Session 09-20 a Regular Meeting of the Homer City Council was called to order on September 28, 2009 at 7:00 p.m. by Mayor Pro Tempore Dennis Novak at the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance. 

 

PRESENT:          COUNCILMEMBERS:            HOWARD, LEWIS, NOVAK, ROBERTS,                                                                             WYTHE, ZAK

 

                              STAFF:                                        ACTING CITY MANAGER ROBL

                                                                                    CITY CLERK JOHNSON

                                                                                    CITY PLANNER ABBOUD

                                                                                    FINANCE DIRECTOR HARVILLE

LIBRARY DIRECTOR HILL

PORT/HARBOR DIRECTOR HAWKINS

PUBLIC WORKS DIRECTOR MEYER

 

Mayor Hornaday has requested excusal.

 

Department Heads may be called upon from time to time to participate via teleconference.

 

Council met as a Committee of the Whole from 4:00 p.m. to 5:26 p.m. to discuss 2010 Budget; Ordinance 09-40, An Ordinance of the City Council of Homer, Alaska Adopting the 2008 Homer Comprehensive Plan and Recommending Adoption by the Kenai Peninsula Borough. City Manager; Ordinance 09-42(A) and 09-42(A)(S), An Ordinance of the City Council of Homer, Alaska, Adopting Homer City Code Chapter 19.02, Special Events, Requiring Permits for Special Events in the City, and Authorizing Charges for City Services Required for Special Events. City Manager; and Regular Meeting Agenda items. A Worksession was conducted from 5:42 p.m. to 6:40 p.m. to discuss Capital Improvement Plan 2010-2015 / FY 2010 Legislative Requests.

 

AGENDA APPROVAL

 

(Addition of items to or removing items from the agenda will be by unanimous consent of the Council. HCC 1.24.040.)

 

Mayor Pro Tempore Novak called for a motion for the approval of the agenda.

 

WYTHE/LEWIS - SO MOVED.

 

The following amendments to the agenda were made by unanimous consent of the Council:

 

PUBLIC HEARINGS - Ordinance 09-39(S), Memorandum 09-132 from Port and Harbor Advisory Commission, Re: Changes to the Port and Harbor Advisory Commission Meeting Schedule; ORDINANCES - Emergency Ordinance 09-49(S), Of the City Council of Homer, Alaska, Appropriating $15,000 from the Port and Harbor Reserves to Make Emergency Repairs at the Nick Dudiak Fishing Lagoon Handicapped Access Ramp. City Manager.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

 

Leonard Wells, city resident, commented on Ordinance 09-47 and the whereas clause pertaining to renewal of a public sign every five years. He questioned if it came back before the commission for approval or denial?

 

Rika Moew, city resident, thanked Councilmember Dennis Novak for six years of service to the community. She asked Council to remember the nonprofits in the 2010 budget and reminded the audience of the public economic development worksession tomorrow evening. The hospital, college, museum, arts and cultural community bring visitors to Homer with dollars to spend. The city provides nominal funds and realizes ten times that amount in return. 

 

Tina Day, city resident, supports the Hoka Hey Challenge. It would be a shame if the city didn’t do what was possible to assist the group in its effort. It is a worldwide attention event with millions of dollars within one week. She understands Council’s reservations and hopes all concerns will be addressed.

 

Asia Freeman, city resident and Executive Director for Bunnell Art Gallery, spoke in favor of funding the Boys and Girls Club and nonprofits. Nonprofits provide vital stimuli and with government contributions they are able to leverage more private funding. She also supports sales tax on non prepared food items.

 

Marie Walli, Homer resident, supports Resolution 09-94 for the Hoka Hey Challenge.  Representing the Driftwood Inn, RV park and charters, they have hosted the HOG MBA fund drive for the last six years. More than 250 riders come to Homer and ride to Soldotna for the benefit. They host 50 riders with 75 to 100 bikes. Local businesses will welcome Hoka Hey riders with open arms.

 

Robert Day, Homer resident, supports Hoka Hey. Alaska is the state with the largest number of motorcyclists per capita population. These are not the 1950’s motorcycle gang people. Their bikes are expensive; they are professional people with money to spend. There should be no hesitancy about welcoming them to our community.

 

Greg Martin, Homer resident, supports the Hoka Hey Challenge. It is every vendor’s dream in Homer, as everyone stands to make money. B&B’s, RV parks, and auto repair businesses will all make money; it is the most money the City of Homer could make in a month on the tax base. He paid his entry fee and will go to Florida to see his grandfather and ride home with him.

 

Steve Zimmerman, city resident, supports Hoka Hey. Noting that the wind energy ordinance was back, he urged Council not to override the veto and to look at an ordinance one can live with.

 

Lou Lovelace represents Time Bandit Productions. She supports Hoka Hey which will only bring more to the community on many levels.

 

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 September 14, 2009 Regular Meeting. City Clerk.

 

Mayor Pro Tempore Novak called for a motion for the adoption of the consent agenda as read.

 

ZAK/ROBERTS - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

VISITORS

 

A.                Hoka Hey Motorcycle Challenge Organizers

 

Elizabeth Moyer-Durham, Trustee for the Medicine Show Land Trust, the organization that is promoting the Hoka Hey Motorcycle Challenge. Annie Malloy, Director of West Coast Operations was introduced. Ms. Durham’s husband James Red Cloud is in Las Vegas promoting the challenge, coordinating with sponsors and a PR company. Annie and James are in the legal profession and Elizabeth is an environmental scientist. She assured Council they will do their utmost to make sure the operation goes seamlessly to everyone’s liking. The challenge originated after they lost a dear friend, a Vietnam veteran. James wanted the chance to ride with 1,000 warriors. They have worked tirelessly since 2008 to make it happen. On a prior visit the hospitality of Homer was most inviting. Applicants are screened by application. People from all walks of life and all around the world have signed up. Many feel they need the challenge. Many are vets who when riding motorcycles offer them the chance to express the freedom they fought for. Fundraising efforts are inspirational to a number of people. Two participants are disabled veterans paralyzed from the limbs down, who will be allowed a modified vehicle. It is an amazing adventure, limited to 1,000 participants, many who will bring families, and several who will not complete the challenge. It is estimated 80% will make it; with support vehicles and family it could bring 2,500 to 3,000 people to Homer. Elizabeth and Annie have had several meetings with English Bay Corporation and city officials to answer questions. The event covers 7,000 miles with participants in Homer from the first of July through the 4th.

 

Questions from Councilmembers were answered:

Hoka Hey” stands for “It’s a good day to die”. It was Crazy Horse’s battle cry, or call to war. Many veteran riders appreciate the intent, physical challenge, elements, and distance. In planning for the post challenge, Elizabeth and Annie met with English Bay. They visited the chip pad, hockey rink, and finish line for challengers. On the 4th of July they will be kept out of the way, will provide private security, and will limit the number of people allowed in the celebration. There will be no tickets sold at the gate; tickets will all be presold. Tickets will sell for $50 or above.

