Session 06-20 a Regular Meeting of the Homer City Council was called to order at 7 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 and a moment of silence in memory of September 11, 2001.
PRESENT: COUNCILMEMBERS: HEIMBUCH, McLAY, NOVAK, SHADLE, STARK, WYTHE.
STAFF: CITY CLERK CALHOUN
CITY MANAGER WREDE
PUBLIC WORKS DIRECTOR MEYER
Council met as a Committee of the Whole from 4:00 to 5:28 p.m. Agenda items included: Presentation by Mark
Roth, Homer's Representative on the Cook Inlet Aquaculture Association, Regarding: Cook Inlet Regional Salmon
Enhancement Plan. Discuss priorities on Resolution 06-130, Proposal to Amend Homer Hunting Code to Provide for
Bow Hunting within City Limits - Ordinance 06-52, Concerns about Paint Ball Activity in Homer, Proper Use of
Consent Agenda, What is a Spaghetti Line? Resolution 04-55, Of the City Council Affirming the Water and Sewer
(Spaghetti) Line Installation Policy in Homer City Code Chapters 13.24 and 13.28 with Memorandum 04-87 as
backup, and the Regular Meeting Agenda Items.
Council conducted a Worksession from 5:39 to 6:44 p.m. Regarding the 2007-2012 Capital Improvement Priorities
and FY 2008 Legislative Requests. Homer City Hall Cowles Council Chambers
Department Heads may be called upon from time to time to participate via teleconference.
AGENDA APPROVAL
(Addition of items to or removing items from the agenda will be by unanimous consent of the Council. HCC 1.24.040.)
The agenda was approved by consensus of the City Council with the following additions: Written public comments
and addition of Visitor: Cook Inlet RCAC Report, Stephen Howell.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Public may comment on any item on the agenda with the exclusion of Visitor - Cook Inlet RCAC Report, Stephen
Howell and Public Hearing items: Ordinance 06-47(A), Addressing Lot Line Vacations in LIDs, Ordinance
06-49(S), Accepting and appropriating three grants, and Ordinances 06-51(A) and 06-51(S), Gateway Business
District.
Jane Tollefsrud, City resident, addressed the Mayor and Council regarding Resolution 06-125, urged passage and
noted that most people reside here, in one form or another, because of the view. To ignore the inherent value of
anyone's view is disrespectful, but to ignore monetary value of view properties is irresponsible.
Helene Herndon, City resident and tax payer for 26 years and one of the two partners of Herndon Construction
Company, addressed the Mayor and Council about the award of the Kachemak Drive Phase I Water and Sewer
Improvement project (Resolution 06-91(S), because the City Manager and Public Works Director have elected to
reject rebids for the project and to put it out for readvertisement and rebid, believing this decision has been arrived at
erroneously and that the argument of the City Attorney is that all bidders must have an equal opportunity to clearly
understand the requirements of the documents upon which bids are estimated. Agreed that document should be clear
and unambiguous. During original bid phase there was sufficient reason to question requirements in order to provide a
bid that met the design intent. At the recorded mandatory pre bid conference the Public Works Director stated that
boring or trenching would be the contractor's option, but if trenching were performed for the service fees the state
would require repavement, in full, of the entire roadway. This option was not memorialized by an addendum as
required made by City Standard Specifications and quoted from the document. Initial bids exceeded the engineer's
estimate by more than 15%, rendering the bids unawardable. Public Works requested the two bidders to provide best
and final offers after changing the bid schedule and adding paving specifications to accommodate the option of
trenching, but did not delete the specifications for the option of boring. The bid specifications were clear and
unambiguous that trenching was also and still a viable option. Rebids were submitted, one contractor, apparently,
interpreted that boring was no longer an option. Both contractors envisioned a different allowable methodology.
Herndon Construction was the low bidder. She urged the City to do the right thing and award the contract to the low
responsive and responsible bidder and to ask the City Attorney, "Where in the request for rebid it says to delete the
specifications dealing with boring?"
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.)
A. Homer City Council unapproved meeting minutes of August 28, 2006 Regular Meeting. City Clerk. Recommend
approval.
B. Ordinance 06-52, Of the City Council of Homer, Alaska Amending Home City Code Sections 5.28.040 and
5.30.020 to Allow, Under Certain Circumstances, the Use of Air Powered Pellet Guns and Bows and Arrows for
Hunting Game within the City Limits. McLay. Shadle. Recommend introduction and first reading, and schedule Public
Hearing and Second Reading for September 25, 2006.
Placed under Ordinances as Item A.
C. Resolution 06-122, Of the City Council Setting the Property Tax Rate (Mill Rate) for Fiscal Year 2007 at 4 Mills.
McLay. Shadle. Fiscal Note: $(261,402) as provided by Finance. Recommend adoption.
Placed under Resolutions at Item C.
D. Resolution 06-124, Of the City Council of Homer, Alaska in Support of Keeping the USCBD Hickory and
USCGC Roanoke Island Based in Homer. Mayor. Recommend adoption.
Placed under Resolutions as Item E.
E. Resolution 06-125, Of the City Council Recognizing the Intrinsic Value of a View Scape on Private Property in Relationship to the Installation of Utilities. Shadle. Heimbuch. Recommend adoption.
