Session 06-26 a Regular Meeting of the Homer City Council was called to order at 7 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, NOVAK, ROBERTS, SHADLE, STARK, WYTHE.
STAFF: CITY CLERK CALHOUN
CITY MANAGER WREDE
CITY ATTORNEY TANS
Council met as a Committee of the Whole from 4:00 to 5:18 p.m. Agenda items were the Budget,
CIP/Legislative Requests and the Regular Meeting Agenda Items.
Council conducted a Special Meeting from 5:30 to 6:24 p.m. The purpose was to conduct an Executive
Session Pursuant to AS ยง 44.62.310(c)(1), Matters, the Immediate Knowledge of which would Clearly
have an Adverse Effect upon the Finances of the Government Unit and Attorney Client Privilege. (Fuller
vs. City - Settlement Offer and City Water without City Sewer and Associated Issues. )
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: Ordinance
06-58 has public hearing only tonight, second reading is November 27th.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Public comments upon any matter on the agenda Except Public Hearing items - South Douglas Street
Road Reconstruction and Paving, Ordinance 06-57, Revisor Authority, Ordinance 06-58,Rezone
Portions RR to GC1, Ordinance 06-59, $20,000.00 Property Tax Exemption, andOrdinance
06-60(S), $20,000.00 for the Purpose of Addressing Maintenance and Repairs on the Ocean Drive Loop
Erosion Control Project.
Frank Griswold, City resident, commented on the minutes in the packet, advising that he has some
problems with these. His testimony, where it says that he spoke on the Mayor's recusal for the ethics
hearing for Councilmember Stark and the public's right to know the nature of his conflict of interest, that
this is a long way of saying what he said, which was, "The Mayor has no right to recuse himself from
Councilmember Stark's Ethics Hearing." That is very easy to say, when someone's testimony is
generalize, it is neutralized. Think this is intentional. Also pointed out that the Mayor did not declare a
conflict of interest when ruling on Stark's Conflict of Interest in the Box Store Ordinance, this is not in
the minutes. In that same testimony it refers to a legal opinion on status of the CUP issues in 1983,
which is not in the packet. In the minutes it refers to it as a legal opinion issued in 1993, don't know if
one was issued in 1993. What it said in the Planning Commission minutes, Staff is to obtain an opinion
from the City Attorney on whether the CUP continues or is void. Hoped this would be in the packet, told
Council that they still need to get that. Believe the Mayor stated that he did not think that he could
participate in the Stark's Ethics Hearing and put his bias aside. If that is what the Mayor said, it is not in
the minutes. Under comments of the Audience at the end, stated that the rulings on Conflict of Interest
appear totally arbitrary and should be based on City Code, only a page and a third long off of the
internet. That is not in the minutes. Said that asking if someone could put their bias aside, works on Perry
Mason and not valid for Council procedures, also not in the minutes. Pointed out that there is a saying
that he who controls the minutes controls the meetings. The City Clerks should be required to swear an
oath to be impartial, they should not be allowed to spin the minutes or sanitize them to make public
officials look better. Stated with regard to Resolution 06-149, the Oath of Office, that the written oath
has different requirements than the oral oath. Written oath requires that duties will be performed
impartially, the oral oath requires that duties will be faithfully discharged to the best of one's ability.
There is no requirement for impartiality. Before passing this and before swearing an oath one should
know exactly what it means. What does it mean to be impartial? Does it mean Legislative issues? Does it
mean Quasi judicial issues? He told the Council that they went to great lengths to take the impartiality
requirements out in Ordinance 05-17 and now its there in the code? So what takes precedence?
Fred Lau spoke in favor of Resolution 06-151 and Resolution 06-152. Expressed appreciation of the
inclusion of the Senior Access Trail in 06-151 and that he really appreciates the separate Resolution
regarding the Homer Senior's housing project. Stated that he would not be here for the rest of the
meeting and asked if there were any questions? There were none.
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 October 9, 2006 Regular Meeting October 16 Special meeting. City Clerk. Recommend approval.
