Session 06-23 a Regular Meeting of the Homer City Council was called to order on October 9, 2006 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, McLAY, NOVAK, SHADLE (teleconference), STARK, WYTHE

 

                        STAFF:                                   CITY CLERK CALHOUN

                                                                        DEPUTY CITY CLERK JOHNSON

                                                                        PUBLIC WORKS DIRECTOR MEYER as ACTING CITY MANAGER


Councilmember Shadle has requested participation telephonically.

Council met as a Committee of the Whole from 4:03 to 5:03 p.m. regarding the 2007 Budget, the CIP and Legislative Request Priority lists and the Regular Meeting Agenda.

 

The CIP list was defined to the following items with the first five in order of priority.

 

Water Treatment Plant Upgrade/Alternative Water Source, Deep Water Dock Expansion, Homer City Hall/Town Center Infrastructure, Kachemak Bay College Expansion, Senior Access Trail, Restrooms (to include downtown, Spit and Spit Trail), East Boat Harbor, Ohlson Mt. Ski Area Improvements, Bridge Creek Watershed Land Acquisition, Pioneer Dock Fenders, Pratt Museum Fuel Tank Replacement, Fairview Avenue Main to East End Road, Paving Freight Dock Road, Spit Trail Completion/Harbor Pathways, Homer Intersection Improvements, Main Street Reconstruction, and Senior Housing.

 

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

 

AGENDA APPROVAL

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

 

The agenda was approved by consensus of the City Council with the following changes:

TO Public Comments: Written public comments on Matters on the Agenda. TO Announcements Presentation Borough Reports Commission Reports. Substitute Canvass Board Report, TO Public Hearings . Additional Property Owner Comments for the Public Hearing on Bayview Gardens Sewer Improvements AND Ordinance 06-50(S) Underground Utilities. TO Ordinances   Ordinance Reference Sheet for Ordinance 06-60, Substitute Ordinance 06-60(S) and Additional Property Owner Comments for the Public Hearing on Bayview Gardens Sewer Improvements. TO Resolutions   Substitute Resolution 06-145(S) with substitute Certificate of Election.

 

 

 

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

 

Public Comments upon any matter on the agenda except Public Hearing Items:  Bayview Gardens Sewer Improvements, Ordinance 06-50(S), Ordinance 06-53, Ordinance 06-54(A), Ordinance 06-55 and Ordinance 06-56.

 

Mayor Hornaday welcomed visitor Charlie Davidson, Kodiak Councilmember and Senate candidate.

 

Frank Griswold, city resident, spoke on the Mayor’s recusal from the ethics hearing for Councilmember Stark and the public’s right to know the nature of his conflict of interest.  He cited HCC 1.12.040 requiring the Mayor Pro Tempore to rule on a conflict of interest and HCC 1.12.030 that the conflict must be declared to the body as a whole.  He commented Ordinance 06-58 is not ethical as the petition was insufficient per HCC 21.70.010(a)(1).  A legal opinion issued in 1993 on the status of the CUP was not in the packet and the 1983 CUP was granted with opposition.  With no public need or justification and lack of support in the Comprehensive Plan, it is a spot zone. 

 

Findlay Abbott has a lot on Ocean Drive Loop.  He commented on Ordinance 06-60 as too little, too late.  The seawall was a fiasco of a public project with an unknown contractor.  He described the serious problems in the seawall construction and the damage.  He recommended buying large armour rock with the $500,000 settlement from Phukan and creating a coastal trail.  

 

Mr. Findlay’s response to Councilmember Heimbuch’s question if the City is making the best out of a bad situation was that it was to make a plastic seawall.  Mr. Findlay said the City has made all the decisions and put up all the money and if the wall breaches it is the City that takes the loss.

 

Rick Wise, Pastor of Glacier View Baptist Church, spoke in favor of the Kallman Road Right of Way stating DOT does not need the ROW or want Kallman Road as a north/south corridor.  Other subdivisions have other access routes, there are no serious objections from the public and 75% of the property owners along the road do not want Kallman Road developed.

 

Donna Rae Faulkner, resident along Ocean Drive Loop seawall, represents neighbors Doug Alaniva, Brad and Paula Dickey, Larry Goode, Paul and Marilyn Hueper, John and Charlene Jump, Don McNamara, Chris and Angie Newby, Norman Schumacher, and John and Janet Szajkowski.  All property owners strongly oppose Ordinance 06-53.  They have been working with Public Works Director Meyer and City Manager Wrede in an attempt to solve the issues in another way.

 

Don McNamara, city resident and husband of Donna Rae Faulkner, commented on the Ocean Drive Loop seawall stating it is not the same as was promised.  The neighbors met yesterday and will meet again on October 30th with city management.  He opposes Ordinance 06-53 citing too many unanswered questions on a special services district, the first of its kind for the City.

