Session 08-28 a Regular Meeting of the Homer City Council was called to order on October 13, 2008 at 7:00 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, HOWARD, NOVAK (telephonic),                                                                                ROBERTS, SHADLE (telephonic), WYTHE

 

                        STAFF:                                   CITY MANAGER WREDE

                                                                        CITY CLERK JOHNSON                                         

                                                                        CITY PLANNER ABBOUD

                                                                        PUBLIC WORKS DIRECTOR MEYER

 

                        ATTORNEY:             CITY ATTORNEY KLINKNER

 

Councilmembers Novak and Shadle have requested telephonic participation.

 

By unanimous consent Council approved telephonic participation by Councilmembers Novak and Shadle.

 

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

 

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

New Business - Bid Opening – Request for Proposals – Purchase City Property, Lot 2, Homer Public Library No. 2; Resolutions - Resolution 08-107(S), A Resolution of the City Council Certifying the Results of the City of Homer Regular City Election Held October 7, 2008 to Elect the Mayor and Three Council Members. City Clerk/Canvass Board; Resolution 08-109(S), A Resolution of the Homer City Council Expressing Support for a Full Time Adult Probation Officer in Homer and Requesting Funding for that Position in the FY 2010 Department of Corrections Operating Budget. Howard.

 

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

 

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 September 15, 2008 Special          Meeting and September 22, 2008 Regular and Special Meetings. City Clerk.

 

Mayor Hornaday called for a motion for the adoption of the recommendations of the consent agenda as read.                                                                                                                           

 

HEIMBUCH/HOWARD – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

VISITORS

 

A.                 Martha Madsen, News from Yelizovo, Russia

 

Martha Madsen, visiting from Yelizovo, noted the sister city relationship between Homer and Yelizovo in 2000. She read a letter from the Mayor of Yelizovo inviting our city to visit Yelizovo. In the last year the political structure has changed, they now have two mayors.

 

B.                 State Representative Paul Seaton

 

Representative Seaton provided a handout of testimony of Gene Bubay, senior vice president of SEMCO, owner of Enstar from the Special Session in Juneau. He testified there is an obligation to bring natural gas to Homer from the North Fork Unit, as there are 2,000 committed customers. He suggested a discussion with Armstrong and Enstar. Gas drilling has been going on in the North Fork Unit for some time. A second well has been drilled, and although there has been no public announcement, it is thought to be a successful field. Armstrong is to build an eight-mile gas line to Anchor Point and Enstar would bring it to Homer. Should Armstrong decide to build, Alaska Gas Inducement Authority said they could help with financing and contracting. Locally in Nikiski there is a huge LNG (Liquid Natural Gas) plant. Many businesses along the Talkeetna to Fairbanks route run on natural gas and get LNG. If Homer is interested in a stable source of energy we will meet with Enstar, Armstrong and Conocco Phillips. With LNG, cryogenic bottles could go to Seldovia, Nanwalek and Port Graham. We have been looking at gas as a stable source of energy for a long time.  

 

 

 

 

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH    REPORT/COMMISSION REPORTS

 

A.                Point of View by Nancy Lord, Library Advisory Board, “Survey being used to help       plan future services at Homer library.”

 

Michael Hawfield, Library Advisory Board Chair, complimented Nancy Lord on the Point of View she wrote. He thanked Public Works for getting the painting hung in the library. He thanked Deputy City Clerk Krause for her help with the survey summary. The community is pleased with the library. In the survey there are lots of suggestions, but few complaints. Suggestions are to extend the hours of operation, additions to the collections and technological improvements. Comments included landscaping, parking, signage, drainage, and snow removal. He thanked everyone that applied to the survey.

 

B.         Canvass Board Report, Jo Johnson, City Clerk

 

City Clerk Johnson reported the Canvass Board met on October 10th with the following final figures:

Mayor: Mike Heimbuch 457 votes, 39%; James Hornaday 630 votes, 53%; Write-in 92, 8%.

City Council 3-year term: Barbara Howard 780 votes, 66%; David Lewis 640 votes, 53%, Write-in 49, 4%.

City Council 2-year term: Bryan Zak 757 votes, 63%; Write-in 91 votes, 8%.

