Session 08-21 a Regular Meeting of the Homer City Council was called to order on July 28, 2008 at 7:00 p.m. by Mayor James C. Hornaday at the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

 

PRESENT:     COUNCILMEMBERS:        HEIMBUCH, HOWARD, NOVAK, ROBERTS,                                                                               SHADLE, WYTHE

                       

                        STAFF:                                   CITY MANAGER WREDE

                                                                        CITY CLERK JOHNSON

                                                                        ACTING CITY PLANNER ENGEBRETSEN

                                                                        PUBLIC WORKS DIRECTOR MEYER

 

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

 

AGENDA APPROVAL

 

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

 

Approved by consensus of the City Council with the following changes:

Announcements/Presentations/Borough Report/Commission Reports - Corrected # Memorandum 08-109 from Economic Development Advisory Commission; Public Hearings - Ordinance 08-22(A) – Memorandum 08-81 from City Planner as backup; Ordinance 08-25(A) – Written public comment; Ordinance(s) - Ordinance 08-30(S) – Supplemental Ordinance; Resolutions - Corrected # Memorandum 08-110 from City Clerk.

 

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

 

Eric Morrison, Partnership Specialist for the Bureau of the Census, thanked Council for Resolution 08-80 in support of the census. 

 

Leonard Wells, city resident, commented on Ordinance 08-32, questioning the seasonal nature of the sales tax exemption. He asked for sales tax exemption on gasoline and heating fuel, as they are taxed higher than food. He commented on Ordinance 08-34 that the Permanent Fund was set up for unexpected revenues, and if there is that much money the mil rates should be cut and returned to the citizens of Homer. He questioned what is small business as outlined in Ordinance 08-35 and why the temporary reduction of water and sewer bills. As to Ordinance 08-36, replacement of the dock at Ben Walters Park is a budgeting item that was not very important last year; it could be on the 2009 budget. Ordinance 08-31 taking over parking enforcement on State and Federal roads on the Spit may be a good idea; the City should take over the cost of maintaining the State road too. As to Memorandum 08-107 he is not sure what the adverse effects would be; they should be explained.

 

Robert Archibald, city resident, favors Resolution 08-84. There is a vast quantity of people working on the project that would tie in recreational plans in the Diamond Creek area. It would be a grand acquisition that the City could be proud of.

 

Dave Brann, city resident, supports Resolution 08-84 as an opportunity for the City and residents. It would protect Diamond Creek and set aside lands for education, recreation, habitat and open space. The initial concept was put forth in 1971 and at one point over 500 acres of the Diamond Creek watershed was set aside for the Homer demonstration forest. It was reduced to 360 acres.  

 

Frank Griswold, city resident, asked for correction of the June 23rd minutes per his email. He does not know Tom Bos or Jeff Sinn, but both are building contractors who will likely have conflicts of interest in matters before the Planning Commission. Both appear to have no educational or training in zoning or planning. The Mayor has created an unbalanced Planning Commission by favoring realtors, building contractors and those who favor rampant development. The Planning Commission now functions more as an economic development commission. Appointments of commissioners with inherent conflicts of interest risks violation of the new conflict of interest code, specifically HCC 1.18.030(f). As to Ordinance 08-30 there is no indication the Planning Commission has considered or will be allowed to consider size limitations. It failed to designate size limits for the marine districts. Mr. Griswold supports Ordinance 08-36 to replace the Ben Walters dock; it is a special, yet neglected park that has been taken over by drug dealers and undesirable people.

 

Stephanie Zuniga, Diamond Ridge resident, supports Resolution 08-84. It is an incredible addition to protected lands in that corridor of the Diamond Creek watershed. It would add to the State park protected lands and make a lovely corridor and something for Homer to be proud of.

 

Unknown speaker supports Resolution 08-84.

 

Dean Ravin, Homer resident, thanked Mayor Hornaday for introducing Ordinance 08-32 and Resolution 08-83. He urged Council to consider and pass both measures.

 

RECONSIDERATION

 

None.

 

CONSENT AGENDA

 

(Items listed below will be enacted by one motion. If separate discussion is desired on an item, that item may be removed from the Consent Agenda and placed on the Regular Meeting Agenda at the request of a Councilmember.)

 

A.        Homer City Council unapproved meeting minutes of June 23, 2008 Special and Regular            Meeting, and July 14, 2008 Special Meeting. City Clerk.

 

Moved to New Business.                                 

 

B.         Memorandum 08-95, from Deputy City Clerk, Re: Liquor License Restaurant             Designation Permit – Alice’s Champagne Palace.                                         

 

C.        Memorandum 08-96, from Mayor, Re: Appointment of Tom Bos and Jeff Sinn to the Homer Advisory Planning Commission and Bill Smith, Marie Walker, Heather Beggs        and Craig Forrest to the Alaska Statehood Anniversary Committee.

 

Moved to New Business.         

 

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

 

VISITORS

 

A.                 Roberta Highland – Tulin Skyline Heights Subdivision

 

Councilmember Shadle excused himself due to a conflict of interest.

 

Roberta Highland, President of the Kachemak Bay Conservation Society, presented a map of the Diamond Creek area. There is a large open space surrounded by many subdivisions. Benefits of the acquisition of 205+ acres in the Tulin Skyline Heights Subdivision include habitat for wildlife and recreational opportunities for people. The property would be acquired with funding from the Federal Forest Legacy Program through the Alaska Division of Parks and Outdoor Recreation.

 

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH    REPORT/COMMISSION REPORTS

 

A.        Mayor Proclamation – Health Center Week August 5-11, 2008.                      

 

B.         Memorandum 08-109 from Economic Development Advisory Commission, Re: Support           for Tax Relief.                                                                                                  

 

C.        Thank You from Governor Palin.                                                                     

 

Bill Smith, Kenai Peninsula Borough Assembyman, provided an update on the Borough ordinance to exempt nonfood items. The petition will be submitted today and if the measure is placed on the October ballot, it will apply to sales tax collected by the City.

 

Michael Hawfield Chair of the Library Advisory Board, provided an update on the art exhibition program and RFP for the exterior sign.

 

Linda Martin, Library Advisory Board, reported on work of the Landscape Committee. Volunteer efforts to maintain the native grass and shrubbery have proved successful.

 

Dean Ravin, Economic Development Advisory Commission, urged support of Resolution 08-83 for a reduction of the mil rate and Ordinance 08-32 for tax exemption on nonfood items.

 

Mayor Hornaday expressed his appreciation of the Court House expansion. Representative Don Young will visit Homer on August 6th.

 

PUBLIC HEARING(S)

 

A.        Ordinance 08-22(A), An Ordinance of the City Council of Homer, Alaska,      Appropriating   an Amount Not to Exceed Fifty Thousand Dollars $50,000 from the          Planning Reserves for an Update of the Homer Spit Comprehensive Plan. City         Manager/Planning. Introduction June 23, 2008, Public Hearing and Second Reading      July 28, 2008.                                                                                                 

 

            Memorandum 08-81 from City Planner as backup.      

