Session 07-25 a Regular Meeting
of the Homer City Council was called to order at
PRESENT: COUNCILMEMBERS: HEIMBUCH, NOVAK, ROBERTS, SHADLE (telephonic), STARK, WYTHE
Councilmember Shadle 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 4:02 p.m. to 5:27 p.m. regarding Capital
Improvement Plan, 2008 Budget, Non-Profit Organizations, New Courthouse, Old
Library Lot Split and Regular Meeting Agenda Items. Council met for a Special
Meeting from
AGENDA APPROVAL
(Addition of items to or removing
items from the agenda will be by unanimous consent of the Council.
Consent Agenda: Item C. Resolution 07-97(S), Of the City
Council Certifying the Results of the City of
Announcements/Presentations/Borough
Report/Commission Reports: Item C. Prince William Sound Regional Citizen’s
Advisory Council Report by John Velsko.
New Business
– Item A. Appointment of Councilmember to Transportation Advisory Committee.
The agenda as amended was approved by consensus of the Council.
The agenda was approved as amended by consensus of the City Council.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Public may comment on any item on
the agenda with the exception of: Ordinance
07-36(S), Amending Homer City Code
Section 4.10.050 to Prohibit a Person Holding the Office of Mayor or City
Council Member from being a Candidate for Another Office or Term of Office
Except During the Last Year of the Official’s Term of Office or when a City
Council Member is Running for Mayor.
Thorey Munro,
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
B. Resolution 07-95,
Of the City Council of Homer,
Memorandum 07-163 from City Manager as backup.
C. Resolution 07-97,
Of the City Council Certifying the Results of the City of
D. Memorandum 07-164,
From Homer Advisory Planning Commission, thru City Manager, Re:
Mayor Hornaday asked for a motion for the adoption of the recommendations of the Consent Agenda as read.
HEIMBUCH/WYTHE – SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VISITORS
A.
Homer High School Government students were acknowledged.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS
A. Canvass Board Report – Deputy City Clerk Jacobsen
Deputy City Clerk Jacobsen
reported 1,194 voters, 28% voter turnout and ballots were taken to long term
care and the
B. Report of September 2007 Trip to
PUBLIC HEARING(S)
A. Ordinance 07-36(S), Of the City Council of Homer, Alaska Amending
Homer City Code Section 4.10.050 to
Prohibit a Person Holding the Office of Mayor or City Council Member from being a Candidate for Another
Office or Term of Office Except During the Last
Year of the Official’s Term of Office or when a City Council Member is Running for Mayor. Novak. First Reading
There was no public testimony.
NOVAK/ROBERTS – MOVED FOR THE
ADOPTION OF ORDINANCE 07-36(S) BY
The intent of the ordinance is to prevent Councilmembers from filing for office, with the exception of Mayor, until they are in their last year.
ROBERTS/NOVAK – MOVED ON
Amendment is to allow citizens in the federal government to file for office.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
NOVAK/WYTHE -MOVED TO AMEND TO
STATE IN
Council discussed the need for an amendment to the ordinance stating a councilmember cannot resign in the middle of their term and run for the term again. The likelihood that the issue would happen again was questioned. Council discussed resignation of a term at a date outside the candidacy filing period and the need to replace the seat with a vote of the Council. The voters should have the final say on council candidates.
NOVAK/WYTHE – MOVED TO WITHDRAW
THE AMENDMENT
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
ORDINANCE(S)
A. Ordinance 07-35,
Of the City Council of Homer,
MOTION ON THE FLOOR: WYTHE/ROBERTS – MOVED FOR THE INTRODUCTION OF
ORDINANCE 07-35 FOR FIRST
WYTHE/HEIMBUCH - MOVED TO AMEND
The amendment will provide full disclosure for any conflicts of interest,
but does not require full financial disclosure. Full disclosure of conflicts
will be beneficial to both Council and the community.
Councilmember Stark objected,stating
there are 105 communities exempted from the disclosure law. Homer voted by a
54% margin to exempt itself from the disclosure law. It will make it harder to
get good, intelligent and successful people for the Council. It should be made
easier for people to run for the Council.
Councilmember Wythe stated when the exemption was voted on the community
was smaller and it was more difficult to find qualified candidates. In today’s
society with many ethical issues the disclosure of conflicts of interest lends itself
to that transparent government people are looking for. Finding qualified
candidates is easier with the growth of the community.
VOTE: (amendment) YES. NOVAK, HEIMBUCH, ROBERTS, WYTHE
VOTE: NO. SHADLE, STARK
Motion carried.
VOTE: (main motion as amended) YES. WYTHE, SHADLE, STARK, NOVAK,
HEIMBUCH, ROBERTS
Motion carried.
B. Ordinance 07-37, Of
the City Council of Homer,
NOVAK/WYTHE – MOVED FOR THE INTRODUCTION OF ORDINANCE 07-37 FOR FIRST READING BY READING OF TITLE ONLY.
Councilmember Heimbuch questioned the measures it would take to clean up the big boat on the Spit with junk beside it.
