Session 08-07 a Regular Meeting of the Homer City Council was
called to order at
PRESENT: COUNCILMEMBERS: HEIMBUCH, NOVAK, ROBERTS, SHADLE,
WYTHE
ABSENT: CHESLEY
(excused)
STAFF:
Councilmember Chesley requested telephonic participation. The telephone connection was lost at the beginning of the Special Meeting.
Department Heads may be called upon from time to time to participate
via teleconference.
Council met as a Committee of the
Whole from
AGENDA APPROVAL
(Addition of items to or removing items from the agenda will be by
unanimous consent of the Council.
Councilmember Heimbuch pulled the reconsideration on Resolution 08-25.
The amended agenda to include the following changes was approved by consensus
of the Council:
Reconsideration - Ordinance 08-08 – Written public comments;
Consent Agenda - Ordinance 08-12 – Written public comments; Memorandum
08-29(S) – Substitute memorandum; Announcements/Presentations/Borough
Report/Commission Reports - Councilmember Heimbuch report on Pebble
Partnership Conference in Anchorage; Public Hearings - Kachemak Drive Phase I Water & Sewer – Written public
comments; Ordinance(s) - Ordinance 08-11 and 08-13 – Written public
comments; Resolutions - Resolution 08-30 – Memorandum 08-41 from Public
Works Director, Re: Proposed Modifications to the Design Criteria Manual as
backup; Resolution 08-33 – Memorandum 08-20(A) from Public Works Director, Re:
New City Hall/Town Square – 35% Cost Estimate as backup; Resolution 08-36 –
Written public comments; and Resolution 08-37 – Memorandum 08-39 from City
Manager, Re: Harbor Leasing LLC Lease/Kevin Hogan as backup and Ground Lease
and Security Agreement.
PUBLIC COMMENTS UPON MATTERS
ALREADY ON THE AGENDA
Cinda Eckert, city resident, commented Homer Hockey Association (HHA) is different
than other non profits as they have a $3M facility with one and a half paid
employees, an army of volunteers, and hundreds of children, adults and seniors
to serve. There is recreation for all ages and substantial economic impact to
Homer businesses. HHA’s goal is to be a permanent
part of the community. She favors the
Mayor Phil Morris,
Melanie Dufour, Homer resident, supports
Ordinance 08-11. Fourteen years ago she came to City Council regarding the ice
rink. When skaters visit they bring their whole family with them. It is a quality
of life issue, with the rink allowing people of all ages to skate and communicate.
It is a sports impact from elementary through high school. Over the last two
weekends there have been two state tournaments with 209 players and 55 local
businesses supporting the events. Homer Hockey Association spent $500 at print
shops.
Ken Satre, Homer resident, thanked Councilmember
Heimbuch for allowing discussion at the Committee of the Whole and the Mayor
for Resolution 08-28. Since 1970 several groups worked to make an outdoor rink a
reality. With Homer weather keeping an outdoor rink skate-able is not possible;
Homer hockey could not be competitive. In 2004 there was a brief window to
build an ice rink. The facility was completed April 2005. The facility provides
a positive economic impact for Homer businesses. Kevin Bell shared an enthusiasm
for providing recreational opportunities and the facility should stay for
decades to come.
David Bell, city resident and son of the late Kevin Bell, would like to
coach hockey. His dad was the founding father of HHA, starting the organization
with the goal of a youth program to allow kids to have something to do in the wintertime.
With the old outdoor rink the sporadic winter weather required him to drive to
Soldotna to play. The home teams spent a lot of money up the road. As a little
boy he spent time at the rink mopping, his father was either on the phone
raising money, at the City Council meetings or coaching youth hockey and two
other teams. He asked the City for help. If the rink is closed, the
organization his father worked so hard to create will die.
Kevin Walker,
Emilie Otis and son Casey, Homer residents, are converts of Kevin Bell and
hockey. She hopes Council chooses to support the hockey rink. It is important
to offer lots of opportunities for kids to be productive. Obesity is an epidemic
and starting kids playing at a young age is very important.
Rich Sonnen, Homer resident, assisted Kevin
Bell for three seasons. Some kids loved hockey, some didn’t; they all loved to
skate. When you watch a kid fall and get back up you are teaching them more
than just how to skate.
Frank Griswold, city resident, opposes Ordinance 08-08. For those that
read the 160 pages of material in the packet there is no reason to reconsider.
The Planning Commission found the rezone is not consistent with the
Comprehensive Plan and is no public need or justification for it. The applicants
are causing a split zone lot. He questioned how someone could write the whereas
clauses stating the Planning Commission found the use was consistent with the
Comprehensive Plan and that there was a public need and justification. The
Planning Commission ruled correctly. As to Resolution 08-35, there is no beach
policy to regulate driving to enforce. The $14,000 would be better spent on
increasing the salaries of our police officers so we don’t continue to train
them and then lose them.
