADLE/WYTHE – SO MOVED.
Councilmember Heimbuch explained the purpose of Ordinance 07-18(S) is to dedicate a portion of funds for the parks and recreation to take advantage of the growing wealth of matching funds for infrastructure. The language is meant for other entities to give us an idea what they can do with our money and all constraints that fall on activities. It will establish dedication of funds for a clear path for future City Councils. Homer can establish serious infrastructure for recreation for all. Although taxation makes some people uncomfortable, voters were clear when voting to provide for community schools.
WYTHE/HEIMBUCH – MOVED TO SUBSTITUTE ORDINANCE 07-18(S).
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
WYTHE/ROBERTS – MOVED FOR THE SUBSTITUTION OF LINES 147 THROUGH 160 WITH THE DOCUMENT AS PROVIDED. REPLACE THE QUESTION WITH THE QUESTION:
Shall the City of Homer sales tax rate be set at 3.5% from October through March and 5.5% from April through September, with up to 75% of the increased revenue anticipated from the adjustment (not to exceed $300,000 per budget year) being dedicated to a fund for the purpose of extending grants to support capital improvements of non-profit facilities beneficial to the Homer community through entities to be selected by the City Council, subject to City Council authority to appropriate and expend such revenue for general governmental purposes upon a finding of need in years when there is a budget deficit; and with the remaining 25% being allocated, in the discretion of the City Council, to fund the City of Homer’s depreciation and operating reserves in accordance with generally accepted municipal government accounting standards:
A yes vote will result in the sales tax rates varying from 3.5% during the winter months, to 5.5% in the summer months and 75% (or $300,000, whichever is less) of the anticipated additional revenues being available, as finances allow, to fund a grant program for qualified non-profit organizations seeking assistance in raising funds for capital improvement projects which benefit the community of Homer.
A no vote will result in the sales tax remaining at the current rate of 4.5%.
If this amendment to the sales tax is approved, the Council will begin to take the steps required to further define a “qualified non-profit organization” and how the grant program will be administered.
Councilmember Heimbuch asked if
the dedication of funds could be
bypassed if funds were needed in the budget.
City Attorney Tans
explained the text of the ballot proposition calls for a dedication to a fund to
support grants for improvements of non profit facilities. The money will be
dedicated to the fund. Secondly, this will authorize the City Council to make a
finding by motion or resolution of need in years when there is a budget
deficit. Council would need to firmly state there is a need in case of a budget
deficit. That would authorize City Council to expend revenue from the dedicated
funds for general government purposes.
In the event of a
shortfall, a budget deficit would be apparent prior to the budget process. In
the event of a substantial loss in revenues Council would have the option of
not allocating funds to the parks and recreation fund. A deficit would be a
lack of income to cover projected expenses.
Councilmember Novak asked for postponement based on the requirements for the ballot. The City Clerk was asked if it was possible to postpone. City Clerk Johnson replied it was, yet the ordinance needed to be decided by the August 13th meeting to be on the ballot. Councilmember Novak said an amendment is needed, but the ordinance is too complicated for a friendly amendment.
NOVAK/ROBERTS – MOVED TO POSTPONE TO THE
Councilmember Novak would support a ¼% sales tax increase year round to generate $420,000. He would disregard all of the statement with regard to Section S, and simply state it would increase the sales tax by .25% for promoting and funding recreation activities in the Homer area through the entities deemed appropriate by the City Council.
Councilmember Shadle agreed, stating Council’s job was to make it as simple as possible for the voters so they understand what they are voting for. Councilmember Heimbuch remarked it is not a simple thing and should not be disguised as such. There has been a lot of discussion; the ballot language needs to be agreed upon. He opposes delaying until August 13th.
Councilmember Stark adamantly opposes the proposal, citing
an economic disaster to the City of
Mayor Hornaday clarified Ordinance 07-18(S) replaced Ordinance 07-18.
VOTE: NO. WYTHE, HEIMBUCH, ROBERTS
VOTE: YES. SHADLE, STARK, NOVAK
Mayor Hornaday expressed his opposition to the ordinance, stating it is fatally flawed, and may not support it no matter what is amended.
Mayor Hornaday broke the tie vote with a YES vote.
Motion carried.
B.
2008 Budget Priorities
There were no public comments.
This item was continued to the August 13th Committee of the
Whole.
