Session 07-33 a Special Meeting of the Homer City Council was called to order at 7:01 p.m. on December 17, 2007 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:        CHESLEY, HEIMBUCH, NOVAK, ROBERTS,                                                                    WYTHE

 

                        ABSENT:                               SHADLE (excused)

 

                        STAFF:                                   CITY MANAGER WREDE

                                                                        CITY CLERK JOHNSON

                                                                        PORT AND HARBOR DIRECTOR DEAN

                                                                        FINANCE DIRECTOR HARVILLE

                                                                        LIBRARY DIRECTOR HILL

                                                                        CITY PLANNER MCKIBBEN                                                                                              PUBLIC WORKS DIRECTOR MEYER

                                                                        FIRE CHIEF PAINTER

                                                                       

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

 

Mayor Hornaday excused Councilmember Shadle despite his lack of prior notice of excusal. Councilmember Wythe objected.

 

AGENDA APPROVAL (Only those matters on the noticed agenda may be considered, pursuant to City Council’s Operating Manual, pg. 5)

 

Amendments included: Resolutions – Substitute Resolutions 07-124(S), 07-125(S) and 07-126(S) with amounts included as outlined in Memorandum 07-194.

 

The agenda was approved by consensus of the City Council.

 

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

 

Kevin Hogan, city resident, commented on Resolution 07-123, stating the City is asking for more than needed if they can’t come to an agreement with the landowner who has a long tract record of civic involvement and responsibility. A new negotiator is needed. In reference to Resolution 07-112, the City Attorney contract is new with a new term and new rate. It is against the Procurement Policy and there must be a new RFP. The City Attorney’s job is to prosecute violations. Mr. Hogan would like to see local attorneys get a chance with a full time staff attorney and keep the money in town. Perkins Coie receives a huge amount of money from different municipalities.

 

Nancy Hillstrand, affected property owner re: Resolution 07-123, would like to see an audit on what happened through negotiations with the City. A lot of money is being spent that does not need to be. She hasn’t been listened to, as the written offers on her property are completely different than what was discussed. It is her hope the City understands her point and can talk and work it out. She feels the City is ganging up on her and with two lawyers involved the ability to see both sides of the story are lost. There are three other pieces of property in that area that have not been looked into. It has taken her fourteen years to purchase the property for the public good and she could subdivide, which would cost the City more.

 

Mayor Hornaday cautioned Ms. Hillstrand to talk to her attorney Dan Westerburg since she had retained him.

 

Tina Day, Director of Homer Chamber of Commerce, thanked Council for considering Resolution 07-127, stating fireworks will make the event bigger and better and promote Homer as a shoulder season. The price includes professional fireworks handlers.

 

ORDINANCE(S)

 

A.        Ordinance 07-52, Of the City Council of Homer, Alaska Amending the Homer Zoning             Code by Adopting a New Chapter 21.56 to Create a New Town Center Zoning District       and Amending the Zoning Map to Rezone Portions of the Central Business District to the    Town Center Zoning District. Wythe. (Introduction and First Reading December 17,             2007, Refer to Planning Commission, Public Hearing and Second Reading         February 25, 2008.)

 

            Memorandum 07-193 from Planning thru City Manager as backup.

 

Mayor Hornaday called for a motion for the introduction of Ordinance 07-52 for first reading by title only.

 

WYTHE/NOVAK – SO MOVED.

 

WYTHE/NOVAK – MOVED TO AMEND LINE 152 TO INSERT ITEM I - BUILDINGS IN EXCESS OF 35 FT. IN HEIGHT WHERE A SUITABLE FIRE SUPPRESSION SYSTEM IS PROVIDED.

 

In the Town Center Development Plan an objective is to review building heights. An exception of taller buildings would be where suitable fire protection is provided.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

NOVAK/ROBERTS – MOVED TO AMEND LINE 33 TO DELETE “THE ENCOURAGES MINIMUM ARCHITECTURAL STANDARDS”.

 

Discussion ensued as to the appropriateness of placing the verbiage in the whereas clauses. One point was if it is not included in the opening whereas statement the subject should not be addressed in the body of the ordinance. Another point is that it encourages minimum architectural standards, going against the standards we are trying to set.

 

Councilmember Chesley asked for City Manager Wrede’s opinion. Mr. Wrede stated whereas clauses are generally a statement of intent and the foundation of the ordinance, it would not hurt to include the verbiage.