Anne Wieland,
Mike McCarthy, city resident, and supporter of Resolution 08-36, asked
Council to amend the resolution to add “as soon as possible”. Each day there
are hundreds of tons of material lost on 3.5 miles of
Annette Kott,
Cheryl Rykaczewski, city resident, spoke on
Ordinance 08-11 and Resolution 08-28. As a volunteer with youth activities
since 1995, she found there was never enough money to fund all activities. Ordinance
08-11 singles out ice skating and hockey and does not distribute City resources
fairly. What about other recreation clubs asking for support? If the City
supports Resolution 08-28 it may limit funding to the ice rink rather than
others. She asked Council to find a way to make it fair.
Alan Parks, Homer resident, respectfully disagrees with most people in the
room. There should be a process for supporting all non profits that do things
for youth. An emergency situation is different, but a budget line is not fair.
As a prior councilmember, Mr. Parks recounted the process of using the Homer
Foundation that depoliticized the process making it fair and equitable. The Ski
Club could use some money, as they are struggling. They have huge
infrastructure, volunteers and an inventory. He urged Council to use the process
in place with the Homer Foundation to keep the process fair.
Lisa Pitta, city resident, asked Council for
support of the rink. She has three great kids that have grown up at the rink.
The hockey community does all it can for itself and is trying to hold the rink
together. With many divorced families participating in hockey and the level of parental
involvement it requires, you can’t tell which parents are divorced since the
whole family is at the rink. Hockey is a sport of tradition and honor, rather
than a rough sport. Adult clients from Mental Health and the home schooling
community use the rink.
Sarah Jackinsky, Homer resident, urged
Council not to support Ordinance 08-11. Although she agrees with hockey parents
and friends, she disagrees with singling out one organization over many others
in the community. Ski events bring hundreds of people to town; the Ski Club
maintains 80 km of trails, has a huge inventory and is in need of money. Although
she supports the HHA she does not support Council funding HHA.
Don Shindler, Homer resident and
Malcolm Milne, Homer resident, supports Ordinance 08-11. The rink is in
dire straits and needs help. It is a growing organization and the facility is in
infancy. Lots of groups in town need money; this is a dire strait. It is a serious
economic engine. The tournaments bring hundreds of people to town; next weekend
there are twelve adult teams in a tournament. The rink provides healthy winter
activity to year-round residents. It is an investment in the community.
Kevin Hogan, city resident, commented on Resolution 08-37, stating the lease
was contingent on the vacation of the former utility easement that has not been
filed with the Recorder’s office. He is not happy with many things on the
lease, but will move on. He hopes termination is a possibility and that he can
get out of the lease if it is not working. Lease language is confusing as to what
will happen with improvements upon termination. He will leave the property as he
found it or better, and take everything with him. On the environmental insurance
requirement in Section 11, the City sets clear standards on the Lease Policy.
His company insurance coverage is better than anyone else’s. The incentive
clause on Memorandum 08-39 is based on the deal Icicle has now, without performance
standards. The break even level for this clause is four million pounds of product
across the dock. The City of
Mike Coats, city resident, supports HHA, stating it brings money to his
B&B and charter business. He can ski, surf, snow machine and play hockey.
The
Jose deCreeft, city resident, supports the ice
rink. He played hockey as a kid through 13 years old. When he wanted something
to do he would go to the rink and shoot the puck around. Every time it rains he
goes to the rink. The rink is a dream come true. It is
a sense of family, with different towns getting along. He has lost ten pounds
and quit smoking since going to the rink. He loves walking the trails, visiting
the museum and library. The rink is almost economically even. He sees kids showing
up at the rink at night playing hockey. It is a teen center that already exists
and healthy for all.
Kim Seymour, city resident, opposes Ordinance 08-12. The Gateway Bypass
Overlay will kink development, reduce jobs, reduce taxes and specifically
target tourism. It is putting all the eggs in one basket; businesses who want
to come to town will not be able to. One lady trying to start a business in Homer
got fed up with the regulations and went to Anchor Point to build her business,
obtaining permitting in one day. Our kids cannot wait to get out of town as
there is no development or jobs to hold them here. The regulations are
constrictive with 76 hoops in site design and 18 in architectural design. If an
economic development zone is enacted it will open federal coffers to billions
of dollars. He urged Council to defeat the ordinance.
Christie Hill, city resident, appeared with her kindergarten age daughter.
Upon the urging of friends she enrolled her daughter in hockey. All summer
through the beginning of school her daughter asked when hockey starts? She
loves hockey. Ms. Hill supports the rink, stating later it could turn to more
than just an ice rink. Homer weather changes a lot and you cannot depend on it.
You can depend on the rink. It is reasonably priced and there are a lot of
people there. Many businesses are willing to donate and help; 50 businesses
have donated money for two weekends of hockey.