Placed under Resolutions as Item D.
F. Resolution 06-126, Of the Homer City Council Authorizing Homer Accelerated Water and Sewer Program Funds
to Pay the Project Costs for the Deferred Water Assessments for Lots included in the Hillside Acres Water and Sewer
Improvement Project and Water and Sewer Reserve Funds to Pay the Project Costs for the Deferred Water and/or
Sewer Assessments for Lots included in the East End Road Water and/or Sewer Improvement Project. City Clerk.
Fiscal Note: Water and Sewer Reserve Funds in the amount of $138,721.68, and HAWSP Funds in the amount of
$178,935.00. Recommend adoption.
G. Resolution 06-127, Of the City Council Finding the Need to Create the South Douglas Place Road Reconstruction
and Paving Improvement District/Assessment District and Setting a Public Hearing for Monday, October 23, 2006.
Shadle. Fiscal Note: To be funded from the HARP and Property Owner Assessments $30.00 per front foot for Road
Reconstruction and $17 per front foot for Paving, two parcels have already been assessed on Bay Avenue, which
appears to be the longest side. Recommend adoption.
H. Resolution 06-128, Of the City Council Requesting that Administration Include, in the City Manager's Report,
Progress Reports on Legislative Directives and/or Requests. Shadle. Recommend adoption.
I. Resolution 06-129, Of the City Council Setting the Public Hearing Date as October 9, 2006, to Evaluate the need
and Support for a Sewer Improvement LID for Bayview Gardens. City Clerk. Fiscal Note: Cost of Public Hearing
Notice and property owner notice. Recommend adoption.
J. Resolution 06-131, Of the City Council Rescheduling the Steep Slope Ordinance Development as a Top Priority
for the Advisory Planning Commission and Planning Staff. Heimbuch. Recommend adoption.
K. Memorandum 06-149, from Deputy City Clerk, Re: Confirmation of Election Workers for the Regular City of
Homer Election - October 3, 2006 and all Processes thereof Pursuant to Homer City Code and Deemed Necessary by
the City Clerk. Fiscal Note: Polling Place - $10.00/hr. Chairs, $9.50/hr. Judges, 12-18 hrs. $12.00/hr. Canvass board
2-4 hours or until done. Account: 100.102.5101-5107. Recommend confirmation.
M. Memorandum 06-150, from City Clerk, Re: Travel Authorization for Mayor's Attendance at the Alaska
Conference of Mayors Meeting in Girdwood on September 16 - 18, 2006. Fiscal Note: Mayor and Council: 2006
Budget: 100.100.5236, Transportation: $6,500.00 and100.100.5237, Subsistence: $4,500.00.Recommend approval.
N. Memorandum 06-151, from City Clerk, Re: Request for Executive Session Pursuant to AS § 44.62.310(c)(1),
Matters, the Immediate Knowledge of Which would Clearly have an Adverse Effect upon the Finances of the
Government Unit and Attorney Client Privilege. (Bid Awards - Kachemak Drive Phase I Water and Sewer
Improvements and High Mast Light Installation and Ramp 7 Replacement.) Recommend approval and conduct under
Resolution 06-91(S) as Council deems necessary.
Councilmember Wythe requested that Item C. Resolution 06-122 and Item E. Resolution 06-125 be placed under
Resolutions as Item C. and D.
Councilmember Novak requested that Item B. Ordinance 06-52 be placed under Ordinances as Item A.
Councilmember Stark requested that Item D. Resolution 06-124 be placed under Resolutions as Item E.
WYTHE/SHADLE - SO MOVED TO APPROVE THE CONSENT AGENDA AS CHANGED.
There was no discussion.
