M E M O R A N D U M 05-176

TO: MAYOR HORNADAY AND HOMER CITY COUNCIL

FROM: MARY L. CALHOUN, CITY CLERK

DATE: NOVEMBER 18, 2005

SUBJ: COUNCILMEMBER NOVAK NOTICE OF RECONSIDERATION ON RESOLUTION 05-113.

Councilmember Novak issued Notice of Reconsider of Resolution 05-113, on Tuesday, November 15, 2005 at 1:02 p.m. Action was taken to adopt Resolution 05-113 on Monday, November 14, 2005 during a Regular City Council Meeting. Councilmember Novak issued Notice of Reconsideration via email. He voted on the prevailing side, the vote passing with 5 yes and 1 no, Councilmember Wythe casting the dissenting vote.

Pursuant to Council Bylaws: HCC 1.24.040(i.) Motions to reconsider: A member of the Council who voted with the prevailing side on any issue may move to reconsider the Council's action at the same meeting or at the next regular meeting of the body. (In this case November 28, 2005.) Notice of reconsideration shall be given to the Mayor or City Clerk within forty-eight hours from the time the original action was taken.

Placed under Resolutions on November 14, 2005:

B. Consent Agenda item K. Resolution 05-113, Of the Homer City Council Establishing a Formal Process for Identifying and Addressing Community Planning Issues and Concerns that have been Raised by the Council, the Advisory Planning Commission. the City Administration and the Public. Heimbuch. City Manager. Recommend adoption.

STEP 1: Establish a small working group that consists of two Council members, two Planning Commission members, the City Planner, the Public Works Director, and the City Manager. This group can get together as many times as is necessary but should complete its work within one month. The working group's charge is to identify the outstanding issues and concerns of all parties and to develop an agenda, meeting format, and goals and objectives for a workshop between the Council, the Commission, and the administration.

STEP 2: Conduct a workshop. The participants are the City Council, the Advisory Planning Commission, and the Administration. The workshop or workshops will be open to the public but the public cannot participate directly in the discussions. The purpose is to have direct dialog between the

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Council, the Commission, and the Administration. The workshop will be conducted using the format and agenda developed by the working group. One of the goals of the workshop will be to agree upon a list of issues and topics that the Council would like to solicit public testimony on.

STEP 3: The working group drafts a proposed action plan which identifies outstanding issues and problems and recommends steps that can be taken to address them. These recommendations are forwarded to the Council and the Planning Commission.

STEP 4: The Council schedules a public hearing on planning issues and concerns generally and on the proposed action plan specifically.

STEP 5: The Council, after considering the public comments, and hearing recommendations from the Planning Commission and the administration, takes steps to adopt an action plan to improve the overall community planning function within the City in order to better serve the public and provide the level and quality of service Homer's residents desire.

WYTHE/HEIMBUCH - MOVED FOR THE ADOPTION OF RESOLUTION 05-113 BY READING OF TITLE.

Discussion regarding two Councilmember

WYTHE - TO INSERT AN ADDITIONAL STEP NUMBER 1 AND THEN RENUMBER THE FOLLOWING STEPS ACCORDINGLY AND THAT FIRST STEP WOULD BE TO HAVE THIS DISCUSSION WITH THE COUNCIL AT A COMMITTEE OF THE WHOLE MEETING THAT WE COULD ACTUALLY PROVIDE INPUT TO WHOEVER THE APPOINTED MEMBERS WOULD BE TO THAT COMMITTEE.

Motion died for lack of a second.

Discussion:

That this not be a Council scripted meeting.

That this be designed to be a quasi venting session for potential, perceived or real problems.

To ensure that the Planning Commission does not see a preconceived agenda.

To discuss land issues.

Everyone has a slightly different perspective on what the problems are and how a session such as this might be productive.

There is an under current of public discontent that flows several different ways, generated in part by a lot of development in Homer by a new day.

This is not a witch hunt, it is to review the processes are working.

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It may be found that the problems and agonies are fairly reflective and normally reflective of the kind

of anxiety that attaches to this kind of development. This may be an expected level of controversy that attaches to normal develop in enhanced development times.

Council should send a couple of people into this meeting with some guidance of what the Council expects.

NOVAK/ - MOVED TO DELETE STEP ONE AND TO CHANGE STEP TWO TO STEP ONE AND TO SAY , CONDUCT TWO WORKSHOPS.

Motion died for lack of a second.

Discussion.

Refer properly to Planning Division and City Planner.

Working group is composed of one third of people involved in the worksessions.

The first step should be that those n the working group should be delegated.

Each individual or group understands their roles and responsibilities under the Code as currently exists now.

Idea of each party reviewing their own sphere of influence prior to a meeting is a good idea.

VOTE: YES: HEIMBUCH, McLAY, SHADLE, STARK, NOVAK.

NO: WYTHE.

Motion carried.

If reconsideration is approved, the main motion on Resolution 05-113 is back on the floor under Resolutions.

RECOMMENDATION:

Recommend approval of the reconsideration.

Fiscal Note: NA