Session 04-22, a Regular Meeting of the Homer City Council was called to order at 7:06 p.m. by Mayor Jack Cushing at the Homer City Hall Council Chambers located at 491 E Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

Council met as a Committee of the Whole from 4:04 p.m. to 5:11 p.m. Re: Regular Meeting agenda Items.

Council conducted a Special Meeting from 5:32 p.m. to 6:30 p.m. Re: Executive Session on the Hurlen Claim, Pioneer Dock project.

PRESENT: COUNCILMEMBERS: BECK, FENSKE, NOVAK, STARK, YOURKOWSKI.

STAFF: CITY MANAGER WREDE

CITY CLERK CALHOUN

LIBRARY DIRECTOR HILL

ABSENT: COUNCILMEMBER: LADD (resigned)

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.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public comments upon any matter on the agenda except Public Hearing items: Ordinance 04-44,Expenditure of Homer Accelerated Road Program (HARP) Funds for the Spruceview Avenue Road Reconstruction and Paving Assessment District Project; Ordinance 04-46, USDA Community Facilities Grant of $100,000.00 for Planning Costs for the New Homer Public Library Project; and Ordinance 04-48, Amending Homer City Code Title 21 to add Uses Under Conditional Uses, To Provide for Indoor and Outdoor Recreational Facilities.

There were no public comments.

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 September 13, 2004 Regular Meeting. City Clerk. Recommend approval.

B. Resolution 04-85, Of the City Council Finding the Need to Create the East End Road Water and Sewer Local Improvement District and Setting a Public Hearing Date of November 8, 2004. City Clerk. (Fiscal Note: Sewer - Total cost estimated is $303,911.79; 75% = $227,933.84; would be assessed against each of 11 parcels = $20,721.26, twenty year payment plan at 2.5% interest. Water- Total cost estimated is $334,719.27; 75% = $251,039.45 would be assessed against each of 16 parcels = $15,689.97, twenty year payment plan at 2.5% interest. ) Recommend adoption.

C. Memorandum 04-138, from Mayor, Re: Reappointment of Carole Hamik, Cherish Bee McCallum, Deborah Poore and Mimi Tolva to the Parks and Recreation Commission. Recommend confirmation.

D. Memorandum 04-139, through City Manager, Re: Dale Haley, dba, Bay Vending Service Concession Lease, Airport General Concession Sublease. Recommend approval.

FENSKE/BECK - MOVED FOR THE APPROVAL AND/OR ADOPTION OF THE RECOMMENDATIONS OF THE CONSENT AGENDA AS READ.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

None scheduled.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. John Velsko, City's Representative on the Prince William Sound Regional Citizens' Advisory Council (PWS RCAC) Report.

John Velsko reported that he attended his first meeting of the PWSRCAC on the 16th and 17th in Kenai. For those who are not familiar with the group, Mr. Velsko recounted how the PWSRCAC was formed:

He advised that the PWSRCAC is a fairly large Council and represents communities that were impacted by the EXXON VALDEZ oil spill, commercial fishing interests, tourism and environmental groups. He reported that the PWSRCAC has a pretty large budget, $2.7 million. A lot of time was taken up at the meeting discussing budgetary matters. There was a technical scope to the meeting, he interjected that there are about five pages of acronyms. He pointed out that there are two things that might be of interest to the City of Homer:

1. Valdez Marine terminal is going to be going through a major restructuring next year. Part of that restructuring means quite a loss of jobs in Valdez. Property values are already beginning to fall. They also want to take out the west tank farm - six storage tanks. It appears that the engineers are saying that, in the foreseeable future, the pipeline is going to be operating at about 60 percent of capacity. The new oil fields are not making up for the decline in Prudhoe Bay. Therefore, the City can forget about revenue sharing coming back.

2. Item of interest to the local fishing fleet. He spoke with fishing vessel training coordinators about the possibility of starting a core fleet for the fishing vessels here much like the fleet in Valdez and Cordova. Currently, Alyeska comes once a year to Homer in the Spring to provide fishing vessel training to about 80 vessels. Many vessels are hauled out for the winter and if there ever was a spill, depending on the tides, a lot of those vessels would not be able to get out into the water for several days. In Cordova and Valdez a core fleet is paid to keep vessels in the water and be ready to respond to a spill. Mr. Velsko suggested that this would be a good idea for Homer and would give the fleet a little bit of monetary incentive to stay in the water.