ORDINANCE(S)
A. Ordinance
07-27, An Ordinance of the City
Council of Homer, Alaska Approving a Long Term Debt Authorization in an Amount
not to Exceed Seven Million Dollars for the Purpose of Financing and
Constructing the New Homer City Hall and Town Plaza and Authorizing that a
Ballot Proposition be Prepared for Submittal to the Voter at the
Memorandum 07-109 from City Manager
as back-up
Mayor Hornaday called for a motion for the adoption of Ordinance 07-27 for introduction and first reading by reading of title only.
WYTHE/NOVAK – SO MOVED.
It is important to get the
information and the question out to the voters, as it is the intention of the
Council to see it move forward. The committee reviewing
STARK/NOVAK – MOVED TO AMEND THE
PROPOSITION ON THE 3RD
Construction of the new City Hall would include furnishings.
VOTE: YES. ROBERTS, WYTHE, SHADLE, STARK, NOVAK
VOTE: NO. HEIMBUCH
Motion carried.
Councilmember Stark noted the committee’s activities are to be approved by City Council, ie. location and design. He is concerned about the proposition, as a lease purchase may be possible. CIRI would be a good partner with access to low cost financing. If the bond issue fails it will almost kill the project. Moving forward with a lease purchase would circumvent the will of the voters. The committee has selected three potential locations and has decided to recommend the General Contract to construct.
City Manager Wrede explained there are two main reasons for the ordinance. Council and the public should know we are on a fast track and if we stick to the schedule in the RFP a construction agreement may be negotiated by March 2008. The money must be identified before. If we have to bond, a special election would have to be conducted. Passage of the ordinance will not preclude the lease with option to own. If Council believes it is premature and would like refined estimates and preliminary design, a special election could be conducted.
Councilmember Shadle noted if the proposition fails before the voters it may harm a lease purchase plan with CIRI. City Manager Wrede said Council’s challenge would be to determine what the voters meant, no to long term debt, or no to a new City Hall.
Councilmember Wythe related the cost
and time consumed with a special election in the spring to move the process forward.
The community needs a clear understanding of the need for a new building and
the cost effect of taking a loan at a low interest rate or leasing to purchase
generally at a less favorable interest rate. Council needs to focus on the long
term actuality; saving 17 months on the project will save up to $.5M. The
community needs to be educated of why now? They need to understand the benefit
of putting a footprint in
Mayor Hornaday commented the new City Hall may cost $10M. Construction costs of the library increased $1M in one year. Likewise, some costs on the natural gas pipeline have doubled. We need to keep in mind we are not taking on an obligation we are not able to meet. Currently we have $3M; it may require $12M to $13M before it is built.
City Manager Wrede stated the public
needs to know even if authorized to borrow up to $7M the intent of the City is not
to borrow the entire amount. The City will still try to raise money. If the ordinance
is introduced tonight there would be a substitute ordinance in light of
comments from the City Attorney. The proposition will change slightly to read:
Shall the City of
VOTE: (main motion) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
D. Ordinance
07-28, An Ordinance of the City Council of Homer, Alaska Amending Chapter
19.16 of the Homer City Code Regulating the use of Motor Vehicles on Beaches in
the City and Establishing Permit Requirements. Mayor. Recommend Introduction
and First Reading and conduct Public Hearing and Second Reading on
STARK/SHADLE - MOVED FOR THE INTRODUCTION OF ORDINANCE 07-28 FOR FIRST READING BY READING OF TITLE.
Line 95:
STARK/SHADLE – MOVED TO DELETE
THE WORDING IN SECTION B
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Line 121:
STARK/ROBERTS – MOVED TO INSERT 15 UNDER THE SPEED LIMIT.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Line 132.5:
STARK/NOVAK – MOVED TO ADD
SECTION G: MOTOR VEHICLES SHALL NOT BE OPERATED ON THE BEACHES AFTER
Councilmember Shadle suggested
the time be set as
VOTE: YES. WYTHE, STARK,
VOTE: NO. SHADLE, NOVAK, HEIMBUCH, ROBERTS
Motion failed.
Council noted the public present in opposition of the ordinance. If the City is not currently enforcing existing regulations, placing more regulations is not going to eliminate the problem. Enforcement of the exiting regulations is needed and then it can be determined if amendments are needed. Both pedestrians and ATV riders opinions are valued and it is difficult to take one priority over another. Public testimony indicates people don’t want the use of vehicles banned. They are supportive of education, signage and enforcement. The Police Department could utilize their ATV to patrol the beaches at different times throughout the day prior to a total ban of vehicles. Discussion is needed on younger children riding and racing ATVs.
Discussion ensued among Council
of differences between joyriding horses on the beach versus motor vehicles.
