Session
09-16 a Regular Meeting of the Homer City Council was called to order at 7:02
p.m. on July 27, 2009 by Mayor James C. Hornaday at the Homer City Hall Cowles
Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska, and opened
with the Pledge of Allegiance.
PRESENT: COUNCILMEMBERS: HOWARD, LEWIS,
NOVAK, ROBERTS, WYTHE, ZAK
STAFF: CITY MANAGER WREDE
DEPUTY
CITY CLERK JACOBSEN
CITY
ATTORNEY SUOZZO
FINANCE
DIRECTOR HARVILLE
HARBORMASTER
HAWKINS
PUBLIC
WORKS DIRECTOR MEYER
AGENDA APPROVAL
(Addition
of items to or removing items from the agenda will be by unanimous consent of
the Council.
The
agenda was amended to add:
ORDINANCES Ordinance 09-33, Back up information from
Anchorage Municipal Code; Substitute
Ordinance 09-36(S) An Ordinance of the City Council Approving the Fairview
Avenue Water Main Extension from Svedlund Street to Kachemak Way, Authorizing
Expenditure of Homer Accelerated Water and Sewer Program (HAWSP) Funds for the
Water Main Extension and Approving the Creation of a Deferred Connection Charge
on Benefitted Properties. City Manager/Public Works; RESOLUTIONS Substitute Resolution 09-74(S) A Resolution of
the City Council of Homer, Alaska, Acknowledging the Surplus Equipment Bid
Results. City Clerk; Substitute Resolution 09-76(S) A
Resolution of the City Council of Homer, Alaska, Approving a Request by Homer
Enterprises LLC to Sublease an Existing Building on Leased Land to Homer
Shipping Center and Authorizing the City Manager to Negotiate and Execute the
Necessary Lease Amendment. City Manager
The
agenda was approved by consensus of the Commission.
PUBLIC COMMENTS UPON MATTERS ALREADY ON
THE AGENDA
Frank
Griswold, city resident, commented regarding Ordinance 09-19. He said existing nonconformings do not set precedence
for a rezone to allow them. As Attorney Tans pointed out in his letter to
Councilmember Allen Parks on April 3, 1998, “a controlling legal precedent is
the ordinance that prohibits the use.” In this case it is Ordinance 01-45. Attorney Tans did state that one may look to
the presence of an existing non conforming use and the effect it has on the
zone in considering if it should or should not be generally allowed in the
district, but there is a fallacy to that argument because what if the nonconforming
uses had been eliminated as the code intended. There would then be no
nonconforming use to analyze for effects. What about illegal uses? Should they
be granted a rezone if there are no detrimental effects resulting from their
noncompliance? This would serve to reward violators. On another point, contrary
to Councilmember Novak’s observation in the worksession similarly situated does
not mean situated in precisely the same location. Areas zoned urban residential
in other areas which lie adjacent to the CBD would be considered similarly
situated. Mr. Griswold said just because an area proposed for rezone is 13.4
acres does not mean it is too large to be considered a spot zone. The Alaska
Supreme Court said that it is the relative size that must be considered. This
Council needs to tell the Planning Commission what area it should compare the
13.4 acres with to determine the relative size, and what relative size is
sufficient. The one acre requirement that is in city code had been there since
1982, it is outdated and meaningless since the Supreme Court decided that there
is no specific area that is too large or too small. Neither the Council nor
Planning Commission has the authority to interpret the code to mean something
other than what the words say. If you want to change it fine, but you can’t
just look at it and say we interpret that to say something other than what the
common English interpretation is. If you are going to interpret it that way
then why don’t you interpret it to mean a majority of the square footage, as
this rezone is now presented even if there is a majority of lot owners, the
majority of square footage is opposed. If one zone is very similar to another,
how could it constitute a buffer? If the residential neighborhood behind the Lakeside
Mall requires a buffer from the CBD then why wouldn’t the other residential
areas which abut the CBD require a buffer. Mr. Griswold said he thinks this
need for a buffer is totally contrived, no member of the public has demanded
that we need a buffer between these two zones of the CBD and if they are so
similar then one does not provide a buffer to the other.
Terry
Yager, city resident, commented regarding ordinance 09-34. He said this is a
lovely town and he is concerned about all these poles with windmills going up.
One of the things we are all living here for is the beauty of Homer, and the
city has an opportunity to establish themselves as a leader in how they decide
to handle this. Mr. Yager expressed his appreciation for the work the Council
does. This reminds him of going back to the 1800’s when electricity came to the
country and the pictures of all the power lines going everywhere. We have an
opportunity here where we can put the wind generators in a specific area and
work in conjunction with HEA where individuals could go to a meter that would
credit their electric bill rather than have these things scattered all over
town. This is huge. Everyone wants alternative energy and he hopes the Council
is taking this as seriously as they can. He said he can’t imagine one going up
and there not being controversy. He isn’t sure that it goes along the same
lines of notifying neighbors with in a certain area before one goes up.