1,058 regular voters, 136 absentee voters, 10 special needs voters, 2 questioned voters for a total of 1,206 voters. Total registered voters are 4,270. Turnout was 28%.

 

PUBLIC HEARING(S)

 

A.       Ordinance 08-34, An Ordinance of the City Council of Homer, Alaska, Appropriating             Six Hundred Thousand Dollars ($600,000) from the General Fund Reserves and       Transferring Those Funds to the Permanent Fund. Wythe. Introduction July 28, 2008,       Public Hearing October 13, 2008 and Second Reading October 27, 2008.      

 

Leonard Wells, city resident, urged Council not to transfer money to the Permanent Fund as written. The Permanent Fund is supposed to be for unexpected revenues. The funds would be better used to fund depreciation or pay down loans. It would not be as objectionable if other funds become available to set up a fund. The money should be sent back to the taxpayers.

 

B.         Ordinance 08-35(A), An Ordinance of the City Council of Homer, Alaska,      Appropriating   Five Hundred Thousand Dollars ($500,000) from the General Fund    Reserves for the Purpose of Reducing Water and Sewer Bills for the Purposes of      Reducing Water and Sewer Bills on a Temporary Basis. Mayor. Introduction July 28,    2008, Public Hearing and Second Reading October 13, 2008.                     

 

Leonard Wells, city resident, urged Council to pass the Ordinance 08-35(A) as it gets the money back to the people it was over-collected from.

 

Rich Fetterhoff, encouraged strong consideration of the ordinance. The rate increase action last spring was devastating to a lot of businesses. He has owned the Pioneer Inn for the last 20 years, Rate increases last spring added a $2,000 tax on him. The enterprise system of running the water and sewer program is not working; it needs to be subsidized. Before giving money to other associations we have to get the basic functions working. Businesses are paying six to eight times what Kenai, Soldotna and Seward are paying.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-35(A) by reading of title only for second and final reading.

 

ROBERTS/SHADLE - MOVED TO ADOPT.

 

Councilmember Roberts called for a point of order. Telephonic participants could not be heard in Council Chambers, although they were heard by KBBI.

 

City Clerk Johnson commented there would still be a quorum in the absence of the two councilmembers.

 

Mayor Hornaday called for a at 7:42 p.m. and reconvened the meeting at 7:50 p.m.

 

Telephone connection was re-established with Councilmembers Novak and Shadle.

 

Councilmember Shadle has seconded the motion to adopt.

 

Councilmember Shadle asked to be more specific about temporary basis and to see how the plan would work. Council briefly discussed the budget issues and those without water who may be subsidizing the program.

 

NOVAK/SHADLE - MOVED TO POSTPONE TO THE SECOND MEETING IN NOVEMBER.

 

There was no discussion.

 

VOTE: YES. SHADLE, NOVAK

VOTE: NO. ROBERTS, WYTHE, HOWARD, HEIMBUCH   

 

Motion failed.

 

Councilmember Wythe noted there are 1,500 meters in the City, meaning less than half of the City’s residents enjoy water and sewer service. She has a hard time asking people who contribute through sales tax for the infrastructure build-out to further subsidize the program. The object of the enterprise fund is those that use the services pay and those that don’t use services are not unduly taxed.

 

Councilmember Heimbuch explained the users on the system are not responsible for rate increases. Water and sewer rates were raised last year and this year’s budget suggests a 27% water raise across the board for some large users. Water, sewer, and other services are disproportional within the city. If we don’t increase rates, money will have to be pulled from reserves or shortages reallocated through the general fund.

 

Councilmember Novak commented the ordinance and rate increase would cancel each other. It is likely the services will need subsidizing.

 

VOTE: YES. SHADLE, NOVAK

VOTE: NO. HEIMBUCH, ROBERTS, WYTHE, HOWARD

Councilmember Roberts called for a point of order if votes we cannot hear can be counted.

 

Mayor Hornaday ruled votes could be counted as they were heard on the radio.

 

Motion failed.

 

Councilmember Wythe called for a point of order to decide if we continue on with the phone session we cannot hear.