Different classes of citizenry should not be created. If government regulation is
done lightly and correctly it can be great thing. Few of the letters said
4-wheelers should be banned; some said there should be a permit system.
Councilmember Shadle commented the issue is more emotional than anything; emotions run high. It may be the same people that got emotional about the wave runners. If the issue is this emotional it may be great for the ballot and bring out a large voting populous, more than 25%.
Councilmember Roberts supports no vehicular traffic on Bishop’s Beach east, elimination of permits, and simplify the regulations.
City Attorney Tans clarified Line 31- “racks” should be “tracks”.
The Spit beach should be dealt with differently, as it receives a different kind of use. Handicapped people need to be considered. The same people breaking the laws will not conform to new laws.
City Manager Wrede asked for support of an amendment regarding permitted use of motor vehicles to allow DOT access and maintenance of the seawall.
HEIMBUCH/SHADLE – SO MOVED: AMEND
TO ADD
There was no discussion
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion) YES. NOVAK, HEIMBUCH, ROBERTS
VOTE: NO. WYTHE, SHADLE, STARK
Mayor Hornaday broke the tie vote with a YES vote.
Motion carried.
A. City Manager’s Report
1.
Port and Harbor Lease Notes: Discussions are on-going
with Hughes Pellets. Steve and I met with company representatives several weeks
ago and they explained that they were revising their business plan and as part
of that, were re-examining the infrastructure and facilities they would need at
the Deep Water dock and on
2.
3. Coast Guard Dolphin: The public comment period has closed and we are waiting to hear whether the Corps will issue a permit for the dolphin. If the Coast Guard is able to obtain a permit, the final word will rest with the City Council. The Dolphin would rest upon City owned tidelands and an amendment to the existing lease would be required. Lease amendments must be approved by the Council. At the time this report was written, we had no new information on this but will try to get some before meeting time.
4.
Bay Crest Ski Trails /
5.
6.
Final Reimbursement for Pioneer Dock: When the Pioneer
Dock was built, several million dollars for construction came from the State of
7.
Library Grounds: A number of people have commented to
me that they think the new Library Grounds are not well kept and that they look
bad. Dandelions have sprung up and areas along
8.
9.
Spit Trail Parking Expansion: PW still plans to do this
project this summer or fall. Right now we are waiting for the
10.
11. City
Hall /
12. Congratulations to Public Works / Water Department: The Homer Water Treatment Plant and Water Distribution System crew often work in the shadows. They are never in the headlines until something goes wrong. Safe drinking water is something we often take for granted. These folks work around the clock to make sure your water is safe and that there is plenty of it. Processing Homer’s water is especially challenging because of the water source we use and the ever growing regulations the staff have to deal with. However, this year, Homer once again made the Honor Roll as one of the public water systems that did not receive a single violation notice under the Safe Drinking Water Requirements. Congratulations and thanks to Superintendent Jim Hobbs and to all of the hard working staff who labor to provide Homer residents with safe and dependable drinking water.
13. City Hall / Town Center RFP: At the last meeting, the Council approved the GC/CM method of project design and construction and authorized us to proceed with the RFP. During the discussion of this method, both at the Committee and Council level, it was noted that one of the advantages of the GC/CM method was that the City could contract directly with the Architect and keep control over the design process. I wanted to let you know that after further thought, and discussion with our attorney and construction consultant, it was decided that it would be best to not require that the contract be between the City and the architect. In other words, make the architect be the lead in the design / construction team. We concluded that it was best leave it open, see what the teams propose, and not dictate to the teams who the contract must be with. Further, the design portion usually only amounts to 10 or 15 percent of the total contract. Therefore, a good argument can be made that the contract should be with the builder. Under the GC/CM approach, there are still ways to make sure that the City has direct access to and control over the architect, even if the contract is with the builder, including writing that right into the contract. The City’s contract will be with the “team”, not just with the builder per se.
14. Travel: The week just prior to the July 23 meeting, I will be out of the office on Wednesday, Thursday, and Friday: On Wednesday, I will be at an all day DOT/PF sponsored meeting in Wasilla. I was asked by the Commissioner of DOT/PF to serve on a committee that will review a document called 2030 “Let’s Get Moving”. This is essentially an update to the Statewide Long Range Transportation Policy Plan and it includes all modes of transportation. This is the second meeting. On Thursday and Friday, I will be working in Anchorage and intend to meet with DOT/PF staff on some of our transportation issues (including the spit trail and Deep Water Dock), the University of Alaska regarding a purchase agreement, CIRI regarding Town Center issues, and Rasmussen Foundation regarding Town Plaza.