 

B.        Tina Day – Chamber of Commerce, Bryan Zak – SBDC Economic Development Plans and SBD Funding Update

 

Bryan Zak, Small Business Development Center, reported City Council funded $15,000 to the Alaska Small Business Development Center, providing a part time counselor (himself) at the Chamber of Commerce, 2-3 days a week, offering free business consulting and workshops. They provide:

·         Buy Local Buy Alaska, free website of Alaskan local communities and businesses

·         APEC’s Alaska performance – learn to do things more efficiently with less cost

·         Procurement Technical Assistance Service – becoming a government contractor can benefit every small business

·         Trend - offers patents

 

Since March 16th he has counseled 278 people, with 11 new business start-ups hiring 22 employees, providing $1,154,000 to the community. The City’s funding went to workshops, books and the programs. The relationship with the Economic Development Advisory Commission helps in looking at Homer’s future. Additionally, the Chamber’s Economic Committee is starting an incubator business. If people need help in marketing and finances they can direct them to the appropriate individuals.

 

Jenny Martin, Chamber of Commerce Executive Assistant and Membership Coordinator, coordinates the Chamber’s outreach program to learn more of businesses and their needs. They are developing a marketing campaign to encourage the community to shop local as it saves time, energy, and fuel costs and they may beat competitor’s prices. The Check Local Buy Local marketing campaign will include promotional materials for participating businesses and advertising. They are working with the Buy Alaska statewide program to develop a link between the Chamber’s check local and the database. Participating Chamber members will pay $50 to $100 per year and the Chamber will provide staff for the program. The Check Local Buy Local program will be unveiled at the October 20th luncheon at Best Western Bidarka.

 

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH             REPORT/COMMISSION REPORTS

 

Commissions/Board Reports:

 

A.                Library Advisory Board

 

Eileen Faulkner, Library Advisory Board Chair, reported the findings on the community wide survey conducted some time ago, with 500 responses of actions people wanted the library to accomplish. A new sign identifying the library has been placed and the Friends are providing added signage on Hazel Avenue. There are new book bins for children, new computer capabilities with self help printing, and download capabilities. Books are constantly being updated, as well as art exhibits. The Rotary adopted a section of the parking lot garden area and landscaping made a significant push with volunteers and hired help. This winter they are hoping the lake in the parking lot will not be an issue. There is concern with high energy costs and an energy audit is under review by the City. The survey indicated a need for the library to be open more hours and days. With the 2010 budget that may not happen. The library averages 441 people on a daily basis, increasing to 600 people after a Monday holiday closure. The LAB does not agree with Resolution 09-88, as it would impede business. They suggested five meetings on different months if necessary. If that passes it would create longer meetings and special sessions.

 

B.        Homer Advisory Planning Commission

 

C.        Economic Development Advisory Commission

 

Dean Ravin, Economic Development Advisory Commissioner, asked that the current meeting schedule of once a month be retained. A reduction in meetings will disallow them from getting anything done. They could explore meeting in a private place, as the State Open Meetings Act allows for alternate venues. EDC would like a ruling from Council on teleconferencing. Charters use it and Alaska Statutes allow it and he doesn’t see why an advisory commission cannot share that. References to Town Square have fallen back into the Comprehensive Plan even though by 67% vote is was clear there was no support for Town Center/City Hall.  

 

D.        Parks and Recreation Advisory Commission

 

E.         Port and Harbor Advisory Commission

 

Kevin Hogan, Port and Harbor Commissioner, reported the commission made recommendations on the CIP list. They discussed and recommended to retain the meeting schedule as it is. It is no way to affect savings, as they need to accomplish goals. Council could outsource minute taking to save costs.

 

PUBLIC HEARING(S)                                                                               

 

A.        2010 Budget

 

Mayor Pro Tempore Novak opened the public hearing.

 

Greg Martin, Homer resident, advocated for the Boys and Girls Club, stating without it the City would be paying for extra police service for the kids. The City is equipment poor with the Public Works Department having a supply of equipment that is not running every day. The directors feel it is necessary, although the Forest Service finds equipment in a moment to fight fires. He suggested that the City set up a vendor list with local contractors that can provide equipment at a moment’s notice. The City could rent vs. own equipment without maintenance costs.

 

Chris Etzwiler, Homer resident, supports funding Community Schools. As a regular volunteer and participant he believes it is important to fund. In 2006 voters approved Community Schools as a city function; it is the recreation in parks and rec. There are 4,000 participants, 226 programs, and businesses now can advertise in the Community Schools catalog. The cost is $63,000 to fund; the amount to fund the Animal Shelter for one year will fund Community Schools for three years.

 

Kelly Jackman, city resident, advocated for the Boys and Girls Club. The City’s poor planning and lack of prevention are the cause for closing the building. The City did nothing in the last ten years to make the building efficient. Energy savings and efficiency need to be the pervading factor in any building the City maintains. Inflated fuel costs have been spent on the building over the years when money could have been put toward a more fuel efficient system to keep costs down. The City replaced the boiler just a year ago, why not ten years ago? The adjacent building that houses City employees and storage sucks $30,000 in fuel annually.

 

Robert Archibald, city resident and volunteer, advocated for financial support to the Homer Foundation. Funding from the Homer Foundation indicates support to non profits from the City of Homer. Granting organizations want to see support from local government.  No support to the Homer Foundation will have a big effect on non profits.

 

Phaedra Bennett, city resident and Boys and Girls Club employee, provided a scenario of a typical day at the club. The club provides afterschool programming and mentoring to a daily average of 58 kids. Staff includes gym, computer lab, art, kitchen, and homework tutor. When students arrive there is free time to work on homework and then organized activities with adult supervision. At 4:00 p.m. they all gather in the gymnasium for circle time to present the day’s activities and make announcements. A snack is then served. From 4:30 to 5:30 p.m. they are in programmed activities, structured and supervised. At 5:30 p.m. free time begins until parents arrive.

 

Kevin Meeker, city resident and senior, advocated for the Boys and Girls Club. For many years he spent two to three hours at the club each day. He doesn’t understand how the City comes up with several thousand dollars to fund a road that only a few will use and can’t pay for services for the youth of the community. Kids get into drugs when they have nothing better to do. He is also against cutting college courses. You can’t run a City without taxing and can’t have services without taxing.

 

Daniel Shannon, city resident, commented that cutting funding for the Boys and Girls Club is due to energy costs. When spending money, you need to ask if it is essential. If it is not essential and you don’t have the money you don’t pay. Community Schools is a good program, averaging $10 per person. Without sales tax you could pay for something you use without expecting someone else to pay for it. It costs $80,000 a year to run the Boys and Girls Club. With 400 people using it that is less than 60¢ a day, $3 a week, or $12 a month. Spend the money you save on sales tax on yourself. Many of the kids walk around with a can of Red Bull, which would pay for two weeks. People can take care of people without waiting for the government to take care of them.