 

WYTHE/ROBERTS - MOVED TO DISCONNECT THE PHONE CONVERSATION BECAUSE WE HAVE NO WAY OF MAINTAINING IT IN A MANNER THAT ALLOWS BUSINESS TO CONDUCT.

 

Brief discussion ensued on councilmember’s ability to participate when they are inaudible within council chambers.  

 

ROBERTS/WYTHE – MOVED TO AMEND WHEN WE DISCONNECT THAT WE GIVE EXCUSED ABSENCES.

 

There was no discussion.

 

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

 

Motion carried.

 

Discussion ensued on disconnecting participants. Asked if the doctrine of necessity presides, City Attorney Klinkner replied that it does not help in this situation.

 

Councilmember Shadle objected.

 

Councilmembers Shadle and Novak were disconnected at 8:03 p.m.

 

VOTE: (motion as amended, four remaining councilmembers) YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

C.        Ordinance 08-46, An Ordinance of the City Council of Homer, Alaska, Amending the             FY 2008 Operating Budget by Authorizing the Transfer of $27,445 from the General           Fund to the Public Works Department for the Purchase of Caselle Software. City       Manager. Introduction September 22, 2008, Public Hearing and Second Reading October           13, 2008.                                                                                                        

 

            Memorandum 08-135 from Planning Technician as backup.                 

 

Ordinance 08-46(S), An Ordinance of the City Council of Homer, Alaska, Amending the FY 2008 Operating Budget by Authorizing the Transfer of $10,171.16 from the General Fund for the Purchase of Caselle Software. City Manager. Introduction September 22, 2008, Public Hearing and Second Reading October        13, 2008.                    

 

Leonard Wells, city resident, questioned the difference between Ordinance 46 and 46(S).

 

City Manager Wrede clarified the first ordinance had the wrong account numbers, with the remainder of the money found in existing budgets. Ordinance 08-46(S) provides for $10,171.16 of new money; $37,000 total cost.

 

Mayor Hornaday called for a motion to substitute Ordinance 08-46(S) for Ordinance 08-46.

 

WYTHE/ROBERTS – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-46(S) by reading of title only for second and final reading.

 

WYTHE/HOWARD – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

D.        Ordinance 08-47, An Ordinance of the City Council of Homer, Alaska, Accepting and Appropriating a Loan Increase in the Amount of $3 Million Dollars from the Alaska Department of Environmental Conservation (DEC) for Construction of the New Water Treatment Plant. City Manager. Introduction September 22, 2008, Public Hearing and Second Reading October 13, 2008.                                                          

 

There was no public testimony.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-47 by reading of title only for second and final reading.           

 

HEIMBUCH/WYTHE – SO MOVED.

 

City Manager Wrede stated Council authorized an $8M loan. The first $5M was applied for as part of Phase I. The agreement with the lending institution concerned how much money we would get from grants. It turns out there is a need for authorization to borrow the money.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

                       

ORDINANCE(S)

 

A.        Ordinance 08-48, An Ordinance of the City Council of Homer, Alaska, Accepting and            Appropriating a Department of Military and Veterans Affairs, Alaska Division of            Homeland Security and Emergency Management (DHS&EM) Grant, 2007-GE-H7-0025,          State Grant Number: 07PSIC-GR3403707, in the Amount of $135,618.00 for the Homer   Volunteer Fire Department (HVFD) Public Safety Interoperable Communications. City             Manager/Fire Chief.  Recommended Dates: Introduction October 13, 2008, Public       Hearing and Second Reading October 27, 2008.                                         

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-48 for introduction and first reading by reading of title only.

 

WYTHE/ROBERTS – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

 B.        Ordinance 08-49, An Ordinance Amending Homer City Code 9.04.046 to Exempt     Certain Property Used Exclusively for Community Purposes from Property Taxation.    Novak. Recommended Dates: Introduction       October 13, 2008, Public Hearing and          Second Reading October 27, 2008.                                                                 

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-49 for introduction and first reading by reading of title only.