Ray Kranich, city resident, and former
councilmember for five years, spoke in opposition to Ordinance 08-11. When he
served on the council, about half the time Pandora’s box would open with budget
discussions, as there was a room full of people pitching their cause, each one worthy
and worthwhile. Council set up a system where funding for all non profits goes
through the Homer Foundation, allowing the Foundation to determine the
allocations. If Council opens Pandora’s box they will
have non profits showing up every time they have budget discussions on the agenda.
Leonard Wells, city resident, believes all non profits should be coming
to City Council. Although he doesn’t follow everything the committees set up or
the Foundation does, he has never seen the Foundation broadcast or discuss what
they are bringing up. The City Council should decide how the City’s money is spent,
not Homer Foundation. He urged other organizations to come to City Council meetings
to request funding. Although Council may not like staying past
Jenny Coyle, city resident, plays on the women’s hockey team. Women of
all ages play, some are fairly new to town. Some are thankful for the hockey
rink as it is what kept them in Homer. They are women who are starting to
settle down in Homer and raise families. She has seen women play with their husbands
toting the toddlers and then the men play. The base of people moving here are loving it, settling in and deciding to stay.
Kim Debert, city resident, stated HHA is capable
of taking care of itself; the facility is needs assistance. Lots of money has
been raised. Russian friends are integrating with us culturally and it is
wonderful to have friendships develop. Traditional beliefs have brought all together.
David Lewis, city resident, doesn’t skate but has been a member of HHA
since 1993. He laid sand and put water down on the old rink. His kids play
hockey and he has refereed and coached. He asked Council for support.
Tim Stage, Homer resident, supports the ice rink. The facility may be
able to do something else with the City’s help. A floor would help to
financially run the facility. In the summer we could have soccer and softball
practices. If the City is behind us, we could make it work.
Josh Pitta, city resident, grew up around an
ice rink all his life. He tried other sports unsuccessfully. Every time he goes
to the rink it means something to him. He has been playing competitively 14
years. The rink is sacred ground where people feel safe. The future of HHA and
the availability of the rink is a big deal. He has played in
Shauna Pitta-Rosse, city resident, owes her integrity
and character to hockey. She is married with an 8-month old baby. She and her
husband play hockey and want their son to play. She urged Council to support the
rink and the youth of Homer.
Travis Larson, Homer resident and coach of the Homer Mites Hockey Team,
told the kids at their last game as Mites they would be Squirts next year. One
kid looked up and said it may be the last hockey game he gets to play; he hopes
it is not their last chance.
Leslie Slater, city resident, asked those in the audience to raise
their hand if they support Ordinance 08-11. Hockey is a passionate and lifetime
sport.
Mike Slabaugh, Homer resident, stated a few
years ago Chrysler Corporation was in serious need and the government stepped
in. We benefited from that.
John Butcher, Homer resident, HHA board member and lifelong hockey
enthusiast, grew up at the rink. He has a 9-year old player and it is a safe
haven for him. It is a place for kids to grow. His son is receiving the opportunity
to integrate with the Russian players. He moved here seven years ago and plans
to stay for a long time. If the ice rink is not here he would leave Homer. It
is a big enough part of him and his family’s life that it would not be feasible
to live here without it. HHA is not here asking for your help, HHA was here
before and will likely be here after; it is the rink asking for support. It is
a community center; a lot of people go there, hang out, socialize, and meet
people. It is an important part of the community. Help is needed and he would appreciate
anything Council can do.
Joe Miles, Homer resident, asked Council to support the rink. The rink
happened because the money was there at the time. Funding for the stoplight
came through as an accidental part of that as well. He asked for understanding
since the City is going forward with something because the funding is there.
Steve Baird, Homer resident, has a 15-year old son with a natural
inclination to sit on his butt, but he plays hockey. Likewise, so does his
daughter. Having family involved in hockey means they are in town six nights a
week, eating at restaurants. HHA has been here a long time before the rink. He
asked for support.
RECONSIDERATION
A. Ordinance
08-08, An Ordinance of the City Council of the
City of
Memorandum
08-24 from City Planner as backup.
Mayor Hornaday stated applicants have expressed concern with
Councilmember Chesley’s participation due to the
pending court case. Councilmember Chesley is not
present for this meeting so it is a non-issue.
Councilmember Roberts referenced the letter written by applicants Tim
and Sharon Minsch dated
Councilmember Shadle stated he has never worked with Sharon Minsch on any occasion and does not believe he has a conflict
of interest. Mayor Hornaday questioned Mr. Shadle on his abilities to remain
fair and impartial. Councilmember Shadle responded he could remain fair and
impartial and has no financial interest and is not managing land for the
applicants.
Mayor Hornaday ruled Councilmember Shadle does not have a conflict of
interest. There was no objection from the Council.
Mayor Hornaday called for a recess at
HEIMBUCH/ MOVED FOR RECONSIDERATION.
There was no discussion.
VOTE: YES. ROBERTS, WYTHE, SHADLE, NOVAK, HEIMBUCH
Motion carried.
