Session 07-14 a Regular Meeting of the Homer City Council was called to order on June 25, 2007 at 7:03 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:           NOVAK, ROBERTS, SHADLE, STARK, WYTHE

 

                        ABSENT:                                HEIMBUCH (excused)

 

                        STAFF:                                    CITY MANAGER WREDE

                                                                        CITY CLERK JOHNSON

                                                                        PUBLIC WORKS DIRECTOR MEYER

                                                                        FIRE CHIEF PAINTER

 

Councilmember Heimbuch has requested excusal.

 

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

 

Council met as a Committee of the Whole from 4:05 to 5:15 p.m. Agenda items: Caribou Hills Fire Briefing, Trip to Sister City Teshio, Water Supply, Fire Station, Participation of Elected Officials in the South Peninsula Hospital Service Area Board Agreement Negotiations and Regular Meeting Agenda Items.     

 

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 agenda was approved by consensus of the City Council with the following changes:

Consent Agenda: Add Backup information to Memorandums 07-101 and 07-102; Resolutions: Resolution 07-72(S).

 

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

 

Public may comment on any matter on the agenda, except: Public Hearing items: Ordinance 07-23, Appropriating $106,000.00 for Expansion of the Parking Lot at the Base of the Spit, Ordinance 07-24, Amending the FY 2007 Operating Budget and Appropriating the Change in Fund Balance in Fiscal Year 2006 ($1,025,945) by Retaining $600,000 in the General Fund Reserve and Appropriating $425,945 to the City Hall Depreciation Reserve and Ordinance 07-25  Accepting and Appropriating a State of Alaska Fiscal Year 2007 Legislative Grant in the Amount of $2 Million for the New Homer City Hall Town Plaza Project.

 

Kevin Hogan, city resident, commented on Resolution 07-25, noting the changes made are for the better. He urged Council not to hamstring the ability for lessees to finance their projects. He pointed out the lack of enforcement on leases. Additionally, there is a need to simplify the Lease Policy.

 

 

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 June 11, 2007 Regular       Meeting. City Clerk. Recommend approval.                                                         

           

B.         Resolution 07-73, Of the City Council of Homer, Alaska Acknowledging the Need to Replace Fire Engine 4, Establishing that as a Capital Equipment Priority, and Authorizing the City Manager to Solicit Proposals for a New Fire Engine. City Manager/Fire Chief. Recommend adoption.                                                                           

 

            Memorandum 07-104, from Fire Chief as backup.       

 

Placed under Resolutions.                                

 

C.        Resolution 07-74, Of the City Council of Homer, Alaska Awarding the Contract for the Design Survey for the Kachemak Drive Phase II Water/Sewer LID Directly to the Firm of Seabright Survey of Homer, Alaska in the Amount of $65,000.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk. Recommend adoption.

                                                                                                                                   

            Memorandum 07-107, from Public Works as backup.

 

Placed under Resolutions.                                

 

D.        Memorandum 07-100, through City Manager, Re: Airport Terminal Concession Lease. Recommend approval.                                                                                     

 

E.         Memorandum 07-105, from City Clerk, Re: Visit to Japan Sister City of Teshio          Recommend approval.                                                                         

 

F.         Memorandum 07-101, from Mayor, Re: Appointment of Barbara Howard and           Reappointments of Lane Chesley and Ray Kranich to the Homer Advisory Planning        Commission. Recommend confirmation.

 

Placed under New Business.                                        

 

G.        Memorandum 07-102, from City Clerk, Re: Liquor License for Boardwalk Fish and   Chips. Recommend approval.                                                                     

 

H.        Memorandum 07-103, through City Manager, Re: Proposed 2007 Budget Schedule. Recommend approval.

NOVAK/WYTHE – MOVED FOR THE ADOPTION OF THE RECOMMENDATIONS OF THE CONSENT AGENDA AS AMENDED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

VISITORS

 

A.        Tina Day, Homer Chamber of Commerce, Mid Year Update, 10 minutes.

 

Tina Day, Executive Director of the Homer Chamber of Commerce, provided an update of the activities and efforts to promote Homer and its business community.

