Session 05-16, a Regular Meeting of the Homer City Council was called to order at 7:00 p.m. by Mayor James
C. Hornaday at the Homer City Hall Council Chambers located at 491 E Pioneer Avenue, Homer, Alaska, and
opened with the Pledge of Allegiance.
PRESENT: COUNCILMEMBERS: McLAY, NOVAK, STARK, YOURKOWSKI.
WYTHE (telephonically)
STAFF: CITY AUDITOR DREW
CITY CLERK CALHOUN
CITY MANAGER WREDE
FINANCE DIRECTOR BAUGH
LIBRARY DIRECTOR HILL
ABSENT: COUNCILMEMBER: HEIMBUCH (excused)
Department Heads may be called upon from time to time to participate via teleconference.
Council met as a Committee of the Whole from 4:06 p.m. to 5:24 p.m. Included session with the City's
Auditor, Michele Drew, Re: Comprehensive Financial Report 2004 and DOT, Scott Thomas Re: Traffic Study.
The Council conducted a Special Meeting from 5:30 p.m. to 6:02 for Executive Session Purposes.
AGENDA APPROVAL
(Addition of items to or removing items from the agenda will be by unanimous consent of the Council. HCC 1.24.040.)
The agenda was approved by consensus of the Council with the following changes:
Substitute Resolution 05-68(S) with backup Memorandum 05-105 from Public Works provided as noted on
original agenda, Revised Ordinance Reference Sheet for Ordinance 05-29, City Attorney Tans recommended
amendment to Ordinance 05-29. Additional Information to City Manager's Report.
Councilmember Novak requested that New Business Item A. Memorandum 05-97 be removed.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Public comments upon matters on the agenda EXCEPT: Visitors, Sharon Whytal - Child Advocacy Coalition
- Report on Homeless Youth Survey Results and Derotha Ferraro, Chamber of Commerce Report; and Public
Hearing Items Ordinance 05-14(A), General Permanent Fund or Ordinance 05-31, Accepting and
Appropriating an Alaska Division of Homeland Security and Emergency Management (DHS&EM) Grant in
the amount of $164,047.00 under the Law Enforcement Terrorism Prevention Program.
Barbara Howard voiced support for lowering the mill rate for property tax. She stated that she read the
minutes of the folks comments at the last meeting and that it seemed to be a good balance of concerns. She
noted that she had sent Council her position statement. She encouraged the Council to return the money to the
property tax people, that rewarded them at the polls by responding to the Council's financial need. She thanked
the Council.
RECONSIDERATION
None scheduled.
CONSENT AGENDA
(Items listed below will be enacted by one motion. If separate discussion is desired on an item, that item may be
removed from the Consent Agenda and placed on the Regular Meeting Agenda at the request of a Councilmember.)
A. Homer City Council unapproved meeting minutes of May 24, 2005 Special and Regular Meetings. City
Clerk. Recommend approval.
B. Ordinance 05-32, Of the City Council of Homer, Alaska Accepting and Appropriating a USDA Loan of
$400,000.00 for the Library Building Project and Authorizing the City Manager to Execute the Appropriate
Documents. City Manager. Fiscal Note: Revenue and Expenditure Account151-722, USDA Loan of
$400,000.00 for the Library Building Project. Recommend introduction and conduct Public Hearing and
Second Reading on June 27, 2005.
Memorandum 05-103, from Finance Director as backup.
After reconsideration was placed under Ordinances as item C.
C. Ordinance 05-33, Of the City Council of Homer, Alaska, Amending the Homer City Zoning Map to
Rezone Portions of the General Commercial One Zoning District (GC1) to Rural Residential Zoning District
(RR). City Manager. Recommend introduction and conduct Public Hearing and Second Reading on June 27,
2005.
Memorandum 05-104, from City Planner as backup.
D. Ordinance 05-35, Of the City Council of Homer, Alaska Adopting the Homer Transportation Plan,
Amending the Homer Comprehensive Plan to Include the Transportation Plan and Recommending Adoption by
the Kenai Peninsula Borough. City Manager. Recommend introduction and conduct Public Hearing and
Second Reading on June 27, 2005.
Memorandum 05-111, through City Manager, Noting Planning Commission Recommendations.
E. Substituted as noted on original agenda: Resolution 05-68(S), Of the Homer City Council Awarding the Bid for the 2005 - 2007 Public Works Gravel Supply to T & C Enterprises of Homer, Alaska for 2" Minus at $9.32/Cubic Yard, D-1 Gravel at $11.99/Cubic Yard and TYPE II Gravel at $7.95/Cubic Yard to Campbell and Associates of Anchor Point, Alaska for Winter Sand at $9.50/Cubic Yard and Airport Sant at $15.50/Cubic Yard and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk. Fiscal Note: Fiscal Note: Winter Sand Account 100.174.5202, $29,752.00 available, 2" Minus Gravel Account 100.172.5202 $45,000.00 available, D-1 Gravel Account 100.172.5202 $45,000.00 available, Airport Sand Account 100. 149. 5202 $3,500.00 available and Type II Gravel Account 100.172.5202 $45,000.00 available.
Memorandum 05-105, from Public Works as backup, provided as noted on original agenda.
F. Resolution 05-69, Of the City Council of Homer, Alaska Approving and Adopting a Memorandum of Understanding Between the City of Homer and the English Bay Corporation Regarding Local Match Requirements for the Federal Department of Transportation Arctic Winter Games Appropriation. City Manager. Fiscal Note: Not to exceed $36,120. Budgeted via Ordinance
05-24.Recommend approval.