 

 

RECONSIDERATION

 

Mayor Hornaday declared a conflict of interest, stating as a lawyer and judge he avoided conflicts and the impropriety of a conflict.  As an attorney he represented two of the property owners providing them legal advice on the subject land.

 

Mayor Pro Tempore McLay questioned the Mayor and his ability to make a proper judgment due to his prior representation and advice to the property owners.  Mayor Hornaday said although that was some time in the past it would be troubling.  Mayor Pro Tempore McLay ruled a continued conflict of interest stating the conflict was upheld in the past and changing it at this point would be wrong.   

 

A.        Memorandum 06-163, from City Clerk, Re: Shadle Notice of Reconsideration of Ordinance 06-51(S)(A).

 

There being no motion to reconsider, Ordinance 06-51(S)(A) stands as adopted September 25, 2006.

 

Mayor Pro Tempore McLay called for a recess at 7:27 p.m. and Mayor Hornaday resumed the meeting at 7:30 p.m.


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 September 25, 2006 Special and Regular Meeting. City Clerk. Recommend approval.

 

B.         Ordinance 06-57, Of the City Council Recognizing the Revisor Authority Regarding Ordinance 06-31, to Renumber 5.38, “Bear Attraction Nuisances” to Chapter 5.40. Fiscal Note: N/A. City Clerk. Recommend Introduction and First Reading, conduct Public Hearing and Second Reading October 23, 2006.                                         

 

C.        Ordinance 06-58, Of the City Council of the City of Homer, Alaska, Amending the Homer City Zoning Map to Rezone Portions of the Rural Residential (RR) to General Commercial One (GCI). City Manager. Planning. Fiscal Note: Costs of mapping. Recommend  Introduction and First Reading, conduct Public Hearing October 23, 2006, schedule Second Reading for November 27, 2006.                                                                                                 

 

Memorandum 06-164, through City Manager, as backup.


D.        Resolution 06-140, Of the City Council of Homer, Alaska Authorizing Application too the Southern Region EMS Council for Code Blue Funding to Acquire EMS Equipment and Acknowledging that a Local Cash Match of 20% (estimated to be about $2,340.00) is Required if the Grant is Approved. City Manager. HVFD. Recommend adoption.

                                                                                                                                                             

Memorandum 06-170, through City Manager as backup.

 

E.         Resolution 06-142, Of the City Council of Homer, Alaska Supporting an Application to the Alaska Recreational Trail Grant Program to Construct the W. R. Bell Trail, and Acknowledging that a Required Local match of Up to $12,500 (Cash or In Kind) is Proposed. City Manager. Recommend adoption.                                                    

 

F.         Resolution 06-144, Of the City Council Establishing the City Hall Cowles Council Chambers as the Central Location for all Regular Meetings of the Council and Advisory Bodies. City Clerk. Heimbuch. Recommend adoption.   

 

G.        Memorandum 06-165, from City Clerk, Re: Vacation of East Hill Right of Way Adjacent to Lot 21 Dedicated by Bayview Gardens Addition No. 3 and Vacation of a Portion of Larkspur Court (Plat HM 80-74); within Section 16, Township 6 South, Range 13 West, Seward Meridian, Alaska. Note: A 20 foot road easement will be retained.  Recommend non veto.                                                                                                                             

 

H.        Memorandum 06-166, from City Clerk, Re: Vacation of a Portion of Kallman Road, a 34-Foot Right-of-Way Dedicated by A.A. Mattox Subdivision 1958 Addition (Plat  HM 3746), and Shown on A.A. Mattox Subdivision No. 8 (Plat HM 95-50); within Section 17, Township 6 South, Range 13 West, Seward Meridian, Alaska. Note: A 20- Foot Pedestrian Easement is Proposed to be Granted Along the East Boundary of Lots 1-3 and the North Boundary of Lot 1 A.A. Mattox Subdivision (Plat HM 3746) to Connect East End Road to the Remaining Kallman Road. Recommend non veto.

 

I.          Memorandum 06-167, from Mayor, Re: Reappointment of Mimi Tolva and Appointment of Gail Ann Weaver to the Parks and Recreation Commission. Recommend confirmation.                                                           

 

J.          Memorandum 06-169, through Mayor Pro Tempore McLay. Re: Request to Conduct Special Meeting on October 23, 2006 at 5:30 p.m. Regarding Alleged Ethics Violation Against Doug Stark. Recommend approval.              


Memorandum 06-169 moved to New Business as Item A. at the request of Councilmember Wythe.

 

Mayor Hornaday called for a motion to approve the Consent Agenda as read.

 

WYTHE/NOVAK – SO MOVED, TO APPROVE THE CONSENT AGENDA AS READ.

 

There was no discussion.

 

VOTE:  YES.  NON OBJECTION.  UNANIMOUS CONSENT.

 

Motion carried.

 

VISITORS

 

None.

 

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A.        Canvass Board Report.

 

Melissa Jacobsen, Deputy City Clerk gave the canvass board report.

