Session 07-06, a Regular Meeting of the Homer City Council was called to order at 7:00 p.m. on March 12, 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:        HEIMBUCH, NOVAK, ROBERTS, SHADLE (telephonic), STARK, WYTHE

 

                        STAFF:                                   CITY MANAGER WREDE

                                                                        CITY CLERK JOHNSON

                                                                        SPECIAL PROJECTS COORDINATOR HOLEN

                                                                        CITY PLANNER MCKIBBEN                                                                                                          PUBLIC WORKS DIRECTOR MEYER

 

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

 

Council met as a Committee of the Whole from 4:00 p.m. to 5:26 p.m. in the Homer City Hall Cowles Council Chambers. Agenda items included: Land Allocation Plan, update on the New Water Treatment Plant, Dredge Spoils, feeding birds in the City, Lobbying Plan for Juneau in April and May, and Regular Meeting agenda.

Council conducted a Special Meeting from 5:34 to 6:28 p.m. as a Board of Adjustment for the Bradshaw appeal in the Homer City Hall Cowles Council Chambers.

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: Consent Agenda – Item A. Unapproved Meeting Minutes of February 26, 2007 Page 4, Item F. Substitute Resolution 07-38(S) to add contract amount ($195,361.00). Announcements/Presentations: Item E. Homer Volunteer Fire Department Award – Kids Don’t Float Program.

 

The amended agenda was approved by consensus of the Council.

 

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

 

Public may comment on any matter on the agenda except Public Hearing items:

Ordinance 07-09(A), a grant for construction of the new Water Treatment Plant; and Ordinance 07-10, a DOT reimbursement for Commercial Vehicle Enforcement Inspections.

 

Ole Anderson, Soldotna resident, owns property off West Hill adjacent to the ten acres adjoining Karen Hornaday Park. Re: Memorandum 07-47 he urged Council to refrain from the property trade until further questions are answered. His concerns are the value of the 10 acres, the need for an appraisal on the property, and the City not receiving fair trade value with no legal access. Once the property is transferred to a new owner, its value will skyrocket, while the value of trade items the City receives is re-vegetation, as determined by Mike Gordon.

 

Dan Lush, Global Warming Task Force (GWTF) member, thanked Council for the privilege of talking to them, and spoke in favor of ICLEI (Resolution 07-42). It is an opportunity for the City to get assessment tools and use them to assess various areas of carbon expended in the community. It is a small expenditure to join the organization to access tools that may help city government save hundreds of thousands of dollars in wasted energy costs. 

 

Marilyn Sigman, Executive Director of Alaskan Coastal Studies, spoke in favor of Resolution 07-41. She cited the 30,000 to 40,000 people that have visited tide pools in Homer over the last ten years. Tide pools are a big economic activity in Homer and invertebrates need protection. Last year over Memorial Day, people were filling garbage bags and pickups with seaweed, unaware it was illegal to remove from the beaches. The opportunity to attract people to the tide pools for educational purposes may be lost if education efforts are not stepped up.

 

Lee Mahan, area naturalist, has led many tide pool walks in Kachemak Bay. Her concern is signs will be put up after the beaches have been disturbed and destroyed; once beaches are stripped it will take years to recover. Resolution 07-41 will allow the City to take a lead and educate people about the regulations. Tide pools at Kachemak Bay are living laboratories. While local conservation groups have printed materials available, visitors don’t read printed materials or programs. She asked that visitors to Kachemak Bay be good guests.

 

Alan Parks, Chairman of GWTF, supports Resolution 07-42. It is an international group of cities joined together to address global warming and ways to mitigate its affects. ICLEI will provide software to help inventory greenhouse gas emissions, provide training, online resources, case studies, fact sheets, manuals and guides. ICLEI is a direct pipeline to other communities and will help the task force prepare recommendations for an action plan.

 

Councilmember Stark noted the GWTF has met for three months and their final report is due by the end of December. He favors Resolution 07-42 and pointed out Resolution 07-43 for vehicle purchases has already gone through the bid process and it is best to go ahead. In the future the City should look at getting the best vehicles suitable for global warming.

