Session 07-03, a Regular Meeting of the Homer City Council was called to order at 7:02 p.m. on February 12, 2007 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:        HEIMBUCH, NOVAK, ROBERTS, SHADLE                                                                                   (telephonic), STARK, WYTHE

 

                        STAFF:                                   CITY CLERK JOHNSON

                                                                        CITY MANAGER WREDE

                                                                        PORT AND HARBOR DIRECTOR DEAN

                                                                        CITY PLANNER MCKIBBEN

                                                                        PUBLIC WORKS DIRECTOR MEYER

                                                                       

                        ABSENT:                               MAYOR JAMES C. HORNADAY (excused)

 

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

 

Councilmember Shadle participated by telephone.

 

Council met as a Committee of the Whole from 4:04 p.m. to 5:33 p.m. in the Homer City Hall Cowles Council Chambers. Agenda items included Forest McDaniel, Army Corp of Engineers, worksession on the 2005 Wetlands Mapping of the City of Homer and Bridge Creek Watershed Protection District. Also discussed was prohibiting smoking in vehicles when minors are present and the Regular Meeting agenda. 

 

AGENDA APPROVAL

 

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

 

The following were amendments to the agenda:

Memorandum from Mayor Hornaday, Re: Report on Juneau Trip numbered Memorandum 07-14; Report from Councilmember Stark, Re: AML Board Meeting January 23-24, 2007 in Juneau numbered Memorandum 07-15; Ordinance 07-02 First Reading listed as January 22, 2007, corrected to January 8, 2007; and written public testimony.

 

WYTHE/ROBERTS - MOVED FOR APPROVAL OF THE AGENDA AS PRESENTED.

 

There was no discussion.

 

VOTE:  YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

 

Public may comment on any matter on the agenda except Public Hearing Items: Ordinance 07-02 Conflict of Interest, Ordinance 07-04 HARP Funds for South Douglas Place Road, Ordinance 07-05 Funds for Upgrades to the Homer Jail Facility and Resolution 07-09 2005 Wetlands Mapping.

 

Bob Howard, city resident, commented on Resolutions 07-27 and 07-28, noting the difference of each: Resolution 07-27 is for a position on halibut allocations between competing sectors; it does not address the economic impact or ramifications on the community and other coastal communities. It is premature for the Council to take a position as the NPFMC (North Pacific Fishery Management Council) is working diligently on the issue. He asked that the Council let the process work and wait to weigh in until the process is determined. Then the issue could be referred to the Economic Development Commission for analysis and a recommendation to City Council. Resolution 07-28 is an immediate economic impact; it is real and hurts the struggling community. It should be adopted and directed to the Secretaries of State and Commerce via fax. It will help the community protect the economic viability it now provides to its citizens.

 

Scott Glosser, charter captain and community member, supports Resolution 07-28. The charter fleet has already agreed to a no captain and crew fish this year to address conservation concerns. A moratorium on new charter boat entrance by the NPFMC is in place. The necessary measures are being complied with, but the one fish has lot of legal problems with jurisdiction and appropriateness.

 

Donna Bondioli, Homer resident, supports Resolution 07-28. The perceived guideline harvest level is not a hard cap on charters. This year IPHC (International Pacific Halibut Commission) staff recommended raising the charter catch in Area 3A to 3M lbs., instead they raised it by 1M lbs. Since the charters were not allowed to raise with the biomass they were 9% over their GHL (Guideline Harvest Level). Former Fish and Game Commissioner McKie Campbell reported to Council by taking away the captain and crew fish it would put the charters under the GHL. The Halibut Commission proposed to the IPHC the one fish limit. There are a lot of legal problems. If commercial catch limit is being raised by 1M lbs. in our area we are going to limit our charters and tourism. She is against Resolution 07-27 as it allocates between one sector and another and asked Council to wait and see what recommendations are being made by the NPFMC before taking action.

 

Chris Moss, city resident, opposes Resolution 07-27[1] as a lot of work was done before 2000 when it was determined what the GHL should be. In 2003 after public comment, it was implemented by the Secretary of Commerce. In 2006 federal and state authority to manage each sector of charter and commercial fishing was implemented. They intend to manage both by mutual regulations. Doing nothing sends a bad message to the commercial end as the amount exceeded in the charter comes off the commercial harvest. Resolution 07-28[2] supports some control and establishes a moratorium. In 2005 there were 5M IFQ lbs. in the Kachemak Bay area from Anchor Point south with a value of $15M; overall it was $46M.

 

Questions from Council clarified that Mr. Moss supports Resolution 07-27 and opposes Resolution 07-28.

 

Don Lane, Homer resident and commercial fisherman, expressed his concern for his four deckhands and their families. Very important to the community are the families that come and rent B&B’s and go out on charters. There are two industries and the community needs to pull together. In the last three years fishing has been challenged by the Aquaculture Bill offshore ranching and oil drilling in Bristol Bay’s halibut grounds. Each year fiber optic cable, power lines and pipelines run across halibut grounds, threatening the resource. We all need to work to protect the resource from the upcoming challenges in the next 50 years. The NPFMC has been dealing with the charter halibut issue for over 10 years and he has no faith in a short term remedy.

