Session 09-23 a Regular Meeting of the Homer City Council was called to
order on October 26, 2009 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: HOGAN,
HOWARD, ROBERTS, WYTHE,
ZAK
ABSENT: LEWIS
(excused)
STAFF: CITY MANAGER WREDE
CITY
CLERK JOHNSON
CITY PLANNER
ABBOUD
FINANCE
DIRECTOR HARVILLE
LIBRARY
DIRECTOR HILL
POLICE CHIEF ROBL
PORT AND HARBOR DIRECTOR HAWKINS PUBLIC WORKS DIRECTOR MEYER
Councilmember Lewis has requested excusal.
Mayor Hornaday thanked everyone for their well wishes during his extended absence.
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 5:02 p.m. to discuss 2010 Budget, Doug Brown, Brown Agency, Alaska Public Entity Insurance, Mayor and Councilmember Travel to Alaska Municipal League in Anchorage and Regular Meeting Agenda items. A Worksession was conducted from 5:35 to 6:32 p.m. to discuss Ordinance 09-40, An Ordinance of the City Council of Homer, Alaska Adopting the 2008 Homer Comprehensive Plan and Recommending Adoption by the Kenai Peninsula Borough. (Chapters 4, 8 & 9.)
AGENDA APPROVAL
(Addition of items to or removing
items from the agenda will be by unanimous consent of the Council.
The agenda was approved by consensus of the City Council.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Heather Beggs, city resident and retiring Pratt Museum Director, thanked Council for voting on Resolution 09-115. The new trail will provide improved opportunities for museum and community members. It is part of the museum’s larger renovation project. Many local groups are supportive of the new trail. Ms. Beggs introduced the new museum director, Diane Converse.
Leonard Wells, city resident, commented on Ordinance 09-51(A) addressing funds received by sources other than revenue. Funds for public art allocated by the Capital Improvement Plan and Council do not comply with sources other than revenue. As to the old library lot he suggested putting it out there for the public to bid. It is money that will reduce the new library loan.
Frank Griswold, city resident, suggested another public hearing for Ordinance 09-19 due to the amount of things that have happened in the time period. He asserted Kathleen Gustafson, employed by KBFPC, applied for the rezone due to her personal or business relationship with Planning Technician Dotti Harness. Ms. Gustafson failed to supply the public purpose on the rezone; all parties rushed to her aid and concocted the public purpose. The primary purpose of the rezone is to accommodate KBFPC relocation plans. Mr. Griswold called it outrageous that one small parcel property owner can rezone an entire neighborhood against the will of many. The rezone is detrimental to Conifer Woods.
Barry Levitt, city resident, is affected by the Fairview water main project. He appreciates the intent of proposed Ordinance 09-57, although it puts homeowners in a bind when they sell their homes. People that buy their homes will balk at the prospect of having to pay assessments and needing to hook up.
Mary Lou Burton, Homer resident, advocated for allowing the library to remain open on Mondays. The number of library patrons has increased and will increase more with tough economic times.
Ginny Espenshade, city resident, supports Community Schools. She worked on the South Peninsula recreation service campaign and the transition advisory board for Community Schools. The City said they would not take Community Schools as a city program without voter approval. To now say that the vote does not matter is disingenuous. Community Schools is just 1% of the overall 2010 budget. It is closing every door to every facility that is used in this city. Ms. Espenshade suggested looking at part time staffing, a virtual catalog, volunteers, and charging $65 for soccer.
Monte Wilshusen, Homer resident, spoke in favor of Ordinance 09-46(S)(A) that will protect a gentleman from being homeless. Circumstances singled him out when he replaced the old trailer with a new trailer. Planning and Zoning said he would have to move both trailers.
Louise Lokan, Homer resident, appreciates the efforts City Council makes on the budget. She has been a part of Community Schools all her life and has benefitted greatly. Her boyfriend and her play soccer, he plays basketball; it is a big part of their life.
Donna Rae Faulkner, city resident, spoke on Resolution 09-115, the mil rate being an unjust and inequitable way to fund. They are receiving disparate treatment. She doesn’t intend to be a member of the seawall group and will be happy to receive insurance bills and be removed from the special service tax district.
Don McNamara, city resident, asked Council to put a zero in Resolution 09-115. They never agreed to pay maintenance on anyone else’s property than their own. The City is paying 135 times its fair share; 12 homeowners pay $22 and the City pays $27.
Andy Haas, Homer resident, agrees Community Schools is important and the library is vitally important. It is a place for hidden treasures to talk about the expertise we have. As a lawyer he has seen kids go there to study. He urged Council not to cut the library funding by 16% and to look at the cut in services to the money savings.
Chris Etzweiler, city resident, appeared with his son Colby and daughter Aurora. The Bruins basketball program has blossomed to 32 kids from 3rd to 6th grade. Lots of kids go to Bruins basketball and will not have much to do if Community Schools is lost. Colby and Aurora spoke on the benefits of basketball and the opportunities for them and other kids.
