WORKSESSION AGENDA

Session 07-23 a Regular Meeting of the Homer City Council was called to order on September 24, 2007 at 7:02 p.m. by Mayor Pro Tempore Dennis Novak 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: NOVAK, ROBERTS, SHADLE (telephonic), STARK, WYTHE

ABSENT: COUNCILMEMBERS: HEIMBUCH (excused)

STAFF: CITY MANAGER WREDE

CITY CLERK JOHNSON

PUBLIC WORKS DIRECTOR MEYER

Mayor Hornaday has requested excusal.

Councilmember Heimbuch has requested excusal (may be telephonic if possible).

Councilmember Shadle has requested telephonic participation.

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

Council met as a Committee of the Whole from 4:01 p.m. to 5:03 p.m. in the Homer City Hall Cowles Council Chambers. Agenda items included Water Rates, Capital Improvement Plan and Regular Meeting agenda. Council met for a Special Meeting from 5:03 p.m. to 5:37 p.m. to conduct the City Manager’s Evaluation. Council met with the Planning Commission for a Joint Worksession on Gateway Overlay, Community Design Manual, Joint Training on Ethics, Conflict of Interest, Ex-parte Communication and Open Meetings Act.

AGENDA APPROVAL

(Addition of items to or removing items from the agenda will be by unanimous consent of the Council. HCC 1.24.040.)

Councilmember Wythe removed Memorandum 07-159 to defer to Councilmember Shadle’s presence in person.

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

Ordinances: Substitute Ordinance 07-36(S) and Reference Sheet and Ordinance 07-35 AS §39.50 and Alaska Public Offices Commission Financial Disclosure Statement as backup and reference Sheet.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public may comment on any item on the agenda with the exception of: 2008-2013 Capital Improvement Plan and FY 2009 Legislative Requests; Ordinance 07-32, Authorizing the Transfer of Funds for Process Documentation and Internal Control Analysis, Awarding the Contract for Review of the Internal Control/Process Documentation to Mikunda, Cottrell & Co. of Anchorage, Alaska; and Ordinance 07-34, Accepting and Appropriating a $7,500.00 Grant, with “In Kind” 10% Match for Volunteer Fire Assistance from the State Department of Natural Resources for the Homer Volunteer Fire Department.

Frank Griswold, city resident, referenced Memorandum 07-157 and its vague description. He quoted Attorney Tans website re: executive sessions. The Borough openly discusses their pending litigation on a quarterly basis.

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 September 10, 2007 Special Meeting and Regular Meeting. City Clerk. Recommend approval.

Moved to Pending Business.

B. Memorandum 07-162, from City Clerk, Re: Travel Authorization for Mayor’s Attendance at the United States Conference of Mayors/City of Seattle National Climate Protection Summit for Mayors November 1-2, 2007.

Mayor Pro Tempore Novak called for a motion for the adoption of the recommendations of the consent agenda as amended.

ROBERTS/WYTHE – SO MOVED.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

A. Kelly Jackman – Boys and Girls Club – 10 minutes

Kelly Jackman, Director of Boys and Girls Club, said it was a delight to work with the kids year round, seeing them develop positive attitudes, skills and values to enable them to succeed in life. The club provides a safe and affordable place for kids 6-18 to attend when school is out. There are success stories of youth in the community, with more unfolding. Currently there are 210 members, 54 teenagers.

Boys and Girls Club participants Richard Taff, Shlomo Gherman and Zane Denham spoke on the benefits of the club.

B. Homer High School Senior Government Students

Homer High School Government students were acknowledged and introduced themselves.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

Lou Stewart, Parks and Recreation Advisory Commission Chair, spoke on the activities of the Commission, including the park walkthrough and upcoming meetings. Jack Gist Park has undergone improvements to include a new multifunction ball field, with three fields. The park needs more parking, restrooms, concessions and a storage department. Matching grant money from the proposed ¼% sales tax proposition could be used for upgrades. The master plan for Karen Hornaday Park will be revised. Public worksessions will be held for feedback and ideas. Mr. Stewart praised the work of Planning Technician Engebretsen and the Clerk’s office for the benefit of the Commission.

Alan Parks, Global Warming Task Force Chairman, reported the draft Climate Action Plan was presented at a public meeting. There was overwhelming attendance; it was encouraging to see the public involvement. Numerous suggestions were made to include in the report. He is happy to see items to reduce energy and conservation are included in the upcoming budget. The Climate Action Plan will be presented to the remainder of the commissions and receive community input before the presentation to Council.