 

Peter Karwowski, city resident, supports Resolution 07-28. In the early 1990’s the NPFMC solved the issue by one vote; with 11 members on the commission 10 were commercial fishermen. It will hurt his charter business as Anchorage and Fairbanks residents have already made cancellations and rescheduled to dates outside the restricted dates. It may not affect those traveling from out of state, as most already have their plane tickets. Commercial fishermen quotas have increased over the years since the GHL. The IPHC gave charters one fish and commercial got another 880,000 lbs.

 

Dan VeerHusen, city resident, commented it isn’t the Council’s business to divide the community.

 

Todd Hoppe, city resident and commercial halibut fisherman, opposes Resolution 07-28. Resolution 07-27 is a conservation issue. He runs a boat and buys everything locally, even though it is more costly. The stakeholder’s committee said there was an 18% overage in Area 3A last year. He has fished for over 25 years and has lived by GHL’s. He suggested the charter people attend halibut meetings as some are uninformed from the true facts, the workings and statistics. Before now there was never a fight in the community between the two fisheries. There have been ups and downs for commercial fishermen in different fisheries.

 

Dave Whitmire, city resident and commercial longliner, has a family business. Resolution 07-27 is a step in the right direction. It is a fairness issue. Commercial fleets are perceived as catching and delivering and set on money. He borrowed money to get involved and would have to talk to the bank. With no large windfall it is a choice to fish what you got, sell out, or buy more IFQ’s. When the IFQ was imposed people were not happy with it, but it worked out well. His friends in the charter business work hard and their dollars are valuable. He asked the Council to recognize the contributions the commercial fleet brings to the community.

 

Pam Shrader, wife of Whitmire, asked that the Council not adopt Resolution 07-28. It is not the place of the City Council to go into the science and reasons the IPHC (International Pacific Halibut Commission) made the recommendation. Commercial fishermen need to be acknowledged for the contributions they make to the community.

 

Mayor Pro Tempore Novak commented on the two fishing industries in the community, noting we are all in the same boat together and need to pull together. The last thing we want is a divisive issue to split the community.

 

RECONSIDERATION

 

None scheduled.

 

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 January 22, 2007 Regular Meeting. City Clerk. Recommend approval.                                                                     

           

B.         Ordinance 07-06, Of the City Council Authorizing Expenditure of Homer Accelerated Water and Sewer Program (HAWSP) Funds for Fairview Avenue Water Main Extension from Kachemak Way to Heath Street and Approving the Creation of a Deferred Assessment on Benefited Properties. City Manager/PWD.  Fiscal Note: Estimated project cost is $72,000 with 25% paid for by the Homer Accelerated Water and Sewer Program. Six parcels will have deferred assessments. The assessment will be born by HAWSP until such time when connection permits are applied for. Recommend Introduction and First Reading, Conduct Public Hearing and Second Reading  February 26, 2007.

                                                                                                                                   

            Memorandum 07-12, From Public Works Director to City Manager, as backup.

                                                                                                                                   

C.        Ordinance 07-07, Of the City Council of the City of Homer Authorizing the City Clerk to Make Revisions to Ordinance 06-07(A), Pursuant to Homer City Code 1.08.060, Revisor Authority. City Clerk. Fiscal Note: N/A Recommend Introduction and First Reading, Conduct Public Hearing and Second Reading February 26, 2007.            

 

            Memorandum 07-13, from Public Works to City Clerk, as backup.                 

 

D.        Ordinance 07-08, Of the City Council of Homer, Alaska Accepting a Donation from the          Homer Volunteer Fire Department (HVFD) membership Association in the Amount of      $34,588.42, Depositing the Funds in an Alaska Municipal League Investment Pool        (AMLIP) Account Established for HVFD Donations; and Placing Restrictions Upon the        Use of the Funds. City Manager. Fiscal Note: $34,588.42 donation. Recommend         Introduction and First Reading, Conduct Public Hearing and Second Reading February           26, 2007.                                                                                                        

           

E.         Resolution 07-21, Of the City Council Amending the City of Homer Procurement Policy and Procedures Manual, Travel Authorization and Expenditure Report Forms Regarding Personal Auto Use Mileage Rate from $0.445 $0.485. City Clerk. Recommend adoption.

                                                                                                                                   

F.                  Resolution 07-22, Of the City Council, Amending the Bylaws of the Parks and Recreation Advisory Commission. City Clerk. Recommend adoption.

 

Placed under Resolutions.        

 

G.        Resolution 07-23, Of the City Council of Homer, Alaska Noting Public Works Acceptance of the Ocean Drive Loop Sewer and the Ocean Drive Loop – Peterson Addition Assessment/Improvement Projects, Accepting These Improvements for City Maintenance and Forwarding the Assessment Districts to the Final Assessment Roll and Payment Process and Setting a Public Hearing Date of April 23, 2007. City Clerk. Recommend adoption.                                                                                

 

            Memorandum 07-20, from Public Works Director to City Manager, as backup.

                                                                                                                                   

H.        Resolution 07-24, Of the City Council of Homer, Alaska Revising a Certain Portion of the Port and Harbor of Homer Terminal Tariff No. 600 and Amending the City of Homer Fee Schedule Accordingly. City Clerk. Recommend adoption.                         

 

            Memorandum 07-21, from Port Director/Harbormaster thru City Manager, as backup.

