Session 08-14 a Regular Meeting of the Homer City Council was called to order at 7:01 p.m. on May 27, 2008 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:        HOWARD, NOVAK, ROBERTS,                                                                                                      SHADLE, WYTHE

 

                                    ABSENT:                               HEIMBUCH (excused)

 

                                    STAFF:                                   CITY MANAGER WREDE

                                                                                    CITY CLERK JOHNSON

 

Councilmember Heimbuch has requested excusal.

 

Mayor Hornaday called for a motion for the excused absence of Councilmember Heimbuch.

 

WYTHE/NOVAK – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

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

 

Council met as a Committee of the Whole from 4:03 p.m. to 5:30 p.m. Agenda items were Hiring Policies and Wage Structure, Substandard Roads Repair, Memorandum of Understanding Between the City of Homer and Kachemak City 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 - Memorandum 08-72 Liquor License Renewals – backup information; Announcements/Presentations/Borough Report/Commission Reports - 2007 Kenai Peninsula Borough Mill Rates; Committee Report - Memorandum 08-77 from City Planner, Re: Comprehensive Plan Update; Resolutions - Resolution 08-62(S) Substitute: Homer Spit Water Tank Repair 2008 and Memorandum 08-78, from Public Works, Re: Resolution 08-62(S); and New Business - Memorandum 08-79 from City Manager, Re: Promotion of Deputy Harbormaster Hawkins to Port and Harbor Director.

 

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

 

There were no public comments.

 

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 May 12, 2008 Regular Meeting.    City Clerk.                                                                                                        

 

B.         Memorandum 08-70, from Mayor, Re: Appointment of Florence Larson to the Library           Advisory Board.                                                                                                

 

C.        Memorandum 08-72, from Deputy City Clerk, Re: Liquor License Renewals – Young’s          Downtown Inn, Fresh Sourdough Express, Finn’s and Kharacters.        

 

Mayor Hornaday called for a motion for the adoption and/or approval of the recommendations of the consent agenda as read.

 

NOVAK/WYTHE – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

VISITORS

 

A.        Tom Crafford, Department of Natural Resources

 

Mr. Crafford was unable to attend.

 

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH    REPORT/COMMISSION REPORTS

 

A.        Mayoral Recognition – Daniel Cornelius 30 Years with the City of Homer.       

                                                                                                                                   

Mayor Hornaday recognized Daniel Cornelius for his 30 years of service to the City.

 

B.         Port and Harbor Advisory Commission – Spit Parking Joint Worksession May 6, 2008.

                                                                                                                                   

C.        U.S. Coast Guard Thank You for Honoring Chris Hutto.                                  

 

D.        2008 Kenai Peninsula Borough Sales Tax Rates                                               

Tori Lentfer, Parks & Recreation Advisory Commissioner, announced Park Day on August 9th. There will be lots of fun, food, and activities.

 

PUBLIC HEARING(S)

 

A.        Ordinance 08-17, An Ordinance of the City Council of Homer, Alaska, Accepting and            Appropriating Alaska Highway Safety Program Grants for Seat Belt Enforcement, DUI           Enforcement and Two New Radar Guns and Radar Instructor Training and Authorizing   the City Manager to Execute the Appropriate Documents. City Manager/Police Chief. Recommended Dates: Introduction May 12, 2008, Public Hearing and Second Reading May 27, 2008.                                                                          

 

            Memorandum 08-65 from Police Chief as backup.       

 

There was no public testimony.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-17 by reading of title only for second and final reading.           

 

WYTHE/ROBERTS – SO MOVED.