 

Frank Griswold, city resident, questioned a 2007 Comprehensive Plan update as stated in the ordinance. There was a 2007 and 2008 draft. Although the 2008 draft includes the Homer Spit, most other districts were not addressed as thoroughly as the Spit. It can be argued the entire Comprehensive Plan the City spent over $100,000 on is now obsolete due to failure of the ballot proposition on Town Center. Revising the Spit Plan should not cost anywhere near $50,000; the 1999 update only cost $25,000. Why does the Spit Plan need to be amended already? The new City Planner and Planning Commission should be able to handle it in-house. It is an unnecessary misappropriation of funds.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-22(A) by reading of title only for second and final reading.

 

NOVAK/WYTHE – SO MOVED.

 

NOVAK/ROBERTS – MOVED TO POSTPONE THE SECOND READING UNTIL SEPTEMBER 8, 2008, AT WHICH TIME THE NEW PLANNING DEPARTMENT HEAD WILL BE IN HIS OFFICE AND WILL HAVE HAD A CHANCE TO LOOK THIS OVER AND THEN I WANT TO GET HIS INPUT ON IT.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Ordinance 08-24, An Ordinance of the City Council of Homer, Alaska, Combining the Conflict of Interest Code 1.12 and the Code of Ethics 1.18 Entitled Conflicts of Interest, Partiality, and Code of Ethics, Chapter 1.18. Roberts. Introduction June 23, 2008, Public Hearings July 28, 2008 and August 11, 2008 and Second Reading August 11, 2008.

 

            Ordinance 08-24(S), An Ordinance of the City Council of Homer, Alaska, Combining the Conflict of Interest Code 1.12 and the Code of Ethics 1.18 Entitled Conflicts of Interest, Partiality, and Code of Ethics, Chapter 1.18. Roberts. Introduction June 23, 2008, Public Hearings July 28, 2008 and August 11, 2008 and Second Reading August 11, 2008.                                                                                                         

 

 

HOWARD/ROBERTS –MOVED TO AMEND TO SUBSTITUTE ORDINANCE 08-24(S).

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Frank Griswold, city resident, commented there is no consequence for not filing a Financial Interest Disclosure Statement or for filing an incomplete one. Line 428: de minimis personal use is not defined. The conflict of interest should apply to the third degree of consanguinity. Line 173 “An organization is a person” needs explanation. If the pecuniary gain or loss is not readily discernible there should be a clause stating how the determination will be made. Situations of personal interest or close friendships should be explained. If repetitive financial affiliations are foreseeable the $1,000 limit should apply, rather than expanding to $5,000. Leaving the financial interest bar at $300 would eliminate the $5,000 repetitive financial affiliation. He questioned if it was a conflict of interest for Council to change the $300 standard, although the doctrine of necessity may apply. Line 235: arbitrary as some zone may have many parcels and another few, it should be made 10% to be consistent. Line 287: there is a typo for lack of a year. Those living within 300 ft. have a conflict of interest; there should be explanation for those 301 feet away.

 

Leonard Wells, city resident, asked why the APOC part is in the ordinance when Council cited they were going to override the voters when APOC was required at the State level. They gave cities like Homer the option of including reporting; Homer voted not to. If the Council was interested in doing what the citizens wanted they would put it to a vote for the citizens.

           

C.        Ordinance 08-25(A), An Ordinance Revising Homer City Code Chapter 1.80             Concerning Disclosure of Public Records. Novak. Introduction June 23, 2008, Public      Hearing and Second Reading July 28, 2008.    

 

Frank Griswold, city resident, said although it was stated the ordinance was along the lines of the Kenai Peninsula Borough ordinance, he only found one section that matched. The existing City Code is one of the few sections of code very well written; the KPB should copy us. The Borough code is not near as restrictive as Ordinance 08-25(A). HCC 1.80.050 allows the City Manager to set guidelines for inspection; he questioned why sections a-f are deleted. Blanket attorney/client privilege has not been recognized by the Alaska Supreme Court or Alaska Statutes. There is no provision for the Council release of confidential attorney opinion. The mere threat of litigation is insufficient to deny public records request. Providing reasonable, prompt response is ambiguous.  

 

Bob Shavelson, Executive Director of Cook Inlet Keeper, is concerned about Ordinance 08-25(A). Exemptions are the largest section of the proposed ordinance. AS 43.90.150 and 43.90.220 are exemptions under the Alaska Gas Inducement Act (AGIA). It is apparent a corporate lawyer drafted the document. The way to shut off documents to the public is to simply insert a lawyer into the discussion. Once a lawyer is in the loop the document becomes complicated, creating a high hurdle for citizens to obtain documents. He agrees with Mr. Griswold that the current code is well written.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-25(A) by reading of title only for second and final reading.

 

NOVAK/HEIMBUCH – SO MOVED.

 

Councilmember Heimbuch applauded Councilmember Novak and stated it was nothing more than an attempt to rise to the level of demands placed by individuals on the city. It is a practice that has to be stopped. Everyone in the room and at the table is aware there are practices that need to be stemmed. The media has overplayed it in a big way. It is a means to reimburse the city for an inordinate amount of staff time and demand that has been going on for some time.

 

NOVAK/ROBERTS – MOVED TO AMEND LINE 110 TO DELETE “AND PAYROLL”.

 

Councilmember Novak stated payroll records should be available to reflect expenses paid by the City.

 

City Manager Wrede stated he had discussion with Personnel Director Sheri Hobbs. Compensation package is available for a single employee. Releasing payroll records would include personal information. A lot of information could be released in the aggregate. We are reluctant to release actual pay stubs.

 

Councilmember Roberts said it is not appropriate to release monthly payroll stubs. The compensation rate should be public.

 

VOTE: NO. WYTHE, SHADLE, HOWARD, NOVAK, HEIMBUCH, ROBERTS

 

Motion failed.

 

HOWARD/ROBERTS – MOVED TO AMEND LINE 26 TO READ: IT IS THE INTENTION OF THE CITY TO PROVIDE PROMPT AND REASONABLE ACCESS TO NON CONFIDENTIAL PUBLIC RECORDS ACCORDING TO LAW SO THAT THE PEOPLE OF THE CITY MAY BE WELL INFORMED AT ALL TIMES AS TO MUNICIPAL BUSINESS. THIS CHAPTER SHOULD BE CONSTRUED TO REQUIRE DISCLOSURE OF PUBLIC RECORDS OF THE CITY AS REQUIRED BY AS 40.25, SUBJECT TO THE EXCEPTIONS, EXEMPTIONS, AND PRIVILEGES PROVIDED IN THIS CHAPTER, IN AS CHAPTER 40.25, OR AS OTHERWISE PROVIDED BY LAW.

 

Councilmember Howard defended the language as powerful and meaningful.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

HOWARD/NOVAK - MOVED TO AMEND LINE 299 TO BE CONSISTENT WITH THE TIME FRAME THAT THE CITY COUNCIL WILL CONSIDER AND DECIDE THE APPEAL WITHIN 30 DAYS.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

The thirty day time frame is to keep the decision time consistent.