B.         Memorandum 06-171, 06-172, 06-173 and 06-175, from Port and Harbor Commission, Reports: Safety Concerns at the Base of the Homer Spit, Mariner Park, Pedestrian Crossing Base of Spit and CIP.

 

C.        Memorandum 06-174, from Parks and Recreation Commission, Report: Mariner Park.

 

Debbie Poore was in the audience and stated she did not attend the last Parks and Recreation Commission meeting and did not have a report.

 

PUBLIC HEARING(S)

 

A.        Bayview Gardens Sewer Improvements - The Homer City Council has declared in Resolution 06-129, adopted September 11, 2006 their intent to "Evaluate the Need and Support for a Sewer Improvement Local Improvement District (LID) for Bayview Gardens.

 

Hardin Terrell, resident of Bayview Gardens subdivision opposes LID improvements, stating they are unconstitutional.  A year ago Council voted unanimously one parcel, one vote for LID’s.  Now Council is asked to consider assessed valuation and it would be discriminatory in voting rights.

 

Joan Terrell, resident of Bayview Gardens, opposes the LID stating they have had their system for twenty years and it has never been pumped.  They do not want nor need it and cannot afford it; gold curbs will be next. 

 

Garret Sitenga favors sewer and pavement for Fireweed Avenue for safety issues.  The road incline is impassable at times of the year putting residents in jeopardy of emergency service access.  The steep incline on Fireweed Avenue cannot be dropped without providing sewer and paving to the road.  Mr. Sitenga stated his son has a fragile medical situation and without emergency medical or fire services the city has problems.  The only solution to the un-perkable nature of the hillside is a sewer system in place.  Increasing populations in the area will overload the area.  He lives in a sub-par situation with large potholes yet pays premium taxes.

 

Councilmember Heimbuch asked what type of problem the city will have.  Mr. Sitenga answered he will do whatever he has to do for recognition for compensation because the city owes it to provide access to all areas, including emergency access.  His son was two years old when they moved there and they have lived there five years.

 

Alfonso Lamendola, Fireweed Avenue resident, has proposed sewer and water LID’s for the neighborhood.  It is an unusual situation with an extremely steep hill with the city providing unlimited water sources to the area, creating more use.  Septic systems used for twenty years need to be reviewed.  Mr. Lamendola has water rights to a spring in one of his lots and people down the hill are drinking from it.  It is contaminated from septic systems.  The value of homes has risen sharply and costs for a new system would be minimal.  Owners of single lots may live Outside and do not want the improvements, but those with .5M investments do.  Someone is going to get severely hurt or killed on Fireweed Avenue in the winter.

 

Richard Krieger, city resident, said the LID process has occurred in 2002, 2003 and 2005 and failed each time.  Three separate times the majority of people decided they do not want LID services.  It violates City statues by imposing improvements residents do not want to pay for.  He asked the Council to consider the decision, how it will reverberate for the City of Homer and put the issue to bed. 

 

Bill Lovett lives in Bayview Gardens subdivision and submitted a letter for the packet.  He expressed opposition to the LID, stating it was rejected four times.  He is dismayed at the approach of an LID as it will allow minority property owners the right to force changes due to the value of their property. If the LID passes the precedent being set will open up the city to challenges by homeowners in other areas that may not get their way.  Majority owners will no longer have protection from developers and land owners because their property values are more.  There are 13 against the LID and zero for it.  The steep hill from Fireweed Avenue to East Hill is dangerous.  He questioned why sewer installation will address the road problem.

 

Mary Edminster and her husband, residents of Bayview Garden, oppose the LID for the safety of the children in the neighborhood.  Paving the roads will make cars go faster down the street.  Two years ago in the winter there was fire in the neighborhood in the middle of the night.  Fire trucks were able to get up both Fireweed Avenue and Forget-Me-Not Lane.  The Sitenga’s area of road is not driveable in the wintertime due to poor preparation and lack of Typar before rock was placed.  Keeping up with the present cost of living is hard enough and she cannot afford to pay for connection and increased monthly payments.  The neighbor who works for the city should be exempt from the vote as it is a conflict.  The LID should be put to rest.

 

The public hearing was closed.

 

The City Council will take action on the LID on October 23, 2006.

 

B.         Ordinance 06-50(S), Of the City Council of Homer, Alaska Amending Homer City Code Section 22.10.055, Underground Utilities, and Adding a New Chapter 14.50, Utility Distribution Facilities; Relating to Placement of Utility Distribution Lines. Heimbuch. City Attorney. Fiscal Note: N/A. (First Reading Postponed on August 28, to September 25, 2006 for the submittal of a Substitute, Public Hearing for October 9, 2006, Second Reading for October 23, 2006.)