                                                                                                                                   

I.          Memorandum 07-16, from Mayor, Re: Comprehensive Plan Community         Advisory Committee (CAC) Appointment of Ethan Martin and Port and Harbor Advisory Commission Reappointment of John Velsko. Recommend confirmation.

                                                                                                                                   

J.          Memorandum 07-17, from Clerk, Re: Liquor License Renewal for Don Jose. Recommend non objection.                                                                              

 

K.                Memorandum 07-19, from City Manager, Re: Appointment of Jo Johnson as City Clerk.

 

Councilmember Wythe requested Item F – Resolution 07-22 be moved to Resolutions as Item F.

                                                                                                                                   

Mayor Pro Tempore Novak asked for the adoption and/or approval of the recommendations of the consent agenda as read.

 

WYTHE/SHADLE – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

VISITORS

 

None scheduled.

 

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

 

            A.        Memorandum from Mayor Hornaday, Re: Report on Juneau Trip.        

 

            B.         Report from Councilmember Stark, Re: AML Board Meeting January 23-24,                           2007 in Juneau.                                                                        

           

            C.        Memorandum 07-22, Report from Councilmember Stark, Re: Juneau Trip January                    23-25, 2007.  

                                                                                   

            D.        Memorandum 07-23, from Port and Harbor Advisory Commission, Re: Land                           Allocation Plan 2007.                                                                               

 

            E.         Memorandum 07-24, from Port and Harbor Advisory Commission, Re: Overslope                   Development Task Force (ODTF).                                                      

 

PUBLIC HEARING(S)

 

A.        Ordinance 07-02, Of the City Council Amending Homer City Code Section 1.12.030 Conflict of Interest, Procedure for Declaring. Wythe. (First Reading January 22, 2007,January 8, 2007, Public Hearing and Second Reading on February 12, 2007.)                                                                                                                               

There was no public testimony.

 

WYTHE/ROBERTS - MOVED FOR THE ADOPTION OF ORDINANCE 07-02 BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.

 

Councilmember Wythe noted the conflicts of interest in the past months where she was excluded from voting, yet could participate in conversation that led to voting. The change in the ordinance would eliminate both a councilmember’s discussion and voting if they had a conflict.

 

ROBERTS/HEIMBUCH – MOVED TO AMEND LINE 30 – AFTER PROCEDURE FOR DECLARING CHANGE THE WORDS THAT COUNCILMEMBER WYTHE PROPOSED TO THESE WORDS: A CITY COUNCILMEMBER OR MAYOR WITH A SUBSTANTIAL FINANCIAL INTEREST OR OTHER DISQUALIFYING CONFLICT OF INTEREST UNDER SECTION 1.12.20 SHALL SO DECLARE TO THE BODY AS A WHOLE AND ASK TO BE EXCUSED FROM PARTICIPATING IN THE DISCUSSION AND THE VOTE.

 

The proposed language will make the procedure more clear.

 

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

 

Motion carried.

 

VOTE: (main motion) YES. NOVAK, HEIMBUCH, ROBERTS, WYTHE, SHADLE, STARK

 

Motion carried.

 

B.         Ordinance 07-04, Of the City Council Authorizing the Expenditure of Homer Accelerated Road Program (HARP) Funds for the South Douglas Place Reconstruction and Paving Assessment District Project. Deputy City Clerk. (First Reading January 22, 2007, Public Hearing and Second Reading on February 12, 2007.)      

 

There was no public testimony.

 

Mayor Pro Tempore Novak called for a motion for the adoption of Ordinance 07-04 by reading of title only for second and final reading.

 

WYTHE/SHADLE - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

C.        Ordinance 07-05, Of the City Council of Homer, Alaska Accepting and Appropriating $4,940.00 from the State of Alaska Department of Corrections for Upgrades to the Homer Jail Facility and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. (First Reading January 22, 2007, Public Hearing and Second Reading  February 12, 2007.)                                                           

 

There was no public testimony.

 

Mayor Pro Tempore Novak called for motion for the adoption of Ordinance 07-05 by reading of title only for second and final reading.

 

WYTHE/ROBERTS – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

  1. Resolution 07-09, Of the City Council of Homer, Alaska, Adopting the Functional Wetland Assessment for the 2005 Wetlands Mapping of the City of Homer and Bridge Creek Watershed Protection District, Setting a Time Frame for the Planning Department and Commission to Conduct a Public Process for Public Input on Future Management of Homer Wetlands, to Report back to the City Council by the End of 2007.       

 

There was no public testimony.

 

Formal action will be taken under Resolutions.

 

ORDINANCE(S)

 

A.        Ordinance 06-68, Of the City Council Amending Homer City Code Title 1, General Provisions, I. General, by Adding a New Chapter 1.18, Code of Ethics, and that Section 9. Code of Ethics, of the Council’s Operating Manual, Shall be Replaced with the Codified Version. Shadle. (First Reading January 8, 2007, Public Hearing January 22, 2007, Second Reading February 12, 2007.)                                                          

 

            A.1.     Ordinance 06-68(S)

 

WYTHE/ROBERTS – MOVED FOR THE ADOPTION OF ORDINANCE 06-68(S) FOR SECOND AND FINAL READING BY READING OF TITLE ONLY.

 

HEIMBUCH – CALLED FOR A POINT OF ORDER TO TAKE A RECESS.