 

WYTHE/ROBERTS – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

CITY MANAGER’S REPORT

 

A.                City Manager’s Report 

 

Items discussed were a lower deductible for Seawall insurance, a tour of the Water Treatment Plant and funding to implement the Climate Action Plan. Boiler issues at the West Elementary building, restrictions on what the property can be used for and property resale policies. The West Elementary property came from the federal government to the Borough, with a restriction on the deed to educational, public, or community services. City Manager Wrede was asked to report how the City could get around selling the property at less than the assessed value. Discussion ensued on destroying the building that is in disrepair. It was suggested state firefighters could use the site for a huge demonstration project. Asbestos is encapsulated in the building. As soon as the building is torn down there is an asbestos mitigation issue. The City would be far ahead if they could get rid of the building.

 

B.         Question of the Week                                                                                      

           

COMMITTEE REPORT

           

A.        Comprehensive Plan Community Advisory Committee

 

B.         Public Arts Committee

 

C.        Transportation Advisory Committee

 

D.        Permanent Fund Committee

 

E.         Lease Committee

 

PENDING BUSINESS

 

A.       Ordinance 08-12(S)(A-2), An Ordinance of the City Council of the City of Homer,      Alaska, Amending Homer City Code Title 21 (Zoning) Adding Chapter 21.56 to the         Homer City Code Creating the Scenic Gateway Overlay District to Further         Regulate Development Along the Sterling Highway from Rogers Loop on the     Baycrest Hill to the Intersection of   the Sterling Highway and Pioneer Avenue. City             Manager/Planning. Introduction March 10, 2008, Postponed to October 13, 2008.)                    

 

HEIMBUCH/WYTHE – MOVED TO ADOPT.

 

WYTHE/ROBERTS – MOVED TO AMEND TO CHAPTER 21.43 ON CLERK’S ADVISOR AUTHORITY TO RENUMBER SECTIONS.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Councilmember Heimbuch stated the ordinance is controversial and the new council should hear it.

 

HEIMBUCH/WYTHE – MOVED TO POSTPONE TO THE NEXT REGULARLY SCHEDULED MEETING.

 

Councilmember Wythe expressed support for the same four people to make the determination.

 

Both Councilmembers Novak and Shadle previously declared conflicts.

 

HEIMBUCH/WYTHE – MOVED TO WITHDRAW THE MOTION.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

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

 

Motion carried.

 

B.         Resolution 08-45(S), A Resolution of the City Council of Homer, Alaska, Awarding the          Contract for Preparing the 65% Final Design for the New City Hall/Town Square Plaza        to the Firm of    Jay-Brant General Contractors of Homer, Alaska in the Amount of            $63,465.00 and Authorizing the City Manager to Execute the Appropriate      Documents.      City Manager/Public Works. (Postponed from March 24, 2008.)

 

Mayor Hornaday called for a motion to postpone Resolution 08-45(S) indefinitely.

 

HEIMBUCH/ROBERTS – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.            

 

B.                 Resolution 08-46(S), A Resolution of the City Council of Homer, Alaska, Awarding the    Contract from Preparing the 65% Final Design for the New City Hall/Town Square           Plaza to the Firm of ECI/Hyer of Anchorage, Alaska in the Amount of $264,619.00 and Authorizing the City Manager to Execute the Appropriate Documents. City         Manager/Public Works. (Postponed from March 24, 2008.)    

 

Mayor Hornaday called for a    motion to postpone indefinitely.

           

WYTHE/HOWARD – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

D.        Resolution 08-103, A Resolution of the Homer City Council Exempting the Cottonwood                                 Horse Park from all City Property Tax Meeting the Criteria of Kenai Peninsula Borough                                    Code 5.12.100, Real Property Tax – Exemptions – Community Purpose Property –                                                                                           Conditions, Retroactive to January 1, 2008 and Authorizing the City Manager to Execute                                  Any and All Associated Documents. Novak.                                                    

Per City Attorney the resolution is neither necessary nor sufficient for the proposed tax exemption.

WYTHE/HOWARD – MOVED TO POSTPONE INDEFINITELY.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

            NEW BUSINESS

A.        Memorandum 08-136, from City Clerk, Re: Request for Executive Session Pursuant to           AS §44.62.310(C)(1, 2, 3 and 4), Matters, the Immediate Knowledge of Which Would     Clearly have an Adverse Effect Upon the Finances of the Government Unit;       Subjects that Tend to Prejudice the Reputation and Character of Any Person, Provided          the Person May Request a Public Discussion; Matters Which by Law, Municipal Charter,          or Ordinances are Required to be Confidential; and Confidential Records, Matters             Involving Consideration of Government Records, that by Law are Not Subject to Public    Disclosure. (Confidential Special Audit Report.)

