Session 07-09 a Regular Meeting of the Homer City Council was called to order on April 9, 2007 at 7:05 p.m. by Mayor James C. Hornaday at the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

PRESENT: COUNCILMEMBERS: HEIMBUCH, ROBERTS, SHADLE (telephonic) STARK, WYTHE

STAFF: CITY MANAGER WREDE

CITY CLERK JOHNSON

PORT AND HARBOR DIRECTOR DEAN

LIBRARY DIRECTOR HILL

PERSONNEL DIRECTOR HOBBS

ABSENT: NOVAK (excused)

Councilmember Shadle has requested telephonic participation.

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

Council met as a Committee of the Whole from 4:06 p.m. to 4:43 p.m. in the Homer City Hall Cowles Council Chambers. Agenda items included Force Account Labor, Fire Probe and the Regular Meeting Agenda items: Resolution 07-53 Creating the City Hall – Town Plaza Review Committee, Resolution 07-52 Dedicate a Portion of Local Taxable Sales to Fund a Parks, Recreation and Community Schools Program, Ordinance 07-12 Planning Division to Occupy the Old Library Building, Ordinance 07-15 Property Tax Rate for FY 2007 at 4.00 Mills and Memorandum 07-61 Juneau Lobbying Trip.

AGENDA APPROVAL

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

Agenda amended as follows: Agenda Approval - Councilmember Shadle has requested telephonic participation, Consent Agenda Item B – Ordinance 07-16 - Title corrected to read: Of the City Council of Homer, Alaska Amending Homer City Code Chapter 5.38 to Add a New Section 5 to Allow Senior Citizens to Feed Crows During the Winter Within the Area of Bishop’s Beach City Park. Novak., and Item E – Memorandum 07-57 – Non objection from Police Chief Robl. Visitors: Add Item B. State Representative Paul Seaton.

The amended agenda was approved by consensus of the Council.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public may comment on any matter on the agenda except: Public Hearing Items: Ordinance 07-12, Amending the 2007 Operating Budget to Provide for the Occupation of the Old Library Building by the Planning Division.

Lou Stewart, city resident and Chair of Parks and Recreation Advisory Commission, supports Resolution 07-52. He asked that the commission be allowed to review the resolution and offer their recommendations.

Gail “Annie” McGreenery, Parks and Recreation Advisory Commissioner, concurred with Mr. Stewart on the importance of Resolution 07-52, adding its importance for Homer and its growth pattern with trails, schools and parks and recreation.

Buck Laukitis supports Resolution 07-52. Homer has world-class recreation potential. There are social and health benefits with the ski trails, hockey rink, softball fields, tennis courts and parks and trails used. Most groups volunteer enthusiasm, collect user fees, hold fundraisers and think strategically about the future of their recreation programs. Side sources of funding are needed for the groups to prosper. A city-funded parks and recreation and continuing education program, supported by council and approved by the voters, would allow Homer to leverage state, federal and private monies. We have the effort, strategic thinkers and the potential; we are missing the glue and the organization to pull the aspects together. The economic benefits of recreation include participants filling our hotel rooms, eating in our restaurants and shopping in our galleries.

Mayor Hornaday commented $400,000 per year is already funded. Mr. Laukitis sees it as additives to what we already do. It is important to keep labor costs down and fund programs using the volunteer efforts we already have.

Mimi Tolva, Parks and Recreation Advisory Commissioner, is excited to see Council thinking about recreational benefits. There is a lot to iron out and we don’t want to jump in with both feet and find we had it better the other way, nor mess up things that already work.

Roberta Highland, city resident, opposes Ordinance 07-16 as it may harm Ordinance 06-01(A). She enjoys seeing crows without feeding them. Resolution 07-52 is a good concept for this time as the population grows. She suggested another whereas: recreational activities provide economic value to the area and benefit residents of the state by providing a broad base of recreational activities in Homer. Although funds will be spent up front, in the long run it will enhance opportunities for grant dollars. User groups coming together will benefit all.