 

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 February 26, 2007 Regular Meeting.          City Clerk. Recommend approval.                                                             

 

B.         Ordinance 07-14, Of the City Council of Homer, Alaska Amending Homer City Code             21.60 Supplemental Regulations Sign Code to Include the Gateway Business District.           City Manager/Planning. Recommend Introduction and First Reading and conduct Public    Hearing and Second Reading on March 27, 2007.                                           

 

            Memorandum 07-44 thru City Manager as backup.                                         

 

C.        Ordinance 07-13, Of the City Council of Homer Alaska, Repealing Homer City Code             Chapter 12.12 in its Entirety and Adding a New Chapter 21.41 for Sensitive Areas Provisions. Planning. Recommend Introduction and First Reading and conduct Public      Hearing and Second Reading on March 27, 2007.                                           

 

            Memorandum 07-43 thru City Manager as backup.                                         

 

D.        Ordinance 07-12, Of the City Council of Homer, Alaska, Amending the Fiscal Year    2007 Operating Budget in the Amount of $53,919 to Provide for the Occupation of the     Old Library Building by the Planning Division on a Short Term Basis and Establishing a   Transition Plan. Council/City Manager. Recommend Introduction and First Reading and             conduct Public Hearing and Second Reading on March 27, 2007.

 

Placed under Ordinances.        

 

E.         Ordinance 07-11, Of the City Council of Homer, Alaska, Authorizing the Distribution of           an Additional $10,000 to the Pratt Museum and an Additional $10,000 to the Homer             Foundation as Listed in the Adopted 2007 Operating Budget Under Fund 100-350            Account Numbers 5801 and 5830. Recommend Introduction and First Reading and     conduct Public Hearing and Second Reading on March 27, 2007.                    

 

F.         Resolution 07-38, Of the City Council of Homer, Alaska Approving a Contract with the Kenai Peninsula Borough to Provide Fire and Emergency Medical Services to the Kachemak Emergency Services Area. City Manager. Recommend adoption.

 

Substitute Resolution 07-38(S).           

 

G.        Resolution 07-40, Of the City Council of Homer, Alaska Amending the City Fee         Schedule Regarding Water Rates. City Clerk. Recommend adoption.         

 

            Memorandum 07-41, thru Finance Director as backup.                        

 

H.        Resolution 07-41, Of the City Council of Homer, Alaska Supporting Alaska Statutes that        Prohibit the Collection of Marine Invertebrates from Alaska Beaches. Mayor.          Recommend adoption.

 

Placed under Resolutions.                                                                                

 

I.          Resolution 07-45, Of the City Council of Homer, Alaska Amending the Fee Schedule             Pertaining to Planning and Zoning Fees. Novak. Recommend adoption.        

 

            Memorandum 07-45, thru City Manager as backup.                                        

 

J.          Resolution 07-42, Of the City Council of Homer, Alaska, Expressing the Intent to Join            the Cities for Climate Protection Campaign Led by ICLEI – Local Governments for   Sustainability, and Pledging to Undertake a Program to Quantify Greenhouse Gas     Emissions, Set a Reasonable and Meaningful Emissions Reduction Target, Develop and             Implement an Action Plan to Meet the Target, and Monitor Progress. Novak/Roberts.   Recommend adoption.                                                                         

 

            Memorandum 07-42 as backup.

 

Placed under Resolutions.                                                                    

 

K.        Resolution 07-46, Of the City Council of Homer, Alaska Approving the Award of the             Final Design of the Water Treatment Plant Improvements to the Firm of HDR of     Anchorage, Alaska in the Amount of $254,356.00, and Authorizing the City Manager to            Execute the Appropriate Documents. City Manager/Public Works. Recommend adoption.

                                                                                                                                   

            Memorandum 07-46, thru City Manager as backup.                                        

 

L.         Resolution 07-43, Of the City Council of Homer, Alaska Awarding the Contract for the          2007 Light Vehicle Purchase to the Firm of Nye Frontier Ford Wasilla, Alaska in the          Amount of $144,982.00 for the Purchase of Two-One Ton (F-350) 4X4 Regular Cab      Pick-Ups, One Half Ton 4X4 Extended Cab Pick-up, One ¾ Ton 4X4 (F-250) Regular             Cab Pick-Up, and Two SSV Expeditions XLT 4X4 and Authorizing the City Manager to          Execute the Appropriate Documents. City Manager/Public Works. Recommend adoption.  