B. Ordinance 06-61, Of the City Council Amending the FY 06 Operating Budget by Transferring
$1,684.50 from the Sewer Department's Tools and Equipment Line Item to Public Works Fleet Reserve
Fund, Authorizing the Purchase of a Sewer Jet from Denali Sewer and Drain of Anchorage, Alaska, Sole
Source, in the Amount of $51,684.50, and Authorizing the City Manager to Execute the Appropriate
Documents. City Clerk. Recommend introduction and first reading and schedule public hearing and
Second Reading for November 20, 2006.
Memorandum 06-178, may be submitted from Public Works.
C. Resolutions 06-148, Of the City Council of Homer, Alaska Awarding the Contract for Professional Planning Services for the Comprehensive Plan Update to the Firm of Agnew::Beck of Anchorage, Alaska in the Amount of $86,082.00 and Authorizing the city Manager to Execute the Appropriate Documents. City Clerk. Recommend adoption.
Memorandum 06-179, from Planning as backup.
D. Resolution 06-149, Of the City Council Establishing the Oath of Office for the City of Homer for
Elected and Appointed Officials. Mayor. Recommend adoption.
E. Resolution 06-150, Of the Homer City Council Supporting Efforts to Preserve and Restore the Jesse
Lee Home. Mayor. Recommend adoption.
F. Memorandum 06-180, from City Clerk, Re: November Meeting Schedule. Recommend confirmation.
G. Memorandum 06-181, from Mayor, Re: Appointment of Councilmembers Novak and Wythe and
Matthew North to the Permanent Fund Investment Committee. Recommend confirmation.
HEIMBUCH/WYTHE - MOVED TO APPROVE.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VISITORS
A. Pratt Museum Report, Heather Beggs. (15 minutes)
Ms Beggs gave an update/report of the Pratt Museum's activities, stressed the importance of the Pratt
Museum to the Community and its extraordinary work and community contribution, and elucidated the
reasons why the City needs to fund the Pratt at previous and higher levels. She noted that the Pratt
Museum provides an essential community service. Many museums in Alaska are wholly City funded and
some are public/private partnerships like the Pratt Museum, yet the Pratt receives half the amount from
the City of Homer that most Museums receive from their local municipality.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS
A. PRWRCAC Report from City's Representative John Velsko.
Mayor Hornaday announced the PPOR (Potential Ports of Refuge) meeting scheduled for November 1,
2006 in Homer. (Homer City Hall Cowles Council Chambers 10 a.m. to 4 p.m.)
B. Parks and Recreation Commission Report, presented by Commissioner Dennis Gann.
Commissioner Gann reported on the current activities of the Parks and Recreation Commission,
expressed appreciation for the new Commissioners Bremicker and Weaver. He relayed and emphasized
the concern of the Commission with regard to the beaches and beach access issues.
PUBLIC HEARING(S)
A. Formation of the South Douglas Street Road Reconstruction and Paving Local Improvement District
(LID).
There was no public testimony.
B. Ordinance 06-57, Of the City Council Recognizing the Revisor Authority Regarding Ordinance
06-31, to Renumber 5.38, "Bear Attraction Nuisances" to Chapter 5.40. City Clerk. (First Reading
October 9, 2006, Public Hearing and Second Reading October 23, 2006.) Page 143
Frank Griswold stated that he does think that people should take great care to not to attract bear and that
the intent of this is good. Told the Council to face it that they are not going to put anybody in jail or fine
them for inadvertently leaving something on the porch that is going to attract a bear. Expressed objection
to the Council passing ordinances, that there are enough on the books that are not enforced. If anything
this should be done by a Resolution. Find it very ironic that the Ethics Violation Code is passed by
Resolution, so it is basically unenforceable, but that the Council comes out with a bear code done by
Ordinance. The person who gets caught in this trap is more than likely not going to be deliberately
baiting bears. Good idea and a wrong application.
HEIMBUCH/WYTHE - MOVE TO ADOPT.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Ordinance 06-58, Of the City Council of the City of Homer, Alaska, Amending the Homer City
Zoning Map to Rezone Portions of the Rural Residential (RR) to General Commercial One (GCI). City
Manager. Planning. (First Reading October 9, 2006, Public Hearing October 23, 2006, Second Reading
November 27, 2006.)