Sue Mauger, Vice President of Friends of the Library, encouraged Council to keep the library open on Monday and the hours at their present level. On October 5, 2004 63% of voters voted for the new library. Library staff created 680 new library cards this year. With the economic downturn, people rely on the library.
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 12, 2009 Regular Meeting. City Clerk.
Mayor Hornaday called for a motion for the approval of the consent agenda as read.
WYTHE/ROBERTS - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VISITORS
A. John Simms, Public Outreach, Enstar Natural Gas Company
John Simms, Manager of Corporate Communications and Customer Service for Enstar, spoke on the proposed Anchor Point natural gas contract. It is easy to see why community members are frustrated with Enstar in looking at the history. Enstar is facing a gas shortfall in 2011 and needs the gas to serve existing customers. Enstar is building 21 miles of gas line from Anchor Point to Ninilchik. It will allow Anchor Point Energy to drill two additional wells within four years. It brings Homer closer to receiving natural gas. Enstar has always proposed Homer will be served on an independent system. Enstar needs to find a supply of gas and the project needs to be feasible to get natural gas to Homer.
Mayor Hornaday expressed no confidence in Enstar as Homer has been waiting for forty years.
B. Paul Seaton, State Representative
State Representative Paul Seaton stated promises are in the contract Enstar competed with HEA to receive. The previous owner of the North Fork field will build the eight miles of pipeline to Anchor Point and Enstar was to build the pipeline to service Homer. After a few years ago and extensions to the contract, Homer was rolled into the entire service area. The gas is going north instead of to Homer. The contract with the RCA is still in effect. Per the contract, the gas could go north if it exceeded Homer’s take. However, if the gas taken north excluded Homer the commission’s approval of the contract for expansion to Homer would be in jeopardy of modification or revocation by the RCA. There are other players who wish to provide gas service by LNG or other means to Homer. There is a wet blanket thrown on their negotiations. They go out and contract and then must go to the RCA and break into the service area. Representative Seaton wrote to RCA asking that Homer could be rolled out of the service area. The problem is anyone wanting to bring gas to Homer has a huge hurdle as the certificate designates Enstar as the provider.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS
A. Borough Report
B. Commissions/Board Reports:
1. Library Advisory Board
2. Homer Advisory Planning Commission
3. Economic Development Advisory Commission
4. Parks and Recreation Advisory Commission
5. Port and Harbor Advisory Commission
PUBLIC HEARING(S)
A. Ordinance 09-37, An Ordinance of the City Council of Homer, Alaska, Accepting and Appropriating a Byrne Memorial Justice Assistance Grant for Active Shooter Training in the Amount of $11,778.00, Providing for the Local Match of $5,000.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Manager/Police Chief. Introduction October 12, 2009, Public Hearing and Second Reading October 26, 2009.
Memorandum 09-133 from Police Chief as backup.
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 09-37 by reading of title only for second and final reading.
WYTHE/ROBERTS - SO MOVED.
The $5,000 was already appropriated and officers were sent to the training.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. 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, 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.
Frank Griswold, city resident, spoke on the City’s lack of planning authority. The City never follows the Comp Plan and only interprets it in whatever way it serves the City Council. No development is allowed or disallowed by the Comp Plan. He urged Council to vote down the ordinances. The new plan has more zoning where every citizen will have a lot in a separate zoning district.
Crista Hippchen, Kenai Peninsula Borough Planner, thanked Council for their work on the Comp Plan. The Borough Assembly looks forward to having the plan for review.
Oceana Wills, Homer resident, expressed concern with rule #8 in the economic portion of the plan, as it contradicts the new energy plan. Chapter 8 supports nonrenewable, Chapter 9 is for renewable.
Nina Faust, Homer resident, commented there was $50M in alternative grant monies from the State energy grant program. The goal in Chapter 8 was completely modified to promote renewable energy and nonrenewables and should be modified to include just renewable energy. There will be a period of transition to reach the full goal. Natural gas can serve as a transition fuel. New underground coal burning may provide an environmentally acceptable way to burn coal. Transitioning away from nonrenewable is more in keeping with the Climate Action Plan and desires of the community to work towards energy independence.
Roberta Highland, city resident, believes Frank Griswold always does his homework and asked about the legally of the City doing its own Comp Plan. Chapter 8 is problematic; she backed up Nina. She would like to see the wording changed in goal 8. We are in the 21st century and need to look seriously at environmental and energy challenges. We have caused some terrible problems and need to change directions.
Leonard Wells, city resident, commented on Chapter 8, goal 8. He fully supports dividing the goal to support both renewable and non-renewable. We want to keep Homer a viable working town instead of a non working town.