 

Councilmember Shadle asked if there were seatbelts on busses and the response was there were not.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

ORDINANCE(S)

 

A.        Ordinance 08-15, An Ordinance Amending Homer City Code Chapter 1.24 and Title 4 to Provide for the Election of City Council Members to Designated Seats. Novak. Introduction April 28, 2008, Public Hearing May 12, 2008 and Second Reading May 27, 2008.                                                                                                                

 

            Ordinance 08-15(S), An Ordinance Amending Homer City Code Chapter 1.24 and Title 4 to Provide for the Election of City Council Members to Designated Seats. Novak. Introduction April 28, 2008, Public Hearing May 12, 2008 and Second Reading May 27, 2008.                                                                                                             

 

            Memorandum 08-75 from Dennis Novak, Mayor Pro Tempore, as backup.

 

Motion on the floor from the May 12, 2008 meeting:  MOVED TO ADOPT ORDINANCE 08-15 BY READING OF TITLE.

 

NOVAK/ROBERTS – MOVED TO SUBSTITUTE ORDINANCE 08-15(S) FOR ORDINANCE 08-15.

 

HOWARD/ROBERTS – MOVED TO OFFER AN AMENDMENT TO 08-15(S) BY ADDING TO THE TITLE: FOR THE 10/07/08 GENERAL MUNICIPAL ELECTION ONLY.

 

The amendment would be an opportunity to test the change on a trial basis rather than a permanent process.

 

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

 

Motion carried.

 

WYTHE/HOWARD - MOVED TO AMEND SECTION 8 TO READ: SECTIONS 1 THROUGH 6 OF THIS ORDINANCE ARE OF A TEMPORARY NATURE AND PROVIDE THE WORDING THAT BARB PROVIDED FOR THE TITLE.

 

Asked if the City Clerk had any input on the amendment, City Clerk Johnson suggested discussing the amendment with the City Attorney.

 

City Manager Wrede suggested concurring with City Attorney Tans prior to adopting the amendment. Councilmember Howard concurred with the attorney’s review of the amendment.

 

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

 

Motion carried.

 

SHADLE/HOWARD - MOVED TO POSTPONE.

 

Councilmember Novak noted the time frame for Department of Justice approval; the ordinance would need approval tonight to meet the deadline. Discussion of repealing the ordinance ensued.

 

Councilmember Shadle defended the current system in operation for many years and questioned why a change was needed.

 

Councilmember Roberts called for a point of order. Motion on the floor is to postpone.

 

SHADLE/WYTHE – MOVED TO POSTPONE TO THE NEXT MEETING.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Council favored making a decision on the ordinance tonight as it affects the October 7th election.

 

Vote: (postponement as amended) NO. HOWARD, NOVAK, ROBERTS, WYTHE, SHADLE

 

Motion failed.

 

Councilmember Novak endorses the ordinance as it encourages one on one debate and provides the voters with a clear choice. Sometimes candidates want a different seat, as their philosophical values differ from others. It will give candidates the option of selecting positions, and each candidate must still secure 40% of the votes to win.

 

Councilmembers Shadle and Wythe expressed their lack of support for the restricted voting, while Councilmember Roberts agreed with the ordinance in the ability to change seats right up to the last minute.

 

Councilmember Novak indicated it will be a change for the better and the top vote getter will still secure the seat. Instead of one election, there will be an election for each seat. It will create more interest by doing it this way.

 

Council discussed the legalities of the one year stipulation and potential for repeal.

 

Councilmember Howard expressed concern with increased chances of run-offs and Council finding itself appointing members. It may become an election officer’s nightmare on August 15th at 4:45 p.m. when candidates are switching seats and playing a chess game.

 

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

VOTE: NO. WYTHE, SHADLE, HOWARD

 

Motion failed.

 

CITY MANAGER’S REPORT

 

A.                 City Manager’s Report 

 

City Manager Wrede announced his mother and niece are visiting and he has been on vacation. Finance Director Regina Harville came through surgery well and is expected to return to work gradually. Chief Robl was successful in recruiting a new police officer, a local man who attended Homer High School. He is Michael Swearingen, a former trooper. The City is stepping up recruitment efforts for local folks and was active at the Job Fair. Having both the experience and dedication, Bryan Hawkins will be promoted to Port and Harbor Director. Six people were interviewed by phone for the City Planner position. Three have already accepted jobs elsewhere. Next week three candidates will be interviewed face to face. The Public Works job was advertised for the second time. Several phone interviews will be conducted next week.