Frank Griswold stated that under the question it says, What is the public need and why is this rezone
justified? The applicant's response was "to make it consistent with its existing use." This is not a
legitimate zoning objective. If the Council does not know this already, they should get a legal opinion on
it. Under the staff comment on the same question, staff avoided the question altogether. It is not in this
packet, but was in the last packet - quite a bit of staff comment and has text but does not answer the
question. It appears that the lot was split lot zoned by conditional use permit (CUP), or however it was
done in 1983, to avoid being rezoned commercial, because the neighbors all objected to it. Now this is
proposing to rezone to commercial, because of the split lot zoning. This is the transit of property of
zoning, its dishonest and illegal. Under category 4. compatibility with adjacent land use, it says with the
screening required by CUP 83-5 it is compatible. Now this is bypassing the CUP. This rezone application
is not applicable to CUP 83-5, it's a rezone. Analysis of how this relates to the Comprehensive Plan -
staff shot guns this and never says how it relates to the Comprehensive Plan or how it meets the goals.
The implication is that somewhere in all the text is the answer to the question, but there is no answer. It
does quote something from the industrial land use wherein it says, revise the zoning code to allow
residential and other land uses with the stipulation that industrial uses are given priority in land use
conflicts. Sounds pretty good, but is for the industrial zone. This is rural residential, has no application at
all. Very bad staff report. He encouraged the Council to look it over very closely. His concluding remark
was that this is a very bad idea.
D. Ordinance 06-59, Previously Ordinance 05-42, Of the City Council of Homer, Alaska, Amending
Homer City Code Section 9.04.046, Real and Personal Property Tax--Exemption, to Provide for the First
$20,000.00 of Assessed Valuation on Owner-Occupied Permanent Residential Property to be Exempt
from City Real Property Tax. Fiscal Note: 809 Properties applied for a Borough Exemption in 2005.
809 multiplied by $20,000.00 equals $16,180,000.00 in exempt property. $16,180,000.00 multiplied by
the City's mill rate - 4.5 mills equals $72,810.00 in reduced City property tax revenue. (First Reading
August 8, 2005, Public Hearing August 22, 2005, Second Reading postponed on September 26, 2005,
to December 12, 2005, and deferred to October 9, 2006, scheduled for reintroduction due to quarterly
interval, Public Hearing October 23, 2006, Second Reading November 27, 2006.)
There was no public testimony.
E. Ordinance 06-60(S), Of the Homer City Council Amending the FY 2006 Operating Budget by
Appropriating $20,000.00 to the Public works Reserves Account for the Purpose of Addressing
Maintenance and Repairs on the Ocean Drive Loop Erosion Control Project (Seawall); and Stipulating
that a Proportionate Share of these Funds shall be Repaid by the Property Owners in the Assessment
District Through Special Service Area Property Taxes or Other Payment Method Approved by the
Council. City Manager. (First Reading October 9, 2006, Public Hearing and Second Reading October
23, 2006.)
Frank Griswold stated that he has tried to stay out of this altogether, but one thing that has been nagging
him all along is that the public is being kept in the dark as to how much has been spent on this. He
recalled, that when this seawall was first proposed the Public Works Director, article in the paper, said
that the City's cost was estimated to be $50,000.00 in administrative fees. Suspect it has been a lot more
than that. Everything is hush, hush in executive session and there is a lot of general advice that should not
be revealed just in executive session, the public should be advised. How can the public comment if the
public does not know what it is costing. Somebody should do the accounting and tell the public how
much the City is into this now. Is this $20,000.00 just the start of it? What is the end game? Would like
to know the numbers.
HEIMBUCH/WYTHE - SO MOVED FOR THE ADOPTION OR ORDINANCE 06-60(S) FOR
SECOND AND FINAL READING BY READING OF TITLE ONLY.
City Manager Wrede responded to inquiry that negotiations are on going and kind of on hold for a
couple of weeks, that he has some research to do, has to get some answers back to the property owners
and that, probably, this will be prepared to report back to Council at the next meeting.
WYTHE/HEIMBUCH - I WOULD MOVE TO POSTPONE ORDINANCE 06-60(S) FOR SECOND
READING UNTIL OUR NEXT MEETING IN NOVEMBER WHICH IS THE 20TH.
There was no discussion.
VOTE: YES: NON OBJECTION UNANIMOUS CONSENT.
Motion carried.
Mayor Hornaday allowed Councilmember Stark to make a comment in objection to postponement.