Dorothy
Dublirer, city property owner, commented in the discussion about establishment
of the poles and the rule that go with it, from a personal level she is
concerned because it comes right across her view to the spit and into the
mountains beyond. She doesn’t know if they received the letter she gave to
Planning which explains that the owner of property next to hers is trying to
get a conditional use permit to put a tower on a lot that is just under an
acre. She feels she should have some rights to what she has to look at and she
is already looking at a boat, and a yurt, and this would add to it. She
suggested that neighboring property owners should have some say where a pole
should or should not go. She asked that this be considered from the point of
attractiveness and what might be best for the largest number of people; for
example setting up several units and being able buy into it.
Leonard
Wells, city resident, commented that he doesn’t know of anywhere in the city
limits where people aren’t going to be opposed to a neighbor putting up a wind
energy system. His personal opinion is that if it isn’t on your property and it
doesn’t harm you physically you can have an opinion on in it, and unless it is
prohibited by city law or state law then you should have a right to partition
zoning and maybe even petition the citizens of the area to see if they want it.
The people who want it and actually live here also have a primary concern on
what the view is. A non year round person’s opinion of a view is probably much
different than someone who lives here all the time.
Anita
Sligh, city resident, commented in support of ordinance 09-35 and funding for
completing two ball fields at Jack Gist Park. She explained that currently
there is one field that serves about 130 girls ages 6 to 18 in the community.
This year there were are 8 little league teams, 3 junior varsity teams, 1
varsity team and a tournament team that share the field. It becomes difficult
to schedule at times and they tore up the lower smaller field to accommodate to
accommodate the JV teams. There are teams who come from Anchorage to try to
play here and she thinks this is a wonderful way to spend money to support our
youth.
Bill
Smith provided a laydown item with updated information for the Homer Public Library
Cost & Benefit Estimates to supplement the information from Deerstone
Consulting that was included in the City Manager’s Report. It is an update on
the energy costs as the information in the packet was from the first part of
May and there have been some changes due to oil prices. It will give them a
better idea of the benefit to the suggested improvements to the library.
Michael
Adams, from Bainbridge WA, commented on behalf of the Seldovia Village Tribe on
Resolution 09-75. He has been working with the City and also with the Seldovia
Village Tribe in developing their ferry project. He provided a photo of the vessel.
He advised that the ferry has been christened and they would like to start
operating next year. He asked the Council for approval of the resolution so
they can get their docks in order and begin service.
Mayor
Hornaday raised question regarding the issue of sovereignty and if the tribe is
willing to waive their sovereignty. Mr. Adams responded that he can’t speak on
behalf of the tribe regarding their sovereignty but he can speak on behalf of
the Seldovia Bay Ferry Project which is willing to pay all taxes and operate as
any other business in Homer. The Seldovia Bay Ferry Project is part of the
Seldovia Village Tribe. The tribe owns the boat and/or the assets and has the
lease with the City. For this project they are willing to pay all taxes and operate
as any other commercial business in the City of Homer. Regarding the concern of
the tribe’s ability to claim immunity specific to lease issues, Mr. Adams said
he is not able to speak to anything other than the ferry project.
Mayor
Hornaday questioned if native tribes can waive their sovereignty. City Attorney
Suozzo responded that she thinks that there is enough precedence in Alaska and
quite a few leases where Native Corporations waive their sovereignty. There is
the ability to waive their sovereignty for the purposes to act as any other
corporation and be liable like any other corporation. It is common in the state
as there is a lot of business that goes on between cities and tribes.
Mr.
Adams answered questions from the Council. He explained that the ferry is an 83
feet long 29 feet wide 150 passenger catamaran that can also carry light
freight, but not automobiles. This vessel is prop operated with maximum speeds
of 30 knots. It doesn’t have the same issues as the Hawaii super ferry. Tourism
will make up some of the usage for the vessel but its purpose is for
transportation between Seldovia and Homer. There is a route planned down the
main portion of Kachemak Bay and a route to avoid weather through Eldridge Passage. The
vessel uses a foil assist similar to CIRI boats and was built by American
Marine. The foil lifts the vessel out of the water to reduce the wake and
provide increased fuel efficiency.
There
was discussion regarding insurance for the ramp that will be built as it is
will be used for public access. Harbormaster Hawkins explained the concept for
dealing with boats in the harbor with relation to the ferry schedule.
RECONSIDERATION
There
are no items for 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 June 22, 2009 Special and Regular
Meeting. City Clerk.
B. Memorandum 09-89, from Mayor, Re:
Appointment of Ingrid Harrald and Valdis Kirsis to the Parks and Recreation
Advisory Commission.
The
Consent Agenda was adopted by consensus of the Council.
VISITORS
There
are no Visitors scheduled.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH
REPORT/COMMISSION REPORTS
A.
