Session 07-11 a Regular Meeting of the Homer City Council was called to order on May 14, 2007 at 7:02 p.m. by Mayor James C. Hornaday at the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

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

STAFF: CITY MANAGER WREDE

CITY CLERK JOHNSON

CITY PLANNER MCKIBBEN

PUBLIC WORKS DIRECTOR MEYER

POLICE CHIEF ROBL

Councilmember Heimbuch has requested telephonic participation.

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

Council met as a Committee of the Whole from 4:04 to 5:09 p.m. Agenda items: City Radios and Upgrades, Use of Revenue Sharing Grant, Discussion on Encouraging the Kenai Peninsula Borough to Adopt a Cap on the Senior Property Tax Exemption and Regular Meeting Agenda items.

Little Miss Poppy presented Council and the City Manager with poppies in remembrance of Memorial Day.

AGENDA APPROVAL

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

Agenda amended as follows: Consent Agenda – Item H. Resolution 07-64(A) and Memorandum 07-88(A) amended to reflect the firm awarded to and the amount. Pending Business - Ordinance 07-13(S)(A) Backup information from Taunnie L. Boothby and New Business - Item D. Memorandum 07-92 through City Manager Re: ICLEI – Local Governments for Sustainability – Conference July 10-13 in Fayetteville, Arkansas.

The agenda as amended was approved by consensus of the Council.

Resolutions 07-60 and 07-65 were pulled from the Consent Agenda. Resolution 07-62 was placed under Resolutions. Added to New Business was Item E. Emergency Ordinance 07-20 Appropriating $53,000.00 for a Microwave Repeater, Sole Source Procurement Contract with ProComm Alaska.

Mayor Hornaday called for a motion to approve the consent agenda as amended.

WYTHE/NOVAK – SO MOVED.

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: Ocean Drive Loop Sewer, Ordinance 07-17, Sale of the Old Library Building and Property, Ordinance 07-18, Sales Tax Dedication Propositions for October 2, 2007 Ballot for Funding of Recreation Activity in the Homer Area and Operating Reserves of the City and Substitute: Ordinance 07-18(S), Sales Tax Proposition on the October 2, 2007 Ballot for Dedicated Funding Capital Improvements of Non-Profit Organization Recreation Facilities.

Bob Howard, city resident and Chair of the Economic Development Advisory Commission (EDC) spoke on Memorandum 07-89. It criticizes the EDC’s revisions in a strong negative manner. Recommendations provided in Memorandum 07-78 by the EDC were done in a thoughtful effort to create a more flexible Lease Policy. Adding two EDC commissioners, issues relevant to conflict of interest and confidentiality can be effectively addressed and not serve as impediments.

Fred Lau, city resident and Administrator of Homer Senior Citizens, represents the Homer Transportation Task Force re: Resolution 07-62. The task force has been in operation since 1999 and has finished writing the Homer Area Transportation Plan. He asked for Council’s support on the plan, which has become a requirement to apply for and receive funds from the Department of Transportation. The Independent Living Center and Ninilchik Senior Citizens are applying for transportation funding and need the plan’s endorsement.

Councilmember Stark stated the need for the Transportation Advisory Committee to be included in the plan.

Kevin Hogan, city resident, noted the EDC’s work and thoughtful analysis pertaining to Resolution 07-25. He noted the good changes in the Lease Policy in Chapters 9.2 and 12.2; other proposals do nothing to improve the Lease Policy. The lease policy and process is totally broken and not working. He has been trying to lease for business since 2001 and is not getting anywhere. City Council needs to find a property management firm to take over functions, especially lease negotiations. He asked serious consideration be given to the recommendations of the EDC. There is a lot of power vested in Administration that is taking away from the authority of the Council.

Lance Petersen, city resident, referenced Resolution 07-60 and the history of the Ocean Drive Loop Sewer LID. It is long and convoluted and took many years. When the LID was formed, Public Works and the City expected re-platting to erase lot lines; property owners were up front. Public Works operated in good faith and placed only one sewer service for each of the re-platted parcel, bringing completion of the overall project under estimated costs by about $800.

Don McNamara, city resident on Ocean Drive Loop, commented the LID process needs to be looked at, including a possible moratorium on erasing lot lines when an LID is formed. He has been in two LIDS, the first one came in 30% over budget, this one 17% over budget. He would like to keep the Ocean Drive Loop Sewer assessment increase to 15%.