Dave Swarthout, soon to be city resident, supports Resolution 07-52. He favors an official parks and recreation department for the growing town. The town is going forward with the library as a great start and a wide array of people are using the Spit Trail.

Ken Satre, city resident, supports Resolution 07-52 as an opportunity to bring groups together, work together, and get an organization going that leverages funds and opportunities. The City’s involvement is essential to success and a greater range of opportunities for the future.

Bonnie Jason, city resident, is a former Parks and Recreation Advisory Commissioner and Community Schools advisor, volunteers as a parent and is a participant. She supports Resolution 07-52 after helping her husband run Little League out of her living room. She will continue to be an enthusiastic volunteer for organizations knowing they are run consistently, competently and without competing against each other.

Lee Mayhan, area resident and naturalist, opposes Ordinance 07-16. Last year she supported Ordinance 06-01(A) for: airport safety, disease transmissions, and impact to the local native bird populations. The reasons have not changed. Not feeding them will decrease nuisance bird populations. She observed one senior citizen this year feeding hundreds of crows at Bishop’s Beach. The crows then dove into the dumpster, sprinkling trash and ate invertebrates from the beach. The Alaska and National Audubon Society supports feeding songbirds. Ordinance 06-01(A) as written has been fairly successful with decreasing the bird population around the airport. There is good support from the City and the police department.

Councilmember Heimbuch asked if there was somewhere between absolute prohibition and a small amount of decriminalization to keep from putting little old ladies in jail. Ms. Mayhan replied some people are a bad influence on others; there were many feeders prior to the ordinance. Foremost is public education and compliance with the law.

Mayor Hornaday commented although Homer has some of the bird experts of the world at the wildlife refuge, they have not come to back up the claims of Ms. Mayhan. Ms. Mayhan noted the presence of U.S. Fish and Wildlife and the State testifying last year. We have citizen science and legally the bird experts cannot do anything as it is in federal court.

Susan Clardy, city resident, is a user of Bishop’s Beach. Ordinance 06-01(A) was intended to reduce the number of resident crows and has done just that. She hasn’t had to sweep corn, birdseed and popcorn off Safeway’s parking lot. Bishop’s Beach is only a block away from town and a food preparation area. Seniors enjoy the songbirds and don’t want crows at their feeders. Crows and magpies are wiping out the ducks’ eggs on Beluga Lake. With the adoption of Ordinance 06-01(A) there are a lot less crows in the back of her truck doing what they do all over the paint job.

Greg Siekaniec, city resident, supports Resolution 07-52, as it will help members of the community from children to adults. Mr. Siekaniec commended the Council on the eagle ordinance; crows may be more difficult to describe. When large groups of birds congregate there are problems with crippled and injured birds, preying on domestic birds, and flying into windshields and boats. In five years it will be a better place with fewer issues. It is an ethical issue; are you doing something good for the population or birds as a whole? Crows may be trickier, as they mainly scavenge garbage. Serious consideration should be given before loosening up the ordinance.

When asked if there was evidence of crows destroying the duck population on Beluga Lake, Mr. Siekaniec responded crows are egg stealers and will take eggs from nests. Asked if the week long extension of eagle feeding would damage the Shorebird Festival, he answered there have been no studies of the interactions of the shorebirds using the Spit with the eagles in the area. Flocking large numbers of birds together does not necessary create disease; if an incident of disease breaks out it will run through the populations. There is no evidence to support geese and other birds changing their flight patterns to avoid landing in Homer.

Barbara Howard, city resident, spoke in favor of Ordinance 07-15. If there are sufficient funds to run the City above the level of expectation, it is appropriate to lower taxes. With significant property value increases she asked that Council be sensitive to any mechanism to make life easier for the taxpayers. Mrs. Howard supports the concept of Resolution 07-52 and encourages the public process.

Debbie Poore, city resident and Parks and Recreation Advisory Commissioner, supports Resolution 07-52. We live in an active community of all ages that crosses generations. It is important to make parks and recreation facilities appropriate for aging people, and essential to maintain a vibrant community for young people and families. Visitors come to Homer and although many of them fish, family members are not interested in fishing. It is important to keep activities and facilities in mind for visitors.