Janet Klein,
Dedication of Homer Pennock Photo
Mayor
Hornaday introduced Janet Klein as probably the leading scholar on the history
of this area. Ms. Klein gave a brief history of Homer Pennock and dedicated a
formal portrait of Mr. Pennock, which includes an excerpt from her newest book Kachemak Bay Communities Their Histories Their
Mysteries¸ to the City Council and Citizens of Homer.
PUBLIC HEARING(S)
A. Ordinance 09-31, An Ordinance of
the City Council of Homer, Alaska, Amending the FY 2009 Operating Budget by Authorizing
the Expenditure of $19,000 from the Water Reserve for the 10% Loan Match
Required to Complete the Mid-Hillside Pressure Reducing Valve (PRV) Station
Stairway Project. City Manager/Public Works. Recommended dates: Introduction
June 22, 2009, Public Hearing and Second Reading July 27, 2009.
Memorandum
09-84 from Public Works Director as backup.
Mayor
Hornaday opened the public hearing.
There were no public comments.
Mayor Hornaday closed the public hearing
Mayor
Hornaday called for a motion for the adoption of Ordinance 09-31 by reading of
title only for second and final reading.
NOVAK/LEWIS
SO MOVED.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
B. 2010 Budget Priorities
Mayor
Hornaday opened the public hearing.
Leonard
Wells, city resident, commented that when presenting the budget for public
viewing he asked that they identify those things that are essential, core needs
of the City and those expenses as best they can. He asked that anything that
comes under a department that isn’t core that those items are broken out.
Anything that can be put off a year is not essential or core. What he heard at
the previous meetings it is going to be tight on money so he thinks the
community needs to know specifically which items and how much are core and
those that aren’t. After we get done if we found out people do want some of
these back they can come and complain about it and hopefully get it put on a
ballot to tax ourselves and pay for it.
Mayor
Hornaday noted that this is going to be a difficult budget season and he wants
to put the Community on notice that unless things change, it looks like there
will be services that have been funded but won’t be. Right now it looks very
serious.
ORDINANCE(S)
A. Ordinance 09-32, An Ordinance of the
City Council of Homer, Alaska, Amending Homer City Code, Chapter 1.74 Parks and
Recreation Advisory Commission, Section 1.74.030 Proceedings of the Commission,
Amending the Monthly Meeting Frequency to Monthly Meetings May through
September and Bi-Monthly Meetings October Through April. Recommended dates:
Introduction July 27, 2009, Public Hearing and Second Reading August 10, 2009.
Memorandum
09-90 from Parks and Recreation Advisory Commission as backup.
Mayor
Hornaday called for a motion for the adoption of Ordinance 09-32 for
introduction and first reading by reading of title only.
LEWIS/ROBERTS
SO MOVED.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
B. Ordinance 09-33, An Ordinance of the
City Council of Homer, Alaska, Enacting Homer City Code Chapter 6.16
Establishing a Fee for Police Protection Services. Howard. Recommended dates:
Introduction July 27, 2009, Public Hearing and Second Reading August 10, 2009.
Mayor
Hornaday called for a motion for the adoption of Ordinance 09-33 for
introduction and first reading by reading of title only.
HOWARD/WYTHE
SO MOVED.
Councilmember
Howard commented that it has come to her attention that there are situations in
this community, as in other communities, where frequent domestic disturbances
require the fire or police department to pay visits repeatedly to settle
disturbances and it becomes an expense to all the citizens. She explained that
this ordinance is patterned after Anchorages ordinance and after 8 visits in
one calendar year the City looks at the possibility of charging $250 for those
calls. She feels it deserves discussion and public hearing.
There
was discussion suggesting that it be stricter with fees imposed after 4 or 5
calls and that property owners, landlords in a tenant situation, would be
responsible for the fees.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
C. Ordinance 09-34, An Ordinance of
the City Council of Homer, Alaska, Amending Homer City Code 21.03.040 to Add
Definitions Regarding Small Wind Energy Systems and to Amend the Definition of
Public Utility Facility or Structure; amending Homer City Code 21.05.030 to
Exclude Wind Energy Systems in the Measurement of Building Height; Amending
Homer City Code 21.12.020, 21.14.020, 21.16.020, 21.18.020, 21.20.020,
21.22.020, 21.24.020, 21.26.020, 21.28.020, 21.30.020 and 21.50.040 to Add
Small Wind Energy Systems as a Permitted Accessory Use in the Rural
Residential, Urban Residential, Residential Office, Central Business District,
Town Center District, Gateway Business District, General Commercial One,
General Commercial Two, Marine Commercial, Marine Industrial and Bridge Creek
Watershed Protection Zoning Districts; Amending Homer City Code 21.12.020,
21.14.040, 21.16.030, 21.18.030, 21.20.020 and 21.22.030 to Add Small Wind
Energy Systems with a Rated Capacity Exceeding 10 Kilowatts as a Conditional
Use in the Rural Residential, Urban Residential, Residential Office, Central
Business District, Town Center District, and Gateway Business District Zoning
Districts; Enacting Homer City Code Chapter 21.58 to Establish Standards for
Small Wind Energy Systems; and Enacting Homer City Code 21.60.070 Regarding the
Effect of Small Wind Energy Systems on Nonconforming Uses and Structures. City
Manager/City Planner. Recommended dates: Introduction July 27, 2009, Public
Hearing and Second Reading August 10, 2009.