15. Ordinances
07-25 and 07-26: You may have noticed that these two ordinances were pulled off
of the Agenda. They appeared on the Tentative Agenda. Ordinance 07-25 requested
a 2% COLA for City employees. Ordinance 07-26 approved amendments to the City
Wage Scale recommended by the 2005 Parity Study. These ordinances are both
written and ready to go but I pulled them until a later meeting because we
still do not have enough information available about tax revenue trends this
year, especially sales tax info. You will recall that we said we would bring
these items back to Council at mid-year after we had a better idea of tax
revenues trends and projections.
City Manager Wrede reported he is
serving on a statewide stakeholder’s committee for DOT’s 30 year plan. All
modes of transportation are being explored. Two grants have recently been
received for the Spit Trail and plans for completion of the trail and End of
the
Mayor Hornaday commended staff at
Public Works/Water Department for making the Honor Roll for Safe Drinking Water
Requirements.
B. Bid Report
C. Games Report
D. Question of the Week
E. Training Report
COMMITTEE REPORT
A. Comprehensive Plan Community Advisory Committee
(July
30 and
B. Global Warming Task Force
(August
1 and 8, 2007,
C. Public Arts Committee
(
D. Transportation Advisory Committee.
(
E. City Hall -
(
PENDING BUSINESS
A. Memorandum 07-114, From Mayor, Re: Appointment of Barbara Howard to the Homer Advisory Planning Commission. Recommend confirmation.
Councilmember Heimbuch stated he
had just returned from a two-month absence and understands the appointments
have caused consternation.
HEIMBUCH/SHADLE - MOVED FOR POSTPONEMENT
TO
The Planning Commission has been in limbo without a quorum[1] because of the lack of appointments at the June 25th meeting.
Mayor Hornaday stated he talked
to the City Attorney today regarding Councilmember Shadle’s conflict of
interest. He asked Councilmember Shadle to state what Councilmember Novak
raised at the prior meeting.
Councilmember Shadle stated at the prior meeting Councilmember Novak raised the question of a conflict interest for Mr. Shadle in regards to a property that he is the managing member of called Aurora Novel Ventures on the corner across from NAPA. At that time he told Council he did not believe he had a conflict of interest. Much to his surprise after the meeting there was to be another meeting that was canceled. He found out the meeting was canceled as there was a CUP pending. Even though it never went on the books in terms of a date set to talk about it, the CUP was not going forward. He made it public information at the last Council meeting. He stated for the record that he did not believe there was a conflict of interest, as the CUP was not going forward. A week later when he found out the CUP was still there he went into the Planning Department and asked them to pull the CUP. They said in order to pull the CUP it needed to be in writing. He did put it in writing to officially pull the CUP. It is officially off and is not going to happen.
Questioned by Mayor Hornaday if he had any matters that would be pending before the Planning Commission, Mr. Shadle answered he had none before the Planning Commission, but would have one before the Council that he would have to recuse himself on. Councilmember Shadle reiterated at this time there is nothing in front of the Planning Commission and as far as he knows nothing before the Planning Commission in the future.
Councilmember Wythe voiced her difficulty with that, stating it was very easy to remove something before the Planning Department for review or something before the Planning Commission and subsequently come back in a week or year and have effected the placement of his choice of individuals on the Planning Commission. She asked Councilmember Shadle if he was the manager of the LLC or single proprietor.
Councilmember Shadle replied on paper he is the only name on it. There are silent partners and he can’t mention who they are. It is a corporation and he is the managing member of the LLC.
Councilmember Novak said all is needed is the appearance of a conflict of interest. The City Attorney ruled there was a conflict of interest and that is the reason the last meeting was canceled.
SHADLE – MOVED FOR A POINT OF ORDER.
Councilmember Shadle disputed Councilmember Novak’s quote of the City Attorney’s claim, stating it was not true. He clarified the City Attorney said there “may be”, not that there was a conflict.
Councilmember Novak accepted the clarification, stating “may be” is all that is needed for the appearance of a conflict of interest. The reality is Mr. Shadle had the conflict before the Council and did not state that when asked two meetings ago. He has pulled the CUP and there is nothing to stop him from going back again. On paper Mr. Shadle is the only one involved in the property. The property obviously won’t sit empty forever.
Councilmember Wythe asked Councilmember Shadle if he had holdings, investments, or substantial financial benefit from the profit or gain or successful operation of the LLC as its Manager.