Mr. Velsko advised that the PWSRCAC is reviewing the oil spill plan for the outer Kenai coast. He advise that he brought this up for the preliminary plans for the Oil Spill Contingency Plans.

In response to Council inquiry Mr. Velsko stated that it is pretty amazing that PWSRCAC is still up to speed, that they have a big budget, they do a lot of research, a lot of water sampling at the Valdez Marine Terminal, are studying the outer Kenai coast and that they do realize that it is one of the most difficult areas to access and therefore, are constantly changing plans and strategies.

Mayor Cushing commented about Cook Inlet RCAC being the little sibling, at about 40 percent of the funding and that they rely heavily on the PWSRCAC studies, such as the Tractor Tug Study. He advised that there is a movement to try to get a tractor tug or some kind of a response tug that could be on the lower peninsula. He noted that tug assistance is some eight hours away in Anchorage, which is felt to be too far away by the folks here. He encouraged Mr. Velsko to use any influence he can to keep folks aware of the problems here.

Mr. Velsko reported that the Port Captain of Valdez for the USCG, Commander Swanson, is very knowledgeable, is almost like a scientist, and is very in tune with safety and with the safe transport of oil. Mr. Velsko suggested that, in the future, he may be someone to approach on something like that.

PUBLIC HEARING(S)

A. Ordinance 04-44, Of the City Council Authorizing the Expenditure of Homer Accelerated Road Program (HARP) Funds for the Spruceview Avenue Road Reconstruction and Paving Assessment District Project. City Manager. (Fiscal Note: Estimated project cost $400,000.00, Project No: 160-766: Assessments are $185,186.11. $30 per front foot for reconstruction and $17 per front foot for paving.) (First Reading September 13, 2004, Public Hearing and Second Reading September 27, 2004.)

There was no Public Testimony.

BECK/FENSKE - MOVED FOR THE ADOPTION OF ORDINANCE 04-44 BY READING OF TITLE FOR SECOND AND FINAL READING.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS.

Motion carried.

B. Ordinance 04-46, Of the City Council of Homer, Alaska, Accepting and Appropriating a USDA Community Facilities Grant of $100,000.00 for Planning Costs for the New Homer Public Library Project and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. (Fiscal Note: Project No. 151-722, revenue and expenditure.) (First Reading September 13, 2004, Public Hearing and Second Reading September 27, 2004.)

There was no Public Testimony.

Mayor Cushing acknowledged the presence of the Chair of the Library Advisory Board and the Library Director.

NOVAK/FENSKE - MOVED FOR THE ADOPTION OF ORDINANCE 04-04 BY READING OF TITLE ONLY.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

C. Ordinance 04-48, Of the City Council of Homer Alaska, Amending Homer City Code Chapters 21.44, Rural Residential District, 21.45 Urban Residential District, 21.48 Central Business District, 21.49 General Commercial 1 District, 21.50 General Commercial 2 District, 21.52 Marine Commercial District, 21.53 Marine Industrial District, and 21.54 Open Space - Recreational District, Adding Uses Under Conditional Uses, To Provide for Indoor and Outdoor Recreational Facilities. Novak.(First Reading September 13, 2004, Public Hearing September 27, 2004, Second Reading on October 11, 2004.)

Dan Layland, Homer Hockey Association Boardmember and Hockey Parent, voiced support of the passage of Ordinance 04-48 for additional recreational use in the City.

