Session 09-11 a Regular Meeting of the Homer City Council was called
to order on May 11, 2009 at 7:00 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: HOWARD, LEWIS, NOVAK, ROBERTS,
ZAK, WYTHE
STAFF: CITY
MANAGER WREDE
CITY
CLERK JOHNSON CITY
ATTORNEY KLINKNER
CITY
PLANNER ABBOUD
FINANCE
DIRECTOR HARVILLE
PORT/HARBOR
DIRECTOR HAWKINS
Department Heads may be called upon from time to time to participate via teleconference.
Council met as a Committee of the Whole from 4:04 p.m. to 5:30 p.m. Agenda items included City Council meetings radio broadcast and Council Chambers sound system and Regular Meeting Agenda. Representative Paul Seaton spoke to Council about hiring a lobbyist.
AGENDA APPROVAL
(Addition of items to or removing
items from the agenda will be by unanimous consent of the Council.
Councilmember Howard requested New Business Item A – Memorandum 09-62 be heard just prior to adjournment.
The agenda was amended to add:
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS - H1N1 (Swine Flu) Influenza in Alaska, Provided by Alaska Department of Health and Social Services. PUBLIC HEARINGS - Ordinance 09-14(S), Substitute Ordinance of the City Council of Homer, Alaska, Authorizing the City Manager to Accept and Appropriate American Recovery and Reinvestment Act Funding (ARRA-Stimulus Bill) in the Form of a Loan (100% Forgiven Upon Project Completion) in the Amount of $190,000 for the Purpose of Constructing a Stairway to Access the Mid-Hillside Pressure Reducing Valve (PRV) Station. City Manager/Public Works Director; Ordinance 09-15(S), Substitute Ordinance of the City Council of Homer, Alaska, Authorizing the City Manager to Accept and Appropriate American Recovery and Reinvestment Act Funding (ARRA-Stimulus Bill) in the Form of a Loan (100% Forgiven Upon Purchase) in the Amount of $100,000 and Amending the FY 2009 Capital Budget by Appropriating an Additional $15,000 for the Purpose of Purchasing a New Vacuum Sweeper. City Manager/Public Works Director. PENDING BUSINESS - Ordinance 09-19 and Memorandum 09-61, Written public comment.
The agenda as amended was approved by consensus of the Council.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Frank Griswold, city resident, read a proposed substitute Ordinance 09-19(S) that he prepared listing twenty-four whereas clauses in opposition to the rezone of Mattox, Lakeside Village, and Forest View subdivisions. The proposed ordinance was provided as a laydown.
Kevin Hogan, city resident, supports Ordinance 09-24 and applauded Port and Harbor Director Bryan Hawkins for bringing it forward. He would like to see a legal review with suggestions for adding teeth. As to the Spit Comprehensive Plan Committee as referenced in the City Manager’s report, the public is at a severe disadvantage. Conflict is defined as personal interest above public interest. Without the list of applicants, he questioned where the declaration of conflict is coming from. Are deliberations being carried out behind closed doors? The work of the committee is important; implementation of the parking plan has been delayed for a long time and public safety has not been addressed. We need to see if the conflict of interest determination is uniformly applied, or applied liberally for some and onerously for others. There are already two people appointed to the committee; one of them a leaseholder.[1] It has already been determined that does not qualify as a conflict of interest.
RECONSIDERATION
None.
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 April 27, 2009 Regular Meeting. City Clerk.
Mayor Hornaday called for a motion for the adoption of the recommendations of the consent agenda as read.
NOVAK/LEWIS - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VISITORS
A. Peg Coleman, South Peninsula Haven House.
Peg Coleman, Director of South Peninsula Haven House, outlined the services offered at the agency. Haven House is a domestic violence center, the core agency for child safety seats, administrator of the child care assistance program, provider of healthy meals for childcare providers program, and an avenue for families to access available childcare in the local area. Haven House is now providing services for a Child Advocacy Center (CAC) within their facility. In collaboration with the police, children’s services and forensic nurses, a child abuse victim is interviewed in a child friendly room and observed from another room. The system is designed around the best interest of the child, with the child telling their story one time. The professionals come to the child, instead of passing the child around to multiple agencies. A young, experienced forensic interviewer within Alaska was hired to work out of the Homer office. Ms. Coleman offered kudos to the Police Chief and the investigators who have championed the CAC. Additionally, a grant was secured with more money than requested. Ms. Coleman invited interested parties to visit the Haven House.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION
REPORTS
A. Mayor’s Proclamation - Peace Officer Memorial Day – May 15, 2009 and National Police Week May 10-16, 2009.
B. Mayor’s Proclamation – National Hospital Week May 10-16, 2009.
C. Mayor’s Proclamation – Lampang as a Sister City.
D. H1N1 (Swine Flu) Influenza in Alaska, Provided by Alaska Department of Health and Social Services.
Mayor Hornaday thanked the Chamber of Commerce and others than made the town cleanup successful with over 600 bags collected. The 17th annual Shorebird Festival was held, a unique partnership between the Chamber of Commerce and Fish and Wildlife.
PUBLIC HEARING(S)
A. Ordinance 09-14, An Ordinance of the City Council of Homer, Alaska, Authorizing the City Manager to Accept and Appropriate American Recovery and Reinvestment Act Funding (ARRA-Stimulus Bill) in the Form of a Loan (100% Forgiven Upon Project Completion) in the Amount of $190,000 for the Purpose of Constructing a Stairway to Access the Mid-Hillside Pressure Reducing Valve (PRV) Station. City Manager/Public Works Director. Recommended dates: Introduction April 27, 2009, Public Hearing and Second Reading May 11, 2009.
Memorandum 09-47 from Public Works Director as backup.
Leonard Wells, city resident, commented there is no indication of how much the City will have to pay of the accepted money. Does it require future years of obligation of upkeep and what is the benefit? He questioned $190,000 for the stairs up a hill, and if vehicle access would make more sense. It sounds like an awful lot of money for cement stairs.
Mayor Hornaday called for a motion to substitute Ordinance 09-14(S) for Ordinance 09-14.
NOVAK/ROBERTS – SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-14(S) by reading of title only for second and final reading.
WYTHE/ZAK - SO MOVED.
City Attorney Klinkner suggested an amendment to line 44, to add the following language:.
ZAK/NOVAK – MOVED TO AMEND TO ADD TO LINE 44 AFTER ACCEPT, “EXECUTE A LOAN AGREEMENT FOR,”.
City Manager Wrede commented there is no additional City funding required, except for maintenance. It is a very steep area; there is no way you could drive. It is an OSHA issue with City workers climbing steep areas carrying equipment.
VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion as amended) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Ordinance 09-15, An Ordinance of the City Council of Homer, Alaska, Authorizing the City Manager to Accept and Appropriate American Recovery and Reinvestment Act Funding (ARRA-Stimulus Bill) in the Form of a Loan (100% Forgiven Upon Purchase) in the Amount of $100,000 and Amending the FY 2009 Capital Budget by Appropriating an Additional $15,000 for the Purpose of Purchasing a New Vacuum Sweeper. City Manager/Public Works Director. Recommended dates: Introduction April 27, 2009, Public Hearing and Second Reading May 11, 2009.
Memorandum 09-48 from Public Works Director as backup.
Kevin Hogan, city resident, supports Ordinance 09-15. He asked Council to make it plural, so there could be two or three machines purchased. He would like to see a mechanism to use City equipment on State-owned roads to get them cleaned up and improve the overall air quality. One vacuum truck can do 8 to 10 curb miles (heavy usage) on an 8-hour shift or up to 24 miles regular usage. There are a lot of machines that would fit the bill cheaper.
Mayor Hornaday called for a motion to substitute Ordinance 09-15(S) for Ordinance 09-15.
LEWIS/ZAK - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-15(S) by reading of title only for second and final reading.
NOVAK/HOWARD - SO MOVED.
WYTHE/ROBERTS - MOVED TO AMEND TO ADD TO LINE 44 AFTER ACCEPT, “EXECUTE A LOAN AGREEMENT FOR,”.
There was no discussion.
VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion as amended) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Ordinance 09-16, An Ordinance of the City Council of Homer, Alaska, Amending the FY 2009 Capital Budget by Appropriating an Additional $65,000 for a Stage II Snowblower. City Manager/Public Works Director. Recommended dates: Introduction April 27, 2009, Public Hearing and Second Reading May 11, 2009.