 

Councilmember Shadle voiced his reluctance in approving the ordinance with the absence of review by the new City Attorney. 

 

SHADLE/ROBERTS - MOVED TO POSTPONE TO AUGUST 11, 2008.

 

It was clarified the ordinance has gone before the current City Attorney. City Manager Wrede had no objections to the amendments.

 

VOTE: YES. SHADLE, HEIMBUCH

VOTE: NO. ROBERTS, WYTHE, HOWARD, NOVAK

 

Motion failed.

 

VOTE: (main motion as amended): YES. HEIMBUCH, ROBERTS, WYTHE, SHADLE, HOWARD, NOVAK

 

Motion carried.

 

D.        2009 Budget Priorities

 

There was no public testimony.

 

Mayor Hornaday called for a recess at 8:09 p.m. and reconvened the meeting at 8:13 p.m.

 

ORDINANCE(S)

 

NOVAK/ROBERTS - MOVED FOR IMMEDIATE RECONSIDERATION OF ORDINANCE 08-25(A).

 

There was no discussion.

 

VOTE: YES. HOWARD, NOVAK, HEIMBUCH, ROBERTS, WYTHE, SHADLE

 

Motion carried.

 

NOVAK/ROBERTS - MOVED TO APPROVE ORDINANCE 08-25(A).

 

There was no further discussion.

 

VOTE: YES. HOWARD, NOVAK, HEIMBUCH, ROBERTS, WYTHE 

VOTE: NO. SHADLE

 

Motion carried.

 

A.        Ordinance 08-26, An Ordinance Amending the Homer Zoning Code to Change Size    Limitation on Wholesale and Retail Structures in the CBD, GC1 and GC2 Zoning      Districts. City Manager. (concerning size limitations on wholesale and retail          structures that were invalidated by the Alaska Supreme Court.) City Manager.   Recommended Dates: Introduction July 28, 2008, Public Hearing and Second             Reading August 11, 2008.                                                                               

 

            Memorandum 08-103 from City Attorney as backup.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-26 for introduction and first reading by reading of title only.                                  

 

ROBERTS/WYTHE - SO MOVED.

 

Ordinance 08-26 contained the size limitation numbers, but they were crossed out in the ordinance. City Manager Wrede explained the crossed out square footage numbers on the ordinance are the sizes for various zoning districts that were in place prior to the ballot initiative. Ordinance 08-26 will restore the square footage limits per Supreme Court No. S-1226 Opinion (Frank Griswold vs. City of Homer 3HO-04-132CI).

 

ROBERTS/NOVAK – MOVED TO AMEND LINE 90 TO PUT THE LINED OUT 45,000 IN, LINE 151 TO PUT THE LINED OUT 35,000 IN, LINE 156 TO PUT THE LINED OUT 55,000 IN, LINE 160 TO PUT THE LINED OUT 25,000 IN AND LINE 216 TO PUT THE LINED OUT 45,000 IN.

 

The ordinance was drafted by the City Attorney to implement the will of the Supreme Court.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Ordinance 08-27, An Ordinance of the City Council of Homer, Alaska, Amending the             Homer City Code Section 21.53.040 to Add a Subsection to Add the Building Height       Limitation at Thirty-Five Feet. City Clerk. (HCC correction) Recommended Dates:         Introduction July 28, 2008, Public Hearing and Second Reading August 11, 2008.                       

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-27 for introduction and first reading by reading of title only. 

 

NOVAK/WYTHE – SO MOVED.

 

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

C.        Ordinance 08-28, An Ordinance of the City Council of Homer, Alaska, Accepting and Appropriating an Alaska Department of Natural Resources (DNR) Recreational Trails Grant of $50,000 for the Reber Trail and Authorizing the City Manager to execute the Appropriate Documents. City Manager/Planning. Recommended Dates: Introduction July 28, 2008, Public Hearing and Second Reading August 11, 2008.                               

 

            Memorandum 08-98 from Special Projects Coordinator as backup.     

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-28 for introduction and first reading by reading of title only.

 

HOWARD/ROBERTS – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

D.        Ordinance 08-29, An Ordinance Amending Homer City Code Chapter 21 Zoning and             Planning (Rewrite). Planning Commission. Recommended Dates: Introduction July 28,         2008,   Public Hearing and Second Reading August 11, 2008.                    

 

            Memorandum 08-97 from Attorney Gordon Tans as backup.               

            Memorandum 08-99 from Acting City Planner as backup.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-29 for introduction and first reading by reading of title only.

 

HOWARD/NOVAK – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.                        

 

E.         Ordinance 08-30, An Ordinance Amending the Homer Zoning Code to Change Size    Limitations on Wholesale and Retail Structures in the CBD, GC1 and GC2 Zoning           Districts. Howard. Recommended Dates: Introduction July 28, 2008, Refer to Advisory     Planning Commission, Public Hearing and Second Reading September 8, 2008.

 

            Ordinance 08-30(S), An Ordinance Amending the Homer Zoning Code to Change Size           Limitations on Wholesale and Retail Structures in the CBD, GC1 and GC2 Zoning      Districts. Howard. Recommended Dates: Introduction July 28, 2008, Refer to Advisory   Planning Commission, Public Hearing and Second Reading September 8, 2008.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-30 for introduction and first reading by reading of title only.          

 

HOWARD/NOVAK – SO MOVED.

 

HOWARD/ROBERTS - MOVED TO AMEND TO SUBSTITUTE ORDINANCE 08-30(S) AS IN THE SUPPLEMENTAL PACKET.

 

There was no discussion.

 

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

 

Motion carried.

 

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

 

Motion carried.

 

F.         Ordinance 08-31, An Ordinance of the City Council of Homer, Alaska, Creating an Appointed Board of Ethics in the Homer City Code Section 1.79.  Roberts. Recommended Dates: Introduction July 28, 2008, Public Hearing and Second Reading August 11, 2008.                                                                                           

 

ROBERTS/NOVAK – MOVED FOR THE ADOPTION OF ORDINANCE 08-31.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

G.        Ordinance 08-32, An Ordinance Amending the Homer Sales Tax Code to Seasonally Exempt Sales of Nonprepared Food. Mayor. Recommended Dates: Introduction July 28, 2008, Public Hearing and Second Reading September 8, 2008.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-32 for introduction and first reading by reading of title only.

 

SHADLE/ROBERTS – SO MOVED.

 

WYTHE/ROBERTS - MOVED TO POSTPONE THIS ORDINANCE UNTIL THE SECOND MEETING IN OCTOBER WHICH WILL PLACE IT AFTER THE ELECTION AND WE WILL KNOW WHAT THE BOROUGH RESULT IS.

 

There was no discussion.

 

VOTE: (postponement) YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

The definition of non prepared foods is the same as whatever qualifies for food stamp items.

 

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

 

Motion carried.

 

H.        Ordinance 08-33, An Ordinance of the City Council of Homer, Alaska, Appropriating an         Amount Not to Exceed $15,000 from the Port and Harbor Reserves for a Parking Study          on the Homer Spit. City Manager/Port and Harbor Advisory Commission. Recommended Dates: Introduction July 28, 2008, Public Hearing and Second Reading August 11, 2008.