Kevin Hogan, city resident, believes it is a good time to start discussion on Resolution 07-52. He would like to see Memorandum 07-59 approved and give some flexibility to the lease negotiating committee. If Council or Administration sees value in reverting to the previous lot lines prior to the replatting, he will be willing to accommodate. He is tired of moving his operation around. Mr. Hogan noted the confusion in the record, as Resolution 07-25 and 07-39 have not been approved.

Frank Griswold, city resident, noted Resolution 07-53 second whereas clause as erroneous, as the Town Center Development Plan (TCDP) (Ordinance 06-08(A)) was never ratified, adopted or incorporated into any Comprehensive Plan by the Kenai Peninsula Borough. The TCDP was created by an appointed committee serving the financial interests of its members. The City has no planning or platting authority. Memorandum 07-52 should have been reviewed by the Homer Advisory Planning Commission (HAPC) per HCC 1.76.030(g). The resolution leaves planning commissioners out of the loop and it makes no sense to appoint either commissioners or councilmembers to the City Hall – Town Plaza Review Committee, as the tasks are the responsibility of the HAPC. The Mayor has no legal authority to appoint committee members because there are no rules to authorize so in the City Code. As conflict of interest rules apply to committees, how could representatives of CIRI and Fred Meyer be allowed to participate in the TCDP? Additionally, committee members/city officials should be required to file an oath of office per AS 29.20.600 and Article 12 Section 5 of the Alaska Constitution. As to Resolution 07-54 Mr. Griswold questioned the difference of municipal officials, city officials and public officers, oaths of office for some and not others and different oaths. The consequences of violating the oath of office and failing to sign an oath should be identified in an ordinance. He opposes Ordinance 07-16, stating it is an embarrassment to the City of Homer.

Kenton Bloom, city resident, supports Resolution 07-52. He noted communities are led by example and become patterns to work on. The City has grown and developed over 40 years. The idea extends beyond financial and social benefits into the whole fabric of life.

Ginny Espenshade lives, works and pays sales tax within the City and supports Resolution 07-52. Without the funding the City has provided playgrounds, parks and trails. It is time for a new, sustainable type of funding. The wording is crucial. Review past efforts with the recreational service area in 2000 restricting to construction and capital projects, instead of operations and maintenance.

Rick Pita, city resident and Manager of the ice rink, supports Resolution 07-52. It’s all about the person sitting next to you, about the team. It is an exciting direction we are moving in and he urged the Council to push forward.

Jenny Coyle, city resident and Vice President of Homer Little League, supports Resolution 07-52. The 280 kids who participated in little league will benefit from participation in a parks and recreation department. Little League would like to host an all stars tournament, but first needs to upgrade. If improvements are made it will bring teams and families from all over the Peninsula and Seward, benefiting the economy.

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 March 27, 2007 Regular and Special Meeting. City Clerk. Recommend approval.

B. Ordinance 07-16, Of the City Council of Homer, Alaska Amending Homer City Code Chapter 5.38 to Add a New Section 5 to Allow Senior Citizens to Feed Crows During the Winter Within the Area of Bishop’s Beach City Park. Novak.Recommend Introduction and First Reading and Conduct Public Hearing and Second Reading on April 23, 2007.

Placed under Ordinances.

C. Resolution 07-56, Of the Homer City Council Approving a New Five Year Lease Agreement with the Pier One Theatre. City Manager. Recommend adoption.

D. Memorandum 07-56, From Mayor, Re: Reappointment of Michael Hawfield and Appointment of Eileen Faulkner to the Library Advisory Board, Appointment of Kevin Hogan to the Port and Harbor Advisory Commission, Appointment of Jessica Tenhoff to the Parks and Recreation Advisory Commission and Appointment of Dale Banks to the Global Warming Task Force. Recommend confirmation.

E. Memorandum 07-57, From Deputy City Clerk, Re: Liquor License Renewals - Grog Shop, Rum Locker, Stas(2), Patels(2), Homer Liquor & Wine, Alice’s Champagne Palace, Lands End, Best Western Bidarka & Kachemak Bowl Liquor License Renewals. Recommend non objection and approval.