B. Resolution 08-25, Of the City Council
of Homer, Alaska, Directing the City Manager to Begin the Request for Proposal
Process for Legal Services. Chesley. Reconsideration
issued
Reconsideration issued by Councilmember Heimbuch on
Councilmember Heimbuch pulled the
reconsideration under agenda approval.
CONSENT AGENDA
(Items listed below will be enacted by one motion. If separate
discussion is desired on an item, that item may be removed from the Consent
Agenda and placed on the Regular Meeting Agenda at the request of a
Councilmember.)
A. Homer City Council
unapproved meeting minutes of
B. Ordinance 08-12, Of the City Council of the City of Homer,
Alaska, Amending Homer City
Code Title 21 (Zoning) Adding Chapter 21.56 to the Homer City Code Creating the Scenic Gateway Overlay District to
Further Regulate Development in Along the Sterling
Highway from Rogers Loop on the Baycrest Hill to the
Intersection of the Sterling
Highway and Pioneer Avenue. City Manager/Planning.
Recommend Introduction
Memorandum
08-38 from City Planner as backup.
Postponed to
C. Resolution 08-27, Of the City Council
of Homer,
D. Resolution 08-29, Of the City Council
of Homer, Alaska, Authorizing the City Manager to Issue a Request for Proposals
for Consulting Services to Assist in Implementation of the Climate Action Plan.
City Manager.
Moved to Resolutions.
E. Resolution 08-32, Of the City Council of Homer, Alaska, Noting
Public Works Acceptance of the
Spruceview and West Noview Road LID Projects,
Accepting These Projects for City
Maintenance and Forwarding the Assessment Districts to the Final Assessment Roll and Payment Process
and Setting a Public Hearing Date of
Memorandum
08-35 from Public Works Director as backup.
Moved to Resolutions.
F. Memorandum 08-29, from Deputy City
Clerk Re: Confirmation of Election Workers for the City of Homer Special
Election –
G. Memorandum 08-31, from Deputy City Clerk, Re: Liquor
License Renewal – El Pescador Grill. Recommend non objection and approval.
The consent agenda as amended was approved by consensus of the Council.
VISITORS
None.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH
REPORT/COMMISSION REPORTS
PUBLIC HEARING(S)
A.
Final Assessment Roll –
There was no public
testimony.
B.
Final Assessment Roll –
There was no public
testimony.
C. Ordinance 07-52(A), Of the City Council of Homer, Alaska,
Amending the Homer Zoning Code by
Adopting a New Chapter 21.56 to Create a New Town Center Zoning District and Amending the Zoning Map to
Rezone Portions of the Central Business District
to the Town Center Zoning District. Wythe. Introduction
Memorandum
08-25 from City Planner as backup.
Frank Griswold, city resident, commented on
Councilmember Shadle stated a conflict of interest as the managing member
of an LLC that owns property in the newly mapped area the Planning Department
decided to scope in.
Mayor Hornaday excused Councilmember Shadle. Councilmember Shadle stepped
down.
Matt Shadle, city resident and as a member of the public, is surprised there
are not more people here. The zoning should be by volunteer only. The new area
takes in both sides of
Mayor Hornaday called for a motion for the adoption of Ordinance 07-52(A)
by reading of title only for second and final reading.
WYTHE/NOVAK – SO MOVED.
WYTHE/NOVAK - MOVED TO RETURN THE STATEMENT TO THE FOURTH WHEREAS TO
RETURN “THE ENCOURAGES MINIMUM STANDARDS”
Councilmember Wythe noted the objective of the ordinance to implement
the intentions of the Town Center Plan, not to place additional excessive
restrictions. Narrowing the restrictions may devalue the properties.
Councilmember Novak argued there are architectural standards in the
VOTE: NO. NOVAK, HEIMBUCH, ROBERTS
VOTE: YES. WYTHE
Motion failed.
WYTHE/HEIMBUCH – MOVED TO REMOVE SECTION 2
NOVAK/WYTHE – MOVED FOR A FRIENDLY AMENDMENT TO ADD: “THE
There was no discussion.
VOTE: (friendly amendment) YES. NON OBJECTION.
UNANIMOUS CONSENT.
Motion carried.
VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
WYTHE/HEIMBUCH – MOVED TO AMEND
Councilmember Wythe stated it is presently placed as a conditional use,
the Town Center Design Manual allows a building in excess of 35 ft.
City Planner McKibben noted in the first packet there was a memo from the
Fire Chief explaining why the building height should not exceed 35 ft. There is
no firefighting equipment to service buildings in excess of 35 ft. It affects
the ISO insurance rating for everyone in the city.
Councilmember Wythe said there are four or five buildings exceeding 35
ft. that have diminished the ISO rating. It could put us in a position to
encourage acquisition of a fire ladder. It should be placed consistent with the
Councilmember Roberts commented it is best to keep it where it is.
City Attorney Tans said it logically makes sense to put it on line 187;
it could be included as requiring a CUP. How high beyond 35 ft.? A limit should
be placed.