Councilmember Shadle replied he receives no bonuses and the LLC has been losing money every year since he’s owned it. Mr. Shadle said there is not one person at the Council table that could vote on an appointment and then turn around and get involved in a CUP on any piece of property they own. Mr. Shadle said he does not own any property under his direct name in the city limits. He lives in the city limits and manages several LLC’s. What is to stop him or anyone from having a CUP in the future? Mr. Shadle said he is too busy to follow through with the CUP.
Councilmember Novak said on paper Mr. Shadle’s name is the only one there. Unless there are other people to step forward and take accountability, Mr. Shadle is the man. Anyone can go forward in the future with a CUP. Mr. Shadle’s intent was clear in April, it was on the books. It is different for Mr. Shadle as it was an ongoing project.
Councilmember Stark said Councilmember Novak is splitting hairs. A couple years ago Councilmember Novak was asked if he owned the motel on Baycrest Hill and he replied he was the manager. Later on Council got papers when he submitted for various appointments stating he owned it. Councilmember Novak retorted he manages it and owns it. It is no big secret and mystery. It was pertaining to the Gateway which wasn’t in his district.
Mayor Hornaday ruled Councilmember Shadle does not have a conflict as he has no pending matters.
NOVAK/ROBERTS – MOVED TO OVERRULE.
There was no discussion.
VOTE: YES. ROBERTS, WYTHE, NOVAK
VOTE: NO. HEIMBUCH, STARK
Motion failed.
VOTE: (motion to postpone) NO by consensus
Motion failed.
Mayor Hornaday called for a motion for the approval of the recommendations of Memorandum 07-114 for the appointment of Barbara Howard.
WYTHE/NOVAK – SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Memorandum 07-115, From Mayor, Re: Reappointment of Ray Kranich to the Homer Advisory Planning Commission. Recommend confirmation.
Mayor Hornaday called for a
motion for the approval of the recommendations of Memorandum 07-115.
WYTHE/NOVAK – SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Memorandum 07-116, From Mayor, Re: Reappointment of Lane Chesley to the Homer Advisory Planning Commission. Recommend confirmation.
STARK/SHADLE - MOVED THAT WE
Councilmember Stark explained the Clerk tried to contact Mr. Chesley twice during the day so he could be present and have an open or closed meeting. There are serious issues that need to be discussed. It is in the public’s interest to not have it in the public.
Discussion ensued if it was possible to have an Executive Session if it was not advertised prior.
Councilmember Stark explained the appointments have gone back and forth between Lane Chesley and Val McLay. An Executive Session was scheduled prior and then canceled when the Mayor nominated Val McLay. Upon hearing of the reappointment of Lane Chesley he was not timely to request an Executive Session. The City Attorney advised him it could be handled in this manner.
City Clerk Johnson stated she called Mr. Chesley and advised him there was a meeting tonight. He was across the bay. Later in the day after talking with the City Manager he asked that Mr. Chesley be called back and advised there may be an Executive Session and he had the right to have it open or closed. The message was left on his answering machine.
HEIMBUCH - POINT OF ORDER.
Mayor Hornaday stated the question is whether Council should go into Executive Session.
Councilmember Shadle agreed with the Executive Session to keep from embarrassing Commissioner Chesley. He doesn’t want to embarrass anyone publicly. There are now two planning commissioners appointed and it will give Mr. Chesley the chance to comment.
NOVAK – POINT OF ORDER.
Councilmember Novak said the comments are out of line, the implications, the elusions, the eluding. A big mystery has been put out there trying to create something that isn’t and it is not very professional.
VOTE: YES. STARK, SHADLE
VOTE: NO. NOVAK, HEIMBUCH, ROBERTS, WYTHE
Motion failed.
STARK/SHADLE – MOVED TO POSTPONE
TO THE
There was no discussion.
VOTE: YES. STARK, SHADLE
VOTE: NO. NOVAK, HEIMBUCH, ROBERTS, WYTHE
Motion failed.
Mayor Hornaday called for a motion for the approval of the recommendations of Memorandum 07-116.
WYTHE/NOVAK – SO MOVED.
NOVAK/ROBERTS - CALLED FOR THE QUESTION.
There was no discussion.
VOTE: YES. NOVAK, HEIMBUCH, ROBERTS WYTHE
VOTE: NO. SHADLE, STARK
Motion carried.
VOTE: (main motion)YES. WYTHE, NOVAK, HEIMBUCH, ROBERTS
VOTE: NO. SHADLE, STARK
Motion carried.