Memorandum
09-98 from City Planner as backup.
Mayor
Hornaday called for a motion for the adoption of ordinance 09-34 for
introduction and first reading by reading of title only.
ROBERTS/HOWARD SO MOVED.
Councilmember
Zak stated he has a conflict in that there is a CUP for a wind energy system
before the Planning Commission that is next door to property he owns. City
Attorney Suozzo agreed that the situation could warrant a conflict. Mayor
Hornaday excused Councilmember Zak and he left the table.
Comments included:
WYTHE/HOWARD
MOVED TO HAVE AUGUST 10TH AS A PUBLIC HEARING ONLY AND AUGUST 24TH
PUBLIC HEARING WITH SECOND READING.
There
was no discussion.
VOTE:
(amendment) NON OBJECTION: UNANIMOUS CONSENT
Mayor
Hornaday explained that he would be absent during the hearings. He commented
that these types of towers are raging issues in Anchorage, Juneau and other
communities. This town had a fit over the arches for McDonalds. He said he went
and looked at one and it is nothing but an ugly tower with an ugly propeller
spinning around. He listened to it. It is noise pollution, visual pollution and
it concerns him because his understanding is that neighbors can’t stop this.
Mayor Hornaday said we are already getting complaints about the tsunami warning
towers. Houses can go up to 35 feet and block some of the view; there are
complaints about power lines. He just can’t imagine that we would want this in
our community. It is hard for him to think of a worse idea than an ugly tower
and depending on where the location, some may have lights. He hopes Council
doesn’t pass this.
VOTE:
(Main motion as amended): NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
Councilmember
Zak returned to the table.
D. Ordinance 09-35, An Ordinance of the
City Council of Homer, Alaska, Amending the FY 2009 Budget by Appropriating
$33,000 from the Parks Reserve Account for the Purpose of Completing
Construction of Two New Ballfields at Jack Gist Park. City Manager/Public Works
Director. Recommended dates:
Introduction July 27, 2009, Public Hearing and Second Reading August 10, 2009.
Mayor
Hornaday called for a motion for the adoption of ordinance 09-35 for
introduction and first reading by reading of title only.
HOWARD/LEWIS
SO MOVED.
There
was discussion that this is amount of money is about half the parks and
recreation reserve budget and hopefully another source for some of this funding
can be found before the next meeting.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
E. Ordinance 09-36, An Ordinance of the
City Council of Homer, Alaska, Authorizing the Expenditure of Homer Accelerated
Water and Sewer Program (HAWSP) Funds for Svedlund to Kachemak Way Water Main
Extension and Approving the Creation of a Deferred Assessment on Benefitted
Properties. City Manager/Public Works Director. Recommended dates: Introduction
July 27, 2009, Public Hearing and Second Reading August 10, 2009
Memorandum 09-95 from Public Works Director as backup.
Ordinance
09-36(S), An Ordinance of the City Council
of Homer, Alaska, Authorizing the Expenditure of Homer Accelerated Water and
Sewer Program (HAWSP) Funds for Svedlund to Kachemak Way Water Main Extension
and Approving the Creation of a Deferred Assessment on Benefitted Properties.
City Manager/Public Works Director.
Mayor
Hornaday called for a motion for the adoption of ordinance 09-36(S) for
introduction and first reading by reading of title only.
ROBERTS/NOVAK
SO MOVED.
There was discussion about the current situation and
current issues with spaghetti lines. Concerns were expressed about the cost to
the City while waiting for property owners to hook up to the system. Question
was raised if the properties served by spaghetti lines could be required to
hook up once the lines are in place. Public Works Director Meyer said the
agreements with those property owners are silent as to what to do when an
extension is available.
WYTHE/ROBERTS
MOVED TO MOVE THE PUBLIC HEARING AND SECOND READING TO THE AUGUST 24TH
MEETING AND HAVING SOME DISCUSSION TIME AVAILABLE AT THE AUGUST 10TH
COMMITTEE OF THE WHOLE.
There
was no discussion.
VOTE:
(amendment) NON OBJECTION: UNANIMOUS CONSENT
The
Council expressed interest in considering an ordinance that would allow the
City the option to require property owners to connect when water service
improvements are available.
Mayor Hornaday called for a break at 8:35 p.m. The
meeting resumed at 8:40 p.m.