NOVAK – CALL FOR THE QUESTION.
Motion died for lack of a second.
VOTE: (amendment) YES. WYTHE, HEIMBUCH
VOTE: NO. ROBERTS, NOVAK
Motion failed.
NOVAK – MOVED TO AMEND
Motion died for lack of a second.
Councilmember Wythe noted concerns of architectural standards as
outlined on line 211, they compromise sustainability building desires.
WYTHE/HEIMBUCH – MOVED TO POSTPONE FOR
Councilmember Novak objected to postponement; it is not an
objectionable item and can be amended at a later date.
VOTE: (postponement) YES. HEIMBUCH, WYTHE
VOTE: NO. NOVAK, ROBERTS
Motion failed.
NOVAK/HEIMBUCH – MOVED TO AMEND
VOTE: (amendment) YES. NOVAK, HEIMBUCH, ROBERTS, WYTHE
Motion carried.
WYTHE/NOVAK - MOVED ON
Councilmember Heimbuch is puzzled why when there is a set of standards
you are just encouraged to follow it.
VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
WYTHE/ROBERTS - MOVED TO AMEND
There was no discussion.
VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
WYTHE/NOVAK - MOVED TO AMEND
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS
CONSENT.
Motion carried.
WYTHE/HEIMBUCH - MOVED TO AMEND
It is a housekeeping adjustment as subsection A of
VOTE: YES. NON OBJECTION. UNANIMOUS
CONSENT.
Motion carried.
WYTHE/NOVAK - MOVED TO AMEND
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS
CONSENT.
Motion carried.
Discussion ensued on buildings in excess of 8,000 sq. ft or in excess
of 30% of the lot area requirement of a CUP.
HEIMBUCH/NOVAK – MOVED TO AMEND
Council discussed the need to add the language as a CUP is already a
requirement.
VOTE: NO. NOVAK, HEIMBUCH, ROBERTS, WYTHE
Motion failed.
City Planner McKibben asked Council to consider the amendments
recommended by the Planning Commission.
NOVAK/ROBERTS – MOVED TO ADD THE AMENDMENTS DRAFTED BY THE PLANNING
COMMISSION.
NOVAK/ROBERTS - MOVED TO AMEND TO ADD THE AMENDMENTS DRAFTED BY THE
PLANNING COMMISSION WITH THE EXCEPTION OF THE BOUNDARIES, THE BOUNDARIES WILL
REMAIN THE SAME AS THE BOUNDARIES DEFINED IN THE TOWN CENTER DISTRICT
There was no discussion.
VOTE: (amendment to amendment) YES. NON OBJECTION.
UNANIMOUS CONSENT.
Motion carried.
VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
There was no additional discussion on the main motion as amended.
VOTE: (main motion as amended) YES. NON OBJECTION.
UNANIMOUS CONSENT.
Motion carried.
D. Ordinance
08-09, Of the City Council of Homer, Alaska, Dedicating and Appropriating
FY 2007 Revenue Sharing Funds in the Amount of $331,221.00 to the Fire
Department Fleet Reserves for the Purpose of Purchasing a New Fire Engine. Mayor/Council. Introduction
There was no
public testimony.
Mayor Hornaday called for a motion for the
adoption of Ordinance 08-09 by reading of title only for second and final
reading.
WYTHE/NOVAK – SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS
CONSENT.
Motion carried.
ORDINANCE(S)
A. If
reconsidered: Ordinance 08-08, An Ordinance of the City Council of the City
of
Memorandum
08-24 from City Planner as backup.
MOTION TO ADOPT (ORDINANCE 08-08 FOR INTRODUCTION) IS ON THE FLOOR.
Council discussed the Planning Commission recommendation that the
rezone not be approved due to their finding of no public good. It is hopeful at
the March 24th meeting public testimony will be presented by the
Planning Commission and staff on the difference of recommendations.
VOTE: YES. NOVAK, HEIMBUCH, ROBERTS, WYTHE, SHADLE
Motion carried.
C.
Ordinance 08-11, Of the City Council of Homer, Alaska,
Amending the FY 2008 Operating Budget by Appropriating $36,000 to the Homer
Hockey Association (HHA) through the Homer Foundation, Establishing a Line Item
in Future Operating Budgets for HHA, and Recommending a Future Funding Amount.
Mayor. Recommend Introduction
Mayor Hornaday related concern was raised that Councilmember Novak may
be disqualified because he owns a hotel and makes money on hockey events.
Councilmember Novak responded he is not open in the winter, therefore cannot
make any money.
Mayor Hornaday called for a motion for the adoption of Ordinance 08-11
for introduction and first reading by reading of title only.
HEIMBUCH/NOVAK – SO MOVED.
Council commented on the good testimony presented both in favor and against
the funding for HHA.
VOTE: YES. NOVAK, HEIMBUCH, ROBERTS, WYTHE, SHADLE
Motion carried.