Barb Petersen, city resident and Ocean Drive Loop/Petersen Addition LID, referenced Public Works Director Meyer’s comments that the assessment was based on presumptive costs, if the Petersen Addition was to be added to the original Ocean Drive Loop LID. Originally they were part of the LID, yet after testimony the City Council excluded their district. When they saw Herndon and Herndon and the work they were doing, it fit into their hopes of what the LID would be. Herndon took the care, management and consideration. She asked Council to think about the Petersen LID being assessed as part of the actual costs of both LID’s combined. They are willing to take their share although would like it on solid numbers rather than presumptive.

RECONSIDERATION

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 April 23, 2007 Regular Meeting. City Clerk. Recommend approval.

B. Ordinance 07-19, Of the City Council of Homer, Alaska Amending Homer City Code Section 18.07.060 Program Administration; Public Arts Committee to Appoint Public Arts Committee Members for Two Year Terms, Staggering Terms. City Manager. Recommend Introduction and First Reading and conduct Public Hearing and Second Reading on May 29, 2007.)

Memorandum 07-91 through City Manager as backup.

C. Resolution 07-59, Of the City Council of Homer, Alaska Awarding the Contract for the Paint Brush Booster Station to Twin Peaks Construction, Inc. of Anchor Point, Alaska in the Amount of $77,965.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Manager/Public Works. Recommend adoption.

Memorandum 07-75 through City Manager as backup.

4. Resolution 07-60, Of the Homer City Council Confirming the Assessment Roll, Establishing Dates for Payment of Special Assessments and Establishing Delinquency, Penalty and Interest Provision for the Ocean Drive Loop Petersen Addition Sewer Assessment District. City Clerk. Recommend adoption.

Pulled

E. Resolution 07-61, Of the City Council of Homer, Alaska Extending the City of Homer Prisoner Meal Service Contract for One Year with the Firm of Homer Senior Citizens, Inc. of Homer, Alaska and Authorizing the City Manager to Execute the Appropriate Documents. City Manager/ Police Department. Recommend adoption.

Memorandum 07-80 through City Manager as backup.

F. Resolution 07-62, Of the City Council of Homer, Alaska In Support of the Homer Area Coordinated Transportation Plan Developed by the Homer Coordinated Transportation Task Force. City Manager. Recommend adoption.

Memorandum 07-86 through City Manager as backup.

Moved to Resolutions.

G. Resolution 07-63 Of the City Council of Homer, Alaska Awarding the Contract for the Outfitting of Equipment to the Two New Ford Expedition Police Vehicles to Alaska Safety, Inc. of Anchorage, Alaska in the Amount of $15,268.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Manager/Police Department. Recommend adoption.

Memorandum 07-81 through City Manager as backup.

H. Resolution 07-64(A), Of the City Council of Homer, Alaska Awarding the Contract for the Purchase and Installation of Video/Security Equipment at the Homer Public Library to the Firm of Puffin Electric of Homer, Alaska in the Amount of $44,385.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Manager/Library. Recommend adoption.

Memorandum 07-88(A) through City Manager as backup.

I. Resolution 07-65, Of the City Council of Homer, Alaska Awarding a Lease for City Property on the Homer Spit, Lot 12C Port Industrial Subdivision No. 4 to Harbor Leasing LLC, of Homer, Alaska in the Amount of $____________ and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk. Recommend adoption.

Memorandum 07-90 from Port and Harbor Commission as backup.

Pulled

J. Memorandum 07-77, From Mayor, Re: Parks and Recreation Advisory Commission Appointment of Teena Garay; Public Arts Committee Appointments of Hope Finkelstein and Karin Marks; Permanent Fund Committee Appointment of Jo Johnson and City Hall – Town Center Plaza Review Committee Appointments of Bumppo Bremicker, Lane Chesley, Derotha Ferraro, Rick Foster, Renee Krause, Annie McGreenery, Angie Newby and Barbara Seaman. Recommend confirmation.

K. Memorandum 07-85, From Lease Committee, Re: Lease Proposal / Lot 12 / Hughes Pellets Alaska. Recommend approval.

L. Memorandum 07-87, From Personnel through City Manager, Re: Community Schools Agreement. Recommend approval.

Mayor Hornaday read the consent agenda and there were no additional changes to prior approval.