 

City Manager Wrede expressed his appreciation for discussion at the Committee of the Whole on the wage structure and strategy for recruiting and retention of employees. as well as discussion on roads. A beach sign summit was held most recently. New signs will go up next week. A list of missing signs was made, and some wording was changed to make the new signs easier to understand. A cement base for some signs will be used to make them sturdier. A new kiosk at Mariner Park will be placed; one will be placed later at Bishops Beach. Stouter, piling type poles will be requested next time. There are new officers on beach patrol that will keep an eye on signs. The selection committee met today to look at proposals for the Climate Action Plan.

 

Discussion ensued as to whether officers were on the beach over the Memorial Day weekend. Mayor Hornaday stated he visited the beach each day of the long weekend and did not see patrol officers.

 

B.         Games Report                                                                                                 

           

C.        Question of the Week                                                                                      

 

COMMITTEE REPORT

           

A.        Comprehensive Plan Community Advisory Committee

 

B.         Public Arts Committee

            (June 19, 2008 Worksession 10:00 a.m. and Regular Meeting 11:00 a.m.)

 

C.        Transportation Advisory Committee

            (June 17, 2008 at 5;30 p.m.)

 

D.        Permanent Fund Committee

            (June 19, 2008 at 1:00 p.m.)

 

E.         Lease Committee

 

PENDING BUSINESS

 

A.        Resolution 08-56, A Resolution of the City Council of Homer, Alaska, Approving a    Memorandum of Understanding Between the City of Homer and Kachemak City             Regarding the   Maintenance of Approximately 2,000 Linear Feet of Road on Stellars Jay         Drive and Golden Plover Avenue. City Manager.                                             

 

Motion on the floor from May 12th: MOVED FOR THE ADOPTION OF RESOLUTION 08-56 BY READING OF TITLE ONLY.

 

WYTHE – MOVED TO POSTPONE TO THE NEXT MEETING WITH A REQUEST FOR STAFF TO REVIEW HOW OTHER VICINITIES WITH ADJOINING PROPERTY LINES ARE DEALING WITH THEIR COSTS OF ROAD MAINTENANCE.

 

Motion died for lack of a second.

 

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

VOTE: NO. WYTHE

 

Motion carried.

 

NEW BUSINESS

 

A.        Memorandum 08-71, from City Clerk, Re: Vacate Botts Street, a 60-Foot Right-of-Way       and Vacate the Associated Utility Easements Within Tract A and Lot 5A-1, Dedicated and Granted by Anderson 2003 Addition (Plat HM 2003-88); and Vacate the Utility           Easements Within Lot 1-A-1 Granted by Alfred Anderson No. 5 (Plat HM 2006-43);      within Section 19, Township 6 South, Range 13 West, Seward Meridian, Alaska.

                                                                                                                                   

Mayor Hornaday called for a motion for the approval of Memorandum 08-71 to vacate Botts Street right-of-way and utility easements.

 

ROBERTS/NOVAK – SO MOVED.

 

Discussion followed on the stranded piece of property. Public Works Director Meyer clarified a replat has been completed that eliminates any land-locked pieces.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Memorandum 08-74, from City Clerk, Re: Request for Executive Session Pursuant to             AS §44.62.310(C)(1 & 5), Matters, the Immediate Knowledge of Which Would Clearly    Have    an Adverse Effect Upon the Finances of the Government Unit and    Attorney/Client Privilege. (Lawsuit – City of Homer and HEA – Country Club             Estates.)                                                                                                          

 

NOVAK/SHADLE – MOVED FOR THE APPROVAL OF MEMORANDUM 08-74.