           

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH    REPORT/COMMISSION REPORTS

 

A.        Resolution PR07-01 of the Homer Parks and Recreation Advisory Commission            Recommending the Homer City Council Consider a Large Central Park in Town Center.   

 

B.         Resolution PR07-02 of the Homer Parks and Recreation Advisory Commission            Recommending the City of Homer Focus the Creation of Steep Slope Development           Regulations.                                                                                                     

 

C.        Memorandum from City Clerk, Re: Northwest Clerks Institute Master Academy.

 

Annie McGreenery, Parks and Recreation Advisory Commissioner, spoke on the planned events for Park Day on August 18th  and areas of improvement needed for local parks.

 

Lou Stewart, Chairman of the Parks and Recreation Advisory Commission, relayed the sorry state of Karen Hornaday Park. A four-city tournament is to be hosted in Homer beginning July 7th and the parking lot needs grading before then. He would like to see increased funding for Karen Hornaday Park.              

 

PUBLIC HEARING(S)

 

A.        Ordinance 07-23, Of the City Council of Homer, Alaska Approving a Capital Project and Amending the FY 2007 Operating Budget to Appropriate $106,000.00 for Expansion of the Parking Lot at the Base of the Spit. City Manager. First Reading June 11, 2007, conduct Public Hearing and Second Reading June 25, 2007.                

 

            Memorandum 07-98 from Public Works Director as backup.               

 

There was no public testimony.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 07-23 by reading of title only for second and final reading.

 

WYTHE/NOVAK – SO MOVED.

 

Council voiced their approval of parking in the area.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Ordinance 07-24, Of the City Council of Homer, Alaska Amending the FY 2007 Operating Budget and Appropriating the Change in Fund Balance (Excess Revenues over Expenditures) in Fiscal Year 2006 ($1,025,945) by Retaining $600,000 in the General Fund Reserve and Appropriating $425,945 to the City Hall Depreciation Reserve. Wythe. First Reading June 11, 2007, conduct Public Hearing and Second Reading June 25, 2007.

 

There was no public testimony.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 07-24 by reading of title only for second and final reading.

 

WYTHE/NOVAK – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.                                                                                                

 

C.        Ordinance 07-25, Of the City Council of Homer, Alaska Accepting and Appropriating a State of Alaska Fiscal Year 2007 Legislative Grant in the Amount of $2 Million for the New Homer City Hall Town Plaza Project and Authorizing the City Manager to Execute the Appropriate Documents.  City Manager. First Reading June 11, 2007, conduct Public Hearing and Second Reading June 25, 2007.                                                    

 

There was no public testimony.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 07-25 by reading of title only for second and final reading.

 

WYTHE/NOVAK – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

ORDINANCE(S)

 

CITY MANAGER’S REPORT

 

A.        City Manager’s Report  

 

The City Hall – Town Plaza Review Committee is making a lot of progress in their directives for site recommendations, fiscal strategy and size and function of the new City Hall. It is difficult to separate City Hall and a Town Plaza from the rest of the Town Center. The committee is struggling with a site selection without the plaza being defined. Suggestions included determining where roads would go before allocating the rest of the area. When a site is chosen conceptual site plans will be looked at. Another view is to decide where the building will go and that will dictate where the roads will go. Alternate recommendations for sites are needed for Council to make a decision. As the committee’s recommendations are due by the end of July, it will most likely be site recommendations and the infrastructure will follow.

 

City Manager Wrede is to provide a written report on the options of low income housing as outlined by AHFC. Student housing that could be utilized for the university and seasonal visitors was discussed.       

 

B.         Bid Report                                                                                                      

           

C.        Question of the Week – Do you plan to use Homer’s Parks this summer? Which ones?       

 

COMMITTEE REPORT

           

A.        Comprehensive Plan Community Advisory Committee

            (June 26, 2007 6 p.m. – 8 p.m.)

 

B.         Global Warming Task Force

            (August 1, 2007 6 p.m. – 8 p.m.)

 

C.        Public Arts Committee

            (July 19, 2007 11:00 a.m.)

 

D.        Transportation Advisory Committee

            (July 17, 2007 5:30 p.m.)

