Session 05-12, a Regular Meeting of the Homer City Council was called to order at 7:00 p.m. by
Mayor James C. Hornaday at the Homer City Hall Council Chambers located at 491 E Pioneer Avenue, Homer,
Alaska, and opened with the Pledge of Allegiance.
PRESENT: COUNCILMEMBERS: HEIMBUCH, McLAY, NOVAK, STARK, WYTHE, YOURKOWSKI.
STAFF: CITY CLERK CALHOUN
CITY MANAGER WREDE
FINANCE DIRECTOR BAUGH
LIBRARY DIRECTOR HILL
ADMINISTRATIVE ASSISTANT LIVINGSTON
Department Heads may be called upon from time to time to participate via teleconference.
The City Council met as a Committee of the Whole from 4:00 p.m. to 5:03 p.m. Agenda Items - the July Council
meeting schedule and the Regular Agenda Items.
AGENDA APPROVAL
(Addition of items to or removing items from the agenda will be by unanimous consent of the Council. HCC 1.24.040.)
Changes: Provided in supplemental packet: Borough Letter of non objection regarding the Liquor License
Transfer for Kachemak Bowl, Memorandum 05-85. Community Park Day Activities for Saturday, May 14 from
10 a.m. to 1 p.m. at the Karen Hornaday Hillside Park. Resolution 05-45(S), from Councilmember Heimbuch.
Maps to go with Resolution 05-45.
Provided by meeting time: Resolution 05-45(SS) from Councilmember Stark.
Councilmember Stark requested that Resolution 05-59 be removed from the agenda.
Mayor Hornaday requested that Resolution 05-60 be removed from the agenda.
McLAY/NOVAK - MOVED TO APPROVE THE AGENDA WITH AMENDMENTS.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Public Comments upon any matter on the agenda except public hearing items: Ordinance 05-23,Accepting and
Appropriating Private Donations in the Amount of $690,000.00 for the New Library Project; Ordinance 05-27,
Amending Central Business and General Commercial I Districts Landscaping Requirements, Buffers; and
Ordinance 05-28, Appropriating a Loan of $500,000.00 from the Special Projects Fund to Construct the New Library.
Debbie Poore, City resident, thanked the Council for the opportunity to speak in support of the Reconsideration,
Memorandum 05-81, of Resolution 05-45. She voiced confidence that all can agree that the Homer Spit is one of
the biggest attractions in Homer and a key pedestrian recreational offering. She pointed out that the Shorebird
Weekend proved once again the immediate and increasing need for traffic management on the Spit. She stated
that the roads are built for all users and that it is "our" responsibility to ensure that these are safe for all users. She
reminded the Council that she has been before the Council, in the past, to kind of champion the rights of
pedestrians. She noted that people are parking wherever they can, making unsafe crossings on Kachemak Drive in
at least two places and the Spit Road at the Kachemak Drive intersection and at Mariner Park. Something needs
to be done to make crossing the road as safe as possible. State law requires vehicles to yield to pedestrians. She
recommended getting parked vehicles off the roadsides and to clearly designate safe crossings. She emphasized
that "we" can no longer afford the attitude that pedestrian issues are an inconvenience and that so far an ideal
solution has not been found, yet there is a desperate need of immediate improvement. She voiced support of
leasing the DOT right of way and of making that a parking area and then designating a crosswalk there, educating
the public and enforcing both vehicular and pedestrian traffic at those crossing. She suggested, with the admission
that she does not know about how police time and routes are allocated, that it may behoove "us" to put a
policeman right there to monitor and ticket. She voiced appreciation to the Council for their time and effort,
acknowledging that it is not an easy situation to solve, and that there are a lot of people concerned about it,
including the Parks and Recreation Commission and other Commissions. She thanked the Council for listening to her.
Joel Cooper, lives in the Bridge Creek Watershed Protection District, commented on Ordinance 05-29 pertaining
to amendments concerning impervious cover allowance in the Bridge Creek Watershed Protection District. He
commented specifically on the impervious coverage calculations. He suggested that the way this is written it may
be an exception that swallows the whole rule and that this could, ultimately, end up with an exception that way
over exceeds the imperious cover of 4.2 percent or 6.4 percent in the exception for acreage below 2.5 acres. He
acknowledged the Planning Commission's work and cautioned the Council to be careful, noting that this could
open up and not really do what the Ordinance was intended to do. He suggested that, perhaps, it could just be
worded a little better and provide a cap on this exception or this calculation part so that it does not get way up
there or way beyond. He stated that a driveway could easily exceed the impervious cover limit.
