Session 05-30, a Regular Meeting of the Homer City Council was called to order at 7:00 p.m. by
Mayor James C. Hornaday at the Homer City Hall Cowles Council Chambers located at 491 E
Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.
PRESENT: COUNCILMEMBERS: HEIMBUCH, McLAY, NOVAK, SHADLE, STARK, WYTHE.
STAFF: CITY CLERK CALHOUN
CITY MANAGER WREDE
CITY ATTORNEY TANS
Department Heads may be called upon from time to time to participate via teleconference.
Council met as a Committee of the Whole from 4:00 to 5:26 p.m. Agenda included Budget
Worksession 1 hour, 15 minutes of which is with Chamber of Commerce Re: Economic
Development Committee. Homer City Hall Cowles Council Chambers.
The Council conducted a Special Meeting from 5:32 to 6:45 p.m. for Board of Adjustment
Hearings and an Executive Session on a litigation matter. Homer City Hall Cowles Council
Chambers.
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 City Council approved the agenda by consensus with the following changes: Substitute
Ordinance 05-56(S) Consent Agenda Item D. Substitute Ordinance 05-58(S) Consent Agenda
Item F. Staff requests that Item J. of the Consent Agenda. Correct Fiscal Note on Resolution
05-105 is account 151-784. Resolution 05-108 be deleted since the proposal due date has been
extended to 2 p.m. Friday, October 28, 2005.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Public comments upon any matter on the agenda.
Frank Griswold, City resident, commented on the minutes from last meeting, October 10, he
questioned the accuracy on page 9, discussion on Ordinance 05-17, that the City Manager Wrede
advised the Council that the City Attorney, City Clerk and City Planner, beginning before he came
to the City have been keeping notes on some changes that need to be made to this section of the
code and that he has been doing the same since he came. Mr. Griswold stated that he did not
review the tape, but that his recollection is that the City Manager only mentioned that the City
Attorney was keeping notes and that he would like to have that checked and that a lot of other
people were joined in after the fact. He stated that one thing that was left out of this section was a
quote important enough to appear in the Homer News, City Manager says, quote, any time you
talk about limiting appeals it's a slippery slope. He commented that he heard that the Council was
going to provide tapes of Council and Planning Commission meetings at the library so that people
would not have to bother the Clerk's to review this stuff. He stated that it would be very helpful
to himself and others if they could check these things and not bother the Council if they were
wrong.
RECONSIDERATION
None scheduled.
CONSENT AGENDA
(Items listed below will be enacted by one motion. If separate discussion is desired on an item,
that item may be removed from the Consent Agenda and placed on the Regular Meeting Agenda
at the request of a Councilmember.)
Councilmember Novak requested that Ordinance 05-58(S) be pulled.
Mayor Hornaday placed this under Ordinances as Item A.
Councilmember Heimbuch requested that Resolution 05-106 be pulled.
Mayor Hornaday placed under Resolutions as Item A.
Councilmember Wythe requested that Memorandum 05-167 be pulled.
Mayor Hornaday placed this under New Business as Item A.
A. Homer City Council unapproved meeting minutes of October 10, 2005 Special and Regular
Meeting and October 17, 2005 Special Meeting. City Clerk. Recommend approval.
B. Ordinance 05-39, Of the Homer City Council Amending Homer City Code Title 13 by
Adding a New Chapter 13.50 Entitled "Underground Utilities Required". City Manager.
(Recommend Introduction and First Reading, schedule and conduct Public Hearing November
14, 2005 and Second Reading November 28, 2005.)
C. Ordinance 05-55, Of the City Council of the City of Homer, Alaska Reaffirming Acceptance
and Designated Use of Certain Tax-Foreclosed Property, Kenai Peninsula Borough Tax Parcel
ID Numbers 177-174-2200 AND 177-270-4900. City Clerk. Recommend Introduction and First
Reading, schedule and conduct Public Hearing and Second Reading November 14, 2005.
