Session 08-24 a Regular Meeting of the Homer City Council was
called to order on
PRESENT: COUNCILMEMBERS: HEIMBUCH, HOWARD, NOVAK,
ROBERTS,
SHADLE, WYTHE
STAFF:
PUBLIC WORKS DIRECTOR MEYER
Council met
as a Committee of the Whole from
AGENDA APPROVAL
(Addition of items to or removing
items from the agenda will be by unanimous consent of the Council.
Agenda approved by consensus of the City Council with the following
changes: Public Hearings - Ordinance 08-31 & 31(S) – Comments from
Councilmember Roberts; New Business -
Memorandum 08-126(S) – Confirmation
of Election Workers; Resolutions - Resolution 08-98, Of the City Council
of Homer, Alaska, Awarding the Bid for City Owned 2008 Dredge Spoils to Dan and
Pam Young of Homer, Alaska, in the Amount of $5.00 per Yard for 177 Cubic Yards
and Authorizing the City Manager to Execute the Appropriate Documents. City
Clerk.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Edan Badajos supports Resolution
08-97 and the parks and recreation department. Disc golf is a great resource
for the community to be enjoyed by all ages and skill levels. It comes with a low
cost and high reward. Disc golf is similar to ball golf, as you throw a Frisbee
into a basket with a designated starting point. It is scored by how many throws
to the basket on either nine or eighteen hole courses. There are already courses
throughout the state and it is gaining recognition down south. The Anchor Point
Golf Course will allow rental of the course for the weekend and he will talk to
the
Beth Cumming, city resident,
urged Council to postpone Resolution 08-96. Parks and Recreation Advisory
Commission put in a lot of effort upon arriving at the Master Plan. It is a
wonderful foundation, but the plan is not ready. The priorities should be
adequate parking for Little League and aesthetics for the beauty of a sense of
the natural world. Although the entrance to
Curtis Schomer, Homer resident, said
disc golf is a sport growing all over the world. It gives people of all ages
something to do. He noted the course in
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
Mayor Hornaday called for a motion for the adoption and/or approval of the recommendations of the consent agenda as read.
NOVAK/ROBERTS – SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION.
UNANIMOUS CONSENT.
Motion carried.
VISITORS
A. Bob Shavelson, Executive Director, Cook Inletkeeper, Re: Pebble Mine
Bob Shavelson, Executive Director of Cook Inletkeeper, provided a PowerPoint presentation outlining views on the myth of rigorous permitting for the Pebble Mine:
Ø Alaska Constitution lays out a mandate, about how to interpret and implement.
Ø
Ø Many permits required from many agencies.
Ø Experienced, dedicated regulators.
Ø Interagency monitoring and inspection continue through operation and closure.
Recent legal/regulatory rollbacks include: Alaska Coastal Management Program, mixing zones/fish habitat, permit streamlining, and public interest fee shifting.
Other points of interest include:
Ø Political influence – ads, endorsements.
Ø How or should it be developed?
Ø Pebble has a wait and see.
Ø Corporate personhood and due process; extremely well funded.
Ø Agencies push boundaries of law for large projects.
Ø Constitutional interpretations and regulators favor development over long term sustainability; no level playing field.
Ø Preferential rights.
Ø
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION
REPORTS
A. Mayor’s Proclamation – Sea Otter Awareness Week
B. Mayor’s Report –
C. Memorandum 08-122, from Parks and Recreation Advisory Commission, Re: 2009 Budget Requests.
D.
E. Letter from Mayor Hornaday to Mayor
Michels,
F. Letter from Mayor Hornaday to Senator Lisa Murkowski & Issaac Edwards, Re: Deep Water Dock.
Mayor Hornaday welcomed Attorney
Tom Klinkner and remarked on
Lou Stewart, Parks and Recreation
Advisory Commissioner, recognized and congratulated Michael Illg, Director of
Community Schools, for passing the State exam for directors of parks and
recreational development. He is one of the few people in the state with
credentials. The commission unanimously supports the disc golf proposal and
PUBLIC HEARING(S)
A. Ordinance 08-16(S), An
Ordinance Establishing a Program for Residency Incentive Credit Payments to Adult Residents of the
City. Heimbuch. Introduction
Dean Ravin, Homer resident, commented
the ordinance is clear cut compensation for the residents of the City of
Mayor Hornaday called for a motion for the adoption of Ordinance 08-16(S) by reading of title only for second and final reading.