                                                                                                                                   

            Memorandum 08-107 from City Manager as backup.

 

Mayor Hornaday called for a    motion for the adoption of Ordinance 08-33 for introduction and first reading by reading of title only.

                       

NOVAK/ROBERTS – SO MOVED.

 

Councilmember Heimbuch requested the Port and Harbor Advisory Commission have maximum authority input. Improvements for parking on the Spit would involve wholesale changes in zoning, overslope development, curtail of traffic and more.

 

City Manager Wrede would like to see the Commission flush out the scope of work more. There has been general discussion to identify problems. Anticipating future parking problems would require looking at land use patterns and regulations. The recommendation for the parking study came from the joint worksession of the Port and Harbor and Planning Commissions. The Planning Department sees the study as complementary to the Spit Plan for future land use decisions.

 

Councilmember Heimbuch noted three months of the year there is maximum density and crowding, the other nine months the Spit is empty. He struggles with payment of $15,000 to tell us what we already know. Parking could be streamlined, yet there is a host of people with leases and private property on the Spit that are in violation of parking codes that we do not enforce. It is a wonderful carnival on the Spit with everyone having a good time. He asked why we are messing with it.

 

Councilmember Novak said to complete a parking study, they would need to visit the Spit in the summer. By the time this comes around it will be winter.

 

NOVAK/HEIMBUCH - MOVED TO AMEND THE SECOND READING TO SEPT 8TH.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

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

 

Motion carried.

 

I.          Ordinance 08-34, An Ordinance of the City Council of Homer, Alaska, Appropriating Six Hundred Thousand Dollars ($600,000) from the General Fund Reserves and Transferring Those Funds to the Permanent Fund. Wythe. Recommended Dates: Introduction July 28, 2008, Public Hearings August 11 and 25, 2008 and Second Reading August 25, 2008.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-34 for introduction and first reading by reading of title only.                                                                                              

 

WYTHE/HEIMBUCH – SO MOVED.

 

WYTHE/HEIMBUCH - MOVED TO POSTPONE THE PUBLIC HEARING TO THE FIRST MEETING IN OCTOBER WITH THE PUBLIC HEARING AND SECOND READING TO THE SECOND MEETING IN OCTOBER TO AGAIN KEEP WITH THE BUDGET PROCESS.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Asked if there would be sufficient funds for the appropriation, Councilmember Wythe expressed confidence in allocating the funds to the Permanent Fund.

 

City Manager Wrede noted the projection of significant cost overruns in fuel and electricity this year. When the cost overruns are known, a budget amendment prior to the end of the year will be presented to Council. If the 2008 Budget is amended for cost overruns it will cut into the money for the Permanent Fund and relief for water and sewer bills. The 2007 Budget had revenues that exceeded expenditures by $1.1M; the money remains in the General Fund and has not been appropriated to any other fund.

 

Mayor Hornaday asked where the $4 M was. The $4M is in the General Fund Reserves and is $1.6 M short of recommended reserves. In the last five years we have had a $5M improvement.     

 

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

 

Motion carried.

 

J.          Ordinance 08-35, An Ordinance of the City Council of Homer, Alaska, Appropriating Five Hundred Thousand Dollars ($500,000) from the General Fund Reserves for the Purpose of Reducing Water and Sewer Bills for Small Businesses on a Temporary Basis. Mayor. Recommended Dates: Introduction July 28, 2008, Public Hearing and Second Reading September 8, 2008.                                                                           

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-35 for introduction and first reading by reading of title only. 

 

SHADLE/WYTHE – SO MOVED.

 

WYTHE/SHADLE - MOVED TO POSTPONE TO THE FIRST MEETING IN OCTOBER.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

NOVAK/ROBERTS - MOVED TO AMEND TO DELETE “FOR SMALL BUSINESSES ON A TEMPORARY BASIS” AND REPLACE “FOR THE PURPOSES OF REDUCING WATER AND SEWER BILLS ON A TEMPORARY BASIS.”

 

The amendment will bring everything the same across the board. Councilmember Shadle asked the appropriation be for city residents only.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

WYTHE/ROBERTS – MOVED TO AMEND TO STRIKE THE LAST WHEREAS AND STRIKE “SMALL BUSINESS” IN THE REMAINING SECTION.

 

Asked if the City relied on DEC for development of the water and sewer system, City Manager Wrede answered the City does ask for funding. Voters approved the HAWSP (Homer Accelerated Water and Sewer Program) that taxes citizens a percentage for improvements of the water/sewer system. The HAWSP is helpful in obtaining grants and loans as there is already an identified revenue source.

 

Asked if a $500,000 allocation to subsidize the Enterprise Fund would affect leverage to grants and loans, City Manager Wrede answered Enterprise and General Funds are generally kept separate. There are cities that subsidize water and sewer rates in creative ways.

 

Citizens are complaining about costs; lowering water rates on small business does not include residents in need.

 

Councilmember Wythe said the Enterprise Fund is supposed to be self-sustaining. We may need to go back to the voters and ask if part of the collected tax may be used for the basic operating expenses of the water system. The failure of the water system is due to inadequate infilling to pay for the system we elected to purchase.

 

Councilmember Shadle expressed the need to include businesses and residences in the city limits, it should not include businesses outside city limits where water may be shipped. 

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

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

 

Motion carried.

 

K.        Ordinance 08-36, An Ordinance of the City Council of Homer, Alaska, Appropriating an Amount Not to Exceed $60,000 from the General Fund Depreciation to Replace the Dock at Ben Walters Park. City Manager. Recommended Dates: Introduction July 28, 2008, Public Hearing and Second Reading August 11, 2008.                                 

 

            Memorandum 08-105 from City Manager as backup.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-36 for introduction and first reading by reading of title only.                                  

 

ROBERTS/NOVAK – SO MOVED.

 

Mayor Hornaday reflected when his wife was head of the Parks and Recreation Advisory Commission and the problems encountered when the walk and dock was placed at Ben Walters Park. It is a navigable stream and body of water with wetlands and migratory birds. He suggested the ordinance include language subject to all permits.

 

Mayor Hornaday called for a motion to amend Ordinance 08-36 to include the language “subject to all permits”.

 

WYTHE/NOVAK – SO MOVED.

 

There was no discussion.

 

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

 

Motion carried.

 

Options for grant monies were discussed. Acting City Planner Engebretsen stated recreation grants are few and far between and the upgrades do not fit recreational or trails grants. We will need significant permits for the project.

 

Councilmember Wythe pointed out there are depreciation funds to pay for the dock.

 

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

 

Motion carried.

 

L.         Ordinance 08-37, An Ordinance of the City Council of Homer, Alaska, Accepting and Appropriating an Increase to the FY 2007 Legislative Water Treatment Plant Grant (Approved in FY 2008) in the Amount of $1,272,000, and Providing for the Local Match and Authorizing the City Manager to Execute the Appropriate Documents. City Manager.  Recommended Dates: Introduction July 28, 2008, Public Hearing and Second Reading August 11, 2008.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-37 for introduction and first reading by reading of title only. 