STARK/ - CALLED FOR IMMEDIATE RECONSIDERATION.
Motion died for lack of a second.
ORDINANCE(S)
A. Ordinance 06-50(S), Of the City Council of Homer, Alaska Amending Homer City Code Section
22.10.055, Underground Utilities, and Adding a New Chapter 14.50, Utility Distribution Facilities;
Relating to Placement of Utility Distribution Lines. Heimbuch. City Attorney. (First Reading Postponed
on August 28, to September 25, 2006 for the submittal of a Substitute, Public Hearing for October 9,
2006, Second Reading for October 23, 2006.)
Mayor Hornaday brought up Councilmember Wythe's former conflict of interest disclosure.
Councilmember Wythe stated that the Mayor had determined, previously, that she did not have a conflict;
however, for the benefit of final voting record would, again, declare a conflict of interest to provide the
opportunity for the Mayor to again rule. In response to the Mayor, she stated that she is an employee of
the Homer Electric Association (HEA) and inquired if she would have a conflict regarding the
determination of this Ordinance?
Mayor Hornaday asked Councilmember Wythe if she thought that this would affect her ability to make a
fair and impartial decision. Councilmember Wythe responded that she does not believe that she has a
conflict in that way at all, adding that she would leave this to the Council's determination if they think
that she does have a conflict of interest.
Councilmember Heimbuch called for a vote on Councilmember Wythe's conflict.
Mayor Hornaday did not recognize the motion in that he had not yet ruled.
Mayor Hornaday ruled that this is not a conflict and that she could not participate in discussion.
HEIMBUCH/SHADLE - MOVED TO OVERRULE THE HONORABLE MAYOR'S DECISION.
Councilmember Heimbuch in response to Council inquiry explained that the placement of underground
utilities is a hot bed item in this community and that it would behoove the Council to have a vote on this
conflict of interest.
VOTE: YES: HEIMBUCH.
NO: ROBERTS, SHADLE, STARK, NOVAK.
Motion failed.
WYTHE/SHADLE - SO MOVED FOR THE ADOPTION OF ORDINANCE 06-50(S) BY READING
OF TITLE ONLY FOR SECOND AND FINAL READING.
Discussion: Comment about the Rick Eckert letter from HEA wherein it was stated that ordinarily the
consumer pays 40% of the cost to provide service unless it is a non standard project. If this ordinance is
passed HEA is going to go to the Regulatory Commission of Alaska (RCA) to see if they can get an
approval for a new ruling that would allow them to charge a consumer within the City of Homer 100%
of the cost increases due to the ordinances. If that rate increase were granted that would be passed on to
the consumer. Like to see this happen, probably will not be without some cost and probably that cost
will be born by the community. Counter statement was that the cost would be born by the individual(s)
not be the entire community. There was statement that the Ordinance does not mandate underground
utilities, since there are always going to be times and places wherein utilities will have to be placed
overhead and that when the utilities can go underground the property owner may very well carry the full
burden of the cost. The City and its residents have long expressed a desire to move away from overhead
utility poles. This is just another tool in the City's arsenal to get there. This is already required for new
subdivisions. If the subdivision being talked about now (1) had gone through the City process this trouble
would probably not exist right now. The City is faced with doing something like this due to an anomaly
in a subdivision and under all circumstances will not be able to force underground power. This sends a
message to the RCA and HEA that the City would like to do its best on every possible situation to avoid
overhead power lines. The old part of the Code provides the language that allows the leeway to sanction
power lines overhead for certain circumstances. It seems that HEA is in a no lose situation. Concern
expressed about a consumer having to pay 100% of the cost. Would the cost increase be distributed
across the board?
City Attorney Tans, in response to Council inquiry, stated that he does not think that he has the
wherewithal, the understanding of what HEA's vision would be, to comment on it, except to say that any
request that they make to change their tariff does have to be approved by the RCA. RCA's job is to take
into account the impact on the consumer and the public, and balance what they think is right in the public
interest.
Mayor Hornaday inquired if something like this came up on Hohe, the question of who was going to pay
for the underground utilities on Hohe.