 

Rick Eckert, city resident and Manager of Business Development and Regulatory Affairs for Homer Electric Association appeared.  Mr. Eckert commented: proposed HCC 15.50.010(b) defines telecommunications as equipment that receives or radiates signals through the air.  HCC 14.50.020 refers to underground cables.  He is not aware of cables that transmit through the air.  The new ordinance will not block service to areas of the city that would be inaccessible if not through the air.  It would allow for review and approval and that is HEA’s concern.  The concern is existing equipment in place not in accordance with Section 22.  Someone needs to pay for equipment to go underground.  HEA with its line extension policy charges 40% of the price of extending electrical equipment.  In unusual events 100% of costs are borne by the user.  Ordinance 06-50(S) will cause residents to bore under a road at a substantial cost.

 

Council asked Mr. Eckert to put information together and provide it for the next packet. When asked how far the City is with RCA (Regulatory Commission of Alaska) on this, Mr. Eckert answered HEA’s systemwide rules and regulations do not require them to be applied evenly throughout the system.  With Ordinance 06-50(S) HEA will look at an expansion of power and access if overhead equipment will be cheaper than underground.  HEA will ask the RCA to change the regulations to charge 100% of the cost to the consumer.  There is nothing political with RCA, they regulate reasonable costs and the application of rules. 

 

The public hearing was closed.


C.        Ordinance 06-53, Of the Homer City Council Amending Homer City Code by Creating a New Title 15, "Special Service Districts", Creating the Ocean Drive Loop Special Service District, a Differential Property Tax Zone to Levy Property Taxes to Fund Special Services Provided in the District, and a Citizen Advisory Council. Bluff Erosion Control, Special Services District, Property Tax to Pay for Maintenance. City Manager (First Reading September 25, 2006,

Public Hearing and Second Reading October 9, 2006.)

Memorandum 06-168, from City Manager as backup.

 

John Szajkowski, resident of the Ocean Drive Loop Erosion Control District, hopes he does not become a member of the Special Service District.  A package offer was discussed with City Manager Walt Wrede in the hope that it will terminate litigation between the City and property owners.  City Manager Wrede indicated he will ask the Council to postpone and table further action on Ordinance 06-53 until after another meeting on October 30th.  Mr. Szajkowski asked that it be postponed as well.

 

Donna Rae Faulkner, city resident, echoed John Szajkowski’s comments, and thanked City Manager Wrede and Public Works Director Meyer.  The group is close to a comprehensive settlement to address all concerns.

 

Don McNamara, city resident, would like to put the ordinance on hold.

 

The public hearing was closed.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 06-53 for second and final reading. 

 

WYTHE/MCLAY – SO MOVED, FOR THE ADOPTION OF ORDINANCE 06-53 FOR SECOND AND FINAL READING.

 

MCLAY/HEIMBUCH – MOVED TO POSTPONE UNTIL THE FIRST MEETING IN NOVEMBER.

 

Councilmember Stark said nobody on the current Council had anything to do with creating the seawall.  Everyone is doing the best they can with the $1M project that will either be swept into the sea or maintained at some cost.  Councilmember Novak supports postponing to November and is hopeful for a settlement agreement.  

 

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

 

Motion carried.

 

D.        Ordinance 06-54(A) , Of the City Council of Homer, Alaska Authorizing the Transfer of $40,000.00 from the General Fund - Fund Balance to General Fund Depreciation Reserve Accounts and Authorizing the City Manager to Execute any and all Appropriate Documents and Actions. Wythe. Fiscal Note: Transferred from 100.100.5990 General Fund - Fund Balance Services $40,000.00, To 156.396.4992 Leased Property Depreciation Reserves $40,000.00, 156.390.4992 Library Depreciation Reserves $5,000.00 and 156.370.4992 Animal Shelter Depreciation Reserves $ 5,000.00. (First Reading September 25, 2006, Public Hearing and Second Reading October 9, 2006.)

 

There was no public testimony.  The public hearing was closed.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 06-54(A) by reading of title only for second and final reading.

 

WYTHE/HEIMBUCH – SO MOVED, FOR THE ADOPTION OF ORDINANCE 06-54(A) BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.

 

The figures were discussed - $30,000 is transferred to the Leased Property Depreciation Reserves and $5,000 each to the Library and Animal Shelter to equal $40,000.

 

VOTE:  YES.  NON OBJECTION.  UNANIMOUS CONSENT.

 

Motion carried.

 

E.         Ordinance 06-55, Of the City Council of Homer, Alaska Establishing a New PERS Fund in which to Deposit and Retain Funds that have been Budgeted and Appropriated by the Council for Annual PERS Payment Increases that are Ultimately not needed due to State Reimbursement or other State Appropriations Intended to Assist Municipalities with Annual PERS Payments and the Unfunded Liability. Wythe. Heimbuch. (First Reading September 25, 2006, Public Hearing and Second Reading October 9, 2006.)

 

There was no public testimony.  The public hearing was closed.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 06-55 by reading of title only for second and final reading.

 

WYTHE/NOVAK – SO MOVED, FOR THE ADOPTION OF ORDINANCE 06-55 BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.