Bruce Hess, Vice Chair of the Homer Advisory Planning Commission, stated that he is so happy to be a resident of this beautiful City of Homer and that he is present to speak for Lane Chesley the Chair of the Homer Advisory Planning Commission, who had other commitments this evening. He read a letter into the record supporting Resolution 05-45, points of the letter:
Nancy Lord; City resident, member of the Library Advisory Board, and Chair of the Capital Campaign Committee
for the New Library Project; spoke to the whole package of items on the Council's agenda regarding the Library
Project, stating that these all need to all go forward together culminating in the award of the bid for the Library
Construction. She thanked the Mayor and Council for their support of the Library Project all along, noting that it
has been a long haul and commending Council for the leaps of faith. She noted that "we" are just about there and
happy to be there. She voiced appreciation for the Council sharing the vision of Homer as what it can be as a
community that values life long education and entrepreneurship. She thanked the City Manager and City
employees for their work the last two weeks after the bids came in, reviewing options and on putting together the
packet that the Council has before them. She commented about the meetings with the City Manager and relayed
that the Library Advisory Board and Capital Campaign Committee are all comfortable with the actions. She stated
that people in the community are eager for the ground breaking ceremony, for the project and that there was a
fear of things maybe being held up. She reported on continued fund raising efforts, noting the sale of little copper
fish, the event at the Homestead next Saturday and the on line auction. She thanked the Council.
Mayor Hornaday recognized and welcomed the presence of Borough Mayor Bagley and his assistant Mr. Oberts.
RECONSIDERATION
A. Memorandum 05-81, from City Clerk, Re: Councilmember Heimbuch's Notice of Intent to Reconsider Resolution 05-45, Of the Homer City Council Requesting a Right of Way Use Agreement with the Alaska Department of Transportation and Public Facilities (ADOT &PF) for Additional Spit Trail Parking at the Base of the Spit. Novak. If reconsideration passes Resolution 05-45 will be back before the Council under resolutions.
Recommendation: Recommend approving reconsideration.
HEIMBUCH/STARK - MOVED FOR RECONSIDERATION OF THAT.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
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.)
Councilmember Wythe requested that Item B. Ordinance 05-19 be pulled for further consideration. It will be
placed under Ordinances as Item B.
A. Homer City Council unapproved meeting minutes of April 25, 2005 Regular Meeting. City Clerk.
Recommend approval.
B. Ordinance 05-19, Of the City Council of Homer, Alaska, Accepting and Appropriating a Department of
Commerce Economic Development Administration (EDA) Grant of $1,115,000.00 for the New Homer Library
Building Project and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal
Note: Revenue and Expenditure Account 151-722, EDA Grant $1,115,000.00 to the Library Building Project.
Recommend introduction and conduction public hearing and second reading on Tuesday, May 24, 2005.
Placed under Ordinances as Item B.
C. Ordinance 05-29, Of the City Council of Homer, Alaska Amending Homer City Code Section 21.59.070
Concerning Impervious Coverage Allowances in the Bridge Creek Watershed Protection District. City Manager.
Planning Commission. Recommend introduction and conduct public hearing on Tuesday, May 24 and Second
Reading on June 13, 2005.
Memorandum 05-90, through City Manager as backup.
D. Ordinance 05-30, Of the City Council of Homer, Alaska Accepting and Appropriating $1,830.00 from
Kachemak Heritage Land Trust, from the Homer Foundation, for the Town Center Development Pre Design and
Visioning Project and Authorizing the City Manager to Execute the Appropriate Documents. City Manager.
Fiscal Note: Revenue and Expenditure Account 151-387 Kachemak Heritage Land Trust via Homer Foundation
$1,830.00 for the Town Center Project. Recommend introduction and conduction public hearing and second
reading on Tuesday, May 24, 2005.
E. Resolution 05-46, Of the City Council of Homer, Alaska Awarding the Art Work for the New Homer Animal Shelter to Moose Run Metalsmiths of Homer, Alaska in the amount of $7,354.40, "The Bear Man" of Homer, Alaska in the amount of $1,112.60 and Brown Bear Products of Homer, Alaska in the amount of $620.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk. Fiscal Note: Pursuant to Ordinance 05-21, Expenditure Account Animal Shelter Art $9,087.00. Recommend adoption.
Memorandum 05-71, from Public Arts Committee.
F. Resolution 05-57, Of the City Council Disbanding the Beach Policy Committee, Forwarding those Duties and
Responsibilities to the Parks and Recreation Commission and Amending the Beach Policy to Reflect this change.