Bill Smith, introduced himself as Citizen Smith, voiced appreciation for the Mayor's declaring a conflict of interest in this issue, knowing his involvement in the various aspects of this. Mr. Smith stated that in the overall context of things as this was developed it came about because of the idea of the Hockey facility on the Spit. He pointed out that in the larger context it became apparent that the zoning did not exist to put a hockey facility anywhere else but in the Central Business District. He advised that he was not involved in all aspects and they began to look at the development of this Ordinance in terms of the City needs as a whole. He commented about previous discussions of building the facility at Jack Gist Park, at some point, which was not allowed by the current zoning. He pointed out that the Ordinance as a whole is a definite benefit to the whole City and fills in some holes not previously considered. He voiced disagreement with the Mayor's stepping down and voicing a conflict of interest. He objected to the idea that this is some sort of spot zoning to benefit one company or organization. He advised the Council that he is responding to a number of Mr. Griswold's comments. He reported that the reason bowling alleys were deleted was that there was a standard sort of language set out and then put into each zone. He reiterated what he testified to the Planning Commission, that when one looks at this in context it makes sense to site some types of facilities in marine areas as a conditional use, not something like a bowling alley, which is a fixed year round kind of use that can be better accommodated in other areas of the City. Mr. Smith reported that the Planning Commission did adopt that suggestion, to delete bowling alleys, and then similarly felt that golf courses could be deleted from those areas. He emphasized that there are a lot of positive reasons for supporting this Ordinance, that this Ordinance is not presented by an individual who is trying to rezone and that this is a proposed City wide amendment to the Zoning Code by a City Councilmember. Mr. Smith commented on the letter from City Attorney, Gordon Tans, that talks about rezoning a single lot, which has considerably different standards. He noted that detriments of the Ordinance were throughly discussed by the Port and Harbor and Planning Commissions. He expressed his support of the Ordinance, pointing out that this is a needed amendment to build different facilities in the City, such as Karen Hornaday Hillside Park which could stand to have some indoor facilities, at some point, as well.

Val McLay voiced concern regarding the Marine Industrial and Marine Commercial Districts being used for recreational purposes unless there is a need for a short time. He suggested that there be a time limit on a conditional use, so that a conditional use does not end up in the Marine Industrial or Marine Commercial for recreational purposes. He voiced concern about this Ordinance creating the potential for losing property for Marine industrial and commercial purposes, adding that this has always been one of his real concerns and was while he was on the Port/Harbor Commission. He emphasized that the port needs to be marketed and the properties need to be available for marine purposes. He stated that he would not have a problem if there is a need, for a period of time, such as six months or a year or until something else can be brought to the front.

ORDINANCE(S)

None scheduled.

CITY MANAGER'S REPORT

A. City Manager's Report

Councilmember Fenske noted the kudos the City Manager received for submitting the questions and answers on the two propositions to the two newspapers for publication. He stated that he thought these were very informative and helpful. He also commended Anne Marie Holen for the follow up on some of the grants that she has been pursuing for the City, the latest of which is an EDD grant that will allow up to $30,000.00 for a feasibility study for a Convention Center for the Town Center area. He shared his excitement with these items.

COMMITTEE REPORT

A. Town Center Development Committee meeting held on August 26, 2004. Next meeting scheduled for September 30th at 6 p.m. at the Homer Chamber of Commerce.

Councilmember Beck noted that Chair Smith gave a report at the last meeting.

Councilmember Stark inquired as to the number of members required to make a quorum and that he noted there were only four members present at the last meeting.

City Clerk Calhoun, responding to the Mayor's inquiry about the quorum being set, advised that she would copy the Town Center membership Memorandum to the Council.

B. Road Standards Committee. Next meeting scheduled for September 28th at 6:30 p.m.

Councilmember Yourkowski reported that the Road Standards Committee Meeting had been canceled.

PENDING BUSINESS

None scheduled.

NEW BUSINESS

None scheduled.

RESOLUTIONS

A. Resolution 04-78(S), Of the Homer City Council Supporting Alaska Department of Environmental Conservation (ADEC) in their Efforts to Gain Funding for Projects in the Homer Area. (Public Hearing September 13, 2004, Adoption scheduled for September 27, 2004.)

FENSKE/BECK - MOVED FOR THE ADOPTION OF RESOLUTION 04-78(S) BY READING OF TITLE.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

1. The Homer Water Improvement Phase 2, Preliminary Design.

2. Bridge Creek Watershed Land Acquisition

3. West Hill Water Transmission Main

4. Mountain View to East Hill Water Main

5. Septic Tank Pumpage Dump Station

6. Spit Waterline Replacement, Phase 4           

B. Resolution 04-79, Of the Homer City Council Supporting Area-Wide Projects. (Public Hearing September 13, 2004, Adoption scheduled for September 27, 2004.)