VISITORS

A. American Legion Auxiliary, Christie Hill and Little Miss Poppy.

At the beginning of the meeting Little Miss Poppy presented Council and the City Manager with poppies in remembrance of Memorial Day.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. Mayor’s Proclamation – Bike to Work Week May 14-18, 2007.

B. Memorandum 07-73, From Councilmember Stark, Re: Trip Report: Juneau 24-27 April, 2007.

C. Memorandum 07-83, From Councilmember Wythe, Re: Juneau Lobbying Trip – April 27 & 28, 2007.

D. Memorandum 07-84, From Councilmember Roberts, Re: Juneau Lobbying Trip – April 27 & 28, 2007.

PUBLIC HEARING(S)

A. Ocean Drive Loop Sewer Final Assessment Roll.

Don McNamara commented ditto on what he had just said.

B. Ordinance 07-17, Of the Homer City Council Approving the Sale of the Old Library Building and Property Located on Pioneer Avenue with the Proceeds Being Used to Pay Down the Loan for the New Library Building Fund. Wythe. First Reading April 23, 2007, conduct Public Hearing and Second Reading on May 14, 2007.

There was no public comment.

Mayor Hornaday called for a motion for the adoption of Ordinance 07-17 by reading of title only for second and final reading.

WYTHE/NOVAK – SO MOVED.

Re-platting on the property is to occur. The City Manager will talk to the surveyor.

WYTHE/NOVAK – MOVED TO AMEND TO INSERT SECTION 2: THE CITY MANAGER IS ALSO DIRECTED TO PROCEED WITH SUBDIVISION OF THE LOT PER INFORMATION PREVIOUSLY PROVIDED ON THE PROPERTIES.

There was no discussion.

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

Motion carried.

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

Motion carried.

C. Ordinance 07-18, An Ordinance of the Homer City Council Placing on the October 2, 2007 General Municipal Election Ballot Sales Tax Dedication Propositions for the Funding of Recreation Activity in the Homer Area and Operating Reserves of the City. Heimbuch. (First Reading and Introduction April 23, 2007, Public Hearing May 14, 2007, Second Reading July 23, 2007.)

Substitute: Ordinance 07-18(S), An Ordinance of the Homer City Council Placing on the October 2, 2007 General Municipal Election Ballot a Sales Tax Proposition for Dedicated Funding Capital Improvements of Non-Profit Organization Recreation Facilities in the Homer Area and for Funding City Operating and Depreciation Reserve Accounts, and Further Amending the City Code to Implement Such Changes. Heimbuch. (Follows same schedule as listed above with Ordinance 07-18.)

Dave Swarthout, city resident and tennis promoter, supports continued involvement and support of funding options for recreational opportunities in town. He has helped in upgrading the tennis courts at Homer High School including repainting court lines, back boards and net repair. If the City makes a commitment to parks and recreation, there are grant monies and matching funds available. A survey from the U.S. Tennis Association states tennis sport is continuing to grow with Alaska experiencing the growth in high schools. Possibly the first State high school tennis championship will be approved this year. The health benefits of recreation are foremost.

Councilmember Stark supports recreational activities although noted there would be no funds under the terms of the ordinance. Increasing the sales tax rate to 8 ½% will decrease the purchases of goods, decreasing the overall sales tax income. It will have a terrible impact on citizens of Homer as business would be impacted with decreased sales, forcing some out of business and a reduction of employment. He is confident it will be turned down at the ballot, with results to the community devastating.

Councilmember Heimbuch thanked Councilmember Stark for his support.

Councilmember Shadle supports parks and recreation although believes the ballot language needs some work. People need to know the total sales tax will be 8 ½%.

Mayor Hornaday commented the City Attorney has serious questions and concerns about the policy.

ORDINANCE(S)

None.