 

Councilmember Wythe declared a conflict of interest and vacated her seat. (HEA is her employer.)

 

There was no discussion.

 

VOTE: YES. NOVAK, ROBERTS, SHADLE, HOWARD

 

Motion carried.

 

Council recessed for Executive Session at 7:45 p.m. and reconvened at 8:10 p.m.

 

Mayor Pro Tempore Novak stated the matter was discussed and the City Attorney was given direction.

 

Councilmember Wythe returned to her seat.

 

C.        Memorandum 08-76, from City Clerk, Re: Travel Authorization for Councilmember    Roberts’ Attendance at Alaska Municipal League Communities Conference on Climate Change in Anchorage, Alaska May 28-30, 2008.                                             

 

Mayor Hornaday called for a motion for the approval of Memorandum 08-76 for travel authorization for Councilmember Roberts.

 

WYTHE/NOVAK – SO MOVED.

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

D.        Memorandum 08-79, from City Manager, Re: Promotion of Deputy Harbormaster      Hawkins to Port and Harbor Director.

 

Mayor Hornaday called for a motion for the approval of Memorandum 08-79 for promotion of Deputy Harbormaster Hawkins to Port and Harbor Director.

 

WYTHE/NOVAK – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

RESOLUTIONS

 

A.        Resolution 08-61, A Resolution of the City Council of Homer, Alaska, Awarding the   Prisoner Meal Service Contract to Homer Senior Citizens, Inc., of       Homer, Alaska in the    Amount of $8.50 per Meal, $5.00 per Delivery and Authorizing the City Manager to            Execute the Appropriate Documents. City Clerk.                                             

 

            Memorandum 08-73 from Police Chief as backup.       

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-61 by reading of title only.                                

 

WYTHE/ROBERTS – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

C.        Resolution 08-62, A Resolution of the City Council of Homer, Alaska, Awarding the   Homer Spit Water Tank Repair 2008 to the Firm of _________________ of     _________________, _____________ in the Amount of $_________ and          Authorizing       the City Manager to Execute the Appropriate Documents. City Clerk.  

 

            Resolution 08-62(S),  A Resolution of the City Council of Homer, Alaska, Awarding the         Homer Spit Water Tank Repair 2008 to the Firm of Western Industrial, Inc. of Seattle,      Washington, in the Amount of $228,330.53 and Authorizing the City Manager to Execute           the Appropriate Documents. City Clerk.

 

            Memorandum 08-78 from Public Works as backup.

 

Mayor Hornaday called for a motion to substitute Resolution 08-62(S).

 

SHADLE/WYTHE – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-62(S) by reading of title only.

 

SHADLE/WYTHE – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

E.         Resolution 08-63, A Resolution of the City Council of Homer, Alaska, Authorizing the             City Manager to Issue a Request for Proposals (RFP) for General Counsel Legal            Services. City   Manager.

 

NOVAK/SHADLE – MOVED FOR THE ADOPTION OF RESOLUTION 08-63.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

F.         Resolution 08-64, A Resolution of the City Council of Homer, Alaska, Establishing the            Alaska Statehood Anniversary Committee. Mayor.          

 

Mayor Hornaday called for a    motion for the adoption of Resolution 08-64 by reading of title only.                 

 

WYTHE/SHADLE – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

COMMENTS OF THE AUDIENCE

 

Heath Smith, city resident since 1974, provided Council with a packet of information pertaining to the RFP for car rental concession lease at the airport. The other bidder was Sandra Thompson. Sandra Thompson and John Thompson currently operate Pioneer Car Rentals dba Hertz in the airport terminal. The lease agreement allows expansion by renting additional car spaces. Mr. Smith does not know if the Lease Committee members that reviewed proposals were aware of Sandra’s relationship to John. Although John and Sandra have greater means than Mr. Smith does and in a position to do better initially, given the opportunity, Mr. Smith believes he will do better in time. Resolution 05-23 sets forth the principle to encourage new entrants into business to encourage competition and diversity. Anti-competitive practices are such that limit, restrict, or distort either competition or market access by aim or effect, or constitute abuse of a dominant market position. Mr. Smith appealed to the City Council that they do not condone anti-competitive practices and move to help the diversification of the car rental business by letting a new entity lease the space.