City
Manager Wrede reviewed the changes to the substitute ordinance.
VOTE:
(amended main motion) NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
A. City Manager’s Report
1. New Water Treatment Plant: The new water treatment
plant is now on-line and it is producing water. The plant is highly automated
and the staff is still working out some of the software and other remaining
bugs. The contractor is working on some of the remaining punch list items but
the City has determined that the project is substantially complete and has
taken possession of the building. The project is a little behind schedule but
appears to be within budget. The new plant has a place in the back where HVFD
tankers can fill up. This is a significant upgrade for fire protection on
Skyline Drive.
2. Old Water Treatment Building: The Fire Chief and
Public Works Director have been working together on how and when to convert
this building to a fire station. Public Works would like to take its time
shutting down the old plant and moving the equipment out until it has a good
sense of how the new plant will work. They would like the security of keeping
the old plant operational for awhile until they are more familiar with the new
plant and how to trouble shoot problems if they arise. So, we can gradually
start the conversion and move some Fire Department equipment in but a complete
conversion may not happen for six months or more. This might mean that we will
have to pay for heated storage for Engine Four again this winter.
3. Reber Trail: This project is nearing completion.
Walkers will now have a really nice shortcut to get from mid-West Hill to
downtown. Check it out when you get a chance. The grade is relatively easy, the
wildflowers are profuse, and the view of town and the bay is excellent. This is
a nice addition to the community’s non-motorized transportation infrastructure.
4. Federal Transportation Bill Extension: You may be
aware that the Federal Transportation Bill is about to expire putting funding
for transportation projects at risk. Congress is slowly working on a new bill
but is talking about extending the current bill for another 18 months. The
Senate Appropriations Committee (Senator Murkowski is a member) is working on
the extension and was looking for project nominations. At first it seemed as
though only projects that were already on the STIP would be accepted. Later we
learned that other priority projects that have a regional benefit would be
accepted, but have a small chance of being included in the bill. We took that
chance and nominated intersection improvements at the corner of Main St. and
the Sterling Highway. If we could get this funded, the City could use the $ 2
Million it already has to upgrade Main St. The two would be complimentary.
5. Senior Access Trail: The Senior Center Director has
agreed that it would be acceptable and a good idea to build the proposed Senior
Access Trail as part of this summer’s repaving project that will include
Svedlund St. and Herndon Dr. The access trail will be an extra wide pedestrian
/ bike lane that will be delineated with reflective rubber materials. This
solution will allow us to complete the project this year without asking for
additional funding. Separated sidewalks and routing the trail through utility
easements were ideas that turned out to be prohibitively expensive. This
solution should provide safe and relatively easy access to Pioneer Ave. for
Senior Citizens.
6. Council Chambers Sound System: Jo has been working
with the Borough to see what we might learn about their sound system.
Interestingly, it turns out that the Borough is having many of the same
problems with their system as we are. They are about to go out with an RFP to
hire a professional to diagnose the problems and recommend solutions. We will
get a copy of their RFP to see if we can use it ourselves. Jo and Melissa went
to Soldotna last week for a meeting of all Borough clerks and spent some time
looking at the system and talking to staff responsible for it. One thing that
apparently does work well is the mike system that you can individually switch
on and off.
7. New Library Sign. The new library sign is complete and
in place. It is located at the corner of Heath and Hazel. The sign is made of
local beach materials and the artist, Brad Hughes, did a wonderful job.
Everyone, including the LAB and the Friends of the Homer Public Library seems
to be very pleased. A celebration was held at the library on July 17.
8. Land Sales: We have received the appraisals and plan
to have these two lots advertised for sale the week of July 27. Interestingly,
the old Library Lot appraised for more than it was valued at two years ago.
9. Beach Patrols: Council Member Roberts requested a
report on how beach patrols and parking enforcement on the Spit is going this
year. Attached are some statistics and a narrative provided by the Police
Department. We will also provide a verbal narrative update at the meeting.
10. Energy Reports:
Council will recall that it approved a contract with Deerstone Consulting to
take a look at the City’s buildings and fleet to analyze energy usage and make
recommendations regarding steps the City might take to conserve energy and save
money. Attached are two affiliated reports that are part of the main project.
The first has to do with the City’s fleet. It contains good suggestions on how
we might reduce energy costs. One thing that stood out to me is how many
vehicles the City has which are old and beyond the recommended replacement
date. This is exactly why we have fleet reserves! We are currently reviewing
the report on the library and asking for comments from other interested parties
and experts. We hope to have a set of recommendations to the Council soon
regarding what we can implement immediately and what will require a capital
expense. Attached is a memo from the LAB to me urging quick action.