A. Memorandum
07-110, From City Manager Re:
WYTHE/NOVAK – MOVED FOR THE ACCEPTANCE OF RECOMMENDATIONS OF MEMORANDUM 07-110.
Memorandum 07-110(S) speaks of the recommendations of the committee.
WYTHE/ROBERTS - MOVED TO REMOVE
THE FINAL
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Mayor Hornaday called for a recess at
Councilmember Heimbuch was called away on a family emergency.
B. Memorandum
07-111, From City Manager Re: Council Approval for Department status for
Three Divisions (Planning, City Clerk, Library) Currently Housed within the
Department of Administration. Recommend Approval.
WYTHE/ROBERTS - MOVED TO POSTPONE TO A LATER DATE WHEN DISCUSSING COLA’S.
There was no discussion.
VOTE: YES. NON OBJECITON. UNANIMOUS CONSENT.
Motion
carried.
RESOLUTIONS
A. Resolution 07-75 Of the City Council of Homer, Alaska Respectfully Requesting that the Kenai Peninsula Borough Consult with and Include the South Peninsula Hospital Service Board in a Meaningful and Constructive Way as it Conducts its Negotiations on a New Hospital Operating Agreement. Mayor, City Council. Recommend adoption.
NOVAK/SHADLE - MOVED TO ADOPT
RESOLUTION 07-75 BY
NOVAK/HEIMBUCH - MOVED TO AMEND
THE
There was no discussion.
VOTE: (amendment) YES. NON
OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion as amended)
YES. ROBERTS, WYTHE, SHADLE, NOVAK
VOTE: (main motion as amended)
NO. STARK
Motion carried.
COMMENTS OF THE AUDIENCE
Lou Stewart, city resident,
commented on Councilmember Wythe’s proposal on Ordinance 07-18(S). He
questioned support of capital improvements of non profit facilities, asking if
it should be the City of
Dave Brann, city resident, will
prepare written testimony with pictures that show the before and after of the
beaches. Overall beaches have improved markedly. He complimented the task force
on the work they are doing. More signage is needed and if the City will foot the
bill he will volunteer to put them up. There have only been three signs removed
that have not been replaced.
Gary Thomas, city resident,
commented when the Borough tried to take away services before there were three
hours of testimony in opposition. He thanked Council for the changes that were
adopted. The Hospital Auxiliary started the prior petition.
Frank Griswold, city resident,
said at the Refuge Chapel Board of Adjustment there was a vote on a conflict of
interest of Matt Shadle. He does not think Beth Wythe voted. He referenced a
similar situation at the Borough, Ordinance 2007-12, where it was ruled parties
that had a conflict of interest on the main issue would not have a conflict on
voting on a conflict of interest of a fellow member. Council may wish to
reconsider, as the order of conflict should not matter. The issue may need to
be re-voted.
COMMENTS OF THE
The City Attorney was no longer
present.
COMMENTS OF THE
City Clerk Johnson had no
comments.
COMMENTS OF THE
City Manager Wrede had no
comments.
COMMENTS OF THE MAYOR
Mayor Hornaday commented on the
good time at the Fourth of July parade. The Clerk’s office decorated a truck
and he rode in the back of the truck with not too many boos.
COMMENTS OF THE
Mayor Pro Tempore Novak said Council worked their way through issues and he looks forward to moving on.
Councilmember Shadle likes the
idea of volunteers and volunteered with the two folks in the audience to put up
signs. He has a mini backhoe that won’t disturb the beach and it will prevent
back-breaking work in digging the holes.
Councilmember Wythe commented she
did vote regarding Matt’s comment, as it was before her conflict. She suggested
interpretative signs that are larger and on two posts making them harder to
tear down. It is a perfect time to start thinking about it before budget time.
She had a good time in the Fourth of July parade, even though they ran out of
40 lbs. of candy before the reviewing stand. One hundred pounds of candy is
needed for next year.
Councilmember Stark said it has
been enjoyable and he wanted to chastise the Mayor for keeping them for three
hours. The Mayor was doing so well up until now.
Councilmember Roberts extended
Happy Birthday wishes to Toby Tyler; she is glad to honor a person who has
contributed so much to the community. She congratulated the Water Department on
winning the award. Thanks to them we have great water in Homer.
ADJOURNMENT
There being no further business
to come before the Council, Mayor Hornaday adjourned the meeting at
______________________________
JO JOHNSON,
Approved: _____________________
[1] Although there are four members, enough to constitute a quorum, one Commissioner was on vacation during the regular meeting in July.