 

VOTE: YES. ROBERTS, NOVAK

VOTE: NO. HEIMBUCH, WYTHE, CHESLEY

 

Motion failed.

 

WYTHE – MOVED TO AMEND LINE 33 TO STRIKE “THE ENCOURAGES MINIMUM” AND STATE “ESTABLISHES ARCHITECTURAL STANDARDS”.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

WYTHE/ROBERTS – MOVED TO AMEND LINE 187 D. TO STRIKE “MORE THAN 8,000 SQUARE FEET OF BUILDING AREA, NOR SHALL ANY LOT”.

 

Discussion ensued as to the conflict with E. 1. that states you may have a building up to 66,000 square feet.

 

Councilmember Chesley asked for City Planner McKibben to comment on the standards.

 

City Planner McKibben stated a building of 8,000 sq. ft. or larger or if it covers more than 30% of the lot area, a Conditional Use Permit is needed first. The other standard is that you cannot have a larger retail store more than 66,000 sq. ft.

 

VOTE: NO. CHESLEY, NOVAK, HEIMBUCH, ROBERTS, WYTHE

 

Motion failed.

 

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

 

Motion carried.

 

PENDING BUSINESS

 

A.        Ordinance 07-42, Of the City Council of Homer, Alaska Appropriating Funds for        the Calendar Year 2008 for the General Fund, the Water-Sewer Fund, the Port/Harbor       Fund,   Debt Funds, Capital Reserve Funds (Conditional Expenditures). (Recommend     First     Reading October 22, 2007, Public Hearings November 13 & 26, 2007 and Second             Reading December 10, 2007 or December 12, 2007.)

 

Mayor Hornaday called for a motion for the adoption of Ordinance 07-42 by reading of title only for second and final reading.

 

WYTHE/NOVAK – SO MOVED.

 

Mayor Hornaday commented an additional $5,000 was added to the $40,000 pledged anonymously to hire a person to implement the Climate Action Plan. A Legislative report from Senator Murkowski includes block grants for communities that survived the Energy Bill. It provides funding for implementation of climate change programs that cities are involved in. Mayor Hornaday met with Representative Seaton, Homer Electric Association (HEA) and Mike Anderson, Chief of Staff for Representative Don Young. In the block grants is money for alternative energy, using existing geysers and hydro-technology we could be producing emission free energy from HEA. There is $400,000 in the Federal budget to continue on with the planning.

 

HEIMBUCH/CHESLEY – MOVED TO ADOPT AMENDMENT A-12 PORT AND HARBOR FEASIBILITY STUDY REALLOCATIONS.

 

Councilmember Heimbuch voiced the priority need to repair floats in the harbor and that Port and Harbor Commissioners concur $143,000 could be moved to begin a matching fund for harbor repairs.

 

Port and Harbor Director Dean was asked for his opinion on the East Boat Harbor Feasibility Study.  He stated the project has been a high priority of the Council and Administration since 2001; if Council wishes to change the priority they can do so. The money is well spent for the future plan, 75% of the funding is Federal or State and knowledgeable people have been hired. National and regional economic numbers for the project will follow. Design engineers with 40 to 50 years experience in the Alaska boat harbors are working on the project. The Corps of Engineers has not yet provided numbers, the study has expanded from three to four years. Federal money is used to build Federal navigation features; the Corps is the only way to move the process forward. Mr. Dean will be meeting with the Corps next week for updates. The expenditure for the feasibility study is a Port and Harbor reserve fund expenditure.

 

Councilmember Heimbuch noted since 2001 two major things have happened in the maritime industry: crab rationalization and 400 Alaskan harbors looking to build $50M to $75M harbors. Using the threat of losing the Hickory is the main concern for building the new boat harbor. The present harbor is beyond the scope of City maintenance. Homer is the least situated to provide services to big boats. The harbor is never going to be built and he is unhappy about spending $143,000 to realize that.

 

City Manager Wrede commented Northern Economics is positioned to access changes in the fishing industry. The City will get an honest assessment and if the economics are not there Council can pull the plug on the study.

 

VOTE: NO. WYTHE, CHESLEY, NOVAK, HEIMBUCH, ROBERTS

 

Motion failed.

 

HEIMBUCH/ROBERTS – MOVED FOR ADOPTION OF AMENDMENT A-11 THE CLERK’S CANDY $250.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

ROBERTS/NOVAK – MOVED FOR ADOPTION OF BUDGET AMENDMENT A-1 (SUSTAINABILITY COORDINATOR).