After reconsideration was placed under Resolutions as item C.
G. Resolution 05-70, Of the City Council Amending the Qualifying Criteria in the Homer Accelerated Roads Program, to eliminate obsolete language. City Clerk. Recommend adoption.
H. Resolution 05-71, Of the City Council of the City of Homer, Alaska Acknowledging the Final Beach Policy
Committee Recommendations as Presented to the City Council on April 05, 2005.Yourkowski. Recommend
adoption.
After reconsideration was placed under Resolutions as item D.
I. Resolution 05-72, Of the Homer City Council Authorizing the Naming of the Fishin' Hole Located on the Homer Spit at the Nick Dudiak Fishing Lagoon. Novak. McLay. Fiscal Note: Cost of signage and funding source in budget not identified. Recommend adoption.
J Memorandum 05-106, through City Manager, Re: Capital Improvement Plan (CIP)/Legislative Request
Development Schedule. Recommend approval.
K Memorandum 05-107, through City Manager, Re: Grant Aviation Air Carrier Lease. Fiscal Note: Air
Carrier Revenue estimated at $28,447.20 annually. Recommend approval.
NOVAK/YOURKOWSKI - MOVED FOR ADOPTION OF THE CONSENT AGENDA AS READ.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
The Consent Agenda was later reconsidered and Item. B. was placed under Ordinances as Item C. and Items F.
and H. were placed respectively under Resolutions.
VISITORS
Councilmember Wythe's teleconference phone call connected, just prior to Representative Seaton coming to
the table.
Representative Seaton gave a brief unscheduled report:
Apologized for not being able to come see the Council sooner, due to the contentious extended legislative session.
Reported on the Capital Budget - Senate was looking at going to multiple fund sources, Permanent Fund Earnings, Constitutional Budget Reserve Draw, and bonding full value from the Amerada Hess. House was not willing to do any of those things. Justifications are due by Wednesday for the Capital Budget items. Does not foresee any veto of District 35 monies.
There are good funding benefits to the Community of Homer. Library, College, Sewer and Water Improvement, Fire Department Water Trucks.
Voiced appreciation for the City and public involvement in the Library Project.
Reported on House Bill 20 - Early funding of Education. Sitting in rules and is not going to go anywhere. Latest funding request for Education was funded.
Advised regarding, rebating Fish Tax back to local municipalities. Some difficulty. In House Finance. Will generate some additional funds for both Homer and Seward.
Got the PERS money for Municipalities.
Municipal revenue sharing type grants have passed some committees. This would mean $150 million a year. Another bill is for a flat $50,000.00 per community per year.
Homer and Seldovia Airports received funding.
Some road projects. Diamond Creek road area is in the STIP
Representative Seaton encouraged early comments.
Mayor Hornaday expressed his appreciation to Representative Seaton's and Senator Stevens' work and the work of their staff. He thanked the Representative.
Councilmember Stark voiced appreciation as well.
A. Sharon Whytal - Child Advocacy Coalition of Homer (CACH) - Report on Homeless Youth Survey
Results.
Jennifer Reinhart, CACH, reported that CACH is a broad based group of individuals who have been meeting for years. She advised that she works for the School District as a Homeless Liaison, who works with homeless children and their families. One of the issues is homeless teens and as CACH saw that this was becoming a problem they began to look at strategies and things that they could implement immediately to try and adjust the problem:
A mediation program available to teenagers who have already run away or who are in danger of running away. An adult and teen co facilitated mediation between a child and their family to try and prevent run a ways. Recruit new foster homes, this community lacks foster homes. Support group for parents of run a ways.
She stated that they quickly realized that this was a huge multifaceted problem and that they needed some help.
She reported that over the last couple of years she has served 34 students, unaccompanied teenagers, 60% of
whom dropped out of school despite the fact that they were getting other services. The impacts on the
community are far reaching.
Andre Rosay, Professor of the Justice Center at the University of Alaska, Anchorage, reported that the survey was conducted in the spring and summer of 2004 of homeless youth in order to determine their most prevalent needs. Detailed results will be available, shortly, on the website and in print. There were five key points learned from the survey:
1. Need employment assistance. Cannot afford housing due to inability to secure meaningful employment with decent pay and benefits.
2. 75 percent became homeless because of problems at home. Family counseling efforts should be enhanced.
3. Many of the youths were using drugs and alcohol, many with the realization that drugs and alcohol negatively impacted their lives. Critical to strengthen efforts to prevent and respond to adolescent drug and alcohol use.
4. Direct need for additional recreational activities, particularly in terms of where youth would be welcome.
5. More should be done to make available services known. Many programs are already available in Homer, but
very few of the youths know about these. Unless these youths are able to use these services their problems are
likely to get worse over time.
Kimber Evensen, licensed clinical social worker in private practice in Homer, shared a few national data. She reported that she has extensive work experience working with youth that have run a way and in out patient mental health settings that have created an outreach program in the past.
The National Institute of Justice indicated in a recent study that child hood abuse; whether at home, out of the home or after running away from home; increase the odds of future delinquency by over forty percent and that these youth are more likely to engage in deviant behaviors to support themselves and to associate with deviant friends.