C. Ordinance 09-50, An Ordinance of the City Council of Homer, Alaska, Amending Homer City Code 21.61.030, Nonconforming Structures, Regarding Criteria for Replacing Nonconforming Mobile Homes. City Manager. Introduction September 28, 2009, Referred to Planning Commission, Public Hearing and Second Reading October 26, 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 09-50 by reading of title only for second and final reading.
WYTHE/ZAK - SO MOVED.
The Planning Commission reviewed the ordinance and recommends it be defeated as it has problems as written as to how it would be enforced.
VOTE: NO. ROBERTS, WYTHE, ZAK, HOWARD, HOGAN
Motion failed.
D. Ordinance 09-51(A), An Ordinance of the City Council of Homer, Alaska, Amending Homer City Code Chapter 18.07, Funds for Works of Art in Public Places, by Adding Section 18.07.090, Authorizing the Formation of a Public Art Fund. City Clerk. Introduction October 12, 2009, Public Hearing and Second Reading October 26, 2009.
Mayor Hornaday opened the public hearing.
Angie Newby and Gaye Wolf of the Public Arts Committee addressed the Council. The purpose of the ordinance is to give the committee a vehicle to perform the fundraising functions in their administrative guidelines. In addition they will continue to ask for funding for the committee. The visitor’s map, restoration of the tribute to artists on Pioneer Avenue, and a booth at the Street Faire were made possible from 2008 funding. Funds are coming their way for a display at the airport. In the spring the committee will be working on a Scenic Byways Grant to enhance signage on Baycrest Hill. An opportunity to purchase “The Celebration Memorial Gong” for the cost of supplies only is available. The art fund would allow private contributions and the ability for the committee to purchase such pieces of art for the community.
Leonard Wells, city resident, commented if line 23 does not contradict lines 42 and 45 they should be stricken so the City cannot donate revenues to the fund.
Mayor Hornaday closed the public hearing.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-51(A) by reading of title only for second and final reading.
WYTHE/ZAK – SO MOVED.
WYTHE/ZAK– MOVED TO AMEND TO STRIKE LINE 42.
Councilmember Roberts opposed the amendment as the funding could go into a budget line item.
Discussion ensued on capital improvement projects with 1% for the arts. Finance Director Harville commented a piece of art remains with the project accounting wise. Funds for 1% art would be included in the construction project.
Councilmember Wythe stated a loan would not be taken until ready to expend. The City would not be paying interest to allow the arts fund to earn interest.
VOTE: (amendment) YES. WYTHE, ZAK, HOWARD, HOGAN
VOTE: NO. ROBERTS
Motion carried.
Councilmember Hogan is unclear why the art fund needs to be a City function. The Council on the Arts or The Homer Foundation can collect money and contribute it to an arts fund. Article 6 and 7 of the State Constitution prohibit public monies from being used except for public purpose.
VOTE: YES. ROBERTS, WYTHE, ZAK, HOWARD
VOTE: NO. HOGAN
Motion carried.
ORDINANCE(S)
A. 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. Recommended dates: Introduction October 26, 2009, Public Hearing and Second Reading November 23, 2009.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-52 for introduction and first reading by reading of title only.
WYTHE/ZAK – SO MOVED.
Councilmember Zak commented it would be easier to send the budget back to the City Manager.
ZAK – MOVED TO LOOK AT THE CITY MANAGER’S RECOMMENDATIONS: BULLET ITEMS 2, 3, 4, 10, 15 19 AND 20 AND HAVE THE CITY MANAGER INCLUDE THOSE BACK IN AND MAKE HIS RECOMMENDATIONS TO BALANCE THE BUDGET WITH INCLUDING THOSE IN THE BUDGET.
Motion died for lack of second.
ZAK – MOVED TO RECOMMEND LIBRARY HOURS, COMMUNITY SCHOOLS, INTERMEDIATE SCHOOL, PARKS, ECONOMIC DEVELOPMENT, PUBLIC ARTS, NON PROFITS AND CHAMBER OF COMMERCE BE ADDED BACK IN THE BUDGET.
Motion died for lack of second.
Discussion ensued on the amendment forms used for budget amendments. Council may work with Administration on the amendments to cut revenues, add new revenues, move things around, or dip into the reserves.
Mayor Hornaday plans to propose an amendment to add the aforementioned services back in the budget and will work with Administration to do so.
Councilmember Zak expressed frustration at the process of having to make the line by line item changes. Mayor Hornaday explained the City Manager introduces the budget and the City Council has the final say; the Council has the power to make changes.
City Manager Wrede stated the budget brought to Council was based on the principles that Council wanted. Now the Council needs to refine it.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. 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. Recommended dates: Introduction October 26, 2009, Public Hearing and Second Reading November 23, 2009.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-53 for introduction and first reading by reading of title only.
WYTHE/ROBERTS – SO MOVED.
Councilmember Hogan expressed concern about taking $15,000 from the harbor reserve fund and would like to find another source for the funds.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. 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. Recommended dates: Introduction October 26, 2009, Public Hearing and Second Reading November 23, 2009.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-54 for introduction and first reading by reading of title only.
