Session 07-27 a Regular
Meeting of the Homer City Council was called to order at
PRESENT: COUNCILMEMBERS: CHESLEY,
HEIMBUCH, NOVAK, ROBERTS, SHADLE,
WYTHE
STAFF:
PUBLIC
WORKS DIRECTOR MEYER
Department Heads may be called upon from time to time to participate
via teleconference.
Council met as a Committee of the Whole from
Council conducted a Worksession from
AGENDA APPROVAL
(Addition of items to or removing items from the agenda will be by
unanimous consent of the Council.
The agenda was approved by consensus of the Council.
PUBLIC COMMENTS UPON MATTERS
ALREADY ON THE AGENDA
Public may comment on any item on the agenda with the exception of: Ordinance
07-35(A), Amending the Code of Ethics; Ordinance 07-37, Dangerous Structures
and Abatement of Public Nuisances; Ordinances 07-38, 07-39 and 07-40, Accepting
and Appropriating Alaska Department of Commerce, Community, and Economic
Development Grants for the Spit Trail Completion, Senior Access Trail and Kachemak Bay Research Reserve Education Project.
John Lemons, city resident and member of the Global Warming Task Force,
requested a staff position in the budget. There is an urgent need to take
action to mitigate and adapt to global climate change. There are moral
implications and responsibilities. The GWTF believes the position will pay for itself
in energy savings.
Frank Griswold, city resident, referenced the City Manager’s report
recommending amendments to the Comprehensive Plan. The City does not have the
authority to update or rewrite the plan; per AS 29.40.010 the Kenai Peninsula
Borough provides for planning and platting on an area wide basis. AS 29.40.030
states the KPB Assembly, after receiving recommendations of the KPB Planning
Commission, review and update the plan as necessary. KPB Assembly did not
update the Homer plan when it updated the KPB Comprehensive Plan in 2005. AS 29.40.020
mandates the KPB Planning Commission, rather than an ad hoc committee shall
submit a proposed plan to the KPB Assembly in accordance with AS 29.40.030 and
implement the plan including measures in AS 29.40.040. It is the duty of the KPB
Planning Commission to prepare a plan. The City does not have the right to
implement the
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.
B. Ordinance 07-42, Of the City Council of Homer, Alaska Appropriating
Funds for the Calendar Year 2008 for the
General Fund, the Water-Sewer Fund, the Port/Harbor Fund, Debt Funds, Capital Reserve Funds (Conditional
Expenditures). (Recommend First Reading
Resolution 07-Draft, Of the City Council of Homer,
C. Resolution 07-99, Of the City Council of Homer, Alaska Authorizing
the City Administration to Apply for a
2008 Code Blue Grant and Pledging that the City will Provide a Local Cash Match in the Amount of Twenty
Percent if the Grant is Awarded. City Manager. Recommend adoption.
ROBERTS/WYTHE – MOVED FOR THE ADOPTION OF THE RECOMMENDATIONS OF THE
CONSENT AGENDA AS READ.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS
CONSENT.
Motion carried.
VISITORS
A.
Mayor Pro Tempore Novak acknowledged the Government students in the
audience.
Wyatt Rehder, Homer High School Government
student, presented an idea for a new alternative to waste management – plasma
conversion. New technology includes an electrode within a chamber with a giant
plasma cover. It operates at 30,000 degrees, breaking apart molecular products
with no pollution. The computer
controlled unit has a $10M initial cost for a 30 ton per day capacity and
requires 20,000 to 80,000 kilowatts to run. It will be able to produce energy
with the byproducts that come off of it.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH
REPORT/COMMISSION REPORTS
A. Mayor’s Proclamation –
“Health for Life” Day
Mayor Pro Tempore Novak read the proclamation.
B. Thank you Letters to
Mayor Hornaday from United States Senate
C. Heather Beggs,
Heather Beggs, Director of the
PUBLIC HEARING(S)
A. Ordinance 07-35(A), Of the City Council of Homer,
Frank Griswold, city resident, commented the City opted out of APOC
financial disclosures
Leonard Wells, city resident, commented APOC should be left out until
city residents vote to require it. He found the set of forms objectionable as
they required information on his relatives. He would never give financial disclosure
of a child, parent or spouse. It is heavy-handed in his mind.