Eight out of ten run a ways have trouble in school settings and more than half have been expelled or suspended from school.
Other school related problems include skipping, not paying attention, not finishing school work and disrupting school activities.
Run a way youth have also been found to have lower academic scores.
Homeless youth present with a lack of education, lack of conventional employment skills, high incidence of transients, poor physical health, substance abuse, mental health problems, conflict with the law, vulnerability to violent exploitation and a dominance of peer relationships that seek to compensate for the lack of family and school relations that support most adolescent needs for relationship.
High levels of poor self esteem and self worth and feelings of powerlessness. Evidenced by high incidence of self mutilation and suicide attempts.
In nine out of ten incidences family conflict has been high in homes of run a way youth.
In one third of the families someone has recently appeared in court or has been arrested for a serious violation.
Four out of ten youth are unable to recall that their family has been happy for more than three days in a row.
Ginny Espenshade, CACH and Director of the Youth Court in Homer and Kenai, suggested reviewing Homer
Police Stats. She thanked the Council for their time and attention to what they have to say and to this issue. At
this point they are not asking the Council, as a body, to do anything. She relayed that their hope is that by
sharing this information they can help this part of the population to not be invisibly to Council as Council
considers policy and makes priorities for this community, from the Library to recreation, to substance abuse, to
all of the many issues that face the Council as a body. She emphasized that they want this part of the populace
to be on the Council's minds. She invited the Council to be a part of their on going discussions. She recalled
that over a year ago they came and told the Council that they were going to do this survey to try to find out
about this problem. This information now needs to be digested that the community needs to dialogue. The
Homeless Youth Committee will be doing that discussion on an ongoing basis and the next meeting is Tuesday,
July 5th at 10:30 a.m. at the Public Health Nurse's Office. She reiterated that the survey information will be on
line, that there will be some hard copies and that they wanted to share the information with Council. She
advised the Council that at some point they will be making some specific requests and/or recommendations.
She asked the Council to be part of the process.
Mayor Hornaday noted that this is part of a serious problem with the youth in the Community and that when he
was on the bench it was always difficult to deal with juveniles. He expressed appreciation for the positive
approach of the Youth Court. He voiced appreciation of the work of CACH and thanked them for coming.
Councilmember Stark suggested that the City could do recreation.
B. Derotha Ferraro, Chamber of Commerce Report
Derotha Ferraro, Executive Director of the Homer Chamber of Commerce, thanked the Council for the opportunity to report on the Chamber activities over the past six months. Finance Director Dean Baugh distributed report materials to the Council including the new Visitor's Guide, Copy of the Survey and new Street Map.
January - 2005 Chamber of Commerce Visitor Guide. 120,000 printed and being distributed.
New website.
Kachemak Gear Shed was business of the year and Tom Schroeder was citizen of the year at the Annual Awards Mixer.
February - Winter Carnival Parade and Calendar of Events.
Annual Visitor Survey results. Number one way to learn about Homer is friends and family. Fishing is second to sight seeing as reasons to come to Homer. Fishing is barely beating out wildlife viewing.
March - 12th Annual King Salmon Derby, a record breaking event.1,039 anglers - 1/3 from greater Homer area. 292 boats and 317 fish. The first place angler took home $21,819.00 There were a total of $78,000.00 in cash prizes were awarded to individuals and $47,000.00 awarded to boats. 1997 formula for Economic impact - for anglers is $445.00 per person for out of town visitors - $317,000.00 in taxable sales. Anglers arrived earlier this year and cost of business has increased since 1997 which may equate to about one half a million including the local spending activities. or $17,500.00 in City tax revenue for this event.
April - Trade Shows. Hosted Community Clean up day with a new recycling category. Bringing in fifty-one bags of recyclable materials in addition to 300 bags of plain old trash
May - published a new Homer Area Map. Features subdivisions, churches, attractions, street index, parks, harbor map and more. This is the most updated map on the market and sells $6.00 retail and $4.50 wholesale. Greater Homer area on one side and on the other side it goes as far as Ninilchik and across the Bay and Cook Inlet.
Pioneer Avenue sign project which has been under way for years by various business owners. Signs to be placed on Sterling Highway in front of Ocean Shores Motel and in front of Aurora Gems, which is currently in dispute.
Homer Jackpot Halibut Derby celebrates its 20th Anniversary and runs May through October to extend the shoulder season with a $20,000.00 tagged fish in honor of the Anniversary.
Two $500.00 scholarships were awarded: Logan Negherbon and Michael Farren.
Chamber hosted six travel writers. Homer sold out.
Kayak and Shorebird Festivals were both successful.
June - hosted a film crew from Korean Broadcast Company, MBC, Featuring the fresh Oysters in Kachemak Bay.
Tourism Committee sponsored a "Get to Know Homer" season kick off.
July - upcoming Fourth of July Parade on the 4th of July. There is a one day halibut tournament on the 4th of July - every dollar of proceed goes to the Silver Salmon enhancement funds for the Fishin' Hole Lagoon (1).
August - Economic Development Committee charged with developing an economic plan or project that encourages economic growth while considering the quality of life in Homer.
Boat owners' guide is being reprinted in cooperation with the City Harbormaster's Office. Center fold is harbor information and the harbor staff distributes that for harbor information.
Seafair Boating Rodeo is August 27th
RFP for an Attractive and Identifiable roadside building sign for the Chamber Building at a step toward finishing the Chamber building project.