CITY MANAGER’S REPORT

A. City Manager’s Report

1. Port and Harbor Lease Notes: Negotiations are proceeding with Harbor Leasing LLC. Harbor Leasing LLC presented us with 29 requested amendments to the lease. Some of these proposed amendments are substantive and may not be consistent with the adopted lease policies. Others are items that represent fairly major concessions. So, we need to consider them carefully. We have been reviewing the amendments and will provide a response this week. At the time this was written, it was not clear whether we would be ready to bring a proposed lease to the Council at the May 14 meeting (it is on the agenda). The Lease Committee received a proposal from Hughes Pellets Alaska to lease Lot 12 near the Deep Water Dock. The Lease Committee will discuss this proposal on May 8 and plans to have a recommendation prepared for the Council for consideration at the May 14 meeting.
2. Dredge Spoils: Several meetings ago, Steve Dean briefed the Council on the situation regarding the City’s need to move approximately 20,000 cubic yards of dredged materials within the next month or so. Since that time, the pressure has been reduced somewhat. We have agreed to sell all of the anticipated new spoils that will be dredged this spring or fall to English Bay Corporation at a negotiated price. English Bay pays trucking costs. (This material was included in the recent offering in which we received no bids). This sale reduces the immediate need to move the 20,000 yards that are stockpiled by the Pier One Theatre. Some of that material will be used to construct the expanded parking lot at the base of the Spit.
3. Coast Guard Dolphin: In the last Manager’s Report, I provided you with a copy of a proposal to add a mooring dolphin near the Pioneer Dock to assist the Hickory. This proposal has been controversial in the past. Steve Dean has arranged for a public meeting to discuss this project that will be held on May 23. This meeting is sponsored by the Port and Harbor Commission and will be attended by representatives of the Coast Guard and the Corps of Engineers. Steve specifically invited the Captains of the AMHS ships and the SW Pilots as requested by the Council. All interested parties are encouraged to attend this very important meeting.
4. University Land / Baycrest Ski Trails: The Kachemak Heritage Land Trust is having a great deal of success raising the additional money it needs to purchase the University land the Council agreed to accept title to. During the past several weeks, we have commissioned a title report and we are currently reviewing a proposed warranty deed that will pass title from the University to the City. We anticipate that the sale may be finalized within the next few months. We will keep you abreast of how this is going.
5. Alaska Marine Highway / Proposed Warehouse: The discussions here are on-going. I recently wrote a letter to AHHS proposing some new options but re-emphasizing that the City really values having the ferry system here and we do not want to make things difficult for them to operate. As of the date this report was written, we have not yet received a response. We plan to follow-up with a phone call. We recently received correspondence from a staff person within AMHS indicating that AMHS has reverted back to its original proposed location for the warehouse which is between the ferry terminal and the Coast Guard approach. This location presents new problems because it would mean that a sewer line and the fish waste outfall line would have to be relocated. Stay tuned!!
6. University Acquisition of City Hall: I had a conversation with a staff member in the University Land office this week. I was contacted as a follow-up to the Regents visit to Homer in April. The university remains very much interested in acquiring City Hall. A current version of the State capital budget contains $1 Million in funding. This may not be enough. So, two staff members, including the director are coming to Homer to visit the week of May 14^th. The purpose of their meeting with me is to see what the options are to secure City Hall for the university. We talked about a number of options. This is an issue that the Council should discuss as a body soon.
7. East Harbor Feasibility Study: An important meeting will take place on May 16 for all of the permitting agencies that will be involved in the feasibility study. We look forward to that meeting.
8. Oil Spill Drill: The City recently participated in a oil Spill Drill with BP Alaska. The simulated spill took place in Prince William Sounds and the oil had the potential reach Cook Inlet. The City Pulled together the Incident Command Team to discuss how we would respond if this were real. It was a good opportunity to review the newly adopted Emergency Operations Plan.
9. Homer-Kachemak City Inter-Governmental Agreement: This issue has not fallen off the radar screen although progress has been slow; mostly because everyone is so busy with other more pressing issues. But, we have basic agreement on almost all of the main issues and we hope to have an agreement before you and the Kachemak City Council before the construction season. The one issue we are having trouble with is how the City of Homer would get reimbursed for maintaining a road within Kachemak City. Public Works estimates that it would likely only cost about $5,000 to $6,000 per year for basic maintenance on Golden Plover; probably less if the road was paved. The question of who pays is still being discussed.
10. Community Schools: A new agreement between the City and the Borough School District is on the agenda for Council review.
11. Water Treatment Plant: We are preparing to offer a preliminary Purchase Agreement to the owner of the land upon which the new water treatment plant will be located. This offer will be preliminary and one of the contingencies will be Council approval of the acquisition and proposed financing. We have received verbal agreement to enter the property to conduct soils tests. Negotiations over this land are proceeding slower than we would like but we are making progress. One new development is that we are actively talking to the property owner about a trade for land of equal value.
12. PERS and Revenue Sharing: Real progress is being made on these two issues in Juneau. We are cautiously optimistic that the City might see a cap of increases in PERS Rates, that we will get some relief again this year for PERS increases, and that a Revenue Sharing Program with an identified source of funding will be adopted.