Mayor Pro Tempore Novak called for a motion for the adoption of
Ordinance 07-35(A) by reading of title only for second and final reading.
WYTHE/ROBERTS - SO MOVED.
City Attorney Tans provided a legal review of the ordinance. AS 39.50 does not specifically pertain to municipalities; exclusion
is optional.
WYTHE/HEIMBUCH - MOVED TO AMEND TO LEAVE ITEM B 1.18.100 IN ITS
EXISTING STATE.
The amendment would remove all disclosures.
VOTE: (amendment) YES. NOVAK, HEIMBUCH, ROBERTS, WYTHE, SHADLE, CHESLEY
Motion carried.
WYTHE/ROBERTS – MOVED TO AMEND TO INCLUDE 1.18.043 WITH THE CONTENT OF
THE CORRECTION HERE IN GORDON’S RECOMMENDATION:
1.18.043 Public Disclosure. a. Each city official must annually file a conflict of interest disclosure using forms substantially the same as the following selected schedules from the Alaska Public Offices Commission Public Official Financial Disclosure Statement: Schedules B (business interests), C (real property interests / rent to own), E (the portion relating to natural resource leases only), F (government contracts and leases) and G (close economic associations). The city clerk shall provide the forms to each city official. The city clerk may make such alterations to the forms as may be necessary to make them applicable to the city and city officials.
b. The annual disclosures must be filed by
March 15 each year. A newly appointed official must file a disclosure
within 30 days of taking office. Each candidate for elected city office
must file a disclosure at the time he or she files a declaration of candidacy,
except an incumbent seeking reelection with a current disclosure on file.
Refusal or failure of a candidate to file the required disclosure before the
end of the time period for filing declarations of candidacy shall require that
the candidate's declaration of candidacy be rejected and the candidate
disqualified.
c. The disclosures must be true, correct
and complete and shall be signed under oath or affirmation, or certified to be
true under penalty of perjury.
d. The disclosures shall be filed with the
city clerk and shall be open to public inspection and copying at the office of
the city clerk. The disclosures will not be sent to the Alaska Public
Offices Commission.
VOTE: (amendment) YES. CHESLEY, NOVAK, HEIMBUCH, ROBERTS, WYTHE, SHADLE
WYTHE/ROBERTS - MOVED TO CHANGE UNDER SECTION B: DATE FROM MARCH 15 TO
NOVEMBER 1 OF EACH YEAR.
The date amendment would make the filing date consistent with the
election cycle.
VOTE: (amendment) YES. SHADLE, CHESLEY, NOVAK, HEIMBUCH, ROBERTS, WYTHE
Motion carried.
HEIMBUCH/SHADLE - MOVED FOR A REDUCTION OF THE MAXIMUM FINE FOR FAIL TO
APPEAR DOWN TO $300.
The level of fines was discussed, noting a significant fine is tied to
a criminal misdemeanor charge. If elevated to a court, the fine will be aligned
with State Statutes.
The $1,000 fine discourages a person from failing to appear. It is a substantial
cost to the City for putting an ethics hearing together; $1,000 does not even
cover the cost. It was suggested both Lines 88 and 129 be reduced to $300.00
Asked if the City Attorney would need to review the ordinance prior to
enactment, City Manager Wrede answered if asking what court cases may have an
impact, yes he should weigh in. It is a policy call if Council decides to set
the fine at a different amount. Attorney Tans reviewed the ordinance and did
not comment on the fine amount.
It was noted the fine is up to $1,000, and it is a policy call. The
amount is not out of line when considering the costs. It was argued the amount
is not coupled to a rigorous amount of standards.
HEIMBUCH/ROBERTS – CALL FOR THE QUESTION.
City Clerk Johnson read the amendment.
CHESLEY – POINT OF ORDER. Vote is on the question, not the amendment.
VOTE: (question) YES. ROBERTS, WYTHE, SHADLE, CHESLEY, NOVAK, HEIMBUCH
Motion carried.
VOTE: (amendment) YES. SHADLE, HEIMBUCH
VOTE: NO. WYTHE, CHESLEY, NOVAK, ROBERTS
Motion failed.
Councilmember Chesley stated he conferred
with City Attorney Tans on the rules of evidence and received language that
would make the rules more clear.