The 50th Homer Winter Carnival next year, a good excuse for fireworks.
Halibut derby ticket sales create interesting statistics on upward to 17,000 to 18,000 people visiting Homer.
Inquiries are down this year about 12%.
Homer was just named as one of the hundred best art towns in America in a book written by John Villani, top writer and professor out of New Mexico. (2)
She thanked the Council.
Councilmember McLay suggested recognition, as part of the celebration for the 50th Winter Carnival, of those
who were present for the first Winter Carnival and who are still here.
Mayor Hornaday voiced appreciation and thanks for the report and for what the Chamber does, he also
commented that he thought Councilmember McLay's suggestion was a good one.
Councilmember Wythe stated that she wanted to pull some items off of the Consent Agenda.
STARK/NOVAK - MOVED FOR RECONSIDERATION OF THE CONSENT AGENDA.
There was no discussion.
VOTE: (reconsideration) NON OBJECTION, UNANIMOUS CONSENT.
Motion carried.
MOTION BEING RECONSIDERED: NOVAK/YOURKOWSKI - MOVED FOR THE ADOPTION OF
THE CONSENT AGENDA AS READ.
Councilmember Wythe asked that Consent Agenda Item. B. be placed under Ordinances as Item C. and that Items F. and H. be placed under Resolutions as Items C. and D..
Mayor Hornaday clarified that it was Ordinance 05-32 that she was placing under Ordinances and
Councilmember Wythe confirmed.
VOTE: (reconsidered Consent Agenda motion) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS
A. Auditor - John Bost, 2004 Comprehensive Annual Financial Report - Presentation. (20 minutes requested by Finance Director)
John Bost was not present, therefore, Michele Drew made the presentation and thanked the Council for allowing her to be present, she reported the following, noting that the Auditor, Mikunda Cottrell Company, does work for the Council:
Certificate of Achievement of Excellence: City Manager, Finance Director and Finance Department were commended.
Unqualified or clean audit opinion.
General Fund and Governmental activities - overall loss for the year of $148,000.00, a net figure.
General Fund - Fund Balance decreased this year by, roughly, $500,000.00. Intergovernmental revenues were down. Significant legal activities as well as lawsuit settlements.
Property taxes remained relatively flat.
Sales taxes increased about $200,000.00.
Dedicated sales tax increased by about $65,000.00.
Capital Project funds suffered loss, attributable, in part, to the construction of the Animal Shelter. Ordinance approved expenditure of fund balance with understanding that this will be reimbursed.
Ending balance of General Fund - Fund Balance is just over $2 million. $313,000.00 is reserved. $450,000.00 designated for Animal Shelter payback. $1.2 million is unreserved and undesignated.
Proprietary funds: Water and Sewer and Port. Both funds had losses. $152,000.00 negative in Port Fund. $388,000.00 negative for the Water and Sewer Fund.
Operating losses - report reflection of actual user charges as compared with user costs. $810,000.00 for Port and $1.3 million for Water and Sewer. Both figures include a significant amount of depreciation expense, in compliance with GASB. Without the depreciation expenses there would have been an operating income.
State and Federal Schedules. - a Single Audit, checks to ensure compliance with Federal and State regulations
as well as specific provisions related to the grants and contracts. $1.2 million Federal and just short of $1
million of State financial assistance.
Michele Drew was thanked for the report.
B. DOT, Scott Thomas and Consulting Engineers Re: State Traffic Study - Presentation. (10 minutes
requested by Public Works Director)
Scott Thomas, DOT Traffic Engineer, and Anne Brooks, Brooks and Associates, made a brief presentation and
invited all to the Open House in the Cowles Council Chambers on Tuesday, June 14th at 6 p.m.
Mr. Thomas voiced appreciation for the concerns about congestion and safety, and walkability through
downtown Homer, which is why they have been working with the City and launched this study to ensure that
they looked at all of the downtown intersections that were getting to be busy. He emphasized that they are here
to gather comment on the project and to present information on, which includes the major intersections in
downtown Homer - Pioneer Avenue, Lake Street and Sterling Highway. He reported that they have looked at
all way stops, conversion all way stops such as the Lake Street/Pioneer Avenue Intersection, possible traffic
signals and/or possible round a bouts to move traffic and to move people.
Ann Brooks commented on the Open House schedule for tomorrow night:
6 p.m. Meeting begins in the Cowles Council Chambers.
6:30 p.m. and 7:30 p.m. Formal presentation. The traffic engineer will run through his analysis and present the findings and recommendations.
She provided copies of the agenda for tomorrow night, two fact sheets from the Federal Highway
Administration on why round-a-bouts are being considered in a number of jurisdictions and from the
Department of Transportation and Federal Highways on intersections, and a comment sheet to deliver or mail.
She noted that tomorrow night folks may provide comment both oral and written. Comment period ends July
20, 2005. Hard copies of the report will be provided to the City for City and public review by the end of the
month.
Councilmember Stark emphasized the need to have the information since there is a public hearing and Council
decision on the City's Transportation Plan on June 27th, two weeks from tonight. He commented on the State
Traffic Study and impacts to the Transportation Plan. He reported that there will be a left turning lane for east
bound traffic on East End Road at the East Hill intersection.
Mayor Hornaday thanked Scott Thomas and Anne Brooks and voiced appreciation for handouts.