 

            Memorandum 07-39, thru City Manager as backup.                                        

 

M.               Memorandum 07-38, From Mayor, Re: Reappointment of David Anderson, Angie      Newby, Gaye Wolfe and Michael Yourkowski to the Public Arts Committee,        Reappointment of Otto Kilcher to the Port and Harbor Advisory Board and       Reappointment of John Velsko to the Prince William Sound Regional Citizens’ Advisory   Council. Recommend confirmation.

 

Councilmember Wythe requested Item D. Ordinance 07-12 be placed under Ordinances Item A., Item H. Resolution 07-41 be placed under Resolutions Item B. and Item J. Resolution 07-42 be placed under Resolutions Item C.

 

Mayor Hornaday called for a motion to adopt the recommendations of the consent agenda as read and amended.

 

WYTHE/NOVAK – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

VISITORS

 

None scheduled.

 

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

 

A.                 Kelly Jackman, Boys and Girls Club, 10 min.

 

Kelly Jackman, Director of Boys and Girls Club, spoke to the Council about activities, funding and enrollment. Mayor Hornaday suggested grants be explored for continued funding.

 

            B.         Mayor’s Proclamation – World Water Day – March 22, 2007 

 

            C.        Memorandum 07-40 from Port and Harbor Advisory Commission, Re; Election of                    Officers                                                                                               

           

D.                 Prince William Sound Regional Citizens’ Advisory Council – Motions and                   Actions Summary January 25-26, 2007

 

Alan Parks, Chairman of GWTF, spoke in support of Resolution 07-42.

                                               

PUBLIC HEARING(S)

 

A.        Ordinance 07-09(A), Of the City Council of Homer, Alaska, Accepting and    Appropriating an Alaska Department of Environmental Conservation FY 2007 Grant No.            40907, in the    Amount of $1,045,000 for the Construction of the New Homer Water             Treatment Plant, and Authorizing the City Manager to Execute the Appropriate      Documents. Public Works/City Manager. Fiscal Note: Funds received go to 215-865; matching portion of the grant ($1,045,000) funded by HAWSP 153-375, financed through ADWF low interest      loan.  First Reading February 26, 2007, Conduct Public      Hearing and Second Reading on March 12, 2007.       

 

There was no public testimony.

 

Mayor Hornaday called for a motion to adopt Ordinance 07-09(A) for second and final reading by reading of title only.

 

WYTHE/NOVAK – SO MOVED.

 

ROBERTS/WYTHE – MOVED TO AMEND THE AMOUNT TO $1,036,603.

 

This was amended pursuant to the Alaska Department of Environmental Conservation grant offer.

 

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

 

Motion carried.

 

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

 

Motion carried.

 

B.                 Ordinance 07-10, Of the City Council of Homer, Alaska, Accepting and Appropriating an Alaska Department of Transportation (ADOT) Reimbursement of up to $6,605.00 for Commercial Vehicle Enforcement Inspections and Authorizing the City Manager to Execute the Appropriate Documents. City Manager/HPD. Fiscal Note: Fiscal information included in body of Ordinance. First Reading February 26, 2007, Conduct Public Hearing and Second Reading on March 12, 2007.

 

There was no public testimony.

 

NOVAK/WYTHE MOVED FOR THE ADOPTION OF ORDINANCE 07-10 FOR SECOND AND FINAL READING BY READING OF TITLE ONLY.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

ORDINANCE(S)

 

A.        Ordinance 07-12, Of the City Council of Homer, Alaska, Amending the Fiscal Year    2007 Operating Budget in the Amount of $53,919 to Provide for the Occupation of the     Old Library Building by the Planning Division on a Short Term Basis and Establishing a   Transition Plan. Council/City Manager. Recommend Introduction and First Reading and             conduct Public Hearing and Second Reading on March 27, 2007.

 

WYTHE/STARK – MOVED FOR THE ADOPTION OF ORDINANCE 07-12 BY READING OF TITLE ONLY.