 

Councilmember Roberts noted the changes since last week: more money has been donated for the sustainability coordinator position. The City Manager is looking into the legal ramifications of donations and how they can be expended. Councilmember Novak voiced the need for another staff position in the City Manager’s office. The position could be combined with monies from global warming, volunteer incentive program and recycling allowing for $55,000 (including the donations). It could be a three-year position.

 

NOVAK/ROBERTS – MOVED TO AMEND COUNCILWOMAN ROBERTS MOTION TO ADD THE ITEMS LISTED: VOLUNTEER INCENTIVE PROGRAM, GLOBAL WARMING MONEY, RECYCLING MONEY TO THE FUNDS AVAILABLE TO HER MOTION.

 

City Manager Wrede expressed concern of Councilmember Novak’s suggestion to use funds for the volunteer incentive program of the Fire Department. It is a volunteer incentive program to reward volunteers for their good work with the Fire Department and EMT. Councilmember Novak suggested using funds from the increased electric fund to fund the sustainability coordinator. Councilmember Wythe voiced reservations about hiring someone without  implementation of the Climate Action Plan in place. Current employees are capable of reducing their electric bill without someone monitoring them to follow regulations put forward. There are legal questions regarding the earmarked funds.

 

CHESLEY/WYTHE – CALLED FOR THE QUESTION ON THE MOTION TO AMEND THE AMENDMENT.

 

VOTE: YES. NOVAK, ROBERTS, WYTHE, CHESLEY

VOTE: NO. HEIMBUCH

 

Motion carried.

 

Councilmember Roberts called for a point of order on the three pages in the budget.

 

Councilmember Novak answered B-45 and B-35.

 

VOTE: (amendment) NO. CHESLEY, NOVAK, HEIMBUCH, ROBERTS, WYTHE

 

Motion failed.

 

NOVAK/ROBERTS – MOVED TO AMEND TO MOVE $40,000 IN THE BUDGET AND EARMARK IT FOR A HALF-TIME POSTION IN THE CITY MANAGER’S OFFICE AS DESCRIBED BY COUNCILWOMAN ROBERTS AND USE THE GLOBAL WARMING MONEY OF $10,000 AND RECYCLING MONEY OF $5,000 ON B-35 AND ADD $25,000 FOR ELECTRICITY SAVINGS.

 

It is expected the money will be saved in utility bills and set aside for a part-time person.

 

City Manager Wrede voiced opposition to the amendment pertaining to electricity cost savings as it is speculative. He suggested moving the global warming and recycling money and tapping the reserve fund for the remainder of money.

 

Councilmember Wythe voiced objection to remove money from the reserve fund as Council is doing everything in their power to increase the balance to the stated minimums.

 

Councilmember Chesley asked that a special meeting be scheduled on January 14th to discuss implementation of the CAP.

 

VOTE: (amendment) YES. NOVAK, ROBERTS

VOTE: NO. CHESLEY, HEIMBUCH, WYTHE

 

Motion failed.

 

Councilmember Roberts asked that the City Manager provide ideas about implementing the CAP. She asked how donations can be incorporated to achieve savings, cost benefit analysis from the preliminary analysis of the Global Warming Task Force and budgeting issues for a sustainability fund. She suggested postponing the funding of a position tonight and wait until ideas are presented by the City Manager.

 

ROBERTS/WYTHE – MOVED TO POSTPONE FUNDING OF THE POSITION.

 

Mayor Hornaday ruled the matter may be postponed.

 

Discussion ensued on the postponement of implementation of the plan. City Manager Wrede said implementation of the plan will require budget amendments. Asked if the employee at Public Works could aid in implementation of the plan, City Manager Wrede answered some of the tasks could be assigned although the employee is needed as a project engineer.

 

Councilmember Wythe called for a point of order as the subject is off the matter.

 

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

VOTE: NO. CHESLEY

 

Motion carried.  

 

Items A-4 (Increase Salary Range for patrolmen, jailers and investigators) and A-5 (Re-instate Fire Marshall) have been pulled.

 

HEIMBUCH/CHESLEY – MOVED TO ADOPT A-6 ($20,000 TO HOMER SENIOR CENTER)

 

Councilmember Heimbuch referenced Council’s discussion at the December 10th meeting re-routing the $20,000 request for the Senior Center to The Homer Foundation.

 

HEIMBUCH/WYTHE – MOVED TO REDIRECT $20,000 INTO THE HOMER FOUNDATION.