C. Memorandum 05-108, Planning Commission, Re: Ordinance 05-27.
D. Prince William Sound RCAC Report by John Velsko.
E. Memorandum 05-112, Library Advisory Board, Re: Library Operating Budget.
PUBLIC HEARING(S)
A. Ordinance 05-14(A), Of the City Council of the City of Homer, Alaska Amending Homer City Code Chapter 3.05, Budget to Add a New Section 3.05.046, General Permanent Fund. Wythe. (First Reading May 24, 2005, Public Hearing on June 13, 2005, Second Reading on June 27, 2005.)
Leonard Wells, City resident, testified that he does think this fund is an excellent idea, that it allows for setting
up ways for the City to set aside either the public voluntary input, assuming if someone donated money to the
City that would be considered a windfall that would go into this type of fund. He voiced a recognition that the
Council is still working at what ways the Councilmembers could be kept from getting their hands on spending
the principal or not be allowed to get their hands on it and spend it. He testified in favor of not being allowed
to spend it. He thanked the Council.
B. Ordinance 05-31, Of the City Council of Homer, Alaska, Accepting and Appropriating an Alaska Division of Homeland Security and Emergency Management (DHS&EM) Grant in the amount of $164,047.00 under the Law Enforcement Terrorism Prevention Program and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Homer Police Department. Fiscal Note: Revenue and Expenditure Account number 151-784, Homeland Security Grant $164,047.00 for the Terrorism Prevention Program - Expenditure Digitize Radio System $ 47,047.00, 151-784 Video Surveillance Equipment $58,000.00 and Emergency Generator Project Completion $59,000.00. (First Reading May 24, 2005, Public Hearing and Second Reading on June 13, 2005.)
There was no Public testimony.
NOVAK/McLAY - MOVED ADOPTION OF ORDINANCE 05-31 BY READING OF TITLE.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
ORDINANCE(S)
A. Ordinance 05-29, Of the City Council of Homer, Alaska Amending Homer City Code Section 21.59.070 Concerning Impervious Coverage Allowances in the Bridge Creek Watershed Protection District. City Manager. Planning Commission. (First Reading May 9, 2005, Public Hearing Tuesday, May 24, 2005, Second Reading on June 13, 2005.)
Memorandum 05-109, through City Manager, Planning recommended amendment.
City Attorney's recommended amendment
McLAY/NOVAK - MOVED FOR THE ADOPTION OF ORDINANCE 05-29 BY READING OF TITLE.
There was no discussion.
Mayor Hornaday read the recommended motion for the City Attorney's recommended amendment: Motion to
amend Ordinance 05-29, Section One under HCC 21.59.070(b)(1) as follows: To strike, "For the purpose of
calculating impervious coverage, driveways and walkways may be partially or fully excluded from the
calculation if constructed and maintained in accordance with a mitigation plan, approved by the Planning
Department." and Replace with " For the purpose of calculating impervious coverage on lots smaller than two
and 1/2 acres, driveways and walkways may be partially or fully excluded from the calculation, if constructed
and maintained in accordance with a mitigation plan, submitted and approved in accordance with HCC 21.59.070(a)(2)."
McLAY/STARK - SO MOVED:
There was no discussion.
VOTE: (primary amendment) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
There was no discussion.
VOTE:(main amended motion) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Ordinance 05-34, Of the Homer City Council Amending Homer City Code Secti0on 1.24.040, By-laws for Council Procedure, (m) Salaries of Elected Officials, to Raise the Expense Allowance and to Prohibit Membership in the Public Employees Retirement System(PERS) for Newly Elected Officials. Stark. Fiscal Note: $150 budgeted (First Reading June 13, 2005, Public Hearing June 27, 2005, Second Reading July 25, 2005.)
STARK/McLAY - MOVED INTRODUCTION OF ORDINANCE 05-34 BY READING OF TITLE.
Councilmember Stark elucidated the recitals and amendment contained within the Ordinance.
City Manager Wrede shared the comment from the City Attorney who clarified that since the PERS
contribution is approved by Budget Ordinance it meets the requirements of the City Code: HCC 1.24.040(m)
m. Salaries of elected officials. The Council may fix by ordinance the salaries of elected officials. The Homer
City Council shall received an expense allowance of $50 per month. An elected official may not receive any
other compensation for service to the municipality unless specifically authorized to do so by ordinance. Per
diem payments or reimbursements for expenses are not compensation under this section.
Finance Director Baugh commented on the City contribution side of things and about what he understands are
the amendments by the legislature to the PERS program.
Discussion ensued.
VOTE: YES: McLAY, STARK.
NO: NOVAK, WYTHE, YOURKOWSKI.
Motion failed.
Councilmember Stark voiced his opinion that there is a Conflict of Interest involved in this thing.
Mayor Hornaday ruled that there was no conflict of interest.
Council had no further comment.
C. Consent Agenda Item B. Ordinance 05-32, Of the City Council of Homer, Alaska Accepting and
Appropriating a USDA Loan of $400,000.00 for the Library Building Project and Authorizing the City
Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue and Expenditure
Account151-722, USDA Loan of $400,000.00 for the Library Building Project. Recommend introduction and
conduct Public Hearing and Second Reading on June 27, 2005.
Memorandum 05-103, from Finance Director as backup.
MOTION FOR ADOPTION IS ON THE FLOOR PURSUANT TO CONSENT AGENDA
RECONSIDERED MOTION.
