Session
08-15 a Regular Meeting of the Homer City Council was called to order at
PRESENT: COUNCILMEMBERS: HOWARD, NOVAK,
ROBERTS, SHADLE, WYTHE
ABSENT: HEIMBUCH
(Excused)
STAFF:
DEPUTY
Department
Heads may be called upon from time to time to participate via teleconference.
The
Committee of the Whole meeting at
AGENDA APPROVAL
(Addition of items to or removing
items from the agenda will be by unanimous consent of the Council.
The agenda was approved by consensus of the City Council
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Sandra Thompson, city resident,
said she is here to ask for Council’s approval of her lease for space 124 at
the
Larry Goode, city resident,
commented he is here on behalf of Resolution 08-69 on the mil rate for the
seawall to increase it for some work to be done for maintenance in the fall. He
said he is in support of that and added that they are in the process of forming
a homeowner’s association and expect to have it wrapped up this week, so it
looks positive in that direction. They are working with an attorney that w
Heath Smith, city resident,
commented regarding Resolution 08-65 awarding the car rental concession space
at the
Paul Hueper, city resident,
thanked the Council for Resolution 08-69 and said they are definitely in favor
of having the resolution passed. It has been great to work with the City and
get the lawsuits behind them and move forward. Something needs to be done with
the seawall it desprately needs to be moved forward. He said they appreciate this
and don’t mind being taxed for it as long as it is fair. They know they need to
pay maintenance fees and do something as the wall is in need of repair going
into this next fall. He doesn’t know if it w
RECONSIDERATION
There were no items for
reconsideration.
CONSENT AGENDA
A. Homer City Council unapproved meeting minutes of
Mayor Hornaday called for a motion to approve the consent agenda.
ROBERTS/NOVAK SO MOVED.
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
VISITORS
A. Renewable Resources
Coalition – Dave Atcheson and Clark Whitney, Jr. and George Matz, Cook Inlet Alliance – 15 minutes
Dave Atcheson thanked the Council
for the opportunity to speak tonight. He gave a presentation on how the Pebble
Project w
Regarding the Pebble Mine, Mr. Atcheson thinks that everyone should make an informed decision regarding the mine and consider all sides. The Renewable Resources Coalition is a group made up primarily of Alaskans who care about our renewable resources and want to protect the jobs we have now and the individuals who make their living from our renewable resources, fish and game.
What the plans are in
·
Open Pit Mining, Underground Mining, and a
Tailings Disposal area, Earthen Dams, a Road to
· There is 1000 square miles of mining claims in the mining district. The area includes 5 species of salmon, trout, and dolly varden.
·
The Pebble advertising states they will only
affect two river systems, but they are the two largest river systems, the
·
The salmon escapement on the
·
There will be a 104 mile road whose terminus
will be in
·
The ore would most likely be transported through
a slurry pipe and the ore ships will be in
· The original plan on the two rivers is 5 dams, 2 which would connect to make one of the largest earthen dams in the world. Behind that on Frying Pan Lake would be the place where the tailings would be stored.
· The mine is a sulfide mine. Sulfide rock, when under the ground, weathers slowly and naturally. When taken above ground, pulverized in the mining process, and exposed to oxygen and water, it creates sulfuric acid with is a toxin. The rock would have to be stored in the tailings area.
· Originally 250 megawatts of power was estimated, but now they are pushing 400 megawatts.
· It is primarily owned by foreign companies.
·
It would be the largest mine in
· The area proposed for Pebble Mine gets 35 inches a year and is at the headwaters of our largest fishery. If something affects one fishery, it affects them all. For example it took years to recover from the affects of the oil spill and people thinking Alaskan fish was tainted.
· Currently they are drilling core samples, the slurry is being pumped on the ground, and they are using 135 thousand gallons of water per day.
·
Northern Dynasty, who started the Pebble
Partnership, doesn’t do any mining but look for large mining companies to join.
The largest player in this is Anglo Amercian who owns 49% share holder in
Debiers Diamonds. They are based in
· Some major risks include a large tailings dam in a seismically active area, and acid mine drainage with the sulfide mine, sulfide mines create problems with ground and surface water, and copper contamination, which affects salmons ability to smell and get back to their natal streams.
· Northern Dynasty 2004 report said unexpected environmental damage from spills, accidents, and severe acts of nature, such as earthquakes, may not be fully insurable and could result in total loss of shareholder equity.
· As Canadian citizens, Northern Dynasty’s directors and officers may not subject themselves to US legal proceedings.
· They said they wouldn’t use cyanide, but changed their mind; said they would stay out of upper Talarik Creek, but changed their mind.
· We stand to lose our clean water, our fish, and our reputation.