 

E.         City Hall - Town Plaza Review Committee

            (June 28, 2007 4 p.m. – 6 p.m.)

 

PENDING BUSINESS

 

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

 

Motion on the floor from the February 12, 2007 meeting: TO ADOPT RESOLUTION 07-25 BY READING OF TITLE ONLY.

As to PROPERTY MANAGEMENT POLICIES AND PROCEDURES:

 

Chapter 2.2 A

 

WYTHE/ROBERTS – MOVED TO AMEND THE COMMITTEE MAKEUP TO READ: THE CITY MANAGER SHALL ESTABLISH A LEASE COMMITTEE THAT WILL CONSIST OF THE FINANCE DIRECTOR, THE CITY PLANNER, THE PORT AND HARBOR DIRECTOR, ONE MEMBER OF THE ECONOMIC DEVELOPMENT COMMISSION, ONE MEMBER OF AN ADDITIONAL COMMISSION AS DETERMINED APPROPRIATE BY THE CITY MANAGER, AND ONE MEMBER OF THE PUBLIC.

 

Discussion ensued as to a member of the Port and Harbor Advisory Commission on the Lease Committee. When there is a port and harbor issue affecting their area, the appropriate additional commissioner would be from the Port and Harbor Advisory Commission.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

NOVAK/ROBERTS – MOVED TO ADD AFTER “THE COMMISSION” THE MANAGER SHALL CONSULT WITH THE CHAIR OF THE COMMISSIONS TO DETERMINE WHO FROM THE COMMISSION AND WHO FROM THE PUBLIC MIGHT BEST SERVE THE COMMITTEE AND NOT BE SUBJECT TO CONFLICTS OF INTEREST.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

ROBERTS/WYTHE - MOVED TO AMEND ON SAME SECTION 2.2A – THE LEASE COMMITTEE MAY CONSULT WITH OTHER DEPARTMENT HEADS SUCH AS, THE FIRE CHIEF, POLICE CHIEF AND THE PUBLIC WORKS DIRECTOR AND THE CITY MANAGER OR OUTSIDE PROFESSIONAS AS NEEDED AND APPROPRIATE.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Chapter 3.2E

 

NOVAK/WYTHE - MOVED TO AMEND 3.2E TO DELETE THE LAST SENTENCE BEGINNING “THE CITY, AT ITS DISCRETION”.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Chapter 13K

 

WYTHE/NOVAK – MOVED TO STRIKE “DEVELOPMENT FOR THE PURPOSES…”, CAPITALIZE THE “T” BEFORE THE CITY.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

WYTHE/NOVAK – MOVED TO STRIKE “IN RESTRICTED USE ZONES OR, IF NOT IN A RESTRICTED USE ZONE”, ADD “S” TO CODES AND RESTRICTED USES AS APPROVED BY COUNCIL.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Chapter 13.2H

 

WYTHE/NOVAK - MOVED TO STRIKE SECOND SENTENCE: “AS A GENERAL RULE…”

 

Perimeters for leasing are identified in the document already, although this area addresses sub-leases.

 

VOTE: YES. WYTHE, SHADLE,

 

VOTE: NO. SHADLE, STARK, ROBERTS

 

Motion failed.

 

SHADLE/ - MOVED THAT THIS BECOME EFFECTIVE IMMEDIATELY.

 

Council confirmed the resolution would be effective upon adoption.

 

Councilmember Shadle withdrew the motion.

 

NOVAK/WYTHE – MOVED TO STRIKE THE SECOND SENTENCE IN “H” – “AS A GENERAL RULE…”.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Chapter 12.2A1

 

WYTHE/NOVAK - MOVED TO STRIKE THE ADDITION: “ IN THE EVENT THAT AN APPRAISAL”.

 

Leaving the sentence in would allow a renegotiation of leases in the event economics change drastically. There are not many people that would lower a lease when the market declines. It is not in sync with what is happening in the real world. Lease reductions are happening on the East coast and may happen here too.

 

VOTE: YES. WYTHE, NOVAK

 

VOTE: NO. ROBERTS, SHADLE, STARK

 

Motion failed.