D. Approved to substitute under Agenda Approval. Ordinance 05-56(S), Of the City Council
of Homer, Alaska Accepting and Appropriating an Alaska Department of Environmental
Conservation (ADEC) Matching Grant in an Amount not to Exceed $336,000.00 for the
Preliminary Design of Water Treatment Plant Upgrades including an Evaluation of the Existing
Water Source, Authorizing and Appropriating the City Match of $144,000.00 from Homer
Accelerated Water and Sewer Program HAWSP) Funds and Authorizing the City Manager to
Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue and Expenditure
Account 215-865. City Match from the HAWSP. Recommend Introduction and First Reading,
schedule and conduct Public Hearing and Second Reading November 14,
E. Ordinance 05-57, Of the City Council of Homer, Alaska Accepting and Appropriating a
Reimbursement Grant from the ADOT/PF Alaska Highway Safety Office, in an Amount not to
Exceed $10,725.00, for Holiday DUI Enforcement and Authorizing the City Manager to Execute
the Appropriate Documents. City Manager. Fiscal Note: Revenue Account and Expenditure
Account No. 151-781, ADOT Alaska Highway Safety Office $10,725.00 Holiday DUI
Enforcement Grant to Police Small Grants. Recommend Introduction and First Reading, schedule
and conduct Public Hearing and Second Reading November 14, 2005.
Memorandum 05-162, from Chief of Police as backup.
F. Approved to substitute under Agenda Approval: Ordinance 05-58(S), Of the Homer City Council Amending Homer City Code Section 1.24.040, By-Laws for Council Procedure (m) Salaries of Elected Officials, to Raise the Expense Allowance and to Prohibit Membership in the Public Employees Retirement System (PERS) for Elected Officials. Stark.Recommend Introduction and First Reading, schedule and conduct Public Hearing and Second Reading November 14, 2005.
Placed under Ordinances as Item A.
G. Resolution 05-105, Of the City Council of Homer, Alaska Awarding the Contract for the
Digitalization of the Public Safety Radio System to PROCOMM Alaska of Anchorage, Alaska in
the amount of $24,294.00, Authorizing the Purchase of Ten Portable Radios from Revl
Communications of Anchorage, Alaska in the amount of $5,292.70 and Authorizing the City
Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Grant Fund
Expenditure: Account 151.784. Recommend adoption.
Memorandum 05-163, from Chief of Police as backup.
H. Resolution 05-106, Of the City Council of Homer, Alaska Awarding the Purchase of Library
Operating Software to SIRSI of Huntsville, Alabama in the Amount of $80,000.00 and
Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal
Note: Budgeted Fund Expenditure: Account 151.722, $80,000.00. Recommend adoption.
Memorandum 05-164, from Library Director as backup.
Placed under Resolutions as item A.
I. Resolution 05-107, Of the City Council of the City of Homer, Alaska, Authorizing the
Formation of the West Noview Road Reconstruction and Paving Assessment District and
Authorizing the City Manager to Proceed with the Preparation and Construction of the West
Noview Road Reconstruction and Paving Project. City Clerk. Fiscal Note: Property owner
assessments $135,491.60. Total estimated project cost is $387,384.00. Assessments are: $30 per
front foot for reconstruction and $17 per front foot for paving. This is a Homer Accelerated
Roads Program (HARP) Project. The remainder of the project cost will be paid by the HARP.
Recommend adoption.
J. Deleted under Agenda Approval: Resolution 05-108, Of the City Council of Homer, Alaska
Awarding the Contract for the Video Security System for the Homer Airport to the Firm of
________ of ___________, __________ in the Amount of $__________, and Authorizing the
City Manager to Execute the Appropriate Documents. City Clerk. Recommend adoption.
Memorandum 05-168, from Chief of Police as backup, To be submitted with bid results,
rescheduled to October 28th at 2 p.m. and for the November 14th Regular Meeting agenda.
K. Resolution 05-109, Of the City Council of Homer, Alaska Designating Signatories of City
Accounts and Superseding any Previous Resolution so Designating. To be effective October 31,
2005. City Clerk. Recommend adoption.
L. Memorandum 05-165, from Mayor, Re: Appointment of Michael Yourkowski to the Public
Arts Committee. Recommend confirmation.
M. Memorandum 05-166, from City Manager, Re: Indigency with Regard to Record Regulation
Revisions. Recommend approval.