 

WYTHE/HOWARD – SO MOVED.

 

Councilmember Shadle asked why we are taking funds from the roads fund (HART) when the project is for water and sewer.

 

City Manager Wrede explained the storm water will come from HART as it is part of the drainage for the road. The water and sewer is coming from depreciation funds.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

M.        Ordinance 08-38, An Ordinance of the City Council of Homer, Alaska, Authorizing an Expenditure of Water Sewer Depreciation Reserve funds and Homer Accelerated Roads and Trails Program (HART) Funds for the Purpose of TVing and Repair of Sewers and Storm Drains. Public Works/City Manager. Recommended Dates: Introduction July 28, 2008, Public Hearing and Second Reading August 11, 2008.                   

 

            Memorandum 08-106 From Public Works Director as backup.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-38 for introduction and first reading by reading of title only.                      

 

WYTHE/ROBERTS – SO MOVED.

 

Mayor Hornaday jokingly commented if we were back in Iowa people from Minnesota would be hired to do the sewer project.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

CITY MANAGER’S REPORT

 

A.        City Manager’s Report 

 

  1. Scenic Highway Plan Completed: The North and South Sterling Byways Corridor Partnership Plan is now complete after several years of work. You may recall that this plan was completed via a grant to the City of Homer that was administered by Anne Marie and Jo Earls. Now that this plan is complete, the North and South segments of the Sterling Byway are eligible for National Scenic Byway grant funding. If funded, this grant would be administered by the Alaska Department of Transportation. Some money remains in the existing grant to prepare the application for a National Scenic Byway designation and we anticipate it will be submitted before the end of January. The application will be prepared by the consultants who prepared the Partnership Plan. For more information on this, please contact Anne Marie. She can also provide you with a hardcopy or PDF version of the Plan if you would like to see it.
  2. Contract Signed / Deerstone Consulting: At a recent meeting, the Council approved a contract with Deerstone Consulting to help the City implement its Climate Action Plan. The contract has been signed and Deerstone is already hard at work. The group conducted a visit / inspection of City Hall last week and a meeting to discuss expectations and long range goals is scheduled for July 7th. Rapidly rising fuel and electric costs have made this work increasingly urgent.
  3. City / HEA receive AEA Grant: We recently received word that the City was awarded a grant from the Alaska Energy Authority to conduct a feasibility study and to design turbines that would generate electricity from the pressure in the water pipes delivering drinking water from the bluff. This is an exciting project and we look forward to working with HEA on it.
  4. Pratt Fuel Tank: This project is now complete and the grant is closed out. You will recall that the Council appropriated a capital project grant to the Pratt to dig up and relocate its fuel tank. The grant was reimbursable and the Pratt was responsible for the project. All went well.
  5. Wireless Hearing Amplification / Council Chambers: We have been receiving comments from both people sitting at the Council table (Commissioners) and members of the audience that they have difficulty hearing in the Council Chambers. The Clerks have tried every trick they know to rectify the situation but it still does not help for some who are trying to participate in public meetings. This is an equal access to government issue and we take it seriously. Jo and I determined that it needed to be addressed quickly. We asked the company who provided the current amplification system for a list of options to upgrade the system and settled on a wireless headset package in which the user can set his or her own amplification level. The headsets can be requested and checked out at the Clerk’s office before each meeting. We spent approximately $2,500 on this and charged it to the City Hall equipment budget.
  6. Tribute to Performing Artists Wall Refurbishment (Nomar Wall): Tom Reed is the original artist who created the Tribute to Performing Artists Wall. He is in town this summer and informed the Public Arts Committee that he had an interest in sealing the cracks in the wall, repainting it, and adding some additional Homer performing artists. The wall is owned by the City of Homer and the Parks crew generally maintains it when needed. The Public Arts Committee liked this proposal. Repairing and repainting the wall was endorsed by the Public Works Parks Maintenance staff also. This year’s Operating Budget contains $4,000 for maintenance and upkeep of public art. The Committee thought that this would be a good and appropriate use of some of the money. Mr. Reed will be paid $500 for supplies and $1,500 to do the work. The Arts Committee is actively soliciting nominations for additional performing artists to be added to the mural.
  7. Library Landscape Committee: The Library Landscape Committee is hard at work and has already held several meetings. You may have noticed the volunteers out there pulling weeds. The Committee has reviewed the original landscape plan for the LEED, low maintenance areas. Recall that these were the areas within the overall landscape plan that were to be low maintenance (no grass mowing, watering, and minimal weeding). Money for this work was cut from the original construction budget but Council included $30,000 in this year’s operating budget to accomplish the work. The Committee has consulted with a Horticulturalist about the plan and other types of native, low maintenance vegetation that might be appropriate. The committee has also asked Public Works to obtain price quotes on some benches and fencing. The bottom line is that the group is very enthusiastic about this project and has solicited the services of many volunteer groups and individuals. The Committee hopes to do virtually all of the work with volunteer labor and does not anticipate that it will use anywhere close to $30,000. The Committee and the Library Advisory Board have asked if it would be possible to place any money left over into a maintenance fund that could be used by the volunteers (with supervision by Public Works) in future years. Doing this would prevent the money from lapsing at the end of the year if it is not spent. It would also provide incentives for the volunteers and alleviate the need to hire more parks staff in the summer.
  8. Library Sign Committee: The Library Sign Committee is also hard at work. You will recall that this committee is focused upon adding an outdoor sign at the Library that says “Homer Public Library”. (Another item cut from the construction budget). The group would like to make this a Public Arts project and an RFP requesting proposals from artists is being prepared. Artists are being asked to design, fabricate, and install the sign. It will be located at the corner of Hazel and Heath. The not to exceed amount for proposals is $10,000 and an artists are being asked to come up with something that is aesthetic and compatible with the building design, is consistent with the sign code, is low maintenance, uses local or recycled materials, and is visible in low light. Money is still available in the original construction budget to cover this cost, so no new budget appropriation will be necessary.
  9. City Website: We have received a number of comments from Council members, staff, and the general public that the City website needs an overhaul. The general consensus seems to be that there is a lot of information there but it is often hard to find it and the site is difficult to navigate through. In other words, it is not very user friendly. We would like to improve the services the City provides to the community. In this electronic age, when everyone is trying to reduce the amount of paper and fuel it uses, providing information about the government on-line is more important than ever. We do not have a web designer on staff. Each department works on its own page. The result is a disjointed and not well coordinated product. Steve Bambakidis, our IT guy helps when he can but he is not a graphic or web designer and he is very busy with the technical stuff involved in keeping the computer and communication systems up and running. So, we are considering hiring a web designer to help us out. Dru is looking around and doing some research to see what types of service we could use and who might be available. We would not do anything without approval and an appropriation from Council and will probably come to you with a proposal soon. Just wanted to get you thinking about it and see if there is any feedback.
  10. Water Treatment Plant / Grant Increase: Good News!! The Department of Environmental Conservation recently offered the City a grant increase in the amount of $1,272,000 for the new water treatment plant. This money will be added to the original grant ( $1,045,000) provided in FY 2007. It is money that was originally in the 2008 capital budget, vetoed by the Governor, and then restored after meetings and consultation with the Legislature. This is an additional $1.2 Million that the City will now not have to borrow. This reduces the City’s indebtedness and relieves some of the pressure on the HAWSP Fund. In addition to that, Senate Bill 303 passed (which we supported) this year. This bill changes the local match ratio for water projects in Cities with a population over 5,000. So, in 2009, instead of being responsible for a 50 percent match, the City is only responsible for 30%. This will increase our 2009 grant by 20%. Again, less money to borrow. Speaking of Borrowing, I signed the loan agreement today ($5 Million, 20 years) authorized by Council via Reso 07-115. The interest rate is 1.5%. Can’t beat that. The financing for the water treatment plant keeps getting more and more favorable. 
  11. Spit Trail: More good News. We recently learned that the City obtained an additional $150,000 that will be added to the amount it received last year for completing the Spit trail. At the time this was written, we were still looking into the details but real progress is being made on this progress.
  12. Main St. Improvements: As you know, after the results of the special election this March were known, Senator Stevens and Representative Seaton were able to get $2 million dollars in the Capital Budget for the new City Hall moved to a project called “Main Street Intersection / Reconstruction.” Fortunately, this project survived the Governor’s veto pen. This $ 2 million is coming directly to the City through the Department of Commerce, Community, and Economic Development. Of Course, both Main St. and the Intersection of Main St. and the Sterling Highway are State Roads. Two Million is likely not enough to refurbish and upgrade Main Street and provide for traffic control at the intersection. In fact, it may not be enough to do either. As you know, we have been trying to consummate a deal with DOT/PF for several years now regarding the upgrade of Main St. I believe, based upon conversations I have had with the Commissioner’s office, that DOT/PF prefers a roundabout at the intersection, which is more expensive than a traffic signal. So, Carey and I will be consulting with DOT/PF quite a bit over the next few months to see what is possible and what additional funding they might be able to bring to the table. Some sort of MOU and a Reverse Transfer of Responsibility Agreement will likely be necessary. In the meantime, it would be good for Council to have a discussion about what its priorities are with respect to this money. Both the refurbishment of Main St. and doing something regarding traffic control at that intersection have been top priorities for some time.
  13. Kachemak Drive / Phase II Water and Sewer Project: Not too long ago, the Council voted against a proposal from the City Administration that would have constructed a water line along Kachemak Drive to complete the loop between the airport and East End Road. The Council voted against this project because it wanted to see a comprehensive drainage and hydrologic study performed first before this construction was considered. The Council action was specifically directed at the water line proposal in what has been referred to as Kachemak Drive Phase Three. It had no impact on the Phase II Water and Sewer Project that has already been approved by the property owners and authorized by Council. Work on that project is on-going. The Public Works Department is working to obtain the necessary easements and the contract engineers are working on a design. The design is at 50 percent and a number of alternatives have been considered that would reduce cost and potential environmental impacts. Carey plans another neighborhood meeting sometime soon. The reason I bring this up now is because I want to be sure all of the Council members are clear about this. There appears to be some confusion along K-Drive (which we are trying hard to address) about what the Council actually did. Some residents think that when the Council rejected the Phase III water line project, it also placed the Phase II Water and Sewer Project on hold, until the broader study can be done. I just wanted to make sure there is no confusion or misunderstanding about this on the Council. If it was the Council’s intent to put Phase II on hold, it would need to take specific action to do so.
  14. Census Resolution: The Agenda for this meeting contains a resolution expressing support for the 2010 Census. I bring this one forward at the request of the Census Bureau. They are gearing up for the Census and are trying to get information out there and get assistance from local governments and other organizations.
  15. Airport Rental Cars: A new RFP has gone out to solicit proposals to rent space in the airport terminal for a rental car company. So far we have received more interest than we did the last time around.
  16. Lillian Walli Estates: Public Works has been working on a possible water, sewer and road LID for the Lillian Walli Estates that could potentially solve the legal problems there and makes these properties available for development if the property owners agree. See attached memo from Carey Meyer.
  17. Spit Parking: Attached is a memo to the port and Harbor Commission regarding Spit Parking updates. Also, on this agenda you will see a resolution and an ordinance that if passed, would implement some of the recommendations that resulted from the Joint Port and Harbor Commission / Planning Commission workshop. There are several alternatives to the resolution asking for authority to manage parking. One would be to simply pass a resolution asking DOT/PF to make some changes to the parking scheme there. The upside would be less expense and responsibility for the City. The downside is a much slower response time and perhaps not the response we might like. The other option is to request ownership and maintenance responsibility for that section of the road.
  18. Spit Parking Lot Paving: You may recall that money was appropriated in this years budget for paving the parking lot at the Fisherman’s Memorial and adjacent to the Port and Harbor office. Work is proceeding on survey and drainage issues. Pavers are scarce this summer and it is still uncertain whether paving can occur yet this year at a reasonable price.
  19. Signs: The Council and the Public continually ask for more signage around town. The Public Works Department has a very hard time keeping these signs in place because they are frequently vandalized and/or stolen. This consumes a great deal of time and it is a constant source of frustration. The latest bad news is the new beach signage at Bishops Beach. PW anchored these signs in cement this time. Vandals just bent the poles. This took a great deal of effort. The vandals were determined. The new stop signs at the corner of Spruceview and Mullikin also just walked away. Signs are great souvenirs and targets for vandals. We are not sure what to do about this and are looking for ideas.