F. Memorandum 07-58, From Councilmember Shadle, Re: Purchase of Fire Probe for the Homer Volunteer Fire Department. Recommend approval.

Memorandum 07-62 through City Manager as backup.

Placed under New Business.

Mayor Hornaday called for a motion to adopt the Consent Agenda as amended.

HEIMBUCH/ROBERTS – SO MOVED.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

A. Derotha Ferraro – South Peninsula Hospital Expansion

Derotha Ferraro, South Peninsula Hospital Marketing Coordinator, gave a PowerPoint presentation on the proposed expansion of the hospital, including the needs, impact, expanded services and costs to taxpayers.

Mayor Hornaday called for a recess at 8:23 p.m. and resumed the meeting at 8:31 p.m.

B. State Representative Paul Seaton

Representative Seaton commented on the following activities:

* House Resources Committee received the Gas Pipeline Bill.

Alaska Youth for Environmental Action attended a conference in Juneau, two students from Homer were working on C02 output. Carbon dioxide and CO2 output would double with expansion of the pipeline. Environmentally friendly aspects in addition to economical benefits will be looked at.

* House Bill 206 – PERS

65% - 35% split/31.86% of gross payroll for municipalities for 20 years is the current recommendation. A cost share system to equate municipalities is being looked at.

* Municipal Revenue Sharing

$250,000 to each Borough, $75,000 to each municipality and $25,000 to the unincorporated communities did not get funded. Alaska Municipal League proposes to divert 6% of revenue from natural resources to fund revenue sharing. The State is facing a deficit for the next 10 years and diverting 6% to another revenue will not happen. Setting up a separate account from the PFD earning reserve would generate revenue to fund the community dividend.

* Capital Projects

Water system for Homer put back in the Governor’s budget. UAA acquisition of City Hall and hospital are priority projects. Recreational items – rope tow and horse park.

* House Bill 25 – Trails Bill

Stimulate private landowners to provide free recreational use of their land by raising the standard to gross negligence for any lawsuit.

* House Bill 84 – Fish Tax

DCED analysis of revenue provided is incorrect; numbers are being revised to reflect correct revenues.

Councilmember Stark commented on $48M revenue sharing put back in the budget.

Councilmember Heimbuch asked about the legal opinion on the takings issue on leases for mines, whether in the best interest to allow mines to continue with exploration?

* House Bill 61 – Mining Tax

Lively debate and requesting another analysis of status of law if mines say they are not making a profit. Most mines in Alaska say they are operating at a loss. Placing a takings on profit is questionable.

Councilmember Roberts asked about House Bill 72 for school funding.

* House Bill 72 – School Funding

Five percent increase in teacher requirement taken outside the formula; would give a $78M increase, none of it going to retirement. 50% of geographic cost differential incorporated in formula.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. Mayor’s Proclamation – National Library Week 2007 – April 15 – 21, 2007

Library Director Helen Hill outlined the scheduled events at the library during National Library Week.

PUBLIC HEARING(S)

A. Ordinance 07-12, Of the City Council of Homer, Alaska, Amending the Fiscal Year 2007 Operating Budget in the Amount of $53,919 to Provide for the Occupation of the Old Library Building by the Planning Division on a Short Term Basis and Establishing a Transition Plan. Council/City Manager. (First Reading March 12, 2007, Public Hearing and Second Reading April 9, 2007.)

There was no public testimony.

For lack of a motion Ordinance 07-12 failed.

ORDINANCE(S)

A. Ordinance 07-15, Of the City Council of Homer, Alaska Setting the Property Tax Rate (Mill Rate) for Homer, Alaska for Fiscal Year 2007 at 4.00 Mills. Stark. Recommend Introduction and First Reading and Conduct Public Hearing and Second Reading on April 23, 2007.

Mayor Hornaday called for a motion for the adoption of Ordinance 07-15 for introduction and first reading by reading of title only.

STARK/SHADLE – SO MOVED.