City Manager Wrede responded the ordinance could cover something like that. There have been numerous complaints from the public about nuisances, dangerous structures, and junk that poses a hazard to health and safety. The older ordinances are skimpy, laws have changed as to public notice, documentation and collection of funds. The ordinance combines existing code to place it all under public nuisances. Council handles appeals or can designate them to a hearing officer or another commission. The building inspector is currently the Public Works Director; there may be a building inspector position at a later date. Enforcement is the Department of Public Safety. If there is an immediate danger to public health and safety, immediate action can be taken prior to notifying the property owner. Public nuisances without an immediate threat will be dealt with through the process of notification. Owners would be made personally liable for costs. A waiver for low income or elderly persons is included. It is an improvement to current code; it is a powerful tool.
Councilmember Heimbuch noted so much time has ensued since enforcement, thousands of tourists consider the Spit property with the boat and junk as an icon. There is the concern many people will say leave the Cousin’s place alone, it is wonderful and keeps Homer weird.
Public nuisance is defined in the ordinance. Vehicles and boats are included in lines 50 – 54.
Councilmember Wythe asked that Council move cautiously on the ordinance and expand the public comment period.
WYTHE/HEIMBUCH – MOVED TO EXPAND
THIS BY
Houses under construction were discussed, some may take fifteen years to build out of pocket. The ordinance states fire hazards or unsafe for occupancy must be reasons, instead of not just liking your neighbor’s yard.
The need for a qualified building inspector and a time frame was expressed.
VOTE: (POSTPONEMENT) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Ordinance 07-38,
Of the City Council of Homer, Alaska, Accepting and Appropriating an Alaska Department of Commerce,
Community, and Economic Development (DCCED)
Grant of $65,000.00 for the Spit Trail Completion and Authorizing the City Manager to Execute the Appropriate Documents. City Manager.
Recommend Introduction
NOVAK/ROBERTS - MOTION FOR THE
ADOPTION OF ORDINANCE 07-38 FOR INTRODUCTION
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
D. Ordinance 07-39,
Of the City Council of Homer, Alaska, Accepting and Appropriating an Alaska Department of Commerce,
Community, and Economic Development (DCCED)
Grant of $50,000.00 for the Senior Access Trail and Authorizing the City Manager to Execute the Appropriate Documents.
City Manager. Recommend Introduction
Mayor Hornaday called for a motion for the adoption of Ordinance 07-39 for introduction and first reading by reading of title only.
WYTHE/HEIMBUCH - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
E. Ordinance 07-40,
Of the City Council of Homer, Alaska Accepting and Appropriating an Alaska Department of Commerce,
Community, and Economic Development (DCCED)
Grant of $133,000.00 for the Kachemak Bay Research
Reserve Education Project and
Authorizing the City Manager to Execute the Appropriate Documents. City Manager.
Recommend Introduction
Mayor Hornaday called for a motion for the adoption of Ordinance 07-40 for introduction and first reading by reading of title only.
WYTHE/STARK – SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
10.
A. City Manager’s Report
The parity study and memorandum
from Personnel Director Hobbs was included outlining employee turnover rate.
Items of discussion were
Council questioned public indebtedness
for the project, concern that public support is not
lost and suggested a public poll. City Manager Wrede explained waiting before
or after Christmas will allow time for more information and refined cost
estimates to conduct such a poll. The design team will fit in everything they
can, working around the $10M figure. The proposal will then come back to the committee
and judgments will be made by Council to establish a cap. Council asked for as
much feedback as possible as there are reservations about building something too
elaborate. Mayor Hornaday reported after meeting with the Senators in
Council commented on the City’s outdated wage compensation scale, suggesting alternate models with a 20-step scale. A migration chart depicting every position in place and normal retirement year was requested.
The Senior Citizen’s request for inclusion as a line item in the budget was discussed. It was suggested the project be added to the CIP list for funding by Legislature.
Mayor Hornaday called for a
recess at
B. Question of the Week
Do
You Think that Expanding the
COMMITTEE REPORT
A. Comprehensive Plan Community Advisory Committee
(Regular Meeting
B. Global Warming Task Force
(Regular Meeting
Alan Parks, GWTF member, reported
on the importance of implementing the Climate Action Plan. Proposed
energy saving measures for the City of
C. Public Arts Committee
(Worksession and Special Meeting
D. Transportation Advisory Committee
(Regular Meeting
E. City Hall -
F. Permanent Fund Committee
(Regular Meeting
Councilmember Wythe reported the Permanent Fund Committee is working on a draft RFP to have an investment plan developed and investor selected prior to distribution of Exxon Valdez settlement funds.
John Velsko, Prince William Sound Regional Citizen’s Advisory Council, reported on the oil spill prevention and contingency plan for shippers. He asked the city to provide a letter prior to the comment deadline.
PENDING BUSINESS
A. Appointment of Councilmember to Transportation Advisory
Committee
By consensus the Council
postponed the appointment to the Special Meeting on
RESOLUTIONS
A. Resolution 07-96, Of the City Council of Homer, Alaska, Amending the Membership of the City Hall / Town Square Review Committee by Adding One Seat for the Transportation Advisory Committee and One Seat for the Public Arts Committee. City Manager. Recommend adoption.