 

WYTHE/HEIMBUCH – MOVED TO POSTPONE TO APRIL 9TH.

 

A facilities walkthrough by Council to assess City buildings currently used for office space and storage was requested.

 

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

 

Motion carried.

 

Council commented on the sale of the old library building with a future outlook of getting back on track with Town Center.

 

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

 

Motion carried.

 

CITY MANAGER’S REPORT

 

A.                 City Manager’s Report 

 

  1. Port and Harbor Lease Notes: I am doing some research and consulting with the City Attorney regarding the recommendations that were provided at the last meeting on the Lease Policies and the proposed resolution to create a restricted use area along the Fish Dock Road. The appraisals for the lots out for RFP came out this week and the information has been shared with those on the plan holders list. Proposals are due on March 16. I will be working with the EDC to answer any questions they may have about proposed changes to the Lease Policies.
  2. KESA Contract Negotiations: Approval of a new one year contract is one of the items on your agenda for this meeting. The City and KESA have agreed on all of the language in the proposed contract but we are still not in agreement over how the contract price should be calculated and how much it should be. That issue was  not resolved at the time this was written. The KESA Board is scheduled to meet on the 8th and we hope to have settled on a number before the Council meeting.
  3. Hillside 10 Acres: Negotiations are on-going between the City and Mike Gordon regarding a potential trade that involves the 10 acres on the Hillside that the Council asked me to dispose of. There is a memo scheduled for discussion on this agenda. The purpose of the memo is to provide you with an update and information on the general direction the discussions are going in. If the Council approves of that direction, we will keep working toward a final deal and bring it back to you by ordinance for final approval.
  4. Old Wooden Dock Demolition: As you may recall, the City Administration has recommended that the old wooden dock by the ferry terminal be torn down. It would be very expensive to fix the dock up and it presents safety and security concerns at present. The reason we have not pursued this issue too aggressively in the last couple of years is because Petro Marine still has a working fuel line on the dock. We have asked Petro Marine to relocate the fuel line but wanted to give them a reasonable amount of time to do so. Petro Marine is working on this and presently has its engineers reviewing the options for relocating the line. Petro Marine representatives met with City staff several times in the last two weeks to discuss the details. The Council should anticipate that we will be submiting a capital project budget to you sometime this year for demolition of the dock.  
  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.    I WOULD APPRECIATE DISCUSSION ON THIS ONE.  
  6. Four Way Stop: Two weeks ago I met with DOT/PF officials in Anchorage to talk about the City’s transportation projects. One of them was the intersection improvements project. The staff told me that they will probably have to proceed with this project in phases because of funding concerns. They said they would target the intersections that need the most attention first. They also reminded me that they plan to place a four way stop at the intersection of Main St. and Pioneer this summer.  I believe I mentioned this to the Council before but I wanted to do so again in this report just to help get the word out to the public. 
  7. Emergency Operations Plan. The staff and consultants conducted a table top exercise last week as a training session and to look for ways that the plan could be improved before it is submitted to the Council for final adoption. A number of proposed amendments, additions, and clarifications came up and they are being incorporated now. Council was originally scheduled to adopt the EOP at this meeting but we pushed it back to April 27th to give the Consultants more time to amend the plan and the staff more time to review the amendments. This also gives the public a little more time for review.
  8. Library: We have been experiencing some problems with vandalism, breaking and entering, and inappropriate behavior by a relatively small group of young people at the library. The Library Director has developed a strategy to address these problems and the City has received a great deal of help from the friends of the Library, the School District, Social Workers, and the Police Department. The LAB met on March 6th and discussed this among other things. Both the LAB and the Homer Police Department recommend that surveillance cameras and an alarm system be installed. I would like to hear Council input on this before I draft a project description, budget, and appropriation ordinance.  
  9. New Water Treatment Plant. At this meeting you will be a briefing on progress on the new water treatment plant including funding and updated budget. You will also be asked to pass a resolution authorizing us to allow the engineers to proceed with the next phase of the design. We met this week with the owner of the property upon which the new treatment plant is proposed to be located and she indicated a willingness to sell and to allow our consultants on the property to conduct soils testing.
  10. Additional Funding for the Pratt and the Homer Foundation: You may recall that when the FY 2007 budget was adopted, the Council passed a motion to provide an additional $10,000 to each when we saw how revenues were coming in. The motion stated that this would be considered in April and that the Council specifically had to authorize the additional funding. I have been contacted by the Homer Foundation and they say the number of applicants for grants and the overall need expressed by non-profits this year is much greater than last. They asked if the City could provide the additional funding early and further, if the entire $10,000 could be used for grants rather than splitting the money between grants and the endowment fund, like we usually do.
  11. Coast Guard Construction: The City leases Lot 20 to the Coast Guard. Lot 20 is the lot immediately adjacent to the Pioneer Dock where the buoys and other equipment are stored. This lot was leased with the understanding that the Coast Guard was going to build and office building with some storage capacity at that location. The City reviewed a site plan and agreed to provide some dredge spoils to increase the lot elevation and improve drainage. It now appears, after several years of trying to obtain the funding, that the Coast Guard will only have enough money for a storage facility. An engineer was here to visit last week to discuss the plans in more detail. While we are pleased that the Coast Guard is going to make an investment here and get some of the stored equipment inside, we are disappointed overall. We hope to continue the dialog about potential ways to proceed with the original plan. 