 

Mayor Pro Tempore Novak called for a recess at 7:55 p.m. and resumed the meeting at 8:00 p.m.

 

NOVAK/ROBERTS – MOVED TO MAKE THE FOLLOWING AMENDMENTS TO ORDINANCE 06-68(S): ON LINE 206 IN OUR PACKET PAGE 169 I WOULD LIKE TO START OUT THAT LINE WITH THE WORDS  “UPON COUNCIL APPROVAL SUCH OPINION” AND DELETE “UNTIL AMENDED OR REVOKED”. ON LINE 208 IN THE SAME PARAGRAPH IT SAYS “AN ADVISORY OPINION”; CHANGE THAT “ON COUNCIL APPROVAL THE OPINION SHALL BE APPLICABLE”. DELETING AN “ADVIOSRY AND ADDING “UPON COUNCIL APPROVAL THE OPINION SHALL BE APPLICABLE”. I WOULD ALSO LIKE TO GO OVER TO LINE 247: IT SAYS THE CITY COUNCIL MAY IMPOSE A CIVIL FINE OF NOT MORE THAN $1,000. I WANT TO DELETE THE “NOT MORE THAN”. THEN I WOULD LIKE TO ADD TWO ADDITIONAL ITEMS, THE FIRST ONE WOULD BE ITEM J, REPLACE THE J. THAT WE HAVE ON LINE 248 WITH THE FOLLOWING: “THE CITY COUNCIL MAY ORDER THE OFFICIAL TO REIMBURSE THE CITY FOR ANY OR ALL LEGAL EXPENSES INCURRED TO CONDUCT A PUBLIC HEARING ON THE ETHICS COMPLAINT.” I WOULD LIKE TO ADD AN ITEM K AFTER THAT: “THE CITY COUNCIL MAY REMOVE THE OFFICIAL IN QUESTION FROM OFFICE FOR FAILURE TO COMPLY WITH COUNCIL IMPOSED RESTRICTIONS OR PENALTIES.”LINE 248 WILL THEN BECOME L.   

 

Councilmember Heimbuch commented the amendments have reached way to far. There are problems with the $1,000 figure and statement what the City Council may do. It is very subjective and makes him uncomfortable to move from resolution to ordinance.

 

WYTHE/STARK - MOVED TO SEPARATE THE PROPOSED CHANGES TO LINE 247 FOR DISCUSSION PURPOSES.

 

HEIMBUCH – POINT OF ORDER TO MADAM CLERK IF GOING THE RIGHT WAY.

 

City Clerk Johnson advised the amendment could be divided.

 

Council questioned the legality of the amendments; City Manager Wrede concurred. Not all actions would be unethical and carry the same weight of penalty. It should be the review committee’s discretion. Imposing a $1,000 fine is potential for retribution and political grandstanding. Care should be taken that serving the public is not so onerous it decreases participants with no personal resources.

 

HEIMBUCH  - CALLED FOR A POINT OF ORDER RE: VOTE.

 

VOTE: (motion to separate) YES. ROBERTS, WYTHE, STARK, NOVAK, HEIMBUCH

 

VOTE: NO. SHADLE.

 

Motion carried.

 

WYTHE/STARK – MOVED TO DIVIDE THE AMENDEMENTS TO LINE 248, SEPARATING J. AND K.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Item J: The City Council may order the official to reimburse the city for any or all legal expenses incurred and conduct a public hearing on the ethics complaint.

 

Council comments included: This may be an onerous penalty to make the person paying the penalty bereft. It is out of bounds and unreasonable. Councilmember Heimbuch frequently writes the Point of View for the local newspaper and the community takes offense for unduly using ones authority, Councilmember Stark wrote a Point of View and didn’t sign it as councilman, yet the Homer News indicated he was a councilmember.

 

VOTE: (Item J.) NO. NOVAK, HEIMBUCH, ROBERTS, WYTHE, SHADLE, STARK

 

Motion failed.

 

Item K: The City Council may remove the official in question from office for failure to comply with Council imposed restrictions or penalties.

 

Councilmember Wythe asked if there was a provision from removing a councilmember and City Manager Wrede confirmed that could be done by recall. There is the potential for it to get real political if someone falls out of favor. It may be redundant to add the new paragraph as it is already done in Item A. Maker of the motion Pro Tempore Mayor Novak said the amendment is a clarification of the issues.

 

Councilmember Wythe commented if the City Attorney has decided Item A. is acceptable you could follow up with removal if sanctions are ignored. 

 

NOVAK/WYTHE – MOVED TO AMEND THE AMENDMENT TO COMPLY WITH COUNCIL RESTRICTIONS AND PENALTIES TO ADD “AS DEFINED IN THIS SECTION”.

 

Declaring a councilmember vacant may mean they are already removed. Item A. addresses an additional response action. Item K. would prevent a new hearing for the same behavior and allow removal from office, much like progressive discipline.

 

VOTE: (second amendment) YES. NOVAK, ROBERTS, WYTHE

VOTE: NO. STARK, HEIMBUCH, SHADLE

 

Motion failed.

 

Line 206 and 208 – inserted “upon council approval such opinion shall be binding”. And “upon council approval” at the beginning of sentence on Line 208.

 

There was no additional discussion.

 

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

VOTE: NO. SHADLE

 

Motion carried.