 

Councilmember Heimbuch stated his proposed contribution is based on the length of time senior citizens have been in the community. A great majority of senior citizens have been here for a long time and enrich our community. The $20,000 contribution is worthwhile.

 

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

 

Motion carried.

 

Discussion ensued where the money would come from.

 

WYTHE/CHESLEY – MOVED THAT A PORTION OF IT COULD BE RECOVERED FROM INCREASES IN THE TRAVEL ASSESSMENTS FUND FOR THE COUNCIL.

 

There was no discussion.

 

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

 

Motion carried.

 

NOVAK/WYTHE – AMEND MIKE’S MOTION TO STATE THAT WE WOULD ROUTE THIS THROUGH THE HOMER FOUNDATON BUT THIS MONEY WOULD ONLY BE AVAILABLE THROUGH MATCHING GRANT FUNDS.

 

The Senior Center has situations where they have potential grant money but need matching money. The City can step up to provide the match and be a contributor to the Senior Center.

 

The motion was stricken by Mayor Hornaday and by unanimous consent of the Council.

 

Councilmember Wythe noted the additional $9,000 for subsistence and $2,000 for lobbying. Councilmember Heimbuch should come up with an additional $9,000.

 

Mayor Hornaday called for a recess at 8:10 p.m. and resumed the meeting at 8:14 p.m.

 

HEIMBUCH/ROBERTS - MOVED LINE ITEM FROM 2007 GENERAL FUND BALANCE TO BALANCE FOR $9,000.

 

Councilmember Heimbuch stated the 2007 General Fund balance is healthy enough to move $9,000. Finance Director Harville verified the $9,000 will come from unexpended funds from the 2007 General Fund. Councilmember Wythe noted the $2,500 in account 5604 public education that was for methamphetamine education; she recommended that be moved over as it was a one time expenditure.

 

WYTHE/HEIMBUCH - MOVED TO AMEND TO ADD AN ADDITIONAL $2,500 TO THE AMOUNT OUT OF THE 2008 BUDGET FROM LINE 5604 PUBLIC EDUCATION, AN EARMARK FOR METHAMPHETAMINE EDUCATION, A SINGLE TIME EXPENSE.

 

There was no discussion.

 

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

 

Motion carried.

 

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

 

Motion carried.

 

HEIMBUCH/WYTHE - MOVED TO ADOPT A-9 (DIVISION/DEPARTMENT HEAD ISSUE) FOR CONSIDERATION.

 

Councilmember Heimbuch voiced plans to move forward with the division to department status for Planning, Library and Clerks in the coming year. He requested holding off on implementation until Council can discuss more thoroughly.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Proposed budget amendment A-10 (Community Schools Coordinator) was deleted.

 

HEIMBUCH/CHESLEY – MOVED FOR CONSIDERATION OF A-13.

 

Councilmember Heimbuch noted the positive impact hockey has had for Homer and asked that $10,000 to be granted towards the hockey rink’s property tax. Council discussed the Borough’s tax reduction, noting City taxes were reduced in proportion to the Borough amount.

VOTE: YES. NOVAK, HEIMBUCH, CHESLEY

VOTE: NO. ROBERTS, WYTHE

 

Motion failed.

 

CHESLEY/WYTHE – MOVED TO ADOPT MODEL #2 A-14.

 

Council noted the equitable treatment of residential and commercial water and sewer rates with Model #2. The model relates the fees to usage.

 

VOTE: YES. NON OBJECTION. UNANIM0US CONSENT.

 

Motion carried.

 

Councilmember Chesley defended the Public Works Project Manager position and the Global Warming Task Force staff person, stating both positions should be fully funded.

 

WYTHE/HEIMBUCH – MOVED TO PROPOSE THE PROJECT MANAGER POSITION BE MOVED SO IT HAS A DIRECT REPORTING TO WALT.

 

Discussion ensued on the Project Manager position; Public Works has the greatest need of a Project Manager. Although City Manager Wrede could use help with a Project Manager too, the greatest need is out in the field. Public Works Director Meyer needs help and the Port and Harbor Department will benefit too.  

 

WYTHE/CHESLEY – MOVED TO WITHDRAW.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

NOVAK – MOVED TO AMEND THE WATER/SEWER BUDGET TO THE EXTENT OF ASKING REGINA TO GO BACK IN AND LOOK AT THE COMMERCIAL CUSTOMER CHARGE AND TRY TO REDUCE WATER/SEWER CUSTOMER CHARGE TO OFFSET THE CHARGE ON THE LOW-END USERS.