HEIMBUCH/SHADLE - SO MOVED.
Councilmember Heimbuch explained the ordinance was put forward when we were talking about a different tax climate, addressing the pressing need for full time residency within city limits.
HEIMBUCH/ROBERTS - REQEUST TO POSTPONE TO THE SECOND MEETING IN OCTOBER FOR PURPOSES OF ESTABLISHING THE OUTCOME OF THE ELECTION.
Councilmember Shadle voiced agreement to postponement, stating any loss of dollars would have an impact to the community.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B.
Ordinance 08-18,
An Ordinance of the City Council of Homer,
There was no public testimony.
Mayor Hornaday called for a
motion for the adoption of Ordinance 08-18 by reading of title only for second
and final reading.
HEIMBUCH/ROBERTS - SO MOVED.
Councilmember Heimbuch stated his intent to postpone until the outcome of the October 7th Borough election on the sales tax exemption for non-prepared food items.
HEIMBUCH/WYTHE – MOVED TO POSTPONE TO THE SECOND MEETING IN OCTOBER.
There was no additional discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Ordinance 08-22(A),
An Ordinance of the City Council of Homer,
There was no public testimony.
Mayor Hornaday called for a
motion for the adoption of Ordinance 08-22(A) by reading of title only for second
and final reading.
HOWARD/ROBERTS - SO MOVED.
Councilmember Howard remarked the Spit area is a distinct neighborhood of the City and it is curious it does not have its own plan. When she served on the Planning Commission, the lack of a Comprehensive Plan and good quality zoning tools were lacking on Spit development issues. She asked for approval of funding for the update on the plan.
Brief discussion ensued on Ordinance 08-22(A) and Ordinance 08-33, for parking issues on the Spit. The ordinances are meant to complement each other, with parking as a component to the Homer Spit Comprehensive Plan.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
D. Ordinance 08-24(S), An
Ordinance of the City Council of Homer,
Ordinance 08-24(S-2), An Ordinance of
the City Council of Homer,
There was no public testimony.
Mayor Hornaday called for a motion to substitute Ordinance 08-24(S-2) for Ordinance 08-24(S).
ROBERTS/NOVAK – SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Mayor Hornaday called for a motion for the adoption of Ordinance 08-24(S-2) by reading of title only for second and final reading.
ROBERTS/NOVAK – SO MOVED.
Councilmember Roberts noted the ordinance is the second substitute and has been well vetted. Both Attorneys Tans and Klinkner reviewed the ordinance, provided comments and amendments.
ROBERTS/NOVAK – MOVED TO CHANGE
LINE 28 TO READ: SECTION 1.
Ordinance 08-24(S-2) replaces
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
ROBERTS/NOVAK – MOVED TO AMEND TO ADD UNDER #5 (LINE 175)
EXCEPTIONS:
i. This subsection does not
prohibit a person from acquiring a substantial financial interest in the subject
of the action after the longer of twelve
monthsone year after the official action is approved, or 12 monthsone year after
the person's term or employment ends.
ii. This section does not
prohibit any gain or loss that would generally be in common with all other
citizens or a large class of citizens.
iii. This section does not prohibit any gain or
loss that would generally be in common with other property owners on property
that is further than three -hundred feet foot from the periphery of any property that is
the subject of any action.
There
was no discussion.
VOTE:
YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion
carried.
VOTE:
(main motion as amended) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
E. Ordinance 08-30(S),
An Ordinance of the City Council of Homer,
Memorandum 08-123 from City Planner as backup.
There was no public testimony.
Mayor Hornaday called for a motion for the adoption of Ordinance 08-30(S) by reading of title only for second and final reading.
HOWARD/NOVAK - SO MOVED.
WYTHE/NOVAK – MOVED TO AMEND TO INCLUDE THE TOWN CENTER AS APPROPRIATE THROUGHOUT THE DOCUMENT.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion as amended) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
F. Ordinance 08-31, An Ordinance of the City Council of
Homer,
Ordinance 08-31(S), An Ordinance of the City Council of Homer,
There was no public testimony.
Mayor Hornaday called for a motion
to substitute Ordinance 08-31(S).