 

Mayor Hornaday called for a motion for the approval of the recommendations of Memorandum 08-136.                                  

 

WYTHE - SO MOVED.

 

Motion failed for lack of a second.

 

B.         Memorandum 08-139, from City Clerk, Re: Travel Authorization for Mayor Hornaday            and Councilmembers           Lewis, Roberts and Zak Attendance     at Alaska Municipal League      58th Annual Local Government Conference in Ketchikan, Alaska, November 10-14,         2008.

 

Mayor Hornaday called for a motion     for the approval of the recommendations of Memorandum 08-139.                                                                                                      

 

WYTHE/HOWARD – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

 

C.                Memorandum 08-141, from City Clerk, Re: Deferred Assessment for Breckenridge,   Hillside Acres Water and Sewer Local Improvement District.

D.                 

Mayor Hornaday called for a motion for the approval of the recommendations of Memorandum 08-141.                      

 

HEIMBUCH/WYTHE - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Mayor Hornaday called for a recess at 8:29 p.m. and reconvened the meeting at 8:37 p.m.

 

D.        Bid Opening – Request for Proposals – Purchase City Property, Lot 2, Homer Public          Library No. 2. 

 

One bid was received. Paul and Melinda Taylor submitted a proposal to trade three lots immediately adjacent to Hickerson Memorial Cemetery for Lot 2 of Homer Public Library and a number of lots at Lillian Walli estates.

 

City Manager Wrede stated the bid does not surprise him. The City is running out of space quickly at the Hickerson Memorial Cemetery. He has been negotiating with Mr. Taylor to purchase the lots. The proposal is not consistent with the RFP, with no down payment included and does not comply with the minimum bid. Council may reject the bid or authorize him to negotiate a sale or trade per HCC 18.12.050.  

 

WYTHE/HOWARD – MOVED TO FIND THE BID FROM PAUL AND MELINDA TAYLOR NON RESPONSIVE, HOWEVER WOULD LIKE TO DIRECT STAFF TO BRING FORWARD A RECOMMENDATION FOR THE COUNCIL TO CONSIDER AT OUR MEETING ON OCTOBER 20TH FOR LOT TRADE.

 

Councilmember Wythe commented she is interested in finding out about the lots by the cemetery. Lillian Walli Estates properties are land-locked; you cannot get road access. Moving forward with discussion there would need to be a resolution where the City is paying down the loan on the new library. Councilmember Roberts echoed her concern with a trade.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

 

 

 

RESOLUTIONS

 

A.        Resolution 08-105, A Resolution of the City Council of Homer, Alaska, Requesting     Enstar to Establish if There is Sufficient Interest from Anchor Point and Homer        Residences and Business in Hooking up to a Natural Gas Line to Warrant            Developing       the Distribution System and that Enstar be Requested to Investigate a Joint        Venture for Supplying Barge           Delivered Compressed Natural Gas to the Other           Communities of House District 35.             Novak.

 

City Clerk Johnson stated Councilmember Novak previously expressed his intent to postpone until December 8, 2008. He had communication with Enstar who suggested the resolution be postponed until December or January.                         

 

WYTHE/ROBERTS – MOVED TO POSTPONE UNTIL DECEMBER 8, 2008.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Resolution 08-106, A Resolution of the Homer City Council Confirming the Assessment          Roll, Establishing Dates for Payment of Special Assessments and Establishing       Delinquency, Penalty and Interest Provisions for the Spruceview and West Noview Road     Reconstruction and Paving Assessment District. City Clerk.                              

 

            Memorandum 08-140 from Public Works Director as backup.             

            Memorandum 08-142 from Public Works Director as backup.             

            Memorandum 08-143 from Public Works Director as backup.

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-106 by reading of title only.

 

ROBERTS/HOWARD - SO MOVED.