City Manager Wrede responded that the Hohe situation was a little bit different set of circumstances, but
that it did boil down to the same thing. HEA said that they were not going to pay for it, that they did not
have to pay for it and that the owners could pay for it if they wanted to. In Mr. Eckert's letter it is
believed that he is saying that the cost would be born by the individual property owner or whole
subdivision depending on who was effected
There were a few further comments.
SHADLE/NOVAK - MOVED TO POSTPONE.
Pros and cons to postponement were discussed. Concern that Council does not know everything that
they need to know with regard to this matter. Enough time has been spent on this and it is time to move
forward. There were a few additional comments along the same lines.
VOTE: NO: NOVAK, HEIMBUCH, ROBERTS, WYTHE, SHADLE, STARK.
Motion failed.
There was no additional discussion.
VOTE: (main motion) YES: HEIMBUCH, ROBERTS, WYTHE, STARK, NOVAK.
NO: SHADLE.
Motion carried.
CITY MANAGER'S REPORT
A. City Manager's Report (No written report)
1. Water Treatment Plan Upgrade Design Recommendations Report
2. Letter of Thanks and Appreciation from Norman Griffin
B. Bid Report. (City Wide Surplus Sale being processed.)
C. Public Input on Question of the Week.
D. Game Permit Report (AK NRA Fall 2006 Banquet, Remington Raffle at the Kachemak Gear Shed, filed with the City Clerk on October 13, 2006 at 11:34 a.m.
Mayor Hornaday corrected a statement that he made at the last meeting, under City Manager report, that George Matz of the Cook Inlet Alliance did not request the City to hold a meeting, to invite Pebble Mine (Northern Dynasty) to make a presentation. Val McLay did bring his packet from that Pebble Mine Trip, that the Mayor gave it to the Clerk and that it is the Mayor understanding that the Alliance has now picked this up.
City Manager Wrede highlighted the Water Treatment Plant Upgrade and that the new recommendation
from the consultant is to build a new Water Treatment Plant and abandon the old one. This would
prolong the life of the current water source. If the Council would like a full presentation, just let the City
Manager know.
Mayor and Councilmembers noted that the report on the Water Treatment Plant Upgrade is well written.
Items 3.3, Reservoir Capacity and 3.3.1 Future Water Supplies were specifically noted and that the
Consultant says that if the City goes for the new Water Treatment Plant to the east of the existing plant
that the City will have to acquire some land to the east. It was noted that this land is contained in the land
proposed for expansion of the City owned land, in the reservoir area which was left out of the top 15 CIP
list.
COMMITTEE REPORT
A. Public Arts Committee (Met October 19, 2006)
B. Transportation Advisory Committee (Meeting of October 17, 2006 is canceled and rescheduled to
October 24, 2006 at 5:30 p.m.)
There was no comment.
PENDING BUSINESS
None scheduled.
NEW BUSINESS
None scheduled.
RESOLUTIONS
A. Resolution 06-151, Of the Homer City Council Adopting the Capital Improvement Project Priority
List for Fiscal Year 2008 and Capital Improvement Plan for 2007-2011 and Requesting Appropriate
Funding. Mayor and Council.
WYTHE/STARK - SO MOVED FOR THE ADOPTION OF RESOLUTION 06-151 BY READING
OF TITLE ONLY.
There was no discussion.
WYTHE/ - I WOULD MOVE TO SUBSTITUTE THE LIST ORDER THAT I PROVIDED IN MY
EMAIL DATED OCTOBER 11TH, I THINK THAT EVERYBODY HAS A COPY OF THAT TOP
FIFTEEN LIST.
WYTHE/ NOVAK - I WOULD LIKE TO SUBSTITUTE THE LIST AS IT EXISTS WITH THE
LIST AS SUBMITTED ON OCTOBER 11TH.
Discussion: As discussed earlier in the Committee of the Whole there were some items at the bottom of
the list that are more important.