 

Discussion included the repair of the storm drain on Heath Street near the Library, vandalism of stop signs on Spruceview and Mullikin and the lack of a Tsunami sign at Kachemak Drive. Public Works Director Meyer said “stop” could be painted on the pavement at the Spruceview and Mullikin streets, although the stop signs were there as an enforcement issue. He questioned if the road painting was sufficient for enforcement. A grant was received from the Alaska Energy Authority for turbines on water delivery pipes on Baycrest Hill.

 

B.         Question of the Week                                                                                      

 

COMMITTEE REPORT

           

A.        Comprehensive Plan Community Advisory Committee

 

B.         Public Arts Committee

 

C.        Transportation Advisory Committee

 

            1.         Transportation Advisory Workplan

 

Councilmember Roberts reported the TAC has worked diligently to establish a work plan for 13 items, with priorities on Spit parking issues. There has been discussion on including LID procedures with the City’s quarterly newsletter.                                                

 

D.        Permanent Fund Committee

 

E.         Lease Committee

 

PENDING BUSINESS

 

None.

 

NEW BUSINESS

 

A.        Memorandum 08-101, from City Manager, Re: Proposed Lease Alaska Marine Highway System Lot 48.

 

Mayor Hornaday called for a motion for the approval of the recommendations of Memorandum 08-101.                                                                                              

WYTHE/NOVAK – SO MOVED.