N. Memorandum 05-167, from Novak, Re: Discussions Between the Homer Advisory Planning
Commission, Planning Staff and the Director of Public Works Concerning the Ability of the City
of Homer to Require Off Site Improvements as a Part of Preliminary Platting Actions and
Subdivision Development Agreements. Recommend approval.
Placed under New Business as Item A.
WYTHE/NOVAK - MOVED TO APPROVE THE CONSENT AGENDA AS READ AND AS
AMENDED.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VISITORS
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION
REPORTS
A. Mayor's Travel Report.
B. Recognition of Homer Chamber of Commerce.
C. Memorandum 05-169, from Planning Commission, Re: Request for Authority to Require
Off-Site Improvements as a Condition to Plat Approval.
Mayor Hornaday noted that he would be presenting the Chamber of Commerce with a plaque
tomorrow. There were no other comments.
PUBLIC HEARING(S)
A. Ordinance 05-53,Of the City Council of Homer, Alaska Adding the Town Center
Development Plan to the Homer Comprehensive Plan and Recommending Adoption by the Kenai
Peninsula Borough. City Council. (First Reading October 10, 2005, Public Hearing and Second
Reading October 24, 2005.)
Frank Griswold, City resident, testified that the Town Center Development Plan is still nothing
more than a fantasy, that a lot of hard work has gone into the plan, and that none of the property
owners involved are bound by any of these plans. He stated that six weeks ago, when there were
two charts on the wall, he heard Barb Seaman tell a bystander, during a break, that the final
development of Town Center would look nothing like either one of the two plans and that it is
just a concept. He commented that some of the provisions in the plan, once in the Comprehensive
Plan, will water down the existing zoning code for the Central Business District including height
restrictions and parking requirements. He noted that part of Town Center Plan is about having off
street parking, which, he said, he thinks would be a problem. He told the Council that what they
are going to wind up with is people looking at this in the Comprehensive Plan and then there is
going be a tendency to change the Code to incorporate this, which will end up with helter-skelter
development and people will take advantage of this. He asserted that there is no leverage on the
people, they will take what they want out of this and give nothing in return. He expressed his
thought that there are some good ideas in there, but that the City will come out on the short end
of the deal with the whole sale adoption of this into the Comprehensive Plan.
NOVAK/McLAY - MOVED TO ADOPT ORDINANCE 05-53 BY READING OF TITLE.
Council discussion regarding the Town Center Plan and adding it to the Comprehensive Plan:
Some agreed with Mr. Griswold's comments.
May be getting the cart before the horse, the cart may not follow too well.
Long way from starting development of the Town Center, there needs to be more planning for that section of town.
Concern about setting down some hard and fast rules at this time, depending on what is going to happen with the Town Center area surrounding property owners.
A certain level of frustration was expressed with so many things coming to the Council and not getting adopted.
This may well get changed, however, adopting it will provide for the plan and all of the guidelines that go with it.
This Town Center Plan does not force anyone to do anything.
The Plan is not set in stone.
This Plan provides a vision. Puts thoughts and plan into a visual perception and facilitates getting some sense of what the planner thought were important.
This provides developers a place to start.
Each individual property owner or developer is going to develop that property to their best economic purpose and intent.
All of the recommendations regarding zoning code amendments will have to go through the zoning code amendment process. Will be individually reviewed by the Planning Commission and the City Council.
This might also serve as a spark to encourage people to start looking forward to doing something there, to actually get that area developed and moving forward with it.
Concern with regard to restrictions that might stop vision.
Council knows that they can change these things.
Right now, people that have visions and come up with plans are up against the rules right from the start.
There are no Conditional Use Permits (CUPs) for plans.
City Manager Wrede responded to Council inquiry regarding the plan being incorporated in the
Comprehensive Plan, that it is a point worth debating. He continued: The Comprehensive Plan is
not enforceable, it is a guide and does not have the force of law. Generally, you try to implement
your Comprehensive Plan and that is done by amending the Code. He reminded the Council that
they passed a Resolution a couple of meetings ago approving the Town Center concept and that
included within that Resolution was a couple of initial steps: How to amend the Code. How to
change the parking plans in the Town Center. How to apply the Design Standards (Community
Design Standards) to the Town Center. There will be, initially, some conflicts between the
Comprehensive Plan and current Zoning Code. By adopting the Town Center Development Plan
into the Comprehensive Plan, Council sets in motion a process of bringing forward Ordinances to
implement that plan.