Councilmember Stark commented the assessed value in the last two years had increased 29%. The ordinance will reduce the mill rate by 11%, allow the City more money than bargained for in the budget and help offset the increase in property tax rate if the hospital bond issue passes.

Councilmember Wythe noted the Council’s responsibility to plan for the future of the citizens. Resolutions 06-10 and 06-100 recognizing the shortfalls in financial planning regarding the general fund balance and depreciation funding were approved in November. The numbers were given by the accountants and regulations to assure financial security of community. It is vital to bring the financial house into order, as the City will not be bondable without financial backing to support a disaster within the community. It is not responsible to leave debt for the future generation. Overall debt reduction to individuals will not be that substantial; it will cost the City money that we do not have.

Councilmember Heimbuch suggested revisiting the seasonal sales tax to find a compromise to increased property values, a recreation department and funding depreciation. Finding a new source of $200,000 for a recreational budget and reducing property tax if tied to a seasonal sales tax may create a revenue neutral situation.

Discussion ensued on the timing of the reduction, long term financial planning and allowing the people to vote on the mill rate reduction. City Manager Wrede clarified the ordinance before the Council does not involve a vote of the people; Council may raise or lower the mill rate by ordinance.

SHADLE/ - MOVED TO AMEND THAT THIS GO ON THE BALLOT IN OCTOBER FOR A VOTE.

Councilmember Heimbuch moved for a point of order as it would not be an issue for voters.

Mayor Hornaday ruled the motion to amend out of order.

Councilmember Stark commented it is time for the Council to give a little money back to the citizens. He does not want to see a rich City and a poor community.

Council Heimbuch moved for a point of order to ask if the ordinance was voted down there would be no second reading.

Mayor Hornaday confirmed the ordinance would die if voted down, yet it could be brought back in another form.

VOTE: YES. HEIMBUCH, SHADLE, STARK

NJO: ROBERTS, WYTHE

Motion failed.

B. Ordinance 07-16, Of the City Council of Homer, Alaska Amending Homer City Code Chapter 5.38 to Add a New Section 5 to Allow Senior Citizens to Feed Crows During the Winter Within the Area of Bishop’s Beach City Park. Novak.Recommend Introduction and First Reading and Conduct Public Hearing and Second Reading on April 23, 2007.

WYTHE/ROBERTS - MOVED FOR THE APPROVAL OF ORDINANCE 06-12 BY READING OF TITLE ONLY.

Council enacted Ordinance 06-01(A) on bird feeding and it is discriminatory to allow senior citizens to feed when a two-year old cannot.

VOTE: NO. HEIMBUCH, ROBERTS, WYTHE, SHADLE, STARK

Motion failed.