HOWARD/WYTHE – SO MOVED.
Councilmember Roberts expressed interest in hearing from the public if the change of time will affect their ability to come to the meetings or to serve on the Council.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
D. 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. Recommended dates: Introduction October 26, 2009, Public Hearing and Second Reading November 23, 2009.
Memorandum 09-139 from Public Works Director as backup.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-55 for introduction and first reading by reading of title only.
ROBERTS/ZAK – SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
E. 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. Recommended dates: Introduction October 26, 2009, Public Hearing and Second Reading November 23, 2009.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-56 for introduction and first reading by reading of title only.
WYTHE/ROBERTS - SO MOVED.
Councilmember Hogan asked if there would be a uniform policy on the cameras, as there may have been resistance to the camera on Fish Dock.
Port and Harbor Director Hawkins answered there is no restricted area on Fish Dock as there is with the Deep Water Dock with a CFR vessel. Individuals on the dock with a protected vessel must be screened and access is granted by a card. The video surveillance will be shared with the police and harbor offices. Homeland Security requires the gates, but there is no requirement for cameras.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
F. Ordinance 09-57, 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. Wythe. Recommended dates: Introduction October 26, 2009, Public Hearing and Second Reading November 23, 2009.
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. Wythe.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-57 for introduction and first reading by reading of title only.
WYTHE/HOGAN – SO MOVED.
WYTHE/ROBERTS - MOVED TO REPLACE ORDINANCE 09-57 WITH ORDINANCE 09-57(S) THAT WAS PROVIDED AS A LAYDOWN.
Councilmember Zak commented last time Council talked about spaghetti lines it was never resolved if deeds were recorded. Owners may not know they are on a spaghetti line. Landowners are subjected to future costs without knowing they had an obligation to hook up.
Councilmember Wythe called for a point of order as the motion was to accept the substitute ordinance.
VOTE: (substitute) YES. HOWARD, HOGAN, ROBERTS, WYTHE
VOTE: NO. ZAK
Motion carried.
Councilmember Wythe explained there are individuals that were unaware of the spaghetti line and were not given sufficient notice to make plans to hook up to the water main. The ordinance eliminates the one year hookup requirement. Homeowners that have spaghetti line service will be notified so they can plan accordingly if their area should come under requirement for LID hookup.
Councilmember Zak commented the LID assessment is deferred until the sale, but it puts a cloud on the title. The seller will have the price negotiated knowing the buyer will have to hook up to the water or sewer system within one year. With the City not recording the documents for the original spaghetti line hookups we are not doing the right justice to the individual owners, as it decreases the value of their property.
Councilmember Wythe noted the water line construction was considerably less at $9,000 per lot; most water assessments exceed $15,000. Property owners are getting the upgrade of service and do not have to hook up unless they sell or the existing spaghetti line system fails. There is a provision for the one individual whose system will fail with the water main connection to still enjoy the deferred assessment. She cannot see where the $9,000 deferred assessment will be a deterrent to the sale of the property.
VOTE: (main motion) YES. ROBERTS, WYTHE, HOWARD, HOGAN
VOTE: NO. ZAK
Motion carried.
A. City Manager’s Report
There were no comments on the City Manager’s Report.
B. Bid Report
C. Question
of the Week – If you reside in City
limits: do you have any intention of putting a Wind Energy System or Solar
Panels on your property to help off-set energy costs? Why or why not?
COMMITTEE REPORT
A. Public Arts Committee
B. Transportation Advisory Committee
C. Permanent Fund Committee
D. Lease Committee
There were no committee reports.
PENDING BUSINESS
A. Resolution 09-99, A Resolution of the City Council of Homer, Alaska, Approving the Extension and Amendment of the Lease Between the City of Homer and the University of Alaska, Anchorage, Kachemak Bay Campus, for the Former Homer Intermediate School. City Manager. (Tabled on October 12, 2009, Request by Councilmember Zak.)
History:
May 11, 2009 Attorney Klinkner recommended Councilmembers Lewis and Zak have a substantial interest and be excused from participation.
September 28, 2009 Councilmember Lewis excused due to conflict. Councilmember Zak was allowed to participate. (Matter was postponed this day.)
October 12, 2009 City Attorney Suozzo said it was important to
be consistent in conflicts. If there had been a conflict ruled before, it would
not be advisable to participate. Councilmember Lewis was excused for
conflict; Councilmember Zak was allowed to participate in Executive Session.
Councilmember Zak requested reconsideration, but tabled items cannot be reconsidered. Attorney Klinkner recommended placing the resolution back on the agenda for anyone to move to take Resolution 09-99 from the table.
Mayor Hornaday referenced a written opinion from City Attorney Klinkner provided as a laydown that recommends Councilmember Zak has a substantial conflict.