VOTE: YES: (Items B, C, D and E were placed elsewhere on the Agenda.) NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VISITORS
A. (Scheduled after Packet printed) Cook Inlet Regional Citizens Advisory Council (CIRCAC) Report, Stephen
Howell
Stephen Howell, Director of Public Outreach for CIRCAC and City resident on Highland Drive, thanked the Mayor
for adding him as a visitor on such late notice. He distributed the latest CIRCAC Annual Report and copy of Council
Briefs, Second Quarterly Newsletter for 2006. New project, "Potential Places of Refuge (PPOR)", CIRCAC a
primary sponsor in Kodiak along with PWSRCAC (Prince William Sound Regional Citizens Advisory Council) and its
Planning Group, and there was a recent panel discussion in Homer. CIRCAC was successful in getting the Alaska
Department of Environmental Conservation to appropriate and designate funds for PPOR in Cook Inlet starting with
this budget cycle. Since Kachemak Bay figures prominently in just about any discussion it will no doubt be addressed
as part of the new phase. The Kodiak project got off to a really great start identifying deep, light and shallow draft
locations`. There was a lot of help from the local fishing community, Captain Ron Ward, South West Alaska Pilot's
Association, local tug operators and other work group members. Same participation is expected in this area. Similar
work group is going to convene, tentatively, November 1st in Homer for Cook Inlet. He encouraged Mayor and City
Council participation. Navigational Risk Forum is in full planning, scheduled for the first week in December, waiting,
to some extent, for the investigation report on the Seabulk Pride Incident, to be released from the USCG. This will be
a day and half meeting to be held in Anchorage, many of the participants and attendees are located in that area and the
experts will be there to describe the different technologies and such. Expect to address winter and non winter issues,
some of the actions to reduce navigational risks in Cook Inlet and some of the recommendations that maybe didn't get
follow up. The results of the USCG investigation of the Seabulk Pride incident will be reviewed and the need for risk
assessment of Cook Inlet, as well as some of the technology used in areas similar to Cook Inlet around the world to
provide safe transport and docking of oil vessels. Cook Inlet Oil and Gas NPDES (National Pollution Discharge
Elimination System) Permit, that CIRCAC did respond to the call for comments that the permit really makes no effort
to reduce concentrations of volumes of pollutants discharged into the rich marine waters of Cook Inlet. CIRCAC
really believes that the EPA (Environmental Protection Agency) should be working with the producers to reduce
discharges instead of allowing more pollution into the Inlet, than is currently permitted. Under the draft permit
producers could increase the levels of contaminants discharged into the Inlet. There were concerns about how this
might eventually effect things like subsistence food and other issues. CIRCAC Board of Directors met in May and
passed a Resolution stating that they opposed the issuance of the NPDES Permit or any permit that would allow more
pollution to be discharged than is currently permitted. For those who are not currently receiving the quarterly updates
and other information, go to the website at CIRCAC.org and on the front page is a way to submit name, email address
and that this information will not be shared, sold or passed off as research data. He responded to Council inquiry that
Board meetings are generally held in Kenai and that one out of the three is a traveling meeting, this year is Kodiak,
last year was Homer. The PPOR meeting is in Homer.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS
None scheduled.
PUBLIC HEARING(S)
A. Ordinance 06-47(A), Of the Homer City Council Amending Homer City Code Section 17.04.040, Necessity of
Improvement--Improvement Plan, Addressing Lot Line Vacation in Equal Share per Parcel Local Improvement
Districts. Shadle. (First Reading August 28, 2006, Public Hearing for September 11, 2006, Second Reading for
September 25, 2006.)
There were no public comments.
B. Ordinance 06-49(S), Of the City Council of Homer, Alaska Accepting and Appropriating Three Department of
Commerce, Community and Economic Development Grants for Rescue Systems Upgrade in the Amount of
$28,000.00, for Homer City Hall in the Amount of $2 Million, and for Smolt Stocking for Nick Dudiak Fishing
Lagoon in the Amount of $10,000.00; and Authorizing and Approving the City Manager's Execution of the
Appropriate Documents. City Manager. Fiscal Note: Account No. Revenue and Expenditure Account 151-736
DCCED Grant - Rescue Systems Upgrade $28,000.00, Revenue and Expenditure Account No. pending DCCED
Grant- Homer City Hall $2,000,000.00, Revenue 415-922 DCCED Grant - Smolt Stocking Nick Dudiak Fishing
Lagoon and Expenditure 415-922 P/H Smolt Stocking Nick Dudiak Fishing Lagoon $10,000.00. (First Reading
August 28, 2006, Public Hearing and Second Reading for September 11, 2006.)
There was no public testimony.
WYTHE/McLAY - SO MOVED FOR THE ADOPTION OF ORDINANCE 06-49(S) FOR SECOND AND FINAL
READING BY READING OF TITLE ONLY.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Mayor Hornaday reiterated his previously stated conflict of interest and left the table at 7:29 p.m. He passed the gavel
to Mayor Pro Tempore McLay.
C. Ordinance 06-51(A), Of the City Council of the City of Homer, Alaska Amending Homer City Code Title 21
(Zoning) to Create a new Gateway Business District known as Chapter 21.55 and Amending the Zoning Map to
Rezone Portions of Rural Residential (RR) and Portions of Urban Residential (UR) Zoning Districts Fronting on the
Sterling Highway West Hill Area to the South West Boundary of the Central Business District (CBD). City Manager.
Planning. (First Reading August 28, 2006, Public Hearing September 11, 2006, Second Reading September 25,
2006.)
There was no public testimony.
C.1. Ordinance 06-51(S), follows same schedule as Ordinance 06-51(S), Council has taken no action on the
substitute.
There was no public testimony.
Mayor Pro Tempore McLay called for a recess at 7:31 p.m. after passing the gavel back to Mayor Hornaday, the
Mayor called the meeting back to order at 7:39:40 p.m.
ORDINANCE(S)
A. Consent Agenda Item B. Ordinance 06-52, Of the City Council of Homer, Alaska Amending Home City
Code Sections 5.28.040 and 5.30.020 to Allow, Under Certain Circumstances, the Use of Air Powered Pellet Guns
and Bows and Arrows for Hunting Game within the City Limits. McLay. Shadle. Recommend introduction and first
reading, and schedule Public Hearing and Second Reading for September 25, 2006.
NOVAK/SHADLE - MOVED TO INTRODUCE ORDINANCE 06-52.
Discussion: Ordinance is to allow use of air pellet guns and use of bow and arrow for hunting game within the City
limits. Community growth is impacting traditional habitat. Use of wetland management for preservation of wildlife.