CHESLEY/HEIMBUCH - MOVED THAT THE FOLLOWING REWRITE OF LINES 66
There was no discussion.
VOTE: YES. HEIMBUCH, ROBERTS, WYTHE, CHESLEY, NOVAK
VOTE: NO. SHADLE
Motion carried.
Councilmember Shadle noted the flaws in the ordinance: misspelled words
include council member, as it should be one word. The word “serious” is used;
whose interpretation is serious? It is argumentative and there are two many
flaws. If you hire a high powered attorney and they tell you not to waste your
time and go to the hearing, you should listen to him.
VOTE: (main motion as amended) YES. HEIMBUCH, ROBERTS, WYTHE, CHESLEY,
NOVAK
VOTE: NO. SHADLE
Motion carried.
B. Ordinance 07-37, Of the City Council of Homer,
Amy Bollenbach, city resident, lives on
Leonard Wells, city resident, referenced Line 44, stating it does not
say if anyone is allowed on the property. It is harmed due to mental dysfunction
or a functioning attitude. It would be physical damage if they were there; they
have no right to be there. He commented the ordinance includes things that are
aesthetic, it makes you comply with someone else’s belief of what looks good
and what doesn’t.
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
There was no public testimony.
WYTHE/SHADLE -
MOVED FOR THE ADOPTION OF ORDINANCE 07-38 BY
There was no discussion.
VOTE: YES. NOVAK, HEIMBUCH, ROBERTS, WYTHE, SHADLE, CHESLEY
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
There was no public testimony.
Mayor Pro Tempore Novak called for a motion for the adoption of
Ordinance 07-39 by reading of title only for second and final reading.
WYTHE/SHADLE – SO MOVED.
There was no discussion.
VOTE: YES. CHESLEY, NOVAK,
HEIMBUCH, ROBERTS, WYTHE, SHADLE
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
There was no public testimony.
Mayor Pro Tempore Novak called for a motion for the adoption of Ordinance
07-40 by reading of title only for second and final reading.
WYTHE/ROBERTS – SO MOVED.
There was no discussion.
VOTE: YES. SHADLE, CHESLEY, NOVAK, HEIMBUCH, ROBERTS, WYTHE
Motion carried.
ORDINANCE(S)
A. Ordinance 07-41, Of the City Council of Homer, Alaska
Amending the FY 2007 Operating
Budget by Approving and Appropriating a Capital Project Grant in an Amount not to Exceed $25,000.00 to the Pratt Museum
for the Purpose of Decommissioning its Underground
Fuel Tank and Installing a New Tank Above Ground. Wythe. Recommend Introduction
WYTHE/ROBERTS - MOVED FOR THE INTRODUCTION
WYTHE/ROBERTS – MOVED TO AMEND ON
The fuel tank may cost in excess of $25,000 and it is a liability of
the
NOVAK/ - MOVED TO AMEND TO SAY THE
Motion died for lack of a second.
City Manager Wrede suggested changing the grant from reimbursable to an
outright grant. Without the City having oversight of the project, a
reimbursable grant is not needed.
Public Works Department is to maintain current City facilities rather
than take on construction projects. The City should not assume legal liability by
advising the
HEIMBUCH/SHADLE – CALL FOR THE QUESTION.
VOTE: (question) YES. ROBERTS, WYTHE, SHADLE, CHESLEY, NOVAK, HEIMBUCH
Motion carried.
VOTE: (amendment) YES. WYTHE, SHADLE, CHESLEY, NOVAK, HEIMBUCH, ROBERTS
Motion carried.
WYTHE/ROBERTS - MOVED FOR FURTHER AMENDMENT TO SECTION 2 BY REMOVING
THE WORD “REIMBURSABLE”.
There was no discussion.
VOTE: (amendment) YES. HEIMBUCH, ROBERTS, WYTHE, SHADLE, CHESLEY, NOVAK
Motion carried.
VOTE: (main motion as amended) YES. NOVAK, HEIMBUCH, ROBERTS, WYTHE,
SHADLE, CHESLEY
Motion carried.