13. Pedestrian Safety Campaign; get copies of strategy, op-ed, newsrelease

Discussion on mooring dolphin with a meeting scheduled for May 22^nd with Coast Guard, Corps of Engineers, Alaska Marine Highway Captains and Marine Captains. Alaska Marine Highway proposed warehouse discussions are ongoing. The UAA Regents will be touring City Hall next week. There will be a meeting on May 16^th pertaining to the feasibility study of the East Boat Harbor Expansion.

Mayor Hornaday represented the City in Valdez for the oil spill drill. He pushed for more escort tugs in Cook Inlet, citing them as the main prevention. It was a hypothetical oil spill bigger than the Exxon Valdez and although BP said it was to be contained to Prince William Sound those who knew the tides said it seeped into Cook Inlet and Kachemak Bay.

B. Question of the Week

COMMITTEE REPORT

A. Comprehensive Plan Community Advisory Committee

(June 26, 2007 6 p.m. – 8 p.m.)

B. Global Warming Task Force

(May 15, 2007 Sub Committee Meeting 6 p.m.)

C. Public Arts Committee

(May 17, 2007 Worksession 10 a.m. and Regular Meeting 11 a.m.)

D. Transportation Advisory Committee

(May 15, 2007 Regular Meeting 5:30 p.m.)

PENDING BUSINESS

A Ordinance 07-13(S)(A), 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. (Introduction March 12, 2007, Remanded to the Advisory Planning Commission for further review March 27, 2007, Public Hearing and Second Reading April 23, 2007, Postponed to May 14, 2007)

Main Motion as Amended on the Floor from March 27, 2007: MOTION FOR THE ADOPTION OF SUBSTITUTE ORDINANCE 07-13(S) BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.

Amendment on the Floor from April 23, 2007: MOVED TO FURTHER AMEND LINE 7[1] TO INCLUDE THIS LANGUAGE THAT THEY HAVE HERE: “IS NOT ALLOWABLE IN VELOCITY ZONES”.

Councilmember Roberts commented areas on the coastline that do not go far up in the main area are velocity zones. The amendments refer to compacting soil and building in areas that may not be suitable. The memo from Taunnie Boothby concurs it is not a good idea as an amendment to the plan.

City Planner McKibben clarified the amendments proposed by Councilmember Stark and the Planning Commission were reviewed by Taunnie Boothby, Flood Program Manager for the State and John Graves, FEMA Program Specialist. Concerns were expressed on the amendments.

Councilmember Stark agrees with Councilmember Wythe’s amendment, as the use of fill to a density of 95% is fine except if in the ocean or stream. “Except as in a velocity zone” should be added to the amendment.

Councilmember Wythe explained the desired amendment is to allow compaction at 95% with the exception of velocity zones.

WYTHE/NOVAK- MOVED TO WITHDRAW AMENDMENT TO AMENDMENT.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Councilmember Novak noted Coastal High Hazard Areas is the section discussed within the ordinance. The 95% compaction standard is for this area, whereas other areas should be as originally stated. Coastal High Hazard Area means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources.

Councilmember Shadle asked if it would have any effect on the base of the Spit to make a bigger parking lot.

ROBERTS/STARK – MOVED TO AMEND TO CHANGE BACK AT LINE 469: THE USE OF FILL FOR STRUCTURAL SUPPORT OF BUILDINGS IS PROHIBITED UNLESS COMPACTED TO A DENSITY OF 95% AS MEASURED ON A COMPACTION METER IN AREAS THAT ARE CURRENTLY DEVELOPED.

The amendment will address Councilmember Shadle’s concerns. Areas that have fill that fall under this regulation will allow for raising parking lots in grade that already have fill.

City Planner McKibben pointed out this section refers to buildings.

A definition of development was questioned and City Planner McKibben read the definition for development: Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, storage of equipment or materials, or any other activity which results in the removal of substantial amounts of vegetation, or in the alteration of nature site characteristics located within the area of special flood or coastal high hazard. [2]

Discussion ensued on a standard of how much existing development it included. The ordinance states any manmade change is considered development.

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

Motion carried.