There are adequate areas outside the City limits for hunting. There is no game specified in the Ordinance. Prime
hunting areas were annexed into the City. State Hunting regulations, have restrictions and specify what is hunted. This
Ordinance should not be introduced. Bow and arrow target practice is allowed, now. Right now cannot take care of
pesty critters or enjoy the subsistence life style that Alaskans deserve. The Ordinance is considerate and thoughtful.
To hunt with bow and arrow one must pass a related hunting course. Provides giving back some rights that were
taken away from those annexed into the City. Opposition expressed to the Ordinance. If this passes will property
owners have to put up no hunting signs on their property?
SHADLE/STARK - I WOULD LIKE TO MAKE AN AMENDMENT HERE, IN REGARDS TO WHAT WE ARE
TALKING ABOUT, ON LINE 32 I WOULD LIKE TO STRIKE "STRUCTURE" AND INSERT "OTHER RESIDENCE"...
Discussion: Reason for doing this is to provide space so that people are not hunting right next door to each other.
Hard to shoot an arrow more than 500 feet away. Have to be 500 feet or more away from any other residence, if
you're by your own house you have the right to shoot a bow and arrow or pellet gun, but not within 500 feet of
another residence. This is a safety standard. Will not happen in subdivisions where houses are close. Concern
expressed about the distance and discernment thereof. Suggestion to purchase a range finder. Are there inherent
private property rights that prohibit people from coming on one's property and hunting without expressed permission?
Within the confines of the City limits there is no property unspoken for by some entity.
Mayor Hornaday suggested that the Council might want to ask their City Attorney and stated, in general, that if
someone does not want people trespassing on their land and want to avoid liability of someone getting hurt then the
general rule is to post it and say, "No Trespassing". There are exceptions to the rule - if someone shoots a moose and
that moose comes on your posted property nd dies, now what do you do?
Discussion continued: Does the Council want to state that there must be expressed permission from the land owner?
It is reported that moose have figured out that inside City limits is a safe haven such as from bears and wolves, has
any consideration been given to that. Also told that the moose habitat is decreasing, any thought given to that?
Comment that moose habitat is increasing not decreasing. Grammar was discussed regarding other residence,
however, there was no change.
VOTE: (primary amendment) YES: HEIMBUCH, McLAY, WYTHE, SHADLE, STARK.
NO: NOVAK.
Motion carried.
Now reads: Hunting game within the boundaries of the City of Homer is prohibited except as allowed by the State
Board of Game and only with air powered pellet guns or bows and arrows at a distance from[ structures] other
residence exceeding 500 feet.
Discussion: Real comfortable with Ordinance, uncomfortable with the idea of people being able to hunt on someone
else's property and that it is incumbent on the property owner to have to post signs. This is one thing people inside the
City actually deserve is to not have to be unduly influenced by behaviors that might be more typical of properties
outside of the City. Like to postpone this until another Ordinance can be developed that comes along with this that
says that no hunting shall be allowed on property within the City without the expressed permission of the property owner.
HEIMBUCH/NOVAK - MOTION TO TABLE.
There is no discussion on a motion to table.
VOTE: (Lay on the table) YES: NOVAK, HEIMBUCH, WYTHE,
NO: McLAY, SHADLE, STARK.
MAYOR: TIE VOTE: YES:
Motion carried.
CITY MANAGER'S REPORT
A. City Manager's Report (Updates/Follow-up: Some of these items appeared on the last report, since these are important the Manager wanted to give the Council another opportunity to discuss: 1. Spit Trail Completion to End of Road Park: Award of FHWA 2006 Scenic Byway Grant in the amount of $63,000.00. 2. Library: Old library officially closed on August 30 2006, moving process began on September 1, 2006, City staff volunteers from all departments and a large contingent of community volunteers assisted. Individuals were hired to transport heavy items estimated cost less than $4,000. Soiree is September 15 and the Grand Opening is on September 16 from 1 to 4 p.m. Plans to Surplus old library, equipment and furniture. 3. Jack Gist Park: Parking lot construction, fence, and dugout construction are proceeding well. 4. Public Education/Ballot Issues: Last week Council Member Heimbuch, Mike Illg, and Manager were featured on the KBBI Coffee Table Show to discuss the three ballot issues. Plan to development fact sheets for distribution and posting on the City website and perhaps draft some articles for the newspapers. 5. Budget Matters: Sales tax collections are approximately $150,000 lower than 2005. Hope for a good second half of the fiscal year. AML regarding the PERS Board, threatening an additional 10% increase in the City's yearly bill, could mean as much as an additional $100,000.00. 6. Fish Dock Road Redevelopment: Invitation to Bid for demolition of the Manley Building and the Desperate Marine Building has been advertised. Pre-Bid Conference on September 12. Proposals are due, Bid Opening is September 21, Council award to successful bidder on September 25, and demolition anytime after October 1, 2006. 7. Tidal Power/Hydroelectric Application for Cook Inlet and Kachemak Bay: Federal Energy Regulatory Commission Notice about applications that have been submitted for tidal power projects in Cook Inlet and in Kachemak Bay. Comment period extends for 60 days. 8. External Parity Study: Completed. Preparing to make some recommendations and present some options to the Council. Resolution to Council September 25. Competitive position with respect to recruitment for new, entry level employees continues to erode. Last week learned that Anchorage Police Department raised its entry level positions (and hence the entire pay scale) by 20 %, reason "trouble filling positions". 9. Community Schools: Progress report on assumption of this program willing to schedule. 10. Invasive and Noxious Weeds: Information regarding Invasive and Noxious Weeds, concern is growing in the Homer area and staff involved with efforts to deal with the problem. 11. New Police Chief: Application period closed Friday, September 8, 2006; September Employee Anniversaries: Patti Morris HPD 30 years, Mary Calhoun City Clerk 19 years, Patrick Johnson PWD 14 years, Janie Stewart HPD 6 years, Susan Gibson Library 3 years, Lary Kuhns HPD 2 y ears, Aaron Glidden P/H 2 years, Daniel Smith PWD 1 year and Teresa Sundmark Library 1 year.)