BECK/FENSKE - MOVED FOR THE ADOPTION OF RESOLUTION 04-79 BY READING OF TITLE.

There was no discussion.

BECK/YOURKOWSKI - MOVED TO AMEND RESOLUTION 04-79 TO ELIMINATE NUMBER FOUR, LOWER PENINSULA MARINE TRANSPORTATION SYSTEM.

Councilmember Beck advised that her motion responds to the recommendation at the Committee of the Whole to delete this item.

Councilmember Yourkowski noted that this project has not been reviewed enough to have on the list at this point.

Mayor Cushing noted that generally when projects get this far there is a full page description that goes through the hearing process with the public and this project description is not completed. He noted that the Council also expressed concern about how the private sector might feel about this and that it might imply that there is going to be semi publicly funded water taxis and ferry boats and guide boats and tugs and landing craft. He emphasized that this is not the intent of anyone and more work is needed on the project description with input from the private sector and public. He noted that there are some things such as dock facility structures that the Council would want to support.

VOTE:(primary amendment 1.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

There was no further discussion.

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

Motion carried.

1. Kachemak Bay Campus Expansion

2. Deep Water Dock Construction, Phase II

3. Williamsport/Pile Bay Road Rehabilitation

4. Senior Housing

5. Community Ice Rink/Recreation Facility

6. Pratt Museum Porch Repair     

7. Convention and Cultural Center

8. Homer Center for the Arts Renovation

9. Alternative Water Source Feasibility Study

10. Town Center Infrastructure

C. Resolution 04-80(S), Of the Homer City council Adopting Capital Projects/Legislative Request for FY2006 and Requesting Appropriate Funding.(Public Hearing September 13, 2004,Adoption scheduled for September 27, 2004.)

NOVAK/BECK - MOVED FOR THE ADOPTION OF RESOLUTION 04-80(S) BY READING OF TITLE.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

1.         The Homer Water Improvement Phase 2, Preliminary Design       

2.        Deep Water Dock Corrosion Control                                                                  

3.         Homer Public Library

4.         Skyline Fire Station         

5.         Deep Water Dock Construction, Phase 2

6.         Deep Water Dock, Berth 1 Fendering System Upgrade, Phase 2

7.         Fire Engine Replacement/Aerial Truck

8.         Pioneer Avenue Upgrade/Downtown Restrooms

9.         East Boat Harbor

10.       Port and Harbor Public Restrooms

11.       Large Equipment Storage Shed

12.       Septic Tank Pumpage Dump Station

13.       Bridge Creek Watershed Land Acquisition

14.       Kachemak Drive Improvements

15.       Harbor Pedestrian Ways

D. Resolution 04-81, Of the Homer City Council Adopting the "City of Homer Capital Improvement Plan 2005 through 2010" as the Official Six Year Capital Improvement Plan for the City of Homer. (Public Hearing September 13, 2004, Adoption scheduled for September 27, 2004.)

STARK/BECK - MOVED FOR THE ADOPTION OF RESOLUTION 04-81 BY READING OF TITLE.

There was no discussion.

STARK/BECK - MOVED TO AMEND (packet) PAGE 158 PAVING SKYLINE EAST, DIAMOND RIDGE, OHLSEN MOUNTAIN ROAD TO ADD IN THIRD LINE DOWN AFTER SKYLINE EAST, THE PHRASE, /HUDSPETH (TO SCHOOL BUS TURN AROUND).

Councilmember Stark noted that this amendment does not change anything, that it is a clarification for DOT. This is really the same road, the last mile of Skyline Drive is called Hudspeth and notes that the improvements go past Ohlsen Mountain Road.

VOTE: (primary amendment 1. ) YES: NON OBJECTION .UNANIMOUS CONSENT.

Motion carried.