·
The specter of a giant open pit mine at the head
waters of
·
The economics in the
· People think the mine is connected to the Permanent Fund. Oil and gas companies pay over 20% of the market value. The market value from hard rock mining is 0.7%. For every $0.50 that the mining pays to the state, the state pays out $1 for oversight and for the road.
·
There are 63 hard rock mines that are on the
superfund clean up list. The Summitville Mine in
·
Government accounting between 1998-2007 shows
$2.6 b
·
The problem with the permitting process is that
the mining company is paying for the baseline studies and hires consultants
until they get the results they want, which are then submitted to
· The Pebble Mine is precedent setting and all traditional uses are trumped. It opens the door for future threats.
Mayor Hornaday noted some of the groups who have presented both for and against the Pebble Project. He questioned Mr. Atcheson’s comment regarding the State selecting experts until they found one who agreed with the State. Mr. Atcheson clarified that he was referring to the Pebble Project hiring consultants until they get the desired results and filtering the results that go to the State. Mayor Hornaday felt that was a serious accusation and asked if he had proof. Mr. Atcheson believed he could find it, but didn’t have it with him tonight.
Mayor Pro-Tempore Novak thanked Mr. Atcheson for his informative presentation.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION
REPORTS
Assemblymember B
Mayor Hornaday suggested Assemblymember Smith consider participating on the Alaska Statehood Anniversary Committee.
Lou Stewart, Chair of the Parks
and Recreation Commission, advised the Commission that the Karen Hornaday Park
Master Plan Committee has been established and they will be meeting Tuesday,
June 17 at the park. He invited the Councilmembers to attend.
A. Memorandum
08-86, From Councilmember Roberts Re:
Councilmember Roberts commented
that Homer continues to be on the forefront with this issue and other
communities are using Homer as a model on how to proceed. She commended Special
Projects Coordinator Holen for the presentation she made at the conference. It
was deemed the most valuable aspect by several people who attended the
conference.
Mayor Hornaday reported that Bob
Hahn, prior City of
PUBLIC HEARING(S)
There were no public hearing
scheduled.
ORDINANCE(S)
A. Ordinance
08-19, An Ordinance of the City Council of Homer,
Memorandum
08-83, from City Planner as backup.
Mayor Hornaday called for a motion for the adoption of Ordinance 08-19 for introduction and first reading by title only.
WYTHE/SHADLE SO MOVED.
Councilmember Wythe referenced lines 27, 28, and 29 and questioned how the sign ordinance attracts economic development.
Councilmember Roberts commented that if she was thinking of locating a business would she want it somewhere that is cluttered with signs or in a place that aesthetically looks good for her business to be located.
Councilmember Shadle added that in business location is the most important part and while we don’t want huge signs, we do want limitations to keep signage tasteful, thoughtful, appealing, and look like Homer. He noted after reading through the ordinance and driving around, there are violations everywhere. He asked if we really want to do this, or are existing signs going to be grandfathered and future businesses have to abide by this.
Councilmember Wythe noted the punctuation line 64 does not make sense.
Councilmember Roberts commented she had difficulty finding the footnotes that were referenced in the tables and Commissioner Howard expressed concern about the difficulty in trying to make sense of the sign ordinance.
WYTHE/ROBERTS I MOVE TO STRIKE
THE WORD WORKING ON LINE 64
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
VOTE (Main motion as amended): YES: ROBERTS, WYTHE, HOWARD, NOVAK
NO: SHADLE
Motion carried.
B. Ordinance 08-20,
An Ordinance of the City Council of the City of
Memorandum
08-84, from Acting City Planner as backup.
Mayor Hornaday called for a motion for the adoption of Ordinance 08-20 for introduction and first reading by title only.
WYTHE/ROBERTS SO MOVED.
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
Mayor Hornaday called for a break
at
C. Ordinance
08-21, An Ordinance of the City Council of Homer,
Mayor Hornaday called for a motion for the adoption of Ordinance 08-21 for introduction and first reading by title only.
SHADLE SO MOVED.
Motion failed for lack of a second.
A. City Manager’s
Report
City Manager Wrede reported the
City closed on the sale of the old library building and the proceeds of about
$400,000 after closing costs will be applied immediately to pay down the new
library loan. He reported on the landscaping issues at the new library, noting
that $30,000 was budgeted for the landscaping. The
Councilmember Wythe asked about the status of the remaining parcel from the old library property. She noted they still maintain the obligation to sell that property and pay the loan down.
Mayor Hornaday commented he doesn’t think the City should sell any land.
Councilmember Novak commented that he is not particularly enthused about selling right now. He is happy to have land in a land bank for future trades or other things, regardless of what the potential agreements that were made in the past on their intent; he thinks we can also see there are other reasons why they might save the property for future development, sale, or trade with other private enterprise for the City for excess morrows.