Items mentioned were: Patti J. Morris just passed 30 years with the City and is about to have a big retirement party and who has done several different City jobs. She is the second 30 year City employee.
Application to do a Tidal Power project in Kachemak Bay, the City does have the power to intervene or comment. Alternative energy is real attractive for a lot of people. This is a critical habitat. Let the Manager know if the Council wants to express an opinion and he'll place this on the next agenda. Mayor Hornaday asked for there to be some indication of concern from the City and that the City is interested. Some of the Federal Regulatory Agencies, according to the City Manager, have expressed some real concern about what that mean for Belugas and for other marine mammals. Depending on how these are constructed there might be ways to mitigate the impacts. Interested in exploring alternative energies, with mitigation factors in place that acknowledge that this area is a Natural Estuarine Reserve, Critical Habitat Area and resources there that people here care very much about. Mayor Hornaday stated that he would work on a Resolution to this effect.
Report on Community Schools. There is an ongoing discussion with the School District regarding types of events that should be scheduled in School District buildings as part of the program. Many events have been scheduled in the past, however, events are being evaluated as to which are legitimate Community School events. The School District would rather that no events be scheduled at all, right now. Some being discussed are, ie., "One Lord's Sunday", which is a very important event in town, may people attend it, but is it a Community Schools event? should the City be scheduling those types of things? Can or should a fee be charged for those types of events? This is an important matter for the Council to think about, especially if the voters approve keeping this program in the City. The School District buildings are an important asset in the Community.
There have been eight applications for Chief of Police, lower than expected and believed to be in part due to the salary.
B. Bid Report. (RFP - Comprehensive Plan Update Proposals for professional planning and/or engineering services
for an update to the City of Homer Comprehensive Plan are due by 4:00 p.m., September 15, 2006; Bid - Snow
Removal and Sanding Services 2006/07, 2007/08, 2008/09 Bids are due by 2:00 p.m., September 20, 2006; Bid -
Manley/Desperate Marine Building Demolition Project Bids are due by 2:00 p.m., September 21st, 2006; and Bid
Awards are pending for Kachemak Drive Phase I Water and Sewer Improvements and for the Professional
Engineering Services - Water/Sewer Design.
C. Public Input on Question of the Week.
D. Additional signatures for Second Fishing Lagoon at Mariner Park.
COMMITTEE REPORT
A. Public Arts Committee (Synopsis from June 8, 2006 meeting)
B. Transportation Advisory Committee (Committee Meets September19, 2006)
PENDING BUSINESS
None scheduled.
NEW BUSINESS
A. Memorandum 06-152, requested by Councilmember Stark, Re: City Manager Annual Performance Evaluation.
Request for Executive Session, Pursuant to AS 44.62.310(C)(2), Subjects that Tend to Prejudice the Reputation and
Character of Any Person, Provided the Person May Request a Public Discussion. (City Manager Wrede.)
Recommendation: Conduct performance evaluation and executive session, as deemed appropriate.
STARK/SHADLE - SO MOVED TO CONDUCT A PERFORMANCE EVALUATION AND EXECUTIVE
SESSION AS DEEMED APPROPRIATE.
City Manager Wrede responded to the Mayor's inquiry that an Executive Session is fine with him and that he thinks
that it is best that everyone can speak with candor.
Mayor Hornaday called for the Executive Session to be conducted at the end of business just prior to the Audience Comments.
STARK/SHADLE - SO MOVED TO CONDUCT THIS AT 5:30 TWO WEEKS FROM NOW.
Mayor Hornaday clarified that this is a motion to postpone. (Postponed until 5:30 on September 25, 2006.)
There was no discussion.
VOTE: (postponement) YES: SHADLE, STARK, HEIMBUCH, McLAY, WYTHE.
NO: NOVAK
Motion carried.
Mayor Hornaday allowed Councilmember Stark to make a statement: This is a routine thing, something done every
year and that it is not as a result of a crisis or anything else and that there has to be an evaluation of the Manager, and
that this done before the roll over on the terms the first Tuesday in October.
RESOLUTIONS
A. Resolution 06-91(S), Of the City Council of Homer, Alaska Awarding the Contract for the Kachemak Drive
Phase One Water and Sewer Project to the Firm of Herndon Construction LLC of Homer, Alaska in the Amount of
$967,669.00 and Authorizing the City manager to Execute the Appropriate Documents City Clerk. Fiscal Note:
Account Number: 215-826. Pulled from the Agenda on July 24, 2006, Main motion postponed on August 14, 2006
and August 28, 2006, is back on the floor.