ROBERTS/NOVAK - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Mayor Hornaday called for a motion for the adoption of Ordinance 08-31(S) by reading of title only for second and final reading.
ROBERTS/NOVAK – SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
G. Ordinance 08-33, An Ordinance of the
City Council of Homer,
There was no public testimony.
Mayor Hornaday called for a motion for the adoption of Ordinance 08-33 by reading of title only for second and final reading.
HOWARD/NOVAK – SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
H. Ordinance 08-41,
An Ordinance of the City Council of Homer,
Memorandum 08-115, from Public Works Director as backup.
There was no public testimony.
Mayor Hornaday called for a motion for the adoption of Ordinance 08-41 by reading of title only for second and final reading.
HOWARD/ROBERTS – SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
I. Ordinance 08-42,
An Ordinance of the City Council of Homer,
Memorandum 08-117, from Police Chief as backup.
There was no public testimony.
Mayor Hornaday called for a motion for the adoption of Ordinance 08-42 by reading of title only for second and final reading.
HOWARD/NOVAK – SO MOVED.
New patrol cars will reduce emissions.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
J. Ordinance 08-43,
An Ordinance of the City Council of Homer, Alaska, Accepting and Appropriating a Loan in the Amount of
$5 Million Dollars from the Alaska Department of
Environmental Conservation (DEC) for Construction of the New Water Treatment Plant. City Manager. Recommended Dates: Introduction
There was no public testimony.
Mayor Hornaday called for a motion for the adoption of Ordinance 08-43 by reading of title only for second and final reading.
ROBERTS/HOWARD – SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
K. Ordinance 08-44,
An Ordinance of the City Council of Homer,
Leonard Wells, city resident, asked why the City would pay money to purchase some property and give up the right to get money from the Borough on the LID assessment. If we are going to spend $400, the taxpayers should know what additional funds they will have to pay for the City’s part of the LID assessment.
Mayor Hornaday called for a motion for the adoption of Ordinance 08-44 by reading of title only for second and final reading.
WYTHE/NOVAK - SO MOVED.
Discussion ensued on purchasing the property as public purpose and the City’s right to sell the parcel to recapture LID funds. At a later date the parcel can be sold with Council approval.
WYTHE/HEIMBUCH - MOVED TO POSTPONE TO THE NEXT MEETING FOR SUBSTANTIAL FOOTNOTE ON THE LID ASSESSMENT.
Councilmember Shadle suggested
purchasing the property and putting it back on the market for the community to
realize the funds.
VOTE: (postponement) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
ORDINANCE(S)
None.
A. City Manager’s Report
Community Policing:
At the last meeting, the Council heard testimony from Old Town residents about
problems they are experiencing there including loud vehicles, speeding,
partying, drug dealing, vandalism, and litter. The Council asked me to get
together with Chief Robl and develop some suggestions and recommendations regarding
how these issues might be addressed; not just in
I had a meeting with Chief Robl and Lieutenant Rosencrans this week to discuss this issue further. There was agreement on several general concepts. First, this is a community problem and the solutions go well beyond policing and enforcement. The Police will do the best job they can, are open to suggestions, and are ready to work with the community. But, they will need help from other state and federal agencies, from local non-profits, and from parents, to name a few. In short, the community needs to come together and address these issues. The police can’t do it alone.
Second, we should be wary of taking steps that simply push the problem elsewhere. Increased enforcement and surveillance, without some other types of intervention and assistance, might simply force these activities outside of the City limits. While this would be good for local neighborhoods, these are still by and large Homer youth and local residents. Forcing them to drive greater distances might not always be the safest thing for either them or the public.
Third, the Chief thought it was important that the City take positive steps to address these problems, but that it not over-react (by say, adding three new officers). It was his opinion that some of the problems in City parks and local neighborhoods might abate somewhat as summer departs and the cold weather returns. So, while the drug, alcohol, and social problems will remain and need to be addressed, they may not be as openly visible and public as they have been this summer. In other words, a greater police presence on the ground in the neighborhoods may not be a necessary as it appears right now.