 

The Council discussed the need to budget for the PERS debt presuming that the State will provide no funds.  The new PERS fund will for both future and past PERS payments will guarantee the funds are set aside.  Concern of meeting the budget was discussed, and Councilmember Wythe pointed out the voters supported a sales tax increase to fund money for PERS, the library and other costs of maintaining the city.  The PERS amount will continue to escalate and it is important to have funds in reserve once the amount becomes due.  Councilmember McLay concurred the PERS debt needs to be paid and if money is used to balance the budget the PERS debt will still be before us.  Councilmember Stark said effective July 2007 the City will pay 36% of each employee’s salary for PERS.  He has confidence the Legislature will step up to the plate and appropriate a substantial amount of money to the citizens of the State of Alaska.        

 

VOTE:  YES.  NON OBJECTION.  UNANIMOUS CONSENT.

 

Motion carried.

 

F.         Ordinance 06-56, Of the City Council Authorizing the Transfer of $7,500.00 from General Fund - Fund Balance to the Manley/Desperate Marine Building Demolition Project and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Transfer from Account 100.114.5990 General Fund - Fund Balance $ 7,500.00 to Expenditure Account 156.396.4992 Manley/Desperate Building Demolition $ 7,500.00. (First Reading September 25, 2006, Public Hearing and Second Reading October 9, 2006.)

 

There was no public testimony.  The public hearing was closed.   

 

NOVAK/WYTHE – MOVED TO ADOPT ORDINANCE 06-56 BY READING OF TITLE ONLY.

 

There was no discussion.

 

VOTE:  YES.  NON OBJECTION.  UNANIMOUS CONSENT.

 

Motion carried.

 

 

ORDINANCE(S)

A.        Ordinance 06-59, Previously Ordinance 05-42 , Of the City Council of Homer, Alaska, Amending Homer City Code Section 9.04.046, Real and Personal Property Tax--Exemption, to Provide for the First $20,000.00 of Assessed Valuation on Owner-Occupied Permanent Residential Property to be Exempt from City Real Property Tax. Fiscal Note: 809 Properties applied for a Borough Exemption in 2005. 809 multiplied by $20,000.00 equals $16,180,000.00 in exempt property. $16,180,000.00 multiplied by the City's mill rate - 4.5 mills equals $72,810.00 in reduced City property tax revenue. (First Reading August 8, 2005, Public Hearing August 22, 2005, Second Reading postponed on September 26, 2005, to December 12, 1005, and deferred to October 9, 2006, scheduled for reintroduction due to quarterly interval, Public Hearing October 23, 2006, Second Reading November 27, 2006.)

 

Mayor Hornaday called for a motion for the adoption of Ordinance 06-59 for introduction and first reading of title only.

 

WYTHE/NOVAK – SO MOVED, FOR THE ADOPTION OF ORDINANCE 06-59 FOR INTRODUCTION AND FIRST READING OF TITLE ONLY.

 

Councilmember Heimbuch would like a property tax exemption for residents that live in Homer year round.  His interpretation of the City Attorney’s opinion is that there may be a differential tax rate for people based on residency.  It would be the same net result as the proposal in Resolution 06-122(A); a rebate to those that qualify for Permanent Fund Dividend by residency.  There can be a differential tax, but not one that is incongruous with the differential tax of the Borough.  If the Borough had that tax preference we could use it; if not, we could not use a tax preference that was not the same.  The Borough’s tax exemption has been upheld in court.   

 

VOTE:  YES.  NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.         If Reconsideration Passes: Ordinance 06-51(S)(A) , Of the City Council of the City of Homer, Alaska Amending Homer City Code Title 21 (Zoning) to Create a new Gateway Business District known as Chapter 21.55 and Amending the Zoning Map to Rezone Portions of Rural Residential (RR) and Portions of Urban Residential (UR) Zoning Districts Fronting on the Sterling Highway West Hill Area to the South West Boundary of the Central Business District (CBD). City Manager. Planning. Fiscal Note: N/A. (First Reading August 28, 2006, Public Hearing September 11, 2006, Second Reading September 25, 2006, Notice of Reconsideration issued September 27, 2006, if Reconsideration Passes, Main motion as amended is back before the Council.)

 

There being no action on the reconsideration, Ordinance 06-51(S)(A) stands as adopted on September 25, 2006.

C.        Ordinance 06-60(S), Of the Homer City Council Amending the FY 2006 Operating Budget by Appropriating $20,000.00 to the Public Works Reserves Account for the Purpose of Addressing Short Term and Immediate Maintenance and Repairs on the Ocean Drive Loop Erosion Control Project (Seawall); and Stipulating that a Proportionate Share of these Funds shall be Repaid by the Benefiting Property Owners in the Assessment District Through Special Service Area Property Taxes or Other Payment Method Approved by the City Council. City Manager. Fiscal Note: $20,000 to be repaid in part by property owners. (First Reading October 9, 2006, Public Hearing and Second Reading October 23, 2006.)