CITY MANAGER’S REPORT

A. City Manager’s Report

1. Port and Harbor Lease Notes: There are two action items regarding leases on this agenda. One is a resolution approving renewal of the lease for Pier One Theatre for an additional five years. The other is a memorandum, which if approved, authorizes the Manager to enter into lease discussions with Harbor Leasing LLC for a long term lease on Lot 12 C. Both items are recommended by the Lease Committee. The Port and Harbor Commission was scheduled to discuss these items at its meeting on the 28^th but unfortunately, a quorum was not present.
2. Dredge Spoils: Two meetings ago, Steve Dean briefed the Council on the situation regarding the City’s need to move approximately 20,000 cubic yards of dredged materials within the next month or so. Since that time, the pressure has been reduced somewhat. We have agreed to sell all of the anticipated new spoils that will be dredged this fall to English Bay Corporation at a negotiated price. (This material was included in the recent offering in which we received no bids). This sale reduces the immediate need to move the 20,000 yards that are stockpiled by the Pier One Theatre. Some of that material will be used to construct the expanded parking lot at the base of the Spit.
3. Coast Guard: Lots are things are happening with the Coast Guard, much of it good. When the Mayor visited the Admiral in Juneau, he was told that a decision had been made to keep the Hickory in Homer. He also stated that the Coast Guard had secured the money to follow through with its plans to build office space and storage facility on Lot 20. Attached is a letter from the Coast Guard to the Corps of Engineers expressing interest in placing the Hickory in the proposed new East Boat Harbor. Also attached is a proposal to add a mooring dolphin near the Pioneer Dock to assist the Hickory. This proposal has been controversial in the past. I can discuss this more at the meeting. The Port and Harbor Commission was scheduled to discuss this at its meeting on the 28^th but unfortunately, a quorum was not present. Steve Dean is making arrangement for a public meeting here that includes the Corps, AMHS, and the Southwest Pilots Association, as requested by the Council. This will likely happen after the official comment period is over however, Steve has been assured that what the Corps learns at that meeting will be taken into consideration before a final determination is made. It is possible that the public comment deadline can be extended. The City will submit comments that refer to its comments several years ago since this is essentially the same project.
4. University Land / Baycrest Ski Trails: The Kachemak Heritage Land Trust is having a great deal of success raising the additional money it needs to purchase the University land the Council agreed to accept title to. During the past several weeks, we have commissioned a title report and we are currently reviewing a proposed warranty deed that will pass title from the University to the City. We anticipate that the sale may be finalized within the next few months. We will keep you abreast of how this is going.
5. Alaska Marine Highway / Proposed Warehouse: The discussions here are on-going. I recently wrote a letter to AHHS proposing some new options but re-emphasizing that the City really values having the ferry system here and we do not want to make things difficult for them to operate. As of the date this report was written, we have not yet received a response. We plan to follow-up with a phone.
6. Emergency Operations Plan. Chief Painter will talk to the Consultants to make sure the comments and changes submitted by the Council are indeed incorporated into the plan. After the changes are made, the Clerk’s office will print the document and place it into a three ring binder for Council members.
7. Hillside 10 acres: Two meetings ago the Council looked at a memorandum which discussed the status of land trade negotiations between the City and Mr. Mike Gordon. The memo outlined the general direction the discussions were headed and recommended that negotiations continue. The Council did not adopt the Memo and suggested that I come back with an alternative plan. Since that time, Mr. Gordon has decided to put the 40 acres he owns on the market. The property is for sale for approximately $750,000. Mr. Gordon indicated that he might still be open to negotiating, but that there was no point in doing so until we received the appraisal for the 10 acres the City owns. It was my recommendation that negotiations continue because I thought it might be possible to secure an agreement that would be in the public interest. I got the impression from the discussion and the way the Council voted that the Council did not think this approach was worth pursuing any further. So, unless Mr. Gordon proposes a deal that I think is clearly in the City’s interest, I will concentrate on obtaining legal access to the ten acres and/or offering the possibility of trade to all adjacent landowners. It would really be helpful if the Council discussed again if it really wants to dispose of this property now. I sense that there is not agreement on this issue and I don’t want to spend more time and effort on this if the Council wants to retain the land.
8. Bear Canyon Park: Several months ago, I informed the Council that John Fowler wanted to dedicated the lower portion of Bear Canyon and a significant portion of the East Rim (for a trail) to the City as a park. We discussed how this would fit nicely with the 40 acres of BLM land the City is trying to acquire which contains the upper reaches of the canyon. Mr. Fowler and Kenton Bloom reiterated this offer when they made a presentation to the Council about the Homer Greenways Project. All of this would happen as part of the new subdivision they are planning in the hills just East of the Canyon. If all of this comes to fruition, the entirety of Bear Canyon would be dedicated as a City Park and there would be a trail from East End Road all the way to the Nature Center on Skyline Drive. I bring this to your attention now to let you know that things are moving and the Council will likely be asked to accept a dead to the parkland in the near future. I met with John, Kenton, and Lindsey Winkler two weeks ago to discuss the procedure for conveying the land, the restrictions the deed might contain, who would construct and maintain the trails, etc. I have walked along the stream within the canyon and hiked most of the trail route on the East rim. I can tell you it is beautiful and would be a real asset to the community if it became a park in public ownership.
9. Homer-Kachemak City Inter-Governmental Agreement: This issue has not fallen off the radar screen although progress has been slow; mostly because everyone is so busy with other more pressing issues. But, we have basic agreement on almost all of the main issues and we hope to have an agreement before you and the Kachemak City Council before the construction season. The one issue we are having trouble with is how the City of Homer would get reimbursed for maintaining a road within Kachemak City. Public Works estimates that it would likely only cost about $5,000 to $6,000 per year for basic maintenance on Golden Plover; probably less if the road was paved. The question of who pays is still being discussed.
10. Community Schools: The administration has begun discussions with the School District about renewal of the Community Schools Agreement. As soon as we have a new draft agreement that both the City and the School District are happy with, we will bring it to you for your consideration.
11. Water Treatment Plant: We are preparing to offer a preliminary Purchase Agreement to the owner of the land upon which the new water treatment plant will be located. This offer will be preliminary and one of the contingencies will be Council approval of the acquisition and proposed financing. We have received verbal agreement to enter the property to conduct soils tests. Negotiations over this land are proceeding slower than we would like but we are making progress.
12. University of Alaska Regents Visit. The Regents will be holding their next meeting in Homer on April 18 and 19. Mayor Hornaday asked us to look into whether the Council could host a reception for them. Rachel is working with Carol Swartz on this. Carol’s first reaction was that she was very pleased about the offer but stated that the regents agenda was very full and that they were already planning to host some type of get together with the Council. So, they are still trying to work things out and we will see where this ends up.