 

STARK/SHADLE - MOVED TO AMEND TO STRIKE THE SENTENCE THAT STARTS ON LINE 103 – COUNCILMEMBERS WILL REFRAIN FROM USING THEIR TITLE EXCEPT WHEN DULY REPRESENTING THE CITY IN THAT CAPACITY.

 

Councilmember Stark said it is not necessary as the previous sentence and following sentence says the same thing. If you are lobbying while in Juneau or at the Mayor’s Inaugural Ball it is ridiculous. Councilmember Wythe noted the City sends you to the places to duly represent the City. If you are writing letters outside the council you are not representing the whole. When writing personal opinions you can separate yourself from the council by indicating it. By using your title of councilmember you are implying the full authority of the council.

 

Councilmember Heimbuch said the entirety is in lines 105 and 106 as councilmembers are not entitled to write letters representing the whole council. He asked to combine the two in a way to show where the use of the title is appropriate.

 

HEIMBUCH/STARK – MOVED TO AMEND THE AMENDMENT TO LINE 103, PAGE 167 – COUNCILMEMBERS WILL REFRAIN FROM USING THEIR TITLE EXCEPT WHEN DULY REPRESENTING THE CITY IN THAT CAPACITY TO AVOID IMPLYING THE REPRESENTING OF THE WHOLE BY USE OF THEIR TITLE.

 

The first line and the third line cover the question of using your title.

 

HEIMBUCH/STARK – MOVED TO WITHDRAW.

 

There was no discussion.

 

VOTE: NO. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

VOTE: (amendment) YES. STARK, HEIMBUCH

VOTE: NO. WYTHE, SHADLE, NOVAK, ROBERTS

 

Motion failed.

 

HEIMBUCH/SHADLE – MOVED TO AMEND LINE 247 SECTION I. CHANGE FIGURE TO $250.

 

Comments were made on the subjective power of the ordinance and leeway between penalties ranging from zero to $1,000. Penalties imposed would depend on the offense and the judgment of the people imposing the fine.

 

VOTE: NO: ROBERTS, WYTHE, NOVAK

VOTE: YES: SHADLE, STARK, HEIMBUCH

 

Motion failed.

 

Councilmember Shadle commented he may have supported the ordinance but with the passing of the amendments he questions its legality. Mayor Pro Tempore Novak explained the council has been given the ability to approve the city attorney’s opinion which was the only amendment passed on Line 208.

 

VOTE: (main motion) YES. ROBERTS, WYTHE, SHADLE, STARK, NOVAK

VOTE: NO. HEIMBUCH.

 

Motion carried.

 

CITY MANAGER’S REPORT

 

A.        City Manager’s Report

  1. Port and Harbor Lease Notes: An RFP is currently on the street for three lots along Fish Dock Road, the old Porpoise Room lot, and Lot 12 next to the Deep Water Dock. The deadline for submittal of proposals is March 16.  This meeting agenda contains a resolution with proposed amendments to the Lease Policies that are intended to improve the investment environment while still protecting the interests of the City.
  2. KESA Contract Negotiations: Representatives from The City, the Borough, and KESA are scheduled to have a meeting in Homer on Feb. 7th. This meeting is to talk about a new contract, start to define our mutual goals with respect to the long term relationship between the parties, and resolve the questions about vehicle maintenance that I brought to your attention earlier. The latest contract extension expires on March 31. So, we hope to reach a tentative agreement in February in order to give both the Council and the Borough Assembly time to approve it.
  3. Hillfair Court Street Light: It is my understanding that the new street light recently approved by the Council on Hillfair Court is scheduled to be installed this week.
  4. Kachemak Bay Ferry: We have begun discussions with the Seldovia Native Association about potential locations in the harbor where the new ferry could land and load passengers. There is also a desire to build a new visitor center. The discussion is very preliminary at this point but we will involve the Port and Harbor Commission and the Council when we identify solid alternatives that can be reviewed and approved.
  5. Alaska Marine Highway / Proposed Warehouse: The Alaska Marine Highway System is proposing to built a new, large, metal warehouse immediately adjacent to the Ferry terminal. The City has a number of concerns about this. We are actively discussing alternatives and we hope to come to a solution that works for all parties. AMHS is willing to consider placing the warehouse at another location that has been offered by the City but it has requested concessions with respect to the lease rate. The Lease Committee will be discussing this along with other possible solutions and will prepare a recommendation. On a separate track, the City is preparing to open negotiations on amendments to the dock use agreement with AMHS.
  6. New Courthouse: The Alaska Court System remains very interested in working with the City to build a new Courthouse in or near the Town Center. The court system recently extended its lease in the existing court building to provide more time for the City and the other Town Center landowners to work out some of the site selection and infrastructure issues. In the near future, I will ask the Council to decide a) whether it wants to see a new 20,000 square foot court house in or near the Town Center and b) if it is willing to build the courthouse and lease it back to the court.
  7. Municipal Energy Assistance Program: The State FY 2007 Operating Budget contained $213,701 for the Municipal Energy Assistance Program (MEAP). You may recall that this was one time funding that was a stop gap measure because the legislature did not want to restore revenue sharing without a permanent revenue source. Here is the embarrassing (for us) but good (for you) news. We somehow forgot to include this revenue in the recently approved 2007 Operating Budget. This means that the City has $213,701 in additional revenue that was not shown in the budget. Regina recently filled out the necessary paperwork to obtain this money. Our intent is to just place the money in the General Fund to help grow the Fund Balance. You will recall that increasing the Fund Balance was one of the Council’s Budget goals this year that we did not address as well as we would like. Remember, this money cannot be spent unless specifically appropriated by the Council. If the Council prefers to appropriate this money for another use, it can do so through a budget amendment ordinance. 
  8. 911 Contract: You may recall that the Council recently approved a new 911 emergency call taking contract with the Borough. Subsequent to that approval, both the City attorney and the Borough attorney found some additional items that they felt needed to be amended. We are working on those changes now and expect to bring a new contract to you for approval at the next meeting.
  9. Sale of Dredged Materials: The City currently has approximately 20,000 yards of dredged materials stored at the material site. This spring, we expect to obtain at least that much when the harbor entrance is dredged. We need to move all of this materials. Bid documents will be on the street shortly. In the past we have required a minimum bid of $5.00 per cubic yard. The last two times we went out to bid, we had trouble obtaining bids. A big part of the reason for this is that the Council has prohibited dredged materials from leaving the spit. This was done for a variety of environmental and policy reasons. However well intentioned this policy is, there is no doubt that it is putting the City in a financial bind. There is really only one potential bidder on the Spit right now that has a use for spoils in that quantity. He has no real incentive to bid high because there are few, if any competitors. If the City had to move the spoils itself to another beach location, it would be very expensive. In the meantime, the demand for dredge spoils is very high if the materials could be taken off the spit. We have reason to believe the City could obtain far more than $5.00 pr cubic yard. So, in the meantime we have decided (for this bid cycle) to remove the minimum bid amount but stick with the requirement that all spoils remain on the spit. If we get no bids or very low bids, the Council could revisit the idea of whether it is a good idea to allow spoils to be moved off the spit.
  10. EPA Award. The City has received a national award from EPA for innovative use of the low interest drinking water loan program funds. EPA was impressed with how the City levies a .75% sales tax for the HAWSP Program and uses that money to expand infrastructure, pay off the loans, and provide excellent financial terms to property owners in water and sewer LIDs.
  11. PERS Assistance: In FY 2007, the City received $248,456 in PERS Assistance. It is up to the Council to decide whether it wants to use that money to pay down its unfunded liability and reduce interest payments or, use the money to reduce its annual PERS payment in 2007. Doing that would free money up for other uses in this year’s budget. The Council has indicated by resolution that it wants all PERS assistance to go directly toward the unfunded liability. So, that is how we intent to proceed unless directed otherwise. One thing you might want to consider is whether you want to direct the money to the City’s unfunded liability account with the State, or take the money in cash and invest it in the City’s own account. You will recall that this was discussed quite a bit.