Mayor Hornaday ruled Councilmember Zak has a conflict of interest.
HOGAN – MOVED TO OVERRULE.
Motion died for lack of a second.
Councilmember Zak stepped down and took a seat in the audience.
There was no motion to remove Resolution 09-99 from the table.
B. Ordinance 09-42(A)(S), An Ordinance of the City Council of Homer, Alaska, Adopting Homer City Code Chapter 19.02, Special Events, Requiring Permits for Special Events in the City, and Authorizing Charges for City Services Required for Special Events. City Manager. Introduction September 14, 2009, Public Hearing September 28, 2009, and Second Reading October 26, 2009.
Motion on the floor from September 28th: MOVED TO ADOPT ORDINANCE 09-42(A)(S) BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.
It is City Manager Wrede’s recommendation to vote against the ordinance as a new ordinance will be introduced at the next meeting.
VOTE YES. ZAK
VOTE: NO. ROBERTS WYTHE, HOWARD, HOGAN
Motion failed.
C. Ordinance 09-46(S)(A), An Ordinance of the Homer City Council Suspending the Application of Homer City Code Chapter 21.90 to Certain Improvements Located on Lot 3, Block 2 Harrington Heights Subdivision. Novak. Introduction September 14, 2009, Public Hearing September 28, 2009, and Second Reading October 26, 2009.
Motion on the floor from September 28th: MOVED TO ADOPT ORDINANCE 09-46(S)(A) BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.
Councilmember Zak advocated for passage of the ordinance to prevent the gentleman from having to move his trailer. The gentleman’s friend, Monte Wilshusen, sat through meetings for hours. An exception could be made knowing the circumstances of the situation.
VOTE: YES. HOGAN, ROBERTS, WYTHE, ZAK, HOWARD
Motion carried.
D. Ordinance 09-19, An Ordinance of the City Council of the City of Homer, Alaska, Amending the Homer City Zoning Map to Rezone Portions of the Urban Residential (UR) to Residential Office (RO). City Manager/Planning. Introduction April 27, 2009, Public Hearing May 26, 2009, Referred to Planning Commission May 26, 2009, Second Reading October 26, 2009.
Motion on the floor from May 26, 2009: MOVED FOR THE ADOPTION OF ORDINANCE 09-19 BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.
Councilmember Roberts commented that Frank Griswold says she may have a conflict of interest since applicant Kathleen Gustafson worked at KBBI. Ms. Roberts is on the KBBI Board of Directors.
Mayor Hornaday ruled Councilmember Roberts has no conflict of interest.
There was no objection from Council.
Councilmember Zak referenced the letter from Frank Griswold stating he may have a conflict of interest since his associate owns property in the rezone area. Councilmember Zak has no interest in the property.
Mayor Hornaday ruled Councilmember Zak has no conflict of interest.
There was no objection from Council.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
A. Memorandum 09-141, from Mayor, Re: Appointment of Bryan Zak as Homer’s Elected/City Official Representative on the Economic Development District.
Mayor Hornaday called for a motion for the approval of the recommendation of Memorandum 09-141.
WYTHE/ROBERTS – SO MOVED.
Councilmember Zak’s current council term expires October 2010; there was a question of appointing him to the Economic Development District until 2012.
WYTHE/ROBERTS - MOVED TO AMEND HIS TERM TO EXPIRE OCTOBER, 2010.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion as amended) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Memorandum 09-142, From City Clerk, Re: Travel Authorization for Mayor Hornaday to Attend the Alaska Municipal League 59th Annual Local Government Conference in Anchorage, Alaska, November 16 – 20, 2009.
Mayor Hornaday called for a motion for the approval of the recommendation of Memorandum 09-142.
WYTHE/HOGAN - SO MOVED.
Mayor Hornaday plans to pay his own way.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
RESOLUTIONS
A. 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 called for a motion for the adoption of Resolution 09-109 by reading of title only.[1]
WYTHE/ROBERTS - SO MOVED.
Councilmember Howard declared a potential conflict of interest as she has a vessel in the harbor and pays rent and utilities for it.
Mayor Hornaday ruled Councilmember Howard did not have a conflict of interest as it was a large enough group.
There was no objection from the Council.
Councilmember Wythe declared the same conflict of interest.
Mayor Hornaday ruled Councilmember Wythe did not have a conflict of interest.
There was no objection from the Council.
HOGAN/ZAK – MOVED TO AMEND ON PAGE 300 TO ADD METERED WATER TO THE FLOATS AT THE STANDARD RATE THAT IS CHARGED FOR WATER TO UPLAND USERS.
Asked to comment, Port and Harbor Director Hawkins said there would be a substantial outlay for improvements to the facility to add meters. Additionally there would be quite a bit of staff time to take the meter readings and for billings. Most of the harbor does not have water. It is run with garden hoses. Everyone would have to be provided with a meter and it would be very costly.