Councilmember Shadle asked if it included bathrooms. City Planner McKibben deferred the question for more research. Councilmember Wythe noted areas on the Spit have development, including areas on the right with fill and on the left with pavement. City Planner McKibben concurred the secondary amendment includes areas that are currently developed.

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

Motion carried.

NOVAK/ROBERTS - MOVED TO AMEND LINE 230: ELEVATIONS TO BE DETERMINED BY REGISTERED STATE LAND SURVEYORS.

They are the only surveyors registered within the State.

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

Motion carried.

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

Motion carried.

Mayor Hornaday called for a recess at 8:20 p.m. and resumed the meeting at 8:30 p.m.

NEW BUSINESS

A. Memorandum 07-76, From Mayor, Re: Appointment of Councilmembers to the City Hall – Town Plaza Review Committee.

Councilmember Shadle noted three councilmembers would like to be on the committee.

SHADLE/STARK – MOVED TO APPOINT THREE COUNCILMEMBERS.

Councilmember Wythe voiced concern of three councilmembers weighing the committee towards the Council. The point of having councilmembers is for a voice, but the point of the committee is to have community member involvement. Councilmember Novak cannot recall any committee having three voting councilmembers as voting members and can see no reason to do it any differently.

VOTE: NO. ROBERTS, WYTHE, NOVAK, HEIMBUCH

VOTE: YES. SHADLE, STARK

Motion failed.

SHADLE/STARK - MOVED TO PICK DENNIS AND DOUG, THE TWO D’S.

Mayor Hornaday ruled there would be one selection at a time.

SHADLE/STARK – MOTION TO PICK DOUG.

There was no discussion.

VOTE: NO. HEIMBUCH, ROBERTS, WYTHE, NOVAK

VOTE: YES. SHADLE STARK

Motion failed.

Mayor Hornaday questioned Council on a motion for affirmation of the two remaining Councilmembers. An objection was voiced.

HEIMBUCH/ROBERTS -MOVED TO NOMINATE MR. COUNCILMAN NOVAK.

There was no discussion.

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

VOTE: NO. SHADLE

Motion carried.

HEIMBUCH/ROBERTS - MOVED TO NOMINATE COUNCILMEMBER WYTHE.

There was no discussion.

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

VOTE: NO. SHADLE

Motion carried.

Councilmember Novak asked about the committee’s makeup. Although the Mayor has made a selection on other members of the committee it is subject to review by the Council. He proposed Anne Marie Holen be considered for the committee and if necessary a vote should be taken. City Manager Wrede said staff resources would be used to serve the committee. He questioned if it was Mr. Novak’s intent to make her a voting member. Mayor Hornaday clarified Anne Marie Holen did not submit an application for the committee.

B. Memorandum 07-79, From Mayor, Re: Refer to Planning Commission for Recommendation of Candidates for the Kenai Peninsula Borough Planning Commission. Recommend approval.

Mayor Hornaday called for a motion to refer to the Planning Commission for their recommendation of candidates interested in serving on the Borough Planning Commission as Homer’s representative.

NOVAK/WYTHE - SO MOVED.

Mayor Hornaday related this requires City Council appointment, not the Mayor. He checked with Planning Commission Chair Ray Kranich and Commissioner Bruce Hess. They are meeting on Wednesday and will have a recommendation to Council by the next meeting on May 29^th. The letter from Borough Mayor John Williams indicates the candidate must be a qualified voter of the Kenai Peninsula Borough who is a resident of the City.

City Clerk Johnson is to confer with the Borough to determine what resident means and advise the Planning Commission.

C. Memorandum 07-74, Events for the 50^th Anniversary of Alaska Statehood - January 3, 2009. Recommend approval.

ROBERTS/WYTHE - MOVED TO ACCEPT MEMORANDUM 07-74.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

D. Memorandum 07-92, through City Manager Re: ICLEI – Local Governments for Sustainability – Conference July 10-13 in Fayetteville, Arkansas.

Council action on Memorandum 07-92 was inadvertently omitted.

E. Emergency Ordinance 07-20, Of the City Council of Homer, Alaska, Amending the FY 2007 Operating Budget by Appropriating $53,000.00 for a Microwave Repeater, Authorizing a Sole Source Procurement Contract with ProComm Alaska, and Authorizing the City Manager to execute the Appropriate Documents.

Mayor Hornaday called for a motion to introduce the ordinance.

WYTHE/NOVAK – SO MOVED.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Mayor Hornaday called for a motion to approve the ordinance for final reading.