Only discussion was that Councilmember Wythe stated that she had intended to pull Ordinance 05-35.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Mayor Hornaday called for a recess at Councilmember McLay's request at 8:25 p.m. and reconvened the
Regular Meeting at 8:34 p.m.
CITY MANAGER'S REPORT
A. City Manager's Report (Updates/Follow up - Kachemak Heritage Land Trust - Forest Legacy Grant, Ice
rink - DOT Appropriation, Hospital Lease, Proposed Skyline Drive Fire Station, Beach signs and monitoring,
Library Project, Extraterritorial Water, Public Safety Dispatch Services, Kachemak Emergency Services Area
(KESA) Contract; June Employee Anniversaries: Robert Painter HVFD - 14 years, Laurie Moore Finance, 9
years, Levi Stradling PWD 3 years, Lani Kai Eggertsen-Goff P/Z 1 year and Melissa Jacobsen Clerk's Office 1
year; Email Re: Library Project Updates - wetlands, funding issues; Kachemak Heritage Land Trust
Conservation Easement Maps for Mandes, Baycrest Area Properties; Project Grad Program Letter from
Heather Pankratz; and Homer Foundation Activity Report; In Supplemental packet: Letter to DOT Regional
Director Keith Re: Intersection of Lake Street and Sterling Highway and Memorandum to Parks and
Recreation Commission Re: Karen Hornaday Hillside Park Improvements.)
City Manager Wrede stated that he would like to know if the Council has any opinion on the Kachemak
Heritage Land Trust - Forest Legacy Grant and if, at some point, the City should get involved and also noted
the report on the extraterritorial water delivery.
Councilmember Yourkowski requested that the Extraterritorial Water matter be placed on the next Committee
of the Whole.
B. Bid Report.
ITB: Invitation to Bid, Public Works Gravel Supply. Sealed Bids will be received by the Office of the City
Clerk, 491 E. Pioneer Avenue, Homer, Alaska 99603 until 2:00 p.m., Thursday, June 9, 2005 at which time
they will be publicly opened and read.
ITB: Invitation to Bid, Homer Generator Replacement. Sealed Bids will be received by the Office of the City
Clerk, 491 E. Pioneer Avenue, Home, Alaska 99603 until 2:00 p.m. Thursday, July 14, 2005 at which time
they will be publicly opened and read. Plans and Specifications will be available after June 9, 2005
COMMITTEE REPORT
A. Town Center Development Committee.(Meetings were held May 19 and 26, 2005. Open House scheduled
for June 9, 2005 4 to 7 p.m. Cowles Council Chambers and Final meeting June 23, 2005 from 5:30 to 8 p.m. )
B. Road Standards Committee
C. Public Arts Committee (Meeting notes of April 21, 2005 and June 1, 2005.)(No quorum meeting on May
25, 2005 rescheduled, met on June 1, 2005)
D. Conference Center Feasibility Study Steering Committee.
E. Community and Economic Impact Standards Task Force. Meeting June 13th at noon.
Councilmember and Chair Stark reported that this Task Force met today and reviewed the material, that the
next meeting is in two weeks, Monday, June 27, at 3 p.m. and that the minutes will be on the computer
tomorrow.
PENDING BUSINESS
None scheduled.
NEW BUSINESS
A. Memorandum 05-97, from City Manager, Re: South Peninsula Hospital Lease.
Recommendation:
That the Council make the following proposal to the Borough and direct the City Manager and City Attorney to work out the details with the Borough Mayor and Borough Attorney. The proposed final agreement will be subject to approval by the City Council and Borough Assembly.
1. The City will agree to transfer title to the hospital parcel in exchange for cash equal to fair market value based upon a current appraisal or a trade for Borough land of equal or greater value.
2 The transfer of title is contingent upon a Deed of Trust, Deed Restriction, or other recorded document as appropriate which is legally binding and states that:
* The parcel is deeded expressly for the purpose of providing a full service publicly owned hospital at the site. All other uses are prohibited unless expressly approved by the Homer City Council. The land and all improvements automatically revert to the City upon violation of this provision.
* The Borough cannot sell the property (land and improvements), operate anything less than a full service, publicly owned and locally controlled hospital, or move the hospital out of Homer or to a different site without the expressed consent of the Homer City Council.
* If the Borough wishes to sell the property (both land and improvements) the City has the right of first
refusal.
PULLED OFF OF THE AGENDA UNDER AGENDA APPROVAL.
RESOLUTIONS
A. Resolution 05-73, Of the City Council of the City of Homer, Alaska Accepting the 2004 Comprehensive
Annual Financial Report with Audit and Financial Statements and Acknowledging the Management Letter
Submitted by the City's Independent Auditor, Mikunda, Cottrell, & Co. City Manager. Finance.
YOURKOWSKI/NOVAK - MOVED FOR THE ADOPTION OF ORDINANCE 05-73 BY READING OF TITLE.
Councilmember Yourkowski commented on the General Fund - Fund Balance, that it is not where Council
wants it to be and thanked the voters for raising the sales tax. He noted that the City is not in the best financial
position and expressed his hope that Council can get the Fund Balance back up.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Resolution 05-74, Of the Homer City Council Establishing Property Tax Rate for Fiscal Year 2005 at 4.00
Mills. Stark. Fiscal Note: $180,000.00 reduction.
Memorandum 05-110, from Councilmember Stark.