Mayor. Recommend adoption.
G. Memorandum 05-73, from Mayor, Re: Reappointment of Asia Freeman, Gale Parsons and Ron Senungetuk
to the Public Arts Committee. Recommend confirmation.
H. Memorandum 05-83, from Mayor, Re: Appointment of Community and Economic Impact Standards Task
Force: Councilmembers Stark and Novak, Planning Commissioners Hess and Kranich, City Manager Wrede, City
Planner McKibben, Finance Director Baugh and as Ex Officio Member Bill Smith. Recommend confirmation.
I. Memorandum 05-84, from City Clerk, Re: Second Meeting in May will be on Tuesday, May 24, 2005
Pursuant to Resolution 04-103. Recommend confirmation.
J. Memorandum 05-85, from City Clerk, Re: Liquor License Transfer, Kachemak Bowl. Recommend approval
and non objection.
WYTHE/McLAY - MOVED FOR THE ADOPTION AND/OR APPROVAL OF THE CONSENT AGENDA AS READ WITH THE EXCLUSION OF ITEM B.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VISITORS
Kenai Peninsula Borough Mayor Bagley stated that he was in Homer to deal with some of the issues at the
Hospital with the Service Area Board and Operating Board and that he had heard that the Council meeting was
the night's town entertainment and that he thought he'd stop in and see what was going on.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS
A. Community Park Day Proclamation May 14th
B. Police Memorial Day Proclamation May 18th
C. Memorandum 05-86, from Mayor Hornaday, Re: Report on Juneau Trip.
D. Memorandum 05-87, from Councilmember Stark, Re: Report on Juneau Trip.
E. Memorandum 05-89, from Parks and Recreation Commission, Re: Land Allocation.
F. Councilmember Wythe provided her written report to the Council from the Juneau Trip.
PUBLIC HEARING(S)
A. Ordinance 05-23, Of the City Council of Homer, Alaska Accepting and Appropriating Private Donations in
the Amount of $690,000.00 for the New Homer Public Library Project and Authorizing the City Manager to
Execute the Appropriate Documents and/or Transfers. City Manager. Fiscal Note: Account No. Funding and
Expenditure: 151-722 Private Donations $690,000.00, Add to New Homer Library Project Budget $690,000.00.
(First Reading April 25, 2005, Public Hearing and Second Reading May 9, 2005.)
There was no Public testimony.
NOVAK/McLAY - MOVED FOR THE ADOPTION OF ORDINANCE 05-23 BY READING OF TITLE.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Ordinance 05-27, Of the City Council of the City of Homer, Alaska Amending Homer City Code Section
21.48.060(h) Central Business District Landscaping Requirements, Buffers and Section 21.49.060(h) General
Commercial 1 Landscaping Requirements, Buffers. Council. McLay. (First Reading April 25, 2005, Public
Hearing May 9, 2005, Second Reading Tuesday, May 24, 2005.)
There was no Public testimony.
C. Ordinance 05-28, Of the City Council Appropriating a Loan of $500,000.00 from the Special Projects Fund,
Account 151-275, to Construct the New Homer Public Library, and Stipulating that the Special Project Fund be
Repaid when the Current Library Building is Sold. City Manager. Fiscal Note: Account No. Funding and
Expenditure:151-275 Special Project Fund $500.000.00, Add to New Homer Public Library Fund. Must be repaid
to the Special Project Fund when the Current Library Building is sold. (First Reading April 25, 2005, Public
Hearing and Second Reading May 9, 2005.) Amendment requested to increase the dollar amount by
$75,000.00 for a total of $575,000.00.
There was no Public testimony.
McLAY/NOVAK - MOVED FOR THE ADOPTION OF ORDINANCE 05-28 BY READING OF TITLE.
There was no discussion.
McLAY/NOVAK - MOVED THAT WE AMEND THE AMOUNT OF THE LOAN FROM $500,000.00 TO $575,000.00
There was no discussion.
VOTE: (primary amendment) YES: YOURKOWSKI, STARK, NOVAK, HEIMBUCH, McLAY.
NO: WYTHE.
Motion carried.