The Police are very concerned about the increase in drug traffic here. Not only are very destructive drugs like meth plentiful and easy to obtain, but other dangerous drugs, such as heroin are also showing up on Homer’s streets. The last six months have seen noticeable increases in drug traffic, underage drinking, unruly behavior, vandalism, theft and other illegal or anti-social behaviors. Residents have reported that they are afraid to go out at night. Following are some recommendations to address these problems:
Leases in City Facilities: At the last meeting, the Council approved one lease for a car rental business at the airport terminal and rejected another. No reason was given for rejection of the second lease however, during the Committee of the Whole Meeting, several Council members indicated that they were troubled by the fact that space at the ticket counter was not RFP’d. Although Council did not say this, I came away with the impression that some of you at least, feel like spaces there should be RFP’d as a matter of policy.
This is a subject that we probably should talk about because the Council’s action and words has left the staff in a bit of a quandary. We want to make sure that the administration and the Council on the same page. It is important for the Council to know that the City has not in the past RFP’d space in City buildings with the possible exception of when the airport terminal first opened. You have a number of tenants that secured leases without going through an RFP process. That includes the Pier One Theater, Alaska Ferry Services, The Kachemak Bay Campus, Grant Aviation, ERA Aviation, the Boys and Girls Club, and multiple tenants and concessionaires at the Airport. The only reason we RFP’d terminal space for car rentals this time was because we thought it would be a good idea to see if any national chains were interested. We RFP’d twice and got the same two applicants.
There are a number of reasons for
the fact that buildings and facilities have not been RFP’d. First, the lease
policies, which were referred to at the last meeting, were drafted to cover the
process for leasing raw land. If you read the code on leases (
I mention this now because we need to know the intent and wishes of the Council. If the Council wants us to RFP space in all City buildings and facilities, we would have to get working on that right away. The College lease expires next year. The ERA Aviation lease at the terminal expires this December. Obviously, this would be a big change and we would need to let tenants know and establish the legal framework for doing this. As always, there are advantages and disadvantages to do this. The Council might get more money in rent, but it could also reduce its flexibility to implement policies it has otherwise established such as supporting the college, programs for kids, and the arts. It might also reduce the terminal manager’s ability to act quickly on opportunities that might arise and benefit the City. We would not recommend a change at this time without a thorough discussion.
The staff is also pondering what to do about now about leasing space at the ticket counter for a fourth rental car space. The Council gave no reason for rejecting the second, smaller lease. We brought that one to you because we thought that the potential competition issues had been addressed by offering a lease to both companies (we would have four car rental services). We also thought that offering a lease to both would provide better service to the public and generate more money for the City. Attempting to raise money at the terminal is a priority so that the terminal can come closer to covering the expense of owning and operating it.
So, if the fact that we did not send out an RFP for space at the ticket counter was the reason for rejection of the second lease it would be helpful to know that. We could easily RFP that space and would likely include several other spaces in the terminal as well.
There were no comments on the City Manager’s report.
B. Bid Report
C. Question of the Week
COMMITTEE REPORT
A. Comprehensive Plan Community Advisory Committee
B. Public Arts Committee
(
C. Transportation Advisory Committee
(
D. Permanent Fund Committee
(
Mayor Hornaday stated he called the lawyer that represents the City in the Exxon Valdez lawsuit and learned the City will receive about $500,000. If the interest survives it will be an additional $500,000. Exxon is asking that $70M for the cost bond Exxon posted be deducted. The attorney felt the 9th Circuit would grant interest from the date of the incident, but Exxon would appeal that.
E. Lease Committee
PENDING BUSINESS
None.
NEW BUSINESS
A.
Memorandum
08-126, From Deputy City Clerk, Re: Confirmation of Election Workers for
the Regular City of Homer Election -
Mayor Hornaday called for a motion for the approval of Memorandum 08-126.
NOVAK/HOWARD – SO MOVED.
ROBERTS/NOVAK - MOVED TO
SUBSTITUTE MEMORANDUM 08-126(S) FOR MEMORANDUM 08-126.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
RESOLUTIONS
A.
Resolution
08-95, A Resolution of the City Council of Homer,
Mayor Hornaday called for a motion for the adoption of Resolution 08-95 by reading of title only.
ROBERTS/HOWARD – SO MOVED.
Councilmember Wythe noted we do not have the financial ability to approve the last whereas that states the City will replace restrooms and the Spit Trail.
HOWARD/WYTHE – MOVED TO STRIKE THE LAST WHEREAS FROM RESOLUTION 08-95 (PAGE 329).
Asked about striking the last whereas on page 329, City Manager Wrede suggested the whereas statement could be reworked to state the City would not spend any money.