STARK/MCLAY – MOVED TO INTRODUCE FOR FIRST READING ORDINANCE 06-60(S) BY READING OF TITLE.

 

There was no discussion.

 

VOTE:  YES.  NON OBJECTION.  UNANIMOUS CONSENT. 

 

Motion carried.

 

Mayor Hornaday called for a recess at 8:33 p.m. and resumed the meeting at 8:37 p.m.


CITY MANAGER'S REPORT

 

A.        City Manager’s Report (Updates/Followup: 1. Budget Notes: City Manager and Finance Director unable to attend. Asks for Council’s indulgence and to take another look at the budget schedule. Budget to you before the next meeting October 23. 2. Water Treatment Plant Upgrade: The engineering consultants the City hired to advise us on upgrading the water treatment plant to increase capacity are recommending that it would be most cost effective to build a new treatment plant rather than refurbish and upgrade the existing one. Good idea for Public Works Director and perhaps the consulting engineer to brief the Council. 3. Oil and Gas Lease Sale/Cook Inlet Area-wide.  Does Council have an interest in commenting during the public comment period? 4. Training: Likely taught by City Attorney Gordon Tans and would focus upon things like the Open Meetings Act, conflict of interest, ex-parte contact, ethics in public office, and other topics to be determined. Is the Council interested? 5. Comprehensive Plan: Three excellent proposals received. Review Committee met Monday October 2, 2006. Award scheduled for October 23, 2006.  5. Old School: Moving forward on getting an estimate on what it might cost to refurbish the old school and make it into a new City Hall. Public Works Director is talking to an architect about what it would cost to review all existing reports we have on this building, and update them based upon new building codes and regulations. Architect will be asked to provide a price for the work that will need to be done. 6. Old Library: New, updated appraisal requested. Taking steps to clean out the building and prepare it for sale.  Will come back and consult with the Council about whether Council wants to sell the building and all of the land that goes with it, or break the land into two pieces and sell the vacant portion separately. Much of the library property is undeveloped and there is significant frontage on Main Street. 7. Swatzell Street possible LID and Neighborhood Meeting: Neighborhood meeting scheduled for Monday October 30, 2006 6 to 7 p.m. City Hall Cowles Council Chambers. 8. Pebble Mine Trip: Request for the City to provide the power point presentation and any informational materials the Council received the tour. The Cook Inlet Alliance requests that the City invite Northern Dynasty to Homer to provide the same information. Request for equal time to be provided to the opposition. other member of the public called to say that if the City does that, it should provide equal time to the opposition. I do not see a problem with any of these requests and they might go along way toward alleviating any lingering concerns about the appropriateness of this trip. A response would of course, require cooperation and a willingness to provide this info from Northern Dynasty, who have not yet been asked. Council direction? 9. Council Directives Update: a. Economic Development Commission awaiting responses from other Commissions. b. Planning Commission is working on the Gateway Overlay District Ordinance. c. Swatzell Street Water and Sewer and Possible Road Improvements neighborhood meeting scheduled. d. Planning Department rearranging some work priorities for quick action on the Steep Slope Ordinance. The Plan -  department to draft the ordinance and present to the Commission. $10,000 in an existing grant for engineering consulting services. October Employee Anniversaries: John Browning HPD 28 years, Elaine Grabowski HVFD 23 years, Terry Overton PWD 22 years, Richard Klopp PWD 4 years, Dean Thoemke HVFD 1 year.  Letter from Dorene M. Lorenz, Seward City Council re: Jesse Lee Home. State of Alaska/Oil and Gas Lease Sales/Cook Inlet Areawide 2007 Report. Governor Murkowski Report on PERS. Letter to Swatzell Street Property Owners regarding Neighborhood Meeting for possible water, sewer and road LID. Letter from Dennis Gann, Cook Inlet Alliance re: Pebble Mine Tour.)

 

Public Works Director Meyer, as Acting City Manager answered Council questions on the water treatment plant upgrades.  Currently the DRR (Design Recommendation Reports) are being reviewed.  Rather than renovating the existing 30-year old plant it is advantageous to build a new plant to produce water for a long period of time, meet the growing demands and stringent water quality regulations.  He suggested the Council hear supporting information for a new water treatment plant at a worksession.  The Mayor and some Councilmembers expressed an interest in training offered by City Attorney Gordon Tans.  Councilmember Wythe commented on the possibly of an invitation to Northern Dynasty for a presentation at a Council worksession.  The public and Councilmembers that were not available for the tour could attend.  The Alliance could then hear the presentation as Dennis Gann requested.  Councilmember Stark asked about the placement of signs on pedestrian pathways on the newly paved streets.  Public Works Director Meyer said an updated appraisal on the old library will be completed and the property.  Water, sewer and road improvements in the Swatzell Street area will be discussed with property owners.