STARK/McLAY - MOVED THE APPROVAL OF RESOLUTION 05-74 BY READING OF TITLE.
Councilmember Stark noted that this issue was tabled a couple of weeks ago and that there have been some
dramatic changes since then such as the $1.68 million from the Federal and State budgets. He voiced his
opinion that even if the Council were to lower the mill rate from 4.5 to 4 that there would still be five percent
more in revenue than last year. He voiced his opinion that it is appropriate to give the tax payers a break since
the assessed values have gone up 22 3/4 percent on average in Homer.
City Clerk responded to the Mayor's inquiry that this is not the Resolution that was tabled, that Councilmember
Stark brought forward a whole new Resolution and therefore, does not require taking from the table.
Other Council comments:
Not the appropriate time.
New Library costs will be at least $250,000.00 per year.
Depreciation funding is a big expenditure.
Sales tax revenues are unknown.
Need to wait and see where this all comes out at the end of the year and not do a knee jerk reaction to receiving the Federal and State funding.
A long range business plan approach to finance anticipates what is known and what can be quantified as future expenses.
Bad plan to reduce and the mill rates should not be used to adjust the budget.
Based on the information provided half of the increase in property tax is new construction and is not people who paid taxes last year. Therefore, the increase is really only 11 percent.
The General Fund Fund Balance via 2004 audit was at $1.2 million and should be at $2 million.
Discussion pro and con ensued.
VOTE: YES: STARK.
NO: WYTHE, YOURKOWSKI, NOVAK, McLAY.
Motion failed.
C. Consent Agenda Item F. Resolution 05-69, Of the City Council of Homer, Alaska Approving and Adopting a Memorandum of Understanding Between the City of Homer and the English Bay Corporation Regarding Local Match Requirements for the Federal Department of Transportation Arctic Winter Games Appropriation. City Manager. Fiscal Note: Not to exceed $36,120. Budgeted via Ordinance 05-24.Recommend approval.
MOTION FOR ADOPTION IS ON THE FLOOR PURSUANT TO CONSENT AGENDA
RECONSIDERED MOTION.
There was some concern expressed about these funds going to benefit a private entity although being
constructed in the DOT right of way.
City Manager Wrede responded to the Council, noting that the Fiscal Note to the City will be no more than
$18,000.00 with English Bay contributing the rest and that the City's may be less than the $18,000.00. He also
confirmed that no match no money and that this is part of a larger pot of money or scenario being granted for
the Arctic Winter Games.
VOTE: YES: McLAY, YOURKOWSKI, STARK, NOVAK.
NO: WYTHE.
Motion carried.
D. Consent Agenda Item H. Resolution 05-71, Of the City Council of the City of Homer, Alaska
Acknowledging the Final Beach Policy Committee Recommendations as Presented to the City Council on April
05, 2005. Yourkowski. Recommend adoption.
MOTION FOR ADOPTION IS ON THE FLOOR PURSUANT TO CONSENT AGENDA
RECONSIDERED MOTION.
There was no discussion.
WYTHE/McLAY - MOVED TO REMOVE ITEMS 6 AND 7 ON PAGE 231.
6. The City should obtain a lease or ownership of the state parcel to the west of the intersection of Kachemak
Drive and the Spit Road. This area should be developed as additional parking for the Homer Spit Trail, with
appropriate crosswalk markings and signs.
7. The City should post notice in the parking lot at the start of the Homer Spit Trail which explains the
additional parking available with a map depiction.
Councilmembers spoke in favor of these two items.
VOTE: (primary amendment 1.) YES: NOVAK, McLAY, WYTHE.
NO: YOURKOWSKI, STARK.
Motion failed.
WYTHE/McLAY - I'D LIKE TO MAKE AN AMENDMENT TO REMOVE THE WORD NEVER (ITEM 9.).
9. The City should never vacate any portion of any Rights-of-Way which may provide any sort of access to the
Kachemak Bay Shoreline. Privatization of the few remaining access points is not in the public interest.
Council was generally in favor of item 9. and emphasized the importance of not vacating these right of ways.
They did discuss possibly changing the word never to not and that not would be a better word than never.
VOTE:(primary amendment 2.) YES: STARK.
NO: NOVAK, McLAY, WYTHE, YOURKOWSKI.
Motion failed.
There was no further discussion.
VOTE: (main motion) YES: McLAY, WYTHE, YOURKOWSKI, STARK, NOVAK.
Motion carried.
COMMENTS OF THE AUDIENCE
Audience comments upon any matter.
Mayor Hornaday thanked the City Clerk for the information on the statewide survey regarding number of
minutes allowed for Public/Audience Comments, wherein most municipalities allowed three minutes, one
allowed two minutes, there were a couple that allowed unlimited and other methods wherein the Mayor would
look at the number of people and divide up the minutes.
Al Waddell stated that he, of course, has some property down here and commented on the Lake Street and
Sterling Highway Intersection. He expressed an understanding that this is a busy intersection, that he has been
yelling for years, even while on the Council, that it needed some lights hanging up there. He voiced his opinion
that the lights would work the best, all around, for everyone. He relayed his concerns about this busy,
dangerous intersection. He commented that, in speaking with the Police Department, there were about three
accidents at the Lake Street/Bypass Intersection in the last two years and that there were seventeen accidents
at the Heath Street/Bypass Intersection during the same period of time. He reported that he is the reason the
light posts are at the Lake Street/Bypass Intersection. He stated that he would like to see the lights hung up,
that he thinks it will save a lot of people some grief and that the lights only need to work, in his opinion, from
about the first of May to about the fifteenth of September. He told the Mayor that he was fine with the time
limit and that the main thing is that the Mayor listens and is fair. He expressed appreciation to the Mayor and to
the Council.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans was not present.