City Attorney Tans responded to City Manager inquiry that this was a good summary. The
Comprehensive Plan, any Comprehensive Plan including this one, is not self executing and has to
be implemented by Ordinances, Capital Improvement Plans and the force of persuasion.
Council comments ensued:
Concern about what happens to developers who put together plans and then find out from the Planning Commission that their plan does not conform.
Concern that the Council is putting designs on property that the City does not own.
The Town Center idea is great and wonderful for the community.
NOVAK/ - MOVED TO AMEND THE TITLE TO INSERT THE WORD CONCEPT. THE
TITLE WOULD READ: An Ordinance of the City Council of Homer, Alaska Adding the
Concept of the Town Center Development Plan to the Homer Comprehensive Plan and
Recommending Adoption by the Kenai Peninsula Borough
There was no second, motion died for lack of a second.
Mr. Novak stated that his point is to separate this out and to make it clear that what the Council is doing.
WYTHE/McLAY - MOVED TO TABLE ORDINANCE 05-53.
There is no discussion allowed on this motion.
VOTE: (table Ordinance 05-53) YES: HEIMBUCH, McLAY, WYTHE, SHADLE, STARK, NOVAK.
Motion carried.
B. Ordinance 05-54, Of the City Council of Homer, Alaska Appropriating $4,900.00 from
Homer's Alaska Municipal League/Joint Insurance Association, Inc. (AML/JIA) Safety Savings
Account for the Purchase of Two Automated External Defibrillators (AEDs) and Authorizing the
City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue
Account 151-717-4526 AML Safety Account and Expenditure Account 151-717-5901 for two
AEDs (Library and Public Works) $4,900.00.(First Reading October 10, 2005, Public Hearing
and Second Reading October 24, 2005.)
There was no public testimony.
WYTHE/McLAY - MOVED FOR THE ACCEPTANCE OF ORDINANCE 05-54 FOR
SECOND AND FINAL READING.
City Manager Wrede and Mike Mason (1)
responded to the Council that this places an AED at the Library and at Public Works.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
ORDINANCE(S)
A. Consent Agenda item F. Ordinance 05-58(S), Of the Homer City Council Amending Homer
City Code Section 1.24.040, By-Laws for Council Procedure (m) Salaries of Elected Officials, to
Raise the Expense Allowance and to Prohibit Membership in the Public Employees Retirement
System (PERS) for Elected Officials. Stark. Recommend Introduction and First Reading,
schedule and conduct Public Hearing and Second Reading November 14, 2005.
STARK/McLAY - MOVED THE INTRODUCTION OF ORDINANCE 05-58(S) BY
READING OF TITLE.
Council discussion:
The raise in the expense allowance from $50 to $75, which does not affect anyone around this table and does not go into effect until next October.
Prohibits participation in PERS for elected officials which would be $125 a month per individual for the rest of their lives.
There are only about half a dozen people that this affects, since Tier IV goes into next year, in January.
Have to be in the program at least 5 years and then at the age of 60 become eligible.
Pros and cons to receiving a stipend were discussed.
Councilmembers are elected officials. A significant contribution of time and energy is required. Accessibility of Elected Officials to the public is constant.
Some Councilmembers are not entitled to PERS or are not interested in PERS due to their own situation or decision.
Volunteer body, members probably spend 50 to 100 hours a month on Council business. Which is more important to pursue one's living or dedicate some time as a Councilmember.
Are Councilmembers not supposed to read their packets, study the issues, and be available to the public. Volunteering for $2 to $5 an hour job,is volunteering time when pay for a regular job is $20 per hour or better.
Is it unreasonable to expect some compensation?
Exception was taken with the dollar amounts presented with this Ordinance.
The Community expects commitment and dedication from Elected Officials.
There was assertion that there is much extrapolation going on that is very speculative.
There are a lot of numbers provided by staff
Councilmembers do not work for the City .
Not everyone signs up for PERS.