 

City Manager Wrede stated the Lease Committee recommended the lease not exceed twenty years as written in the Lease Policy. There was discussion to tie the lease to the Alaska Marine Highway System (AMHS) and their commitment to homeport in Homer.  AMHS requested a lease longer than twenty years. The City Council has the right to waive the twenty years and approve more time.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Memorandum 08-102, from City Clerk, Re: Proposed 2009 Budget Schedule.

 

Mayor Hornaday called for a motion for the approval of the recommendations of Memorandum 08-102.

 

HOWARD/WYTHE – SO MOVED.

 

There was brief discussion pertaining to the time frame.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

C.        Memorandum 08-96, from Mayor, Re: Appointment of Tom Bos and Jeff Sinn to the Homer Advisory Planning Commission and Bill Smith, Marie Walker, Heather Beggs        and Craig Forrest to the Alaska Statehood Anniversary Committee.

 

Mayor Hornaday called for a motion for the approval of the recommendations of Memorandum 08-96.

 

HEIMBUCH/NOVAK - SO MOVED.

 

NOVAK/ROBERTS – MOVED TO SEPARATE THE TWO COMMISSIONS.

 

Councilmember Novak explained the committee and commission are separate with different agendas. Councilmember Shadle expressed his opposition, as appointments have been combined in the past.

 

VOTE: YES. HOWARD, NOVAK, ROBERTS, WYTHE 

VOTE: NO. SHADLE, HEIMBUCH

 

Motion carried.

 

NOVAK/ROBERTS - MOVED TO REOPEN THE APPLICATION PROCESS IN MID SEPTEMBER.

Councilmember Novak explained reopening the application process in mid September would allow the new City Planner to establish himself. The intensity of the busy summer schedule is behind us. We can operate with the present commission and if Rick Foster is willing, he can continue to hold the seat according to City Code. We would only be short one planning commissioner.

 

Councilmember Heimbuch called for a point of order as to the status of separating the appointments. It was clarified an earlier vote already separated the appointments.

 

City Manager Wrede expressed concern of the Planning Commission’s ability to function next month as they have some heavy things on their agenda. Acting City Planner Engebretsen stated the planning commissioner term expired on July 1st, there are two vacancies on the commission and a Conditional Use Permit requires five yes votes. There are three CUPs on the next agenda. Without at least six people on the commission they will be unable to attend to business which results in automatic approval of a CUP after a certain amount of time has lapsed. She encouraged Council to appoint one commissioner, preferably two.

 

Councilmember Novak stated we had the discussion with the City Attorney and his interpretation of the code is that the expired commissioner continues to hold that seat until another appointment is made, if the commissioner chooses.

 

Asked why either individual would be unqualified as planning commissioners, Councilmember Novak asked why they are qualified.

 

Councilmember Heimbuch referenced the process in place for applicants. By reopening the process it may give the main adversary for the planning commission more rope to hang us on. We should stick to the procedure. Our job is to vote on the candidates the Mayor has recommended.

 

Councilmember Shadle reminded Council that taxpayer dollars were spent in advertising for the positions. He expressed his faith in the Mayor’s appointments.

 

Councilmember Roberts expressed concern for advertising the seats during the summertime. Not everyone had opportunity to look and apply, and it would be beneficial to reopen the application period for a two-week period. She does not see everything she’d like to see on the applications.

 

Councilmember Novak stated the Planning Commission is the most important commission the City has. The hope is to bring some expertise to the table, involvement in ways to give experience and background. He saw nothing on the application of any time in Homer and anything in the backgrounds to help the commission. The seated commissioner who was not appointed has a lot of experience and background. It disturbs him why the experienced commissioner would be disregarded when we are taking on a new Planner.

 

Mayor Hornaday retorted former Planning Commissioner Rick Foster has a built in conflict due to his personal relationship with Dotti Harness, Planning Technician and Code Compliance for the Planning Department.

 

SHADLE/WYTHE – MOTION TO CALL FOR THE QUESTION.

 

There was no discussion.

 

VOTE: (question) YES. WYTHE, SHADLE, HOWARD, HEIMBUCH

VOTE: NO. ROBERTS, NOVAK

 

Motion carried.

 

VOTE: (reopen application process) YES. NOVAK, ROBERTS

VOTE: NO. WYTHE, SHADLE, HOWARD, HEIMBUCH

 

Motion failed.

 

HEIMBUCH/WYTHE – MOTION TO CALL FOR THE QUESTION.

 

There was no discussion.

 

VOTE: YES. WYTHE, SHADLE, HOWARD, HEIMBUCH

VOTE: NO. ROBERTS, NOVAK

 

Motion carried.

 

VOTE: (main motion) YES. HEIMBUCH, WYTHE, SHADLE, HOWARD

VOTE: NO. ROBERTS, NOVAK

 

There was no additional discussion.

 

Motion carried.

 

Mayor Hornaday announced the appointments of the Alaska Statehood Anniversary Committee.

 

WYTHE/SHADLE – MOVED FOR THE ACCEPTANCE OF THE APPOINTMENTS AS PROVIDED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

D.        Homer City Council unapproved meeting minutes of June 23, 2008 Special and Regular            Meeting, and July 14, 2008 Special Meeting. City Clerk.

 

ROBERTS/WYTHE – MOVED TO ADOPT THE MINUTES.

 

Councilmember Roberts acknowledged the laydown from Mr. Griswold pertaining to the June 23, 2008 regular meeting. She asked that the Clerk go back and check the minutes and see if there are any corrections.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

RESOLUTIONS

 

A.        Resolution 08-77, A Resolution of the City Council of Homer, Alaska, Authorizing the City Manager to Recruit an Americorps VISTA to Provide Assistance with Economic Development Planning and Programs for One Year. Wythe/EDC.               

 

            Memorandum 08-100 from Special Projects Coordinator as backup.   

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-77 by reading of title only.

 

WYTHE/SHADLE - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Resolution 08-78, A Resolution of the City Council of Homer, Alaska, Strongly Supporting the Upgrade and Improvement of Miles 45-60 of the Sterling Highway, Miles 18-26 of the Seward Highway, and Miles 165-169 of the Sterling Highway, and Adding Passing Zones to the Sterling Highway. Mayor.                                             

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-78 by reading of title only.

 

WYTHE/SHADLE - SO MOVED.

 

Councilmember Wythe recommended that Council does not use the word “strongly” for future resolutions.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

C.        Resolution 08-79, A Resolution of the City Council of Homer, Alaska, Acknowledging the Surplus Equipment Bid Results. City Clerk.

 

Mayor Hornaday called for a motion for the      adoption of Resolution 08-79 by reading of title only.

                                   

WYTHE/NOVAK - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

D.        Resolution 08-80, A Resolution of the City Council of Homer, Alaska, Expressing Support for the Goals and Ideals of the 2010 Census and its Intent to Assist in Disseminating Census Information and Encouraging Community Participation. City Manager.

 

Mayor Hornaday called for a motion for the      adoption of Resolution 08-80 by reading of title only.

 

WYTHE/ROBERTS – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

E.         Resolution 08-81, A Resolution of the City Council of Homer, Alaska, Requesting that the Alaska Department of Transportation Transfer Parking Management and Enforcement Authority within the Sterling Highway Right of Way Between Freight Dock Road and Fish Dock Road to the City of Homer. City Manager.                       