Memorandum 09-49 from Public Works Director as backup.
There was no public testimony.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-16 by reading of title only for second and final reading.
WYTHE/LEWIS - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
D. Ordinance 09-18, An Ordinance of the City Council of Homer, Alaska, Amending the FY 2009 Budget by Appropriating $116,075 from the Port and Harbor Reserves for Necessary Repairs at the Deep Water Dock. City Manager/Port and Harbor Director. Recommended dates: Introduction April 27, 2009, Public Hearing and Second Reading May 11, 2009.
Memorandum 09-51 from Port and Harbor Director as backup.
There was no public testimony.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-18 by reading of title only for second and final reading.
WYTHE/LEWIS - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
E. Ordinance 09-20, An Ordinance of the City Council of Homer, Alaska,
Amending the FY 2009 Operating Budget by Appropriating Funds in the Amount of
$69,000 for the Purchase and Installation of a Backup Generator at City Hall. City Manager. Recommended dates:
Introduction April 27, 2009, Public Hearing and Second Reading May 11, 2009.
Leonard Wells, city resident, asked if the purchase of KBBI’s generator was brought up. They have one that will be available for sale, if it satisfies the City’s need. There are no critical services provided at City Hall and the expenditure of $70,000 is not overly great if there is a need. At budget times such as now he does not see the need for the expenditure.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-20 by reading of title only for second and final reading.
NOVAK/WYTHE - SO MOVED.
Asked of the need for a generator, City Manager Wrede explained in the event of an emergency City Hall houses the servers and cell phone system. If City Hall were to lose power in an emergency, Fire, Police, Public Works, and Port and Harbor would be without power and access to phones and internet. There is a need for a large generator to run the servers and lights and heat for all departments to be up and running. An engineer is assessing the building to make sure we don’t oversize the generator, but purchase one that will keep the building up and running in the dead of the winter. KBBI’s generator was the backup generator at the Fire Department. The City is applying for a Homeland Security grant for the generator.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
F. Ordinance 09-21(A), An Ordinance of the City Council of Homer, Alaska, Appropriating $15,000 from the Parks and Recreation Reserves and the Balance from the General Fund for the Purpose of Repairing the Bishop’s Beach Shelter. City Manager/Public Works Director. Recommended dates: Introduction April 27, 2009, Public Hearing and Second Reading May 11, 2009.
Memorandum 09-53 from Public Works Director as backup.
There was no public testimony.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-21(A) by reading of title only for second and final reading.
WYTHE/ZAK - SO MOVED.
Larry Smith has volunteered to repair the shelter.
WYTHE/NOVAK – MOVED TO AMEND LINE 32 GENERAL FUND RESERVES TO $21,500.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Asked if Larry Smith would be required to provide the City with license and bonding as if he were any other contractor, Attorney Klinkner responded: Volunteer work is that which would normally be done by a licensed contractor. The City will purchase supplies and provide some compensation. The City must comply with State law requirements regarding construction; bonding requirements can be waived if the amount of the contract is small enough. Since the City is separately purchasing materials and labor will be provided by the volunteer individual, the person would need to be covered by their own or the City’s insurance.
City Manager Wrede reiterated the Public Works crew is to provide maintenance, not build new things.
Council expressed the high priority and need to complete the project timely for the summer. The ordinance includes an amount to complete the work, the largest cost being the crane time. The roof will have to be lifted to work on the pilings. Public Works Director Meyer will meet with Larry Smith to work out the details.
WYTHE/ROBERTS – MOVED TO AMEND TO ADD SECTION 3: THE CITY MANAGER IS FURTHER AUTHORIZED TO PURSUE THE OFFER OF CONSTRUCTION MADE BY LARRY SMITH PRIOR TO PROCEEDING SUBJECT TO MEETING ANY REQUIRED INSURANCE COVERAGE TO INSURE THAT THERE IS NO EXPOSURE TO THE CITY.
VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion as amended) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
ORDINANCE(S)
A. Ordinance 09-22, An Ordinance Amending Homer City Code 14.040.040 and Homer City Code 14.08.080 to Provide for the Determination of Sewer and Water Rates on a Biennial Basis, With New Rates Becoming Effective on July 1. Novak/Howard. Recommended dates: Introduction May 11, 2009, Public Hearing and Second Reading May 26, 2009.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-22 for introduction and first reading by reading of title only.
NOVAK/HOWARD - SO MOVED.
Councilmember Howard commented during the budget process it was decided Council would take action on the rates in mid-year. The ordinance is a follow-up to what was agreed upon under the budget process. Councilmember Novak reminded Council they had looked at three different scenarios before getting to this point.
Mayor Hornaday voiced concern of the rate proposal as it will raise the rates on over 1,000 citizens, while reducing rates on only 150.
Councilmember Zak is hesitant to vote without seeing enough of a plan for the future that includes infill or expansion of the system.
Councilmember Roberts pointed out the ordinance just changes the cycle of issuing new water and sewer rates. The intention is that springtime is a good time to examine rates, separate from the budget. The ordinance asks for a biennial examination with new rates to take effect July 1st.
Mayor Hornaday expressed reservations of adjusting rates at a time when many folks are gone from town.
Councilmember Howard commented rates were not adjusted in the wintertime because folks were gone in the winter. There may not be a good time, but Council needs to move ahead.
WYTHE/HOWARD – MOVED TO AMEND LINE 44 FOLLOWING REVIEWED BIENNIALLY TO ADD “ON ODD CALENDAR YEARS” AND AMENDED, AS NECESSARY, TO TAKE EFFECT ON JULY 1, “2009 WITH THE FIRST BIENNIAL REVIEW TO BE IN 2011.”
The amendment will place a water and sewer rate review on the 2011 calendar. The Port and Harbor fee schedule could be set on the even years to allow Council to focus on each separately.
VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Councilmember Zak is uncomfortable with the ordinance saying the new rates become effective July 1st. He does favor the biennial adjustment, but is not comfortable setting rates now without knowing enough on how to set the rates.
Asked about the billing cycle for water and sewer, Finance Director Harville answered the readings are done on the 5th of each month, the cycle running from the first through the end of the month.
WYTHE/NOVAK – MOVED TO AMEND TO TAKE EFFECT THE FIRST BILLING CYCLE FOLLOWING JULY 1.
There was no discussion.
VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion as amended) YES. ROBERTS, WYTHE, HOWARD, NOVAK, LEWIS
VOTE: NO. ZAK
Motion carried.
B. Ordinance 09-23, An Ordinance of the City Council of Homer, Alaska, Amending the FY 2009 Operating Budget by Appropriating Funds in the Amount of $52,870 for Inspections and Evaluations of the Pioneer Dock, Deep Water Dock, and the Fish Dock. City Manager/Public Works Director. Recommended dates: Introduction May 11, 2009, Public Hearing and Second Reading May 26, 2009.
Memorandum 09-60 from Public Works Director as backup.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-23 for introduction and first reading by reading of title only.
NOVAK/LEWIS - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Ordinance 09-24, An Ordinance of the
Home City Council Adopting HCC 10.04.090 Requiring Vessels Moored in the City
Harbor to be Underway at Least Twice a Year. City
Manager/Port and Harbor Director. Recommended dates:
Introduction May 11, 2009, Public Hearing and Second Reading May 26, 2009.
Memorandum 09-66 from Port and Harbor Director as backup.
Mayor Hornaday called for a motion for the adoption of
Ordinance 09-24 for introduction and first reading by reading of title only.
HOWARD/WYTHE - SO MOVED.
ZAK - MOVED TO AMEND TO ALLOW SHIPS CURRENTLY IN THE
HARBOR THREE YEARS TO COME UNDER COMPLIANCE.
Motion failed for lack of a second.
Councilmember Zak believes it is an undue burden on
people. There are ships that have been in the harbor for 20 years that may not
run, yet they have been paying their moorage. It is unreasonable to make
compliance effective within three months.
Councilmember Howard is sensitive to owners of the
vessels, but is also sensitive to water quality and pollution that may be
taking place from chemical leaks.
Councilmember Zak noted that water quality or
pollution would be a DEC or Coast Guard issue, not the City’s issue. His
concern is being fair and reasonable to all property owners in the City.
Councilmember Wythe believes pollution issues would be
in someone else’s purview, while pollution within the harbor is the City’s
responsibility. When boats were moved out before, the Coast Guard required them
to be moved out of open water. The owners have had 20 years to figure out how
to get the boats out.
ROBERTS/WYTHE – MOVED TO AMEND LINE 20 TO ELIMINATE
THE WORD CONSECUTIVE.
There was no discussion.
VOTE: (amendment) YES. NON
OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion as amended) YES. LEWIS, ROBERTS,
WYTHE, HOWARD, NOVAK
VOTE: NO. ZAK
Motion carried.
A. City Manager’s Report
City Manager Wrede reported the Library’s landscaping was an issue, especially at this time of year. Some think the wild landscape is great, while others do not. A sum of $30,000 was re-appropriated during last year’s budget to restore what was cut in the prior year. Review of the landscape plan for LEED certified areas, low maintenance areas, was done by the Library Landscape Committee. They came up with a plan that will not require the allotted funds for plants and dirt. It is the committee’s recommendation for the next two years additional hours are provided to parks maintenance staff. After the garden is established it will be self sufficient. Using the money in that way is consistent with the original purpose to establish the gardens. An ordinance to re-appropriate funds will be forthcoming for the next meeting.
Mayor Hornaday asked for a specific plan from the Library Advisory Commission regarding the landscaping.
Joel Cooper, Deerstone Consulting, has been looking at our buildings for energy cost savings. Tracking energy has turned into more difficulty than anticipated and a $5,000 amendment to his contract to complete the work is needed. An ordinance will be brought forward at the next meeting to expend funds from the sustainability fund.
Five parcels in the E. Bunnell/Ocean and Islands Visitor Center area are being sought by Fish and Wildlife. They are high value wetlands important for wildlife habitat and plant life. The parcels are in the view shed. There is a willing seller and Fish and Wildlife has access to grant money. They have asked the City for a letter of support. Mitigation measures may have to be taken to make the lots buildable in the CBD area. Council expressed support for Fish and Wildlife acquiring the lots. A resolution will be forthcoming for the next meeting.
Economic stimulus money for water and sewer projects is available. Administration is struggling with how to approach it, as there is quite a bit of money available in loans that could fund projects on the CIP list. Two projects, the water tank and water line East and West through the downtown core and the bio-solids project for the sewer treatment plant are priorities. A new street sweeper and ladder at the Pressure Reducing Valve Station were approved tonight. Four more water/sewer projects are likely to be funded; DEC has urged us to move ahead and start design. Only a portion of the money at the 90% level would be reimbursed; the City would have to fund the rest on its own with a 1.5% interest loan. Although the loans are enticing, the City currently has $20M in loans for water/sewer projects. They are valuable projects with multiple benefits, but will stretch the HAWSP fund thinly. The debt would increase to $25M or $30M, overtaxing the HAWSP fund that would make the payments. Two smaller water/sewer projects that could be reimbursed is slip lining the sewer line from the Spit into town and replacing the Pressure Reducing Valve Station on the hill. Those two projects qualify for nearly complete reimbursement. At the next meeting ordinances will be introduced for the design of the two projects.
B. Bid Report
C. Question of the Week
COMMITTEE REPORT
A. Public Arts Committee
B. Transportation Advisory Committee
C. Permanent Fund Committee
D. Lease Committee
PENDING BUSINESS
A. Ordinance 09-19, An Ordinance of the
City Council of the City of Homer, Alaska, Amending the Homer City Zoning Map
to Rezone Portions of the Urban Residential (UR) to Residential Office (RO). City Manager/Planning. Recommended
dates: Introduction May 11, 2009, Public Hearing and Second Reading May 26,
2009.
Memorandum 09-52 from City Planner as backup.
Memorandum 09-61 from City Attorney as backup.
Motion on the floor from April 27th: MOVED
FOR THE ADOPTION OF ORDINANCE 09-19 FOR INTRODUCTION AND FIRST READING
BY READING OF TITLE ONLY.
Councilmember Zak disclosed a potential conflict of
interest. He has an employee whose husband who owns a lot within the district.
The employee is a commission sales real estate broker.
City Attorney Klinkner commented it does not appear
that Councilmember Zak has a substantial financial interest in the matter. His
employee may, although it does not work its way up to Mr. Zak.
Mayor Hornaday ruled there was no conflict of interest
for Councilmember Zak. There was non objection from the Council.
VOTE: (main motion) YES. NOVAK, LEWIS, WYTHE, ZAK,
HOWARD
VOTE: NO. ROBERTS
Motion carried.
NEW BUSINESS
A. Memorandum 09-62, From City Clerk Re: Request for Executive Session Pursuant to AS 44.62.310(C)(1), Matters, the Immediate Knowledge of Which Would Clearly Have an Adverse Effect Upon the Finances of the Government Unit. (West Campus lease for the University.)
Moved to follow Comments of the City Council, right before Adjournment.
RESOLUTIONS
A. Resolution 09-47, A Resolution of the City Council of the City of Homer, Alaska Establishing a Schedule of Rates and Fees for Water Service, and Repealing Resolution 07-119(A). Novak/Howard.
Memorandum 09-63 from Finance Director as backup.
Memorandum 09-64 from Finance Director as backup.
Mayor Hornaday called for a motion for the adoption of Resolution 09-47 by reading of title only.
NOVAK/HOWARD - SO MOVED.
NOVAK/HOWARD - MOVED TO POSTPONE THIS RESOLUTION TO MAY 26TH WITH THE INTENT TO GO ALONG WITH THE ORDINANCE (ORDINANCE 09-22) TO ALLOW FOR PUBLIC HEARING.
Discussion ensued on an amendment to allow the resolution to follow Ordinance 09-22 in its process.
VOTE: (postponement) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
WYTHE/NOVAK - MOVED TO AMEND TO READ THAT THIS RESOLUTION WILL FOLLOW THE ORDINANCE.
There was no discussion.
VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Resolution 09-48, A Resolution of the City Council of the City of Homer, Alaska Establishing a Schedule of Rates and Fees for Sewer Service, and Repealing Resolution 07-120(A). Novak/Howard.
Memorandum 09-63 from Finance Director as backup.
Memorandum 09-65 from Finance Director as backup.
Mayor Hornaday called for a motion for the adoption of Resolution 09-48 by reading of title only.
NOVAK/HOWARD - SO MOVED.
NOVAK/WYTHE - MOVED TO POSTPONE FOR PUBLIC HEARING ON MAY 26TH AND TO FOLLOW THE ORDINANCE (ORDINANCE 09-22).
There was no discussion.
VOTE: (postponement) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
COMMENTS OF THE AUDIENCE
Frank Griswold, city resident, commented on the Comprehensive Spit Plan Committee. Citizens with a financial interest on the Spit have the ability to participate as members of the general public, but they should not be appointed as committee members. The City’s conflict of interest regulations apply to committee members. The City has been secretive why it is spending $65,000 to revise the Spit plan after spending over $100,000 on the Comprehensive Plan. The City has no planning authority, therefore no authority to make amendments to the Comprehensive Plan. The Planning Commission decided a need to revise the Spit plan; the City needs to be more forthright with the public as to why they are spending the money. The 1999 Comprehensive Plan update was done for $25,000, with two pages for the Spit plan. It plan should be done in house or by the Borough, who has the authority to do it.
Leonard Wells, city resident, has difficulty understanding why Council has so many Executive Sessions. There is no explanation of how many dollars the adverse financial effect will be. The lease to the campus is not that big; it costs the city government a lot to lease it. The public never hears the outcome or votes of an Executive Session. Mr. Wells suggested meetings be set aside for the public to have discussions with Council, during a weekend or several times during the preamble. The only thing the public gets to see is introduction at one meeting, public comment, and then they vote. If they hear from the public and vote immediately they have no chance to consider what the public says.