 

Mayor Hornaday ruled the motion was not appropriate as the water/sewer rates were just approved.

 

WYTHE/CHESLEY – CALLED FOR THE QUESTION.

 

VOTE: YES. WYTHE, CHESLEY, NOVAK, HEIMBUCH, ROBERTS

 

Motion carried.

 

Councilmember Heimbuch called for a point of order. Councilmember Chesley had brought up if the other resolutions had to be enacted before being included in the budget. City Manager Wrede stated there is enough money in the budget to accommodate the resolutions that follow.

 

VOTE: (main motion as amended) YES. CHESLEY, NOVAK, HEIMBUCH, ROBERTS, WYTHE

 

Motion carried.

 

B.         Resolution 07-112 Of the City Council of Homer, Alaska Extending the City Attorney             Contract with Perkins Coie for the Period of January 1, 2008 through December 31, 2008 in the Amount of $8,775.00 Per Month for Forty Five Hours, Increasing the           Hourly Rate from $200.00 to $210.00 and Authorizing the Mayor to Execute the Contract. City   Clerk. Recommend adoption.

 

Mayor Hornaday called for a motion for the adoption of Resolution 07-112 by reading of title only.

 

WYTHE/NOVAK – SO MOVED.

 

Discussion ensued on a month to month contract with Perkins Coie and a Request for Proposals for legal services.

 

WYTHE/HEIMBUCH – MOVED TO AMEND TO PROVIDE FOR MONTH TO MONTH SERVICES TO PERKINS COIE SUBJECT TO THE REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES.

 

This is to address public concerns regarding the public process. Perkins Coie has provided services for many years to the City. City Manager Wrede commented he will discuss the month to month contract with the City Attorney.

 

VOTE: NO. HEIMBUCH, WYTHE, ROBERTS, CHESLEY, NOVAK

 

NOVAK/ROBERTS - MOVED TO AMEND TO USING THE RATES FOR THE YEAR 2007.

 

A new contract will not be written, the attorney contract will continue with existing rates.

 

VOTE: (amendment) YES. ROBERTS, NOVAK, CHESLEY

VOTE: NO. HEIMBUCH, WYTHE

 

Motion failed.

 

City Manager Wrede commented it will be up to Perkins Coie if they want to continue services on a month to month basis. If they are not willing to continue the City may be without legal services for an extended amount of time. The terms of the attorney agreement are that either party can withdraw with a 60-day written notice.

WYTHE/HEIMBUCH – MOVED TO ADD ADDITIONAL BE IT FURTHER RESOLVED THE CITY OF HOMER WILL PROVIDE AN RFP PROCESS TO DETERMINE IF SERVICES WILL BE EXTENDED FOR THE ENTIRE YEAR WITH THE UNDERSTANDING THAT IF THE RFP COMES BACK DIFFERENT WE WILL EXERCISE THE 60-DAY WRITTEN NOTICE CLAUSE.

 

Discussion ensued on the need for the clause. Staff can prepare the RFP based on the understanding a 60-day notice could be given. Perkins Coie should be made knowledgeable of the City’s intent to RFP legal services.

 

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

VOTE: NO. NOVAK, ROBERTS

 

Motion failed.

 

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

 

Motion carried.

 

C.        Resolution 07-119, Of the City Council of the City of Homer, Alaska Amending the City         of Homer Fee Schedule Regarding the Water Rates. City Manager/Finance. Recommend        adoption.

 

Mayor Hornaday called for a motion for the adoption of Resolution 07-119 by reading of title only.

 

WYTHE/ROBERTS – SO MOVED.

 

An amendment to insert the numbers of Model #2 is needed.

 

NOVAK - MOVED TO ADOPT MODEL #2 AND GIVE DIRECTION TO THE FINANCE DIRECTOR TO GO TO THE CUSTOMER CHARGE ON THE WATER RATE AND REDUCE THE CUSTOMER CHARGE ENOUGH TO OFFSET THE CHARGE TO THE LOW END USER.

 

Motion failed for lack of a second.

 

Mayor Hornaday asked Finance Director Harville for input on the figures.

 

Councilmember Wythe called for a point of order, stating the resolution could simply be amended without reading in all the numbers.