B.         Public Input on Question of the Week.

COMMITTEE REPORT

A.        Public Arts Committee (Meets October 19, 2006 at 11 a.m., Synopsis of August 17, 2006 and September 21, 2006.)

 

B.         Transportation Advisory Committee (Meets October 17, 2006 at 5:30 p.m.)

 

PENDING BUSINESS

NEW BUSINESS

 

J.          Memorandum 06-169 through Mayor Pro Tempore McLay. Re: Request to Conduct Special Meeting on October 23, 2006 at 5:30 p.m. Regarding Alleged Ethics Violation Against Doug Stark. Recommend approval.

 

In explanation of his removal from initial decisions on the alleged ethics violation against Mr. Stark, Mayor Hornaday said lawyers and judges have to avoid even the appearance of impropriety and conflict.  He represented Doug Stark on a legal matter that is now finished.  Although he has no idea how he will vote, if he were to vote in favor of Mr. Stark on the ethics issue it may appear he did so because he represented Mr. Stark.

 

Mayor Pro Tempore McLay said it is no different than the rest of city councilmembers dealing with Mr. Stark on a regular basis.  He ruled there is no conflict of interest.  Councilmember Wythe concurred and there were no objections from the rest of the body.

 

WYTHE/NOVAK – MOVED TO ACCEPT THE RECOMMENDATIONS OF MEMORANDUM 06-169.

 

WYTHE/HEIMBUCH – MOVED TO AMEND THE RECOMMENDATION THAT THERE BE A PUBLIC HEARING AT 5:30 P.M. ON OCTOBER 16TH .

 

Councilmember Wythe would like to resolve the issue with existing councilmembers, rather than new councilmembers.

 

Councilmember Stark said rather than a public hearing the session should consider how to deal with the issue.  There has been a substantial amount of public input in the last ten days.

 

Mayor Pro Tempore McLay’s intent of the memorandum was for the council to hold an executive session to determine if they wanted to go forward.  He had not considered a public meeting until after the executive session. 

 

By agreement of Councilmembers Wythe and Heimbuch the motion was restated with no objection from the Council:

 

MOVED TO AMEND THE RECOMMENDATION THAT THERE BE AN EXECUTIVE SESSION AT 5:30 P.M. ON OCTOBER 16TH.

 

City Clerk Calhoun suggested scheduling a special meeting with an executive session.  The special meeting will allow public comment and Councilmember Stark can opt for a public meeting or executive session to discuss the ethics matter.  Action can be taken at a special meeting.

 

The motion stood as restated by the Mayor:

 

MOVED TO AMEND THE RECOMMENDATION THAT THERE BE A SPECIAL MEETING AT 5:30 P.M. ON OCTOBER 16TH .

 

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

 

There was no additional discussion.

 

Motion carried.

 

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

 

There was no additional discussion.

 

Motion carried.

 

RESOLUTIONS

A.        Resolution 06-145(S), Of the City Council Certifying the Results of the City of Homer Regular City Election held October 3, 2006 to Elect One Mayor, Two Councilmembers and Decide Five Ballot Propositions. City Clerk.

 

NOVAK/WYTHE - MOVED FOR THE ADOPTION OF RESOLUTION 06-145(S) BY READING OF TITLE.

 

There was no discussion.

 

VOTE:  YES.  NON OBJECTION.  UNANIMOUS CONSENT.

 

Motion carried.


B.         Resolution 06-146 , Of the Homer City Council Repealing Resolution 06-122(A) Regarding the 2007 Property Tax Mil Rate. Wythe. Novak.

 

Mayor Hornaday called for a motion for the adoption of Resolution 06-146 by reading of title only.

 

WYTHE/NOVAK – SO MOVED, FOR THE ADOPTION OF RESOLUTION 06-146 BY READING OF TITLE ONLY.

 

Councilmember Heimbuch said the philosophy behind the property tax deduction was upheld in the City Attorney’s letter.  He hopes Council considers residency as a primary driver of a property tax reduction.

 

VOTE:  MCLAY, WYTHE, STARK, NOVAK

 

NO:  SHADLE, HEIMBUCH

 

Motion carried.

 

C.        Resolution 06-147, Of the City Council of Homer, Alaska Repealing Resolution 06-122(A) and Setting the Property Tax Rate (Mill Rate) for Fiscal Year 2007 at 4.00 Mills. Shadle. McLay.

 

Mayor Hornaday called for a motion for the adoption of Resolution 06-147 by reading of title only.

 

WYTHE/SHADLE – SO MOVED, FOR THE ADOPTION OF RESOLUTION 06-147 BY READING OF TITLE ONLY.

 

WYTHE/MCLAY – MOVED TO POSTPONE TO THE NOVEMBER MEETING TO ALLOW ADEQUATE CONSIDERATION FOR THE BUDGET.

 

There was no discussion.

 

VOTE:  YES.  NON OBJECTION.  UNANIMOUS CONSENT.

 

Motion carried.