C. Ordinance 08-13, An Ordinance of the City
Council of Homer,
HEIMBUCH/NOVAK – MOVED TO ADOPT ORDINANCE 08-13 FOR INTRODUCTION
Councilmember Heimbuch commented the NPFA has sponsored the annual
seafood dinner for 26 years. The seafood is dedicated and donated for the event.
Commercial fishermen are the largest single economy in town. There is a need to
recognize the commercial fishing industry. Although much of their work is not
visible they work with the Coast Guard in safety issues and stay abreast of
political and economical issues. Every year the seafood banquet serves between 300
and 500 people. The cost of renting the Elks Hall is $700; it is a one time
contribution to help offset the cost.
VOTE: YES. NON OBJECTION. UNANIMOUS
CONSENT.
Motion carried.
A.
City
Manager’s Report
City Manager Wrede provided an update on the
Councilmember Wythe encouraged Council to find alternate means to
finance management expenses amounting to $1,819,000. If a different means of
financing the non-construction expenses can be found, the project would require
$6M to bond. Council should focus on building at the least cost to the
community. We need a new building and the project will never be less costly.
Homer News will be providing a public information forum on March 24th
and have asked Councilmember Wythe to discuss the financial aspect of the
project.
B. Question of the Week
COMMITTEE REPORT
A. Comprehensive Plan
Community Advisory Committee
(
B. Public Arts Committee
(
C. Transportation Advisory
Committee
(
D. City Hall -
(
Open
House
E. Permanent Fund
Committee
(
PENDING BUSINESS
None.
A. Memorandum 08-30, 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. (Legal Defense for Defendants Minsch, Shadle, Stark and Zak)
Councilmember Shadle was excluded from participation at the January 28th meeting, as he is a defendant in the Taffe lawsuit.
HEIMBUCH/WYTHE – MOVED TO ADOPT.
There was no discussion.
VOTE: YES. WYTHE, NOVAK, HEIMBUCH, ROBERTS
Motion carried.
Council recessed to Executive
Session at
Mayor Pro Tempore Novak related Council met with the City Attorney and received legal advice and a resolution will be forthcoming.
RESOLUTIONS
A.
Resolution 08-18, Of the City Council of Homer,
SHADLE/ROBERTS
- MOVED TO ADOPT RESOLUTION 08-18 BY
Councilmember
Shadle commented there are a lot of non profits that need help and donating the
monthly stipend is a good way to help.
Council
discussed the current abilities to donate their stipend and decided the
resolution would not affect their present option to donate to non profits.
VOTE: YES.
SHADLE
VOTE: NO.
ROBERTS, WYTHE, NOVAK
Motion
failed.
B. If reconsidered: Resolution 08-25, Of
the City Council of Homer,
Councilmember Heimbuch pulled the reconsideration under agenda approval,
causing Resolution 08-25 to fail.
C. Resolution 08-28, Of the City Council
of Homer, Alaska, Requesting the Alaska State Legislature to Provide Support
for the Homer Hockey Association (HHA). Mayor.
Mayor Hornaday called for a motion for the adoption of Resolution 08-28
by reading of title only.
NOVAK/SHADLE - SO MOVED.
There was no discussion.
Motion carried.
D. Resolution 08-30, Of the City Council
of Homer,
Memorandum 08-32 from Homer Transportation Advisory Committee as
backup.
NOVAK/WYTHE – MOVED TO POSTPONE.
Council
discussed remanding the resolution to the Transportation Advisory Committee (
WYTHE - MOVED
TO POSTPONE TO
There was no
discussion.
Motion failed
for lack of a second.
NOVAK/WYTHE- MOVED TO POSTPONE TO THE FIRST
MEETING IN APRIL.
Brief discussion ensued on postponement; it
is unlikely the questions will be worked out.
VOTE: YES. HEIMBUCH, ROBERTS, WYTHE, NOVAK
VOTE: NO. SHADLE
Motion carried.
Council
requested Resolution 08-30 be scheduled for discussion
at the
E.
Resolution 08-31, Of the City Council of Homer,
Memorandum
08-37 from City Planner as backup.
WYTHE/NOVAK – MOVED THAT RESOLUTION 08-31 BE CONTINUED TO FOLLOW THE
GATEWAY DESIGN, AS THE AMENDMENTS COINCIDE WITH THE GATEWAY OVERLAY.
There was no discussion.
VOTE: YES. NON OBJECTION.
UNANIMOUS CONSENT.
Motion carried.
F. Resolution 08-33, Of the City Council
of Homer, Alaska, Awarding the Contract for the 35% Design of the Town Square
Improvements to the Firm of ECI/Hyer of Anchorage,
Alaska, in the Amount of $39,250.00 and Authorizing the City Manager to Execute
the Appropriate Documents. City Manager/Public Works.
Memorandum 08-33 from Public Works Director
as backup.
Mayor
Hornaday called for a motion for the adoption of Resolution 08-33 by reading of
title only.
NOVAK/WYTHE – SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION.