 

            Memorandum 08-104 from City Manager as backup.

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-81 by reading of title only.

 

WYTHE/ROBERTS – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

F.         Resolution 08-82(A), A Resolution of the City Council of Homer, Alaska, Expressing its Intent to Enter into a Contractual Agreement with the Firm of Birch, Horton, Bittner and Cherot to Provide Legal Services to the City of Homer. City Manager. 

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-82(A) by reading of title only.

 

SHADLE/WYTHE – SO MOVED.

                                   

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

            Memorandum 08-107 from City Clerk, Re: Request For Executive Session Pursuant to           AS §44.62.310(C)(1), Matters, the Immediate Knowledge of Which Would Clearly Have an Adverse Effect Upon the Finances of the Government Unit. (Discussion on           General Counsel Legal Service.)

The Executive Session was not needed.                                                

G.        Resolution 08-83, A Resolution of the City Council of Homer, Alaska, Reducing the Mil Rate by 1 Mil for Next Year and Establishing a 2009 Mil Rate of 3.5 Mils Within the City. Mayor.

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-83 by reading of title only.

                                                                                               

SHADLE/ROBERTS – SO MOVED.

 

WYTHE/HEIMBUCH – MOVED TO POSTPONE THIS UNTIL OCTOBER ALONG WITH OUR OTHER ITEMS WE POSTPONED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

H.        Resolution 08-84, A Resolution of the City Council of Homer, Alaska, to Support       Acquisition of the +205-Acre “Tulin Skyline Heights Subdivision” in the Diamond Creek             Watershed Utilizing Funding from the Federal Forest Legacy Program through the     Alaska Division of Parks and Outdoor Recreation. Roberts.                             

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-84 by reading of title only.

ROBERTS/HEIMBUCH – SO MOVED.

 

Councilmember Shadle excused himself due to a conflict of interest.

 

ROBERTS/HEIMBUCH - MOVED TO AMEND THE FIFTH WHEREAS TO ADD + OR – 205 ACRE PARCEL.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

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

 

Motion carried.

           

COMMENTS OF THE AUDIENCE

 

Roberta Highland said thank you.

 

Leonard Wells, city resident, commented on Ordinance 08-28 that accepts a grant for $50,000, but glosses over it will cost the City of Homer $109,000. He does not object to taking over parking enforcement, but the Spit Road is State property and the City has no authority to impose citations without State authority. In providing the water treatment, likewise it is accepting State money, and we haven’t heard whether citizens want to spend $1.2M of their money. As to $600,000 to the Permanent Fund, he thought it was to be unexpected money from outside, not taxpayers money to squirrel away in a fund that could not be gotten into.

 

Dean Ravin asked why Resolution 08-83 to reduce the mil rate was postponed.

 

Mayor Hornaday explained Council is waiting for more information on what the actual revenues will be. All revenue issues are postponed to the same meeting in October.

 

Dean Ravin welcomed Tom Klinkner as the new City Attorney.

 

Attorney Tom Klinkner of Birch, Horton, Bittner and Cherot thanked Council for their favorable consideration and said he is looking forward to working with them.  

 

Donna Rae Faulkner, city resident, commented it is about the five-year anniversary of the seawall being complete. She thanked Councilmember Shadle for his valued efforts at the last Council meeting and time and spirit spent by Council and Administration looking for a legal fare and win-win situation for the seawall. The ordinance went to court before and all homeowners in the LID asked for it to be appealed. The law firm said it was an appeal, and should have been an action and it was not considered. Three neighbors who are starting the property owners association have not been very transparent. They just received short notice of an upcoming meeting on Wednesday. The entity is unfair and self-serving and the three have appointed themselves as officers and out of pocket expenses paid within 45 days or a lien will be placed on properties. It is ridiculous. The ordinance is quite unfair. She asked Council to address the legalities of the ordinance and impacts on property owners. The discriminatory impact of the ordinance should be evident when Council looks at two adjacent properties. Everything is based on linear feet, except the ordinance which is based on property assessment. She noted the discrepancies on the assessments from $104 to $1,736.

 

Don McNamara, city resident, asked for the repeal of Ordinance 06-53(S). It is pitting homeowner against homeowner and it is not fair to be charged for choices that neighbors make to do to their property. He asked that he be done with the LID when he pays off his assessment. He suggested putting the two vacant lots up for sale for someone to build a house and for tax revenues.

 

Frank Griswold, city resident, continued discussion on Ordinance 08-24(S), line 355. The language is poorly crafted. He suggested it read: “No person shall seek a city office or position or use that office or position to obtain anything of value, etc.” On the public records request it was suggested but never established the City is spending lots of time and money responding to public records requests. The City likely spent 100 fold more on one recent ethics hearing than it has on all records requests since. The public should ask what this body is attempting to hide after having an open policy for many years. When nobody was seeking public records the city thought it was alright to have the full disclosure. Now records are being requested that could cast the city in a bad light. It is evidenced by the recent underwhelming response to the Question of the Week, “Do you think the City is transparent?” It would have been appropriate to postpone Ordinance 08-24(S) until the new City Attorney was on board. Mr. Griswold thanked Council for approving the funds for the Ben Walters Park. There is acreage adjacent to the park that would be a nice addition to the park. Perhaps grant money is available for the purchase.

 

Michael Armstrong, Homer News reporter, told Council Ben Stuart left the Homer News for personal reasons. A new reporter Aaron Selvig will be here at the next meeting. He is a good guy with experience in covering government politics in Anchorage. Mr. Armstrong appreciates Mike Heimbuch’s comment that the media overplayed public records disclosure. He takes it as a compliment.

 

COMMENTS OF THE CITY ATTORNEY

 

City Attorney Tans was not present.

 

COMMENTS OF THE CITY CLERK

 

City Clerk Johnson had no comments.

 

COMMENTS OF THE CITY MANAGER

 

City Manager Wrede had no comments.

 

COMMENTS OF THE MAYOR

 

Mayor Hornaday commented on the special moment he had on the beach. He observed two men, one had received the gift of Kate Kuhns’ heart and the other was Max Haggerty who had received a lung transplant. Both men shook hands. The Mayor’s late wife’s organs were donated too.

 

COMMENTS OF THE CITY COUNCIL

 

Mayor Pro Tempore Novak stated it goes to show Homer is a special place and he appreciates the support.

 

Councilmember Heimbuch said it was nice to be back.

 

Councilmember Roberts welcomed Councilmember Heimbuch back.

 

ADJOURNMENT

 

There being no further business to come before the Council the meeting was adjourned at 9:30 p.m. by Mayor James C. Hornaday. The next Regular Meeting is scheduled for Monday, August 11, 2008 at 7:00 p.m. The next Committee of the Whole is scheduled for Monday, August 11, 2008 at 4:00 p.m. All meetings scheduled to be held in the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 

______________________________

JO JOHNSON, CMC, CITY CLERK

 

Approved: _____________________