 

Joe Fletcher, Homer resident, has been paying taxes for 29 years. Council should slash the budget to the Boys and Girls Club and send the money to the boys and girls in Afghanistan and Iraq because Hoka Hey, it’s a good day to die. Mr. Fletcher presented Council with CD’s on 911 Lies.

 

Mayor Pro Tempore Novak closed the public hearing.

 

B.                 2010-2015 Capital Improvement Plan & FY 2010 Legislative Request  

 

Memorandum 09-124 from Special Projects Coordinator as backup.

           

Mayor Pro Tempore Novak opened the public hearing.

 

Steve Zimmerman, city resident, doesn’t want to see a pile of traffic lights creating stop and go. He would like to see roundabouts.

 

Leonard Wells, city resident, disagrees with past councils and the current one for only placing 15 items on the list. Non profits and capital improvements should be listed at the back of the list. He is not sure if the $50,000 minimum is State imposed or Council imposed.

 

Mayor Pro Tempore Novak closed the public hearing.

 

Mayor Pro Tempore Novak called for a recess at 8:28 p.m. and reconvened the meeting at 8:37 p.m.        

 

C.        Ordinance 09-39(S), An Ordinance of the City Council of Homer, Alaska, Amending Homer City Code, 1.72.030, Proceedings of the Commission, 1.74.030, Proceedings of the Commission, And 1.78.030, Proceedings of the Commissions to Decrease the Frequency of Regular Meetings of the Port And Harbor Advisory Commission, Parks and Recreation Advisory Commission and Economic Development Advisory Commission from Once a Month to Once Every Other Month. Novak.   Introduction August 24, 2009, Public Hearing and Second Reading September 28, 2009.                           

 

            Memorandum 09-123 from Economic Development Advisory Commission as backup.                                                                                                                              

            Memorandum 09-132 from Port and Harbor Advisory Commission, Re: Changes to the Port and Harbor Advisory Commission Meeting Schedule.    

 

Mayor Pro Tempore Novak opened the public hearing.        

 

Kevin Hogan, Economic Development Advisory Commissioner and Port and Harbor Advisory Commissioner, understands the intent to save money. He suggested giving the commissions a budget and let them figure out how to save money. There is no need to restrict the meetings, as that is how they accomplish work. Start with the Committee of the Whole that takes a lot of staff time and talk about business at the regular meeting as it was done before the Committee of the Whole meetings existed. On the Lease Committee, it is staff department head heavy with over $1,000 in staff time involved for each meeting. He is not comfortable with staff sending policy. A different structure would save money without high priced department heads doing something the citizens should be doing. Applications for commissioners are pending and appointments are not being made.

 

Dean Ravin, Economic Development Advisory Commissioner, echoed Kevin’s sentiments. The City Council is paid help, while commissioners don’t charge the City. They are purely volunteer. The commission could meet elsewhere with a modification to the charter. At the last meeting the building had no electricity; the commission had their own lighting.

 

Steve Zimmerman, Port and Harbor Advisory Commissioner, requested meetings remain monthly. Citizens have to go through different commissions before reaching City Council and adding a month can add a lot of time to an already lengthy process.

 

Mayor Pro Tempore Novak closed the public hearing.

 

Mayor Pro Tempore Novak called for a motion for the adoption of Ordinance 09-39(S) by reading of title only for second and final reading.

 

WYTHE/ROBERTS – SO MOVED.

 

Discussion ensued on the need to keep commission seats filled; the responsibility of recruiting members rests with Council.

 

VOTE: NO. HOWARD, LEWIS, ROBERTS, WYTHE, ZAK, NOVAK

 

Motion failed.

 

D.        Ordinance 09-41, An Ordinance of the City Council of Homer, Alaska, Accepting and Appropriating a Rasmuson Foundation Grant of $15,000.00 for Collection Development for the Homer Public Library and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Introduction September 14, 2009, Public Hearing and Second Reading September 28, 2009.     

 

Mayor Pro Tempore Novak opened the public hearing.

 

There was no public testimony.

 

Mayor Pro Tempore Novak closed the public hearing.

 

Mayor Pro Tempore Novak called for a motion for the adoption of Ordinance 09-41 by reading of title only for second and final reading.

 

LEWIS/WYTHE - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

E.         Ordinance 09-42(A), An Ordinance of the City Council of Homer, Alaska, Adopting Homer City Code Chapter 19.02, Special Events, Requiring Permits for Special Events in the City, and Authorizing Charges for City Services Required for Special Events. City Manager. Introduction September 14, 2009, Public Hearing and Second Reading September 28, 2009.                                      

 

            Ordinance 09-42(A)(S), An Ordinance of the City Council of Homer, Alaska, Adopting Homer City Code Chapter 19.02, Special Events, Requiring Permits for Special Events in the City, and Authorizing Charges for City Services Required for Special Events. City Manager.

 

Mayor Pro Tempore Novak opened the public hearing.

 

Dean Ravin, Homer resident, commented that citizens have rights of free speech and the right to assemble. The City Council has no standing to permit, deny, or regulate any assembly of citizens. All government serves the people at the exclusive pleasure of the people.

 

Michael Kennedy, city resident, asked Council where the ordinance originated from and at what cost? The Boys and Girls Club is on the ropes, yet government can pay a lawyer to bring forward something unconstitutional. Why did it originate? It is clearly unconstitutional, violates the First Amendment of free speech and free assembly, and is regressive and oppressive. In the 60’s they used the excuse of not having a parade permit to stop the Civil Rights Movement. A week ago there was a demonstration against Obama in Pittsburgh and with no parade permit they marched anyway. It is used for the City Manager to decide who gets what. If you think you’re having a problem defending against Frank Griswold, wait until you defend yourself against ACLU.

 

Kevin Hogan, city resident, commented that funerals, Mariner football, the Jewel concert, ice racing, first day of snagging and the Chamber of Commerce convention will all be covered by the ordinance. The concern is of how it is wrapped up, can’t do or can do? A few years ago he held a special event in another city, their permit was from the economic development department. The municipal people made it happen, approaching it with a can do attitude, making him feel welcome. There were lots of road blocks; municipal government was not one of them. Special events are an economic opportunity and Council should quit saying no to everything that comes along.

 

Irwin Ravin, Homer resident, cited the United States Constitution First Amendment that no law shall be passed messing around with people’s rights to freedom of speech, religion, and the right to assemble. Part of the deal when the Constitution was passed was a Bill of Rights that builds a wall against the government and the people. It is a treasonous document, above and beyond what he believes a municipal government should be doing. He can’t gather with 5-10 friends in the streets of Homer without a permit.

 

Steve Zimmerman, city resident, commented it will be the end of Renn Tolman’s barn dances, end of bonfires on the beaches, Council on the Arts Street Faire, and burning basket. People can’t afford insurance and it has not been a problem yet. He asked how often the City expended its resources and how much do we spend in comparison to what will be spent dealing with this..