Noise levels from traffic on Baycrest Hill and expansion of the parking lot at the base of the Spit using dredge spoils were discussed.

B. Games Report

COMMITTEE REPORT

A. Comprehensive Plan Community Advisory Committee

B. Global Warming Task Force

(Regular Meeting April 25, 2007 at 2:30 p.m.)

C. Public Arts Committee

(Regular Meeting April 19, 2007 at 11:00 a.m.)

D. Transportation Advisory Committee

(Regular Meeting April 17, 2007 at 5:30 p.m.)

PENDING BUSINESS

None.

NEW BUSINESS

A Memorandum 07-59, From Lease Committee, Re: Lease and Development Proposal / Harbor Leasing LLC. Recommend approval.

Mayor Hornaday called for a motion for the approval of the recommendation of Memorandum 07-59.

HEIMBUCH/ROBERTS – SO MOVED.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Memorandum 07-61, From Councilmember Novak, Re: Juneau Legislative Lobbying Trip. Recommend approval.

Mayor Hornaday called for a motion for the approval of the recommendation of Memorandum 07-61.

ROBERTS/WYTHE – SO MOVED.

Council discussed the importance of all standing together, their expertise in specific areas, and consistency in the top priorities. Travel schedules will differ.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

C. Memorandum 07-58, From Councilmember Shadle, Re: Purchase of Fire Probe for the Homer Volunteer Fire Department. Recommend approval.

Memorandum 07-62 through City Manager as backup.

Mayor Hornaday called for a motion for approval of the recommendation of Memorandum 07-58.

SHADLE/STARK – SO MOVED.

Councilmember Wythe expressed liability concerns as provided by Chief Painter and requested a legal determination of the City’s liability when untrained people use the fire probe. Councilmember Stark described the fire probe as another valuable tool for the Fire Department, as it will increase the chances a fire will be out.

VOTE: YES. SHADLE, STARK, HEIMBUCH, ROBERTS

VOTE: NO. WYTHE

Motion carried.

RESOLUTIONS

A. Resolution 07-52, Of the City Council of Homer, Alaska Asking the Voters if ¼ of 1% of Local Taxable Sales Should be Dedicated to the Funding of a Parks, Recreation, and Community Schools Program. Heimbuch. Recommend adoption.

HEIMBUCH/WYTHE – MOVED FOR ADOPTION.

HEIMBUCH/WYTHE – MOVED TO AMEND TO CONTINUE TO THE NEXT COMMITTEE OF THE WHOLE AND PUBLIC HEARING DURING THE NEXT REGULAR MEETING.

Councilmember Wythe asked for a friendly amendment to hear Resolution 07-52 at a Worksession.

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

Motion carried.

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

Motion carried.