1 Water Supply (Water Treatment Plant; Water Source & Water Shed Land Acquisitions)
2 Deep Water Dock Expansion, Phase I
3 Town Center (Land Acquisition for Roads, City Hall, Town Square Infrastructure)
4 College Expansion
5 Sr. Access Train
6 Intersection Improvements
7 Main Street Reconstruction
8 Harbor Maintenance (Erosion Control & Fenders)
9 Paving Freight Dock Road
10 Spit Trail Completion/Harbor Pathways
11 Restrooms (Spit Trail, Pioneer Ave., Spit)
12 Pratt Museum Fuel Tank replacement
13 Fairview Ave: Main to East Hill
14 East Boat Harbor
15 Ohlson Mt. Ski Area Improvements
NOVAK/ - LIKE TO AMEND THAT LIST TO MOVE ITEM 15. OHLSON MOUNTAIN UP TO
ITEM 13. BELOW THE PRATT MUSEUM FUEL TANK AND IT WOULD BECOME 13 INSTEAD
OF 15 AND THE OTHER TWO WOULD MOVE DOWN.
Motion died for lack of a second.
Comment about the East Boat Harbor and the importance thereof.
SHADLE/STARK - I'D LIKE TO MAKE A MOTION TO MOVE UP THE EAST BOAT HARBOR
TO 13 AND MAKE FAIRVIEW AVENUE MAIN TO EAST HILL AS 14, JUST SWAP THOSE TWO.
Discussion: Important to move the East Boat Harbor up. A win win situation. More revenue and could
possibly get another harbor. Very important project. The Corp of Engineers has already committed,
believe $1/2 million for the initial part of the study and that DEC has also committed $1/4 million for the
study. The City will be asked next month by action of the Port and Harbor Commission to appropriate
$150,000.00 to complete the funding for the study. Part of the rationale for building the East Boat
Harbor is to provide a secure environment for the Hickory, which is very important to the City of Homer.
Concern expressed regarding the home porting/berthing of theHickory, and that this project would be
highly beneficial and further that objective.
VOTE: (secondary amendment 2) YES: ROBERTS, WYTHE, SHADLE, STARK, NOVAK, HEIMBUCH.
Motion carried.
There was no discussion.
HEIMBUCH/STARK - I WOULD LIKE TO MAKE ANOTHER AMENDMENT, I WOULD LIKE
TO ASK THE COUNCIL'S INCLUSION OF THE CIP REQUEST AS PUT FORWARD BY THE
HOMER HOCKEY ASSOCIATION, BE COMBINED WITH THE OHLSON MOUNTAIN SKI
AREA IMPROVEMENTS, RETITLED WINTER SPORTS IMPROVEMENTS.
There was no discussion.
VOTE: (secondary amendment 3.) YES: HEIMBUCH, ROBERTS, SHADLE, STARK, NOVAK.
NO: WYTHE
Motion carried.
There was no discussion.
VOTE: (primary amendment 1. as amended) YES: SHADLE, STARK, NOVAK, HEIMBUCH,
ROBERTS, WYTHE.
Motion carried.
There was no discussion.
VOTE: (main motion as amended) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
List as presented and amended:
1. Water Supply (Water Treatment Plant; Water Source & Water Shed Land Acquisitions)[Upgrade/Alternative Water Source ] [ $ 6 - $14 million]
2. Deep Water Dock Expansion, Phase I [$ 28 million]
3. Town Center (Land Acquisition for Roads, [Homer] City Hall/Town Square [Center] Infrastructure [$ 2 million]
4. College Expansion [Kachemak Bay Campus Expansion ] [$ 2.5 million]
5. Senior Access Trail [$ 80 thousand]
6. Intersection Improvements
[6. Restrooms ] [$ 1.55 million]
[a. Downtown Restroom $400 thousand
b. Public Restroom Homer Spit $900 thousand
c. Spit Trail Restroom $250 thousand ]
7. Main Street Reconstruction
8. Harbor Maintenance (Erosion Control & Fenders)
9. Paving Freight Dock Road
10. Spit Trail Completion/Harbor Pathways
11. Restrooms (Spit Trail, Pioneer Avenue, Spit)
12. Pratt Museum Fuel Tank Replacement
13. East Boat Harbor
14. Fairview Avenue: Main to East Hill
[13. Fairview Avenue: Main to East Hill
14. East Boat Harbor]
15. Winter Sports Improvements: Homer Hockey Association with Ohlson Mountain Ski Area
Improvements
[7. East Boat Harbor $ 20 million]
[8. Ohlson Mountain Ski Area Improvements $ 87 thousand]
[9. Bridge Creek Watershed Land Acquisition $ 1 million]
[10. Pioneer Dock Fenders $ 80 thousand]
[11. Pratt Museum Fuel Tank Replacement $ 25 thousand]
[12. Fairview Avenue Main to East End Road $ 1.5 million]
[13. Paving Freight Dock Road $ 300 thousand]
[14. Spit Trail Completion/Harbor Pathways $ 1.5 million]
[15. Homer Intersection Improvements Support State Project]
[16. Main Street Reconstruction Support State Project]
B. Resolution 06-152, Of the Homer City Council in Support of the Homer Senior Housing Project and
Urging the Alaska Housing Finance Corporation to Grant and Loan the Homer Senior Citizens the Funds
for this Project. Mayor/Council.