Councilmember Wythe stated that she wanted to go on record regarding the Library on a couple of issues. First, she stated, that she is not opposed to the construction of the new library, acknowledging that the current facility has out grown its use in the City and the surrounding areas and that as the City continues to grow it will continue to be too small. She stated that she recognizes that the City is moving forward into an incredible debt on a project that has no escape route. She emphasized that the City is going forward, placing the existing building into an, essentially, mortgage position; that the City is exhausting the amount of the financial loan authorized by the voters; and exhausting every dollar amount just to come to the existing bid. She noted that this leaves absolutely nothing in reserve for the very probability that this project will exceed the amount of the bid. Ms. Wythe expressed serious reservations. She reported asking, during the Committee of the Whole, about the exit plans and that there seemed to be no exit plans, once agreed upon to go forward with the project there is no escape route, no option other than proceeding and that once it goes over budget the City will then have to try to figure out how to come up with the money to go ahead and finish the project.
She stated that she has severe reservations about proceeding, in light of the fact that the community has
authorized the City to take a loan of $2.2 million she will not vote in opposition to that, but will vote in
opposition of other funding options. She expressed her opinion that the City is just moving forward on this
project, because it feels compelled to move forward since it would cost more later. She suggested that there are
options to explore regarding the extra three lots that people don't want to talk about, not a real popular subject.
She voiced her thought that the City is not taking an appropriate fiscal view of this whole picture. She noted that,
when she ran for office, fiscal conservation was one of her running points and that she believes this was the issue
upon which she was elected. She voiced her desire for this project to be in a better financial position for going
into $7 million in debt and that, although extremely reliable, this is an incredible burden to place upon the
contractor, Jay-Brant.
Councilmember Stark stated that he has similar concerns and will address these later in the agenda.
Councilmember Heimbuch voiced concern with regard to depreciation costs, GASB rules, for this new facility. He
noted that this will tack on a operating cost with no idea from where that revenue stream is going to come. He
agreed that it is very hard to deny the hard work of people who have made this project come this far, not a very
comfortable position to be in and assumed there will be problems on down the line when they start talking about,
actually, funding that depreciation.
VOTE: (main motion as amended) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
ORDINANCE(S)
A. Ordinance 05-09, Of the City Council of Homer, Alaska, Amending Homer City Code Chapter 5.30, Hunting,
to Prohibit Trapping Within the City Limits. City Manager as directed by City Council via Memorandum
05-26.Chief of Police. (First Reading April 11, 2005, Public Hearing April 25, 2005, Second Reading May 9,
2005.)
STARK/NOVAK - MOVED FOR THE APPROVAL OF ORDINANCE 05-09 BY TITLE OF READING.
There was no discussion.
STARK/McLAY - MOVED TO AMEND TO ELIMINATE THE PROHIBITION OF FISHING WITHIN THE
CITY LIMITS.
There was no discussion.
VOTE: (primary amendment) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
5.30.010 Definitions(d) d. "Take or taking" means taking, pursuing, hunting, trapping, or in any manner
disturbing, capturing, or killing or attempting to take, pursue, hunt,[ fish,] trap, or in any manner capture
or kill [fish or] game.
There was no discussion.
VOTE:(main amended motion) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Consent Agenda Item B. Ordinance 05-19, Of the City Council of Homer, Alaska, Accepting and
Appropriating a Department of Commerce Economic Development Administration (EDA) Grant of
$1,115,000.00 for the New Homer Library Building Project and Authorizing the City Manager to Execute the
Appropriate Documents. City Manager. Fiscal Note: Revenue and Expenditure Account 151-722, EDA Grant
$1,115,000.00 to the Library Building Project. Recommend introduction and conduction public hearing and
second reading on Tuesday, May 24, 2005.
WYTHE/NOVAK - MOVED FOR THE ACCEPTANCE OF ORDINANCE 05-19.
Councilmember Wythe reiterated her comment about the City getting financially obligated for these funds without
a safety net. She noted that $115,000.00 these funds are specifically allocated to the three lots and that accepting
this is obligating those three lots to the existing five that have been obligated.
VOTE: YES: NOVAK, HEIMBUCH, YOURKOWSKI, STARK.
NO: McLAY, WYTHE.
Motion carried.
STARK/McLAY - ASKED FOR RECONSIDERATION OF ORDINANCE 05-28 TO MAKE AN AMENDMENT.
VOTE: (reconsideration) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
ORDINANCE 05-28 IS BACK ON THE FLOOR AS AMENDED.
Councilmember Wythe voiced her concern about paying the loan back if the building does not sell or if the
building does not sell at the $575,000.00 level.
Mayor Hornaday called for a recess at the request of Councilmember McLay at 7:37 p.m. to facilitate amendment
composition, he reconvened the meeting at 7:42.5.
WYTHE/STARK - MOVED FOR THE ADDITION OF A NEW SECTION TWO. UNDER THE NOW THEREFORE, WHICH WOULD READ: TO BE REPAID AT A MINIMUM RATE OF $57,500.00 PLUS INTEREST AT A RATE OF THREE PERCENT PER YEAR FOR TEN YEARS.