 

ROBERTS/HOWARD - MOVED TO AMEND PAGE 322 TOP, THE NOW THEREFORE BE IT RESOLVED SHOULD SAY APRIL 1, 2009 AND THE FOURTH LINE IN THE NEXT PARAGRAPH SHOULD BE APRIL 1, 2009.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

ROBERTS/HOWARD – MOVED TO AMEND THE ASSESSMENT ROLL FOR THE PRATT MUSEUM PARCEL #175-101-22 SHOULD BE A DEFERRED ASSESSMENT, EDITH DAVIS PARCEL #175-133-30 SHOULD BE ELIGIBLE FOR A DEFERRED ASSESSMENT AND HANSON PARCEL #175-133-27 SHOULD BE A DEFERRED ASSESSMENT.

 

City Attorney Klinkner commented on HCC 17.04.160. When only one of two streets front the assessment, the section does not apply for deferral of assessment as it is not a property susceptible to being charged twice.

 

ROBERTS/HOWARD - MOVED TO WITHDRAW THE MOTION.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

ROBERTS/WYTHE – MOVED TO AMEND THE ASSESSMENT ROLL FOR PRATT MUSEUM PARCEL #175-101-22 TO BE A DEFERRED ASSESSMENT. 

 

City Attorney Klinkner advised one side of the museum parcel fronts on Spruceview, another fronts on W. Pioneer Avenue that is not a part of the district. Authorization for a deferral of assessment can only be done when two parts are being improved. Code does not authorize a deferral.

 

VOTE: NO. UNANIMOUS.

 

Motion failed.

 

ROBERTS/WYTHE - MOVED TO AMEND THE ASSESSMENT ROLL TO ALLOW MARVIN AND JUDY HANSON PARCEL #175-133-27 FOR DEFERRED ASSESSMENT.

 

City Attorney Klinkner advised the parcel as platted will not be adjacent to the approved street, thus the deferral would be appropriate.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

ROBERTS/WYTHE - MOVED TO AMEND THE ASSESSMENT ROLL FOR EDITH DAVIS, PARCEL #175-133-30 FOR A DEFERRED ASSESSMENT.

 

City Attorney Klinkner advised it is a corner lot on Spruceview and Bartlett. Bartlett is not being approved and is not eligible for a deferred assessment.

 

VOTE: NO. UNANIMOUS.

 

Motion failed.

 

Mrs. Davis is to be notified she may apply for a deferral under a different section.

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

 

Motion carried.

 

C.        Resolution 08-107, A Resolution of the City Council Certifying the Results of the City of Homer Regular Election held October 7, 2008 to Elect the Mayor and Three      Council Members. City Clerk.                                                             

 

            Resolution 08-107(S), A Resolution of the City Council Certifying the Results of the    City of Homer Regular City Election Held October 7, 2008 to Elect the Mayor and             Three Council Members. City Clerk/Canvass Board.

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-107(S) by reading of title only.

 

WYTHE/ROBERTS - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

D.        Resolution 08-108, A Resolution of the Homer City Council Adopting the 2009-2014             Capital Improvement Plan and Establishing Capital Project Legislative Priorities for        Fiscal Year 2010. Mayor/City Council.                                                

            Memorandum 08-138 from Special Projects Coordinator as backup.

Mayor Hornaday called for a    motion for the adoption of Resolution 08-108 by reading of title only.

WYTHE/ROBERTS – SO MOVED TO ADOPT.

 

Councilmember Howard stated her conflict of interest with the hospital and excused herself.

 

City Attorney Klinkner confirmed Mrs. Howard’s service on the hospital board. If a project is added or deleted she should recuse from discussion on the project. There is no doctrine of necessity to continue business on Resolution 08-108.

 

WYTHE/ROBERTS – MOVED TO POSTPONE TO A SPECIAL MEETING ON OCT 20TH.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

E.         Resolution 08-109, A Resolution of the Homer City Council in Support of a Full Time             Adult Probation Officer in Homer. Howard.                                                      

 

            Resolution 08-109(S), A Resolution of the Homer City Council Expressing Support for a        Full Time Adult Probation Officer in Homer and Requesting Funding for that Position in the FY 2010 Department of Corrections Operating Budget. Howard.

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-109(S) by reading of title only.

 

HOWARD/ROBERTS – SO MOVED.