Councilmember Shadle countered the statement “regardless of intent” and questioned if it is okay to lie and change their mind. He doesn’t think so and said this isn’t how City government should work. We agreed that we would sell the property to pay off the debt.
Councilmember Wythe concurred and added that when we they sit at the table and tell the public we are going to do this thing, and just because it becomes more convenient later to do something different, that doesn’t relieve them from their public obligation to follow through on what we say we are going to do. When we took the loan and financed the library, part of the agreement was that we would use the existing properties to pay down the library loan. The understanding of owning the existing properties is that they were given to the City for the purposes of library use. If we decide we want to do something different, not only are we breaking trust with the public, we are breaking trust with the person who gave the City the property in good faith.
There was discussion regarding bringing back a resolution authorizing the sale of the property for Council to take action on. Point was raised that a resolution has already been passed directing the City Manager to sell the property and pay down the loan.
Councilmember Roberts agrees with the obligation to give the money to the library, but noted the Council also has the obligation to determine when the best time to sell it and she doesn’t know if this is the time. She would like more feedback from the City Manager regarding that aspect.
Councilmember Novak commented that he just wanted to make the point that it isn’t unanimous and there are others who have some other thoughts on the matter.
Regarding the funding for the library grounds, Councilmember Novak commented that he has seen fields that look better than the library grounds. He would like them to find a way to trim the grass.
City Manager Wrede responded that
there are people that think the City built something they can’t maintain. It is
hard to mow the grass there as the ground was never prepared and is really
rough. They could take a weedwacker to it, but that idea was frowned upon, and
the
Mayor Hornaday noted the strong feeling that he heard that people didn’t want a regular lawn there, they want natural. And we got natural.
City Manager Wrede said that in
discussion at the
B. Bid Report
C. Question of the Week
COMMITTEE REPORT
A. Comprehensive Plan Community Advisory Committee
B. Public Arts Committee
C. Transportation Advisory Committee
D. Permanent Fund Committee
E. Lease Committee
PENDING BUSINESS
None.
NEW BUSINESS
A. Memorandum 08-80,
from Special Projects Coordinator, Re: Proposed CIP Schedule.
Mayor Hornaday called for a motion for the approval of the recommendation of Memo 08-80.
WYTHE/ROBERTS SO MOVED.
Councilmember Wythe commented that previously they discussed the need for a mechanism to establish how things get on the CIP, how long they stay there, and how they come off. She would like to see them go through the process of developing the CIP under the standards referenced in Special Project Coordinator Holen’s report of her CIP training under the City Manager’s report. It would be very useful in cleaning up their plan and give them a 5 year working plan and a twenty year long range plan for capital projects.
City Manager Wrede responded that he will meet with Ms. Holen when she returns and relay the wishes of the Commission and bring something back to them.
Mayor Hornaday noted for the public that Council is establishing the schedule for the Capital Improvements Projects, and soon they will be adopting the schedule for the operating budget, so now is the time to start bringing requests to Council for consideration. He noted it doesn’t mean everyone will get what they ask for, but if requests aren’t timely they are less likely to be considered.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
B. Memorandum
08-81, from City Planner, Re: Recommendation from the Homer Advisory
Planning Commission for Homer Spit Comprehensive Plan Update.
Mayor Hornaday called for a motion for the approval of the recommendation of Memo 08-81.
ROBERTS/WYTHE SO MOVED
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
C. Memorandum 08-82,
from City Planner, Re: Joint Worksession with Port & Harbor Advisory Commission
Mayor Hornaday called for a motion for the approval of the recommendation of Memo 08-82.
ROBERTS/ SHADLE SO MOVED
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
RESOLUTIONS
A. Resolution
08-65, A Resolution of the City Council of Homer,
Memorandum
08-87 from Personnel/Airport Terminal Manager as backup
Mayor Hornaday called for a motion to adopt Resolution 08-65 by reading of title.
There was no comment and no motion was made.
B. Resolution
08-66, A Resolution of the City Council of Homer,
Memorandum
08-86 from Special Projects Coordinator as backup
Mayor Hornaday called for a motion to adopt Resolution 08-66 by reading of title.
Councilmember Wythe stated she
may have a conflict of interest. She explained that Brian Hirsch is on the
Board of Directors for
Mayor Hornaday referred the question to City Attorney Tans. City Attorney Tans questioned if she has any financial interest in Mr. Hirsch’s company or this contract that would, or if it would affect her employment status. She responded no on all accounts, she doesn’t know him personally.
Mayor Hornaday ruled that there is no conflict of interest.
ROBERTS/WYTHE MOVED FOR THE ADOPTION OF RESOLUTION 08-66.