11. Stimulus Money: At the last meeting, I mentioned that
the City was going to receive $163,000 in stimulus funding that was intended to
be general relief for municipalities to compensate for lost tax revenues. The
money is being funneled through the State Department of Community and Economic
Development. The program will take the form of a reimbursable grant. The grant
applicable forms will arrive in mid-August. The money can be used for almost
anything but it must target job retention or job creation. So in other words,
the City could use it for general operations in order to avert anticipated
layoffs. It could also use it for capital projects or other programs that
create jobs. Capital projects should be as close to “shovel ready” as possible
so that we can put people to work fast. Placing money into a depreciation account,
other reserve fund, or “rainy day account” to hedge against future revenue
declines would probably not be approved. Money for planning and design would
also probably be difficult. After the last meeting, Council member Wythe asked
me to come up with a list of possible projects from the existing CIP List or
any other ideas that we might have regarding how to use the money. Here is a
first stab at it for discussion purposes. These are all projects that I think
meet the criteria and get jobs on the street quick. Council would likely not
have to make a final decision until September.
Skyline Fire Station: Convert old water treatment plant to fire station.
Karen Hornaday Park Improvements: Implement First Phase of Adopted Master Plan, Parking
and Drainage Improvements.
Town Center Infrastructure: Phase One, Trail Construction.
Fish Dock Road Restroom: Complete financing and construct
Jack Gist Park Improvements / Phase I: Parking Improvements, maintenance equipment storage
building, concession stand.
Beluga Trail Reconstruction: Reconstruct Trail
Ben Walters Park Improvements / Phase II: Improve and Expand Parking Area, Improve Picnic
Shelter.
Fishing Lagoon Improvements: Dredging basin and entrance, erosion control
Implementation:
Place funds in the Sustainability Fund to be used for implementation of the
recommendations contained in the Deerstone Report, primarily retrofitting and
making city buildings more energy efficient.
Job Retention:
Appropriate funds specifically for labor costs in next years budget to avert
layoffs and prevent reductions in basic core city services.
Digester Project: Allocate the funds to cover a portion of the City’s local match if
this project is ultimately approved.
City
Manager Wrede reported that the Contract with the City Auditors is up and asked
Council to consider if they want to renew or put out an RFP. The PAC is
interested in expanding their scope of duties and fund raising for projects,
but will need an Ordinance amendment from Council if they are in support.
Borough Mayor Carey said the Borough is receiving some funding for roads and
about $8 million is undesignated. The Managers of the Borough cities are
looking for support from their Councils to approach the Borough to share that
funding since the cities have about 40% of the Borough population and about 30%
of the roads within the Borough.
Councilmember
Roberts said she liked the preliminary information from Deerstone and is
looking forward to the rest of the report.
B. Bid Report
C. Question of the Week – Are we better off or worse under Statehood?
City Council
will soon begin discussion for the 2010 budget. What important things should
they consider?
The Library Advisory
Board is looking for ways to get students involved in our City government such
as offering class credits for volunteering as a Student Representative on City
of Homer’s Commissions and Boards. What suggestions do you have that would
spark the interest of our students?
COMMITTEE REPORT
A. Public Arts Committee
B.
Transportation
Advisory Committee
Councilmember
Roberts reported about the Committees discussion that citizens are not fully
aware of opportunities and the process for road improvements. They are working
to get information out in the Kachemak Currants newsletter and question of the
week.
C. Permanent Fund Committee
D. Lease Committee
Mayor
Hornaday reported that the Statehood Committee was pleased with all who
participated in the July 4th events. The dinner and dance was a big
success.
PENDING BUSINESS
A. Ordinance 09-19, An
Ordinance of the City Council of the City of Homer, Alaska, Amending the Homer
City Zoning Map to Rezone a Portion of the Urban Residential (UR) District to
Residential Office (RO). City Manager/Planning. (Remand Instructions)
Memorandum 09-88 from City Attorney as backup.
Mayor Hornaday called for a motion to adopt the remand
recommendations provided by the city attorney in memorandum 09-88 and forward
them to the planning commission for action.
WYTHE/ROBERTS SO MOVED.
WYTHE/ROBERTS MOVED TO AMENDED TO FURTHER RECOMMEND
THAT FOR THE RESULTING INFORMATION FOR THIS REMAND AND FUTURE ZONING REVIEWS
THAT THE COMMISSION WOULD ALSO PROVIDE CONCISE WRITTEN DOCUMENTATION FOR THE
FINDINGS TO ENSURE AND/OR IMPROVE THE UNDERSTANDING OF THOSE THAT DID NOT
PARTICIPATE IN THE DISCUSSIONS WITH REGARDS TO THE RECOMMENDATIONS THEY MAKE.
Councilmember Wythe commented that a reason for the
amendment is because as they went through the information the attorney
provided, which will be going to the Commission too, the underlying issue was a
lack of concise detail for each one of their recommendations.
VOTE
(amendment): NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
VOTE:
(amended main motion) NON OBJECTION: UNANIMOUS CONSENT
Motion
carried.