 

WYTHE/ - MOVED TO AMEND THE RESOLUTION TO ADD ANOTHER BE IT FURTHER RESOLVED, THAT THE ECONOMIC DEVELOPMENT COMMISSION SHALL BE AUTHORIZED TO REVIEW THE POLICY IN ITS ENTIRETY AND SUBMIT RECOMMENDATIONS AT A LATER DATE.

 

Motion died for lack of a second.

 

SHADLE/WYTHE - MOVED TO PICK UP WHERE BETH LEFT OFF ON THAT AMENDMENT AND ADD THE ECONOMIC DEVELOPMENT COMMISSION  AND THE PORT AND HARBOR COMMISSION.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

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

 

Motion carried.

 

NEW BUSINESS

 

A.        Memorandum 07-101, from Mayor, Re: Appointment of Barbara Howard and           Reappointments of Lane Chesley and Ray Kranich to the Homer Advisory Planning        Commission. Recommend confirmation.

Councilmember Shadle indicated his reluctance to support the Mayor’s appointments.

 

SHADLE/STARK - MOVED TO DIVIDE THE QUESTION TO VOTE ON EACH APPOINTMENT SEPARATELY.

 

Councilmember Novak asked Councilmember Shadle if there were any conflicts of interest. The Planning Commission are the people who will be making decisions on upcoming proposals the Commission may be voting on.

 

Councilmember Shadle replied he does not have anything in front of the Planning Commission at this time, although he has in the past and that is not why he is making the motion. It is important because if for some reason the memorandum does not pass the Planning Commission will be down to four members and he doesn’t want to see that happen. Dividing the question is a way to get some of the commissioners on board.

 

VOTE: YES. SHADLE, STARK

 

VOTE: NO. ROBERTS, WYTHE, NOVAK

 

Motion failed.

 

NOVAK/WYTHE - MOVED TO APPROVE THE RECOMMENDATIONS FOR THE PLANNING COMMISSION.

 

There was no discussion.

 

VOTE: YES. NOVAK, ROBERTS, WYTHE

 

VOTE: NO. SHADLE, STARK

 

Motion failed.

 

RESOLUTIONS

 

A.        Resolution 07-72, Of the City Council of Homer, Alaska Approving the General Contractor Construction Manager Procedure and Authorizing the City Manager to Prepare an RFP for Architectural Services on the City Hall and Town Plaza. City Manager. Recommend adoption.

 

            Resolution 07-72(S), Of the City Council of Homer, Alaska Approving the General Contractor Construction Manager Procedure and Authorizing the City Manager to Prepare an RFP for Architectural Services on the City Hall and Town Plaza. City Manager. Recommend adoption.

 

Mayor Hornaday called for a motion to adopt Resolution 07-72 by reading of title only.

 

WYTHE/ROBERTS - SO MOVED.

 

Councilmember Stark asked if different types of financing such as lease purchase were precluded. City Manager Wrede answered it did not necessarily, a lease purchase agreement with option to own could be used. It is a well accepted method.

 

WYTHE/ NOVAK - MOVED TO REPLACE WITH THE SUBSTITUTE.

 

The substitute resolution reorganizes to put an emphasis on the committee rather than the city engineer.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Resolution 07-74, Of the City Council of Homer, Alaska Awarding the Contract for the Design Survey for the Kachemak Drive Phase II Water/Sewer LID Directly to the Firm of Seabright Survey of Homer, Alaska in the Amount of $65,000.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk. Recommend adoption.

                                                                                                                                   

            Memorandum 07-107, from Public Works as backup.

 

NOVAK/ROBERTS – MOVED TO ADOPT RESOLUTION 07-74 BY READING OF TITLE ONLY.