Councilmember Hogan contended the harbor floats are the biggest water usage in the City and the harbor rate payers subsidize the water service.
Councilmember Roberts suggested a coin operated system.
Councilmember Hogan explained if someone is paying for the water that goes through a meter there would be a lot tighter control. A few years ago we had salmon in the harbor with all the fresh water that was flowing in there. It is a huge water bill the Port and Harbor is paying and the water is dumped straight into the harbor because there is no accountability.
Councilmember Wythe suggested Councilmember Hogan work with the Port and Harbor Director so the exact rates can be determined.
Councilmember Hogan requested the amendment to allow for a public hearing. Homer City Code requires public hearings on harbor tariff changes and it hasn’t been done since 2004.
Councilmember Howard suggested a plan outlining what it would take for installation of the meters. It would be a substantial change to operations.
Councilmember Wythe said we need to do all the homework to see what the costs are and then could propose an amendment to the rates. The tariff rates can be amended at anytime of the year. She suggested a separate request for a public hearing on the resolution.
City Clerk Johnson added the budget ordinance and fee resolutions will be advertised for public hearing for the November 23rd meeting.
Councilmember Zak concurred if we have fresh water going into the harbor we need to stop it. Even without a meter it will provide a means to use the water in a proactive way.
Councilmember Wythe suggested waiting to add the fee until we have the plan in place with all the information. The amendment can be made at any time of the year.
Councilmember Hogan stated water service to harbor floats is seasonal. By the time the fee amendment is passed the water service will be decommissioned. We can worry about the nuts and bolts the same way we handle any water service request.
City Manager Wrede favors the idea. In the past we have talked about meters and extending water lines on the CIP list. However, we should come back with a capital project to put water lines on the floats with meters that will include both costs and water savings.
VOTE: (amendment) YES. HOGAN, ZAK
VOTE: NO. HOWARD, ROBERTS, WYTHE
Motion failed.
VOTE: (main motion) YES. ZAK, HOWARD, HOGAN, ROBERTS, WYTHE
Motion carried.
B. 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 called for a motion for the adoption of Resolution 09-110 by reading of title only.[2]
ROBERTS/WYTHE – SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Resolution 09-111, A Resolution of the City Council of Homer, Alaska, Authorizing the City Manager to Apply for and Accept 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 for the Purpose of Replacing Four Pressure Reducing Valve (PRV) Stations. City Manager/Public Works.
Memorandum 09-139 from Public Works Director as backup.
Mayor Hornaday called for a motion for the adoption of Resolution 09-111 by reading of title only.
WYTHE/ROBERTS - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
D. Resolution 09-112, A Resolution of the City Council of Homer, Alaska, Awarding the Contract for Bid Document Preparation/Construction Assistance Services for the Replacement of Three Pressure Reducing Valve (PRV) Stations to the firm of Bristol Environmental and Engineering Services Corporation of Anchorage, Alaska, in the Amount of $35,000 and Authorizing the City Manager to Execute the Appropriate Documents. City Manager/ Public Works.
Memorandum 09-139 from Public Works Director as backup.
Mayor Hornaday called for a motion for the adoption of Resolution 09-112 by reading of title only.
ZAK/ROBERTS - SO MOVED.
Bristol Environmental and Engineering Services Corporation has a term contract for engineering services with the City.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
E. Resolution 09-113, A Resolution of the City Council of Homer, Alaska, Establishing a 2010 Mil Rate of _______ Mils for the Ocean Drive Loop Special Service District in Addition to the General Real Property Tax Mil Rate. City Manager.
Mayor Hornaday called for a motion for the adoption of Resolution 09-113 by reading of title only.
ZAK/ROBERTS - SO MOVED.
WYTHE/HOGAN – MOVED TO POSTPONE UNTIL MARCH 2010.
Councilmember Wythe requested worksessions in January and February to bring Council up to speed on the seawall. Review of the history will allow Council to make a determination on the mil rate.
VOTE: (postponement) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
F. Resolution
09-114, A Resolution of the City Council of Homer, Alaska, Directing the City
Manager to Issue a Request for Proposals for Insurance Services and to Forward
the Necessary Provisional Notice of Termination to the City’s Current Insurance
Provider, the Alaska Municipal League / Joint Insurance Association (AML/JIA). Zak.
Mayor Hornaday called for a motion for the adoption of Resolution 09-114 by reading of title only.
ZAK/HOGAN – SO MOVED.
Councilmember Zak endorsed soliciting other bids as the current contract is very expensive. There is confusion due to the name of the City’s carrier as to whether competing organizations can provide bids. If we don’t issue the provisional notice of termination to AML/JIA by the end of December we cannot go out to compete. We will have an opportunity to look at our insurance coverage to see if there may be a savings. Other communities are able to receive different rates.