 

COMMENTS OF THE AUDIENCE

 

Frank Griswold, city resident, commented on four councilmember’s tour of the Pebble Mine as a violation of the Open Meetings Act.  Those in violation should be disqualified from future participation in matters involving Pebble Mine and the violation may need to be included in the ethics hearing.  He referenced the Mayor’s remarks on avoiding impropriety as a judge and lawyer stating that mayors and city councilmembers must also avoid the appearance of impropriety.  HCC 1.12 should include personal friendships as conflicts of interest

 

Dennis Gann, city resident and member of Cook Inlet Alliance said he had written a letter to the Mayor and City Manager requesting a copy of the PowerPoint presentation given on the Pebble Mine tour. 

 

Mayor Hornaday said it is his understanding Mr. George Matz of Cook Inlet Alliance asked for a meeting with Northern Dynasty rather than literature that was presented at the tour.  He referenced the City Manager’s report of the request from Mr. Matz for a meeting with Northern Dynasty.   

 

COMMENTS OF THE CITY ATTORNEY

 

City Attorney Tans was not present.

 

COMMENTS OF THE CITY CLERK

 

City Clerk Calhoun had no comments.

City Clerk Johnson said it was a busy week with elections.

 

 

COMMENTS OF THE CITY MANAGER

 

Acting City Manager Meyer said the Borough is considering declaring a disaster in certain parts of the Peninsula due to high winds and high tides.  Public Works surveyed the Spit and did not identify any major damage to infrastructure.  He would be interested in hearing from the public, as the declaration of a disaster may provide funding for public infrastructure and low interest loans for private property owners who may have suffered damage from “the disaster”.  The City will continue to keep an eye on any damage resulting from the storms and provide the Borough with input.  

 

COMMENTS OF THE MAYOR

 

Mayor Hornaday had no comments.

 

COMMENTS OF THE CITY COUNCIL

 

Councilmember McLay said it has been a good meeting and good sitting with most of the Council.  He asked the Council to pay attention to the restroom at the end of the Spit in the Fish Dock area.  Better than a year ago he talked to the City Manager about the restroom and talked to Mr. Meyer this evening.  There are promises and then something happens to delay the project, resulting in rising costs.  Last fall we were promised it would be completed and ready for operation by the first of May.  Now the project has been delayed to next spring.  The Council passes ordinances and resolutions and approves something to be done and assumes it is accomplished.  The Council needs to pay attention that what has been worked for and approved becomes finished in real life.

 

Councilmember Heimbuch said it has been a lot of fun learning from Councilmember McLay and thanked him for his service.

 

Councilmember Shadle echoed Councilmember Heimbuch’s remarks, adding that Mr. McLay is his favorite City Councilmember to listen to as he has a lot of common sense.

 

Councilmember Stark thanked Councilmember McLay for his service, remarking that it has been interesting.  His help in bringing the Alaska Municipal League to Homer for their summer conference was invaluable.  Councilmember Shadle, Val on crutches [1]and Sandy’s (Mrs. Stark) face beat up, and his own injuries[2] helped in the near unanimous decision to bring the summer conference to Homer.  Councilmember Stark reinforced Mr. McLay’s comments on the Fish Dock restroom, stating he has been working on it for a long time too.  The restroom needs a key for the door; just not everyone has a key.  Councilmember Stark apologized to the Council, the Clerk’s office for the extra work, and the citizens of Homer for his inadvertent slip in putting his title after his name at the bottom of the letter.

  

Councilmember Novak thanked Councilmember McLay for his service and good job.  Councils change every year with two new people up for election.  It is an evolving thing and the change that keeps the Council growing to provide fresh energy and ideas.  In the long run Homer will become a better place and the Council should look forward to the future.

  

Councilmember Wythe thanked Councilmember McLay for his service and the interesting things he has brought to the table.  On the joint meeting for Pebble Mine, 30 minutes could be provided for each the Alliance and Pebble.  Councilmember Wythe’s husband John sends thanks to the Council for the wonderful excavator.  He said it was amazing how much work you can get done when you have equipment that does the job.

 

Mayor Hornaday thanked Councilmember McLay for his service and good sense of humor.  He can’t help but remark that Val’s last remark was about restrooms. 

 

ADJOURNMENT

 

There being no further business to come before the Council, Mayor Hornaday adjourned the meeting at 9:17 p.m.  A Special Meeting is scheduled for Monday, October 16, 2006 at 7:00 p.m.  The next Regular Meeting is scheduled for Monday, October 23, 2006 at 7:00 p.m. and the next Committee of the whole is scheduled for Monday, October 23, 2006 at 4:00 p.m.  All meetings are to be held in the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 



_________________________________

JO JOHNSON, DEPUTY CITY CLERK

 

 

Approved: _________________________


[1] Councilmember McLay suffered injuries in a motorcycle accident.

[2] Councilmember Stark and his wife Sandy were injured in a car accident while in route to the AML Conference in Juneau.