$5.25 is paid by the City for each Councilmember that is signed up for PERS.
Council works for the people. The people should not pay Councilmember pensions.
Councilmember Stark responded to some comments regarding his situation, that he is eligible for
PERS, has something like twelve years of PERS time in currently, that if he added his time with
the City that would be, currently with his three years on Council, a 25% increase and that based
on PERS calculations would be a 25% increase in his monthly pension. He noted that he will be a
Councilmember another two years, at a minimum, for a total of five years and about a 50%
increase in his pension. He stated that he does not think it right and therefore did not sign up for
it. It costs the City $5.01 a month. What happens is that the PERS takes into account what is
going to happen with the people that vest and the City basically pays the pension. It depends on
how long someone lives after age 60, as to whether the amount will be $30,000.00 or
$38,000.00. He voiced his opinion that this is a heck of a lot of money for a volunteer to get from
the City of Homer, that it is absolutely wrong and that if the citizens had anything to say about it,
it would be thrown out in a minute.
Discussion ensued.
HEIMBUCH - MOVED, ON LINE 38, TO RAISE THE NUMBER THAT CURRENTLY
SAYS $75.00 A MONTH TO $150.00 A MONTH, AND THE MAYOR AT $150.00 PER MONTH.
There was no second. Motion died for lack of a second.
Discussion ensued.
Councilmembers are honored to be a Councilmember for the City of Homer.
Citizens most likely do not want the Council to participate in PERS since they are not employees and are volunteers.
Council should not burden the tax payers with this.
WYTHE/HEIMBUCH - MOVED TO AMEND TO REMOVE THE AMENDMENT FOR
$75.00 A MONTH AND TO CHANGE THAT TO ZERO, RECEIVE NO EXPENSE
ALLOWANCE AND REMOVE THAT WHOLE CONCEPT.
There was some discussion pro and con on expense allowances. Previous comments were
reiterated. No one at the table knew about the compensation prior to running for office. Each
person has their own situation. The PERS program was commented upon.
Mayor Hornaday recognized Councilmember Wythe's informal call for the question.
VOTE: (primary amendment 1) YES: WYTHE, SHADLE, HEIMBUCH, McLAY.
NO: STARK, NOVAK.
Motion carried.
Amendment eliminates the expense allowance. HCC Section 1.24.024 m. Salaries of Elected
Officials is hereby revised to read:
The Council may fix by ordinance the salaries of elected officials.[ (The) Homer City Council
members shall receive an expense allowance of [$50] $75 per month, the Mayor $100 per
month, effective upon their election/reelection. ] The City shall not spend any funds for
elected officials membership in the Public Employees Retirement System. An elected
official may not receive any other compensation for service to the Municipality unless specifically
authorized to do so by ordinance. Per diem payments or reimbursements for expenses are not
compensation under this section.
It was clarified by the maker of the motion and with the ruling of the Mayor that the intent of the
motion was to eliminate the compensation amendment for the Council and the Mayor.
There were no further comments.
VOTE: (main amended motion) YES: STARK, HEIMBUCH, McLAY, WYTHE, SHADLE.
NO: NOVAK.
Motion carried.
CITY MANAGER'S REPORT
A. City Manager's Report (1. Trip Report - Meeting with Northern Dynasty CEO, engineers and
environmental coordinators on October 13 and 14 in Anchorage; 2. Underground Utilities; 3.
Harbor Expansion Project - Graduate level engineering students provide free engineering
services; 4. Ice Rink access project essentially complete; 5. Public Works Pole Barn completed;
6. Karen Hornaday Hillside City Park Larry Herndon donated heavy equipment use work to start
soon; 7. Library Project about 30% complete; 8. KESA Contract negotiations continue KESA
Board to consider on November 10, 2005; 9. Planning Worksession - Council and Planning
Commission; 10. Phase I Spit Parking Plan - ramp paving complete and the striping, signage and
fee collection devises to be installed in the spring; and 11. Coastal Erosion issues and City
Assistance; October Employee Anniversaries: John Browning HPD 27 years, Elaine Grabowski
HVFD 22 years, Terry Overton PWD 21 years, Richard Klopp PWD 3 years, Pete Coots Library
2 years and Bill Geragotelis HPD 1 year; Homer Foundation Report.)