City Manager Wrede suggested in all fairness AML/JIA should be allowed to talk to Council on November 23rd before we issue a RFP. We could still issue the RFP prior to January 1st. AML/JIA has provided excellent service to the City. To review proposals a committee that understands insurance terms would need to be put together. It is much more than the savings.
ROBERTS/WYTHE – MOVED TO POSTPONE THIS RESOLUTION TO NOVEMBER 23RD.
Councilmember Roberts requested postponement as the resolution is premature. The City’s insurance policy is complicated and extensive and more information from Administration as to insurance needs may be needed.
Councilmember Zak expressed the need to avoid conflicts of interest in relationships between insurance carriers that work for AML and community members that have served on Council in the past. Rather than postponement he recommends we proceed as good managers of the City’s budget.
Asked by Councilmember Hogan what would be the most advantageous time to go out to bid, City Manager Wrede answered the year to year contract with AML/JIA expires in June. Spring would be the best time with the RFP advertised for one month and then committee review which may take two weeks. It would require a two-month process with the Council deciding on the review committee.
Mayor Hornaday said it may require hiring someone outside to review proposals. He would like to hear from other communities that have independent insurance carriers. He is hesitant in issuing the provisional termination notice.
Councilmember Zak said in giving notice it does not mean that we will not renew. As city officials we have an obligation to look at expenses.
Councilmember Howard commented a plan is needed before going out to bid. She asked why the bid could not be in sync with the contract ending date. The contract does not need to be in sync with the budget. You cannot give a cancellation notice without coverage.
Councilmember Hogan sees no advantage to postponement; we need to get started in the process.
VOTE: (postponement) YES. WYTHE, HOWARD, ROBERTS
VOTE: NO. ZAK, HOGAN
Motion failed.
Councilmember Wythe requested staff provide an insurance overview to show the City’s current coverage.
VOTE: (main motion) YES. ZAK, HOGAN
VOTE: NO. ROBERTS, WYTHE, HOWARD
Motion failed.
G. Resolution 09-115, A Resolution of the City Council of Homer, Alaska, Expressing Support for the Pratt Museum’s Application for a Recreational Trails Grant. Roberts.
Mayor Hornaday called for a motion for the adoption of Resolution 09-115 by reading of title only.
ROBERTS/WYTHE - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
H. Resolution 09-116, 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 Worksession Between 4:00 p.m. and 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.
Mayor Hornaday called for a motion for the adoption of Resolution 09-116 by reading of title only.
HOWARD/HOGAN – SO MOVED.
Councilmember Howard noted the resolution was a belated follow-up to previous discussion at the Committee of the Whole.
HOWARD/WYTHE – MOVED TO AMEND TO INCLUDE WORKSESSIONS, SPECIAL MEETINGS, AND EXECUTIVE SESSIONS.
The purpose of the amendment is if those meetings are not needed, Council does not begin the Committee of the Whole until 5:00 p.m.
HOWARD/ROBERTS - MOVED TO POSTPONE TO FOLLOW THE ORDINANCE THAT CALLS FOR 6:00 P.M. MEETINGS (ORDINANCE 09-54).
Councilmember Wythe would like to make all the amendments prior to postponement.
VOTE: (postponement) NO. ROBERTS, WYTHE, ZAK, HOWARD, HOGAN
Motion failed.
VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
WYTHE/HOWARD - MOVED TO FURTHER AMEND WORKSESSIONS TIME TO END NO LATER THAN 5:50 P.M. AND COMMITTEE OF THE WHOLE ENDING NOT LATER THAN 5:50 P.M. WHEN SCHEDULED WORKSESSIONS DO NOT EXCEED 4:50 P.M.
Often one hour Worksessions are not sufficient, the Committee of the Whole can be foregone to have a Worksession.
The Clerk suggested a friendly amendment to include Executive Sessions and Special Meetings with the Worksession meeting times. Councilmember Wythe accepted the friendly amendment.
Brief discussion ensued on Executive Sessions that will be included in Special Meetings.
VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
WYTHE/HOWARD – MOVED TO POSTPONE RESOLUTION 09-116 TO FOLLOW THE ORDINANCE (09-54).
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
I. Resolution 09-117, A Resolution of the City Council
of Homer, Alaska, Authorizing the City Administration to Issue a Request for
Proposals (RFP) for Redesign, Development and Implementation of the City of
Homer Website. City Manager.
Mayor
Hornaday called for a motion for the adoption of Resolution 09-117 by reading
of title only.
WYTHE/ROBERTS – SO MOVED.
Asked if the money was budgeted, City Manager Wrede said it was not. If the website design costs too much money, Administration will have to ask for money. He is guessing the website design will be $15,000 or less. It could be done in-house, although a municipal website has specialized functions and we would like to go with someone that has experience doing it. Comments from the public indicate the City’s website is very cumbersome.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
COMMENTS OF THE AUDIENCE
Jeanne Parker, city resident, advocated for Community Schools, an essential service. There are activities for all ages. She urged Council to look at parks and recreation to make sure it is supporting the community versus tourism and jobs. The Chamber of Commerce and individual businesses can help support beautification.