 

 

The Alaska Marine Highway System (AMHS) wants to build a 60’ x 38’ metal warehouse next to the ferry terminal. The City is encouraging them to use Lot 48 where the old Coast Guard warehouse was. Although they can lease it for less than fair market value, it makes more sense to them to have a warehouse close to where the ferries are.

 

Council voiced concerns about the condominiums that now block the view at the end of the Spit. The City is trying to develop a plan on the Spit to include character or a theme. Another big warehouse on the Spit would not fit in.

 

Council commented AMHS could be encouraged to make the building as attractive as possible. Applying added stringencies on them will create nothing.

 

A security system for the new library is needed due to vandalism and other inappropriate behaviors in the building.

 

            B.         Games Report                                                                                     

           

            C.        Question of the Week                                                                          

           

COMMITTEE REPORT

           

            A.        Comprehensive Plan Community Advisory Committee

                        (Next meeting scheduled for March 22, 2007 from 6 p.m. to 8 p.m.)

                       

            B.         Global Warming Task Force

                        (Next regular meeting scheduled for March 28, 2007 at 2:30 p.m.)

 

            C.        Public Arts Committee

                        (Next regular meeting scheduled for March 15, 2007 at 11 a.m.)

 

            D.        Transportation Advisory Committee

                        (Next regular meeting scheduled for March 20, 2007.)

 

PENDING BUSINESS

 

A.        Memorandum 07-47, From City Manager Wrede, Re: Proposed Trade Involving 10 Acre Parcel on Hillside Parcel 175-040-0300 adjoining Karen Hornaday Park. Recommend approval.

 

Recommendation: The Council give preliminary and conceptual approval to this proposed trade and authorize the administration to work out the details and come back with an ordinance for final consideration. 

 

City Manager Wrede reported the 10-acre parcel has no legal access, and a low appraisal. He has been talking with adjacent property owners and Mike Gordon to lay out the basic framework of a property trade.

 

Council commented access to the property is needed to sell the parcel at its highest value.

 

City Manager Wrede commented that attempts to acquire legal access in the right-of-way (ROW) have been unsuccessful. He has talked about a trade with Mr. Gordon, easement for easement that would allow broader benefits and cash. An appraisal that takes into account the lack of legal access or dedicated ROW will be done.

 

Council questioned fairness to the City in only negotiating with one owner, as there are others in the area and a three-way trade could be looked at. The Gordon’s need access to their property and there are others in the same situation. Creek and trail access should be protected and a provision that the 10 acres could not be subdivided into smaller parcels. The agreements should include specifics on reseeding the old ROW. With over two-thirds of the property on steep slope there is no way to control growth. A modified appraised value should be available for open bidding instead of negotiating with one individual. 