 

Daniel Shannon, city resident, questioned the need for a permit citing freedom of assembly. There are some limits on assembly but do not restrict someone’s rights of freedom of assembly and freedom of speech.

 

Leonard Wells, city resident, commented the ordinance was brought forward because of Hoka Hey asking what they needed to do for their special events. Administration and Council may have been afraid of what they didn’t know. Before they got a hold of the folks asking questions they put together this ordinance.

 

Mayor Pro Tempore Novak closed the public hearing.

 

Mayor Pro Tempore Novak called for a motion to substitute Ordinance 09-42(A)(S) for ordinance 09-42(A).

 

ROBERTS/WYTHE – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Mayor Pro Tempore Novak called for a motion for the adoption of Ordinance 09-42(A)(S) by reading of title only for second and final reading.

 

HOWARD/LEWIS – SO MOVED.

 

WYTHE/ROBERTS - MOVED TO POSTPONE TO OCTOBER 26TH.

 

Councilmember Wythe acknowledged the valid conversations concerning individual rights as well as a number of discrepancies Council found in the ordinance. A copy of the permitting ordinance in Key West, Florida was acquired to see what will be used in the start of the Hoka Hey Challenge. Others are legitimate concerns of restrictions on local events. While we have the rights for peaceable assembly, there are expenses that go with it. In particularly large events the City has no means to address it. If someone brings a large scale event to the community we need a mechanism for ensuring all expenses associated are not borne by the taxpayers of the community. Homer is not a community traditionally designed for large scale events.

 

Councilmember Zak voiced opposition to postponement due to additional costs of staff research. It would be better to kill the ordinance now.

 

Councilmember Lewis expressed approval of the ordinance in recollection of a concert he attended years ago. There were 200,000 tickets sold, over 400,000 showed up. The little town had to deal with the mess left after it. For large events we have to cover ourselves. The ordinance will require fine tuning to cover the city, without infringing on individual rights.

 

VOTE: (postponement) YES. HOWARD, NOVAK, LEWIS, ROBERTS, WYTHE

 

VOTE: NO. ZAK

 

Motion carried.

 

Council requested Ordinance 09-42(A)(S) be added to the Committee of the Whole on October 12, 2009.

 

F.         Ordinance 09-44, An Ordinance of the Homer City Council of Homer, Alaska, Amending Homer City Code 21.03.040 to Add Definitions Related to Overslope Development in the Homer Small Boat Harbor, and Enacting Homer City Code 21.46 Small Boat Harbor Overlay District, to Regulate Overslope Development Around the Homer Small Boat Harbor as a Conditional Use. City Manager/Planning. Introduction September 14, 2009, Public Hearings September 28 and October 12, 2009, and Second Reading October 12, 2009.                                                                                          

 

Memorandum 09-116 from City Planner as backup.

 

Mayor Pro Tempore Novak opened the public hearing.

 

Steve Zimmerman, city resident, commented he is happy to see overslope development which is overdue. He is worried about over control, a typical city problem. Engineering specs should be affordable for people and ladders should be added. HCC 21.46.060(a) does not allow people to use their artistic ability; people come here to see different things. He questioned the 5% in landscape on a boardwalk. He suggested making it easy for people to do original things that look good.

 

Leonard Wells, city resident, questioned why it is coming up as ordinance. It applies to city property and could be handled by port and harbor leasing regulations instead of an ordinance.

 

Mayor Pro Tempore Novak closed the public hearing.

 

G.       Ordinance 09-45, An Ordinance of the City Council of Homer, Alaska, Amending Homer City Code 14.08.020, Definitions, and Adopting Homer City Code 14.08.045, Replacing Temporary Extended Connections, to Require the Replacement of a Temporary Extended Connection Crossing Another Lot when the Lot that is Served has Direct Access to a City Water Main. City Manager.  Introduction September 14, 2009, Public Hearings September 28 & October 12, 2009 and Second Reading October 12, 2009.            Page 221

 

            Ordinance 09-45(S), An Ordinance of the City Council of Homer, Alaska, Amending Homer City Code 13.24.010, Applicability; 13.24.040, Construction and Installation--Gravity Line; 13.28.010, Applicability; and 13.28.030, Water Service Construction and Installation; to Permit a Lot to Connect Only to a Directly Adjacent Sewer or Water Main, and to Require the Replacement of a Connection to a Sewer or Water Main that is Not Directly Adjacent to the Lot Being Served when a Directly Adjacent Sewer or Water Main is Constructed. City Manager.                                                                          

 

            Memorandum 09-127 from Public Works Director as backup.                     

 

Mayor Pro Tempore Novak opened the public hearing.

 

Sharon Roufa, Two Sisters Bakery business owner, questioned if payments would be extended over time, stating it would be important to consider. Her business paid for a spaghetti line, paid the City for water, and will have to pay for the water main. It would be more fair to subtract costs from the initial setup. There will be other costs associated such as vacating a property line and reconnecting to the water line.  

 

Barry Levitt, Fairview Avenue resident, commented he was in imminent danger of losing his spaghetti line and hooking up to the water main. In the 80’s he built and hooked up to a spaghetti line. It was never brought to his attention he would have to spend money to hook up to a water main. It is a huge hardship. It was brought to his attention by Dan Gardner. The intent with the original owner was never recorded. He is not against progress, but is against being forced to hook up to a utility.

 

Leonard Wells, city resident, supports the ordinance. If the City has agreements signed by people to put in spaghetti lines, buyers with title insurance would have known. It is the title company’s job to check out the services. If the buyer didn’t get title insurance that is his fault.

 

Joe Fletcher, Homer resident, supports the ordinance. Up to now it’s been nilly willy at Public Works’ discretion.

 

Mayor Pro Tempore Novak closed the public hearing.

 

WYTHE/LEWIS – MOVED TO SUBSTITUTE ORDINANCE 09-45(S) FOR ORDINANCE 09-45.

 

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

H.        Ordinance 09-46(S)(A), An Ordinance of the Homer City Council Suspending the Application of Homer City Code Chapter 21.90 to Certain Improvements Located on Lot 3, Block 2 Harrington Heights Subdivision. Novak.  Recommended Dates: Introduction September 14, 2009, Public Hearing and Second Reading September 28, 2009.

 

Mayor Pro Tempore Novak opened the public hearing.        

 

Monte Wilshusen, Homer resident, explained he met Mr. Nakada who purchased a new trailer and he helped move the old trailer. In an attempt to increase the quality of his life he has to live within his personal means. Not by choice he is on a very limited income and used part of last year’s dividend and a small inheritance from his father to purchase the new trailer. Mr. Nakada nor his case manager checked on ordinances prior to moving the new trailer in. He asked Council to pass the ordinance as the man has been living under this since last November. He would like to get a hot water heater but is reluctant to make improvements without knowing the outcome.

 

Dean Ravin, Homer resident, has known Robert Nakada for 30 years. He is a good man and if he can be helped out without an inconvenience to others, he asked Council to please do so.

