Session 07-28 a Special Meeting of the Homer City Council was called to order at 7:02 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, NOVAK, ROBERTS, WYTHE

 

                        ABSENT:                                CHESLEY SHADLE (both excused)

 

                        STAFF:                                    CITY MANAGER WREDE

                                                                        CITY CLERK JOHNSON

                       

Councilmember Chesley has requested excusal.

Councilmember Shadle has requested telephonic participation, although was not present by telephone.

 

Department Heads may be called upon from time to time to participate via teleconference.

 

Council met as a Committee of the Whole from 4:17 to 5:20 p.m. Agenda items included: Ordinances: Procedures/Requirements and Special Meeting 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.)

 

Additions included: Email correspondence from Councilmember Chesley re: attendance at Council meeting. Announcements/Presentations – Homer Senior Citizens information.

 

New Business Item B – Memorandum 07-159 was postponed to November 26, 2007 and Public Hearing Item F Ordinance 07-45(A) and 07-45(A)(S) was amended for Second Reading on November 26, 2007.

 

The agenda was approved as amended by the Council.

 

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

 

Public may comment on any item on the agenda with the exception of: Ordinance 07-37, Concerning Dangerous Structures and the Abatement of Public Nuisances; Ordinance 07-41(A), a Capital Project Grant for a New Oil Tank at the Pratt Museum; Ordinance 07-42, Budget for Calendar Year 2008; Resolution 07-Draft, Revising the Port and Harbor of Homer Terminal Tariff No. 600 and Fee Schedule; Ordinances 07-43 and 07-43(S), Accepting a Grant for ALMR (Alaska Land             Mobile Radio) Upgrades for the Police Department and New Radios for the Volunteer Fire Department; Ordinance 07-44, Accepting a Grant for a State Managed Security Vulnerability Assessment; Ordinances 07-45(A) and 07-45(A)(S), Telephonic Participation in City Council Meetings by the Mayor and Councilmembers, and City Financing and Construction of New Courthouse in Town Center.

Frank Griswold, city resident, commented on written testimony he submitted at the October 22, 2007 City Council meeting re: Ordinance 07-45(A). It was not included in this packet as he requested and he hopes Council considers it. He commented on the City Manager’s report regarding planning powers. Mr. Griswold cited AS 29.40.020 and 29.40.030(b) the Kenai Peninsula Borough’s responsibility to prepare the Comprehensive Plan. The City of Homer has no planning authority, except for minor revisions to its land use plan. The City has hijacked the duties of the KPB to let a local committee dictate the goals and objectives of the plan with fees for hiring consultants exceeding $100,000 charged to Homer’s taxpayers. He has been objecting to the City’s preparation of the Comprehensive Plan since January, and only now is the City considering requesting planning powers from the Borough. The City cannot handle the zoning powers it has been delegated; it would be foolish to request platting powers from the Borough. If planning, zoning and platting were left to the Borough, the City could close its Planning Department and eliminate the need for a new City Hall.     

 

Kyra Wagner, city resident, referenced the Global Warming Task Force and their upcoming presentation of the Climate Action Plan. She works with a group called Sustainable Homer, organized in September 2006. She is overwhelmed with the enthusiasm the town has shown for projects regarding sustainability and efficiency. She appreciates the Mayor attending the Global Warming conference. The Homer Chamber of Commerce is adopting Sustainable Homer as one of their pillars in economic development. She encouraged all to make sustainability a focus of the City and for Council to take the steps the GWTF has outlined.

           

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 October 22, 2007 Regular Meeting.           City Clerk. Recommend approval.                                                             

 

B.         Ordinance 07-47, Of the City Council of the City of Homer Amending the Official Road          Maintenance Map of the City of Homer by Adding 2,083 Linear Feet of Road       Improvements to Soundview Avenue, Shelley Avenue, Tajen Lane and Cabana Court, or         .40 miles of Urban Road. Public Works Director. Recommend Introduction November        13, 2007, conduct Public Hearing and Second Reading on November 26, 2007.                      

 

            Memorandum 07-171 thru Public Works Director as backup.              

 

C.        Memorandum 07-173, from Clerk, Re: Liquor License Renewal for Frosty Bear Ice   Cream Parlor and Crabbies Seafood & Steakhouse.            Recommend non objection and             approval.                                                                                                         

D.        Memorandum 07-174, from Clerk, Re: Liquor License Renewal for Salty Dawg Saloon.         Recommend non objection and approval.                                                           

 

E.         Memorandum 07-175, From Mayor, Re: Reappointment of Teena Garay and Bumppo           Bremicker to the Parks and Recreation Advisory Commission, Reappointment of Beth     Wythe to the Permanent Fund Committee, Reappointment of Kurt Marquardt to the           Transportation Advisory Committee, Appointment of Patrick McNary to the Advisory          Planning Commission, Appointment of Kevin Hogan and Reappointment of Beth Wythe            to the Economic Development Advisory Commission, and the Appointments of Kurt   Marquardt, Caroline     Storm and Kyra Wagner to the City Hall/Town Square Review   Committee. Recommend confirmation.                                                 

 

NOVAK/WYTHE – MOVED FOR THE ADOPTION OF THE CONSENT AGENDA AS READ.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

           

VISITORS

 

A.                 Homer High School Senior Government Students

 

Mayor Hornaday acknowledged the Senior Government students in attendance.

 

B.                 Michael Beal, Seldovia Native Corporation, Update on Kachemak Bay Ferry Project

 

Michael Beal, CEO of Seldovia Native Association, Inc. presented the Kachemak Bay Ferry Project. Chance Collier, Project Assistant, and Michele Gruber, Marketing Director, was introduced. A booklet outlining the design, development and feasibility study of the Seldovia to Homer ferry project was provided. Highlights of the proposed plan include:

·        Funding includes $2M for design, development and feasibility. Another $7.7M has been received. The total project cost is $10.2M. The State of Alaska has appropriated $1.5M as matching funds. The money first went to Federal highways, then to the Bureau of Indian Affairs and then to the Seldovia Village Tribe.

·         A 150 passenger catamaran was decided upon due to costs.

·        Seldovia Village Tribe owns the Dimond Center Hotel in Anchorage and hopes to move tourism from Anchorage to the Homer Spit and Seldovia.

·        The new ferry will be state of the art, including dinner cruises.

·        8,000 more tourists to the City of Seldovia in the summertime will combat Seldovia’s negative economy.

·        The passenger catamaran makes $146,000 in the summer and loses $141,000 if it runs year round.

·        Envision $1M terminal and visitor center on the Homer Spit.

·        Economic boost to Seldovia.

·        Ferry will run on weekends in the winter, complementing the Alaska Marine Highway System.

·        Working in conjunction with the Discovery and Rainbow, present tour boats operating from Homer.

 

The ferry project will make a better tour than Mt. McKinley. The City of Seldovia has been promised openness and fairness on the project. The City of Seldovia sent out a letter blasting the project. Prior Seldovia Mayor Kurt Rynertson is well versed on the project, the City of Seldovia was paid $83,000. Mayor Wyland was called after Mr. Beal heard there had been executive sessions in Seldovia in regard to the ferry.

 

The ferry will be owned by the Seldovia Village Tribe; the Seldovia Native Association will be paid to manage the project. The Federal Transit Administration has set aside monies that may be used to help run the ferry and service future needs of Seldovia. It is hoped the FTA will step in with funding for trips to Port Graham and Halibut Cove.  Seldovia Native Association will make arrangements for tours. FTA set asides will not result in subsidies to tribal members nor provide for any shareholder preference in hiring. The project is self-sustaining without any subsidies; expanded service will require subsidies. Mr. Beal stated he has no opposition with a head fee on the boat allowing funds for the City of Seldovia. There has been no effect from visitors on the current 12% tax on the Dimond Hotel. The boat will pay sales tax. Seldovia Native Corporation pays tax, the tribe does not pay sales tax due to sovereignty on buildings in Seldovia. The Seldovia Village Tribe will own the visitors center on the Homer Spit; it will be a taxable entity. 

           

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH    REPORT/COMMISSION REPORTS

 

Mayor Hornaday announced Mike Mason, KBBI News Director, received a Goldie News Award, a major news award in Alaska.

 

A.                 Fred Lau, Senior Center

 

Fred Lau, Director of Homer Senior Center, made a presentation on the services the Senior Center offers:

·        Homer Senior Center - activity center, offices, average of 60 meals per day.

·        Congregate Meals- full service kitchen fully equipped with storage, expanded dining room can serve 120. Home delivered meals, DOT allowed for new meal delivery vehicle, service expanded to 7 days a week.

·        Adult Day Services Friendship Centernoon home style meal, activities, arts and crafts, prepare fliers and handouts.

·        Transportation – 2 new vans, 7 passenger vehicle with handicap lift, 14 passenger with handicap lift, seats 3 wheelchairs.

·        Senior Independent Housing - Kachemak Bay 24 units; Pioneer Vistas Housing 8-plex, handicap accessible; Lee Street housing; Bartlett Terrace Housing 9 units, to be completed by May 2008.

·        Assisted Living Friendship Terrace - 40 one-bedroom units, library, activities room, arts and crafts room, physical area, gazebo. The Ark - assisted living 6 bed/6 room assisted living facility.

·        Community and Public Activities – co-sponsor activities, donate food to Homer Food Bank, provide meals to Homer City Jail by contract.

·        Personnel and Finances 54 employees, $2,724,000 budget. Capital Budget $2,187,000.

 

Mayor Hornaday called for a recess at 7:51 and reconvened the meeting at 8:04 p.m.

 

B.                 Doug Wooliver, Alaska Court System

 

Doug Wooliver, Administrative Attorney for the Alaska Court System, provided an overview of space needs for the Homer court. The current facility is inadequate in jury facilities and conference rooms. Lack of space hinders how quickly cases move through the system. Both the large courtroom and hearing room are inadequate for superior and misdemeanor court cases. The District Court calendar gets bumped when Superior Court is in town. Last year 960 sq. ft. office space was added when the title company moved out. At the end of April 2008 the lease expires, with two one-year extensions; by 2010 the court will be finished in its present location. The State wants a modern courthouse with two full sized courtrooms, allowing two court proceedings to be conducted at one time. Space is needed for a resident Superior Court judge. The present building is 6,700 square feet; a 10,500 sq. ft. building is desired. Town Center is a good place for the City and Court, offering improvements in parking and services for jurors. The Court can contract with the City for a new courthouse for a lease or lease/purchase or bid with a private contractor. Presently there is $152,000 per year available, a request for $306,000 has been made for a new facility. The Court System has requested $284 per sq. ft. for a full service lease (includes utilities and snow removal); it is unknown until the budget is passed in April 2008 if funds will be allocated. Staff increases will include a Superior Court judge, in court clerk and administrative assistant. If there is enough work for a Superior Court judge, trial work for lawyers will be necessary as well.

 

C.        Mayor’s Proclamation – World Diabetes Day                                      

 

PUBLIC HEARING(S)

 

A.        Ordinance 07-37, Of the City Council of Homer, Alaska Repealing Homer City Code             Chapter 5.12 Concerning Dangerous Structures and Repealing and Reenacting Chapter          5.16 Concerning the Abatement of Public Nuisances. City Manager. First Reading            October 8, 2007, conduct Public Hearings on October 22, 2007 and November 13, 2007     and Second Reading on November 13, 2007.                                                  

 

Leonard Wells, city resident, voiced objection of the ordinance if it was appearance oriented. If restrictions are health oriented he would have no objections unless a person has a legal right to trespass on the property. There should not be any standing in requesting abatement.

 

City Manager Wrede noted the intent of the ordinance is for public nuisances and health and safety; not zoning. Although language could be tightened up in the ordinance, the nexus is public health and safety issues.

 

Councilmember Heimbuch asked what standards would Mr. Wells use to make a subjective standing. Mr. Wells answered if someone could be injured by being on the property the could complain and get legal action from the city. Criminals should not be able to sue when trespassing. Councilmember Heimbuch voiced opposition on weighing in on the appearance of someone’s property, referencing Bob Cousins property.

 

Frank Griswold, city resident, asked why wouldn’t protecting public health be part of the zoning ordinance when protecting public health is a stated purpose of Homer’s zoning ordinances. Maintaining aesthetics has been upheld by the Alaska Supreme Court as a legitimate zoning objective.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 07-37 by reading of title only for second and final reading.

 

WYTHE/NOVAK – SO MOVED.

 

WYTHE/NOVAK – MOVED TO AMEND LINE 34 – STRIKE “DIRECTOR OF PUBLIC WORKS OR ANOTHER”; AFTER CITY MANAGER ADD: “WHO HAS BEEN ADEQUATELY TRAINED AND IS DETERMINED TO BE A QUALIFIED INSPECTOR FOR THE PURPOSES OF DETERMINING THE STRUCTURAL SAFETY OF A STRUCTURE.

 

There may or may not be a Public Works Director that meets that criteria. Training would make the person qualified to determine if property is safe.

 

City Manager Wrede asked if it would be permissible for a contractor with the training to be on contract with the City. Councilmember Wythe expressed the need for an individual who by designation, training and recognition within the community is qualified to make a solid determination. 

 

VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

WYTHE/NOVAK  – MOVED TO AMEND LINE 59: STRIKE “ENJOYMENT AND USE” AND REPLACE THAT WITH “ASSESSED VALUE”.

 

The amendment is meant to remove subjectivity from the ordinance.

Councilmember Heimbuch offered a friendly amendment to change “assessed” to “appraised”. The friendly amendment was accepted.

 

City Manager Wrede noted the key language in the ordinance is endangerment to health, safety, life, limb or property.

 

WYTHE - POINT OF ORDER.

 

There is currently a motion on the floor.

 

Councilmember Heimbuch offered a friendly amendment: to strike the words “inconvenience” and “discomfort” on Lines 49 and 50. The amendment was not considered friendly.

 

VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

WYTHE/HEIMBUCH – MOVED TO STRIKE ON LINE 49 THE WORD “INCONVENIENCE” AND STRIKE THE WORD “DISCOMFORT” ON LINE 50.

 

There was no discussion.

 

VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

WYTHE/NOVAK - MOVED TO AMEND ON PAGE 83, LINE 78, ADDING “, BUT WILL BE ATTEMPTED”.

 

There was no discussion.

 

VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

WYTHE/NOVAK - MOVED TO AMEND LINE 108 TO ADD “ED” AFTER RECORD.

 

There was no discussion.

 

VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

WYTHE/ROBERTS - MOVED TO AMEND LINES 113 AND 114: MOVE THE SENTENCE BEGINNING AT “THAT THE” TO THE BEGINNING OF THE SENTENCE. 

 

Councilmember Heimbuch offered a friendly amendment that the sentence must begin with “the fact”. The friendly amendment was accepted.

 

VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

VOTE: (main motion as amended) YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Ordinance 07-41(A), Of the City Council of Homer, Alaska Amending the FY 2007   Operating Budget by Approving and Appropriating a Capital Project Grant in an Amount       not to Exceed $25,000.00 to the Pratt Museum for the Purpose of Decommissioning its       Underground Fuel Tank and Installing a New Tank Above Ground. Wythe. First Reading            October 22, 2007, conduct Public Hearing and Second Reading November 13, 2007.

 

Michael Craig, Homer resident and Board of Directors of the Pratt Museum, thanked Council for recognizing the unique relationship that exists between the City and the Museum. He appreciates the City Council stepping forward to expend money to help with the fuel tank project.

 

Neil McArthur, Building Manager for the Pratt Museum, stated the fuel tank cost is $9,150 and $500 for freight costs. It is a 1,000 gallon double walled tank and will be placed 50 ft. from the building and will be legal. There will be enough money to decommission the underground tank. 

 

Leonard Wells, city resident, questioned the City of Homer expending money for the fuel tank when it is not yet needed. The museum has known for a number of years the need to replace the tank. They have other ways of raising money. Mr. Wells does quite a bit in his own business to support the City of Homer and would like to have his own oil tank replaced. He has to look ahead and raise funds himself. The project is not truly necessary and could be brought up at next year’s election to see if voters want their money spent this way.

 

WYTHE/NOVAK – MOVED FOR THE ADOPTION OF ORDINANCE 07-41(A). 

 

NOVAK/ROBERTS – MOVED TO HAVE SECTION 2 PRIOR STRIKEN PUT BACK IN THE ORDINANCE.

 

Discussion ensued on the type of advice Public Works Director Meyer would give. It would be acceptable for Mr. Meyer to help the museum navigate through the red tape, however, if he puts a stamp on the project the City could be held liable. Absence of the language would not preclude Mr. Meyer from a courtesy call. 

 

HEIMBUCH/WYTHE – CALLED FOR THE QUESTION.

There was no discussion.

 

VOTE: (question) YES. HEIMBUCH, WYTHE, NOVAK

VOTE: NO. ROBERTS

 

Councilmember Roberts requested her no vote be changed to a yes.

Motion carried.

 

VOTE: (amendment) YES. NOVAK, WYTHE

VOTE: NO. HEIMBUCH, ROBERTS

 

Motion failed.

 

VOTE: (main motion) YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

C.                 Ordinance 07-42, Of the City Council of Homer, Alaska Appropriating Funds for the Calendar Year 2008 for the General Fund, the Water-Sewer Fund, the Port/Harbor Fund, Debt Funds, Capital Reserve Funds (Conditional Expenditures). First Reading October 22, 2007, conduct Public Hearings November 13 & 26, 2007 and Second Reading on November 26, 2007.

 

Kevin Hogan, city resident, thanked the Finance Director for her accessibility and for putting the budget on the website. His concern of the water/sewer fund is proposed rate increases to cover revenue shortfall. He would like Council to have a serious discussion on cost containment on the Enterprise Fund. After hearing the Mayor say Homer had the highest water/sewer rates for the state, he did a Google search for highest water/sewer rates for cities under 30,000 population. Homer’s water/sewer rates are in the upper echelon of the upper echelons. In his online search of rates of other cities there was only one in the same ballpark that was 30% under. Larger cities were 50% of our rates; most cities were a quarter of Homer’s. Ways to contain costs could be quarterly billings or contracting to a private enterprise to operate the system. You can’t continue to go to the public purse to show their unlimited costs.

 

Councilmember Wythe noted Council will discuss water and sewer rates at the next Committee of the Whole. If the City of Homer had 30,000 meters on the water system rates would be substantially less. Currently there is no base to spread the costs over.

 

Councilmember Heimbuch asked if Mr. Hogan if the Port and Harbor Commission has any opinion on any of the budget items.

 

WYTHE – POINT OF ORDER.

 

Business at hand is public hearing on budget items.

 

Leonard Wells, city resident, believes it is a good idea to discuss water/sewer rates at the next meeting so that part of the discussion can be done before the budget is passed. Council should take up why we don’t build more system, putting people on the system making their lives better. It is much like federal government does in the villages for water/sewer instead of honey buckets.

                                                                       

Resolution 07-Draft, Of the City Council of Homer, Alaska Revising Certain Portions of the Port and Harbor of Homer Terminal Tariff No. 600 and Amending the City of Homer Fee Schedule Accordingly. City Manager. (Follows schedule with Ordinance 07-42.)

                                                                                                                                   

D.        Ordinance 07-43, Of the City Council of Homer, Alaska Accepting and Appropriating             an Alaska Division of Homeland Security and Emergency Management (DHS&EM)           Grant in an Amount not to Exceed $35,000.00 for the Purpose of ALMR (Alaska Land     Mobile Radio) Compatible Radio Equipment Upgrades. City Manager. First Reading            October 22, 2007, conduct Public Hearing and Second Reading November 13, 2007.

                                                                                                                                   

            Ordinance 07-43(S), Of the City Council of Homer, Alaska Accepting and      Appropriating an Alaska Division of Homeland Security and Emergency Management           (DHS&EM)     Grant in an Amount not to Exceed $35,000.00 for the Purpose of ALMR (Alaska Land    Mobile Radio) Compatible Radio Equipment Upgrades for the Homer   Police Department and New Radios for the Homer Volunteer Fire Department. City    Manager. (Follows schedule of Ordinance 07-43.)                                               

 

Leonard Wells, city resident, is in favor of getting the money. It will raise the same question, does this obligate us to spend additional money in the future?

 

WYTHE/NOVAK - MOVED TO SUBSTITUTE ORDINANCE 07-43(S).

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 07-43(S) by reading of title only for second and final reading.

 

WYTHE/NOVAK – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

E.         Ordinance 07-44, Of the City Council of Homer, Alaska Accepting and Appropriating             an Alaskan Division of Homeland Security and Emergency Management (DHS&EM)           Grant in an Amount not to Exceed $5,000.00 for the Purpose of a State Managed Security          Vulnerability Assessment (SVA). City Manager. First Reading October 22, 2007,   conduct Public Hearing and Second Reading November 13, 2007.                   

 

There was no public testimony.

NOVAK/WYTHE – MOVED TO ADOPT ORDINANCE 07-44 BY READING OF TITLE.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

F.         Ordinance 07-45(A), Of the City Council of Homer, Alaska Amending Homer City     Code    Provisions Governing Telephonic Participation in City Council Meetings by the       Mayor and Members of the Council. First Reading October 22, 2007, conduct Public        Hearing and Second Reading on November 13, 2007.                         

 

            Ordinance 07-45(A)(S), Of the City Council of Homer, Alaska Amending Homer City            Code    Provisions Governing Telephonic Participation in City Council Meetings by the       Mayor and Members of the Council. (Follows schedule of Ordinance 07-45(A).)

                                                                                                                                   

Second Reading amended to November 26, 2007 upon approval of the agenda.

 

Frank Griswold, city resident, stated a determination by vote of City Council should always be made as to whether a councilmember may participate telephonically. Council should not adopt a policy without a vote by assuming a councilmember can participate by telephone. If a councilmember can participate by telephone the public should also be allowed to as encouraged by the Alaska Supreme Court in furtherance of the Open Meetings Act. Mr. Griswold gave reasons in a letter that did not make it into the packet. Consequences for a councilmember not participating for the full meeting should also be established, including payment for attending if not participating. If payments are disallowed for telephonic participation it would provide incentive to appear in person. Participation should be invalidated if the councilmember cannot hear or be heard. Clarification what constitutes a reasonable As to Line 94 good cause for telephonic participation, not just for medical should always be required, not just when requesting a special exception to the three meetings per year. As to Lines 111 to 112 no member should attend by telephone any quasi-judicial proceeding including appeals or as a Board of Adjustment.

 

Councilmember Roberts stated the lines do not match the current line references. Mr.Griswold stated the lines referred to the ordinance in the previous packet.

 

Mayor Hornaday called for a motion to substitute Ordinance 07-45(A)(S). No motion was made.

 

G.                 City Financing and Construction of New Courthouse in Town Center.

 

There was no public testimony.

 

ORDINANCE(S)

 

A.        Ordinance 07-46, Of the City Council of Homer, Alaska Amending the FY 2007         Budget             (Capital Equipment) by Authorizing the Acquisition of Certain Equipment Using Cash      from Depreciation Reserve Accounts Instead of Loan Financing. City Manager.         Recommend     Introduction November 13, 2007, conduct Public Hearing and Second      Reading on November 26, 2007.                                                                     

 

Mayor Hornaday called for a motion for introduction and first reading of Ordinance 07-46 by reading of title only.

 

WYTHE/NOVAK – SO MOVED.

 

There was no discussion.

 

Vote: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

           

CITY MANAGER’S REPORT

 

A.        City Manager’s Report  

 

  1. Pebble Mine / Potential Impacts: As you know, if the huge Pebble Mine is proven to be feasible, is permitted, and ultimately constructed, it could have very large social and economic impacts on Homer, both good and bad depending upon who you talk to. There may be broader environmental and economic impacts for Cook Inlet generally. The direct impacts on this community could include for example, increased business at the port, job opportunities for local residents, business opportunities for local businesses, and a potential influx of mine workers and their families. This could mean an increase in year around, well paying jobs and economic benefits for existing businesses and the overall economy. It might also mean higher real estate values, higher property taxes, a change in the demographics and socio-economic characteristics of the town, and new demands on infrastructure and services. The pebble mine is still speculative in nature and as such, cannot really be addressed in great detail in the City’s Economic Development or Comprehensive Plans. However, it is the 900 lb. Gorilla in the back room that has the potential to alter the course of Homer’s development significantly. As I travel around and talk to local organizations, like the Chamber and the Rotary Club, I have been asked what the City is doing to prepare for the impacts. Some have suggested that we establish a Task Force. Others have suggested that we hire consultants to help identify potential impacts and suggest ways to mitigate the bad ones and capitalize on the good ones. I agree and I think this is a very good topic for a future Committee of the Whole or Special Meeting discussion.
  2. Planning Powers: Over the past few weeks, several Council members have spoken to me about the prospect of formally requesting planning powers from the Borough. As you know, the Borough has responsibility for area-wide planning powers under State Statutes. Planning powers can be delegated to cities if requested. In the past, the Borough has encouraged Cities to do their own planning and provided matching grants to help support the effort. Since the Borough still has ultimate responsibility, Comprehensive Plans and other types of planning documents must ultimately be approved and adopted by the Borough Assembly after review by the Borough Planning Commission. The Borough has delegated land use powers to the City of Homer but so far, that is it. The City of Homer already, in practice, exercises most planning powers that would generally be covered by a city comprehensive plan. That includes things like transportation, capital projects, water and sewer, fiscal policies, etc. So, having the Borough delegate general planning authority would not cost the City any more money in the short term. The benefit would be more local control. Approval by the Borough for City planning efforts would no longer be required. One down side is that the City would no longer be eligible for matching grants from the Borough. Some of you have noted that you do not think the City is ready to assume platting powers. The Borough separates planning powers into three categories, platting, land use, and planning. The planning staff at the Borough assured me that the City could assume general planning powers without automatically assuming platting powers. That could come later. The two can be separated. So, please let me know if you want to formally discuss this (maybe at a Committee of the Whole) or would like me to do anything further.
  3. Seawall Update: No new news at this point. The property owners are still discussing among themselves how they want to cooperate with each other (or not). Absent any agreement, the City may choose to simply make repairs if necessary on its section of the wall.
  4. New Water Treatment Plant: At the time this report was written, there was no resolution of the problem regarding acquisition of the land. Discussions are on-going. The City has placed two new offers on the table.
  5. Old Library Sale: The Council will have a resolution before it at the November 13th meeting that authorizes the sale and establishes the terms and conditions. The Planning Commission has approved the preliminary plat and the Borough Planning Commission is scheduled to approve the plat at its next meeting in November. The Title Company is working on title insurance and Gordon and I are finalizing the bid documents. I met with the adjacent property owner this week regarding the parking easement and we expect to agree on a course of action shortly. If all falls into place, the Notice of Sale should be advertised shortly after the Council approves the resolution.
  6. New Courthouse: As you know, this item has been moved to the November 13 Council meeting. A public hearing will be scheduled as well. A representative of the Court, Mr. Doug Wooliver, will be present to give a short presentation and  be available to answer questions from the Council. Your packet also contains a preliminary financial analysis of what it might cost the City to construct and operate this building and also, what it might have to charge in lease payments in order to cover costs.
  7. Library / Art Loans and Display: As you may know, the Library has an existing policy of displaying the work of local artists. These works are on loan and are displayed on a rotating basis. Recently, Helen has a request that gave us pause. The owners of two valuable paintings by a well known artist inquired if they could put the painting on display at the Pratt and the Library. We had some initial concerns, as you might expect about liability and other practical matters. We worked with Gordon to develop a policy and release form which we believe will allow the public to enjoy these works of art while protecting the City’s interests. Please let me know if you would like more information or to discuss this in more detail. A copy of the agreement is attached.
  8. City Hall / Town Square Project: Things are moving ahead. Contracts have been signed. Carey, Bob Brant, and Pat McNary gave a presentation on the project to the Rotary Club on Thursday. Carey and I are scheduled to meet with CIRI in Anchorage on Nov. 28 regarding roads and platting. We spent a good deal of time this week talking about ways to ramp up the public information campaign and how to divide up the responsibilities. Attached is a schedule of up-coming meetings.
  9. Seldovia Ferry Project: Attached is a letter from the Mayor of Seldovia, a response to the Mayor’s letter from the CEO of the Seldovia Native Corporation, and a letter from the DOT/PF Commissioner. Mr. Michael Beal, the CEO of Seldovia Native Corporation is scheduled to give a short presentation and status report on the project at the November 13 meeting. I believe Michael intends to provide you each with a copy of the feasibility study but if he does not, I have copies that you can look at.
  10. AMHS Warehouse: Good news here. I received a call from the AG’s office last week and we had a good and productive conversation. In short, it looks as though they are going to accept the City’s proposal and place the warehouse on Lot 48 instead of next to the Ferry Terminal. This is great news and I think it is a win for the Ferry System, the Coast Guard, and the City. The agreement will be contingent upon the City Council approving a lease with no rent, as we discussed earlier.
  11. Tsunami / Emergency Sirens: Good news here as well. The Borough Office of Emergency Management is working on installing the new sirens. They should be functional shortly. Public Works and HEA are assisting. The Borough will install and maintain the sirens including software. The City will pay for the electricity. The sirens will be located at harbormaster’s office, Mariner Park, Bishop’s Beach, Ice Rink and near Douglas Place and Bay Ave.  

 

City Manager Wrede reported he and Councilmembers attended AML in Fairbanks; there was a lot of discussion on PERS and revenue sharing. Attorney Tans accompanied him to the University of Alaska, Office of Land Management for the first discussion about acquisition of City Hall. They now have a good understanding of constructing a purchase agreement of how the acquisition would happen. The University knows Council will make a decision in March 2008 when there are better cost estimates for a new City Hall and a full finance package in place. The college can wait, as the money they were allocated will stay in place for five years. Tomorrow City Manager Wrede will visit with some of the same people to structure a MOA to outline general understandings, and what happens if the City is not ready and not out of the building by October or November 2009. We are moving forward in a positive way and will structure the MOA so the comfort level is high, with a way to get out if either party needs to.

 

Discussion ensued as to a dedicated source of funding for loan repayment. There are scenarios where we wouldn’t have to ask the voters to incur debt. It is 80% certain the voters will need to make the decision. Revenue bonds could be used to build a courthouse; the City could sell bonds and that would not require a vote of the people. If borrowing money with long term indebtedness, authorization from the voters is needed. The court could lease with the option to own or another entity could purchase the building for the court.

 

Other items discussed were repairs to the seawall, land trade for the Water Treatment Plant and Alaska Marine Highway System warehouse. In early January planning powers and where the City is going with the Planning Department could be discussion at the Committee of the Whole.

 

Discussion of the hours at the library ensued; the City Manager is to explore the options to extend the hours to 8 p.m.                                                               

 

B.         Bid Report                                                                                                      

 

C.        Question of the Week                                                                                      

 

COMMITTEE REPORT

           

A.        Comprehensive Plan Community Advisory Committee                          

            (November 29, 2007 6:00 p.m.)

 

B.         Global Warming Task Force                                                                            

            (November 20, 2007 4:00 – 6:00 p.m.)

 

Alan Parks, Chairman of the GWTF, reported the Climate Action Plan is being streamlined and will come before Council at the November 26th meeting. He is hoping to meet with councilmembers individually to talk about the plan and get a jumpstart on the resolution. After attending the Climate Change Committee in Fairbanks he learned a statewide inventory on emissions and a Climate Action Plan for the state as a whole is in the works. Homer is in line with what the State is thinking about. He is pleased to hear the Mayor went to the Seattle conference.

 

C.        Public Arts Committee                                                                         

            (November 5, 2007 11:00 a.m.)

 

D.        Transportation Advisory Committee

            (November 20, 2007 5:30 p.m.)

 

E.         City Hall - Town Square Review Committee                                        

            (November 19, 2007 5:30 p.m.)

 

F.         Permanent Fund Committee                                                                             

            (November 15, 2007 6:00 p.m.)

 

PENDING BUSINESS

 

None.

 

NEW BUSINESS

 

A.        Memorandum 07-170, from City Manager, Re: Preliminary Financial Analysis / New Court House. City Manager. Recommend adoption of Alternative 1 or Alternative 2.

                                                                                                                       

WYTHE/ROBERTS - MOVED FOR THE ADOPTION OF ALTERNATIVE 2.

 

Councilmembers Wythe and Roberts voiced concern on the substantial financial loss to the City in building a new courthouse. The City does not need to get into the business of constructing and owning buildings. The Court System has ¾ of the money to achieve the size of their building; economic development is not boosted, as the same amount of people would be employed. Mayor Hornaday commented you would see increased staff indirectly with attorneys and probation officers.

 

Councilmember Novak noted the building would need to be leased at $500,000 per year. His reservation is not knowing where the Court System stands on what they would be willing to pay for a courthouse in the Town Center. He would like the City Manager to be allowed discussion to know what the court would be willing to pay.

 

Councilmember Wythe noted the building size used for estimation is 8,500 sq. ft., yet a 10,000 sq. ft. building is needed. The price would increase above $500,000. Alternative 2 suggests the court go to the private sector and come back to us if that doesn’t work. The City would not want to take away potential economic opportunities from the private sector. Someone in the community may want to build without having to take the 6% financing program.

 

Councilmember Roberts noted the Court System pays a maximum of $284 per sq. ft. for buildings. The analysis is based on $400 per sq. ft. throwing the figures off even more. She questioned the triple net lease. City Manager Wrede responded the Court System would be responsible for maintenance and utilities, reducing the lease rate by $100,000 per year. If the payment plan is extended from 20 to 40 years the figures would change substantially.

 

Councilmember Wythe stated the useful life of a building is 20 years and it could then be upgraded. At the end of 40 years the building will need substantial rehabilitation for re-lease. Re-leasing the building as anything other than a courthouse will require renovation. She strongly opposes the City getting into a process best held by the private sector.

 

Councilmember Novak concurred with a 20-year lease. A triple net lease could provide $500,00 per year. Although he is neither in favor or opposed he is interested in considering discussion. The City has nothing to lose by entertaining discussions on the financial perimeters.

 

Councilmember Heimbuch asked if the Court and City could be under the same roof. City Manager Wrede responded that the Court would prefer a separate building due to security measures. Councilmember Heimbuch suggested financing at 4% could be secured with a revenue bond. Councilmember Novak asked if discussions with the Court System regarding financial perimeters could continue. City Manager Wrede noted the assumptions are rough at $400 per sq. ft., the term could be changed and financing may be lower than 6%. The Court could modify their request to the Legislature, but will not know until April what funds they have to work with. Infrastructure costs are unknown. If built next to City Hall infrastructure costs could be kept down; locating the Court somewhere else would cause additional costs for roads and sewers.

HEIMBUCH - MOVED TO INCLUDE THE LANGUAGE FROM THE FIRST THREE LINES IN ALTERNATIVE 1 AND TACK THAT ON RIGHT BEFORE THE WORD INFORM IN ALTERNATIVE 2.

 

Motion failed for lack of a second.

 

City Manager Wrede stated the architects are moving ahead with a 10% plan anticipated by December. Preliminary options for City Hall were sent recently.

 

NOVAK/WYTHE – MOVED TO AMEND ALTERNATIVE 2 TO ELIMINATE IN THE SECOND SENTENCE “THINKS IT WOULD BE BEST”.

 

The intent is to ask the Court to go to the private sector for an RFP.

 

VOTE: (amendment) YES. ROBERTS, WYTHE, NOVAK, HEIMBUCH

 

Motion carried.

 

VOTE: (main motion as amended) YES. HEIMBUCH, ROBERTS, WYTHE, NOVAK

 

Motion carried.

 

B.         Memorandum 07-159, from City Clerk, Re: Request for Executive Session     pursuant to AS §44.62.310(C)(2), Subjects that Tend To Prejudice the Reputation             and       Character of any Person, Provided the Person may Request a Public Discussion.      (Councilmember Shadle’s Failure to Appear for Ethics Hearing) Conduct immediately   upon approval.                                                                                                         

 

The agenda was previously amended to continue Memorandum 07-159 to November 26, 2007.

 

RESOLUTIONS

 

A.        Resolution 07-105, Of the City Council of Homer, Alaska Declaring that the Old Library         Building and Property is No Longer Needed for a Public Purpose, Authorizing its Sale by     Sealed Bid Pursuant to the Provisions of HCC 18.12.010 through 18.12.050, and          Authorizing the City Manager to Execute the Appropriate Documents. City Manager.          Recommend adoption.                                                                         

 

WYTHE/NOVAK – MOVED FOR THE ADOPTION OF RESOLUTION 07-105 BY READING OF TITLE ONLY.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

COMMENTS OF THE AUDIENCE

 

Frank Griswold, city resident, does not understand how the Mayor can arbitrarily allow some speakers exceed time limits and deny additional time to others. Council should vote rather than the Mayor making the call. The Mayor should pass the gavel when relaying his personal views. On page 219 of the packet Councilmember Wythe’s comments at a City Hall – Town Square Review Committee addressing building a new City Hall are recorded. It says “she would be more than happy to help with financial talk to the public”. Councilmember Wythe’s bias in favor of building a new City Hall is obvious as is her intent to persuade the public to vote for funding the project. Lobbying for or against a ballot proposal by a City official is illegal, even when disguised as “informational only”. The frequently asked question circulated by the City prior to the last election were carefully prepared to influence the voters, not just to inform them. Mr. Griswold stated the deceitful and illegal practice should be stopped before it costs the taxpayers $34,000 for another ethics hearing.     

 

Leonard Wells, city resident, asked if the City owns free and clear the land that the library resides upon. A number of years ago he heard the land was donated with a condition it be used as a fire department or library. If it wasn’t used as that it reverted back to the landowner. He questioned if there was a clear title to the property and if a bidder could get title insurance that would reimburse them for costs should it revert somehow.

 

COMMENTS OF THE CITY ATTORNEY

 

City Attorney Tans was not present.

 

COMMENTS OF THE CITY CLERK

 

City Clerk Johnson thanked KBBI for the resources provided to the community with meeting coverage, the Clerk’s calendar and last minute meeting announcements to keep the City compliant. She wished everyone a Happy Thanksgiving.

 

COMMENTS OF THE CITY MANAGER

 

City Manager Wrede commented on the Comprehensive Plan, assuring the community that there will be more opportunity for comments. The plan will go to the Planning Commission and then City Council with sufficient time for comments.

 

COMMENTS OF THE MAYOR

 

Mayor Hornaday attended the Veteran’s Day service at the Islands and Ocean Visitor Center. It was very moving. He has been gone so long it is good to get back. Mayor Hornaday played his ukulele and sang “It’s Good to be Back Home Again.”

 

 

 

 

COMMENTS OF THE CITY COUNCIL

 

Mayor Pro Tempore Novak stated at the next meeting options will be discussed to restructure the water/sewer rates. The discussion will be held at the Committee of the Whole at 4:00 p.m. on November 26th.

 

Councilmember Wythe welcomed Mayor Hornaday back home. She apologized in regard to Mr. Griswold’s comment of her being a deceitful person. She stated she would not picture herself in that way. In reference to Mr. Griswold’s comments of the Town Hall, City Center construction, she is a member of the City Hall – Town Square Review Committee. The committee discussed ways that members could provide assistance. She volunteered to educate the community, as she feels that is important. It is very important the citizens of the community come out and vote; it is important that they have both the good and bad facts. In providing information to the community we do that. We have not gone out promoting something in opposition to the actual facts. We are voicing the facts both ways. She feels it is very important and is an ardent supporter as people deserve a decent place to work. She doesn’t see where it is deceitful or harmful to the community to know what is going on in the community. Her objective in the last three years has been to make sure people know where the money comes from and where it goes.

 

Councilmember Heimbuch stated he takes great exception to people calling Councilmember Wythe deceitful. He loves arguing with the woman, but that goes beyond the pail. We are not second-class citizens and do not put up with a tremendous amount of ignorance from any person of the public without responding. Hats off to Mrs. Wythe; they will not call her deceitful on my lunch.

 

Councilmember Roberts stated went to Fairbanks to represent the City of Homer at the AML conference. One topic that came up again and again was energy. She welcomed Mayor Hornaday home and thanked him for going to Seattle and our Sister City.

 

There being no further business to come before the Council the meeting was adjourned at 10:01 p.m. by Mayor James C. Hornaday. The next Regular Meeting is scheduled for Monday, November 26, 2007 at 7 p.m., a Special Meeting is scheduled for 5:30 p.m. and Committee of the Whole at 4 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: _____________________