 

City Manager Wrede noted the limited number of bidders, many details that need to be worked out, and the land being some of the most valuable in the City. When Council decided to dispose of the land he saw the opportunity for the City to get something back. The access easement through Karen Hornaday Park would be relinquished, Woodard Creek Canyon would be a conservation easement allowing maintenance access for flood control and it would be the opportunity for a vital trail to the park. 

 

Council commented on the rising property values at Caribou Lake, high values of land in Homer and increase of property taxes with property in private hands. They questioned if Mike Gordon will be the only one allowed negotiations or will there be other neighbors that might get involved.

 

City Manager Wrede talked to two of the adjoining neighbors who have legal access. Other property owners can come forward with a proposal. Council noted the ordinance on disposition of property says by open bid and cannot be sold at less than appraised value. City Manager Wrede noted City Code says Council can exchange property in exchange for cash and other considerations.

 

NOVAK/WYTHE - MOVED TO POSTPONE MEMORANDUM 07-47 TO MAKE ADJUSTMENTS BASED ON CONVERSATION TONIGHT.

 

Answers to the questions asked tonight could resolve the issue.

 

VOTE: NO. WYTHE, SHADLE, STARK, HEIMBUCH

VOTE: YES. ROBERTS, NOVAK

 

Motion failed.

 

Fairness, involving the neighbors, creating trails and protecting the steep slope are concerns.

 

Mayor Hornaday called for a recess at 8:21 p.m. and resumed the meeting at 8:27 p.m.

 

Mike Gordon was invited to speak. There are three adjoining property owners, the property could be sold to him for appraised value and a conservation easement for a trail, or the City could just get fair market value if someone else buys it. An appraisal on the property will allow the property to be valued at today’s market and subtract the cost of putting in access. He would be willing to pay the appraised value. His concern is making open ended agreements on rehabilitating roads at the second switchback. City Manager Wrede is a tough guy to deal with; the City is very well represented as he is trying to fashion a win/win situation. When Mr. Gordon bought the 40 acres, part of the purchase price included the previous owner building the road. He didn’t realize it would tear up the whole hillside and cost $100,000 to $150,000 to rehabilitate it. For the longest time Mr. Gordon has been trying to resolve amends and have everyone walk away happy. There are three adjoining property owners and he urged the City to see what the others have to offer. His 40 acres is 95% canyon. He knows the City wants to get rid of the easement.

 

WYTHE/HEIMBUCH – MOVED TO ACCEPT THE RECOMMENDATIONS OF MEMORANDUM 07-47.

 

There was no additional discussion.

 

VOTE:  NO. HEIMBUCH, ROBERTS, WYTHE, NOVAK

 

VOTE: YES. STARK, SHADLE

 

Motion failed.

 

NOVAK/HEIMBUCH – MOVED THAT THE CITY MANAGER TAKE INTO ACCOUNT DISCUSSIONS TONIGHT AND GO BACK TO THE DRAWING BOARD AND PUT TOGETHER PROPOSALS HE FEELS ARE CORRECT.

 

There was no discussion.

 

WYTHE/ROBERTS – MOVED TO AMEND TO MORE BE ALONG THE LINES OF THE PROPERTY WILL NOT BE PUT UP FOR SALE UNTIL ROAD ACCESS IS AVAILABLE.

 

Alternative ideas for road access should be explored.

VOTE: (amendment) NO. STARK, NOVAK, HEIMBUCH, ROBERTS, SHADLE

 

VOTE: YES. WYTHE

 

Motion failed.

 

The current proposal reflects appraisal without access.

 

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

 

Motion carried.

 

NEW BUSINESS

 

None scheduled.

 

RESOLUTIONS

 

A.                 Resolution 07-44, Of the City Council of Homer, Alaska, Opposing Increase of Kenai Peninsula Borough Sales Tax Rate. Mayor/Stark. Recommend adoption.

                       

STARK/WYTHE - MOVED FOR THE ADOPTION OF RESOLUTION 07-44 BY READING OF TITLE.

 

Council discussed the whereas clause pertaining to food sales. Councilmember Stark noted the referendum earlier on an increase of sales tax; the ACT people in Nikiski are ready to go to court. There was an initiative in the Borough to exempt food sales several years ago that failed. An increase of sales tax would be damaging to the city of Homer.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Resolution 07-41, Of the City Council of Homer, Alaska Supporting Alaska Statutes that        Prohibit the Collection of Marine Invertebrates from Alaska Beaches. Mayor.          Recommend adoption.