 

Brief discussion ensued on the legislative request for a probation officer in Homer.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

E.                 Resolution 08-110, A Resolution of the City Council of Homer, Alaska, Authorizing an            Application for Funding to the Alaska Energy Authority’s Renewable Energy Grant       Program for a Preconstruction Grant to Assess the Feasibility of Generating Power from            Kachemak Bay Tidal Currents. City Manager.

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-110 by reading of title only.                                          

 

WYTHE/ROBERTS - SO MOVED.

 

Councilmember Wythe stated her employment with Homer Electric as the sole provider of utilities. She asked if it was a conflict of interest.

 

City Attorney Klinkner advised Councilmember Wythe had no conflict of interest.

 

There was no additional discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

COMMENTS OF THE AUDIENCE

 

Leonard Wells, city resident, asked that Council consider the first comments of the public be moved to visitor, so they are separated. The audience would realize that is where they make speak. He differs with the councilmember who said 1,500 folks benefit from city water. There are 99% of 5,000 people that benefit from the system. You get water somehow unless you have a roof drainage system. Maybe all rates should be increased significantly. He commented on the request for executive session, asking that the subject be included. He asked about DOT talks with the City about Main Street, as mentioned at the last meeting. On deferment of property taxes, he doesn’t know why the Pratt would not be allowed deferment. It means the rest of the property owners have to take up what they should be paying for.

 

COMMENTS OF THE CITY ATTORNEY

 

City Attorney Klinkner expressed his pleasure to be back in Homer. Attorney Holly Souzo provided a training session with the Planning Commission. They would be happy to share the training materials with the Council. There are three cases in litigation at the Superior Court level. All cases involve Frank Griswold, two standings to appeal to Board of Adjustment records and one for a records request. The three cases are expected to be closed at the end of November.

 

COMMENTS OF THE CITY CLERK

 

City Clerk Johnson had no comment.

 

COMMENTS OF THE CITY MANAGER

 

City Manager Wrede commented on the Department of Transportation follow-up in the Manager’s Report. In discussions with DOT they talked about the Council’s desire that a traffic light be placed at the Main Street and Sterling Highway intersection. DOT will provide figures for the light and a roundabout. He encouraged Council to keep DOT projects in the Capital Improvement Plan as it is one of the few ways for them to get money from the legislature.

 

COMMENTS OF THE MAYOR

 

Mayor Hornaday said he has been discussing capital projects with Walt Wrede and Anne Marie Holen. In the next two years there are very large capital projects. We tend to ask for small State amounts; he would recommend increased State lending as it is more possible than Federal funding.

 

COMMENTS OF THE CITY COUNCIL

 

Councilmember Wythe commented on Mr. Wells comments about water and sewer usage by people who are not on the system. There are a lot of citizens with wells and septic systems who should not be asked for tax dollars to supplement the system. They are asked to pay for their own system and would be asked to pay for one they don’t benefit from. She appreciates the attorney here as there is immediate feedback on questions.

 

Councilmember Howard congratulated the Clerk’s office for making the election a non-eventful event. She praised Finance Director Harville’s budget document as a piece of artwork as it is well formatted and easy to read. She requested excusal from the October 27th meeting and telephonic participation for the November 10th meeting. She said goodbye to her good friend Mike Heimbuch and thanked him for his service.

 

Councilmember Heimbuch thanked everyone for a fun three years with amazing diversity. He thanked the voters for overwhelmingly passing a seasonal tax adjustment, although we will pay the price for it.

 

Councilmember Roberts responded to Mr. Wells regarding deferred tax assessments to certain people, the deferrals were for road reconstruction and paving districts instead of tax assessments. She is glad to see Martha Madsen from the Sister City and enjoyed hearing the updates.

 

ADJOURNMENT

 

There being no further business to come before the Council the meeting was adjourned at 9:17 p.m. by Mayor James C. Hornaday. The next Regular Meeting is scheduled for Monday, October 27, 2008 at 7:00 p.m. The next Committee of the Whole is scheduled for Monday, October 27, 2008 at 4:00 p.m. A Special Meeting is scheduled for Monday, October 20, 2008 at 7:00 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: _____________________