There was much discussion.
Councilmember Heimbuch commented about the memoranda that he had sent to the
Councilmembers regarding meetings with the Planning Commission and Department including the
first meeting with the Mayor, City Manager, Head of Planning - Beth McKibben, Lane Chesley, a
Councilmember if the Mayor appoints one, Carey Meyer and perhaps the Clerk's Office. The
Second meeting would be a carefully scripted Worksession so that no one gets off topic, and so
that the group does not sit there, take no prisoners and burn people, and that there would be no
public comment at this time. The Public comment meeting is very important to provide the group
information on the procedural impediments for the resolution of land issues in this town. Is it a
perceived problem? Is it a real problem? If new Ordinances are needed? If Council needs to
redefine the scope and reach of the Commission? Or if there need to be some changes in
Planning? He emphasized that he does not want to hear about the vision of Homer. This is
supposed to be about the process and what the experiences have been with the different levels in
the City. What the disconnects are? Hopefully these things can be identified. It could be that
Council will find that this is the outcome of change and new times and that this is just something
that everyone goes through.
Councilmember Heimbuch and the City Manager are to forward a Resolution to the City Council
regarding a meeting, worksession and Public Hearing regarding Planning Commission and
Department matters.
Councilmember Stark noted that there has been no response from the utility entities regarding
input to Ordinance 05-39 and voiced his opinion if that response is not received by second
reading that the decision should not be made. He voiced his opinion that number 11, Coastal
Erosion issues, is kind of nebulous. He noted that when underground utilities go in all the rates
payers are going to receive increases to pay for those projects, about 2%.
Councilmember Wythe inquired about the construction of the Public Works Pole Barn and using
in house labor.
City Manager Wrede responded that they felt the only way to do this project and to stay within
budget was to do it in house, the budget being $100,000.00. Contractors were hired to drive the
big poles. He noted there was some regular, overtime and volunteer work by staff. He agreed
that there is a cost to this, some other things did not get done, and that other employees had to
take up the slack. He expressed appreciation to Public Works Department Staff for their continual
assistance on this and other projects including and specifically work at Karen Hornaday Hillside
Park. He stated that, including labor, the project stayed within budget.
Councilmember Wythe commented on item 11, Coastal Erosion, that she would rather see the
effected property owners come up with ah plan and then come to the City as opposed to the City
just stepping out there to assist.
City Manager Wrede advised that there are coastal property owners addressing their own erosion
problems that sometimes has down stream effects, causes neighboring property to be damaged
and that it sometimes changes where sediments go. A conclusion of the Vann Appeal situation is
that the City's Development Plan applies to development in the coastal area. The City does not
have good guidelines about what is appropriate development in the coastal area. It used to be that
the City relied on the Corp of Engineers for those kind of determinations, but now the City is
more involved in the permitting process for development along the coast line. Maybe there need
to be better guidelines to assist the City.
Discussion ensued.
COMMITTEE REPORT
A. Road Standards Committee
B. Public Arts Committee. Met on Monday, October 10, 2005.
C. Permanent Fund Committee. Next meeting scheduled for Tuesday, October 25, 2005 at 5:30
p.m. Conference Room.
There were no comments.
PENDING BUSINESS
NEW BUSINESS
A. Consent Agenda Item N. Memorandum 05-167, from Novak, Re: Discussions Between the
Homer Advisory Planning Commission, Planning Staff and the Director of Public Works
Concerning the Ability of the City of Homer to Require Off Site Improvements as a Part of
Preliminary Platting Actions and Subdivision Development Agreements. Recommend approval.
WYTHE/NOVAK - MOVED FOR THE ACCEPTANCE OF MEMORANDUM 05-167.
Council comments:
This is a little premature and there should be no action taken on this matter until after the meetings with the Planning Commission and the public input received.
Concern about giving more authority to a Commission that seems to be under a lot of ridicule at this point in time.
Council should either be the authority or the final authority, thus providing a little check and balance.
This issue came up through Public Works authority regarding requiring off site developments.
There are cases wherein an off site development request might be appropriate, however the authority to do so does not exist. The Code needs to be amended to grant this authority.