 

Phase II of the Kachemak Drive Water/Sewer LID was awarded to Bristol Engineering, now the City will deal directly with Seabright Survey. Councilmember Novak asked if there was a conflict with the City going directly to Seabright Survey. City Manager Wrede answered to the best of his knowledge there is not a legal issue. It is an attempt to save money for the property owners and the City. The design team selected was Seabright Survey; the resolution makes it clear to the federal and state auditors the Council approved the contract. Councilmember Stark said it seems like a rip-off for the contractor to get 15% just for having the survey team doing the work. Councilmember Novak noted the novel approach to saving money and commended City Manager Wrede.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

C.        Resolution 07-73, Of the City Council of Homer, Alaska Acknowledging the Need to Replace Fire Engine 4, Establishing that as a Capital Equipment Priority, and Authorizing the City Manager to Solicit Proposals for a New Fire Engine. City Manager/Fire Chief. Recommend adoption.                                                                                  

 

            Memorandum 07-104, from Fire Chief as backup.

 

STARK/WYTHE – MOVED FOR THE APPROVAL OF RESOLUTION 07-73.

 

Councilmember Stark commented on the lobbying trip to Juneau and bringing up the $150,000 needed for refurbishing Engine No. 4. He was chastised by the other Councilmembers as it was not one of the top three issues. He doesn’t like the idea of a lease purchase. The City just socked away $1M in one of its rat holes and now says it is so poor they must lease. Someone else is making money off a lease. He favors paying for the new fire engine out of next year’s budget.

 

WYTHE/STARK - MOVED TO AMEND THE 4TH WHEREAS STRIKING LOAN OR LEASE PAYMENTS WOULD NOT BEGIN UNTIL THE FISCAL YEAR 2008 BUDGET AND REPLACING WITH: PAYMENT FOR THE UNIT WOULD NOT BE REQUIRED UNTIL FISCAL YEAR 2008 BUDGET END.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

WYTHE/NOVAK - MOVED TO ADD AN ADDITIONAL BE IT FURTHER RESOLVED THAT EVERY EFFORT WILL BE MADE TO REQUIRE NON LOAN FUNDING FOR THIS PURCHASE.  

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Councilmember Shadle clarified the resolution was for soliciting a proposal.

 

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

 

Motion carried.

 

COMMENTS OF THE AUDIENCE

 

Barbara Howard, city resident, thanked the Council for their efforts of work during the Committee of the Whole. The hospital board looks forward to receiving the letter and accepting the resolution the next time they meet.

 

George Parks, Soldotna resident, has been coming to Homer since 1973. He and his friend have a boat in the harbor. There are only four of the usual six fish cleaning tables at Ramp 4. He has had to wait an hour to get to a table when there are six tables. There is a table on the other side, but not convenient. He spends a lot of time and money in Homer every year. The hoses were not at any of the tables. He asked whose responsibility it was to assure the tables were replaced.

 

City Manager Wrede responded we are replacing tables in that area and he will follow up on the complaint.  

 

 

 

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 referenced the comments from the Parks and Recreation commissioners. He noted much of the parks and recreation budget is for maintenance and much is spent in the campgrounds. The capital improvement budget for parks is small and may need to be beefed up. Prior to the tournament, Karen Hornaday Park will be fixed up. Soon volunteers will be watering the fields.  

 

COMMENTS OF THE MAYOR

 

Mayor Hornaday was impressed with the audit report; there may be no other town in Alaska that can say they took in $1M more than was budgeted. The Council and city employees did a great job with the budget.

 

COMMENTS OF THE CITY COUNCIL

 

Mayor Pro Tempore Novak said fishing is good in Homer and we obviously need more fish cleaning tables. Maybe there is space for both the old and new tables allowing for more time to be spent fishing than waiting for available tables. 

 

Councilmember Wythe noted $.5M in the parks and recreation budget is a large portion of the entire City budget. Provided the Governor approves the budget, we have additional money for trails. There is a lot of want and need and not enough money to go around. She is excited one of the fiscal goals was met and hopes Council is able to continue on until arriving at appropriate reserve levels.

 

Councilmember Stark too is glad there was a $1M surplus at the end of last year. If we had taken a tiny part of that and given some tax relief to our citizens there would have been less of a problem.

 

Councilmembers Shadle and Roberts had no comments.

 

ADJOURNMENT

 

There being no further business to come before the Council, Mayor Hornaday adjourned the meeting at 8:40 p.m. The next Regular Meeting is scheduled for Monday, July 23, 2007 at 7 p.m. and the next Committee of the Whole is scheduled for Monday, July 23, 2007 at 4 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: _____________________