B. Ordinance 07-43, Of the City Council of Homer, Alaska
Accepting and Appropriating an
Alaska Division of Homeland Security and Emergency Management (DHS&EM) Grant in an Amount not to Exceed
$35,000.00 for the Purpose of ALMR (Alaska Land Mobile Radio) Compatible Radio Equipment Upgrades. City Manager. Recommend Introduction
Mayor Pro Tempore Novak called for a motion for the introduction and
first reading of Ordinance 07-43 by reading of title only.
WYTHE/ROBERTS - SO MOVED.
City Manager Wrede stated the grant will include radios for the Fire
Department. A substitute ordinance will be introduced at the November 13th
meeting.
VOTE: YES. CHESLEY, NOVAK, HEIMBUCH, ROBERTS, WYTHE, SHADLE
Motion carried.
C. Ordinance 07-44, Of the City Council of Homer, Alaska Accepting
and Appropriating an Alaskan
Division of Homeland Security and Emergency Management (DHS&EM) Grant in an Amount not to Exceed
$5,000.00 for the Purpose of a State Managed Security Vulnerability Assessment (SVA). City
Manager. Recommend Introduction
Mayor Pro Tempore Novak called for a motion for the introduction and
first reading of Ordinance 07-44 by reading of title only.
WYTHE/ROBERTS – SO MOVED.
There was no discussion.
VOTE: YES. SHADLE, CHESLEY, NOVAK, HEIMBUCH, ROBERTS, WYTHE
Motion carried.
D. Ordinance 07-45, Of the City Council of Homer,
Mayor Pro Tempore Novak called for a motion for the introduction and
first reading of Ordinance 07-45 by reading of title only.
WYTHE/ROBERTS – SO MOVED.
Councilmember Heimbuch questioned the quorum vote requirement when only
four councilmembers may be present. He commented the
language is unwieldy and extremely subjective. If a Councilmember is away and
rearranges his whole day to participate in the evening council meeting somebody
then decides if you can participate. There are exceptions on Lines 103 and 104
that water down the ordinance.
Councilmember Chesley noted the computer
based remote communication now available through the internet. With a broad
range of technology a definition is needed to include all forms of
teleconferencing.
CHESLEY/HEIMBUCH - MOVED TO AMEND
Discussion ensued as to the placement of the code amendment in the
ordinance. It was decided Administration will determine where the amendment
will fit in the ordinance.
VOTE: (amendment) YES. ROBERTS, WYTHE, SHADLE, CHESLEY, NOVAK, HEIMBUCH
Motion carried.
VOTE: (main motion as amended) YES. WYTHE, SHADLE, CHESLEY, NOVAK,
ROBERTS
VOTE: NO. HEIMBUCH
Motion carried.
A. City Manager’s
Report
1. Spruceview LID: The Spruceview Ave. LID is complete . The bridge was paved this week. We are very
pleased with the way it turned out and we hope neighborhood landowners are as
well.
2. Douglas St. LID: The road rehabilitation and
paving project at
3. Seawall Update: The property owners behind
the wall want to make some routine maintenance repairs in October before we get
to the worst of the fall storm season. The property owners have developed a
list of necessary maintenance activities and have discussed them with Carey.
They have solicited a bid from a local contractor. The work would be limited to
placing some additional boards at the base of the wall to prevent scouring and
placing some additional fill behind the wall to deal with some settling and
erosion issues. The total cost for the work is estimated to be around $17,000.
If the cost was split between the landowners based upon linear footage along
the wall, the City’s share is estimated to be around $3,430.77. This includes
two lots and several sections of
4. New Water Treatment Plant: This project
received a setback last week when the City learned that the property owner was
having reservations about the land trade purchase agreement the Council
approved several meetings ago. We are in the process now of making a cash offer
for the property.
5. Old Library
6. New Courthouse: As you know, this item has
been moved to the November 13 Council meeting. A public hearing will be
scheduled as well. I contacted the Court representatives this week and let them
know that the Council was interested in seeing a new courthouse built in the
general town center area but that it was still discussing whether to
participate directly in the project.
7. RFP’s /
8. Fire Department / Engine 4: At the last meeting,
the Council had a discussion about purchasing a new replacement for Engine 4
with cash provided by 2007 Revenue Sharing money and replacing Engine 4 on the
CIP List with a ladder truck. Council took the first step by adding the ladder
truck to the CIP List. As you know, an RFP for design and construction of a new
engine is circulating now. I plan to wait a little longer until we receive some
proposals before drafting the budget amendment ordinance.