 

Additional items discussed were Enstar’s proposal to bring natural gas to Homer, the Tsunami Warning System and junked cars.

                                               

B.         Bid Report      

C.        Games Report                                                                                                             

D.        Question of the Week                                                                                      

E.         Records Report (Inactive Records and Records Destruction)               

F.         Records Inventory Report                                                                                

 

City Manager Wrede comments included:

§         Kenai Chapter of the Sport Industry Alliance monthly meeting February 20th will include Enstar’s proposal to bring natural gas to Homer.

§         Tsunami Warning System is back on track after administration changes and interagency disputes and the project is to be completed by August 31st. She new system will have many abilities.

§         Mayor Hornaday, Councilmember Stark and himself were well received in Juneau with the best receptions at DOT and DEC. Funds for the Water Treatment Plant may make it back in the budget.

§         Legislative issues, House Bill 84, PERS, MatSu Ferry and junked cars were discussed at the Peninsula Conference of Mayors and Tri-Borough Mayors. There was a presentation by the Methamphetamine Education Program.

§         Information provided in the Manager’s Report on #11 regarding PERS was clarified – funds received from PERS will be as a credit rather than payment. They will go towards the 2007 PERS debt. Last year PERS advised to pay down the unfounded liability so would pay less interest and may give community a credit. This year advised Council has done the smart thing by putting the money inside in our own account.

 

Councilmember Wythe recognized the City’s receipt of a national award from the EPA for innovative use of the low interest drinking water loan program funds. The City levies the .75% sales tax for the HAWSP fund and uses the money to expand infrastructure, pay off loans and provide excellent financial terms to property owners on their water and sewer LIDs.

 

Dredge spoils will be discussed at the Committee of the Whole first meeting in March.

 

COMMITTEE REPORT

           

A.        Comprehensive Plan Community Advisory Committee (Met January 29, 2007 at 6:30 p.m.)

 

B.         Global Warming Task Force (Met January 26, 2007 at 3:45 p.m.)                   

 

C.        Public Arts Committee (Meets February 15, 2007 at 11 a.m.)

 

D.        Transportation Advisory Committee. (Meets February 20, 2007 at 5:30 p.m.)

 

PENDING BUSINESS

 

There was no pending business.

 

 

 

NEW BUSINESS

 

A.        Memorandum 07-18, from Councilman Stark, Re: Low-Rent Housing. Recommend approval.                                                                                                           

 

Recommendation: Direct the City Manager to contact AHFC to pursue what is available for Homer for low-income tenant apartments.

 

STARK/WYTHE – MOVED FOR THE APPROVAL OF THE RECOMMENDATIONS OF MEMORANDUM 07-18.