Councilmember Wythe stated that the intent would be that if funds came in, a wind fall or something, that the loan
could be paid off earlier, but that at a minimum it will be repaid over a period of ten years on the library. She
responded to inquiry that the funds would come from the General Fund, adding that she just wants this loan to be
paid back, similar to the loan repayment on the Animal Shelter, which is being repaid at $50,000.00 per year. She
stated that the intent is to ensure that this loan will be repaid and that the fund will not be depleted.
Councilmember Novak suggested that there be a start time for the repayment.
VOTE:(primary amendment 1. - after reconsideration) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
WYTHE/NOVAK - I WOULD FURTHER AMEND FOR A TIME FRAME TO BE ALLOTTED WHICH
WOULD BE: COMMENCING WITH THE BUDGET FOR THE YEAR 2007 IN THE EVENT THAT THE
PROPERTY SALE HAS NOT RECAPTURED THE $575,000.00.
There was no discussion.
VOTE:(primary amendment 2. - after reconsideration) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
There was no discussion.
STARK/WYTHE - MOVED TO AMEND THAT ANY FUNDS THAT ARE OBTAINED FROM THE
LEGISLATURE FOR THE LIBRARY BE USED TO PAY DOWN THIS LOAN.
There was no discussion.
VOTE:(primary amendment 3. - after reconsideration) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Section 2. To be repaid at a minimum rate of $57,500.00 plus interest at a rate of three percent per year
for ten years, commencing with the budget for the year 2007 in the event that the property sale has not
recaptured the $575,000.00. Any funds that are obtained from the Legislature for the Library be used to
pay down this loan.
There was no discussion.
VOTE:(main motion as reconsidered and amended) YES: HEIMBUCH, McLAY, YOURKOWSKI, STARK, NOVAK.
NO: WYTHE.
Motion carried.
CITY MANAGER'S REPORT
A. City Manager's Report (Updates and follow up: Spit leases, Ice Rink - DOT Appropriation, Hospital Lease -
Worksession Tuesday, May 10, 2005 at 10 a.m. in the Cowles Council Chambers, Proposed Skyline Drive Fire
Station, Hank's Water Service and Water Surcharges, Library - Memorandum 05-88 as backup to Resolutions
05-56 and 05-58, Legislative Update; May Employee Anniversaries: Dan Cornelius P/H 27 years, Ruth Mandzik
P/H 20 years, Michele McCandlish Finance 20 years, Kathy George Library 11 years, Sheri Hobbs Administration
11 years, Jo Earls Finance 6 years and Anne Marie Holen Administration 3 years; Memorandum through City
Manager regarding the Role of Arts in Economic Development; and Borough Homer Office Full time Staffing question.
B. Bid Report.
Invitation to Bid, Prisoner Meal Service for Homer Jail Sealed Bids will be received by the Office of the City
Clerk, 491 E. Pioneer Avenue, Homer, Alaska 99603 until 2:00 p.m., May 12,2005 at which time they will be
publicly opened and read.
Invitation to Bid, Deep Water Dock Corrosion Protection Retrofit Sealed Bids are due in the Office of the City
Clerk, 491 E. Pioneer Avenue, Homer, Alaska 99603 by 2:00 p.m., May 19, 2005 at which time they will be
publicly opened. Bids received after the time fixed for receipt of the Bid shall not be considered. Associated costs
for bid plans and specs is $100 if picked up at Clerk's office; $135 for overnight delivery. All fees are non-refundable.
Invitation to Bid, Public Works Gravel Supply Sealed Bids will be received by the Office of the City Clerk, 491 E.
Pioneer Avenue, Homer, Alaska 99603 until 2:00 p.m., Thursday, June 9, 2005 at which time they will be publicly
opened and read.
COMMITTEE REPORT
A. Town Center Development Committee. (Meeting notes from April 14, 2005; Meeting scheduled for May 19
and 26, 2005 5:30 to 8 p.m. at the Homer Chamber of Commerce Building. Open House scheduled for June 9,
2005 4 to 7 p.m. Cowles Council Chambers and Final meeting June 23, 2005 from 5:30 to 8 p.m. )
B. Road Standards Committee
C. Public Arts Committee
D. Conference Center Feasibility Study Steering Committee.
PENDING BUSINESS
NEW BUSINESS
RESOLUTIONS
A. Reconsideration passed: Resolution 05-45, Of the Homer City Council Requesting a Right of Way Use
Agreement with the Alaska Department of Transportation and Public Facilities (ADOT &PF) for Additional Spit
Trail Parking at the Base of the Spit. Novak.
Resolution 05-45(S) and Resolution 05-45(SS) were both placed before the Council for consideration.
Resolution 05-45(S), Of the Homer City Council Requesting a Right of Way Use Agreement with the Alaska
Department of Transportation and Public Facilities (ADOT&PF), and Authorizing the City Manager to Obtain
Necessary Permits and Develop City Property (GL13) in the Same Area to Provide for Additional Parking and
Park Area at the Base of the Spit. Heimbuch.
Resolution 05-45(SS), Of the Homer City Council Authorizing the City Manager to Obtain Necessary Permits
and Develop City Property (GL13) to Provide for Additional Spit Trail Parking at the Base of the Spit by the
Summer of 2006 and Expanding the Parking on the North Side of Kachemak Drive by Summer 2005. Stark.
RECONSIDERED MAIN MOTION: WYTHE/NOVAK - MOVED FOR THE ACCEPTANCE OF
RESOLUTION 05-45 BY READING OF TITLE.
YOURKOWSKI/NOVAK/HEIMBUCH - MOTION TO AMEND RESOLUTION 05-45 AND REPLACE IT
WITH RESOLUTION 05-45(S). ( Resolution 05-45(S), Of the Homer City Council Requesting a Right of Way
Use Agreement with the Alaska Department of Transportation and Public Facilities (ADOT&PF), and
Authorizing the City Manager to Obtain Necessary Permits and Develop City Property (GL13) in the same Area
to Provide for Additional Parking and Park Area at the Base of the Spit.)
YOURKOWSKI/NOVAK - MOVED TO AMEND TO ADD A WHEREAS, TO READ: WHEREAS THE
HOMER PLANNING COMMISSION AND HOMER PARKS AND REC. COMMISSION UNANIMOUSLY
APPROVED USING THE DOT RIGHT OF WAY FOR EXPANDED PARKING.
It was noted that this is stated in the first whereas of the substitute. WHEREAS, The City Parks and Recreation
Commission and Homer Planning Commission has recognized the need for additional parking at the base of the
Homer Spit for people using the new Homer Spit Trail, and use of the trail has become so popular that at times
cars are parking on the shoulders of Kachemak Drive at the intersection with the Sterling Highway, and
Councilmembers Yourkowski and Novak agreed that this is sufficient and withdrew their motion with no
objection voiced by the rest of the Council.
Motion was withdrawn.
STARK/McLAY - MOVED TO AMEND BY SUBSTITUTING RESOLUTION O5-45(SS). (Resolution
05-45(SS), Of the Homer City Council Authorizing the City Manager to Obtain Necessary Permits and Develop
City Property (GL13) to Provide for Additional Spit Trail Parking at the Base of the Spit by the Summer of 2006
and Expanding the Parking on the North Side of Kachemak Drive by Summer 2005.) WHICH THE COUNCIL
ASKED HIM TO PREPARE DURING THE COMMITTEE OF THE WHOLE AND WHICH EVERYONE
HAS A COPY OF.
Councilmember Stark noted that there is a substantial hazard in crossing the road and that this Resolution takes
care of the problem.
Councilmember Heimbuch noted that the there were three elements discussed during the Committee of the
Whole: Including Government Lot 13, the DOT land and the expansion of the existing parking lot.
Councilmember Novak noted that the original Resolution covers the issues and that in the final whereas, there
should be all three items considered.
Discussion ensued.
HEIMBUCH/ - AMEND RESOLUTION 05-45(S) TO ADD ITEM 3 TO EXPAND THE PARKING LOT.
Motion was not recognized in that it did not have a second and was considered out of sequence.
YOURKOWSKI/ CALLED FOR THE QUESTION.
VOTE:(question) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE:(Resolution 05-45(SS))NO: WYTHE, YOURKOWSKI, STARK, NOVAK, HEIMBUCH, McLAY
Motion failed.
YOURKOWSKI/McLAY - LIKE TO AMEND RESOLUTION 05-45(S) BY ADDING A NEW NUMBER
ONE IN THE NOW THEREFORE BE IT RESOLVED, AND THAT NUMBER ONE WOULD SAY,
EXPAND EXISTING PARKING LOT, AND THE OTHER RESOLUTIONS IN THAT PARAGRAPH
WOULD BE NUMBERED APPROPRIATELY.
There was no discussion.
VOTE:(secondary amendment 1.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
YOURKOWSKI/McLAY - IN THE TITLE AFTER AUTHORIZING THE CITY MANAGER TO, I'D LIKE
TO INSERT THE WORDS "FACILITATE THE EXPANSION OF EXISTING PARKING LOT
AND"OBTAIN NECESSARY PERMITS AND DEVELOP CITY PROPERTY (GL13) IN THE SAME AREA
There was no discussion.
VOTE:(secondary amendment 1.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
There was discussion about the fiscal note and that it is assumed that the City Manager will come back to the
Council with a budget amendment or some kind of budget for this project, wherein Council will then approve the
fiscal note.
VOTE:(primary amendment 1. Resolution 05-45(S)) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
There was no discussion.
VOTE:(main motion as amended) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Substitute adopted with amendment. Final substitute with amendment reads as follows:
Title amended: A RESOLUTION OF THE HOMER CITY COUNCIL REQUESTING A RIGHT OF WAY
USE AGREEMENT WITH THE ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC
FACILITIES (ADOT&PF), AND AUTHORIZING THE CITY MANAGER TO FACILITATE THE
EXPANSION OF EXISTING PARKING LOT AND OBTAIN NECESSARY PERMITS AND DEVELOP
CITY PROPERTY (GL13) IN THE SAME AREA TO PROVIDE FOR ADDITIONAL PARKING AND PARK
AREA AT THE BASE OF THE SPIT.
Whereas clauses: WHEREAS, The City Parks and Recreation Commission and Homer Planning Commission has recognized the need for additional parking at the base of the Homer Spit for people using the new Homer Spit Trail, and use of the trail has become so popular that at times cars are parking on the shoulders of Kachemak Drive at the intersection with the Sterling Highway, and
WHEREAS, ADOT&PF has a large gravel right of way area that is suitable for parking on the west side of the Sterling Highway across from the Spit Trail parking area that does not have an established use agreement, and
WHEREAS, Any permitted use for this right of way area can only be for parking and no fee can be charged, and
WHEREAS, the City of Homer has a lot (GL13) suitable for developing parking with an ocean front green belt on the east side of the Sterling Highway adjacent to the Spit Trail, and dredged material from the spit may provide cost effective and appropriate back fill for GL13.
NOW THEREFORE BE IT RESOLVED that in order to establish additional parking at the base of the Homer Spit the Homer City Council directs the City of Homer to:
1. Expand existing parking lot.
[1.] 2. Pursue the process of obtaining a lease or land use agreement with ADOT&PF.
[2.] 3. Obtain the necessary permits for developing Government Lot 13 and submit a site
development plan with fiscal note to the council for final approval.
BE IT FURTHER RESOLVED that the City of Homer shall impress upon ADOT&PF the need to install a
crosswalk with flashing yellow light at the intersection of the Sterling Highway and Kachemak Drive to increase
public safety in the area for vehicles and pedestrians.
B. Resolution 05-56, Of the City Council, of Homer, Alaska, Authorizing and Providing for the Incurrence of
Indebtedness in the Principal Amount of an Additional $500,000.00 to the $1,700,000 for the Purpose Providing
a Portion of the Cost of Acquiring and Constructing a Public Library, Providing for the Collection, Handling, and
Disposition of Revenues Therefrom, and Authorizing Makings of Promissory Notes, Security Instruments, and
Pledges of Revenues to Evidence and Secure the Payment of Said Indebtedness and for Related Purposes. City
Manager. Heimbuch. Fiscal Note: $2,200,000 loan, 4.5% annual interest, $115,329.00 annual payment, for 40
years.
Memorandum 05-88, from City Manager as backup.
HEIMBUCH/STARK - MOVED THE ADOPTION OF RESOLUTION 05-56 BY TITLE READING TITLE.
There was discussion about the terms.
STARK/NOVAK - MOVED THAT THE LOAN BE FOR A PERIOD OF 30 YEARS AND NOT 40 YEARS.
Councilmember Stark stated that he plans to be here in thirty years, but really does not know and that he
considers it an atrocity to burden the City for payment on this loan for forty years.
Councilmember Heimbuch stated that he thought the interest was the same for thirty or forty years.
City Manager Wrede confirmed, adding that the loan payment would be in the range of $145,000.00 per year for
the thirty year payment plan instead of $115,000.00 for forty years.
Finance Director Baugh stated that the total difference is about $300,000.00 for shortening the term by ten years.
Discussion ensued.
Mayor Hornaday called for a recess at 8:05 p.m. at the request of Councilmember McLay to provide for the
Finance Director to do the calculations to give the Council a better estimate, he reconvened the meeting at 8:08 p.m.