9. Library Hours of Operation: The Library
Director has received requests to keep the library open for more hours in the
evening. There is no shortage of programs or user groups that would fill that
extra time. Volunteers have offered to be present during these hours. However,
to date, we have resisted this because we do not have enough staff to cover the
extra hours. We feel strongly that there should be at least one paid staff
member in the library during all hours that it is open to the public. The
overtime budget is limited and even if we had the money, using staff for
expanded hours would leave the library short during the daytime. Although the
City is very fortunate to have such a great group of volunteers at the library,
we do not feel we can responsibility leave this facility open without City
employees present. Let me know if you would like to discuss this topic in more
detail.
10. Planning Efforts. I think it is important to
acknowledge the community, all of the community volunteers, the Planning
Commission, the planning staff, the public works staff, and the staff in the
Clerk’s office and Manager’s office for all of the dedication and hard work
they have provided over the last year. As you all know, Homer is changing
rapidly and the attitudes local residents have about community planning and
what they want Homer to be have changed a little also.
Expectations have never been higher regarding code enforcement and the
technical expertise required of staff. This town has a lot going on in the
community planning area. It is truly amazing that the City is trying to update
the Comprehensive Plan, Implement the Town Center Plan, implement the
Non-Motorized Transportation Plan and Transportation Plan, re-write Title 21,
draft steep slope and gateway overlay ordinances, revise our road standards,
draft a climate action plan, construct major projects like City Hall/ Town
Plaza, the water treatment plant, and the deep water dock expansion; all
concurrently. The City is fortunate to have so many community volunteers,
activists and dedicated staff members.
11. Spit Parking Lot Expansion: Still slow going
on this one. We are still waiting for the necessary permits from DOT/PF. It is
looking less likely that any work will get done this fall but it is still
possible. Filling activities are still possible but paving will definitely have
to wait until spring.
12. City Hall / Town Plaza / Preconstruction
Activities; We expect to have a Preconstruction Activities Agreement and
project budget in front of the Council for consideration at the October 22
meeting. The new City Hall / Town Plaza Review
Committee had its first meeting with the design team on September 26. The
second meeting of the Committee is scheduled for
13.
14.
Public comments on the Comprehensive Plan are due by November 15th.
Draft copies are available and the plan can be accessed at http://planning.ci.homer.ak.us/PLANNINGWEBPAGES/DefaultLinks/Complan99.pdf.
Extended hours of operation for the Library were discussed; staff
shortage prevents the library from remaining open for more hours. Review of
Spit leases by the Council was suggested. The Planning Commission approved the
preliminary plat for the old library without a pedestrian easement and with a
drainage easement on the lower lot. Neighboring owners are to be consulted on
the parking easement prior to putting the building up for sale. Discussions
with Seawall property owners regarding maintenance on the wall is difficult as
the owners have no entity to talk with. The whole group needs to be onboard to
find a way to work out an agreement. If property owners agree it is their wall
and their maintenance, the City as a property owner will pay a proportionate
share of the maintenance cost.
Mayor Pro Tempore Novak called for a recess at
B. Question of the Week –
Did you know that absentee voting starts on Monday for the
COMMITTEE REPORT
A. Comprehensive Plan
Community Advisory Committee
B. Global Warming Task
Force
(
Alan Parks, GWTF Chair, reported the task force is doing good work. He
is requesting a city staff position be funded. Mr. Parks provided statistics on
other communities throughout the United States that are realizing cost savings
through energy conservation.
C. Public Arts Committee
(
D. Transportation Advisory
Committee
(
E. City Hall -
(
F.
Permanent
Fund Committee
(
PENDING BUSINESS
A. Ordinance 07-36(S)(A), 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
Ordinance 07-36(S)(A)(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 Term in Office Except During the Last
Year of the Official’s Term of Office or when a City Council Member is Running for Mayor. Novak.
HEIMBUCH/CHESLEY - MOVED TO SUBSTITUTE ORDINANCE 07-36(S)(A)(S).
There was no discussion.
VOTE: YES. HEIMBUCH, ROBERTS, WYTHE, SHADLE, CHESLEY, NOVAK
Motion carried.