WYTHE/NOVAK - SO MOVED FOR THE ADOPTION OF RESOLUTION 06-152 BY READING
OF TITLE ONLY.
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
COMMENTS OF THE AUDIENCE
Audience comments upon any matter.
Ken Satre, City resident, advised that he came tonight to talk about support for the Homer Hockey
Association and to apologize for their failure to join in the time line that is set down for being in the CIP
project and that he certainly feels that they could have done a lot better job in staying in touch with the
City Council and bringing forth the proposal that they had. Thanked the Council for taking them into
consideration tonight and hoped in the future that they would do a better job of communicating with
Council about the association needs and thanked them for their past and present support.
Frank Griswold stated that if somebody could actually put their bias aside and decide a matter impartially
the conflict of interest code would not be needed. Under this standard how in the world would the public
know whether or not somebody did put their bias aside and whether the vote was impartial. Asking this
question at the very least creates the appearance of impropriety. Leave it to Perry Mason. Abide by
Homer City Code 1.12. Pointed out that Homer Code 1.12.010(b)(2) clearly states that a person's
financial interest includes an affiliation with an organization in which he is an employee. It could not be
any more clear. Why didn't Council ask the City Attorney? Here Council has this legal dilemma and have
a $185 attorney sitting right here and all Council had to do was ask him. Ask him now. Ask him if the
Mayor rules that somebody is not disqualified from participation if they can participate in the vote. This
needs to be cleared up. Cannot just keep wondering about this and changing decisions week after week
Under 1.12.040 the Mayor does not actually rule on whether or not a Councilmember actually has a
conflict of interest, he rules on whether or not the conflicted member should be excused from
participating due to the conflict. The conflict of interest is still there it just may not be substantial enough
to disqualify them from the vote. This is something that has been confusing, it should be cleared up and
the Attorney is the guy that can do that for the Council.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans had no comment.
COMMENTS OF THE CITY CLERK
City Clerk Calhoun had no comment.
COMMENTS OF THE CITY MANAGER
City Manager Wrede had no comment.
COMMENTS OF THE MAYOR
Mayor Hornaday reported on attending political meetings, to keep up City contacts with all, since one
never knows who will win.
COMMENTS OF THE CITY COUNCIL
Mayor Pro Tempore Novak had no comment.
Councilmember Shadle wished all a Happy Halloween.
Councilmembers Wythe had no comment.
Councilmember Stark noted that Councilmember Shadle has on his orange shirt and so thinks he is ready
for Halloween and welcomed him back.
Councilmember Heimbuch thanked and congratulated Councilmember Roberts, after her first meeting,
and expressed hope that she'd get a proper name plate.
City Clerk Calhoun advised that Councilmember Robert's name plate was ordered several days ago.
Councilmember Roberts thanked the City staff and her fellow Councilmembers, expressing appreciation
for welcoming her and helping her, adding that everybody has been really, really helpful. She advised that
she is planning on attending the AML Training for new Councilmembers and that, hopefully, the next
time she sees the Council she will be better trained.
ADJOURNMENT
There being no further business to come before the Council, Mayor Hornaday adjourned the meeting at
8:16.58 p.m. The next Regular Meeting is scheduled for Monday, November 27, 2006 at 7 p.m. The
Next Committee of the Whole is scheduled for Monday, November 27, 2006 at 4 p.m. Special Meetings
Scheduled for October 27, 2006 at 10 a.m. and November 20, 2006 at 7 p.m. All meetings scheduled to
be held in the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer,
Alaska.
____________________________________________
MARY L. CALHOUN, CMC, CITY CLERK
Approved: _______________________________
1. Possibly a reference to Country Club Estates.