 

The AHFC low rent housing program is available to those around the state. City Manager Wrede offered to contact AHFC and pursue the options for Homer and report back at the next meeting of the Council.

 

VOTE: YES. ROBERTS, WYTHE, SHADLE, STARK, NOVAK, HEIMBUCH

 

Motion carried.

 

RESOLUTIONS

 

A.        Resolution 07-09, Of the City Council of Homer, Alaska, Adopting the Functional       Wetland Assessment for the 2005 Wetlands Mapping of the City of Homer and Bridge         Creek Watershed Protection District, Setting a Time Frame for the Planning Department      and Commission to Conduct a Public Process for Public Input on Future Management of             Homer Wetlands, to Report back to the City Council by the End of 2007. City Manager.          Recommend adoption.                                                                                 

 

            Memorandum 07-02 from Planning Technician thru City Manager, as backup.

                                                                                                                                   

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 07-09 by reading of title only.

 

WYTHE/ROBERTS – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OJBECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

 

B.         Resolution 07-26, Of the City Council of Homer, Alaska Supporting House Bill 84      Relating to the Sharing of Fisheries Business Tax with Municipalities and Providing for      an Effective Date. Shadle. Recommend adoption.                                             

 

Pro Tempore Mayor Novak called for a motion for the adoption of Resolution 07-26 by reading of title only.

 

SHADLE/WYTHE – SO MOVED.

 

Councilmember Shadle commented it is important to get behind Representative Seaton on HB 84 as it is not an extra tax, it is already there and while fish are being landed in our port we are not getting any money back.

 

VOTE: YES. NOVAK, HEIMBUCH, ROBERTS, WYTHE, STARK, SHADLE

 

Motion carried.

 

C.        Resolution 07-27, Of the City Council of Homer, Alaska Encouraging the International            Pacific Halibut Commission (IPHC) and North Pacific Fishery Management Council     (NPFMC) to Adopt the Charter License Limitation Program to Bring the Sport Harvest      into Compliance in a Manner that Does Not Disenfranchise Local Residents from Access             to Halibut Resources. Shadle. Recommend adoption.                           

 

STARK/SHADLE - MOVED FOR THE ADOPTION OF RESOLUTION 07-27 BY READING OF TITLE.

 

STARK/HEIMBUCH – MOVED TO AMEND TO ELIMINATE THE BE IT FURTHER RESOLVED AT THE END OF THE RESOLUTION.

 

The last paragraph does not apply to Homer residents.

 

Councilembers Wythe and Heimbuch are not in favor of the City taking a position, as it would pit the two people against each other. One is a fully regulated industry and the other is not. The charter industry is going to improve and get better over time. There is a process underway to reestablish the program and Council should not get involved.

 

Councilmember Stark said the resolution as amended does encourage the improvement of the regulation of the industry.

 

Mayor Pro Tempore Novak noted the difference of the resolutions, one deals with IFQ’s and one with current economic issues. Both have merit, but the City doesn’t want to take sides to make a divisive community. The only way to deal with the resolutions is vote for both or none. Making a statement that justifies both sides of the issues and pointing out the problems with each resolution may be a better thing than doing nothing.

 

WYTHE – CALLED FOR THE QUESTION ON THE AMENDMENT.*

 

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

 

VOTE:  NO. NOVAK

 

Motion carried.

 

Councilmember Heimbuch pointed out there is no way around this and either all or nothing on the resolutions ignores the reality of the allocation battle and how far down the road we are.

 

WYTHE – MOVED FOR A POINT OF ORDER - ONLY RESOLUTION 07-27 IS ON THE FLOOR.

 

Councilmember Stark voiced concern of the economic viability of the charter industry operators, with the main concern of the viability of resource. Halibut are smaller in size each year and the function of the Commission is to try and reserve the resource.

 

WYTHE – MOVED TO CALL FOR THE QUESTION.*

 

VOTE: YES: SHADLE, STARK

 

VOTE: NO: NOVAK, HEIMBUCH, ROBERTS, WYTHE

 

Motion failed.

 

D.        Resolution 07-28, Of the City Council of Homer, Alaska Opposing the Arbitrary Action          of the International Pacific Halibut Commission’s Attempt to Regulate Domestic      Allocations Without Public Notice or Comment, and Thereby Causing a Disruptive    Economic Impact on Seasonal Local Economies in Alaskan Coastal Communities.             Recommend adoption.                                                                         

 

NOVAK/SHADLE – MOVED FOR THE ADOPTION OF RESOLUTION 07-28 BY READING OF TITLE ONLY.

 

Mayor Pro Tempore Novak and Councilmember Roberts concurred the Council should not make a decision out of fairness to the people.

 

Councilmember Shadle, a halibut fisherman for 22 years, doesn’t fish in the same areas. To do nothing sets the tone for one’s personal agenda. It is a different type of issue and the Council does not have a fisherman’s hat. Testimony tonight was half for charter and half for commercial fishermen. A yes vote on Resolution 07-28 is not that damaging to commercial fishermen. In the 1990’s every coastal fisherman opposed IFQ’s and they passed it anyway.

 

HEIMBUCH – MOVED TO CALL FOR THE QUESTION.*

 

VOTE: (main motion) NO. WYTHE, STARK, NOVAK, HEIMBUCH, ROBERTS

VOTE: YES. SHADLE

 

Motion carried.