 

WYTHE/ROBERTS - MOVED TO AMEND THE NOW THEREFORE BE IT RESOLVED TO READ: NOW THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF HOMER ALASKA HEREBY AMENDS THE HOMER FEE SCHEDULE REGARDING THE WATER RATES TO MATCH THE RATES AS APPROVED IN THE BUDGET PROCESS.

 

An agreement was made on rates for sewer and water already.

 

Councilmember Novak commented changing the customer charge will increase the commercial rates but will not change the numbers in the water/sewer fund or reserves. He asked to give direction to the Finance Director to reduce the customer charge on the commercial side for water/sewer.

 

Mayor Hornaday commented Model #2 has already been adopted and it would be a substantial change. He accepted Councilmember Novak’s comments as an amendment to the amendment proposed by Councilmember Wythe. The motion died for lack of a second.

 

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

 

Motion carried.

 

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

 

Motion carried.

 

D.        Resolution 07-120, Of the City Council of the City of Homer, Alaska Amending the City         of Homer Fee Schedule Regarding the Sewer Rates. City Manager/Finance. Recommend        adoption.

 

ROBERTS/CHESLEY - MOVED FOR THE ADOPTION OF RESOLUTION 07-120.

 

WYTHE/ROBERTS - MOVED TO AMEND THE NOW THEREFORE BE IT RESOLVED TO READ: NOW THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF HOMER ALASKA HEREBY AMENDS THE HOMER FEE SCHEDULE REGARDING SEWER RATES TO MATCH THE RATES AS APPROVED IN MODEL #2 DURING THE BUDGET VOTE.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

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

 

Motion carried.

 

E.         Resolution 07-121, Of the City Council of Homer, Alaska Revising Certain Portions of            the Port and Harbor of Homer Terminal Tariff No. 600 and Amending the City of Homer      Fee Schedule Accordingly. City Clerk. Recommend adoption.

 

Mayor Hornaday called for a motion for the adoption of Resolution 07-121 by reading of title only.

 

WYTHE/ROBERTS – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

NEW BUSINESS

 

A.        Memorandum 07-192, from City Clerk, Re: Request for Executive Session pursuant   to AS   §44.62.310(C)(1), Matters, the Immediate Knowledge of which would Clearly       have an Adverse Effect upon the Finances of the Government Unit. (Land           Acquisition       for Water Treatment Plant.) Conduct immediately upon approval.  

 

Mayor Hornaday called for a motion for the approval of the recommendation for Executive Session to discuss land acquisition for the Water Treatment Plant.

 

WYTHE/NOVAK – SO MOVED.

 

There was no discussion.

 

VOTE: YES. WYTHE, CHESLEY, NOVAK, HEIMBUCH, ROBERTS

 

Motion carried.

 

Council recessed to Executive Session at 8:55 p.m. and reconvened at 9:29 p.m.

 

Mayor Pro Tempore Novak stated Council took direction from the City Attorney, gave direction to the City Manager and discussed the issue.

 

B.         Resolution 07-123, Of the City Council of Homer, Alaska Authorizing Eminent Domain           Proceedings for Land Acquisition in Support of the Construction of the New Homer       Water Treatment Plant. City Manager/Public Works. Recommend adoption.

 

Mayor Hornaday called for a motion for the adoption of Resolution 07-123 by reading of title only.

 

WYTHE/ROBERTS – SO MOVED.

HEIMBUCH/CHESLEY - MOVED TO POSTPONE RESOLUTION 07-123 UNTIL THE NEXT REGULARLY SCHEDULED MEETING.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

It is hoped the matter will be resolved prior to the January 14, 2008 meeting.

 

RESOLUTIONS

A.        Resolution 07-122, Of the City Council of the City of Homer, Alaska Awarding the 2008        Courier Service Contract to O'Leary Enterprises in the Amount of $1,500.00 per Month            Plus Additional Trip Fees as Bid and Authorizing the City Manager to Execute the     Appropriate Documents. Finance/City Clerk. Recommend adoption.

Mayor Hornaday called for a motion for the adoption of Resolution 07-122 by reading of title only.

 

WYTHE/NOVAK – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Resolution 07-124, Of the City Council of Homer, Alaska Awarding the Contract for Preparing the 35% Schematic Design for the New City Hall/Town Square Plaza to the        Firm of ECI/Hyer of Anchorage, Alaska in the Amount of $________ and Authorizing             the City Manager to Execute the Appropriate Documents. City Manager. Recommend     adoption.