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
C. Resolution
08-67, A Resolution of the City Council of Homer Alaska, Amending the Homer
Advisory Planning
Commission Bylaws and the Policy and Procedures Manual. Planning.
Memorandum 08-85 from
City Planner as backup
Mayor Hornaday called for a motion for the adoption of Resolution 08-67 by reading of title only.
WYTHE/HOWARD SO MOVED
Councilmember Wythe raised a
question regarding ending the meeting at
WYTHE/ROBERTS MOVE THAT IT BE
AMENDED TO BE THAT IT COULD BE EXTENDED BEYOND
There was brief discussion for clarification.
VOTE: YES: WYTHE,
NO: SHADLE, HOWARD, NOVAK, ROBERTS
Motion failed.
Councilmember Wythe noted a Committees process is being established and questioned if the Commission has the authority to delegate to a further body.
City Attorney Tans responded not unless Council gives them the authority. Title 29 they have certain specific duties they must perform and those duties may not be delegated to others, however they could get input from anybody.
Acting City Planner Engebretsen commented that the Parks and Recreation Commission has similar language regarding Committees in their bylaws, which is how they created the Karen Hornaday Park Master Plan Committee. The Committee made up of some Commissioners and members of the public is advisory to the Parks and Recreation Commission.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
D. Resolution
08-68, A Resolution of the City Council of Homer,
Memorandum 08-88 from Public Works
Director as backup
Mayor Hornaday called for a motion to adopt Resolution 08-68 by reading of title only.
WYTHE/NOVAK SO MOVED.
WYTHE/MOVE TO
CORRECT THE SPELLING ERROR ON THE THIRD WHEREAS TO READ “THE
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
VOTE (Main motion as amended): NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
E. Resolution 08-69, A Resolution of the
City Council of Homer, Alaska Establishing a Mil Rate of Four (4) Mils for the
Ocean Drive Loop Special Service District. City Manager.
Mayor Hornaday called for a motion to adopt Resolution 08-69 by reading of title only.
WYTHE/ROBERTS SO MOVED
There was brief discussion if it clear enough that this is an additional 4 mils. City Attorney Tans suggested adding a sentence at the end to the effect that this milage is in addition to the general property real property tax mil rate.
WYTHE/NOVAK I WOULD MOVE THAT
There was no discussion.
VOTE: NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
VOTE (Main motion as amended): NON OBJECTION: UNANIMOUS CONSENT
Motion carried.
COMMENTS OF THE AUDIENCE
Maria Santa Lucia said this is
her first Council meeting and thanked them for their hard work, she appreciated
listening today. Ms. Santa Lucia commented in support of Sandra Thompson and
thinks her business would be wonderful for Homer. She stayed to comment on the
Pebble Mine presentation and its affects on our community. She has four sons
and all of them have fished in
Public Works Director Meyer
wanted to take this opportunity to remind them about the overall design of the
library throughout the structure and site itself. We were striving for a LEED’s
certificate. If what we had wanted was manicured lawns, it wouldn’t have been
consistent with trying to design a facility that was low maintenance. Obviously
there are some things that could be done, like pulling dandelions. Personally,
he likes dandelions, they are the first color we get here in
Mayor Hornaday expressed that he
would like to see a specific motion from the
COMMENTS OF THE
City Attorney Tans had no
comment.
COMMENTS OF THE
Deputy City Clerk Jacobsen had no
comment.
COMMENTS OF THE
City Manager Wrede had no
comment.
COMMENTS OF THE MAYOR
Mayor Hornaday commented that
Tania Uminski-Spurkland and her husband donated a painting by Fred Machetanz
of a polar bear for long term lease to the library. We thank them for
that. A lot of us remember the Uminski’s from shopping at their department
store. He noted that June 6 was the anniversary of D-Day 1944. We need to
continue to appreciate the deaths of those who died to protect our freedom.
COMMENTS OF THE
Mayor Pro-Tempore Novak thanked
the public for their participation and enjoy the sunny weather.
Councilmember Shadle said he is
going home tonight and eat some dandelions. He thinks more people need to so we
won’t have to talk about dandelions again in the City Council Chambers.
Councilmember Wythe thanked the
Council for enduring her interesting work schedule today.
Councilmember Howard had no
comment.
Councilmember Roberts explained that
she did not second the sales tax ordinance that Mr. Shadle presented because she
thinks the wisest thing is to wait for the referendum in October to see what
happens with that. Mr. Shadle’s will be worth considering later on. She is glad
to see the City moving forward on the Climate Action plan to be awarding the
contract to a group to start working on the plan and to have our manuals
started. They are really good things to see happening. She said she learned an
interesting fact that when the City of
ADJOURNMENT
There being no further business to come
before the Council the meeting was adjourned at
MELISSA JACOBSEN, DEPUTY
Approved: