Session 09-24 a Regular Meeting of the Homer City Council was called to order on November 23, 2009 at 7:04 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:               HOGAN, HOWARD, LEWIS, ROBERTS,                                                                                                 WYTHE, ZAK (telephonic)

 

   STAFF:                               CITY MANAGER WREDE

                                                                        CITY CLERK JOHNSON

                                                                        CITY ATTORNEY KLINKNER

                                                                        CITY PLANNER ABBOUD

                                                                        FINANCE DIRECTOR HARVILLE

                                                                        LIBRARY DIRECTOR HILL

                                                                        PERSONNEL DIRECTOR HOBBS

                                                                        PORT AND HARBOR DIRECTOR HAWKINS

                                                                        PUBLIC WORKS DIRECTOR MEYER

 

Councilmember Zak has requested telephonic participation.

 

Mayor Hornaday called for a motion to allow Councilmember Zak to participate telephonically.

 

ROBERTS/HOGAN – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

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

 

Council met as a Committee of the Whole from 4:02 p.m. to 5:28 p.m. to discuss 2010 Budget, hear a presentation from Kevin Smith, Alaska Municipal League, Joint Insurance Association, Conflict of Interest, Re: Memorandum 09-153 from Attorney Suozzo and Regular Meeting Agenda items. A Worksession was conducted from 5:41 p.m. to 6:56 p.m. to discuss Ordinance 09-40 & 09-40(S), An Ordinance of the City Council of Homer, Alaska Adopting the 2008 Homer Comprehensive Plan and Recommending Adoption by the Kenai Peninsula Borough. City Manager. (Full Review) and Ordinance 09-52, An Ordinance of the City Council of Homer, Alaska, Appropriating Funds for the Calendar Year 2010 for the General Fund, the Water-Sewer Fund, the Port/Harbor Fund, Debt Funds, and Capital Reserve Funds (Conditional Expenditures). City Manager. (2010 Budget)

 

 

 

 

AGENDA APPROVAL

 

(Addition of items to or removing items from the agenda will be by unanimous consent of the Council. HCC 1.24.040.)

The agenda was amended to add the following changes:

CONSENT AGENDA - Reply from Kenai Peninsula Borough Clerk on El Pescador Grill Liquor License Renewal; PUBLIC HEARINGS - Pertaining to Ordinance 09-40 & 09-40(S), An Ordinance of the Homer City Council Adopting the 2008 Homer Comprehensive Plan and Recommending Adoption by the Kenai Peninsula Borough; Legal Opinion by Attorney Klinkner on Delegation of Zoning and Planning Powers from the Kenai Peninsula Borough to the City of Homer; Pertaining to Ordinance 09-52, An Ordinance of the City Council of Homer, Alaska, Appropriating Funds for the Calendar Year 2010 for the General Fund, the Water-Sewer Fund, the Port/Harbor Fund, Debt Funds, and Capital Reserve Funds (Conditional Expenditures): Legal Opinion by Attorney Klinkner on Councilmember Wythe’s Conflict of Interest; Ordinance 09-52, Legal Opinion by Attorney Klinkner on Binding Effect of Homer Permanent Fund Ordinance; Mayor Hornaday’s Budget Amendment for Adding Positions; Pratt Museum Agreement with the City of Homer (1967); Pratt Museum 2009 Budget; Vehicle Fleet Energy Use and Replacement Considerations, by Deerstone Consulting; ORDINANCES - Ordinance 09-59(S), An Ordinance of the Homer City Council Amending the Official Road Maintenance Map of the City of Homer by Adding 3,155 Linear Feet of Road Improvements to Highland Drive, Uminski Court, Craftsman Road, or .60 .26 Miles of Rural Road and .34 Miles of Urban Road; Memorandum 09-155 from Public Works as backup; Ordinance 09-63(S), An Emergency Ordinance of the City Council of Homer, Alaska, Appropriating $27,000 from the General Fund Reserves to Make Emergency Repairs to the Ocean Drive Loop Seawall.   

 

WYTHE/ROBERTS - MOTION THAT NEW BUSINESS TO BE HEARD RIGHT AFTER COMMENTS OF THE AUDIENCE. ITEM B MEMORANDUM 09-154 TO BE HEARD BEFORE ITEM A MEMORANDUM 09-147.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Mayor Hornaday called for a motion to approve the agenda as amended.

 

WYTHE/LEWIS – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

 

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

 

Ray Kranich, city resident, commented on Ordinance 09-61 and Memorandum 09-151. His brother and he were asked to sign snow storage and maintenance easements for the east side of Hopkins Way. One condition in the easement was that the City would pass a resolution changing the City’s road maintenance map. In the resolution the City would assume future repair and reconstruction of Hopkins Way. That is not in Ordinance 09-61 and without it, their maintenance agreement would not be valid. Also in the easement is that all like property owners would sign like easements. One property owner would not sign an easement; that would invalidate the easement. With the easement invalid there will be no small storage easement. That would bring the combined ROW and easement down to 40 ft. on part, 30 ft. for half. In the criteria for maintenance item 2 states under no circumstances will Borough maintenance be provided if the dedicated ROW is less than 50 ft. The combined length of Jakes Little Fireweed and Hopkins Way is less than 50 ft. which is less than the criteria. The ROW should be 60 ft., not 50 ft. His brother and he have been in favor of the road being improved through the LID (Local Improvement District) process to bring the road up to standards. They are willing to dedicate 15 ft. on each side. This is a bandaid for a road serving 17 lots instead of 7 with only eight inches of gravel. The maintenance is being done privately. The only portion of road with 18” of gravel is the portion dug out from the center to repair frost boils. The rest of the road has 8” of gravel with no fabric.

 

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 20, 2009 Special Meeting and October 26, 2009 Regular Meeting. City Clerk. Recommend adoption.              

                                                                                                                                   

B.        Memorandum 09-143, from Deputy City Clerk, Re: Liquor License Renewal for El         Pescador Grill. Recommend adoption.                                                           

 

C.        Memorandum 09-144, from Mayor, Re: Appointment of Gretchen Druhot to the             Advisory Planning Commission, Tina Day to the Economic Development Advisory      Commission, Mark Hottmann to the Port and Harbor Advisory Commission, Carol             Harding and Michele Miller to the Public Arts Committee, and Heather Schade to the Library Advisory Board as Their Non Voting Student Member. Recommend adoption.

 

Mayor Hornaday called for a motion for the approval of the recommendations of the consent agenda as read.                                                                                                                             

 

HOWARD/LEWIS - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

VISITORS

 

None scheduled.

 

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH             REPORT/COMMISSION REPORTS

 

A.        Borough Report

 

B.        Commissions/Board Reports:

 

1.         Library Advisory Board

 

Eileen Faulkner, Library Advisory Board Chair, provided an update and comparison of library statistics from 2005 to 2008. Attendance, checkouts, reference questions, story hour participants, and computer usage numbers have increased significantly. She asked that Council listen to the community and allow for the library to remain open on Mondays.

 

2.         Homer Advisory Planning Commission

 

3.         Economic Development Advisory Commission

 

Dean Ravin, Vice Chair of the Economic Development Advisory Commission, reported the biggest challenge for the commission has been in maintaining a quorum. They are welcoming two new commissioners and will soon be ready to pass the Lease Policy on City owned property on to the Port and Harbor Advisory Commission.

 

4.         Parks and Recreation Advisory Commission

 

Ruth Dickerson, Parks and Recreation Advisory Commissioner, reported the commission agrees the use of parks funds may be used to keep Community Schools running. She asked for interested people to serve on the commission.

 

5.         Port and Harbor Advisory Commission

 

C.        Prince William Sound Regional Citizen’s Advisory Council Report            

 

 

PUBLIC HEARING(S)

 

A.        Ordinance 09-40, An Ordinance of the Homer City Council Adopting the 2008 Homer Comprehensive Plan and Recommending Adoption by the Kenai Peninsula Borough. City Manager. Introduction September 14, 2009, Public Hearings October 12 & 26, November 23, 2009, Worksession November 9, 2009 and Second Reading November 23, 2009.                                                                                                                        

 

            Ordinance 09-40(S), An Ordinance of the Homer City Council Adopting the 2008 Homer Comprehensive Plan and Recommending Adoption by the Kenai Peninsula Borough. City Manager.                                                                                 

 

Mayor Hornaday opened the public hearing.

 

Nina Faust, Homer resident, commented the Comp Plan should reflect Homer’s vision to become a more sustainable community with renewable energy. As one of Alaska’s most progressive and visionary communities, the Comp Plan should complement the Climate Action Plan.

 

Oceana Wills, Homer resident, supports the Comp Plan with the exception of goal #8. With tidal and solar power in Kachemak Bay, Homer is a perfect place to plant seeds for renewable energy.  

 

Jason Baird, Fritz Creek resident, advocated for keeping Homer sustainable. Renewable resource development is the future. He asked that goal #8 be stricken from Chapter 9.

 

Hailey Smith, city resident, commented that Alaska has warmed more than twice the rate of the rest of the United States. Climate change impacts for Alaska renewable energy are needed. Solar, wind, and geo thermal energy promotes the welfare of the environment for future generations.

 

Tux Seims, city resident, said for the sake of the future we should be dealing with things more carefully. He doesn’t want to tell his kids he didn’t help in climate change measures.

 

Leonard Wells, city resident, referenced goal #7 stating that oil and mineral gas exploration should be left in. Those types of non renewable energies provide jobs for the City of Homer. The City is proposing to limit wind power; what other types of renewable energy will the City strike down? He urged Council to decide what types of businesses will support jobs and facilities that provide revenue to the City that can be used at the library, police, and for more hospitals.

 

Frank Griswold, city resident, referenced the City Attorney’s memorandum of adoption of the Comp Plan by ordinance per AS 29.25.010(a)(6). These provisions only apply to municipalities that have the authority to adopt, modify, or repeal their Comp Plan. The City does not have the authority, only the Kenai Peninsula Borough Assembly does. The previous amendments to the Comp Plan were adopted by resolution. Ask Attorney Klinkner what code provision gives the City the authority to prepare and submit a Comp Plan to the KPB Planning Commission and what specific provision of code allows a committee to prepare the Comp Plan.

 

Mayor Hornaday thanked the students for attending and offering their opinions and commented that we need renewable resource energy.

 

Michael Hawfield, Anchor Point resident, expressed pride in the young people attending and commenting on their views of the Comp Plan. They are well considered opinions on their parts. He urged Council to act favorably on the college’s lease and support the college for the social and economic life of the community.

 

Mayor Hornaday closed the public hearing.

 

Mayor Hornaday called for a motion to substitute Ordinance 09-40(S) for Ordinance 09-40.

 

WYTHE/LEWIS – SO MOVED.

 

WYTHE/ROBERTS - MOVED TO POSPTONE FINAL READING TO THE FIRST MEETING IN JANUARY.

 

ROBERTS/WYTHE – MOVED TO AMEND THAT THE PLANNING COMMISSION ADD THE AMENDMENTS AND BRING BACK A CLEAN COPY.

 

There was no discussion.

 

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

 

Motion carried.

 

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

 

Motion carried.

 

B.        Ordinance 09-52, An Ordinance of the City Council of Homer, Alaska, Appropriating Funds for the Calendar Year 2010 for the General Fund, the Water-Sewer Fund, the Port/Harbor Fund, Debt Funds, and Capital Reserve Funds (Conditional Expenditures). City Manager. Introduction October 26, 2009, Public Hearing November 23 and December 14, 2009 and Second Reading December 14, 2009.             

 

Mayor Hornaday opened the public hearing.

 

Elias Garvey, city resident, pleaded for Community Schools to continue. His own family is deeply involved in basketball. He reminded Council of the mission statement of Community Schools.  

 

Ben Harville, Homer resident, advocated for Community Schools that has something for everyone and offered some abstract suggestions for increasing sales tax and property tax revenues.

 

Cleo Webb, Homer resident and Friends of the Library, advocated for the library. She submitted a petition signed by 180 people to fund keeping the library open on Mondays.

 

Leonard Wells, city resident, supports the $250 per month contribution from employees for health insurance. People could opt out, and the City would not pay anything for those that opted out. The City needs to look at wage step reversals for the last year or two. In the Comp Plan the Boys and Girls Club and Community Services are listed as necessities to the City, yet the Council is looking at cutting them.  

Susan Phillips Cushing, city resident, read pertinent points of a letter from Mike Navarre, President of the Boys and Girls Club Board. The letter referenced a $15,000 challenge grant for the Club from BP and a request to the board for $5,000 to offset some of the utility expense.

 

Lexie Wrenn, city resident, thanked Council for anything they can work out with the Boys and Girls Club.

 

Erica Marley, city resident and Kachemak Bay Campus Advisory Boardmember, asked Council to support the lease for the West Campus facility. The college is on a limited fixed budget and cannot acquire funds from the State. The campus proposal for an increase in rates over the last year was made in respect for the City’s budget goals. She asked that it be finalized tonight.

 

Larry Garvey, city resident, urged support for Community Schools, which is a viable program for the community.

 

Michael Hawfield, Anchor Point resident and Vice Chair of the Library Advisory Board, asked that the part time position and hours of operation be retained for the library. The library is a needed resource for the community.

 

Chris Holderied, city resident, asked for continued funding for the Pratt Museum. With continued support from the City the museum can leverage grant funding. 

 

John Velsko, city resident, noted the 15,000 residents in the service area. He urged Council to step up and vote for a service area that would increase funding for city services.  

 

James Gustafson, city resident, advocated for Community Schools. It provides many different activities, enhances learning, and offers physical education.

 

Nell Gustafson, city resident, supports Community Schools. Her list of classes she and her family have utilized over the years through Community Schools is extensive.

 

Ginny Espenshade, city resident, supports amendments to restore Community Schools. She agrees on relocating Community Schools under parks and recreation. The City’s reserves are a rainy day account and could be used now. It would allow time for a transition and to come up with solutions.

 

Ray Kranich, city resident, commented we have just seen the front edge of the rainy day. He urged Council to fund everything they can and stay away from the reserves. The sales tax figures are just the start of it.

 

Mayor Hornaday closed the public hearing.

 

Mayor Hornaday called for a recess at 8:16 p.m. and reconvened the meeting at 8:30 p.m.

 

C.        Resolution 09-109, A Resolution of the City Council of Homer, Alaska, Maintaining the 2010 Port and Harbor of Homer Terminal Tariff No. 600 at the Same Rates as Established in 2009. City Clerk. (to follow Budget)                                              

 

Mayor Hornaday opened the public hearing.

 

There was no public testimony.

 

Mayor Hornaday closed the public hearing.

 

D.        Resolution 09-110, A Resolution of the City Council of Homer, Alaska, Maintaining the 2010 City of Homer Fee Schedule at the Same Rates as Established in 2009. (to follow Budget)

 

Mayor Hornaday opened the public hearing.

 

There was no public testimony.

 

Mayor Hornaday closed the public hearing.                                                                                      

 

E.         Ordinance 09-53, An Ordinance of the City Council of Homer, Alaska, Appropriating $15,000 from the Port and Harbor Reserves to Make Repairs at the Nick Dudiak Fishing Lagoon Handicapped Access Ramp. City Manager/Port and Harbor Director. Introduction October 26, 2009, Public Hearing and Second Reading November 23, 2009.

                                                                                                                                   

Mayor Hornaday opened the public hearing.

 

John Velsko, city resident and Port and Harbor Advisory Commissioner, commented the Port and Harbor enterprise fund supports itself and the Fishing Lagoon doesn’t generate money for the port. It is a bad precedent to start using reserves in the port fund as a slush fund. The money should have come out of the general fund.

 

Mayor Hornaday closed the public hearing.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 09-53 by reading of title only for second and final reading.

 

WYTHE/LEWIS – SO MOVED.

Discussion ensued on using funds from the enterprise fund as promoted by the Port and Harbor Director. People clean their fish at the lagoon, and although it generates activity, it does not generate revenue. Councilmember Hogan expressed opposition to taking funds from the reserves if they are not returned.

 

VOTE: YES. ROBERTS, WYTHE, ZAK, HOWARD, LEWIS

VOTE: NO. HOGAN

 

Motion carried.

 

F.         Ordinance 09-54, An Ordinance of the City Council of Homer, Alaska, Amending Homer City Code 1.24.040, By-Laws for Council Procedure, to Provide that Regular Council Meetings Begin at 6:00 p.m. Howard. Introduction October 26, 2009, Public Hearing and Second Reading November 23, 2009.         

 

Mayor Hornaday opened the public hearing.

 

There was no public testimony.

 

Mayor Hornaday closed the public hearing.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 09-54 by reading of title only for second and final reading.              

 

HOWARD/ROBERTS - SO MOVED.

 

Asked how the time change would affect the KBBI schedule, Aaron Selbig, KBBI news reporter, indicated he can’t speak for the station. The Alaska nightly news airing between 6:00 and 7:00 p.m. is a live feed. Council prefers a live feed for their meeting to allow listeners to come to the meeting to comment.

 

Councilmember Howard stated the goal was to make all meetings efficient without down time.

 

HOWARD/LEWIS – MOVED TO POSTPONE TO DECEMBER 14TH TO ALLOW STAFF TO WORK WITH KBBI ON SCHEDULING. 

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

G.        Ordinance 09-55, 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 (90% Forgiven Upon Purchase) in the Amount of $500,000 and Amending the FY 2009 Capital Budget by Appropriating $50,000 (10% Not Forgiven Portion) for the Purpose of Replacing Four Pressure Reducing Valve (PRV) Stations. City Manager/Public Works Director. Introduction October 26, 2009, Public Hearing and Second Reading November 23, 2009.

                                                                                                                                   

            Memorandum 09-139 from Public Works Director as backup.                     

 

            Ordinance 09-55(S), 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 (90% Forgiven Upon Purchase) in the Amount of $500,000 $200,000 and Amending the FY 2009 Capital Budget by Appropriating $50,000 $20,000 (10% Not Forgiven Portion) for the Purpose of Replacing Four One Pressure Reducing Valve (PRV) Stations on Mattox Street. City Manager/Public Works Director.         

 

Mayor Hornaday opened the public hearing.

 

There was no public testimony.

 

Mayor Hornaday closed the public hearing.

 

Mayor Hornaday called for a motion to substitute Ordinance 09-55(S) for Ordinance 09-55.

 

WYTHE/LEWIS - SO MOVED.

 

City Manager Wrede explained Ordinance 09-55 called for four PRV stations with turbines. There was not sufficient time to pull together the application for the turbines. The feasibility study showed the cost benefit ratio for the turbines was too low. Building new PRV stations was debatable if they were needed. Carey Meyer was working around the clock trying to get the applications together. For now it was decided to slow down and just go for one needed PRV station and not incur more debt.

 

Councilmember Wythe questioned the $200,000 for one station, while four could be built for $500,000.

 

Public Works Director Carey Meyer commented $200,000 may be more than is needed, but we won’t spend any more than is needed. He does not expect the improvements will cost more than $125,000, but did not want to have to come back for an additional fund request. Currently there are 22 PRV stations around town; the one on Lake Street has been there for 35 years. The original thought was to replace that PRV station, but it was realized there needs to be a station on Mattox Street. As water was installed on Mattox Street the cost of a PRV station was not included. The one PRV station will solve the water pressure problem on Mattox Street and allow for the Lakeside PRV station to be abandoned.  

 

WYTHE/HOWARD - MOVED TO STRIKE THE 4TH WHEREAS IN ITS ENTIRETY.

 

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

WYTHE/HOWARD – MOVED TO AMEND THE TITLE TO STRIKE “REPLACING” AND ADD “CONSTRUCTING”.

 

Brief discussion ensued on the proper verbiage of constructing or reconstructing the PRV stations. The name of the project DEC and EPA know is the term “replacement”.

 

WYTHE/HOWARD - MOVED FOR A FRIENDLY AMENDMENT FOR THE TITLE TO READ “FOR THE PURPOSE OF CONSTRUCTING ONE PRESSURE REDUCING VAULT STATION ON MATTOX STREET TO REPLACE THE PRV AT LAKESIDE” AND FOLLOW THROUGH ON THE WHEREAS.

 

Councilmember Hogan would prefer that future system expansions be included in the LID process.

 

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

 

Motion carried.

 

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

 

Motion carried.

 

H.        Ordinance 09-56, An Ordinance of the Homer City Council Accepting and Appropriating a Homeland Security Grant for Security Gates and Video Surveillance Equipment at the Deep Water Dock in the Amount of $107,252, Providing for 25% Local Match, and Authorizing the City Manager to Execute the Appropriate Documents. City Manager/Port and Harbor Director. Introduction October 26, 2009, Public Hearing and Second Reading November 23, 2009.                                                                       

 

Mayor Hornaday opened the public hearing.

 

Frank Griswold, city resident, commented the Deep Water Dock does not pose a threat to the homeland security. Whoever uses it should provide the security. The $26,800 would be better spent on Community Schools. Putting up a security system creates a target instead of alleviating one.

 

Leonard Wells, city resident, believes unless there is a requirement of Homeland Security for us to do this we should not spend our money.

 

Mayor Hornaday closed the public hearing.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 09-56 by reading of title only for second and final reading.

 

WYTHE/LEWIS – SO MOVED.

 

Councilmember Hogan questioned the $77,000 addition for a video surveillance system when the original plan was only for security gates. We need to start watching price tags.

 

Port and Harbor Director Hawkins explained the amount was originally $30,000 for security gates. Council instructed Administration to find a grant for the gate. The surveillance system comes in at $54,000 and the grant submitted was accepted by FEMA. The cameras were our idea; they are not a requirement. The FEMA grant is reimbursable. The gate for the dock is $90,000; it is a nice gate.

 

VOTE: YES. LEWIS, ROBERTS, WYTHE, HOWARD

VOTE: NO. ZAK, HOGAN

 

Motion carried.

 

I.          Ordinance 09-57(S), An Ordinance of the City Council of Homer, Alaska, Exempting Lots Directly Adjacent to the Fairview Water Main Extension Authorized by Ordinance 09-36(S) from Homer City Code 13.28.030(g) Until Transferred to a Different Owner and Providing for Related Matters. Wythe. Introduction October 26, 2009, Public Hearing and Second Reading November 23, 2009.

 

Mayor Hornaday opened the public hearing.                        

 

Leonard Wells, city resident, doesn’t agree putting off assessments until the transfer to another owner. It could be 10 years or more until a transfer.

 

Mayor Hornaday closed the public hearing.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 09-57(S) by reading of title only for second and final reading.

 

WYTHE/LEWIS – SO MOVED.

 

Councilmember Zak voiced objection.

 

VOTE: YES. LEWIS, ROBERTS, WYTHE, HOWARD

 

VOTE: NO. HOGAN, ZAK

 

Motion carried.

 

 

ORDINANCE(S)

 

A.        Ordinance 09-58, An Ordinance of the City Council of Homer, Alaska, Accepting and Appropriating an Alaska Department of Transportation (ADOT) Reimbursement of up to $7,168.00 for Commercial Vehicle Enforcement Inspections and Authorizing the City Manager to Execute the Appropriate Documents. City Manager/Police Chief. Recommended dates: Introduction November 23, 2009, Public Hearing and Second Reading December 14, 2009.                                                                        

 

            Memorandum 09-145 from Police Chief as backup. 

 

Mayor Hornaday called for a motion for the adoption of Ordinance 09-58 for introduction and first reading by reading of title only.  

 

ROBERTS/WYTHE - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.        Ordinance 09-59, An Ordinance of the Homer City Council Amending the Official Road Maintenance Map of the City of Homer by Adding 3,155 Linear Feet of Road Improvements to Highland Drive, Uminski Court, and Craftman Road, or .60 Miles of Rural Road. City Manager/Public Works. Recommended dates: Introduction November 23, 2009, Public Hearing and Second Reading December 14, 2009.         

 

            Memorandum 09-146 from Public Works as backup.                                   

 

            Ordinance 09-59(S), An Ordinance of the Homer City Council Amending the Official Road Maintenance Map of the City of Homer by Adding 3,155 Linear Feet of Road Improvements to Highland Drive, Uminski Court, Craftsman Road, or .60 .26 Miles of Rural Road and .34 Miles of Urban Road.                                                                           

 

            Memorandum 09-155 from Public Works as backup.

 

Mayor Hornaday called for a motion to substitute Ordinance 09-59(S) for Ordinance 09-59.                                

ROBERTS/LEWIS – 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 09-59(S) for introduction and first reading by reading of title only.

 

Public Works Director Meyer said the roads meet the grade standards.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

C.        Ordinance 09-60, An Ordinance of the City Council of Homer, Alaska, Amending the FY 2009 Operating Budget by Appropriating Funds in the Amount of $85,000.00 for Clean-up of the Fuel Spill at the Raw Water Pump Station. City Manager/Public Works. Recommended dates: Introduction November 23, 2009, Public Hearing and Second Reading December 14, 2009.                                                                            

 

            Memorandum 09-150 from Public Works as backup.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 09-60 for introduction and first reading by reading of title only.                          

 

WYTHE/ROBERTS - SO MOVED. 

 

Public Words Director Meyer stated Council is requested to amend the 2009 water budget to cover the cost. Councilmember Hogan asked if the money has already been spent. Public Works Director Meyer answered environmental scientists were employed to help with the initial work, then a local engineer was employed, and cleanup was done by local contractors. Asked by Councilmember Hogan why an insurance claim was not filed, Public Works Director Meyer answered the fuel storage facilities were not insured at the time of the spill. He is working to get all the City’s fuel storage insured.

 

City Manager Wrede commented the underground fuel tanks were all insured and they are being moved to above ground. The spill happened at the building and was not insured.

 

VOTE: YES. HOWARD, LEWIS, ROBERTS, WYTHE, ZAK

VOTE: NO. HOGAN

 

Motion carried.

 

D.        Ordinance 09-61, An Ordinance of the Homer City Council Amending the Official Road Maintenance Map of the City of Homer by Adding 900 Linear Feet of Road Improvements on Hopkins Way – Williams Place to 150 Feet Short of Mary Allen Avenue, or .17 Miles of Rural Road. City Manager/Public Works. Recommended dates: Introduction November 23, 2009, Public Hearing and Second Reading December 14, 2009.                                                                                                              

 

            Memorandum 09-151 from Public Works as backup.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 09-61 for introduction and first reading by reading of title only.                                                                                                  

 

Failed for lack of a motion.

 

E.         Ordinance 09-62, 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 (90% Forgiven Upon Purchase) in the Amount of $1,800,000 and Amending the FY 2009 Capital Budget by Appropriating $180,000 (10% Not Forgiven Portion) for the Purpose of the Sanitary Sewer Rehabilitation Project. City Manager/Public Works Director. Introduction November 23, 2009, Public Hearing and Second Reading December 14, 2009.                                       

 

Mayor Hornaday called for a motion for the adoption of Ordinance 09-62 for introduction and first reading by reading of title only.

 

ROBERTS/LEWIS - SO MOVED.

 

Councilmember Wythe asked what the impact would be with a low interest loan. City Manager Wrede answered the $180,000 loan would be $18,000 per year plus 1.5% interest. It would compute to $20,000 per year for ten years, the funds coming from the HAWSP fund.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

F.         Emergency Ordinance 09-63, An Emergency Ordinance of the City Council of   Homer, Alaska, Appropriating $27,000 from the General Fund Reserves to Make    Emergency Repairs to the Ocean Drive Loop Seawall. City Manager.          

 

            Emergency Ordinance 09-63(S), An Emergency Ordinance of the City Council of           Homer, Alaska, Appropriating $27,000 from the General Fund Reserves to Make    Emergency Repairs to the Ocean Drive Loop Seawall. City Manager.

 

Mayor Hornaday called for a motion to substitute Emergency Ordinance 09-63(S) for Emergency Ordinance 09-63.

 

WYTHE/HOWARD - SO MOVED.

 

Asked by Councilmember Lewis if the repairs were on the City’s portion of the seawall, City Manager Wrede answered that it was, but we are looking at it as all for one, one for all approach. There is no City money in the account as it was expended in January on another blowout section of the wall. Money collected by taxes cannot be released yet and the City spent contributions it has made in both 2008 and 2009. We would need to recuperate the proportionate share from the property owners. If Council decides the homeowners association is legitimate the funds could be released. Another option is to increase the mil rate.

Councilmember Roberts asked why the City is paying the bill for a wall that is owned by another group of people.  

 

City Manager Wrede answered the City is part owner of the wall and the damage is on the City’s section of the wall. The City already used taxpayer money to fix another portion of the wall. There is no City contribution for the seawall until 2010. Until the homeowners association is authorized to receive grants, their money cannot be expended. This is an effort to prevent further damage. There is scouring at the base with exposed plastic and a southwest wind storm could cause more damage.

 

Councilmember Hogan expressed concern approaching it as an emergency ordinance without public hearing.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Mayor Hornaday called for a motion for the adoption of Emergency Ordinance 09-63(S) by reading of title only.           

 

Failed for lack of a motion.

 

CITY MANAGER’S REPORT

 

A.        City Manager’s Report                                                                                  

 

Councilmember Roberts thanked the City Manager for the comprehensive report on what will be changed on next year’s budget. Councilmember Wythe expressed appreciation to the staff for their reports of how budget cuts would affect them.

           

B.        Bid Report                                                                                                     

 

C.        Question of the Week – City Council is working on the budget. What suggestions do you    have for them in balancing the budget with a substantial loss of revenue this year?

                                                                                                                                   

             If you were planning to start a new business in Homer, what type of business would it       be?     

                                                                                                           

COMMITTEE REPORT

           

A.        Public Arts Committee

 

B.        Transportation Advisory Committee

 

C.        Permanent Fund Committee

 

D.        Lease Committee

 

PENDING BUSINESS

 

A.        Resolution 09-116(A), A Resolution of the Homer City Council Amending the City Council's Operating Manual, General Agenda and Packet Distribution Information—Worksessions and General Agenda and Packet Distribution Information—Committee of the Whole, to Provide that the Council May Meet in a Worksessions, Special Meetings, and Executive Sessions Between 4:00 p.m. and Ending Not Later than 5:50 p.m. 4:50 p.m. Before a Regular Council Meeting, and that the Council May Meet as a Committee of the Whole Between 5:00 p.m. and 5:50 p.m. Before a Regular Council Meeting. Howard.

 

Motion on the floor from October 26th:  MOTION FOR THE ADOPTION OF RESOLUTION 09-116(A) (AS AMENDED) BY READING OF TITLE ONLY.

 

Councilmember Howard stated the purpose is tied to Ordinance 09-54. It is designed to allow executive sessions at 4:00 p.m. rather than interrupting the regular meetings or late in the evening. Special meetings start at 4:00 p.m. if needed, Committee of the Whole begins at 5:00 p.m., and Regular meetings begin at 6:00 p.m. The intent is to do work without being less fatigued.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

NEW BUSINESS

 

(Moved to be heard after public comments.)

 

RESOLUTIONS

 

A.        Resolution 09-118, A Resolution of the Homer City Council Adopting an Alternative Allocation Method for the FY 10 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. City Manager.

 

Mayor Hornaday called for a motion for the adoption of Resolution 09-118 by reading of title only.

                                                                                                                                   

WYTHE/LEWIS - SO MOVED.

 

The allocation is related to export tax revenues.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.        Resolution 09-119, A Resolution of the City Council of Homer, Alaska, Amending the    Homer Advisory Planning Commission Bylaws and the Policy And Procedures Manual.       City Manager/Planning.                                                                                 

 

            Memorandum 09-148 from City Planner as backup. 

                                   

Mayor Hornaday called for a motion for the adoption of Resolution 09-119 by reading of title only.

 

HOWARD/LEWIS - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

C.        Resolution 09-120, A Resolution of the City Council of Homer, Alaska, Awarding the Contract for the City Hall, Parks, and Cemeteries Maintenance 2010, 2011, and 2012 to the Firm of B & C Lawn Care of Anchor Point, Alaska, in the Amount of $23,629.43 and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk.

                                                                                                                                   

            Memorandum 09-149 from Public Works as backup.

 

Mayor Hornaday called for a motion for the adoption of Resolution 09-120 by reading of title only.                   

 

WYTHE/LEWIS - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

D.        Resolution 09-121, A Resolution of the City Council of Homer, Alaska, Urging the          Alaska Board of Fish to Hold its 2011 Meeting Within the Kenai Peninsula Borough.                       Mayor.

 

Mayor Hornaday called for a motion for the adoption of Resolution 09-121 by reading of title only.        

 

HOGAN/ROBERTS - SO MOVED.

 

Councilmember Hogan thanked the Mayor for bringing the resolution forward.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

E.         Resolution 09-122, A Resolution of the Homer City Council Establishing a Health            Benefits Task Force to Advise the City on Options for Employee Health Benefit Restructuring and to Explore the Possibility of Expanding the Scope of the Self        Insurance Fund Concept to    the Greater Community as an Economic Development   Tool. Hogan.  

 

Mayor Hornaday called for a motion for the adoption of Resolution 09-122 by reading of title only.                                                                                                                                                        

 

HOGAN/LEWIS - SO MOVED.

 

Councilmember Hogan defended the resolution as an economic development tool to get businesses to relocate to Homer. The City has a healthy self insurance plan and we can approach it as an enterprise fund for economic development.

 

Councilmember Wythe expressed serious concern about the City of Homer getting into health insurance benefits when alternate avenues might be better. The Grange may be looking at group health insurance for small businesses. If the Federal government is not able to make health insurance happen, the City of Homer is not. There would need to be a guarantee the individuals on the citizens group would be knowledgeable about health insurance benefits and the processes to compare plans. She will not be voting to support the resolution.

 

Councilmember Howard cannot support the resolution, as we have not given staff an opportunity to come up with ideas to address the issue. The City Manager has not had an opportunity to present ideas.

 

Councilmember Roberts will not support the resolution although Councilmember Hogan brought up some good points for future review of health benefits.

 

VOTE: YES. ZAK, HOGAN, LEWIS

 

VOTE: NO. ROBERTS, WYTHE, HOWARD

 

Mayor Hornaday broke the tie vote with a YES. He commented that we need to have some note of what is going on in Washington, D.C.