Finance Director Baugh reported that it is $132,000.00, an increase of about $16,000.00 a year. This would be
about a $170,000.00 to $180,000.00 savings for the reduction of ten years in term. He responded to Council
inquiry that the life of the building is estimated to be 50 years.
VOTE:(primary amendment) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
There was no further discussion.
VOTE: (main motion as amended) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Resolution 05-58, Of the City Council of Homer, Alaska Awarding the Contract for the Homer Library
Project to the Firm of Jay-Brant General Contractors of Homer, Alaska, in the Base Bid Amount of
$6,109,390.50 and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk. Fiscal
Note: Budgeted in Acct. 151-722..
Memorandum 05-82, from Public Works as backup.
Memorandum 05-88, from City Manager as backup.
McLAY/NOVAK - MOVED TO ADOPT RESOLUTION 05-58 BY READING OF TITLE ONLY.
Councilmember Stark stated that he and his wife have made a substantial donation to the new library fund. He
commented that since then the Library Advisory Board had opposed the sale of the three westerly lots adjacent to
Poopdeck Street, even though they are not needed for library purposes and would bring in about a quarter of a
million dollars, which could be used for library work. He noted that the Library Board has opposed collecting
money from visitors for use of computers and videos, which would bring in about $40,000.00 per year for library
depreciation. He further noted that the Library Advisory Board has opposed cooperation with the University of
Alaska for a sharing of the library, a resource for library operation. He emphasized that he supports the
construction of the library, but will not vote for any supplemental funds until these three issues are resolved.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
WYTHE/NOVAK - CALLED FOR RECONSIDERATION OF RESOLUTION 05-58.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
MAIN MOTION IS BACK ON THE FLOOR.
There was no discussion.
VOTE: (main motion - reconsidered) YES: NOVAK, HEIMBUCH, McLAY, YOURKOWSKI, STARK.
NO: WYTHE.
Motion carried.
D. Resolution 05-59, Of the Homer City Council Approving Annexation of City Owned Land in the Bridge Creek Reservoir Area and Instructing the City Manager to Initiate Proceedings. Stark.
Pulled under Agenda Approval.
E Resolution 05-60, Of the City Council Requesting Immediate Input from the Homer Advisory Planning
Commission on Traffic Control Methods at the Lake Street and Sterling Highway Intersection. Mayor.
Pulled under Agenda Approval.
COMMENTS OF THE AUDIENCE
Audience comments upon any matter.
Leonard Wells, Homer resident, relayed hearing that the land whereon the current library building resides was
donated land that had stipulations on its usage that restricted the property to be used either for fire or library
purposes/uses. He stated that he has not looked into this and is wondering whether or not this is true and if the
City has looked into this matter.
City Manager Wrede, with approval of the Mayor, responded that it is true that the land that the current library is
on was donated to the City for library purposes and that if it is sold and that money goes to the library, "we" have
every indication that this is fine since it is still being put to the purpose of promoting the library.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans was not present.
COMMENTS OF THE CITY CLERK
City Clerk Calhoun had no comment.
COMMENTS OF THE CITY MANAGER
City Manager Wrede had no comment.
COMMENTS OF THE MAYOR
Mayor Hornaday had no comment.
COMMENTS OF THE CITY COUNCIL
Councilmember Wythe thanked the Council for indulging her on the amendment to repay the funds, adding that
she recognizes that for many people it is a frivolous accounting process, and that when dealing with accounting of
funds it is no longer a frivolous thought. She also thanked the Library Advisory Board for all their work, wished
them well with the Library Project as it moves forward. She told Mayor Bagley that she hoped the meeting was as
entertaining as he had hoped, adding that she looks forward to seeing him tomorrow.
Councilmember Heimbuch humourously expressed his displeasure with the Council for not forcing the Mayor to
break any tie votes tonight.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 8:16 p.m.
The next regular meeting is scheduled for Tuesday, May 24, 2005 at 7 p.m. The next Committee of the Whole is
scheduled for Tuesday, May 24, 2005 at 4 p.m.
A worksession is scheduled for Tuesday, May 10, 2005 at 10 a.m. regarding South Peninsula Hospital land lease
and ownership issues
Worksession Note: During worksession the Council decided to conduct a Special Meeting on May 24th between
the Committee of the Whole and Regular meeting from 5:30 p.m. to Regular Meeting time for the purposes of
conducting an Executive Session on the South Peninsula Hospital land lease and ownership issues.
All meeting are 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: __________________________