Mayor Pro Tempore Novak called for a motion for the adoption of
Ordinance 07-36(S)(A)(S) by reading of title only for
second and final reading.
WYTHE/ROBERTS – SO MOVED.
SHADLE - Councilmember Shadle read laydown
information: The City Code was amended to provide for newly annexed citizens to
be eligible to run for office:
The main reasons given for the early resignations were: 1) To provide
for the newly annexed Homer Citizenry (electorate addition) the voting power of
choosing their Council representatives, and 2) To provide for the newly annexed
Homer Citizenry, meeting the qualifications, to declare candidacy for a 1 year,
or a two year or a three year term. Since the Mayor’s term
was also up this also provided an additional opportunity.
Several if the
As stated in my
Therefore, I suggest an amendment to
a. Annexation, as provided in
b. Approved by Resolution of the City Council in such manner as to meet
the candidacy declaration and public notice requirements/criteria of
Asked if this was a motion, Councilmember Shadle confirmed it was.
Motion died for lack of a second.
HEIMBUCH/ROBERTS - MOVED TO AMEND ON
Councilmember Heimbuch commented the time and effort it takes to
publish the notice of election necessitates the language.
Discussion ensued on resignation of a seat prior to its expiration with
the intention of running for another seat. A person two years in his term
should be able to exercise the option of resigning to run against another
candidate. Mayor Pro Tempore Novak voiced the importance of a person making a
commitment and fulfilling it. Concerns discussed two weeks ago included an
individual resigning too late to add the open position on the ballot. The
Council would have to appoint a member to replace the open seat. If the
resignation was given in adequate advance the concern would be alleviated.
Councilmember Shadle voiced his opposition to the ordinance, stating
who cares if someone wants to run. It is not a big deal,
they are giving up their seat and are taking a chance to run again.
CHESLEY/ROBERTS – CALLED FOR THE QUESTION.
VOTE: (question) YES. HEIMBUCH, WYTHE, ROBERTS, CHESLEY, NOVAK
VOTE: NO. SHADLE
Motion carried.
VOTE: (amendment) YES. SHADLE, HEIMBUCH
VOTE: NO. ROBERTS, WYTHE, CHESLEY, NOVAK
Motion failed.
Discussion ensued on resigning prior to a term of office. A person
could not run again until the last year of their term of office. If you resigned
in the last year of office you could run in the next election.
VOTE: (main motion) YES. NOVAK, HEIMBUCH, ROBERTS, WYTHE, CHESLEY
VOTE: NO. SHADLE
Motion carried.
A. Memorandum 07-167, From City Clerk, Re: Selection of Date
for Training. Recommend approval.
WYTHE/HEIMBUCH – MOVED TO SCHEDULE THIS TRAINING FOR SATURDAY, DECEMBER
1ST.
City Clerk Johnson noted the Planning Commission had no objections to
either date for training.
VOTE: YES. CHESLEY, NOVAK, HEIMBUCH, ROBERTS, WYTHE, SHADLE
Motion carried.
RESOLUTIONS
A. Resolution 07-100, Of the City Council of Homer, Alaska
Authorizing City Administration to
Issue a Request for Proposals (RFP) for Permanent Fund Investment Services. City Manager.
Recommend adoption.
Mayor Pro Tempore Novak called for a motion for the adoption of Resolution
07-100 by reading of title only.
WYTHE/ROBERTS – SO MOVED.
The Permanent Fund Committee has met several times in the last month to
establish a fund in preparation of an early distribution of funds from Exxon
Valdez. The intent is to have a fund established for the funds to be placed in
immediately. Costs will not incur with an investment company until funds are
invested.
City Manager Wrede stated Mayor Hornaday asked to look at two investment
advisors; an independent third party would advise Administration and Council. Reports
should be viewed by a qualified analyst.
VOTE: YES. SHADLE, CHESLEY, NOVAK, HEIMBUCH, ROBERTS, WYTHE
Motion carried.
B. Resolution 07-101, Of the City Council of Homer, Alaska Awarding
the Contract for Preparing the 10%
Conceptual Design for the New City Hall/Town Square Plaza to the Firm of ECI/Hyer
of Anchorage, Alaska in the Amount of $101,980.00 and Authorizing the City Manager to Execute the
Appropriate Documents. City Clerk. Recommend adoption.