The Planning Commission asked for this amendment to the Code.
Some developers offer to do off site developments and some do not.
There was a need and this is the way to satisfy that need.
Concern that there are no restrictions. What limits the Commission regarding requiring the off site developments.
HCC 1.76 includes a section that addresses the Council's right to pre empt what the Commission does within twenty days of Commission action. The Council has not really looked at this. This is not in the subdivision requirements. This is Council's authority over the discretion and jurisdiction of the Commission. The verbiage may need to be reworked, however, does provide a check and balance.
The disconnect between the City and Planning Commission input on subdivisions has been mentioned by the Borough Planning Director. The Borough would prefer to give priority input to what the Commission has to say. With disconnect the decision gets abdicated to Borough Planning, when they really don't want it.
Some of the off site development suggests are probably no brainers.
The Ordinance can be as specific as the Council wants.
The City Attorney noted that the memo from him in the packet is old, yet, basically the principle
of law is the same. That in general terms the City probably can require off site improvements that
have to be related to the project. The way the Code is presently written this authority does not
exist, for example to improve an access road to a subdivision..
Council expressed concerns about providing this latitude in the Code, which has now made this a moving target. Example: A developer works hard, spends time and money, to meet all the requirements of the Code, to be in compliance and then is told, that a sidewalk or some other improvement is desired, which is totally random to the plan brought forward. And so because this sidewalk or other improvement is desired the current plan gets denied. It was noted that there have been two or three instances, recently, that kind of have this flavor.
This needs to wait until after the meetings with Planning.
This should not be piece mealed.
This is not the case wherein someone comes in with a final plan, these off site improvements would be involved in the preliminary plan for a subdivision.
There is a certain amount of ridicule going on with the Advisory Planning Commission and there is no reason to turn the temperature up. Council should keep the heat off a little bit and not do anything at this point.
Go with Councilmember Heimbuch's plan to have some group sessions and table some things.
Make some good things happen for people so that everyone can get along a little better.
VOTE: YES: NOVAK.
NO: McLAY, WYTHE, SHADLE. STARK, HEIMBUCH.
Motion carried.
RESOLUTIONS
A. Consent Agenda Item H. Resolution 05-106, Of the City Council of Homer, Alaska Awarding
the Purchase of Library Operating Software to SIRSI of Huntsville, Alabama in the Amount of
$80,000.00 and Authorizing the City Manager to Execute the Appropriate Documents. City
Manager. Fiscal Note: Budgeted Fund Expenditure: Account 151.722, $80,000.00. Recommend
adoption.
Memorandum 05-164, from Library Director as backup.
HEIMBUCH/McLAY - MOVED TO ADOPT RESOLUTION 05-106 BY READING OF TITLE.
City Manager Wrede provided a break down of the $80,000.00 in response to Councilmember Heimbuch's inquiry:
Basic software license id $35,000.00 and includes first year of technical support.
$13,500.00 for standard migration packages - this is for data conversion and tracking books and membership.
$24,000.00 on site and off site training of the program.
$4,000.00 for the server.
This is in the construction budget for the new library. The plan is to install it at the current library,
get it up and running, staff accustomed to the program to facilitate a smooth transfer and up and
running ability at the new library.
Councilmember Wythe inquired about the annual support fee after the first year.
City Manager Wrede did not know the answer and said that he would get that information to the Council.
COMMENTS OF THE AUDIENCE
Audience comments upon any matter.
Frank Griswold, City resident, stated that the Joint Worksession sounds like a real good idea and
that he does not like the sound that there was an intention to exclude the public or discourage
their attendance. He voiced his opinion that the public should be encouraged to attend and
provided a reasonable opportunity to speak as required by state law. He reported that the City of
Seward has a planning budget a fraction of Homer's and their City Attorney is coming down on
the 17th of November for a training session and discussion with their Planning Commission,
money well spent for them and us. He stated that they are also sending their Planning
Commissioners to Anchorage for on November 7 and 8 for the AML Planning Training Session.