A. Memorandum 09-97 From City Clerk Re:
Travel Authorization for Councilmember Zak’s Attendance at Alaska Municipal
League Summer Policy Meeting in Palmer, Alaska, August 12 – 14, 2009.
Mayor
Hornaday called for a motion for the approval of the recommendation of
memorandum 09-97.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
RESOLUTIONS
A. Resolution 09-73, A Resolution of the
City Council of Homer, Alaska, Awarding the Contract for the 2009 Paving
Project to the Firm of Alaska Roadbuilders, Inc. of Soldotna, Alaska, in the
Amount of $527,973.00 and Authorizing the City Manager to Execute the
Appropriate Documents. City Clerk.
Memorandum
09-91, from Public Works Director as backup.
Mayor Hornaday called for a motion for the adoption of
resolution 09-73 by reading of title only.
WYTHE/HOWARD SO MOVED.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
B. Resolution 09-74, A Resolution of the
City Council of Homer, Alaska, Acknowledging the Surplus Equipment Bid Results.
City Clerk.
Resolution 09-74(S), A Resolution of
the City Council of Homer, Alaska, Acknowledging the Surplus Equipment Bid
Results. City Clerk.
Mayor Hornaday called for a motion to substitute resolution
09-74(S)
WYTHE/LEWIS SO MOVED.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
Mayor Hornaday called for a motion for the adoption of
resolution 09-74(s) by reading of title only.
WYTHE/LEWIS SO MOVED.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
C. Resolution 09-75, A Resolution of the
City Council of Homer, Alaska, Approving the Long Term Leasing of Lot 21, Homer
Spit Subdivision No. 5, to the Seldovia Village Tribe for a Ferry Staging /
Loading Area, and Authorizing the City Manager to Negotiate the Terms of the
Lease and Related Agreements. City Manager.
Memorandum
09-92 from Lease Committee as backup.
Mayor Hornaday called for a motion for the adoption of
resolution 09-75 by reading of title only.
WYTHE/ROBERTS SO MOVED.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
D. Resolution 09-76, A Resolution of the
City Council of Homer, Alaska, Approving a Request by Homer Enterprises, LLC to
Sublease an Existing Building on Leased Land to Homer Shipping Center and
Authorizing the City Manager to Negotiate and Execute the Necessary Lease
Amendment. City Manager.
Memorandum
09-93 from Lease Committee as backup.
Resolution 09-76(S), A Resolution of the City Council of Homer, Alaska, Approving a Request
by Homer Enterprises, LLC to Sublease an Existing Building on Leased Land to
Homer Shipping Center and Authorizing the City Manager to Negotiate and Execute
the Necessary Lease Amendment. City Manager
Mayor Hornaday called for a motion to substitute
Resolution 09-76(S).
WYTHE/LEWIS SO MOVED.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
Mayor Hornaday called for a motion for the adoption of
resolution 09-76(S) by reading of title only.
WYTHE/LEWIS SO MOVED.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
E. Resolution 09-77, A Resolution of the
City Council of Homer, Alaska, Awarding the Contract for the 2009 Spit Parking Expansion
Project to the Firm of Arno Construction of Kachemak City, Alaska, in the
Amount of $76,434.00 and Authorizing the City Manager to Execute the
Appropriate Documents. City Clerk.
Memorandum
09-94, from Public Works Director as backup.
Mayor Hornaday called for a motion for the adoption of
resolution 09-77 by reading of title only.
WYTHE/NOVAK SO MOVED.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
F. Resolution 09-78, A Resolution of the
City Council of Homer, Alaska, Awarding the Contract for the City Hall
Emergency Generator Installation Project to the Firm of Steiner’s North Star
Construction of Homer, Alaska, in the Amount of $23,000.00 and Authorizing the
City Manager to Execute the Appropriate Documents. City Clerk.
Memorandum
09-96 from Public Works Director as backup.
Mayor Hornaday called for a motion for the adoption of
resolution 09-78 by reading of title only.
WYTHE/HOWARD SO MOVED.
There
was no discussion.
VOTE:
NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
COMMENTS OF THE AUDIENCE
Comments
of the Audience on any matter, 3 Minutes.
Leonard
Wells, city resident, commented about the Borough road money. He asked if the
City spent its own money on city roads, his main problem is he does not know
what are City roads and what aren’t. Mayor Hornaday responded that we do. Mr.
Wells continued that the discussion on ordinance 09-36 is a good one and
suggested the City do away with the LIDs. Passing something like the 09-36
since the owner tried to get an LID and neighboring properties wouldn’t do it
so now he is going around the LID and getting the City to do it, he could put in
the water line and pay for it himself and go. Regarding ordinance 09-33 Mr.
Wells questioned whether the call out would be for businesses or just residents
and vacant lots only. He asked they consider that if it is going to include
business establishments, whether the number of call outs would be the same.