Memorandum 07-169 From
Public Works Director thru City Manager as backup.
Councilmember Chesley disclosed that he
worked on a short-term project for Jay-Brant General Contractors from November
2006 to January 2007 on the proposed Seldovia High
Speed Ferry. Mr. Chesley has no expectations for
future employment by Jay-Brant General Contractors and the award of the
contract for conceptual design will not affect his financial interest. He noted
the disclosure related to Resolutions 07-101, 07-102 and 07-103.
Mayor Pro Tempore Novak ruled Councilmember Chesley
had no conflict.
Councilmember Shadle remarked that Mayor Hornaday always asks the
person if he thinks he can be unbiased.
Asked if he could remain unbiased, Councilmember Chesley
responded affirmatively.
WYTHE/HEIMBUCH - MOVED FOR THE ADOPTION OF RESOLUTION 07-101 BY
Councilmember Heimbuch expressed his concern of expenditures totalling $200,000 in the three resolutions. With no
funding mechanism it is a significant amount of money without voter approval. He
noted 20 years ago $180,000 was spent on preliminary design for the library and
the plans were shelved. He has received feedback from people that are
supportive of
WYTHE/ROBERTS – MOVED TO AMEND IN THE 5TH WHEREAS CLAUSE TO
STRIKE HOMER
ECI/Hyer is located in
VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Councilmember Shadle expressed his support for the
Councilmember Roberts stated Council approved the GC/CM method of
setting up the
City Manager Wrede explained we need to do this to go to the public and
explain the project. The 10% conceptual design extends through December. We
need to talk intelligently to the public so they can make an informed decision.
We need to tell them where the building and plaza will go with a real budget.
The public will then have enough information to make an informed decision if we
ask to borrow money. If we don’t have the information for the public, we are
left to send the $2M back to the Legislature and tell the college we can no
longer provide the building for them.
Councilmember Chesley asked Councilmembers
Shadle and Heimbuch to reconsider their lack of support for the project. The
GC/CM method brings in the design teams sooner to begin value engineering. This
phase will bring horsepower forward to define and possibly reduce preliminary cost
estimates from $400 per sq. ft. to as low as $275 per sq. ft.; without it we
may prematurely shoot down the project.
Councilmember Wythe defended that Council toured City facilities and it
is time to move forward on the project. The facilities employees are working in
are substandard and are not providing the community with services required in an
efficient manner. Council is going to be committed to moving forward to ensure an
adequate place for employees to work. The
Councilmember Shadle sympathized with both Councilmembers Chesley and Wythe. As the City’s watchdog, he cannot
justify spending over $100,000 to see a 10% conceptual design.
Councilmember Heimbuch agreed the methodology is correct; the City has gone
forward in good faith. People are much aware of the current level of tax; they
will look at the overall dollar figure. It is wrong to assume the rightness of the
procedure will offset $500,000 to $600,000 if the public says no. Will it be
another seawall? It is proper during discussion to show some anxiety of the
people shouldering another $4M to $5 M of the project.
There is currently $2.5M set aside for the City Hall –
Councilmember Heimbuch commented he was now persuaded hearing the
monetary facts.
VOTE: (main motion as amended) YES. CHESLEY, NOVAK, HEIMBUCH, ROBERTS,
WYTHE, SHADLE
Motion carried.
C. Resolution 07-102, Of the City Council of Homer, Alaska Awarding
the Contract for Preparing the 10%
Conceptual Design for the New City Hall/Town Square Plaza to the Firm of Jay-Brant General Contractors of
Homer, Alaska in the Amount of $28,563.00
and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk. Recommend adoption.
Memorandum 07-169 From
Public Works Director thru City Manager as backup.
ROBERTS/HEIMBUCH – MOVED FOR THE ADOPTION OF RESOLUTION 07-102 BY
There was no discussion.
VOTE: YES. SHADLE, CHESLEY, NOVAK, HEIMBUCH, ROBERTS, WYTHE
Motion carried.
D. Resolution 07-103, Of the City Council of Homer,
Memorandum 07-169 From
Public Works Director thru City Manager as backup.
Mayor Pro Tempore Novak called for a motion for the adoption of
Resolution 07-103 by reading of title only.
WYTHE/ROBERTS – SO MOVED.