 

Mayor Pro Tempore Novak closed the public hearing.

 

Mayor Pro Tempore Novak called for a motion for the adoption of Ordinance 09-46(S)(A) by reading of title only for second and final reading.

 

LEWIS/ROBERTS - SO MOVED.

 

LEWIS/ROBERTS - MOVED TO POSTPONE TO OCTOBER 12, 2009 WITH ORDINANCE 09-50.[1]

 

Councilmember Zak expressed opposition against postponement, as the gentleman would be allowed to get a water heater before winter.

 

VOTE: (postponement) YES. HOWARD, NOVAK, LEWIS, ROBERTS, WYTHE

 

VOTE: NO. ZAK

 

Motion carried.

 

ORDINANCE(S)

 

A.        Ordinance 09-47, An Ordinance of the City Council of Homer, Alaska, Amending Homer City Code 21.60.040 and 21.60.097 Regarding the Regulation of Public Signs. City Manager/Planning. Recommended Dates: Introduction September 28, 2009, Public Hearing and Second Reading October 12, 2009.

 

            Memorandum 09-119 from City Planner and Planning Technician as backup.

 

Mayor Pro Tempore called for a motion for the adoption of Ordinance 09-47 for introduction and first reading by reading of title only.

 

WYTHE/ROBERTS - SO MOVED.

 

The intent is to remove the five-year renewal requirement for public sign permits.

 

VOTE: YES. WYTHE, ZAK, HOWARD, NOVAK, LEWIS, ROBERTS

 

Motion carried.

 

B.        Ordinance 09-48, An Ordinance of the City Council of Homer, Alaska, Accepting and Appropriating a State of Alaska Department of Transportation & Public Facilities 2006 National Scenic Byways Grant in the Amount of $63,000, with a Local Match of Cash and/or “In Kind” Services in the Amount of $31,000, for Phase II Design and Permitting of the Homer Spit Trail Extension, and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Recommended Dates: Introduction September 28, 2009, Public Hearing and Second Reading October 12, 2009.                     

 

            Memorandum 09-128 from Public Works Director as backup.

 

Mayor Pro Tempore Novak called for a motion for the adoption of Ordinance 09-48 for introduction and first reading by reading of title only.

           

LEWIS/WYTHE - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

C.        Emergency Ordinance 09-49, An Emergency Ordinance of the City Council of Homer, Alaska, Appropriating $15,000 from the Port and Harbor Reserves to Make Emergency Repairs at the Nick Dudiak Fishing Lagoon Handicapped Access Ramp. City Manager.

                                                                                                                                   

            Memorandum 09-131 from Port and Harbor Director as backup.                 

 

Emergency Ordinance 09-49(S), An Emergency Ordinance of the City Council of Homer, Alaska, Appropriating $15,000 from the Port and Harbor Reserves to Make Emergency Repairs at the Nick Dudiak Fishing Lagoon Handicapped Access Ramp. City Manager.

 

Mayor Pro Tempore Novak called for a motion to substitute Ordinance 09-49(S) for Ordinance 09-49.                                                                                         3

 

ROBERTS/WYTHE – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Port and Harbor Director Hawkins explained the erosion happened last winter during storms, undercutting the sidewalk of the access ramp. The sidewalk was undercut by almost two feet during high tides and northeast winds. Ice has moved away smaller stones and allowed water under the sidewalk. Further undercutting of the sidewalk will result in further ruins and more expense. Larger stones will be placed for a permanent fix and it is hoped repairs can be made before the fall for wind and tides. Grants were not available for the repairs.

 

Mayor Pro Tempore Novak called for a motion for the adoption of emergency Ordinance 09-49(S) by reading of title only.

 

LEWIS/WYTHE –SO MOVED.

 

There was no discussion.

 

VOTE: YES. ROBERTS, WYTHE, ZAK, HOWARD, NOVAK, LEWIS

 

Motion carried.

 

D.        Ordinance 09-50, An Ordinance of the City Council of Homer, Alaska, Amending Homer City Code 21.61.030, Nonconforming Structures, Regarding Criteria for Replacing Nonconforming Mobile Homes. City Manager. Recommended Dates: Introduction September 28, 2009, Public Hearing and Second Reading October 12, 2009.

 

Mayor Pro Tempore Novak called for a motion for the adoption of Ordinance 09-50 for introduction and first reading by reading of title only.

                                                                                                                                   

WYTHE/LEWIS – SO MOVED.

 

Line 26 is missing a word. The ordinance applies strictly to mobile homes while other types of structures would be in the same situation.

 

City Planner Abboud commented the ordinance does not make Ordinance 09-46(S)(A) any more valid, as it cannot be retroactively applied. Ordinance 90-50 did not come from Planning and the Planning Commission has not seen it. He recommended the Planning Commission review and discuss the ordinance and offer recommendations to Council. Council should not be changing zoning laws prior to a recommendation from the commission. Ordinance 09-50 does not include Mr. Nakada’s situation.

 

WYTHE/ROBERTS - MOVED TO DIRECT THIS TO THE PLANNING COMMISSION FOR AN EXPEDITED REVIEW ON THEIR NEXT AGENDA FOR INTRODUCTION AND FOLLOWED PROMPTLY FOR PUBLIC HEARING TO RETURN TO COUNCIL NO LATER THAN THE FIRST MEETING IN NOVEMBER.

 

VOTE: (introduction) YES. LEWIS, ROBERTS, WYTHE, ZAK, HOWARD, NOVAK

 

Motion carried.

 

Wythe/roberts - moved to amend for the ordinance to go to the planning commission for their first meeting October 7th and public hearing on October 21st and back to our meeting on October 26th.

 

There was no discussion.

 

VOTE: (referral) YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

CITY MANAGER’S REPORT

 

A.        City Manager’s Report                                                                                  

 