BECK/NOVAK - MOVED TO AMEND RESOLUTION 04-81 BY REMOVING PAGE 52 (page 188 of the Packet) OF THE CITY OF HOMER CAPITAL IMPROVEMENT PLAN WHICH IS THE PUBLIC SAFETY IN TOWN CENTER.

Councilmember Beck advised that this particular item was given to the Council by the Planning Commission but it had not as yet been discussed by either the Town Center Development Committee or the City Council.

Councilmember Stark voiced his opinion that in ten years a new Police Station, Public Safety Facility, new Fire Station will be needed, but not in the Town Center. He suggested the following:

VOTE:(primary amendment 2.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

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

Motion carried.

E. Resolution 04-82, Of the City Council Amending the City Manager's Contract. Mayor and City Council. (Contract amendment will increase the City Manager's salary by $5,000.00, for a total of $90,000.00 and increase the City Manager's leave accrual by 6 days for a total of 30 days per year. Fiscal Note: 100.5101.110 City Manager Salary. Annual impact with salary increase is $5,000.00 and with additional leave days is $2,076.48 based on $90,000.00. )

FENSKE/STARK - MOVED FOR THE ADOPTION OF RESOLUTION 04-82 BY READING OF TITLE AND RECOMMENDATION OF RESOLUTION 04-82.

City Manager Wrede was commended for his work as City Manager and for his interaction with the public, Council and Commissions. Council stated that the increases are earned. The Manager was commended for his work to reach conclusions on some of the issues with which the Council has been faced. Council relayed and shared the positive feed back from the City employees, adding that the City is running smoothly.

Mayor Cushing echoed the Council comments, adding that the Manager's job is on fair scale with cities of comparable size. He noted that the severance package is in line with the private sector and that the Council's decision was based on an external parity study.

City Manager Wrede voiced appreciation for the support that he has had the last year and a half.

VOTE: 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.

COMMENTS OF THE CITY CLERK

City Clerk Calhoun reminded everyone to get out and vote. She advised that the West Homer Elementary Students are collecting the "I Voted" stickers and will receive patriotic gifts from the City Clerk's Office.

COMMENTS OF THE CITY MANAGER

City Manager had no comment.

COMMENTS OF THE MAYOR

Mayor Cushing reported that he and Councilmember Beck would be traveling next meeting on behalf of the City. He suggested, since there will only be four Councilmembers at the next meeting, that items be postponed that appear to need more than just four people weighing in, interjecting that there have been many four person meetings before and that the Council made a perfectly good go at it.

COMMENTS OF THE CITY COUNCIL

Councilmember Stark requested that the Council ask the Road Standards Committee for input regarding signalization at the intersection of Lake Street and the Sterling Highway. He noted that the Committee has reported to the Council numerous times; however, have not really said anything other than enumerating the various factors. He advised that the Chairman was in agreement; however, would want the Council to request that.

Mayor Cushing suggested/inquired about it being more prudent to see what Fred Meyer is going to recommend in their traffic analysis. He noted that Fred Meyer has to put together a proposal that might not only include a traffic light or other means of traffic control, it might include funding participation.

Councilmember Stark emphasized that this would be totally funded by the state and totally maintained and electricity paid for by the state, that the state wants to do it and that there are studies indicating that it is warranted and justified, including the City's transportation plan.

Councilmember Fenske voiced his belief that the state is going to be coming back with their traffic study and recommendations, which should be completed about now; therefore, it seems appropriate to wait on that. He voiced his pleasure to see, in his mailbox, the Conservation Easement for Louis Lagoon, the baseline document report. He noted that the Mayor signed this on September 17th and commended the Mayor for his time and diligent work on this Conservation Easement.

Mayor Cushing commented on this being fun to get this one done.

Councilmember Yourkowski and Stark noted that this Conservation Easement has been in the works since 1995.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 8:05 p.m. The next Regular Meeting is scheduled for Monday, October 11, 2004 at 7 p.m. The next Committee of the Whole meeting is scheduled for Monday, October 11, 2004 at 4 p.m. All meetings scheduled to be held in the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.
_____________________________________

MARY L. CALHOUN, CMC, CITY CLERK
Approved: _______________ City Clerk's Office, clerk@ci.homer.ak.us, 235-3130.