UNANIMOUS CONSENT.
Motion carried.
G. Resolution 08-34, Of the City Council
of Homer, Alaska, Awarding the Contract for the Design of
Road/Water/Sewer/Drainage Improvements for the Town Center to the Firm of Seabright Survey of Homer, Alaska, in the Amount of $89,255.00
and Authorizing the City Manager to Execute the Appropriate Documents.
Memorandum 08-34 from Public Works Director
as backup.
Mayor Hornaday
called for a motion for the adoption of Resolution 08-34 by reading of title
only.
WYTHE/NOVAK – SO MOVED.
Councilmember
Shadle divulged a possible conflict as he hired Seabright
Survey in the past. They worked for him last year, are not currently working
for him, but could be in the future.
Mayor Hornaday
ruled Councilmember Shadle had a conflict and excused him. Councilmember Shadle
stepped out of the room.
Councilmember
Heimbuch asked if the work is something we would continue on with if the bond
measure fails. City Manager Wrede answered the work is necessary to keep the whole
project moving forward, to bring up the Square to 35% plan, keeping the project
on schedule. It is up to the Council what they might do after the election.
Public Works
Director Meyer explained the contract will provide the design necessary for
road access and sewer and water. The need to develop the road, water and sewer
and infrastructure to support City Hall is crucial. If the project is delayed a
year, we will still have to do it all. The plat will create street right-of-ways
and corridors for access to the property to build City Hall on. Mr. Meyer
cannot imagine spending more than $20,000 on design work before the election.
City Manager
Wrede noted he is in the process of negotiating a deal with CIRI, the adjacent
land owner, on how to share costs. Although there have been no deals struck, there
is good potential other property owners will be responsible for some of the
costs.
VOTE: YES. NON OBJECTION.
UNANIMOUS CONSENT.
Motion carried.
H. Resolution 08-35, Of the City Council
of Homer, Alaska, Awarding the
Contract for the Purchase of an All Terrain Utility Vehicle to Homer Saw and
Cycle of Homer, Alaska in the Amount of $13,999.99 and Authorizing the City
Manager to Execute the Appropriate Documents. City
Manager/Police Chief.
Memorandum 08-36 from Police Chief as backup.
Mayor
Hornaday called for a motion for the adoption of Resolution 08-35 by reading of
title only.
WYTHE/NOVAK – SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION.
UNANIMOUS CONSENT.
Motion carried.
I. Resolution 08-36, Of the City Council
of Homer, Alaska, Requesting Collaboration of the City of Homer and the Alaska
Department of Transportation on a Thorough Investigation of the Causal Factors
of Bluff Erosion and Flooding on Kachemak Drive. Mayor.
Mayor
Hornaday called for a motion for the adoption of Resolution 08-36 by reading of
title only.
WYTHE/ROBERTS – SO MOVED.
WYTHE/NOVAK –
MOVED TO AMEND THE
ROBERTS/NOVAK
- MOVED FOR A FRIENDLY AMENDMENT IN THE TITLE TO ADD “AS SOON AS POSSIBLE”
AFTER THE
There was no discussion.
VOTE: (friendly amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (amendment) YES. NON
OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion as amended) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
J. Resolution 08-37, Of the City Council of Homer, Alaska, Approving a
Long Term Ground Lease with Harbor
Leasing LLC for Lot 12C, Fish Dock Road. City Manager.
Mayor Hornaday called for a motion for the adoption of Resolution 08-37
by reading of title only.
WYTHE/SHADLE – SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS
CONSENT.
Motion carried.
K. Resolution 08-29, Of the City Council
of Homer, Alaska, Authorizing the City Manager to Issue a Request for Proposals
for Consulting Services to Assist in Implementation of the Climate Action Plan.
City Manager.
Mayor Hornaday called for a motion for the
adoption of Resolution 08-29 by reading of title.
WYTHE/NOVAK – SO MOVED.
NOVAK/WYTHE – MOVED TO POSTPONE.
Discussion ensued on implementing the Climate Action Plan (
Councilmember Novak noted there were two different approaches, one
adopting the Borough plan the other the
VOTE: YES. NOVAK
VOTE: NO. HEIMBUCH, ROBERTS, WYTHE, SHADLE
Motion failed.
Councilmember Heimbuch expressed satisfaction with the RFP as it will
determine the nature and extent of the
NOVAK- MOVED TO AMEND THE
Motion died for lack of a second.
Councilmember Wythe commented that is the biggest factor for success or
failure to find a qualified individual. Councilmember Roberts noted the RFP
said the individual would work under direction of the City Manager. City
Manager Wrede responded it is important for all city employees to make an
effort to follow the recommendations, therefore the
person should answer to the City Manager.
NOVAK/ROBERTS – MOVED TO AMEND THE RESOLUTION TITLE TO DELETE THE LAST
PORTION: “ASSIST IN IMPLEMENTATION OF THE CLIMATE ACTION
Councilmember Novak said Council has talked about the
VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion as amended) YES. NON OBJECTION.