 

Mayor Pro Tempore Novak commented his position is to bring the community together rather than divide it. The discussion was necessary and the Council has educated themselves by bringing the issue to the forefront of the community.

 

E.         Resolution 07-25, Of the City Council of Homer, Alaska Amending the City Property             Management Policy and Procedures Manual. City Manager. Lease Committee.        Recommend adoption.                                                                         

 

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 07-25 by reading of title only.

 

WYTHE/ROBERTS – SO MOVED.

 

WYTHE/ROBERTS – MOVED TO REFER TO THE ECONOMIC DEVELOPMENT COMMISSION.

 

There was no objection.

 

VOTE: (refer to commission) YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

 

F.         Resolution 07-22, Of the City Council, Amending the Bylaws of the Parks and Recreation Advisory Commission. City Clerk. Recommend adoption.       

 

WYTHE/ROBERTS - MOVED FOR THE APPROVAL OF RESOLUTION 07-22.

 

The Resolution will include beaches in the Parks and Recreation Commission’s bylaws. Including public to beaches will limit their scope to public or city owned beaches.

 

WYTHE/– MOVED TO AMEND TO INCLUDE “PUBLIC” BEFORE EACH “BEACHES” AT EACH INSERTION.

 

There was discussion on the variable ownership of private beaches.

 

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

 

Motion carried.

 

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

 

Motion carried.

 

COMMENTS OF THE AUDIENCE

 

Audience comments upon any matter.

 

Bob Howard, city resident, commended the Council for taking Resolutions 07-27 and 07-28 under discussion. We are in a process of establishing proper management tools in the charter industry. Recently the NPFMC moved to set a moratorium on the charter industry. The next hearing is in Anchorage the week of March 21st 

 

Don Lane, Homer resident, thanked the Council for their concern on the halibut charter issue. There has been frustration for 10 years over the conservation issue and something is needed to create the minimum amount of effect on the charter fleet to bring them to the GHL. It is a brave commission to step out and say it is becoming a conservation issue. Stocks are declining and all user groups have to understand conservation and all the issues.

 

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 confirming Jo Johnson as new City Clerk, stating she was qualified and will do a great job. Mary Calhoun has been an institution around the city for a long time, having worked for nearly 20 years. She put her heart and soul into the job and was organized with a basic knowledge of city government. He will personally miss Mary, as she is a big loss to the city. Although Mary would like to ride off into the sunset with no fanfare, we are not going to let her do that. A gift and a resolution of appreciation of service is scheduled for the next council meeting. He asked that the Mayor and Council sponsor it for the next meeting.

 

In the recent news reports about the incident at the Homer airport 10 months ago, the State has completed its investigation and moved the investigation on to Federal prosecutors. Media reports indicated there may have been Alaska Criminal Statutes violated. They didn’t say this is a normal procedure when Federal agents are involved. The news reports cast another cloud of suspicion and doubt on the Homer Police Department. He urged the public not to jump to conclusions even though it is frustrating to all, as it has taken almost a year. The investigation has to happen right with a comprehensive investigation. We owe nothing less to the family and officers involved. Wait for the facts to come out and we can all discuss it.

 

COMMENTS OF THE MAYOR

 

Mayor Pro Tempore Novak attended the VIP reception and Governor’s Bash February 3rd. There were a lot of great people and they really do dress up. The Governor was looking great; she’s a good looking woman and young. He talked to her husband; he’s a feisty guy who races snow machines in the Iron Dog. It will be interesting to see how they move Alaska forward. He appreciated the discussion on the ethics ordinance and comments from the audience on fish. The Wetlands Mapping Program will provide framework for establishing wetlands and defining them. We can now work with the COE as partners without another bureaucratic layer. He appreciates the meeting and everyone’s input.

 

COMMENTS OF THE CITY COUNCIL

 

Councilmember Wythe had no comments.

 

Councilmember Shadle congratulated Jo and Melissa for moving up the step ladder and will look forward to working with them in the process. He will miss Mary very much.

 

Councilmember Stark said Hello-a-hoa-newee to Matt. As a professional himself, one of the most professional things you can do is groom a successor. Mary did that and didn’t leave until she had a successor competent to take over the demanding job. He congratulated Mary on that and is delighted to have Jo here. He wished all a happy Valentine’s Day.

 

Councilmember Roberts congratulated Jo & Melissa and wished Mary good luck in her new adventures. With the wetlands map there is a lot of good information available to the public.

 

ADJOURNMENT

 

There being no further business to come before the Council the meeting was adjourned at 9:48 p.m. by Mayor Pro Tempore Dennis Novak. The next Regular Meeting is scheduled for February 26, 2007 at 7 p.m. and the next Committee of the Whole is scheduled for Monday, February 26, 2007 at 4 p.m. There will be a Joint Worksession with the Council’s advisory bodies on the Land Allocation Plan at 5:30 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] Mr. Moss corrected this to Resolution 07-28.

[2] Mr. Moss corrected this to Resolution 07-27.

* Motion for Call for the Question (Previous Question) requires a second, is not debatable nor amendable and requires a 2/3 vote.

* Motion for Call for the Question (Previous Question) requires a second, is not debatable nor amendable and requires a 2/3 vote.