PUBLIC HEARING(S)

A. City Of Homer 2008-2013 Capital Improvement Plan and FY 2009 Legislative Requests, with Draft Resolution.

There was no public testimony.

B. Ordinance 07-32, Of the City Council of Homer, Alaska, Authorizing the Transfer of $3,051.00 from the General Fund Balance for Process Documentation and Internal Control Analysis, Awarding the Contract for Review of the Internal Control/Process Documentation to Mikunda, Cottrell & Co. of Anchorage, Alaska and Authorizing the City Manager to Execute the Appropriate Documents. City Manager/Finance. First Reading September 10, 2007, conduct Public Hearing and Second Reading on September 24, 2007.

Memorandum 07-144, from Finance Director thru City Manager as backup.

There was no public testimony.

WYTHE/ROBERTS - MOVED TO APPROVE ORDINANCE 07-32 BY READING OF TITLE.

There was no discussion.

VOTE: YES. ROBERTS, WYTHE, SHADLE, STARK, NOVAK, HEIMBUCH

Motion carried.

C. Ordinance 07-34, Of the Homer City Council Accepting and Appropriating a $7,500.00 Grant, with “In Kind” 10% Match, for Volunteer Fire Assistance from the State Department of Natural Resources for the Homer Volunteer Fire Department and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. First Reading September 10, 2007, conduct Public Hearing and Second Reading on September 24, 2007.

Memorandum 07-147, from Fire Chief thru City Manager as backup.

There was no public testimony.

WYTHE/ROBERTS - MOVED TO ADOPT ORDINANCE 07-34.

There was no discussion.

VOTE: YES. HEIMBUCH, ROBERTS, WYTHE, SHADLE, STARK, NOVAK

Motion carried.

ORDINANCE(S)

A. Ordinance 07-35, Of the City Council of Homer, Alaska Amending the Code of Ethics, Homer City Code Chapter 1.18. Wythe. First Reading September 24, 2007, conduct Public Hearing and Second Reading on October 8, 2007.

WYTHE/ROBERTS - MOVED FOR THE INTRODUCTION OF ORDINANCE 07-35 FOR FIRST READING.

The code amendment is from issues arising at the recent ethics hearing.

ROBERTS/WYTHE - MOVED TO AMEND LINE 140; THE SENTENCE STARTS ON PAGE 173: ALL MUNICIPAL OFFICERS AS DEFINED BY ALASKA STATUTES CHAPTER 39.50 SHALL BE SUBJECT TO THE PROVISIONS OF AS 39.50 RELATING TO CONFLICTS OF INTEREST OR FINANCIAL DISCLOSURES “TO INCLUDE SCHEDULES B, C, E, THE NATURAL RESOURCES SECTION F AND G ONLY.

Amendment includes the most pertinent areas, personal income need not be disclosed.

Councilmember Stark voiced opposition, noting the voters opted out of the conflict of interest disclosure with a 54% yes vote. Adding the exemption disclosure violates the vote of the citizens of Homer.

Discussion ensued as to Homer as a much smaller community when the vote occurred to opt out of the disclosure. It was noted the City Attorney has already reviewed the ordinance and offered amendments included in the ordinance before Council.

A friendly amendment by Councilmember Wythe was offered and accepted to strike the word financial disclosures on Line 141, as the schedules include only conflict disclosures.

VOTE: (amendment) YES. NOVAK, ROBERTS WYTHE

VOTE: NO. STARK, HEIMBUCH, SHADLE

Motion failed.

HEIMBUCH/SHADLE - MOVED THAT THE FIRST READING BE POSTPONED UNTIL OTHER COUNCILMEMBERS CAN BE PRESENT.

Councilmember Heimbuch will be at the October 8^th meeting; Councilmember Shadle will return following his wife’s improvement after delivering a baby girl.

Councilmember Wythe voiced her opposition to postponement.

HEIMBUCH/SHADLE - MOVED TO AMEND THE FIRST READING DATE TO OCTOBER 8, 2007.

VOTE: (postponement as amended) YES. SHADLE, STARK, NOVAK, HEIMBUCH, ROBERTS, WYTHE

Motion carried.

B. Ordinance 07-36, Of the City Council of Homer, Alaska Amending Homer City Code Section 4.10.050 to Prohibit Elected Officials from Filing a Declaration of Candidacy when their Terms Do Not Expire that Election Year. Novak. First Reading September 24, 2007, conduct Public Hearing and Second Reading on October 8, 2007.