COMMENTS OF THE
Asked to provide input on the conflict of interest issue on the Spit Comprehensive Plan Committee members, City Attorney Klinkner offered his response. A certain number of people have applied for the committee and some or all of them have specific interest in property or leaseholds on the Spit. The concern is whether they are conflicted from participating in the development of the comprehensive plan. Conflict of interest measures apply to the City Manager and City officials. City officials are defined as elected officials and appointed people who are subject to mayoral appointment and Council confirmation. The Spit Comprehensive Plan Committee is appointed by the Mayor and confirmed by Council and would be subject to the conflict of interest requirements of the code. Part of the purpose of establishing the committee is for input from stakeholders on the Spit. There is nothing unlawful or unreasonable for providing a mechanism to do that. Resolution 09-08(A) was passed to set up the committee. The committee should be a focus group of stakeholders who provide input in the drafting of the plan. Drafting the plan remains in the hands of the consultant and the Planning Commission. That would alleviate the anticipated conflict of interest, as the committee members would not control the document. Attorney Klinkner read the resolution. An amended resolution will be prepared for the next meeting.
COMMENTS OF THE
City Clerk Johnson had no comments.
COMMENTS OF THE
City Manager Wrede had no comments.
COMMENTS OF THE MAYOR
Mayor Hornaday had no comments.
COMMENTS OF THE
Councilmember Novak supports the Spit Comprehensive Plan Committee and them providing input. The draft plan will be completed by the paid consultants. The City Attorney’s suggested change to the resolution appointing the committee will be a big help. The knowledge of the people that work on the Spit can be utilized. The City’s Comprehensive Plan did not address the Spit; it was a separate issue. That is why there is a separate plan being done for the Spit and a bid with an accepted contractor. Parking issues and other needs on Spit should be resolved and addressed in the next year.
Councilmember Zak commented that the folks that have boats in the harbor are running out of time and need to figure out a plan to get them out of there. He is disappointed Council did not come up with a plan for more time. There is not a lot of area on the Spit, water and sewer runs on it, and is expensive. He hopes Council can come up with a strategic plan for the future to avoid spending a lot of money for the water and sewer system.
Councilmember Wythe commented on the Spit Comprehensive Plan. If Council is going to hire a consultant, the expectations for the consultant should be established. That would eliminate a lot of concerns about conflict of interest, as it would be commonly agreed by the Council, not commonly agreed by a small group of people with a vested personal interest. The consultant is ultimately designing a plan to meet the expectation of the Council for the best interest of the community.
Councilmember Roberts is glad Council passed the Bishops Beach ordinance, as it is important to get going on it. She appreciates Mr. Smith volunteering to help. It is important to have the repairs done soon, not during the summer season. On Ordinance 09-19 she had a lot of concerns because not a majority of property owners in the area voted yes for the rezone.
Councilmembers Howard and Lewis
had no comments.
NEW BUSINESS
A. Memorandum 09-62, From City Clerk Re: Request for Executive Session Pursuant to AS 44.62.310(C)(1), Matters, the Immediate Knowledge of Which Would Clearly Have an Adverse Effect Upon the Finances of the Government Unit. (West Campus lease for the University.)
Councilmembers Lewis and Zak declared employment related conflicts of interest. Councilmember Lewis is employed by Kachemak Bay Campus and Councilmember Zak is employed by the University of Alaska through the Small Business Development Center.
City Attorney Klinkner stated both Councilmembers have a substantial interest of the action taken with the lease. No action will be taken this evening in executive session. The participation in discussion that leads to action may be problematic. Mr. Klinkner recommended both Councilmembers be excused.
Mayor Hornaday called for a motion for the approval of the recommendation for executive session to discuss West Campus lease for the University.
WYTHE/NOVAK – SO MOVED.
There was no discussion.
VOTE: YES. WYTHE, HOWARD, NOVAK, ROBERTS
Motion carried.
Mayor and Council recessed to Executive Session at 8:46 p.m. and reconvened at 9:16 p.m.
Mayor Pro Tempore Novak stated that Council discussed the West Campus lease for the University and gave direction to the City Manager as to how to proceed.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 9:17 p.m. by Mayor James C. Hornaday. The next Regular Meeting is scheduled for Tuesday, May 26, 2009 at 7:00 p.m. The next Committee of the Whole is scheduled for Tuesday, May 26, 2009 at 4:00 p.m. All meetings scheduled to be held in the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.
_______________________________
JO JOHNSON, CMC, CITY CLERK
Approved: ______________________
[1] Memorandum 09-42, City Council meeting of April 13, 2009, appointments to the Spit Comprehensive Plan Committee were not made.