COMMENTS OF THE CITY CLERK
City Clerk Calhoun advised that the City Clerk's Office issues Fire Works Permits. (3)
COMMENTS OF THE CITY MANAGER
City Manager Wrede commented about the Library Project, the million dollars from the legislature and asked
for Council input on the use of those funds. He stated that an Ordinance will be to the Council at the next
meeting to rescind the Ordinance appropriating $575,000.00 to up front the Library Project and an Ordinance
accepting the money from the legislature. He commented about the intersection of the Lake Street and Sterling
Highway that what he heard was that DOT does not have the money for the lights, that they are willing to go
search for it and/or take money from the City. He noted that a four way stop could be put in, within a couple of
weeks, suggesting that if that is something that the Council wants to consider they should probably make their
wishes known.
COMMENTS OF THE MAYOR
Mayor Hornaday had no comment.
COMMENTS OF THE CITY COUNCIL
Councilmember Yourkowski encouraged the public to attend the DOT Open House tomorrow, that the
Council had a great presentation and encouraged everyone to get educated about Round- a- Bouts.
Councilmember Novak commented on the Lake Street intersection, that the Council had made a decision to do
something there to control traffic, that if there is going to be something done there it needs to be something
that works, there needs to be some discussion and the DOT Open House might be a good place to start.
Councilmember Stark commented that the City Manager mentioned that there was a large number of accidents
at Heath and Sterling (4). He reported that when there is an accident the Police choose the closest intersection,
such as those who bang into cars in the Post Office Parking lot. He voiced his opinion that the most dangerous
intersection is the driveway exiting the Post Office and the driveway exiting/entering FNBA and that accidents
there are reported as being at the Heath and Sterling intersection. He suggested that no one get overly excited
about Heath and Sterling, adding that he agrees that something needs to be done. He pointed out that one of
the advantages of a signal light is that it creates breaks in the traffic so that people on the side streets can get
onto the road and that this does not happen with a Round-a-Bout, wherein traffic just goes around and around
and soon one eventually gets off and continues on one's way. He emphasized that there are no breaks in traffic
with a Round-a-Bout, one of the disadvantages.
Councilmember Wythe thanked the Council for allowing her to participate telephonically. She asked that
Ordinance 05-35 be placed on the Committee of the Whole agenda for review of the suggested changes by the
Planning Commission.
Councilmember McLay voiced appreciation of the public showing up and speaking to the Council tonight, for
the reports and for those who have a heart for problem children and who are involved and wanting the Council
to get involved. He expressed his opinion getting the information on the homeless children is a real good thing
and that people need to know how to act and react. He voiced appreciation for people coming and speaking
their minds, for letting the Council know where they stand, what they want to see accomplished and for those
that contact each Councilmember during the weeks before meetings on these issues. He reiterated his comment
from last fall that he will listen, adding that he has been proving that. He stated that he believes that the Council
is listening quite well to the Community and that as a result Council is accomplishing a lot of good things. He
advised that one issue that has come before him is that there needs to be some signage on the Spit Pathway that
there are to be no motorized vehicles. He noted that there has been a lot of four wheeler traffic on that
pathway, including City maintenance that may cause people to think it is okay. He reported that three different
people have come to him about this issue and that he believes it is a safety issue.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 9:20 p.m. The next Regular Meeting is scheduled for Monday, June 27, 2005 at 7 p.m. The next Committee of the Whole is scheduled for Monday, June 27, 2005 at 4 p.m. A Special Meeting is scheduled for Monday, June 27, 2005 at 5:30 p.m. Homer City Council sitting as the Board of Adjustment will conduct an Appeal Hearing on the Appeal to the Board of Adjustment Regarding Conditional Use Permit 05-06, issued to Kenai Peninsula Borough and South Peninsula Hospital.
All meetings scheduled to be held in the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue,
Homer, Alaska.
________________________________________
MARY L. CALHOUN, CMC, CITY CLERK
Date Approved: _________________________
1. Just renamed, via Resolution 05-70, the Nick Dudiak Fishing Lagoon.
2. (The 100 Best Art Towns in America: A Guide to Galleries, Museums, Festivals, Lodging and Dining, Fourth Edition.
3. Homer City Code: 5.24.050 Exceptions for authorized exhibits--Permits required.
a. Fireworks may be used for public exhibits by fair associations, amusement parks and other organizations or groups of individuals if:
1. A permit is first obtained from the City Clerk, upon payment of a permit fee, in an amount determined by Council Resolution and set forth in the City of Homer Fee Schedule, per exhibit or continuous series of exhibits; such permit to be applied for not less than thirty days prior to such exhibit or series of exhibits; and
2. A bond is filed with the City, in the amount of at least five hundred dollars, to insure payment of all damages to persons or property caused by any exhibit. A bond will not be required if the holder of the permit has in effect a liability insurance policy which accomplishes the same purpose as the bond.
b. No permit issued under this section shall be transferable. (Ord. 04-03, 2004; Prior code 18-100.4).
4. This was actually mentioned by Al Waddell under Audience Comments.