B. Resolution 07-53, Of the City Council of Homer, Alaska Creating the City Hall – Town Plaza Review Committee and Authorizing the City Clerk to Advertise for Interested Participants. Council/City Manager. Recommend adoption.

Mayor Hornaday called for a motion for the adoption of Resolution 07-53 by reading of title only.

WYTHE/STARK – SO MOVED.

WYTHE/ROBERTS – MOVED TO AMEND UNDER BE IT FURTHER RESOLVED ITEM #2 TO INCLUDE AT LEAST ONE MEMBER FROM THE ECONOMIC DEVELOPMENT COMMISSION.

The EDC has a vested interest in Town Center development.

VOTE: (amendment) YES. HEIMBUCH, ROBERTS, WYTHE

VOTE: NO. SHADLE, STARK

Motion failed.

City Manager Wrede suggested the commissions put forth their best candidates.

WYTHE/HEIMBUCH – MOVED TO AMEND #1 THAT COMMISSIONS SHALL PROVIDE RECOMMENDATIONS AND THE MAYOR SHALL APPOINT.

Commissions can decide who has the time, enthusiasm and energy to contribute to the committee.

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

Motion carried.

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

Motion carried.

C. Resolution 07-54, Of the Homer City Council Requiring an Oath of Office for Specific City Employees and Clarifying Which Employees are Required to Take an Oath of Office. City Manager. Recommend adoption.

Mayor Hornaday called for a motion for the adoption of Resolution 07-54 by reading of title only.

HEIMBUCH/ROBERTS – SO MOVED.

Councilmember Wythe questioned the need for the oath of office for employees to fulfill their job, as the City Manager directs employees, approving their decisions. City Manager Wrede explained Resolution 06-149 created confusion as it listed department heads. Some employees are hired, others appointed. The resolution is for clarification to stay consistent with the Council’s intent that department heads should take an oath; those department heads are defined. Homer City Code and Alaska State Statutes do not require any employee to take an oath.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

D. Resolution 07-55, Of the Homer City Council Approving the Addition of Section 5.4.8 Sick Leave Bank to the City of Homer Personnel Regulations. City Manager. Recommend adoption.

Memorandum 07-60 through City Manager as backup.

STARK/ROBERTS – MOVED FOR THE ADOPTION OF RESOLUTION 07-55 BY READING OF TITLE ONLY.

Councilmembers Stark and Wythe disagreed with the fiscal note, stating it will cost the City money.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT

Motion carried.

COMMENTS OF THE AUDIENCE

Ginny Espenshade questioned when the next meeting was and the public’s role at a Worksession.

Frank Griswold asked why the Planning Commission was not allowed to do the jobs that were assigned to it. Committee members cannot be fired for being unfaithful, dishonest or not impartial; will they have to swear to an oath of office? On the hospital project his relatives asked if there was a hospital with a loveseat…not. He questioned what the special election for the hospital was going to cost.

Councilmember Stark reported the special election will cost taxpayers of the Kenai Peninsula Borough $30,000.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans was not present.

COMMENTS OF THE CITY CLERK

City Clerk Johnson had no comments.

COMMENTS OF THE CITY MANAGER

City Manager Wrede had no comments.

COMMENTS OF THE MAYOR

Mayor Hornaday commented an Iowan won the Master’s Tournament, beating Tiger Woods. The last time that happened was in 1955 when an Iowan won the U.S. Open. For those that don’t know anything about the fly-over country, they are there functioning and playing golf.

COMMENTS OF THE CITY COUNCIL

Councilmembers Wythe, Shadle, Stark and Roberts had no comments.

Councilmember Heimbuch expressed his appreciation to City Clerk Johnson, stating he was happy the way it was going.

ADJOURNMENT

There being no further business to come before the Council, Mayor Hornaday adjourned the meeting at 9:45 p.m. The next Regular Meeting is scheduled for Monday, April 23, 2007 at 7 p.m., with a Worksession at 5:30 p.m. and the next Committee of the Whole is scheduled for Monday, April 23, 2007 at 4 p.m. All meetings are scheduled in the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

______________________________

JO JOHNSON, CMC, CITY CLERK

Approved: _____________________