 

            Resolution 07-124(S), Of the City Council of Homer, Alaska Awarding the Contract for         Preparing the 35% Schematic Design for the New City Hall/Town Square Plaza to the        Firm of ECI/Hyer of Anchorage, Alaska in the Amount of $202,985 and Authorizing    the City Manager to Execute the Appropriate Documents. City Manager. Recommend     adoption.

 

Mayor Hornaday called for a motion to adopt Resolution 07-124.

 

WYTHE/NOVAK – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

WYTHE/NOVAK - MOVED TO SUBSTITUTE RESOLUTION 07-124(S) FOR RESOLUTION 07-124.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

WYTHE/ROBERTS - MOVED TO ADOPT RESOLUTION 07-124(S).

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

C.        Resolution 07-125, Of the City Council of Homer, Alaska Awarding the Contract for Preparing the 35% Schematic Design for the New City Hall/Town Square Plaza to the        Firm of Jay-Brant General Contractors of Homer, Alaska in the Amount of $_______ and            Authorizing the City Manager to Execute the Appropriate Documents. City Manager.          Recommend adoption.

 

            Resolution 07-125(S), Of the City Council of Homer, Alaska Awarding the Contract for         Preparing the 35% Schematic Design for the New City Hall/Town Square Plaza to the        Firm of Jay-Brant General Contractors of Homer, Alaska in the Amount of $63,973 and   Authorizing the City Manager to Execute the Appropriate Documents. City Manager.          Recommend adoption.

 

Mayor Hornaday called for a motion for the adoption of Resolution 07-125.

 

WYTHE/NOVAK – SO MOVED.

 

WYTHE/ROBERTS - MOVED TO SUBSTITUTE RESOLUTION 07-125(S) FOR RESOLUTION 07-125.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

Mayor Hornaday called for a motion for the adoption of Resolution 07-125(S) by reading of title only.

 

WYTHE/NOVAK – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

D.        Resolution 07-126, Of the City Council of Homer, Alaska Awarding the Contract for the Off-Site Infrastructure/Preliminary Platting/Permit Application for the New City   Hall/Town Square Plaza to the Firm of Seabright Survey of Homer, Alaska in the             Amount of $_________ and Authorizing the City Manager to Execute the Appropriate      Documents. City Manager. Recommend adoption.

 

            Resolution 07-126(S), Of the City Council of Homer, Alaska Awarding the Contract for         the Off-Site Infrastructure/Preliminary Platting/Permit Application for the New City   Hall/Town Square Plaza to the Firm of Seabright Survey of Homer, Alaska in the             Amount of $ and Authorizing the City Manager to Execute the Appropriate             Documents. City Manager. Recommend adoption.

 

Mayor Hornaday called for a motion for the adoption of Resolution 07-126 by reading of title only.

 

WYTHE/NOVAK – SO MOVED.

 

WYTHE/NOVAK – MOVED TO REPLACE RESOLUTION 07-126 WITH RESOLUTION 07-126(S).

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Mayor Hornaday called for a motion for the adoption of Resolution 07-126(S) by reading of title only.

 

WYTHE/NOVAK – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

E.         Resolution 07-127, Of the City Council of Homer, Alaska Authorizing the City Manager         to Reallocate $5,000 Dollars of Unexpended Funds from the FY 2007 Operating      Budget for the Purpose of Making a City Contribution to the Fireworks for the 2008        Winter Carnival and the Chamber of Commerce Anniversary. Mayor/Wythe. Recommend adoption.

 

Mayor Hornaday called for a motion for the adoption of Resolution 07-127 by reading of title only.

 

WYTHE/NOVAK – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

COMMENTS OF THE AUDIENCE

 

Martha Ellen Anderson, graduate from Seldovia High School and Homer resident, spoke on her book written about Brother Asaiah. If present, he would cheer for a sustainable Homer and impeachment of Bush and Cheney. It is both our privilege and responsibility to speak the truth to political power and get back on track. She urged Council to vote for the solution to get leadership back on track by supporting impeachment of Bush/Cheney.

 

Kim Burrows, speaking for Michele, spoke on impeachment for Bush/Cheney. We must force Congress and demand that representatives live up to honor and clarity. The movement to impeach is growing with momentum; it is in the daily media. It is necessary for citizens to let their voices be heard for impeachment and eviction of the President and his cohorts. Seventeen states have already introduced impeachment resolutions, and seven more are considering doing so. Citizens are trying to get the attention of their leaders. We need to find a moral outrage inside of ourselves to say enough is enough.

