M E M O R A N D U M 04-111

TO: MAYOR AND HOMER CITY COUNCIL

FROM: MARY L. CALHOUN, CMC, CITY CLERK

DATE: AUGUST 2, 2004

SUBJ: COUNCILMEMBER NOVAK'S NOTICE OF RECONSIDERATION OF THE AMENDMENTS TO ORDINANCE 04-30.

Councilmember Novak issued notice of reconsideration, received in the City Clerk's Office, on Tuesday, July 27, 2004 at 11:25 a.m. This reconsideration notice complies with Council's Bylaws wherein notice of reconsideration must occur within forty eight hours of Council's action by a Councilmember voting on the prevailing side. Councilmember Novak voted on the prevailing side on the secondary amendment, primary amendment and on the Main amended motion. The vote was non objection on the secondary and primary amendments, five affirmative on the Main motion as amended and there were six Councilmembers present.

Secondary Amendment: LADD/YOURKOWSKI - MOVED TO AMEND TO ADD AT THE END "BY THE CITY COUNCIL".

Primary Amendment: YOURKOWSKI/BECK - MOVED TO AMEND 04-30 TO DELETE SECTION THREE AND TO ADD ON THE END OF THE PROPOSITION LANGUAGE, THE FOLLOWING: ONCE A FUNDING MECHANISM FOR REPAYMENT HAS BEEN DEFINED.

Main Motion: STARK/FENSKE - MOVED TO ADOPT ORDINANCE 04-30 BY READING OF TITLE.

Delete Section 3. The City Manager and City Clerk are authorized to provide an explanation to the voters regarding issues such as the terms of the loan and how the loan would be repaid.

Shall the City of Homer borrow funds, which shall be a general obligation of the City, in an amount not to exceed $2,200,000.00 ($2.2 Million) for the purpose of constructing and equipping the new Homer Public Library, once a funding mechanism for the repayment has been defined by the City Council?

Pursuant to Robert's Rules of Order, Newly Revised Edition, pages 317--318, To Reconsider an Adhering Subsidiary or Incidental Motion: Reconsideration moved after the Main Question has been acted upon.

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Memorandum 04-111

City of Homer

If it is desired to reconsider the vote on a subsidiary or incidental motion (amendment) after the main motion has been finally disposed of (in this case, adopted for second and final reading), the vote on the main question must also be reconsidered. In this case the Motion to Reconsider should be made to cover the secondary amendment, the primary amendment and the Main motion as amended.

When a motion to Reconsider covers the votes on two or more connected motions, not all of these questions can be discussed in debate on the motion to reconsider, but only the one that will be voted on first if the motion to Reconsider is adopted. In this case the motion should be to Reconsider the secondary amendment, the primary amendment and the Main motion as amended, therefore, debate is open only on the secondary amendment.

If reconsideration passes, Ordinance 04-30, as amended is back on the floor under Ordinances and the first matter to be reconsidered is the secondary motion.

City Attorney Tans comments are attached.

RECOMMENDATION:

Move for reconsideration of the secondary amendment and primary amendments to Ordinance 04-30 and the main motion on Ordinance 04-30, having voted in the affirmative on all the motions.

Special Note: Councilmember Ladd voted in opposition to the main motion as amended only

Fiscal Note: NA