Mayor Hornaday called for a motion for the adoption of Resolution 07-96 by reading of title only.
WYTHE/STARK – SO MOVED.
Discussion ensued on the seats for the Town Square Review Committee.
NOVAK- MOVED TO CHANGE THE
COMMITTEE MAKEUP TO
Motion died for lack of a second.
WYTHE/ROBERTS - MOVED TO ADD AT
THE END OF THE
Council discussed having a representative from CIRI on the Committee; City Manager Wrede suggested CIRI be invited to every meeting and retain the committee with the present members.
VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion as amended) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Resolution 07-98, Of the Homer City Council Adopting the Capital Improvement Project Priority List for Fiscal Year 2009 and Capital Improvement Plan for 2008- 2013 and Requesting Appropriate Funding. Mayor/City Council. Recommend adoption.
NOVAK/WYTHE - MOTION FOR THE ADOPTION OF RESOLUTION 07-98 BY READING OF TITLE ONLY.
Mayor Hornaday commented Legislators pay attention to the top three choices, other than Senator Stevens who is well informed on all issues.
WYTHE/NOVAK- MOVED TO REPLACE RESOLUTION 07-98 WITH 07-98(A).
The CIP list was decided by Council at the Committee of the Whole.
WYTHE – MOVED FOR POINT OF ORDER.
Prior to amending the order of priority of projects the motion to amend requires a vote.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
NOVAK – MOVED TO
Motion failed for lack of a second.
Councilmember Heimbuch questioned
the
WYTHE – MOVED FOR POINT OF ORDER.
The amended resolution is for approving the CIP in its entirety, four proposed projects need to be added and several items need to be removed.
WYTHE/ROBERTS - MOVED FOR THE SAKE OF DISCUSSION THE APPROVAL OF THE GATEWAY BEAUTIFICAITON PHASE I PAVING THE CHAMBER OF COMMERCE PARKING LOT TO BE ADDED TO THE CIP.
Councilmember Wythe recommended not adding paving of the Chamber’s parking lot to the CIP. The CIP list needs to be revisited; there are tons of projects, years that are unrealistic.
VOTE: YES. ROBERTS, SHADLE, STARK, NOVAK
VOTE: NO. WYTHE, HEIMBUCH
Motion carried.
NOVAK/ROBERTS - MOVED TO ADD END
OF THE
Councilmember Novak suggested the items could be combined as one on the CIP list.
WYTHE/NOVAK - MOVED TO AMEND
DENNIS’ PROPOSAL TO SPECIFICALLY COMBINE THE EXISTING PROJECT WITH THE
Combining the projects needs to be by Council’s conscientious decision.
VOTE: YES. (secondary amendment) NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: YES. (primary amendment) NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
ROBERTS/WYTHE - MOVED TO ADD THE HAVEN
HOUSE GREEN HOUSE
It is a small cost project and the needs are recognized. A resolution of support instead of addition to the CIP list was suggested. Traditionally projects are over $25,000 when added to the CIP list.
VOTE: YES. ROBERTS, STARK, NOVAK
VOTE: NO. HEIMBUCH, WYTHE, SHADLE
Mayor Hornaday broke the tie vote with a YES vote.
Motion carried.
WYTHE/HEIMBUCH – MOVED THAT WE
STRIKE THE SENIOR ACCESS TRAIL, THE
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion) YES. SHADLE, STARK, NOVAK, ROBERTS, WYTHE
VOTE: NO. HEIMBUCH
Motion carried.
COMMENTS OF THE AUDIENCE
There were no public comments.
COMMENTS OF THE
City Attorney Tans was not present.
COMMENTS OF THE
City Clerk Johnson thanked the election workers for their hard work and the voters for making the election successful.
COMMENTS OF THE
City Manager Wrede thanked the Clerks
office for a wonderful job day in and out, keeping the City functioning.
COMMENTS OF THE MAYOR
Mayor Hornaday said he was gone for three weeks and nobody complained about their water rate or road.
COMMENTS OF THE
Mayor Pro Tempore Novak reminded everyone
to come to the Homer Comprehensive Plan Update, October 18th 5 –
8:30 at Homer High School Commons. It is a chance to provide helpful feedback
on the Homer Comprehensive Plan.
Councilmember Heimbuch commented
on Councilmember Stark’s many years of service to the community. Regardless of
differences he has been consistent in his point of view. Mr. Stark has the
ability to transcend the day to day toils, setting a consistent path for himself
and yet has never hesitated to change his mind when confronted with the facts
of the error of his ways. It has to be said, thank you, my personal thanks for
your service.
Councilmember Roberts wished
Councilmember Stark good luck.
Councilmembers Stark, Shadle and Wythe
had no comments.
ADJOURNMENT
There being no further business
to come before the Council the meeting was adjourned at
______________________________
JO JOHNSON,
Approved: _____________________