Leonard Wells, city resident, commented amendments can be done in-house after the public hearing is held and the public would not necessarily know. He congratulated Council for passing Ordinance 09-46 so the gentleman has a place to live. The fee for water meters on the harbor could have been placed in Resolution 09-109. It could later be added how they would be put in. On the budget the library card fee could be imposed.
Ginny Espenshade, city resident, is trying to brainstorm ways to increase revenue through Community Schools. A bulk of the young people are returning to Homer to live because of community support. She challenged the presumption Community Schools must be staffed by a full time employee.
Donna Rae Faulkner, city resident, echoed Leonard’s comment about Ordinance 09-46. She thanked Councilmember Wythe for postponement on the decision for the mil rate. The seawall is being talked about largely because agreements are lined out. There are a lot of things that need to be fixed. She urged Council to pay close attention to a grant application that may come forward from the association.
Don Faulkner, city resident, thanked Council for scheduling worksessions on the seawall. The homeowner’s association is not living up to the City’s requirements for being an eligible entity to accept grants. He hopes Council does not grant them money. He showed Council photos of recent repair on the seawall that were less than adequate. There is $22,000 in the seawall bank account.
COMMENTS OF THE
City Attorney Klinkner was not present.
COMMENTS OF THE
City Clerk Johnson welcomed Mayor Hornaday back and Kevin aboard.
COMMENTS OF THE
City Manager Wrede said it was good to see the Mayor back. He is looking at every option on the budget before Community Schools is lost. The Boys and Girls Club is contingent with the university’s lease. Hopefully on November 23rd there will be news on both groups.
COMMENTS OF THE MAYOR
Mayor Hornaday thanked Dennis Novak for his many years of service. He welcomed Kevin and congratulated Francie. He commented it is so good to be back home and sang John Denver’s “It’s Good to Be Back Home Again”.
COMMENTS OF THE
Councilmember Wythe said it is good for the Mayor to be back home again. She welcomed Councilmember Hogan. It has been a good meeting tonight. Regarding the budget amendment process, Council prior to the November 23rd meeting will submit their changes to the packet for discussion. At the December 14th meeting the budget will be finalized with additional revisions. As the staff is looking at Community Schools, the Borough has stated it will begin to charge the City fees for the use of the buildings. It will be a key issue. It is a struggling program and adding building use fees may be insurmountable. She would like to see staff make some contacts. She would hate to see it funded and six months later realize fees would be charged for building use.
Councilmember Hogan welcomed the Mayor back. He issued notice he will not attend the November 9th worksession and would like to participate by phone. The Mariners Boys Football team had a great season and did a lot of people proud. It was an inspiring run by those guys.
Councilmember Roberts welcomed Mayor Hornaday back and welcomed Kevin. She offered thanks to Heather Beggs who gave a lot to the community and will be missed. Someone testified earlier that the City was closing the Boys and Girls Club. She clarified the City does not run the club, but only allows them to use the building free of charge.
Councilmember Zak welcomed Mayor Hornaday back and welcomed Kevin and Francie. You can’t fight City Hall, but you can poke them with a stick once in a while. He has learned by participating to stand up and express concerns. His concern is Resolution 09-114, the insurance issue, he hopes notice is given and it can be put out for RFP. It is a major contract for the City and hasn’t gone out to bid in a while. It is frustrating as a councilmember to get the budget and not be able to make recommendations. We are stuck in the process and Community Schools, library hours, old intermediate school, public arts, and economic development are areas to focus on. It would save a lot of people from coming out spending a lot of hours. As to water in the harbor, let’s go ahead and start the act and solve some of the areas where we have money going. He was happy to see Representative Seaton here tonight and for Enstar to be on notice that we care about getting natural gas to Homer. There was a contract and if we are not a part of that let’s put an end to it. The Council surprised him tonight to go above and beyond to help a community member that another community member put a lot of time into, namely Ordinance 09-46(S)(A). There is hope. He will try not to poke the sticks too hard. He appreciates working with Council and is here to help. He is not one to procrastinate and likes to deal with issues, namely the insurance one.
Councilmember Howard welcomed Mayor Hornaday back.
ADJOURNMENT
There being no further business to come before the Council, Mayor Hornaday adjourned the meeting at 10:11 p.m. The next Regular Meeting is scheduled for Monday, November 23, 2009 at 7:00 p.m. The next Committee of the Whole is scheduled for Monday, November 23, 2009 at 4:00 p.m. A Worksession is scheduled for Monday, November 23, 2009 at 5:30 p.m. A Worksession is scheduled for Monday, November 9, 2009 from 5:00 to 8:00 p.m. All meetings scheduled to be held in the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.
_______________________________
JO JOHNSON, CMC, CITY CLERK
Approved: ______________________