Donna
Rae Faulkner, city resident, brought 6 year seawall cupcakes for everyone to
enjoy. She commented that it has been 6 years since the seawall was constructed
and deemed complete by Public Works Director Meyer. She said she and her
husband Don McNamara are not asking for a bailout but they are not going to go
quietly into the night and they hope to avoid any future litigation. They have
kept their agreement with the City and they expect the City to do the same. She
asked why a maximum of 12 different property owners now choose to voluntarily take
on 100% of the maintenance, repair, improvements, and insurance of a project six
years after it was accepted by the City as complete and many have done
different things with their property that we had no control over. We never intended
to become accountable and were never asked to become accountable for everyone else’s
decisions on their property. She said they respectfully request the Council
either A, the preferred option, rescind the seawall ordinance and refund the
property owners for all funds and interest collected as per the majority of
property owner’s letter as of June of this year. The majority of property
owners do not support and do not want this property owners association for a
million reasons. Or B, then remove their property, and others property if they
so deem, from the special service district if the are paid on their assessment
or if they are making payments on schedule as they agreed; earnestly maintaining
their section of the seawall as they agreed to do as per instruction from
Public Works Director Meyer, Phukan, and ACOE. She said on their section alone
they have spent over $10,000 on maintenance. She feels their seawall is in really
good shape because they have made that investment. For them to be paying for
the special service district to people who are not on the up and up is ridiculous.
If the Council is willing to do that, she hopes they will make it fair for
others who have other issues going on, if they don’t fit in those criteria have
them make contributions for those who remain in the special service district.
If they keep people in there, then make it more equitable so the association is
truly accountable if they truly believe it can be. Ms. Faulkner stated that
Homer Citizens for Erosion Control (HCEC) is not supported by a majority of the
property owners as seen in the petition letter she sent Council last month. It
is not an eligible entity to collect money under the ordinance for a number of
reasons. Attorney Tracey Tillion has said that their bylaws have not been signed
yet and that was over a year ago. The citizen director’s process and commitment
is questionable at best and does not have their trust. It is unsuitable as an
association and the three directors have only gotten two property owners to
become members and one lives in California and is here only two weeks at a
time. It incurs costs that are unnecessary and that money could be put into
maintenance. The ordinance and special service district is simply wrong,
unjust, and inequitable. The mil rate is based on full property value. There
are two property owners that have hundred foot linear sections ones payment is
$49 and the others $1616. They have talked to Shane Horan and he says there are
other ways to do it, like the road improvement districts and resolutions. She
is disappointed to think this is the only way the City sees it because it is so
unfair. The seawall is not equal to start with. They have done maintenance and
repair in many places, there are a lot of actions done on other people’s
properties that weren’t approved by everyone, and some of those places are
where a majority of the problems are. The HCEC are doing things like an announcement
that to be a member in good standing you need to pay Larry Goode under the
table before it goes on the books. For their property the amount would be over
$3000 for repairs he has had done. She just thinks it is ridiculous. The
association has no method of handling anything, no annual budget, they haven’t had
regular meetings. She apologized if she sounds disrespectful but she is very
passionate about this and upset about the injustice.
Don
McNamara, city resident, added that they have been coming to the City since
1999 on the seawall. After the seawall was done in 2006 and Ordinance 06-60 was
passed and there was an eligible entity the City would release that money. Well,
supposedly there is an entity now, they have put in thousands of dollars for
repairs and asked the entity how they would be reimbursed through the
ordinance. The association said they wouldn’t address it until they became
members of the association. HCEC has their money and they aren’t getting anywhere
with the association. He asked if they have any ideas for other options to make
this work. Mr. McNamara added that the City has their Lot 79 in Oscar Munson
subdivision possibly up for sale. He encouraged the Council to maintain that as
park space for the neighborhood as the Parks and Recreation was under the assumption
for the plan for that lot. It has some old growth
COMMENTS OF THE
City
Attorney Suozzo had no comment.
COMMENTS OF THE
Deputy
City Clerk Jacobsen said the candidacy filing period for the October election
is August 3rd through 17th. Forms are available online
and at the City Clerk’s Office.
COMMENTS OF THE
City
Manager Wrede had no comment.
COMMENTS OF THE MAYOR
Mayor
Hornaday said he is out on 3rd for cancer tests and will be leaving
things in Dennis’s good hands.
COMMENTS OF THE
Mayor
Pro Tempore commented that he is looking forward to more cupcakes.
Councilmember
Zak thanked Ms. Faulkner for the cupcakes.
Councilmembers
Wythe, Lewis, and Howard had no comments.
ADJOURNMENT
There
being no further business to come before the Council the meeting was adjourned
at 9:38 p.m. by Mayor James C. Hornaday. The next Regular Meeting is scheduled
for Monday, August 10, 2009 at 7:00 p.m. The next Committee of the Whole is
scheduled for Monday, August 10, 2009 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.
MELISSA JACOBSEN, CMC, DEPUTY
Approved: