Session 06-08 a Regular Meeting of the Homer City Council was called to order at 7:02 (1) p.m., by
Mayor James C. Hornaday at the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer
Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.
PRESENT: COUNCILMEMBERS: HEIMBUCH, McLAY, NOVAK, SHADLE (telephonically),
STARK, WYTHE .
STAFF: CITY CLERK CALHOUN
CITY MANAGER WREDE
DEPUTY CITY CLERK II JOHNSON
DEPUTY CITY CLERK I JACOBSEN
CITY PLANNER McKIBBEN
FIRE CHIEF PAINTER
LIBRARY DIRECTOR HILL
ABSENT: COUNCILMEMBERS:
Department Heads may be called upon from time to time to participate via teleconference.
Committee of the Whole met from 4:03-5:04 p.m. Agenda items: ROAD STANDARDS
COMMITTEE, Mission and Composition, COMMISSIONER DATA SHEET, COMMUNITY
SCHOOLS REPORT, TOWN CENTER DEVELOPMENT PLAN, and the REGULAR MEETING
AGENDA items. Homer City Hall Cowles Council Chambers.
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 City Council with the following
changes/notations:Consent Agenda: Ordinance 06-22, substitute page 61 with correct map,
Ordinance 06-23, Capital Project Budget Sheet, Revenue and Expenditure Account number 415-919 to
be inserted,Announcements, Presentations, Commission Reports, Borough Reports: Statement of
Support for the Guard and Reserve and Mayor's Report on Peninsula Conference of Mayors. Public
Hearing(s):Written testimony on Ordinance 06-08. Resolutions: KPB School District letter of support
for Resolution 06-35.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Public Comments upon matters on the agenda except: Public Hearing Items: Ordinance
06-08,Adding the Town Center Development Plan to the Homer Comprehensive Plan; Ordinance
06-12, Amending CBD by Deleting Some Allowed Uses; Ordinance 06-16, Amending Port and Harbor
Advisory Commission Membership; Ordinance 06-17, Amending Planning Commission membership;
Ordinance 06-18, Amending Economic Development Commission membership; andOrdinance 06-19,
Authorizing the Expenditure of Fleet Reserve Funds up to $40,000.00.
Mike Illg, Homer resident and Coordinator of the Homer Community Schools program, spoke in favor
of Resolution 06-35. He stated that after reviewing the City's projected Community Schools budget he
feels very confident that they can make this budget a lot smaller and that with a smaller budget being
considered maybe Resolution 06-35 can be approved with the additional consideration of sending this
particular issue out to City residents for a voter initiative this fall. He noted that all are aware of the large
number of participants, advocates and supporters of the Community Schools Program, many of whom
have written letters and have presided at City Hall meetings regarding Homer Community Schools. This
will allow for a true determination of how important Homer Community Schools is and for the
community to avoid the immediate closure of this popular program without community input.
Claudia Haines, commented about the Mayoral Proclamation for Library Week, April 2 - 8, 2006 and thanked the Mayor and Council for recognizing this national event which celebrates the importance of all libraries, a connection of support of libraries and the contributions of library staff with all fifty states. She advised of local activities:
April 5th - seven new works added to the top drawer collection, during a reading by local authors whose works will be added. The top drawer is a special project which seeks to document the stories of local authors and inspire new writers by making a home for their works at the Library. With over 80 pieces in the collection including works of fiction, non fiction and even a collection of letters to the editor. The top drawer project is popular. Community members can hear excepts from the new works at the Homer Council on the Arts at 7 p.m. on April 5th. All are welcome and it's a free event.
April 6th - New literacy topic for the Friends of the Homer Library. Media literacy and the impact of film and TV on kids. Miriam Elizondo, a local film maker and co founder of the Homer Film Society will present "Media Savvy from the Real World to the Real World" which will discuss media literacy for kids through such topics as the basics of film making, how to interpret what you are watching and understanding who is sending the message. The workshop will take place at the Islands and Ocean Visitor Center Auditorium at 6:30 p.m. All are welcome and it's a free event.
April 7th - The Friends and Girl Scout Troop 580 will be hosting a first Friday event celebrating National Library Week and the end of the library card drive, which was sponsored by the Girl Scouts as part of their bronze award. The Girl Scouts have been encouraging local kids to get a library card and to enjoy what the library has to offer, since March 13th. The event takes place from 5:30 to 7 p.m. and anyone who wants to get a new library card will be able to do so until 7 p.m. The Girl Scouts will draw two new library card holder names for two prizes from the Gear Shed and Timeless Toys. All are welcome and it's a free event.
April 8th - The Friends and local partners, like the Homer Theatre, Homer Council on the Arts and the Homer News are sponsoring the first annual Homer International Film Festival for children. This brings films from around the World to Homer for young people ages eight and above. It's the first of its kind in the State. The films will include a documentary, fantasy, foreign language films, animated films, feature length films and shorts. The Film Festival will run on Saturdays from April 8th to May 13th at the Homer Theatre. The shows start at 11 a.m. and admission will be $3.00. Young people under 18 may bring their Homer Library Card and get in for $1.00, a great deal.
Ms. Haines stated that all of these events celebrate the Homer Public Library and what is possible at
today's libraries. She encouraged attendance at these events and participation in the festivities. She
reported that more information is available on the New Homer Library Newsletter at the back of the
room, on the Friends website at www.friendshomerlibrary.org or call the Library. She thanked the Mayor
and Council.
Ginny Espenshade, live in the City, advised that she is speaking as a volunteer with Homer Community Schools and that she is also a user as are her family members. She relayed that historically there has been a very Symbiotic Partnership between the School District and the City in the development and nourishment of Community Schools through no fault of any of those parties that partnership is being dissolved. This is kind of an intertwining give and take that is being ripped apart and now the City Administration has been asked to write a budget. She thanked them for the starting point of that budget. She echoed Mike Illg's comments with confident agreement, that when the parties involved look at that budget line by line, that it can be reduced. She encouraged the Council to keep that in mind. She cited, for example, discussions with Melanie Douglas and Glen Szymoniak from the School District wherein they were confident that the School District would continue to provide the kind of in kind services that they have historically, which is a little difficult to itemize and therefore not reflected in the City's budget. She noted that this could be between $17,500.00 and up to $32,000.00 of the projected budget. She expressed her confidence that when it gets to the point of the School District and the City negotiating a user agreement, which will be necessary since these programs will be in the School buildings, that those things can be ironed out. She also noted that the Community Schools get to use these million dollar facilities for free. She reported taking the Spring Schedule that Mr. Illg developed, went Class by Class, considering what space each class is using, the number of hours of use and the rate that groups would be charged: If a commercial entity that Spring Session amounts to $35,000.00 worth of usage. The non commercial use fee is $19,000.00, there are three sessions and a partial summer session.
The in kind use of the facilities is something that the City's partnership with the School District has kept
the doors open. However, it is figured out to maintain this program that the City is leveraging that value,
just in the square footage - the welding shop, the gym, the green room, and the mat room. She pointed
out that the School District is not comfortable having another entity manage and coordinate the
scheduling and the keys to those facilities. She commented about some of the Council being interested in
starting yet another non profit, adding that she works for a non profit and sits on boards of non profits.
She expressed her opinion that Joy Steward did an excellent letter explaining that non profits are kind of
like fishing permits, there are too many of them going after the same money, especially non profits
designed to operate for recreation or sports, emphasizing that grants for operations for recreation or
sports are very difficult to obtain. She pointed out that there is a dedicated group of volunteers working
with this issue, working with the City Manager, Melanie Douglas with the School District, and that if
there is an issue of oversight they are willing to establish an advisory board for the entity so that it would
not all be just one employee or his staff reporting to the City Manager. She expressed total support of
the thought of a trail basis, that the Council will realize that they are getting their money's worth, and
they can experiment with what the market would bear as far as user fees, adding that it is a tremendous
value and believes that the users realize that. She reported that there have always been user fees, and
now Mr. Illg is starting to introduce concepts of user fees for the outdoor users such as for the
port-a-potty and those types of uses. She expressed confidence that if this were put to the voters that it
would pass, since this is the only area in the borough that passed the initiative about extra curricular
funding outside of the cap through a service area formation, adding her belief that this area would
support the purposes and values that Community Schools addresses. She commented, as someone who
works with youth, that the most telling and compelling comments made about this issue were by the City
Manager on the radio. She reported that every kid that gets in trouble, in her program, has to write an
essay, such as "Why did I Make this Stupid Decision?", noting that many have put down in the essay
"What else was there to do in this town?" Community Schools is a program that provides, when looking
at the spread sheet, a variety of programs. Show that to the kid or the adult who says there is nothing to
do. She expressed her hope that all can work together to make this program continue, it's a bargain and
the budget can definitely be tweaked. She provided copies of her usage spreadsheet.
Jean Parker, City resident, spoke on the Town Square and Community Schools noting that both of these
are quality of life issues, adding that Ms. Espenshade just touched on that. She emphasized that a town
that wants to be healthy and striving has to be proactive in their pursuit of healthy opportunities for their
citizens. She expressed her opinion that the Community Schools is really wonderful because it is on a
multi age basis, most of the classes have multi age participants, adding a note that the classes she has
taught tend to be geared toward a specific age group. Teaching kids and teaching adults that learning,
living, and healthy life styles is something that goes on and on is really, really a good way to spend
money. She advised the Council that she really started thinking about it a little differently after the
tragedy at the airport (2) and the tragedy following that with the meth amphetamine (3). Why do we
continue to put band aides on after the fact? Community Schools is a really healthy program for which
Homer should be turning over every leaf to find a way to keep it going. It involves so many people and
its such a healthy resource. The schools are looking into nutrition and physical activity and they are
starting to wake up to the fact that they need to put more emphasis on that, but it can't all happen in the
schools, it can't all be targeted toward those school aged children and it has to be community wide
supported and held all the time. On all of those levels, as a tax payer, with a beautiful, multi use and
diverse facility that would be costly if the City had to come in and pay for it. A lot of the teachers that
teach there would not be able to go somewhere else and teach the classes that they teach. These teachers
are not there to make money they are there to support the whole idea. She stated that as a citizen she
wants to say that Community Schools is one the Council's best uses of her tax money.
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 March 13, 2006 Regular Meeting. City Clerk.
Recommend approval.
B. Ordinance 06-21, Of the City Council of Homer, Alaska Amending Homer City Code Section 21.44.040, Urban Residential UR and 21.45.040, Rural Residential RR Concerning Dimensional Requirements. City Manager. Requested by Planning Commission. Recommend introduction, conduct Public Hearing April 10, 2006 and Second Reading April 24, 2006.
Memorandum 06-49 from Planning as backup.
B.1. Resolution 06-number not assigned at this time, Of the Homer City Council Identifying
Rights-of-Way within the Rural Residential and Urban Residential Zoning Districts that Access
Kachemak Bay Determined to be Unsuitable for Road Construction. City Manager. Requested by
Planning Commission. Follows same schedule as Ordinance, No action until April 24, 2006.
C. Ordinance 06-22, Of the City Council of Homer, Alaska, Amending the Homer City Zoning Map to Rezone Portions of the Urban Residential (UR) to Residential Office (RO). Extending the RO to include all of Lot 37-A, A.A. Mattox Subdivision Homer Professional Building Addn. and Lot 12-A, A.A. Mattox Sub. No. 8. and Rezoning Lot 1, A.A. Mattox Subdivision No. 8. from UR to RO. City Manager. Requested by Planning. Recommend introduction, conduct Public Hearing April 10, 2006 and Second Reading April 24, 2006.
Memorandum 06-48, from Planning as backup.
D. Ordinance 06-23, Of the City Council of Homer, Alaska Accepting and Appropriating a Grant of $60,000.00, 75% Funded by the Federal Sport Fish Restoration Act and 25% Matching Funds from the Alaska Department of Fish and Game, to Replace the Fish Cleaning Tables at Ramp 4 and to Relocate this Cleaning Station, and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue and Expenditure Account Numbers are 415-919. Port and Harbor. Recommend introduction, Public Hearing and Second Reading on April 10, 2006.
Memorandum 06-50, from Port Harbor Director as backup.
E Resolution 06-29, Of the City Council of Homer, Alaska Awarding the Contract for the Operations
and Management of the Homer Animal Shelter to Sherry Bess, dba, Coastal Animal Care, of Anchor
Point, Alaska in the Amount of $ 97,000.00 with a 5% Increase Every Year for Five Years, and
Authorizing the City Manager to Execute the Appropriate Documents. City Clerk. Fiscal Note: Account
Number: Budgeted in 100.165. Recommend adoption.
Memorandum 06-40, from City Manager as backup.
F. Resolution 06-33, Of the Homer City Council Accepting and Expressing Support for the City of Homer and Kachemak City Community Wildfire Protection Plan. City Manager. Recommend acceptance.
Memorandum 06-51, through City Manager.
G. Resolution 06-34, Of the City Council of Homer, Alaska, in Support of Continued Funding for the
Aspirations Program in the Kenai Peninsula Borough and Encouraging the Kenai Peninsula Borough
School District to Pursue Funding for Another Three Years. Mayor. City Clerk.
H Memorandum 06-53, from City Clerk, Re: Travel Authorization for Juneau Lobbying Trip for Mayor
and/or Up to Two Councilmembers. Fiscal Note: Mayor and Council: 2006 Budget: 100.100.5236,
Transportation: $6,500.00 and100.100.5237, Subsistence: $4,500.00. Round Trip Air fare is
approximately $600.00. Room rates are approximately $100 per night. Per diem is $53.00 per day, for
three meals. POV reimbursement is $0.445 per mile up to airfare rate, may be used for travel to
Anchorage instead of flying out of Homer. Recommend authorization.
I Memorandum 06-54, from City Clerk, Re: Vacation of a 33 foot section line easement along the
south and west boundary of Lot 20-A Mattox Subdivision Birch Terrace Replat (Plat HM 2005-55):
within Section 16, Township 6 South, Range 13 West, Seward Meridian, Alaska; The City of Homer and
Within the Kenai Peninsula Borough; KPB File 2006-33; Petitions: Steven L. Rouse, KPHI David B.
Gassner, and Jackie R. La Cruze of Homer, Alaska; Location: City of Homer.
WYTHE/NOVAK - SO MOVED. FOR THE ADOPTION AND/OR APPROVAL OF THE
RECOMMENDATIONS OF THE CONSENT AGENDA AS READ.
There was no discussion. No items were pulled.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VISITORS
None scheduled.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS
A. Mayoral Recognition
Doug and Sandy Stark have passed their USCG crew member oral exams.
Statement of Support for the Guard and Reserve Statement
B. Mayoral Proclamation, Library Week April 2 - 8, 2006.
C. Planning Commission Report - Decision on Board of Adjustment Remand on Conditional Use Permit #05-09 Adair, Planned Unit Development, as Permitted by Homer City Code 21.49.030(f) at 1302 Ocean Drive, Lots 29, 30, 56 and 57 Bayview Subdivision.
D. Memorandum 06-55, Parks and Recreation Commission Report.
E. Mayor's Report on Peninsula Conference of Mayors
Mayor Pro Tempore McLay requested a recess, Mayor Hornaday called for a recess at 7: 26 p.m. This
was to surprise the Mayor with a Birthday celebration, today being his Birthday. The Shivering Gypsies
danced for the Mayor and sang Happy Birthday to him with all in attendance joining in. Some of the
Mayor's family was present. The Mayor was presented with a gift and there was birthday cake, ice cream
and punch for everyone.
Mayor Hornaday called the meeting back to order at 7:41 p.m.
PUBLIC HEARING(S)
A. Ordinance 06-08, Of the City Council of Homer, Alaska Adding the Town Center Development
Plan to the Homer Comprehensive Plan and Recommending Adoption by the Kenai Peninsula Borough.
City Council. (Formerly Ordinance 05-53, Planning Commission Process Completed, Reintroduced
February 13, 2006 due to quarterly interval, Public Hearing February 27, 2006 and March 28, 2006,
Second Reading March 28, 2006.)
Bumppo Bremicker, City resident, held up a little display map of the town center area. He expressed support of the idea of the Town Center, advised that he has attended a few meetings about the Town Center with the Committee the past couple of years and that the basic idea of having a Town Center with some residential and commercial development around it is a really good one. He stated that this could make a wonderful center for the City, but that he has a few concerns with the plan as presented: Generally, there is not enough open green space in the plan, The plan presented by the Town Center Committee has a number of green and open spaces within it, A better plan would be to take some of these diverse spread out open spaces and sort of organize them in the center of the area, and Fred Meyer has some preliminary designs.
He displayed the plan that he worked on about a year or so ago. The area in the center, proposed open
area. The area is 8.6 acres, 7.6 of which is CIRI (Cook Inlet Region, Inc. - Native Association) land.
This area could be traded straight across to CIRI for an equal amount of City and Kachemak Heritage
Land Trust land. He advised that he spoke with Kirk McGee, CIRI, at one of the meetings, showed him
a similar design and suggested that the City and the Land Trust trade straight across. He relayed that Mr.
McGee was real interested in that, and that he, Mr. Bremicker, does not think that CIRI had a problem
with that idea. He stated that Fred Meyer is planning on building in the lower area on the Map. He
encouraged working his plan out and that he believes it a better idea for the City and is something that he
believes the residents would like to see.
Barb Seaman thanked the Mayor and Council for giving this opportunity and advised that the Council has a letter of support for the Town Center Development Plan (TCDP) from CIRI in their packets as well having received letters of support from English Bay, Fred Meyer and the other land owners. She noted that the only letter missing is from the Land Trust. She reported that the Kachemak Heritage Land Trust (KHLT), as a large parcel owner in the Town Center area strongly supports the inclusion of the TCDP in the Comprehensive Plan. She read a letter into the record highlights are as follows:
Support of the inclusion of the TCDP into the City's Comprehensive Plan.
The TCDP is a collaborative effort and action and is a carefully constructed plan that is ready for implementation.
KHLT exists to preserve land with significant recreational, cultural or habitat value for public benefit. Land trusts take part in local planning efforts to advocate for and achieve a balance between conservation and development. The TCDP is a good example of fiscally prudent and balanced planning.
The design alternatives presented by the Committee allow for a well researched mix of development and open space conservation to provide long term benefit.
TCDP includes a formal Town Square, pocket parks, forested buffers, natural drainages, urban trails, 2-3 acres of forest and peat meadow preserves, and approximately 3 acres of land purchased specifically for use as an urban park by KHLT.
KHLT is wholly in support of the eventual development of the TCDP and will enthusiastically comply with the ordinances that come out of this work.
A pedestrian oriented downtown is good for business.
Development and open space preservation go hand in hand.
Smart fiscal move and the return on private and City investments that will pay off for generations to come.
Ms. Seaman submitted a letter from the Homer Cleaning Center, the Mayor advised her that he and the
Council have already received this letter.
Citizen Bill Smith advised that he has a memo signed by a number of individuals - Homer business owners and managers: Addressed to Mayor Hornaday and the Homer City Council, visionary leaders thinking about developing a Homer center for the next one hundred years:
The subject is : Adopt the Homer Center Development Plan
The statement: We endorse the vision of a new center for Homer that will serve as a focus for Homer and Attract visitors. We urge you to adopt the TCDP as City Policy and add this plan to the Comprehensive Plan. This should be done to provide the foundation for creating a new and attractive Town Center. The Town Center must have Town Square, parks, trails and opportunities for more businesses as described in the plan.
Key elements to actually creating a great and attractive pedestrian oriented center to serve Homer for this new century: 1. Develop parking standards to aid visitors and business. 2. Create a Town Square and green space in reasonable proportions. 3. Control surface water by creating natural functioning water courses. 4. Implement affordable design standards for streets and buildings. 5. Build streets that are attractive, tree lined and pedestrian friendly. 6. Place buildings, rather than parking lots, near the sidewalks where practical. 7. Build a trail system serving Town Center and tying to the trails system vision of the Homer Non-motorized Transportation Plan. 8. Build the new City Hall in the Town Center.
These goals can only be accomplished by a partnership of Town Center land owners. As partners, both
the City and other land owners will need to appropriately contribute in order to make real a Homer
Town Center This is likely the only opportunity of our lifetime for a new Town Center and it will be a
proud monument to your foresight and planning for the next 100 years. He thanked the Mayor and Council.
Greg Jones, Vice President of business development for CIRI, encouraged inclusion of the TCDP into
the Comprehensive Plan. He stated that the Town Center creates value if fully implemented - to the
individual in terms of quality of life, commercial value to businesses and civic value for the community as
a whole. Inclusion of the TDCP in the Comprehensive Plan represents a level of commitment at a policy
level. It does not represent a financial commitment, at this level, at all. It represents a policy
commitment to go forward with the plan to see if the appropriate financial arrangements can be made, if
there are feasible ways to implement the various portions of the plan. CIRI, Fred Meyer and other
businesses are doing their part to do the commercial portion of this plan. The commitment that needs to
be made to fulfill the entire plan is the City's commitment to move forward with its portion. Inclusion
into the Comprehensive Plan really represents that first step, and is all that is being asked of the Council
at this point. He heartily recommended that this go forward as part of the Comprehensive Plan.
Kenton Bloom wished the Mayor a Happy Birthday. He advised that he was on the Town Center
Development Committee, that he is a licensed surveyor operating out of Homer and that he is a City
resident. He commented that one of the things that struck him in this process and the dialog all along in
the process is that there have been a lot of people in leadership capacities holding this plan up and
bringing it together. What is really the essence of leadership and how does that really apply to this kind
of dialog? In reviewing some of his old notes he found that there are five core values that relate to
choices that we can make and things that we can look at when we are making those choices: Integrity,
learning, inclusion, respect and collaboration. The notion that if you are working with those elements
there is a quote: "When the appropriate people are included in the constructive process, with reliable
information, they will take effective action in the best interest of the whole community." He stated that,
really, the question that faces the Council is maybe best phrased, "What is the core value at the heart of
your leadership? How are you leading this community? Where are we going and how are we going to get
there?" He quoted, "We all need to be open to learning from people we want as partners." He said that if
one looks around the Country at towns that are generally, if not almost universally, thought of as really
healthy, vibrant exciting towns they have something in common, every one of them, and that is that they
have chosen the direction that they are going to go, they commit to it and they do it well. That is how
that happens, it is not a mistake it is a choice. Leadership is about making good choices. In the context of
this particular vision, developers, community residents, builders and all the people involved with what is
happening already in town are best served with scenarios where it is known what is going to happen.
When someone like CIRI has an idea of what is going to happen around them, not only does it elevate
the value for CIRI or for the City or surrounding area of the CBD, but, really, elevates the value for the
whole town. Not only in a financial sense, but because we want people to live here. We want to live here,
it is a livability. A rising tide raises all boats. He reiterated Bill Smith's comments, it is the Council's
opportunity, ultimately, to be credited and to take credit for Town Center. He stated that this is the
leadership he would like to the Council take. He thanked the Mayor and Council.
Frank Griswold, City resident, commented that the Council is getting a lot of flowery rhetoric tonight,
but that they are not hearing much substance to the plan. He stated that most people that think they
support the plan, the ones he has talked to, have not read it. If the English Bay Corporation is so
supportive, you have to wonder - since they were supposed to be in it, why are not they included? Many
thought that KHTL exists to preserve land, as Barb Seaman put it, and so why are they now in the land
development business? He expressed concerns regarding no public hearing on Ordinance 06-08 has been
held before the Planning Commission, there was a public hearing about a similar ordinance last year, but
if it was necessary to hold a new public hearing here they should also hold one at the Planning
Commission, they have not had a chance to review the attorney opinion on the enforceability of the plan
and there has been several changes to the plan since last year. Resolution 03-90(S) provided that the
TCDP was to encompass the area between Pioneer Avenue and the Sterling Highway and between Main
Street and Heath Street. The plan now before the Council encompasses only a small portion of this area.
Only one private property owner, CIRI, appears to support the concept and that support is contingent
upon major concessions by the City including tax incentives and relaxed zoning requirements. On page 8
of TCDP, Barb Seaman did not include her Pioneer Avenue property and neither did Councilmember
Shadle, who owns three parcels at the intersection of Main Street and the Sterling Highway, designated
Aurora Novelle Ventures. After being repeatedly told that Petro Marine was on board, now it is known
that it was not. What started out as a comprehensive development plan for downtown Homer has turned
into a sweet heart spot zone for CIRI. The TCDP does not follow the Homer Comprehensive Plan and
Zoning Code. On page 12 of TCDP it seeks to increase floor area to open space ratios, increase building
height limits, reduce or eliminate building set back requirements, decrease parking requirements and
allow parking on public streets and in other public places. In addition to providing tax incentives, trading
land and spending millions of dollars in road construction and right-of-way acquisition CIRI expects the
City to exempt it from zoning laws that apply to everyone else in the Central Business District. The
action plan on page 21 indicates that the City is supposed to amend these zoning laws immediately.
Bargaining with the zoning laws cannot be legal. A legal opinion should be obtained before this goes any
further. The zoning laws in question have been on the books for decades to protect land values and
ensure orderly development. A CIRI representative stated that CIRI was committed to the plan as long
as the City met its expectations. If the City does not meet CIRI's expectations, whatever they may be, the
whole plan falls apart. A plan which binds the City and makes CIRI's future compliance optional is a very
bad idea for the City. No fiscal note has been included with this plan. Buying up super wide
right-of-ways to accommodate CIRI's on street parking problems, and building boulevards, sidewalks,
trails and parks costs a lot of money, so does building a new City Hall. Page 21 should include an action
plan to increase sales tax and property values for .... time was up
David Scheer, DNA design and City resident, expressed support of the TCDP and expressed his hope
that the City would step forward as a leader in this collaborative project. He commented that Mr.
Griswold is expressing interesting concerns that the TCDP could water down City ordinances in favor of
developers. This is a good point, but only if the TCDP is not adopted in its entirety. This concern is
especially clear after hearing Greg Jones this afternoon, who pointed out that the only way the TCDP
can work is if the City commits to the whole plan. Mr. Scheer noted that Mr. Jones said that if this is
done additional planning costs are a minor concern for developers in light of the benefits of such a
development. Mr. Scheer said that he recognizes the concerns expressed in Ms. Wythe's revisions a
couple of weeks ago to the Action and Tasks portion of the Plan. He expressed concern that these may
represent the first step in compromising the integrity of the Plan. He voiced his hope that the Council
would adopt the TCDP guidelines as written. He thanked the Mayor and Council.
Kurt Marquardt, Homer City resident, expressed his support for the TCDP as presented. A lot of good
information has come before the Council tonight and for several months and several years this has been
around. There is an opportunity for the Council to allow business people to develop the core of the City
of Homer, there is an opportunity here for development to occur within the core area that will allow for
a pedestrian oriented town that a lot of people have been seeking. There is another ordinance before the
Council tonight that allows expansion of that core business district. He said that he finds it kind of
interesting that both subjects are on the table tonight. A lot of work and effort has gone into this plan. It
has the support of the community. It is incumbent upon the Council tonight to support the desires of the
community. He thanked the Mayor and Council.
Ray Kranich; City resident, former Councilmember, and currently on the Planning Commission,
expressed support for the inclusion of the TCDP into the Comprehensive Plan. This is a long range plan,
as Bill Smith mentioned 100 years. If it is in place in 100 years then it is not going to go away in 100
years, citing the example of Central Park in New York, there are no developers going to develop Central
Park, but somebody had a vison a long time ago and they set that land aside. However, this is a long
range plan and is not going to happen over night. Yes, it is going to require some pretty significant
changes in either sub zones or overlay zones within the Central Business District. He stated that he sees
that the sub zones or overlay zones would not have to stick to exactly the area within the pages of this
plan. If these other property owners adjacent to that want to be included in there is no reason why they
can't be. Yes, there are going to be some pretty significant things like on street parking, reduced set
backs and all this. That is not, necessarily, a relaxing of the zoning codes. It would be adjusting the
zoning code to fit the desires of not only the community, but also the property owners within that
district.
WYTHE/STARK - I WOULD MOVE FOR THE ADOPTION OF THE ORDINANCE.
Councilmember Shadle stated that he may have a conflict of interest that he would like to bring up, that
he is the managing member of an LLC and that he also lives on the corner. (4) He stated that he did want
to point this out to everybody and let the Mayor and Council make a decision on that.
Mayor Hornaday inquired if Mr. Shadle's situation would make a different in how he votes, would he be
able to disregard that when he votes.
Councilmember Shadle responded in the affirmative.
Councilmember Wythe voiced her opinion that whatever happens with this Ordinance would have a
direct influence on the value of Councilmember Shadle's properties.
Councilmember Stark expressed concurrence with Councilmember Wythe.
Mayor Hornaday clarified that Councilmember Stark was concurring with Councilmember Wythe.
Mayor Hornaday ruled that Councilmember Shadle has a conflict of interest. (Note Councilmember
Shadle is participating telephonically, therefore was not at the table.)
WYTHE/NOVAK - MOVED TO APPROVE THE AMENDMENTS TO THE TOWN CENTER AS
THEY ARE LISTED ON PAGES 267 AND 268 OF THE PACKET.
Councilmember Stark interrupted and stated that there has not been a ruling on Councilmember Shadle's
conflict of Interest and was advised that the Mayor had ruled that there was a conflict of interest.
STARK/ - MOVED TO OVERRULE THE MAYOR'S DECISION. (Councilmember Shadle's Conflict
of interest.)
There was no second. Motion died for lack of a second.
There was no discussion.
WYTHE/McLAY - MOVED TO AMEND TO ADD A LINE ON THE SEGMENT REGARDING
THE BUILDING OF PUBLIC PARKING - INSERT ON THE 5 AND 10 YEAR TASK, THREE
ITEMS UP, ADD A LINE TO CONSIDER THE CONSTRUCTION OF PUBLIC PARKING IN
CONJUNCTION WITH THE CONSTRUCTION OF CITY FACILITIES.
There was no discussion.
VOTE: (second amendment1. to primary amendment1.) YES: NON OBJECTION. UNANIMOUS
CONSENT.
Motion carried.
There was no discussion.
WYTHE/NOVAK - MOVED TO AMEND THE LAST ITEM IN THE TASK SECTION 5/10
YEARS, ENHANCE TRAIL SYSTEM AND PARKS AS USE MANDATES AND FINANCING
ALLOWS, TO STRIKE THE "USE MANDATES AND".
There was no discussion.
VOTE: (second amendment 2. to primary amendment1.) YES: NON OBJECTION. UNANIMOUS
CONSENT.
Motion carried.
There was no discussion.
WYTHE/NOVAK - MOVED TO AMEND ON PAGE 268, 4TH ITEM DOWN, WORK WITH
DEVELOPERS TO ENCOURAGE THE BUILDING OF NORTH/SOUTH URBAN TRAIL,
REWORD TO BE "WORK WITH DEVELOPERS TO BUILD THE NORTH/SOUTH URBAN
TRAIL."
There was no discussion.
VOTE: (second amendment 3. to primary amendment1.) YES: NON OBJECTION. UNANIMOUS
CONSENT.
Motion carried.
There was no discussion.
WYTHE/NOVAK - MOVED TO AMEND IN THE 5 AND 10 YEAR TASK SECTION, BUILDING
SECONDARY ROADWAYS WITH SIDEWALKS, CROSSWALKS, AND UTILITIES AS
REQUIRED FACILITATED BY DEVELOPMENT., STRIKE THE WORD "FACILITATED" AND
REPEAT THIS SAME AMENDMENT IN THE THIRD ITEM FROM THE TOP ON PAGE 268.
There was no discussion.
VOTE: (second amendment 4. to primary amendment1.) YES: NON OBJECTION. UNANIMOUS
CONSENT.
Motion carried.
There was no discussion.
VOTE: (primary amendment as amended) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
There was no discussion.
VOTE: (main motion as amended) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Ordinance 06-12, Of the City Council of the City of Homer, Alaska Amending Homer City Code
21.48, Central Business District (CBD) by Deleting Some Allowed Uses. Stark. (First Reading February
27, 2006, forwarded to Planning Commission for public hearing and comment, conduct Council's
public hearings March 13 and 28, 2006, Second Reading on April 10, 2006.)
Mayor Hornaday reiterated his previous statement of conflict of interest and left the table after handing
the gavel to Mayor Pro Tempore McLay.
Ray Kranich commented that in reading this proposed ordinance a use is being changed in an area that
does not exit, because it refers to an area west of the middle school as Central Business District. How
can a use be changed in an area that does not exist? It looks like the cart is ahead of the horse. He said
that he is wondering what the Attorney has said about this, or is he a horse driver or horse cart driver or
what? It is going to be kind of hard to drive this down the stream. He told the Council that they all
know that you have instructed the Planning Commission and the Planning Department to come up with a
commercial zoning district out there, but right now it is rural and urban residential, so how can a
commercial use be changed in a residential area? He told the Council that he thinks that they need to side
track this until after that zoning change takes place. He thanked the Mayor and Council.
Dr. Bill Marley, resident of Homer, spoke in support of Ordinance 06-12, as he understands it. He noted
that he is a one third owner of a large parcel of land that goes from the Sterling Highway to the ocean
and that he is in pursuit of having a zoning Ordinance change. He stated that it is his understanding that
the essence of the Ordinance is an advisory piece of information to the City Planning and Zoning and
consequently he is supportive. He commented that he does not see it as necessarily precluding other
changes that City Planning and Zoning may choose to come up with or to even make a difference or
delete something being suggested. Councilmember Stark's Ordinance, as proposed, does away with
storage units, RV parks and trailer parks. Dr. Marley stated that as one of the land owners out there he
would be very disappointed to see any one of those three things exist as people came into Homer and
that was their visual information as they came to our town. He reiterated his support. He thanked the
Council.
Kurt Marquardt expressed agreement with Ray Kranich, that he thinks this Ordinance is ill founded from
the start. He proposed that expanding the Central Business District at this time is unwarranted and that
he does not see that there is a need there. He voiced his opinion that this Ordinance will only benefit a
hand full of property owners at the expense of the rest of the community. He commented, "Until the
demand is there for an expansion of the Central Business District." He stated that not only is this not
following protocol of running this through Planning Commission meetings, public hearings and adhering
to the Comprehensive Plan, but it looks like, perhaps, a classic situation of spot zoning. He stated that he
thinks this ought to be voted down and reworked, if that is what the Council wants to do. He thanked
the Council.
Councilmember Stark explained that this Ordinance accompanies an Ordinance which is wending its way
through the process and that what it does is to reduce the negative impact on the land by removing these
uses in that gateway area between the Bidarka Inn and West Hill Road.
Mayor Pro Tempore McLay called for a recess at 8:22 p.m.
Mayor Hornaday received the gavel back from Mayor Pro Tempore McLay and called the meeting back
to order at 8:24 p.m.
C. Ordinance 06-16 , Of the City Council Amending Homer City Code Chapter 1.72 Title to Read Port
and Harbor Advisory Commission and Amending Sub Section 1.72.010(a) Commission--Creation and
Membership, to Change the not more than Two Members may be from Outside the City Limits to not
more than Three Members may be from Outside the City Limits. Shadle. (First Reading March 13, 2006,
Forwarded to Port and Harbor Advisory Commission for input, Public Hearing March 28, 2006,
Second Reading on April 10, 2006.)
John Velsko, resident of the City, commented on this Ordinance 06-16 and 06-17 and 06-18, all allowing more non City residents on City Boards and Commissions. First of all, he informed the Council that the Commission rejected this Ordinance at the last Port and Harbor Commission meeting. The Commission felt that there was nothing broke and no reason to fix it. He expressed his personal opinion that non residents have always had an ample opportunity to testify at Commission, Board and Council meetings, however, he said that he does not believe that it is financially prudent for the City to allow more non City residents to sit on Commissions that may forward bond proposals or expenditures of City money to the Council The road of life is littered with good intentions. He expressed his assurance that this proposed Ordinance has good intentions, but City residents need to be spending City money. There will be arguments about the people outside the City paying sales tax. All have contributed sales tax, at one time or another, revenue to other cities in Alaska. He stated that personally he would never think it his right to insinuate his self on to their Council or Board just because he contributed a couple of bucks. He commented that he wondered where this would end, really, should people who are up here for the summer be allowed to sit on the Commissions and Board. He thanked the Mayor and Council.
Brian Bennett thanked the Mayor for inviting him to his Birthday Party, that it was really fun. He noted that he is a resident of the City of Homer and echoed Mr. Velsko's remarks. He spoke against Ordinance 06-16 for the following reasons: 10 All citizens from outside the City limits currently are invited to participate fully in all of the current Commission meetings, including Port and Harbor. 2) Currently two non City resident members are allowed. This might be one too many. The Port and Harbor is somewhat the economic engine for this entire region and so can accept two. Have a hard time accepting three, which is coming close to dominating the board. 3) The relatively recent annexation of additional land to the City of Homer, must have significantly increased the potential pool of candidates. Recommendations of the Commissions especially the Planning Commission and Port and Harbor carry a significant amount of influence and weight to the full City Council. Some of the recommendations do have an effect to possibly increase City property taxes for which individuals who reside outside City limits would not be liable. 4) Over the last, probably 30 years, there is talk about a Port and Harbor Authority, if there is a significant problem wherein the governing of the port and harbor needs to be changed then perhaps that needs to be considered and increase the tax base. He noted that he is not suggesting this.
The Port and Harbor is a tremendously important aspect of this community. He thanked the Mayor and Council.
David Scheer, City resident, spoke in opposition to Ordinances 06-16, 17 and 18. He stated that he
would just like to remind the Council that City representatives are representing all City residents and that
he is trying to figure out where the desire to have more representatives from outside the City comes
from, adding that he imagines it's because there are people from outside the City who have financial
interest in City property. This makes sense to a certain extent except its been over 150 years since voting
rights and City representation has been decided on property ownership. These people have decided to
buy property within the City based on the rules that the City residents have decided and therefore, it is
not fair for them to decide what costs the City residents should be burdened with for their benefit.
Mayor Hornaday allowed Mayor Pro Tempore McLay to comment: Its not owning property within the
City that gives the right to vote it is residence in the City that gives the right to vote. He noted, prior to
being annexed, he owned three businesses in the City when he lived outside the City that he paid
property tax on, but had no voice in the City. Hence the reason for this Ordinance, to get a voice for
inside City business owners who do not live in the City.
Mr. Scheer responded that this is the point he was wanting to make. He noted that there are a lot more
people that are City residents that are not business owners and not land owners that are living in the City
paying City taxes and renting property, whatever that are affected by the decisions of the Commissions
much more than people who live outside of town even if they own property in town and maybe pay
property tax. Business and property ownerships do not give non residents the right to decide for all City
residents, who don't own property, what they should be burdened with.
Ray Kranich, City resident, stated that he is adamantly opposed to this having served on both the Port
and Harbor Commission and, now, the Planning Commission. There is still vacant land inside the City, so
people who own land inside the City and live outside the City have not been forced out of there because
land is not available in the City. There is even pretty good sized chunks of land that they could have
purchased and built their homes on and still live inside the City and have a real rural life style. He stated
that he just does not buy that having non City residents conducting City affairs. If this were so critical to
have this then why isn't there another Ordinance here allowing a non City resident seat on the City
Council, which makes just as much sense as these do. He commented that he cannot imagine that any of
the Council that owned a business that was a corporation would have Board of Directors sitting on their
Board that did not own any stock in that corporation, even if they bought products. He advised that he
owns stock in Wells Fargo, and Wells Fargo goes to great lengths to obtain top quality management
people from nationwide to sit on the Board of Directors of Wells Fargo. Everyone one has to own stock
in Wells Fargo. They don't just come in off the street with no interest, no financial fiduciary interest in
that corporation. This is the exact same thing. Also, in this Ordinance, there is nothing like has sort of
been mentioned to limit from how far outside the City someone could reside; across the street, a mile,
five miles, Kenai Peninsula, Anchorage, across the Bay, Seattle? There is nothing that kind of sets a
parameter on it so it's ill founded and crazy to do. He thanked the Mayor and Council.
Councilmember Heimbuch, with permission of the Mayor, inquired about Mr. Kranich position, noting
that, with the exception of Planning Commission, most every issue that faces the City is a matter of
getting as wide as possible input. He noted that the Port and Harbor Commission does not actually make
many decisions, but does advise the Council. He inquired what is wrong with having as wide a view
point as the Council can about things that fac the City. What does living outside the City preclude one
from weigh in on?
Mr. Kranich responded that people from outside the City have that same opportunity that he is having
right here and right now, to testify. He inquired if he has to have a City resident sign on his forehead to
sit here and have input in the City meetings? No. None City residents have input into City affairs.
Frank Griswold, City resident, stated that he just finds it very interesting that the Council sees no
problem with having somebody living outside the City making the rules, yet they have a big problem with
people that live inside the City challenging the rules, because of the way Council has restricted the
standing requirements. He told the Council that they are not consistent.
D. Ordinance 06-17, Of the City Council Amending Homer City Code Amending Sub Section
1.76.010(b) Homer Advisory Planning Commission established, To change the No more than one of its
members may be from outside the City limits to No more than Three of its Members may be from
Outside the City Limits. Shadle. (First Reading March 13, 2006, Forwarded to the Homer Advisory
Planning Commission for input, Public Hearing March 28, 2006, Second Reading on April 10, 2006.)
Memorandum 06-56, from Planning.
Brian Bennett, resident of Homer, spoke against this Ordinance, stated that his reasons are the same as
he stated for the previous Ordinance. He stated that he is not sure what has brought this issue to Council
for consideration, and perhaps it is because there is a lack of candidates who are not interested in
serving. He noted that he has been on the Parks and Recreation Commission and has served on other
Boards and Commissions and that, in his opinion, this is one of the Mayor's chief responsibilities, other
than running the City Council meetings, is to constantly candidates to fill all of the Commissions. Mr.
Bennett noted that having served as a volunteer coordinator for various projects around town for the last
twenty years that he knows how hard it is and that it involves a lot of phone calls and that he knows it
can also be fun. When people contact the Mayor or Council people and try to influence their vote on
things that is a great opportunity to try to involve all of these people in this political process and have
them serve on Commissions. In this case, regarding Planning Commission, there is a significant amount
of authority given to the Planning Commission and Mr. Bennett expressed concern in that regard more
than with any other Commission that this be limited to just one non resident member. He addressed
Councilmember Heimbuch's position and that he does agree with that, which is one of the reasons that
he, Mr. Bennett, enjoys Homer so much is that Homer really does invite a wide view point in the
deliberatory process and that he does not believe that people can be stopped, in this community, from
exercising their right to give their opinion. There is something different with allowing someone to serve
on a Commission for a community, it is an important responsibility for members within the community,
within the City limits to step up and serve in that role from time to time. He thanked the Mayor and
Council for their consideration.
Ray Kranich added one thing to his comments that he did not stress on his previous testimony and that is
the fact that the Homer Advisory Planning Commission is not 100% advisory, a portion of the Planning
Commission's duties are quasi judicial and that is significantly different than say either the reinstituted
Economic Development Commission, a good idea, or the Port and Harbor Commission. The Planning
Commission is entirely different it is function and role within City government and so should be taken
into consideration.
E. Ordinance 06-18, Of the City Council Amending Homer City Code Sub Section 1.78.010(a) Economic Development Advisory Commission to Change a Minimum of Five Commissioners to a Minimum of Four Commissioners shall Reside within the Corporate Limits of the City of Homer and shall be Registered Voters in the Kenai Peninsula Borough or the City or Homer and to Amend all References to the Overall Economic Development Plan in the Homer City Code Chapter 1.78 to the Comprehensive Economic Development Strategy. Shadle. (First Reading March 13, 2006, Public Hearing March 28, 2006, Second Reading on April 10, 2006.)
There was no public testimony.
F. Ordinance 06-19, Of the Homer City Council Authorizing the Expenditure of Fleet Reserve Funds in
an Amount not to Exceed $40,000.00 for the Purchase of One Vehicle from Nye Frontier Ford of
Wasilla, Alaska and to Equip this Vehicle with the Special Service Package for Emergency Vehicles, for
the Homer Volunteer Fire Department and Authorizing the City Manager to Execute the Appropriate
Documents. City Manager. Fiscal Note: Funding Fleet Reserve Account 152.381 up to $40,000.00,
Expenditure Account 100.150 for HVFD Vehicle $27,218.00 and Correction of the Special Services
Package to the balance of the $40,000.00 which is $12,782.00 (First Reading March 13, 2006, Public
Hearing and Second Reading on March 28, 2006.)
There was no public testimony.
WYTHE/McLAY - SO MOVED TO ADOPT ORDINANCE 06-19 FOR SECOND AND FINAL
READING BY READING OF TITLE ONLY.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
ORDINANCE(S)
None scheduled.
CITY MANAGER'S REPORT
A. City Manager's Report (Updates/Follow Up: 1. Public Forum on April 10, 2006 at 5:30 p.m.
Kachemak Bay as a Port of Refuge; 2. Wildfire Protection Plan see Resolution 06-33 and attached plan
on Consent Agenda; 3. Animal Shelter award see Resolution 06-29 on the Consent Agenda; 4. Arctic
Winter Games - great success, thanks to Homer Hockey Association, Homer Foundation, KPB and
School District, Homer Police Department, Volunteers and Mayor; 5. Community Schools Program see
Resolution 06-35 under Resolutions and supporting documentation; 6. Town Center Plan - See
Ordinance 06-08 under Public Hearings; 7. Incentives for Fishermen who deliver in Homer - Shadle and
Manager recommendation forthcoming; 8. EXXON VALDEZ oral history - book to be published;
Resolution of Support Requested by John Velsko, City's representative on the Prince William Sound
Regional Citizens Advisory Council.)