 

Kate Finn, Anchor Point resident, expressed embarrassment for having to address the impeachment issue as it is occurring under the leadership of President Bush and Vice President Cheney. Torture is soul corrupting, unethical, immoral, cruel and illegal, yet it is still being done. Ms. Finn called for impeachment.

 

Gerrianne Reiter, city resident, stated President Bush and Vice President Cheney misled the nation into a preemptive war in Iraq. They were not involved in 911, there were no weapons of mass destruction and they were not a haven for Al-Quida. Many thousands have been killed and debt is escalating. There has been an equally as horrible effect on citizens. We need to show the nation citizens will not allow corrupt behavior to exist. Young people have been taught it is patriotic to torture, burst into homes and kill innocent civilizations. Every minute they must fear for their lives. There is no way except impeachment. Articles of impeachment had Nixon resign and Clinton apologize.

 

Bob Burns, Fritz Creek resident, spent 27 years in the military and finds it hard for him to criticize the President and leaders. The last eight years has been different than anything experienced in the past. The United States has spent over $475 billion dollars on the war in Iraq, or $1,500 per each person. Getting us into the war illegally is an impeachable offense. Homer has spent $7 M to $8 M to support the war. We still have to finish the war, take care of the veterans and their families. He urged Council to look into their hearts if the actions Bush and Cheney did were illegal. If so, he asked Council to consider a resolution to have the House of Representatives look into the issue.

 

George Meeker, city resident, 85 yrs. old, is still interested in the legislative process. He is a veteran of WWII, farmed and owned private businesses. He has reviewed the Bill in Congress to impeach Bush and Cheney. It is important that voters participate and bring things back to normalcy. The United States debt is $9 trillion dollars, not including the $400 to $500 M deficit.

 

Stan Anderson, Homer resident, noted a milestone in gathering 750 signatures in the Homer area to impeach the President and Vice President.

 

Tim O’Leary, community member since 1977, supports impeachment of the President and a resolution from City Council calling for impeachment. Homer Citizens for Impeachment is looking for a sponsor to formally be on the agenda to impeach. There is a huge lack of confidence with how the Federal Government is being administered. We are not capable of getting at the truth of what’s been going on. Impeachment brings on an investigation of administration. Attorney General Mukasey told Justice not to cooperate with the House, even though when sworn he was responsible to oversight by the judiciary. There are a lot of disparate souls that have reached the conclusion the country is in crisis.

 

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 thanked Council for their hard work on the budget and the other tough issues on the agenda. He appreciates the support for City employees. He wished Council and the entire community a happy holiday season.

 

COMMENTS OF THE MAYOR

 

Mayor Hornaday commented it is a real joy to live here in the cosmic hamlet by the sea. It is one of the most interesting communities in the history of civilization. He appreciates the work of Council, both past and present, City employees, commission and committee members and the citizens of the Homer area that make sure life is not boring. Merry Christmas and Happy New Year.

 

COMMENTS OF THE CITY COUNCIL

 

Pro Tempore Novak commented the budget document passed and we may start earlier next year. He appreciates the public comment, looks forward to next year and people coming back. Happy Holidays, and we will see everyone next year.

 

Councilmember Wythe thanked staff for all of their work, particularly Regina on the water and sewer rates which she put a ton of time into. The budget document was nice. She wished the community and staff a Merry Christmas and safe travels over the holiday season.

Councilmember Chesley thanked all the volunteers that serve on City commissions and committees. He echoed appreciation of staff. Without volunteers support a lot of the functions of the City would not happen.  Happy Holidays to the community.

 

Councilmember Heimbuch commented it was a pretty good night on the budget, he got four of the six amendments he proposed batting 666 is a good night. There were good discussions on the budget. He thanked Council for the spirit of comradely that surpasses the deep divisions about a lot of stuff. The amount of good humor around the table is not lost on a lot of people.

 

Councilmember Roberts said Happy Holidays to everybody in Homer.

 

ADJOURNMENT

 

There being no further business to come before the Council the meeting was adjourned at 10:03 p.m. by Mayor James C. Hornaday. The next Committee of the Whole is scheduled for Monday, January 14, 2008 at 4 p.m. The next Special Meeting is Monday, January 14, 2008 and the next Regular Meeting is Monday, January 14, 2008 at 7 p.m. All meetings are scheduled to be held in the City Hall Cowles Council Chambers.

 

______________________________

JO JOHNSON, CMC, CITY CLERK

 

Approved: _____________________