UNANIMOUIS CONSENT.
Motion carried.
L. Resolution 08-32, Of the City Council of Homer, Alaska, Noting
Public Works Acceptance of the
Spruceview and West Noview Road LID Projects,
Accepting These Projects for City
Maintenance and Forwarding the Assessment Districts to the Final Assessment Roll and Payment Process
and Setting a Public Hearing Date of
Memorandum
08-35 from Public Works Director as backup.
Mayor Hornaday called for a motion for the adoption of Resolution 08-32
by reading of title only.
WYTHE/ROBERTS – SO MOVED.
Councilmember Wythe asked if there were lingering concerns of the final
project? Public Works Director Meyer answered there
are always lingering concerns; a one-year warranty period applies to the
project. He is confident the contractor has met the construction contract.
VOTE: YES. NON OBJECTION. UNANIMOUS
CONSENT.
Motion carried.
COMMENTS OF THE AUDIENCE
Cinda Eckert, city resident, thanked Council, adding she has very much respect
for the time and effort they put forth.
Bruce Ketshow voiced the City’s need for
trails and sidewalks upgrades and maintenance. Crosswalks need to be clearly
marked with blinking yellow lights. Although it is commendable the City adopted
the Community Schools program, low income family’s participation fees should be
waived for basketball, volleyball and soccer. Energy costs are the same, no
matter the number of participants. He proposed Council honor a day to honor Brother
Asaiah with individuals and businesses recognized on
carrying on his work, namely the Refuge Chapel and Armegaden
Café.
Mayor Hornaday remarked we already proclaim Valentine’s Day as Brother Asaiah Day.
Leonard Wells, city resident, thanked Council for passing the
Vern Adkison, asked what happened to
Resolution 08-36?
Mayor Hornaday answered it passed.
Kim Seymour, city resident, has investigated the Scenic Gateway Corridor
Overlay and nobody seems to know much about it. He contacted property owners
and they asked what he was talking about? A public announcement in the paper
outlining what it is and what it is about could be made. A lot of stuff is
being imposed with far reaching consequences. He commended Council for their
work.
Councilmember Roberts noted the Planning Department mailed ten pages of
notice to property owners.
COMMENTS OF THE
City Attorney Tans commented it was a beautiful day in Homer and an
interesting meeting tonight.
COMMENTS OF THE
City Clerk Johnson reminded the audience of absentee voting, open now
through March 24th for the Special Election.
COMMENTS OF THE
City Manager Wrede commented an Open House is scheduled for Thursday,
March 13th with focus on the Square. The public may ask any
questions. There is a Chamber of Commerce forum on March 18th at
COMMENTS OF THE MAYOR
Mayor Hornaday had no comments.
COMMENTS OF THE
Pro Tempore Novak commented the Town Square/City Hall Review Committee
meeting is Thursday, March 13th from
Councilmember Shadle noted he had a conflict of interest on an item and
while Council was in Executive Session the Clerk and he looked through the
Operating Manual and Robert’s Rules of Order. There was nothing to indicate the
Mayor had the authority to postpone the Scenic Gateway ordinance. He wants to
make sure Council is doing everything right.
Mayor Hornaday commented he acted on the theory when nothing else works
a solution can be arrived at in some fashion. He referred to the City Attorney
for guidance.
City Attorney Tans commented there has to be a way to get an ordinance
introduced and it seemed like the best way without a lot of fuss to get there.
Councilmember Shadle stated the only way to bring the ordinance back
was to wait for six months. He commented he is only allowed three
teleconferences and regretted missing the last meeting. Councilmember Novak
didn’t get a second on Resolution 08-26. At the Committee of the Whole
Councilmember Heimbuch remarked the Planning Commission put in an enormous
amount of work on the Gateway district. The impeachment people put in a lot of
work on Resolution 08-26. Whether Council disagrees or agrees on the issue,
they owe time for discussion. The halibut are coming into Homer and hopefully
there will be a lot more jobs out there for people on the dock.
Councilmember Wythe encouraged members of the community to become
involved in the process, of the financing and potential expense of the
building. Whether you support the ballot measure or not it is important to get
out and vote on March 25th. Absentee voting is open now. It is
important the community participate in the discussion and realize the scope of
the project and necessity. The Open House, Homer News and Chamber of Commerce
forums are the places to get questions answered prior to the election to make
an informed decision.
Councilmember Heimbuch had no comments.
Councilmember Roberts said she was unable to attend the last meeting
due to illness. She felt the people deserved a second on the impeachment
resolution and a chance to hear Council’s opinion. She signed the impeachment
petition. Although she wasn’t going to vote for the resolution, she wanted a
good discussion about it. She was not elected to make those kinds of decisions
for the citizens of Homer.
ADJOURNMENT
There being no further business to come before the Council the meeting
was adjourned at
______________________________
JO JOHNSON,
Approved: _____________________