Memo 06-119(S)(1) from Public Works as backup.
Main Motion is back on the floor as postponed on August 14 and 28, 2006: McLAY/SHADLE - I'LL MOVE
FOR THE ADOPTION OF RESOLUTION 06-91(S) BY READING OF TITLE.
Executive Session was approved via Memorandum 06-151 on the Consent Agenda.
Mayor Hornaday, after comment, called for the Executive Session to be held before decision on this Resolution.
There were no objections.
Mayor Hornaday recessed the Regular Meeting to Executive Session at 8:12 , reconvening the regular meeting at
9:06 p.m.
STARK/NOVAK - I MOVE TO POSTPONE RESOLUTION 06-91(S) INDEFINITELY AND THAT THE
KACHEMAK DRIVE PHASE I WATER AND SEWER PROJECT BE REBID.
There was no discussion.
VOTE: (Postpone indefinitely and rebid) YES: WYTHE, SHADLE, STARK, NOVAK.
NO: HEIMBUCH, McLAY
Motion carried.
B. Resolution 06-130, Of the City Council of Homer, Alaska Supporting Phase II 2006-2025, Cook Inlet Regional
Salmon Enhancement Plan.
Phase II 2006-2025 Cook Inlet Regional Salmon Enhancement Plan is available for review in the City Clerk's Office
for the Council meeting of September 11.
HEIMBUCH/SHADLE - MOVED TO ADOPT RESOLUTION 06-130.
Councilmember Heimbuch noted that this is continuing work that the Department of Fish and Game has done every
year, that it keeps being updated, that there are a lot of good projects in the plan. Of special interest are the ones
relating to enhancement of King Salmon and Sports Fishing opportunities around here and the Council needs to do
everything it can to be supportive of that. It is good for the City to go on record as, basically, supporting all of the
projects involved in stream restoration, stocking, lake fertilization, other kinds of opportunity and the development of
other species. It is basically a good document and not easy reading. It represents an awful lot of work by that
Department.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Homer, Alaska supports the Cook Inlet Regional
Salmon Enhancement Plan with the highest priorities as follow:
1. Continuation of the Salmon Enhancement Plan
2. Fertilization of Red Salmon Rearing Lakes.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Consent Agenda Item C. Resolution 06-122, Of the City Council Setting the Property Tax Rate (Mill Rate) for
Fiscal Year 2007 at 4 Mills. McLay. Shadle. Fiscal Note: $(261,402) as provided by Finance. Recommend adoption.
WYTHE/McLAY - I WOULD MOVE FOR THE APPROVAL OF RESOLUTION 06-122.
Councilmember Wythe commented about the following: This is an ill timed proposal. Reference to the City Manager's
report indicating several short falls, $150,000.00 in the collection of sales tax and potential additional increase of
$100,000.00 for the PERS program. The Council is elected to run the City to ensure a variety of things, including
paying bills current and future. In the past two years the Council has revisited the mill rate and reduced it by one half
mill to the current 4.5 mills. Sales tax increases have been requested of the Community to cover specific identifiable
expenses that are coming on, particularly the PERS expense with next year to be the apex of the increase at $1
million, the new library with the note and increased operations and every other expense of the City has been on an
increasing spiral. It is imprudent to do just before starting a new budget cycle to change the mill rate. Have until June
2007 to change the mill rate. Failure to meet costs and revenues is placing the City in a poor financial condition. Audit
report cited the City below bonding requirement revenues for Port and Harbor. Reserve funds are in a diminished
situation. If sales tax do not go up reserves are going to decrease. A lot of financial issues in flux right now.
WYTHE/NOVAK - SO I WOULD LIKE TO MOVE TO POSTPONE RESOLUTION 06-122 UNTIL OUR
SECOND MEETING IN JANUARY OF 2007.
There was no discussion.
VOTE: (postponement) YES: NOVAK, WYTHE.
NO: SHADLE, STARK, HEIMBUCH, McLAY.
Motion failed.
Councilmember Heimbuch commented on the following: All that Councilmember Wythe said was true and nothing
that can be argued with, just not the whole story. Council has engaged in considerable discussions as a result of public
input about what has happened to people's feeling about tax policies and tax mechanisms as a result of the increased
valuation. Need to have City density and promote year round residency. Lot of things not exactly about the fiscal
realities of balancing the budget. Need to do something that bridges that to some extent. Need to prioritize how
"we"feel about people who spend their lives here. The City gets lots of money from summer time traffic, need to do
something about the winter.