VOTE: NO. UNANIMOUS.
Motion failed.
HOWARD/SHADLE– MOVED TO POSTPONE
TO SEPTEMBER 22ND.
VOTE: (postponement) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Resolution 08-96, A
Resolution of the City Council of Homer,
Memorandum 08-124 from Planning Technician as backup.
Mayor Hornaday called for a motion for the adoption of Resolution 08-96 by reading of title only.
HOWARD/ROBERTS - SO MOVED.
Councilmembers Howard and Roberts expressed support for the Karen Hornaday Park Master Plan. The plan has been through a lengthy public process; it is not perfect, but it is a start. Members may have input that may be considered in the future.
Councilmember Shadle expressed his intent to postpone approval until the next meeting.
VOTE: YES. HOWARD, ROBERTS
VOTE: NO. NOVAK, HEIMBUCH, WYTHE, SHADLE
Motion failed.
C. Resolution 08-97,
A Resolution of the Homer City Council to Include a Disc Golf Course at
Memorandum 08-127 from Planning Technician as backup.
Mayor Hornaday called for a motion for the adoption of Resolution 08-97 by reading of title only.
HEIMBUCH/NOVAK – SO MOVED.
Councilmember Shadle expressed his support of Resolution 08-97, stating it was a wonderful idea and he can’t wait to get out there and play disc golf.
Councilmember Heimbuch stated Council may engage in a few long years with resolutions before them about spending money; we know it is probably not going to happen. He is concerned about passing resolutions that signal good intent only. There are other avenues the groups should be pursuing, such as joint sponsorship of money for a facility. He would like to see passing resolutions that we can put the money behind.
Councilmember Wythe would like to see Council defer to budget talks. It is already looking bleak, and the day after the sales tax initiative vote it may be even more bleak. She suggested deferring Resolution 08-97 until budget talks to see if any money remains.
WYTHE/HEIMBUCH – MOVED TO POSTPONE TO SEPTEMBER 22ND.
There was no additional discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
D.
Resolution 08-98, Of the City Council of Homer,
Mayor Hornaday called for a motion for the adoption of Resolution 08-98
by reading of title only.
WYTHE/HOWARD - SO MOVED.
Monies received for dredge spoils will go to the Port/Harbor fund. The dredge spoils will remain on the Spit.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
COMMENTS OF THE AUDIENCE
Lou Stewart, city resident, commented the past concerns of proposals for parks and recreation will be also be present in the future. There will be start up costs of ideas; we must keep in mind the returns that will come to fruition over time. Everyone will enjoy the benefits of the facilities.
Beth Cumming, city resident,
stated there are three priorities for
Discussion ensued on the sales tax exemption proposition on non prepared food items. It is based on the food stamp program, what types are eligible for it.
Council discussed the lot on
COMMENTS OF THE
City
Attorney Klinkner stated he has enjoyed becoming more familiar with the city’s
business over the last month. The City prevailed in the motion for preliminary
injunction by Mr. Griswold against the mariculture facility on the Spit.
Judgment was denied; it now goes onto briefing as an appeal. The judge was not
very impressed with the standing argument. Progress has been made resolving the
issue of the FV Brigadere in the harbor. An exchange with the estate has been
made and an offer made. They are finding ways to relocate the vessel. The
Baycrest appeal to the Borough, as to the lot size waiver, has been briefed.
Councilmember
Heimbuch asked if there was a means of recovering attorney costs in defense of
the city. Mr. Klinkner answered they certainly will apply for an award of
attorney fees to the prevailing party.
COMMENTS OF THE
City Clerk Johnson had no
comments.
COMMENTS OF THE
City Manager Wrede commented when
the Borough presented the
COMMENTS OF THE MAYOR
Mayor Hornaday had no comments.
COMMENTS OF THE
Councilmember Shadle welcomed Mr.
Klinkner, stating it will be great to have him here the first meeting of each
month.
Councilmember Howard welcomed Mr. Klinkner. She thanked Councilmember Roberts for the two ordinances; they were just about memorized by councilmembers.
Mayor Pro Tempore Novak,
Councilmembers Wythe, Heimbuch and Roberts had no comments.
ADJOURNMENT
There being no further business
to come before the Council the meeting was adjourned at
_______________________________
JO JOHNSON,
Approved: ______________________