City Manager Wrede pointed out the intent is to pay Seabright
Survey directly from the City to save overhead costs. Seabright
was part of the team as proposed by Jay-Brant.
VOTE: YES. WYTHE, SHADLE, CHESLEY, NOVAK, HEIMBUCH, ROBERTS
Motion carried.
E. Resolution 07-104, Of the City Council of Homer,
Memorandum
07-168, From Public Works Director thru City Manager as backup.
Mayor Pro Tempore Novak called for a motion for the adoption of
Resolution 07-104 by reading of title only.
WYTHE/ROBERTS – SO MOVED.
Councilmember Roberts questioned why the City
would re-borrow $7,503,000, as outlined in the memorandum. Public Works
Director Meyer explained in the same way we borrow money for LID’s, the money is being borrowed as a funding mechanism.
We could spend cash directly from the HAWSP fund or use the availability of low
interest loans to finance over 20 years. Water interest rates are currently 2.5%;
if lowered it would be applied retroactively.
The Finance Department has indicated the
account number needs correction.
WYTHE/ROBERTS - MOVED TO AMEND THE FISCAL
NOTE TO READ ACCOUNT NUMBER 215-865.
There was no discussion.
VOTE: (amendment) YES. NON
OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion as amended) YES. ROBERTS,
WYTHE, SHADLE, CHESLEY, NOVAK, HEIMBUCH
Motion carried.
COMMENTS OF THE AUDIENCE
Frank Griswold, city resident, stated the City Manager implied the
Homer Advisory Planning Commission is mandated under the statutes to be
involved in the Comprehensive Plan update. He asked that the statute be
identified. He believes the City Manager is in denial that the City of
Leonard Wells, city resident, hopes Council takes note that voters
heavily indicated they don’t want to raise taxes. Council should think of budgets
and not call smoking mirrors. He referenced the library charge to non residents
as a smoking mirror. Mr. Wells commented the depreciation account money was moved
to spend maintenance depreciation for new construction.
COMMENTS OF THE
City Attorney Tans was not present.
COMMENTS OF THE
City Clerk Johnson had no comments.
COMMENTS OF THE
City Manager Wrede said he is in denial about some things, but the
Comprehensive Plan is not one of them. Mr. Griswold has been making the point
over and over and over again, and he was on the radio the other day. Frank is
right. The Borough has not delegated planning powers to the City; it has
delegated zoning and land use powers, but not all the powers in the
Comprehensive Plan. It is still up to the Borough to approve the City’s
Comprehensive Plan. The Borough encourages local governments to exercise local
control and do their own planning. That is what has been going on for a long
time. Frank is technically correct; the Borough has not delegated planning
powers to the City and the City has not requested it. The City has traditionally
done their own planning, the Borough Planning
Commission looks at it and then the Borough Assembly. The method we are using
is good; it emphasizes local control, gets local people involved. It is not
unusual to establish a committee; we are not farming out the responsibilities
of the Planning Commission to a committee. The Planning Commission will review
the Comprehensive Plan. It is a technical legal issue and not of any practical
consequence.
COMMENTS OF THE MAYOR
Mayor Pro Tempore Novak said it was a productive evening with 17
resolutions and ordinances either introduced, passed, or public hearings. They
covered a wide range of things from the Water Treatment Plant to
COMMENTS OF THE
Councilmember Shadle wished everyone a Happy Halloween and Happy
Birthday to his daughter Aurora who turned eight years old.
Councilmember Heimbuch stated he was reading Mr. Griswold’s latest
daily news and wanted to reassure him even though he was up on the Slope for
the last meeting he had his packet. He was bored to tears the night of the
meeting and had time to review the packet in its entirety. He was amazed how
much stuff was in those; he had no idea. He is going to try to read those
things a lot, every chance he gets.
Councilmember Chesley stated he will be
absent the meeting of November 13th. Mr. Griswold’s memo was in the
packet as it was a laydown for Council tonight. On
page 146 of the packet, Ordinance 07-37 that will be coming back on November 13th,
line 279 there is discussion of an overhead charge of 15%. Mr. Chesley looked at the
Councilmembers Roberts and Wythe had no comments.
ADJOURNMENT
There being no further business to come before the Council the meeting
was adjourned at
______________________________
JO JOHNSON,
Approved: _____________________