HEIMBUCH/STARK - I WAS GOING TO PROPOSE AN AMENDMENT HERE, THAT CHANGES THE MILL
RATE FOR PEOPLE WHO LIVE HERE ALL YEAR AROUND AND MY AMENDMENT IS AS FOLLOWS:
LINE 24 AFTER 4 MILLS SHALL READ, "FOR PROPERTIES OWNED BY INDIVIDUALS WHO BY USE OF
THAT PROPERTY AS A PRIMARY RESIDENCE ALSO QUALIFY FOR STATE OF ALASKA PERMANENT
FUND DIVIDEND" AND ON LINE 28, AFTER THE PERIOD AT THE END OF 2006 ANOTHER SENTENCE
READING, "FOR ALL OTHER PROPERTIES FY 2007, PROPERTY TAX MILL RATE SHALL BE 4.5 MILLS"
AND ANOTHER ADDITION AT THE BOTTOM, "BE IT FURTHER RESOLVED THAT PROOF OF ALASKA
PFD QUALIFICATION SHALL BE PRESENTED TO THE CITY CLERK'S OFFICE FOR VALIDATION AND
SUBSEQUENT NOTIFICATION OF TAX STATUS TO THE BOROUGH ASSESSOR."
Councilmember Heimbuch made the following points: There is considerable question about the legality of this
proposal. This is something that the public and Attorney need to weigh in on. Coming to a point in time that there is a
real dichotomy between people that live here all year round and the seasonal nature of this town. What is the public
attitude, the legal attitude about doing things related to residency. The Borough has done this at that level related to
Senior residency and tied it a lot tighter than just qualifications for a PFD (Permanent Fund Dividend), has a tiered
deal now that requires even a more lengthy stay of residency to qualify for the bigger reduction.
VOTE: (primary amendment 1.) YES: WYTHE, SHADLE, STARK, NOVAK, HEIMBUCH, McLAY.
Motion carried.
STARK/WYTHE - I'D LIKE TO MOVE AN AMENDMENT TO DELETE THE PHRASE BETWEEN, IN
PARAGRAPH STARTING WHEREAS ON LINE 12, BETWEEN THE TWO COMMAS, "INCLUDING SALES
TAX INCOME GREATER THAN BUDGETED", DELETE THAT.
Councilmember Stark noted that in the information provided by the City Manager, in his report, makes this statement
is no longer correct.
YES: (primary amendment 2.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Now reads:
WHEREAS, The City is basking in a substantial increase in revenue, [including sales tax income greater than
budgeted], $250,000 in State Revenue Sharing with an even greater amount expected in 2007, and expected opening
of the Fred Meyer store resulting in increased sales and property tax income of about $40,000 per month; and
NOW, THEREFORE, BE IT RESOLVED That the City of Homer hereby establishes the property tax mill rate for
Fiscal Year 2007 at 4.00 mills for properties owned by individuals who by use of that property as a primary
residence also qualify for State of Alaska Permanent Fund Dividend; and
BE IT FURTHER RESOLVED That proof of Alaska PFD qualification shall be presented to the City Clerk's Office for validation and subsequent notification of tax status to the Borough Assessor.
PASSED AND ADOPTED by the City Council of Homer, Alaska this 11th day of September, 2006. For all other properties FY 2007, property tax mill rate shall be 4.5 mills.
Comments: That the property tax has gone up substantially, based on the Borough assessments. It is not the City's
fault. This provides a chance to give something back to the property owners. Across the board the average increase in
property value is between 20% and 25%, some increase were 100%. One half a mill is not much to give back, but it is
something. This is a great idea to do this for City residents, especially those who get their PFDs. Reiteration of
Council's function, to run the City for the best interest of everyone involved. Will this Council increase the mill rate in
a couple of months if the City is running a short fall? Comment about the history of lowering the property tax earlier
this year that failed. It is time to do this since the City is ahead of the game on property tax income.
VOTE:(main amended motion) YES: STARK, NOVAK, HEIMBUCH, McLAY, SHADLE.
NO: WYTHE
Motion carried.
D. Consent Agenda Item E. Resolution 06-125, Of the City Council Recognizing the Intrinsic Value of a View Scape
on Private Property in Relationship to the Installation of Utilities. Shadle. Heimbuch. Recommend adoption.
WYTHE/McLAY - I WOULD MOVE FOR THE APPROVAL OF RESOLUTION 06-125.
Discussion: Recognize the passion and concern that is placed behind the view scape concept. There are some things
not addressed in the Resolution with regard to view scape and the largest of them is the following: When looking at
maintaining the value of one person's investment over the developmental possibility of another person's investment, is
this acting in the interest of a small few or acting in the interest of the whole. - "Is the value of my view and my
property greater than the value of your ability to develop your property?" This Resolution only gives a back drop
against which to make some of those subjective determinations for exceptions in Ordinance that this Council has when
granting an overhead placement of utilities. To be able to develop subjective decisions and stand behind them you
have to have what amounts to philosophy also, whether in the Community Design Manual, Comprehensive Plan or in
form of Resolutions. There is nothing wrong with considering view value when making decisions on - benefitting the
few at the expense of some others. It works both ways. This is entirely proper for Council to agonize about those
decisions. There is a financial appraised value on properties based upon view, access to view; monetary dollars to the
property owner, this is a key point in this resolution, recognizing that this has a monetary effect on the property owner
who is effected by a potential impingement of development in his view scape.
City Manager Wrede responded to Mayor Hornaday query, that he does not believe the City Attorney has looked at
this Resolution, but did look at the last one (1), adding that there is much less concern with this Resolution than with
the last one.