  1. STIP: The 2010-2013 Statewide Transportation Improvement Program (STIP) is out for public review and comment. The DOT/PF Regional Director and his staff visited us last week to discuss the Plan generally and Homer projects in particular. Council will be happy to see that Pioneer Avenue Rehabilitation and Lake Street Rehabilitation are on this list along with other projects important to the general Homer area. These projects are now on the short term priority list and are planned for the next three years. I was disappointed to not see Main St. and intersection improvements on the list. However overall, I think Homer did pretty well. The City should get its comments in if it supports these projects. Information on them is attached.
  2. ENSTAR Filing: Well, what we feared would happen has happened. On Friday, Enstar announced that it had reached a deal with Armstrong to purchase the gas produced at the North Fork Road wells. The plan is to send the gas to Anchor Point through a pipeline financed by a consortium and then north to Ninilchik through a new pipeline financed by Enstar. Enstar states that there is not enough gas produced at these wells to serve the Homer market. So, instead of building a short pipeline to Homer, they chose to build a longer line to the north. This is good for Anchor Point because they will get gas at the same rate as Anchorage. Enstar’s filing with the Regulatory Commission is attached. You can obtain more information and documents by going to the RCA website. Enstar has requested that the public comment period be reduced from 45 to 30 days and that the RCA make a decision by March. The City should probably comment. I would suggest that at a minimum, the City should oppose this filing unless the RCA removes Homer from Enstar’s certificate to free the City up to pursue deals with other suppliers.
  3. Stimulus Funding Revisited: The Council recently adopted a resolution authorizing the administration to apply for municipal stimulus funding in the amount of $163,000. You will recall that the application was to request funding for projects at the old water treatment plant, Jack Gist Park, an the Fishing Hole. At the time, we told you what we thought the program rules were going to be based upon conversations with DCCED staff. It seemed like the emphasis was going to be on creating and retaining jobs and getting projects out quick. We know quite a bit more now because we have received the application package and Anne Marie has spent a lot of time on the phone with DCCED. It turns out that the emphasis is not so much on jobs directly, but on defraying costs related to energy, especially fuel and electricity. This is truly municipal relief to help with the loss of tax revenues; another form of revenue sharing. The staff said that they discouraged applications that contained multiple projects because it would be too complicated with too much paper work and too much financial reporting. They could also get the money to us much faster if we did not do that. They encouraged the City to stick with one simple project, like using the money for fuel or electricity. That might make sense for Homer, because once you receive the money to help defray energy costs, Council could then re-appropriate it to some other use, if it wanted, like the three projects already approved. Council could also put the money into the sustainability fund to help make city buildings more energy efficient. Or, you could simply use the money to defray energy costs and free $163,000 up from the budget to restore some of the cuts. Of course, that is a one time fix and might not be sustainable. We have plenty of time to reconsider this issue if Council wishes. Anne Marie was told that the City has two years to apply.  

                                                                                   

Mayor Pro Tempore Novak commented on the announcement by Enstar to send gas to Anchor Point and then north to Ninilchik. Homer is not getting gas. The Acting City Manager was asked to prepare an opposition to Enstar’s filing with the Regulatory Commission, unless Homer is removed from Enstar’s certificate. Public comment will follow.

           

B.        Question of the Week – The 4th of July is a busy time in Homer. Along with the usual crowd, do you think the City of Homer could accommodate a few thousand additional visitors arriving on or around that day? And if so, what suggestions do you have for providing them with necessary services like parking, lodging, restrooms, showers, and so forth?           

                                                                                               

COMMITTEE REPORT

           

A.        Public Arts Committee

 

B.        Transportation Advisory Committee

 

C.        Permanent Fund Committee

 

D.        Lease Committee

 

Dean Ravin, Economic Development Advisory Commissioner, would like the City to look into a LNG facility on the Spit as a means of very inexpensive energy to serve the City of Homer and its residents.

 

PENDING BUSINESS

 

A.                Ordinance 09-36(S), An Ordinance of the City Council of Homer, Alaska, Authorizing the Expenditure of Homer Accelerated Water and Sewer Program (HAWSP) Funds for Svedlund to Kachemak Way Water Main Extension and Approving the Creation of a Deferred Assessment on Benefitted Properties. City Manager/Public Works. Introduction July 27, 2009, Public Hearing August 24, 2009 and Second Reading September 28, 2009.

                                                                                                                       

Memorandum 09-95 from Public Works Director as backup.                       

 

Mayor Pro Tempore Novak called for a motion for the adoption of Ordinance 09-36(S) by reading of title only for second and final reading.

 

LEWIS/WYTHE – SO MOVED.

 

NOVAK/ROBERTS - MOVED TO MOVE TO OCT. 12TH TO GO ALONG WITH THE OTHER SPAGHETTI LINE ORDINANCE.

 

WYTHE/LEWIS – MOVED FOR A FRIENDLY AMENDMENT TO FOLLOW ORDINANCE 09-45 IF POSTPONED.

 

There was no discussion.

 

VOTE: (friendly amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

The contractor for the project stated he was hoping to take care of the water main extension as soon as possible. The longer you wait it could become a problem. The engineering has been done and was sent to Public Works Inspector Dan Gardner. Contractors are standing by and would still be able to dig in October, but costs could increase if delayed until the cold weather.

 

VOTE: (postponement) YES. NOVAK, LEWIS, ROBERTS, WYTHE, HOWARD

 

VOTE: NO. ZAK

 

Motion carried.

 

B.                 Ordinance 09-32, An Ordinance of the City Council of Homer, Alaska, Amending Homer City Code, Chapter 1.74 Parks and Recreation Advisory Commission, Section 1.74.030 Proceedings of the Commission, Amending the Monthly Meeting Frequency to Monthly Meetings May through September and Bi-Monthly Meetings October Through April. City Clerk/Parks and Recreation Advisory Commission. Recommended dates: Introduction July 27, 2009, Public Hearing and Second Reading August 10, 2009, Postponed to September 28, 2009.                                                              

 

Memorandum 09-90 from Parks and Recreation Advisory Commission as backup.

 

Mayor Pro Tempore Novak called for a motion for the adoption of Ordinance 09-32 by reading of title only for second and final reading.

 

ROBERTS/LEWIS - SO MOVED.

 

There was no discussion.

 

VOTE: YES. HOWARD, NOVAK, LEWIS, ROBERTS, WYTHE, ZAK

 

Motion carried.

                                                                                                                       

C.                 Resolution 09-79, A Resolution of the City Council of Homer, Alaska, Amending the Homer Parks and Recreation Advisory Commission Bylaws Regarding Frequency of Meetings and Notice of Absences. City Clerk/Parks and Recreation Advisory Commission. City Clerk/Parks and Recreation Advisory Commission. (Postponed from August 24, 2009.)                                                                                      

 

LEWIS/ROBERTS – MOVED FOR THE ADOPTION OF RESOLUTION 09-79 BY READING OF TITLE ONLY.

 

There was no discussion.

 

VOTE: YES. ZAK, HOWARD, NOVAK, LEWIS, ROBERTS, WYTHE

 

Motion carried.

 

D.                Resolution 09-88, A Resolution of the City Council of Homer, Alaska, Amending the Library Advisory Board, Economic Development Advisory Commission, Port and Harbor Advisory Commission, and Parks and Recreation Advisory Commission Bylaws to Hold Bimonthly Meetings. Novak. (Postponed from August 24, 2009.)      

 

Memorandum 09-120 from Library Advisory Board as backup.                  

 

Motion on the floor from August 24th: MOVED FOR THE ADOPTION OF RESOLUTION 09-88 BY READING OF TITLE ONLY.

With the failure of Ordinance 09-39(S) the resolution could be voted down. Ordinance 09-32 and Resolution 09-79 were adopted pertaining to Parks and Recreation Advisory Commission meeting schedule and bylaws amendment.

 

VOTE: NO. WYTHE, ZAK, HOWARD, NOVAK, LEWIS, ROBERTS

 

Motion failed.