Mr. Griswold stated that he had a conversation with the City Manager about a year ago and that
the Manager's impression was that Planning Commissioners were not receptive to the idea of
training sessions. Mr. Griswold advised that he has since then had discussions with individual
Planning Commissioners and that it seems to him that they are eager to attend these sessions. He
did not know if they could make this one and wondered if they even knew about it. He noted that
it is not often that the Municipal League holds these sessions in Anchorage, which is pretty
closed, and encouraged the Council to see if the Commissioners would be interested in going.
Larry Slone, City resident, commented on the Council's decision to not accept the PERS
compensation, that this was a good decision, that the Council are indeed volunteers and that he
had heard all of them say, at one time or anther, that it is an honor and a privilege to serve on the
City Council. An honor to represent these thousands of people out there in the City and a
privilege to be able to affect the direction that this City is going to take for themselves and for the
next generations. He voiced appreciation for the Council's time and effort and that they are not
getting a direct compensation for it. He told the Council to bear in mind that they are not the only
people doing this, that there are a few other folks that are putting in equal amount of time and
effort on behalf of the City and who are not getting compensated. He referred, in particular, to
Mr. Frank Griswold and that based on the record and on what he has seen that over the years he
is convinced that Mr. Griswold puts in as much time, if not more, than what the Council puts in
on behalf of the City. He commented on Mr. Griswold monitoring City activities, finding out
deficiencies in the process, and making sure all the City personnel tow the line. He told the
Council that had they voted themselves a raise that it would have been only appropriate to give
Mr. Griswold some compensation also and therefore, since they cannot do that they made the
wise and fair choice. He thanked the Council.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans had no comment.
COMMENTS OF THE CITY CLERK
City Clerk Calhoun had no comment.
COMMENTS OF THE CITY MANAGER
City Manager Wrede had no comment.
COMMENTS OF THE MAYOR
Mayor Hornaday wished Dean (2)Baugh well and thanked him for his services. He encouraged all
the Council, especially new members, to attend the AML Annual Conference being held in
Anchorage. He wished Councilmember Stark well in running for a position on the AML Board.
COMMENTS OF THE CITY COUNCIL
Councilmember McLay had no comment.
Councilmember Heimbuch commented on a memo that he sent to the Council regarding the Fred
Meyer project and voiced his hope that at the next meeting there would be a resolution before the
Council. He stated that he would like to see the City stand firmly behind this project, if Fred
Meyer does in fact move onto the CIRI land. He commented that this is a way to really bring the
Town Center concept together with a land owner that is fully committed and very interested in
the Town Center concept and a store that is also going to be playing by those rules. He voiced his
opinion that this is a way for the Council to put out a lot of brush fires on what Homer does with
land use, a way to bring a big time store project to fruition under the standards and guidelines that
a lot of people put a lot of time into to develop. He expressed his desire to make it known to the
Council's Commission and Planning Department that if CIRI and Fred Meyer announce their
plans the City does everything that can be done to ensure that this project is a priority for the City
as a way to put out fires instead of starting fires as has perhaps happened in the past.
Councilmember Shadle encouraged everyone to get out and vote tomorrow.
Councilmember Stark stated that this has been a very interesting meeting, with a lot of interesting
views, lot of good comments and that he enjoyed it.
Councilmember Novak thanked all of the Council for their input and encouraged public
participation.
Councilmember Wythe commented, for Mr. Griswold's benefit, that she cannot imagine that
Councilmember Heimbuch was trying to imply that he did not want the public to attend the
Council's worksession with the Planning Commission, adding that in a worksession setting there
is no provision for public comment. This will allow the Council and Commission to have free
interchange of communication with the community being able to hear the discussion.
ADJOURNMENT
There being no further business to come before the Council, Mayor Hornaday adjourned the
meeting at 8:33 p.m.
The next Regular Meeting is scheduled for Monday November 14, 2005 at 7 p.m. in the Homer
City Cowles Council Chambers and the next Committee of the Whole is scheduled for Monday,
November 14, 2005 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.
_____________________________________
MARY L. CALHOUN, CMC, CITY CLERK
Approved: ___________________
1. Mayor Hornaday recognized Mike Mason's assistance.
2. Dean Baugh, Finance Director, resigned effective October 28, 2005 and accepted a position in Palmer.