 

WYTHE/NOVAK – MOVED FOR THE ADOPTION OF RESOLUTION 07-41.

 

WYTHE/ROBERTS – MOVED TO AMEND THE THEREFORE BE IT RESOLVED THAT THE CITY OF HOMER WILL INITIATE THE PROVISION OF EDUCATIONAL MATERIALS TO SCHOOL GROUPS THAT UTILIZE OUR BEACHES AND MAKE THEM AVAILABLE TO VISITORS TO THE COMMUNITY ALSO.

 

With a law already in place, additional education in a proactive manner addressing the state laws is needed.

 

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

 

Motion carried.

 

STARK/SHADLE - MOVED TO CHANGE THE TITLE: ALASKA STATUTES TO ALASKA ADMINISTRATIVE CODE AND IN THE NOW THEREFORE BE IT RESOLVED CHANGE THE WORD STATUTE TO ADMINISTRATIVE CODE.

 

For clarity the Alaska Administrative Code prohibits collection of marine invertebrates from beaches.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Since the City’s beaches have been moved to the Parks and Recreation Advisory Commission signage could be included in the beach area.

 

NOVAK/WYTHE- MOVED TO INCLUDE SIGNAGE IN THE BEACH AREA.

 

There was no additional discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

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

 

Motion carried.

 

C.        Resolution 07-42, Of the City Council of Homer, Alaska, Expressing the Intent to Join            the Cities for Climate Protection Campaign Led by ICLEI – Local Governments for   Sustainability, and Pledging to Undertake a Program to Quantify Greenhouse Gas     Emissions, Set a Reasonable and Meaningful Emissions Reduction Target, Develop and             Implement an Action Plan to Meet the Target, and Monitor Progress. Novak/Roberts.   Recommend adoption.                                                                         

 

            Memorandum 07-42 as backup.

 

WYTHE/HEIMBUCH - MOVED FOR THE ADOPTION OF RESOLUTION 07-42.

 

Council noted the lack of account number for the $600 expenditure under fiscal note. City Manager Wrede indicated $250 would be expended from the City Manager’s budget, 100-110-5235 and $350 from 100-110-5210.

 

WYTHE/NOVAK - MOVED TO AMEND RESOLUTION 07-42 TO ADD FISCAL NOTE THAT FINANCING WILL COME FROM ACCOUNTS 100-110-5235 MEMBERSHIP AND DUES IN THE AMOUNT OF $250 AND 100-110-5210 PROFESSIONAL SERVICES IN THE AMOUNT OF $350.

 

There was no discussion.

 

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

 

Motion carried.

 

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

 

Motion carried.

 

COMMENTS OF THE AUDIENCE

 

Alan Parks thanked the Mayor and City Council for their support on joining ICLEI.

 

16.       COMMENTS OF THE CITY ATTORNEY

 

City Attorney Tans was no longer in attendance.

 

17.       COMMENTS OF THE CITY CLERK

 

City Clerk Johnson reminded all absentee voting opens on March 19th.

 

18.       COMMENTS OF THE CITY MANAGER

 

City Manager Wrede had no comments.

 

19.       COMMENTS OF THE MAYOR

 

Mayor Hornaday commented there is lots of snow in Juneau. He thanked Mayor Pro Tempore Dennis Novak for filling in for him and recognized former Mayor Jack Cushing in the audience.

 

20.       COMMENTS OF THE CITY COUNCIL

Councilmember Novak thanked Alan Parks for staying for the whole meeting.

 

Councilmember Shadle, commenting from Washington, D.C., said he had heard greenhouse discussions and will return with materials. It is real crowded and he can’t wait to get home.

 

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

 

ADJOURNMENT

 

There being no further business to come before the Council the meeting was adjourned at 8:52 p.m. by Mayor James C. Hornaday. The next Regular Meeting is scheduled for Tuesday, March 27, 2007 at 7:00 p.m. and the next Committee of the Whole is scheduled for Tuesday, March 27, 2007 at 4:00 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: _____________________