 

E.         Resolution 09-89(S), A Resolution of the City Council of Homer, Alaska, Amending the Frequency of the Public Arts Committee and Transportation Advisory Committee Meetings to Quarterly Meetings. Novak. (Postponed from August 24, 2009.)

 

            Memorandum 09-125 from Public Arts Committee as backup.

 

Mayor Pro Tempore Novak called for a motion to substitute Resolution 09-89(S) for 09-89.

 

ROBERTS/WYTHE – SO MOVED

 

There was no discussion.                   

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 09-89(S) by reading of title only.

 

ZAK/ROBERTS - SO MOVED.

 

Councilmember Roberts, member of the Transportation Advisory Committee, reported the committee discussed the amendment to reduce monthly meetings to quarterly and expressed approval.

 

VOTE: YES. ROBERTS, WYTHE, ZAK, HOWARD, NOVAK, LEWIS

 

Motion carried.

 

F.         Resolution 09-94, A Resolution of the City Council of Homer, Alaska, Acknowledging the Hoka Hey Challenge, Expressing Support, and Authorizing the City Administration to Provide Assistance to the Organizers as Appropriate. City Manager. (Postponed from August 24, 2009.)

 

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 09-94 by reading of title only.                                                                                         

 

LEWIS/ROBERTS – SO MOVED.

 

NOVAK – MOVED TO POSTPONE TO GO ALONG WITH THE SPECIAL EVENTS PERMITTING ORDINANCE 09-42(A)(S).

 

Motion failed for lack of a second.

 

Councilmember Roberts expressed opposition against postponement. She hopes the City welcomes anyone who wants to visit. A resolution is not required everyone someone comes to town. Councilmember Wythe believes the participants are approaching this in a reasonable manner and will come to Homer and enjoy their time here.  

 

HOWARD/WYTHE – MOVED TO AMEND THE RESOLUTION DATE TO REFLECT SEPTEMBER 28TH.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Mayor Pro Tempore Novak has questions if the people were for real; they are for real. His biggest issue is they did not step forward to talk to us before they put it all out there. After talking with us we are working with issues that may arise. Homer gets behind a lot of things and will surprise you sometimes.

 

VOTE: YES. LEWIS, ROBERTS, WYTHE, ZAK, HOWARD, NOVAK

 

Motion carried.

 

NEW BUSINESS

 

Mayor’s Veto – Ordinance 09-34(A)                                                                      

 

A.        Ordinance 09-34(A), An Ordinance of the City Council of Homer, Alaska, Amending Homer City Code 21.03.040 to Add Definitions Regarding Small Wind Energy Systems and to Amend the Definition of Public Utility Facility or Structure; Amending Homer City Code 21.05.030 to Exclude Wind Energy Systems in the Measurement of Building Height; Amending Homer City Code 21.12.020, 21.14.020, 21.16.020, 21.18.020,  21.24.020, 21.26.020, 21.28.020, 21.30.020 and 21.40.05 to Add Small Wind Energy Systems as a Permitted Accessory Use in the Rural Residential, Urban Residential, Residential Office, Central Business District, Town Center District, Gateway Business District, General Commercial One, General Commercial Two, Marine Commercial, Marine Industrial And Bridge Creek Watershed Protection Zoning Districts; Amending Homer City Code 21.12.030, 21.14.030, 21.16.030, 21.18.030, 21.20.030 And 21.22.030 to Add Small Wind Energy Systems with a Rated Capacity Exceeding 10 Kilowatts as a Conditional Use in the Rural Residential, Urban Residential, Residential Office, Central Business District, Town Center District, and Gateway Business District Zoning Districts; Enacting Homer City Code Chapter 21.58 to Establish Standards for Small Wind Energy Systems; and Enacting Homer City Code 21.61.070 Regarding the Effect of Small Wind Energy Systems on Nonconforming Uses and Structures. City Manager/Planning.

                                                                                                                                   

Mayor Pro Tempore Novak called for a motion to override the Mayor’s veto of Ordinance 09-34(A).  

 

WYTHE/ROBERTS - SO MOVED.

 

Mayor Pro Tempore Novak stated he vetoed the ordinance as it does not address the issues in a reasonable way. It leaves a lot of things out and conflicts from one lot to the next, based on the one acre requirement. It infringes on neighbors who cannot place a windmill. He would like to see Ordinance 09-34(A) sent back to the Planning Commission to deal with some of the issues he pointed out.

 

Councilmember Roberts expressed her intent to override the veto although there were valid concerns of the reasons for the veto. She would like to keep the ordinance on the books and bring improvements to it forward later.

 

VOTE: YES. ROBERTS, WYTHE, ZAK, HOWARD

 

VOTE: NO. NOVAK, LEWIS

 

Motion carried. (Adoption of Ordinance 09-34(A) is upheld.)

 

RESOLUTIONS

 

A.        Resolution 09-99, A Resolution of the City Council of Homer, Alaska, Approving the Extension and Amendment of the Lease Between the City of Homer and the University of Alaska, Anchorage, Kachemak Bay Campus, for the Former Homer Intermediate School. City Manager.   

 

            Memorandum 09-118 from City Manager as backup.                                   

 

Councilmember Lewis declared a conflict of interest as he is an employee of Kachemak Bay Campus. Councilmember Zak stated he was an employee of University of Alaska Anchorage.

 

Mayor Pro Tempore Novak ruled Councilmember Lewis did have a conflict of interest and there was no objection from the Council.

 

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 09-99 by reading of title only.

 

ZAK/ROBERTS – SO MOVED.

 

NOVAK/WYTHE-MOVED TO POSTPONE TO EXECUTIVE SESSION FOR ADDITIONAL CONSIDERATION ON FINANCIAL MATTERS.

 

VOTE: (postponement) YES. HOWARD, NOVAK, ROBERTS, WYTHE

 

VOTE: NO. ZAK

 

Motion carried.

 

B.        Resolution 09-100, A Resolution of the City Council of Homer, Alaska, Approving a Short Term, Atypical Lease for a Term Not to Exceed One Year on Lot 13B with Snug Harbor Seafoods for the Purpose of Operating a Fish Buying Station. City Manager.

                                                                                                                                   

            Memorandum 09-121 from Port and Harbor Advisory Commission as backup.

            Memorandum 09-122 from Lease Committee as backup.

 

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 09-100 by reading of title only.                           

 

WYTHE/ZAK – SO MOVED.

 

There was no discussion.

 

VOTE: YES. ZAK, HOWARD, NOVAK, LEWIS, ROBERTS, WYTHE

 

Motion carried.

 

C.        Resolution 09-101, A Resolution of the City Council of Homer, Alaska, Awarding the Contract for the Snow Removal and Sanding Services for 2009/10, 2010/11 and 2011/12 to Frigid North Services of Homer, Alaska, in the Amount of $537.00 Total Trip Bid and Pursuant to the Bid Schedule Submitted and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk.           

 

            Memorandum 09-130 from Public Works as backup.

 

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 09-101 by reading of title only.