SHADLE/NOVAK – SO MOVED.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

RESOLUTIONS

A. Resolution 07-25, Of the City Council of Homer, Alaska Amending the City Property Management Policy and Procedures Manual. City Manager. (Referred to the Economic Development Advisory Commission February 12, 2007.)

Memorandum 07-78 through City Manager as backup.

Memorandum 07-89 from Lease Committee, Re: Comments on Economic Development Advisory Commission Memorandum 07-78.

WYTHE/ROBERTS MOVED TO POSTPONE RESOLUTION 07-25 FOR A DISCUSSION DURING COMMITTEE OF THE WHOLE AT THE NEXT MEETING.

There was no discussion.

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

VOTE: NO. HEIMBUCH

Motion carried.

B. Resolution 07-62, Of the City Council of Homer, Alaska In Support of the Homer Area Coordinated Transportation Plan Developed by the Homer Coordinated Transportation Task Force. City Manager. Recommend adoption.

Memorandum 07-86 through City Manager as backup.

STARK/WYTHE – MOVED FOR THE APPROVAL.

STARK/WYTHE - MOVED TO POSTPONE TO THE NEXT MEETING TO GIVE THE TRANSPORTATION ADVISORY COMMITTEE A CHANCE TO REVIEW.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

COMMENTS OF THE AUDIENCE

Kevin Hogan commented he is at the end of his rope with the whole process of leasing with the City. In 2005 he responded to a RFP for property lease and has been trying to lease in good faith since that time. He has never taken longer than 36 hours to respond to any questions, yet he has put up with delays, disinterest and deception. He has a steel building on a trailer that is costing him $1,000 a month. As the only responsive bidder, he waited and waited, and after six weeks finally got to meet with the City Manager last week. He has had it. The City can buy the building if they want to put it up. He was told by the City Manager he was not to be talking to Council and believes the Council should take that as an insult as they are here to represent the people. The way Administration is representing Council is an embarrassment.

COMMENTS OF THE CITY ATTORNEY

City Attorney Gordon Tans was not present.

COMMENTS OF THE CITY CLERK

City Clerk Johnson had no comments.

COMMENTS OF THE CITY MANAGER

City Manager Wrede had no comments.

COMMENTS OF THE MAYOR

Mayor Hornaday said there was a lot of action in our Cosmic Hamlet by the Sea, with the successful cleanup, Shorebird Festival and the passing of the hospital expansion. He congratulated Councilmember Stark on becoming a grandpa.

COMMENTS OF THE CITY COUNCIL

Councilmember Novak responded to Kevin Hogan, stating every negotiation is a two-way street; he is not the only one talking, the City is talking too. There have been requests and demands going back and forth, changes, new proposals, new things requested and a lot of conversation. It is unreasonable to expect the City is not interested or not doing the things they need to do for the benefit of the City, and to imply such is wrong. Negotiations need to be completed. The City and the lessee need to get together and complete the job. There is criteria established on both sides and nobody can lay it on one side. He told Mr. Hogan if he wanted to pick up his end the City will pick up theirs. Mr. Hogan is capable of doing business out there and bears some responsibility in completing the negotiations.

Councilmember Shadle would like to see the lease get worked out. Patience is a real virtue and we could all use a little more of it. He would like to see it all worked out and smiles at the next meeting.

Councilmember Stark noted the points made regarding the lease, stating it was up to the parties to conclude it.

Councilmember Heimbuch stated he voted against postponement, as Mr. Hogan has a right to move forward. Per Mr. Hogan’s testimony, the lease policy for land use on the Spit is broken. He would like to see it resolved. He would like to see EDC’s recommendations considered and if their alternative on the Spit is to development of anything resembling the grotesque and aesthetically bankrupt row of condominiums or the monstrous destruction of public view he will take empty lots any day. Mr. Hogan has a decent proposal and he would like to see it go forward.

Councilmembers Roberts and Wythe had no comments.

ADJOURNMENT

There being no further business to come before the Council, Mayor Hornaday adjourned the meeting at 8:54 p.m. The next Regular Meeting is scheduled for Tuesday, May 29, 2007 at 7 p.m. and the next Committee of the Whole is scheduled for Tuesday, May 29, 2007 at 4 p.m. All meetings are 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: _____________________

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[1] Should be Number 7, Line 469.

[2] Underlined words indicate proposed amendments of the Planning Commission.