B. Bid Report. (Invitation to Bid (ITB): City Owned 2006 Dredge Spoils. Sealed bids are due to the City
Clerk by 2:00 p.m. on Friday, March 24, 2006 and none were received; Request for Proposals (RFP):
Professional Planning and Engineering Services, Design of Improvements at the Deep Water Dock.
Sealed proposals are due at the Office of the City Clerk, by 4:30 P.M., Thursday, March 30, 2006; and
ITB: DELAYED and will be rescheduled - Ramp 7 Gangway Replacement - Homer Small Boat Harbor.)
Councilmember Heimbuch commented on the financial information on the sales tax differentials provided
by the Finance Director. It appears in doing the calculations that this was taken from a gross sales tax
receipts figure pro rated equally throughout each month of the year. Lowering of eight months and a
raising of 4 months. In doing the math it is very obvious taking any given number, if expenditures were
$1,000.00 per month, in the City the reductions across those eight months actually equals the increase in
the four months, so there is really no savings; but the entire reason for this exercise was to define how
much this contributed May through August to the sales tax. Therefore, really need those figures
extracted out in order for this comparison to work, unless it is true that May through August sales tax
revenues are the same as any other month of the year.
City Manager Wrede stated that this may be a very valid observation and that this will have to be
reviewed. He pointed out that the number at the top, the total for 2005, $5,862,000.00, is the actual
number, the real sales tax number. The reason the $6, 121,000.00 was targeted is, because that is closer
to the number that would have been generated if the 4.5% sales tax was in effect for the entire year last
year. He thanked Councilmember Heimbuch for that question.
COMMITTEE REPORT
A. Public Arts Committee, Meeting scheduled for Thursday at 1 p.m. City Hall Cowles Council
Chambers.
B. Road Standards Committee (no meetings scheduled)
PENDING BUSINESS
NEW BUSINESS
A Memorandum 06-52, from Mayor, Re: Comprehensive Plan Committee Appointments - Councilmember McLay, Planning Commissioner Lehner, Public Member Bruce Turkington and Staff Member City Planner McKibben or her designee; Library Advisory Board Reappointment of Nancy Lord and Bette Seaman and New Appointment of Linda Martin. Recommend confirmation.
Recommendation: Confirm the Appointments of Councilmember McLay, Planning Commissioner
Lehner, Public Member Bruce Turkington and Staff City Planner McKibben or her designee to the
Comprehensive Plan Commission with a sunset date of June 1, 2006. Confirm the Reappointments of
Nancy Lord and Bette Seaman and the new appointment of Linda Martin to the Library Advisory Board
for three year terms each, to expire April 1, 2009.
HEIMBUCH/STARK - SO MOVED FOR THE APPROVAL OF THE RECOMMENDATION OF
MEMORANDUM 06-52.
Mayor Hornaday apologized for the confusion regarding these matters, that there were a number of very
capable people applying for each of these. Some of the confusion will be avoided in the future because
now when these positions are advertised there will be a thirty day time limit. He stated that he intends to
make his appointments quickly after that thirty days expires. He expressed his appreciation for everyone
that applied and that it does seem that more individuals are applying, which is encouraging and that he
thanks those former members for serving.
Councilmember Stark expressed his desire that the Council does get copies of the applications before the
appointments.
Mayor Hornaday noted that this is required and, noting the packet schedule, emphasized that Council's
comments on any of the appointments would be needed by the packet review deadline, the Wednesday
before the Council meeting.
There was no further discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
RESOLUTIONS
A. Resolution 06-35, Of the Homer City Council Expressing its Intent to Assume Responsibility for
Administration of the Homer Community Schools Program on a Trial Basis Beginning on July 1, 2006.
City Manager. Fiscal Note: Estimated Annual Budget: $145,352
McLAY/HEIMBUCH - I MOVE TO POSTPONE RESOLUTION 06-35 UNTIL OUR APRIL 10TH
MEETING.
Councilmember McLay stated that the reason for the postponement is to provide the Community
Schools personnel time to review the City's proposed budget, adding that they think that they may be
able to reduce the budget cost.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Resolution 06-36, Of the City Council of Homer, Alaska, Restructuring the Road Standards Committee. Stark. Fiscal Note: Meeting advertising and recording costs.
STARK/SHADLE - I SO MOVE FOR THE ADOPTION OF RESOLUTION06-36 BY READING OF
TITLE ONLY.
Councilmember Stark stated that he believes the Committee members have done a yeoman like job and
therefore, his intent is to preserve the membership with the exception of Council's representative. He
elucidated the structure of the terms, number of non City residents, etc. He noted that the Mayor makes
the appointments with the concurrence of the Council.
WYTHE/NOVAK - MOVED TO AMEND ITEM C. TO REDUCE THAT TO ONE MEMBER OF
THE COMMITTEE MAY RESIDE FROM OUTSIDE THE CITY.
This is consistent with many of the comments heard today with regard to the structure on Commissions.
The City should run the City and not the residents outside the City.
VOTE: (primary amendment 1.) YES: WYTHE, NOVAK, HEIMBUCH.
NO: McLAY, SHADLE, STARK.
TIE VOTE: MAYOR VOTED YES.
Motion carried.
NOVAK/WYTHE - I WOULD LIKE TO MAKE AN AMENDMENT IN LINE ITEM B. TO STATE
THAT ONE OF THE MEMBERS WAS A REPRESENTATIVE FROM WITHIN THE ROAD
CONSTRUCTION INDUSTRY.
There is currently a member on the Road Standards Committee that is from the Road Construction
Industry and this has been very beneficial in that this member can provide valuable insight, an important
part of the public at large seats.
VOTE: (primary amendment 2.) YES: NON OBJECTION UNANIMOUS CONSENT.
Motion carried.
Item E. was briefly discussed. It was noted that in Council's Operating Manual this procedure is noted
and that it does not need to be specified.
WYTHE/NOVAK - MOVED TO AMEND TO REVISE ITEM E. TO READ: COMMITTEE
MEMBERS SERVE AT THE PLEASURE OF THE MAYOR WITH COUNCIL APPROVAL AND
THE COMMITTEE IS ADVISORY TO THE COUNCIL.
There was discussion about the verbiage "serving at the pleasure of the Mayor" or "at the pleasure of the
Council".
VOTE: (primary amendment 3) YES: NOVAK, HEIMBUCH, WYTHE.
NO: McLAY, SHADLE, STARK.
TIE VOTE: MAYOR VOTED YES.
Motion carried.
There was no further discussion.
VOTE: (main motion as amended) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
COMMENTS OF THE AUDIENCE
Comments of the Audience on any matter.
Frank Griswold, City resident, commented on the appointment of the members to the Comprehensive
Plan Committee, that except for Val McLay it looks like all the members appointed have distinct
interests in that they are land developers or lumber yard managers. He stated that it seems like effort
could have been made to find a more representative group of the community. He stated that it sounds
like these members could have inherent conflicts of interest and that it sounds like, from what the Mayor
just said, that the Mayor made one appointment and then it sounded like the rest of the decisions were
based on the Council's decision. Mr. Griswold told the Mayor that he makes his appointments and if the
Council does not like the appointment they can over ride it and that the Mayor should not just rely on the
Council's recommendations. He inquired of the City Manager, referring to the mention in the packet of a
legal opinion regarding the enforcement of the TCDP, if that legal opinion was available since he did not
see it in the packet and if that was released and if there is any intention to release it.