 

WYTHE/ROBERTS – SO MOVED.                                   

 

Per trip is plowing all the city properties at one time.

 

VOTE: YES. WYTHE, ZAK, HOWARD, NOVAK, LEWIS, ROBERTS

 

Motion carried.

 

D.        Resolution 09-102, A Resolution of the City Council of Homer, Alaska, Awarding the Contract for Bid Preparation/Construction Assistance Services for the Homer Sanitary Sewer Rehabilitation Project to the Firm of Bristol Environmental and Engineering Services Corporation of Anchorage, Alaska, in the Amount of $50,000 and Authorizing the City Manager to Execute the Appropriate Documents. City Manager/Public Works.

                                                                                                                                   

            Memorandum 09-126 from Public Works as backup.

 

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 09-102 by reading of title only.                           

 

WYTHE/LEWIS - SO MOVED.

 

Public Works Director Meyer explained the $50,000 is for engineering services to allow for bid of the project. It is estimated $30,000 is for help on the final design and the remaining $20,000 is for assistance during construction. The project is for stimulus money and Public Works has done everything possible to meet the January 1st deadline, with indication to DEC that the project is shovel ready. Bristol will provide assistance with bid documents and we are expected tobe under contract by January 16, 2010.

 

VOTE: YES. ROBERTS, WYTHE, ZAK, HOWARD, NOVAK, LEWIS

 

Motion carried.

 

E.         Resolution 09-103, A Resolution of the City Council of Homer, Alaska, in Support of the Reclassification of Ten Acres of Borough Land in the Homer Area Off of Lookout Ridge Avenue from Residential to Recreational. City Manager.              

 

Councilmember Lewis declared a conflict of interest as he owns land that borders the subject property.

 

Mayor Pro Tempore Novak ruled a conflict of interest for Councilmember Lewis and there was no objection from Council.

 

ROBERTS/WYTHE - MOVED TO ADOPT RESOLUTION 09-103.

 

Councilmember Roberts expressed support of the land reclassification as there is a world class ski trail that goes through part of the land already.

 

VOTE: YES. ROBERTS, WYTHE, ZAK, HOWARD, NOVAK

 

Motion carried.

 

COMMENTS OF THE AUDIENCE

 

Joe Fletcher, Homer resident, commented on Ordinance 09-45. He would like to see adjacent property owner notification for any new spaghetti lines. There is the possibility of including other people for a proper LID instead of a spaghetti line. On Clover Lane a neighbor informed him he would not hook up to water/sewer. Yet he dug up Mr. Fletcher’s driveway for water/sewer and again for HEA. He would like language preventing spaghetti lines in the ordinance.

 

Councilmember Roberts stated there was a 2004 ordinance that does not allow new spaghetti lines.

 

Leonard Wells, city resident, is disappointed Council put off the trailer ordinance. There would have been no harm to the City if they would have considered and passed the ordinance to help the gentleman in the illegal trailer. It would have been nice for the man’s mental state. He is upset the wind energy ordinance was not upheld and brought back. Council would rather have anything on the books than to get it right the first time.

 

COMMENTS OF THE CITY ATTORNEY

 

City Attorney Klinkner was not present.

 

COMMENTS OF THE CITY CLERK

 

City Clerk Johnson said goodbye and thanked Casey Kelly, KBBI news reporter and reminded the audience of absentee voting now available through Monday, October 5th at the Clerk’s office.

 

COMMENTS OF THE CITY MANAGER

 

Acting City Manager Robl had no comments.

 

COMMENTS OF THE MAYOR

 

Mayor Pro Tempore Novak said it was an interesting meeting with a lot on the table. The Comprehensive Plan, CIP and budget are in the middle of all of it. There were interesting perspectives on public comments.

 

COMMENTS OF THE CITY COUNCIL

 

Councilmember Wythe thanked Chief Robl for sitting in on a long meeting. She thanked David for paying attention to conflicts. Kevin spoke, and it is great when kids come to talk to us. He already understands if you don’t want to pay for something that taxes, then you cannot have it. For those thinking about voting on Tuesday, she offered caution in voting. Don’t vote for sales tax thinking it will automatically provide funds for non profits such as Community Schools and the Boys and Girls Club. Don’t think you are voting all those benefits back into the budget. There is an EDC roundtable open meeting tomorrow. Councilmember Wythe encouraged all to be there, and noted there were a couple seats open on the commission.

 

Councilmember Zak said he had a hard time approving $33,000 for continuation of the bike trail, even with a $66,000 match. In these times we need to seriously look at where we spend the money. We could also look at the amount of equipment at Public Works and what the voters voted for when they voted in Community Schools. We need to find ways to cut costs, not programs. When programs are in place it will take years to get them back after they are cut. He is thankful for those providing the programs, including Michael Illg and him finding sources of funding from public advertisement in the Community Schools brochure. Councilmember Zak thanked Kelly Jackman for coming out, and stated we need to approve the lease for the college. The building that is on the West Campus next to the building where the Boys and Girls Club used to be and where the Kachemak Bay College leases, if it is being heated and used for storage, should be looked at for being shut down for cost savings. Public works might want to consider outsourcing vs. owning equipment as a long term solution for cutting costs.

 

Councilmember Roberts commented the Economic Development Advisory Commission mentioned a power outage in the building, just when the emergency generator was being put in. In response to a public comment, as an elected official she is paid very minimally, $1,200 per year. She thanked Casey Kelly, KBBI reporter; it is because of him that the public has been able to hear us.

 

Councilmember Lewis said next Tuesday, October 6th is the day to come out and vote. It would be nice to see more than 15% of the voters so we don’t have a majority of the minority making decisions.

 

Councilmember Howard extended a thank you to Chief Robl for sitting in as the City Manager. The hospital will host an open house on Sunday from 1:00 to 4:00 p.m. with the ribbon cutting at 2:00 p.m. Borough Mayor Carey, Mayor Pro Tempore Novak and herself will be in attendance. She asked at the next meeting that it be suggested to the audience that their sidebar conversations are distracting and they need to step outside chambers.

 

Mayor Pro Tempore Novak commented it is fortunate to have good people sitting around the table, as they all represent diverse points.

 

ADJOURNMENT

 

There being no further business to come before the Council the meeting was adjourned at 10:40 p.m. by Mayor Pro Tempore Dennis Novak. The next Regular Meeting is scheduled for Monday, October 12, 2009 at 7:00 p.m. The Next Committee of the Whole is scheduled for Monday, October 12, 2009 at 4:00 p.m. A Worksession is scheduled for Monday, October 12, 2009 at 5:30 p.m. A Special Meeting is scheduled for Tuesday, October 20, 2009 at 7:00 p.m. All meetings scheduled to be held in the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 

______________________________

JO JOHNSON, CMC, CITY CLERK

 

Approved: ____________________



[1] Ordinance 09-50 was referred to the Planning Commission and will return to City Council on October 26, 2009. Ordinance 09-46(S)(A) will follow that schedule.