 

Motion carried.

 

F.         Resolution 09-123, A Resolution of the City Council of Homer, Alaska, Awarding the     Contract for Audio System Improvements in Cowles Council Chambers to the Firm of Steiner’s North Star Construction of Homer, Alaska, in the Amount of $19,607.00,           Subject to Negotiation of Satisfactory Contract Terms with the City Manager and   Authorizing the City   Manager to Execute the Appropriate Documents. City Clerk.

 

Mayor Hornaday called for a motion for the adoption of Resolution 09-123 by reading of title only.

 

LEWIS/ROBERTS – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

G.        Resolution 09-124, A Resolution of the Homer City Council Approving a Request for      Proposals to Provide Staffing Recruitment and Hiring Services. Hogan.

 

Mayor Hornaday called for a motion for the adoption of Resolution 09-124 by reading of title only.

 

HOGAN - SO MOVED.

 

Motion died for lack of a second.

 

COMMENTS OF THE AUDIENCE

 

Don McNamara, city resident, showed Council a picture of the seawall. Sixty feet of fiberglass was exposed, but it is all covered today. Six boards were replaced and two other spots are being worked on. The contractor used half the bolts he should have. They are cutting corners where they can.

 

Frank Griswold, city resident, shared a political fable of the Comp Plan with Council.

 

Leonard Wells, city resident, asked why Ordinance 09-63 was considered an emergency. There was no public hearing and second reading in which the public could comment. On the executive session there was no explanation as to the nature of what they were talking about. There is no right to go into executive session unless there is an adverse effect.

 

Donna Rae Faulkner, city resident, supports the City repairing the portion of the seawall that affects the City. It would have added more complication, but the City should be protecting its section. She looks forward to the worksessions on the seawall.

 

Walt Suomela, Homer resident, attended the economic development session and met with the campus director about securing housing for students. To make it cost effective he asked for a reduction in water/sewer rates and to restore his account to residential. He would like to work with the college to make housing affordable. He asked for clarification on what constitutes commercial property for city water/sewer rates.

 

NEW BUSINESS

 

A.        Memorandum 09-154, From City Clerk, Re: Request for Executive Session Pursuant to   AS § 44.62.310(C)(1 & 5), Matters, the Immediate Knowledge of Which Would Clearly            Have an Adverse Effect Upon the Finances of the Government Unit and Attorney/Client     Privilege. (West Campus Lease for the University)                                         

 

Mayor Hornaday noted prior excusals of Councilmembers Lewis and Zak due to ongoing conflicts of interest and ruled to excuse Councilmembers Lewis and Zak from participation. There was no objection from the Council.

 

Councilmember Zak ended his telephonic participation in the meeting at 9:37 p.m.[1]

 

Mayor Hornaday called for a motion for the approval of the recommendation of Memorandum 09-154.

 

ROBERTS/HOWARD - SO MOVED.

 

There was no discussion.

 

VOTE: YES. ROBERTS, WYTHE, HOWARD, HOGAN

 

Council recessed to Executive Session at 9:38 p.m. and reconvened at 10:10 p.m.

 

Mayor Pro Tempore Wythe reported Council met and provided direction to the City Manager and City Attorney for continued negotiations with the college.       

 

B.        Memorandum 09-147, From City Clerk, Re: Request for Executive Session Pursuant to   AS § 44.62.310(C)(3), Matters, Which by Law, Municipal Charter, or Ordinances           are Required to be Confidential. (Ethics Complaint Case No. 2009-02)           

 

Mayor Hornaday called for a motion for the approval of the recommendation of Memorandum 09-147.

 

ROBERTS/WYTHE - SO MOVED.

 

VOTE: YES. HOGAN, LEWIS, ROBERTS, WYTHE, HOWARD

 

There was no discussion.

 

Council recessed to Executive Session at 10:11 p.m. and reconvened at 10:20 p.m.

 

Mayor Pro Tempore Wythe reported Council instructed the Clerk to retain an attorney to advise the Council on Ethics Complaint 2009-02.

 

COMMENTS OF THE CITY ATTORNEY

 

City Attorney Klinkner had no comment.

 

COMMENTS OF THE CITY CLERK

 

City Clerk Johnson 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

 

Councilmembers Hogan, Howard, Lewis, Roberts, and Wythe had no comment.

 

ADJOURNMENT

 

There being no further business to come before the Council, Mayor Hornaday adjourned the meeting at 10:21 p.m. The next Regular Meeting is scheduled for Monday, December 14, 2009 at 7:00 p.m. The next Committee of the Whole is scheduled for Monday, December 14, 2009 at 4:00 p.m. A Special Meeting is scheduled for Monday, November 30 2009 at 5:30 p.m. All meetings scheduled to be held in the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 

_______________________________

JO JOHNSON, CMC, CITY CLERK

 

Approved: ______________________

 

 

 

 


[1] Participation in Executive Session is not permitted when a Councilmember is appearing by telephone.