The City Manager advised that there were two questions in the opinion and that it was in response to
questions that the Planning Commission had, more general questions, about the relationship between the
Comprehensive Plan and Title 21. This was passed out two meetings ago, it was not in this packet, it
was released and is available.
Dr. David Raskin, resident of Kachemak City, stated that when he heard about the Birthday Party on the
radio he and Marga, his wife, had to come and share this occasion and Birthday Cake with the Mayor.
He wished the Mayor a Happy Birthday and a happy year for the Mayor, Homer and Kachemak City. He
advised that Homer residents are welcome to have the correspondence from Kachemak City that he will
give to the Clerk from the City of Kachemak regarding the activities of one Councilmember. According
to Mr. Raskin this Councilmember has been personally soliciting Kachemak City residents to sign a
petition in favor of annexation to Homer. Mr. Raskin said that he was quoting from the Councilmember's
letter and that he did not represent the process correctly and that he implies that the petition is only the
first step of many. Mr. Raskin advised that the Councilmember, in his letter, goes on to say that with
only getting 25 registered voters in Kachemak City to sign a petition, in an election that would then
allow Homer's 1,221 voters to overwhelm the small population in Kachemak City to have Kachemak
City be absorbed by Homer. Mr. Raskin advised Council that the City would be hard pressed to maintain
its independence, its remarkably low property tax rates and its zero sales tax. He asserted that this is not
in the interest of the residents of Kachemak City, it is not in the interest of the residents of Homer. He
advised the Council that the vast majority of the residents of Kachemak City are not in favor of, as the
Mayor (5) puts it, "outrageous proposal of a neighboring municipal official actively soliciting our residents
in this manner." Mr. Raskin commented that when they bought their property in Kachemak City in 1975
(6), Homer had recently become a City and Kachemak City had been an incorporated City for a number of
years. Since that time Homer and Kachemak City have gotten along very well, operated independently,
but symbiotically to help each other. As Mayor Phil Morris points out, during this period of time
Kachemak City has provided, essentially $3 million worth of value and funds to the City of Homer.
Kachemak City can do this because it is a Second Class City and eligible for certain kinds of funds that
Homer is not eligible to receive, therefore, Kachemak City can do things to benefit Homer that Homer
itself cannot do. Mr. Raskin stated that in Mayor Morris' letter to Mr. Stark on December 12th, to which
he has received no answer, he outlines and delineates all of the gifts of this sort that the City of
Kachemak has given to the City of Homer totaling $1.9 million plus $80,000.00 pending for various
things like the library, skating rink, fire truck etcetera. Given all of this and the fact that Kachemak City
can do a lot of things to benefit Homer, if it maintains its independent status as a Class Two incorporated
City. It seems very foolish to embark on such an enterprise. Mr. Raskin advised that those in Kachemak
City don't understand the motives, exactly, that it was stated on the radio today that this is being done
because of Kachemak City recently deciding to consider doing road maintenance. He stated that he was
personally solicited by the same Councilmember about a year and a half ago to help in such an effort, to
which, he advised, he has not contributed. He stated that there does not need to be a repeat of what
happened with the annexation battle of a few years ago that pits, in this case, one city against another
and that they would like to see this harmonious relationship be maintained and expressed a hope that
Homer does not give Kachemak the winter blues and law suits for years to come. He commended to the
Council's attention the correspondence which he will leave with the Clerk that has the details. Mr. Raskin
thanked the Mayor and Council very much and wished the Mayor a Happy Birthday in spite of what he
had to say.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans was not present.
COMMENTS OF THE CITY CLERK
City Clerk Calhoun wished the Mayor a very Happy Birthday.
COMMENTS OF THE CITY MANAGER
City Manager Wrede wished the Mayor a very Happy Birthday.
COMMENTS OF THE MAYOR
Mayor Hornaday reminded all about the Public Forum on April 10 at 5:30 p.m. regarding the Port of
Refuge issue. He noted that there will be an outstanding panel headed by Captain Devries and invited the
Council to actively participate. He expressed extreme concerned about the budget and that City costs are
rising much faster then revenues and that the City may be in a similar situation as it was two years ago.
He noted that this is one of the reason that he, Mayor Pro Tempore McLay and Councilmember Shadle
are going to Juneau, adding that one of the things that they really want to push for is Revenue Sharing.
He stated that it is amazing to him that a State with $34 Billion in the bank and a surplus of billion and a
half or so, does not support its municipalities, interjecting that he thinks Alaska is the only State that
does not support its municipalities. He reported that tomorrow there is a Tsunami warning test at 9:45
a.m.
COMMENTS OF THE CITY COUNCIL
Councilmembers McLay, Heimbuch, Stark had no comments other than to wish the Mayor a Happy Birthday.
Councilmember Shadle wished the Mayor Happy Birthday.
Mayor Hornaday expressed his hope that all was going well with Matt and his family in Utah, adding that
our thoughts and prayers are with them.
Councilmember Shadle responded that if something does not get going real soon (7) they will have to go
to the hospital and make it happen, adding that they can not wait to get home.
Councilmember Novak expressed appreciation for the Council passing Ordinance 06-08, incorporating
the Town Center Plan in the Homer Comprehensive Plan and that he thinks this will help to facilitate
development in the Town Center and show a support by the City for the plan and lead to better things in
the future for the Community.
Councilmember Wythe stated that it is good to be loved by ones' constituents and that she too wished
the Mayor a Happy Birthday and many, many more to come. With regard to the Mayors budget doom
and gloom she responded, that if the City holds on to its sales and property taxes at the levels,
established with the raises in costs in mind, that the sales tax increase was designed to incorporate PERS
costs up to the maximum amount over the entire four year period and if the City does not get too
sideways with that and does not use the money an allocate it for one hundred things in between now and
then, thinking that there is a budget surplus, then the City should be financially fine at the end of next
year when all of those bills are come due. She thanked the community and all of those who came out in
opposition of adding non residents to the Commissions. She expressed full agreement that the residents
of the City should decide their own futures. If there is trouble getting people to serve on the
Commissions and that is part of the thinking process here, then it becomes incumbent on the
Councilmembers to get out and make appeals to people to serve on those Commissions. Council needs
to make the Commission meetings, particularly with Planning and Zoning, to flow in such a manner that
these are not going until midnight or 1 a.m. so that it is not so unappealing to serve on them. This is
incumbent on the Councilmembers to make sure this works and not change the regulations to bring in
more non residents coming into the mix telling Council how to run their business. This is the point of
becoming an incorporated City, now the guide of your own destiny. The Borough would have been
happy continuing to do this for Homer if that was what Homer had wanted. She closed with a thank you.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 9:10.55 p.m.
by Mayor James C. Hornaday.
The Next Regular Meeting is scheduled for Monday, April 10, 2006 at 7 p.m. and the next Committee of
the Whole is scheduled for Monday, April 10, 2006 at 4 p.m. Worksession, Public Forum re: Kachemak
Bay as a Port of Refuge, scheduled for Monday, April 10, 2006 at 5:30 p.m. All meetings scheduled to
be held in the homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer,
Alaska.
_____________________________________
MARY L. CALHOUN, CMC, CITY CLERK
Approved: _______________________
1. At 7 p.m. the Mayor was briefly, via air wave, serenaded with the song, "I'm too sexy." by Right Said Fred,
2. March 1, 2006 incident wherein a drug dealer was killed and a child was injured.
3. Bethany Woodworth lost her life due to a drug overdose.
4. Northeast corner of Main Street and the Sterling Higway.
5. Reference to Kachemak City Mayor, Philemon Morris
6. Homer was incorporated March 31, 1964. Kachemak City incorporated in 1961.
7. Mrs. Shadle was due to deliver a baby on March 12, 2006.