Discussion continued: Biggest difference between this Resolution and the last one, is that this is more compassionate,
respectful Resolution and is not making any body do anything. What this says is that if there is a more polite way to be
compassionate to thy neighbor put the utility in the ground and go this way instead of that way. This deals only with
the overhead utilities, which are completely regulated in new subdivisions, requiring the utilities to be underground. It
is desirable to preserve the values of your neighbors on private property. There are reasons for power to be over head,
such as with steep slope. Steep slope areas cannot be reasonably developed with power and put it underground.
Digging the root base up of the trees that hold the ground in place will guarantee damage to property on steep slopes,
whereas, power pole placement requires only trimming of the trees. Assertion that this Resolution does not stop a
property owner, in the situation of a steep slope, from putting in utilities overhead, if the property owner cannot put
the utilities underground
VOTE: YES: HEIMBUCH, SHADLE, STARK, NOVAK.
NO: McLAY, WYTHE,
Motion carried.
E. ConsentAgenda Item D. Resolution 06-124, Of the City Council of Homer, Alaska in Support of Keeping the
USCBD Hickory and USCGC Roanoke Island Based in Homer. Mayor. Recommend adoption.
STARK/SHADLE - MOVED FOR THE ADOPTION OF RESOLUTION 06-124 BY READING OF TITLE.
There was no discussion.
STARK/SHADLE - MOVED TO AMEND BY STRIKING THE FOLLOWING PHRASE IN THE SECOND
WHEREAS, THE PHRASE BEING, "AND THAT PROBLEM IS ESSENTIALLY RESOLVED."
Councilmember Stark stated that he has, actually, been working on this problem since last year with the Harbor
Master and City Manager. While the Homer City Code basically has that problem resolved, the truth of the matter is
that the Homer City Code is in error in this particular case because the City limits go right along the face of the DWD
and the Pioneer Dock. Working on methods that allow Code enforcement in what is now outside the City limits.
VOTE: (primary amendment)YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Second whereas now reads: WHEREAS' in the past local boaters' wakes have caused discomfort to Hickory crew but
in the past 6 months Homer has taken aggressive action to enforce the Code prohibition against wake speeds[ and that
problem is essentially resolved], and
There was no discussion.
VOTE: (main amended motion) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
COMMENTS OF THE AUDIENCE
Audience comments upon any matter.
There were no audience comments.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans was not present. Attorney Mike Kreger participated telephonically during Executive Session with
regarding the Kachemak Drive Phase I Water and Sewer Improvement and High Mast Light Installation and Ramp 7
Replacement Projects.
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 called the Council's attention to the nice plaque the City received from AML, which he has displayed
on the public address table, and the nice card that went around. Apparently this just could not have gone better thanks
to our good Clerk's Office and City Manager Wrede and Councilmember Stark for getting the AML Conference here.
Councilmember Stark interjected thanks to the Mayor.
Mayor Hornaday encouraged attendance at the Library festivities on September 15 and 16, which shows that even
when there is disagreement a lot of good things can get done.
COMMENTS OF THE CITY COUNCIL
Councilmember McLay had no more comment.
Councilmember Heimbuch commented that this was a good turn about meeting for him, that at the last meeting he
was 0 and 5 and tonight was 4 and 1, adding that he likes that score a whole lot better.
Councilmember Shadle announced that on September 14, this Thursday, from 10 a.m. to 4 p.m. here in the Council
Chambers the Alaska Division of Investments is going to be here looking for City of Homer residents that want to
borrow money, they have a big pile of money and that he just wants to see as many people come out and get some of
it to help the City of Homer out, this has to do with fishing, fishing improvements, things one can to one's boat,
buying IFQs, buying limited entry permits, and all sorts of things.
Councilmember Stark stated that the trouble with borrowing money is that it has to be paid back.
STARK/WYTHE - I MOVE FOR IMMEDIATE RECONSIDERATION OF RESOLUTION 06-122 SETTING
THE MILL RATE FOR FISCAL YEAR 07, AS AMENDED.
Councilmember Heimbuch voiced objection to immediate reconsideration, reasoning that if there are things that come
to light about legalities, new ideas, etc. reconsideration should wait.
VOTE: (reconsideration) YES: McLAY, WYTHE, SHADLE, STARK, HEIMBUCH.
NO: NOVAK.
Motion carried.
RESOLUTION 06-122(A) FOR RECONSIDERATION.
There was no discussion.
REVOTE: (Resolution 06-122(A)) YES: HEIMBUCH, McLAY, SHADLE, STARK.
NO: WYTHE, NOVAK.
Motion carried.
Councilmember Novak stated that this has been a lively meeting, that he hopes they have done some good things, that
he has some concerns and they have a budget in front of them and can hopefully match it with the funds that they have
and the revenue coming in.
Councilmember Wythe stated that once again her colleagues have left her speechless.
ADJOURNMENT
There being no further business to come before the Council, Mayor Hornaday adjourned the meeting at 9:32.44 p.m.
The next Regular Meeting is scheduled for Monday, September 25, 2006 at 7 p.m. and the next Committee of the
Whole is scheduled for Monday, September 25, 2006 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. Resolution 06-111, Of the Homer City Council Relating to "View" as an Emerging Private Property Right. Failed on August 28, 2006