 

Ginger Johnson, city resident, lives on Fireweed Lane. There are a lot of problems with the road that started with the rezone four to five years ago. There are now six commercial businesses running up and down the road with heavy equipment. It is a rural road on commercial property. Drainage control and street signs are to be maintained by the City. Alder trees are 30 ft. high in the drainage ditches and there are no street signs. She went 16 days without water, as water trucks or herself could not drive in. No emergency vehicles could come in. She would like to see the City improve the road to handle commercial traffic and impose weight limits. There are four people on the upper part of the road, the rest are all businesses in between.

 

Mayor Hornaday explained that roads were the subject in the Committee of the Whole. The City has adopted a process in that property owners form a LID (Local Improvement District) and bring a road up to code and then the City accepts and maintains it. Ms. Johnson asserts commercial zoning provides some legal liability of the City, although he has not researched that. If the City starts improving roads without an LID there will be several hundred people complaining and there will be no end to it. 

 

Discussion followed on weight limitations on roads; the limitations in effect only apply to State roads.  

 

Dale Banks, business owner on Eagle Place, found his property a few years ago. He went into Public Works, looked at the road maintenance map to see the property was in a GC1 district on a city maintained road. He was looking for year round access to his commercial property that includes a wholesale distribution warehouse. He read the definition of GC1: The GC1 District is intended to provide sites for businesses that provide direct motor vehicle access. That is what he needed, for Carlisle trucks to deliver goods to distribute to the businesses he serves. There is a three-week stretch of time the trucks cannot get to his business, he can only mud bog through in his own 4-wheel drive pickup. Although he recognizes the City’s point of not wanting to improve the road, he would like to have the road maintained and kept at a standard. The City has some obligation to make it passable.

 

Asked what maintenance is included in rural roads, Public Works Director Meyer said roads are graded the start of the summer, dust control is applied and they are graded a couple times per year. Before freeze up, Public Works makes sure the roads are flat. They plow and sand, doing the best they can to improve drainage on a case by case basis.

 

Although the City has talked about creating load limits, restrictions would be difficult to enforce. Water and fuel delivery trucks are heavy and imposing weight limits on them would be a real problem.

 

Michael Giffeli, Anchor Point resident, would like to see the south end of Ohlsen Lane as it intersects with Main Street closed. The roadway has outlived its intended purpose. It has provided public access that has led to vandalism on private property owners. The land is washing away every year with heavy usage. Mrs. Haskins had a storage building there on the edge for years and finally took it away last fall because of vandalism. Property owners would still have access with the road closure.  

 

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 had no comments.

 

COMMENTS OF THE MAYOR

 

Mayor Hornaday stated there were meaningful ceremonies over the Memorial Day weekend for those that have given their lives.

 

COMMENTS OF THE CITY COUNCIL

 

Councilmembers Howard, Roberts, Shadle and Novak had no comments.

 

Councilmember Wythe thanked City Manager Wrede’s mother and niece for letting him come to the meeting. She said it was good to be back.

 

ADJOURNMENT

 

There being no further business to come before the Council the meeting was adjourned at 8:47 p.m. by Mayor James C. Hornaday. The next Regular Meeting is scheduled for Monday, June 9, 2008 at 7:00 p.m. The next Committee of the Whole is scheduled for Monday, June 9, 2008 at 4:00 p.m. A Special Meeting is scheduled for Monday, June 9, 2008 at 5:30 p.m. All meetings scheduled to be held in the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 

______________________________

JO JOHNSON, CMC, CITY CLERK

 

Approved: _____________________