Ordinance 07-36(S), Of the City Council of Homer, Alaska Amending Homer City Code Section 4.10.050 to Prohibit a Person Holding the Office of Mayor or City Council Member from Being a Candidate for Another Office or Term of Office Except During the Last Year of the Official’s Term of Office or When a City Council Member is Running for Mayor. Novak. First Reading September 24, 2007, conduct Public Hearing and Second Reading on October 8, 2007.

Mayor Pro Tempore Novak called for a motion to substitute Ordinance 07-36(S) for Ordinance 07-36.

WYTHE/ROBERTS – SO MOVED.

The ordinance is responsive to a recent declaration of candidacy while a councilmember was seated.

VOTE: YES. WYTHE, NOVAK, HEIMBUCH, ROBERTS

VOTE: NO. SHADLE, STARK

Motion carried.

Mayor Pro Tempore Novak called for a motion for the introduction and first reading of Ordinance 07-36(S) by reading of title only.

WYTHE/ROBERTS – SO MOVED.

Councilmember Stark voiced his objection as the action has happened once in the history of Homer.

Mayor Pro Tempore Novak explained the situation came up and with no answer in City Code there was no means to resolve it.

Councilmember Shadle asked if it would limit a Councilmember from running for Mayor. Mayor Pro Tempore Novak explained that was acceptable in the new ordinance. Councilmember Shadle asked if a Councilmember wanted to run each year for election shouldn’t that be allowed to happen. Mayor Pro Tempore Novak commented when filing for candidacy you have accepted and acknowledged you want to run for a term certain seat. The seats are staggered; each year two seats become open. Keeping the process open allows Councilmembers to evolve each year. Also noted by Councilmember Wythe was that in taking oath of office one intends to serve the full term. If one vacates a seat to run for another seat, the open seat will require appointment of a new member by City Council. Councilmember Shadle stated this is not something he would do, however we need to think of everybody.

VOTE: YES. ROBERTS, WYTHE, SHADLE, STARK, NOVAK, HEIMBUCH

Motion carried.

CITY MANAGER’S REPORT

A. City Manager’s Report

Library Receives Another Award: The Homer Chamber of Commerce has voted to give its annual beautification award this year to the Homer Public Library. Helen is scheduled to receive the award at the Chamber luncheon on September 18. The irony of the library receiving this award given the mini-controversy we had this summer regarding landscaping is not lost on us!!. But the City is very grateful for the award. The gardens themselves were beautiful. We plan to have a series of meetings in the next few weeks to come up with a more structured and formalized plan regarding landscaping ie; which responsibilities lie with volunteers and which ones are assigned to City staff. We are also working on a budget to restore the landscaping that was cut from the library construction budget.
Jeffery Park: Many thanks to Public Works for the great job they did on Jeffery Park. Jeffery Park is a pocket park used by neighborhood kids. It contains playground equipment and a green space to just run and play. It is located at the Corner of Ben Walters and Nielsen Circle. As some of you may know, this park had serious drainage problems and needed a great deal of work. Public Works traded for fill materials to elevate the low spots, fixed the drainage problems, and hydro-seeded the entire area. The park looks great and is a much safer environment for kids. Go take a look at it. I am told that the neighborhood is very happy.
Seawall Update: As you know, the Judge has ruled in the primary lawsuit regarding the seawall. In short, the Judge essentially ruled in the City’s favor and affirmed the City’s position in all respects. He concluded that the LID process was valid and conducted properly, that the seawall was owned by the property owners, and that the property owners were responsible for maintenance, repair, and insurance. I have had several meetings with representatives of the property owners in the last two weeks. The property owners want to engage the City in a dialog about where we go from here. In my view, that discussion is long overdue but it was difficult to have it with a lawsuit pending. So, I have reiterated the City’s long standing position, which is, that the City is willing, as a property owner with property and infrastructure protected by the wall, to pay its proportionate share of the costs associated with maintenance, repair, and insurance. How we get there is the tough part. But I wanted to be sure you were aware that those discussions are happening. Please let me know if you have questions or want to discuss this in more detail.
Global Warming Task Force: The Global Warming Task Force hosted a Public Meeting on Saturday, September 15, from 9:30 to 3 PM at the Islands and Ocean Visitor Center. The purpose of the Global Warming Task Force public meeting is to 1) present a draft Homer Climate Action Plan and 2) solicit feedback and ideas from the public before the report is finalized for presentation to the City Council in December. The meeting was well attended. Copies of the draft Climate Action Plan have been circulated publicly and we can provide copies to individual Council members who want them. I would encourage you all to read the draft in advance of the formal presentation you will get from the Committee in December. The Chair, Alan Parks, is scheduled to make presentations to most of the City Commissions and other community organizations like the Chamber of Commerce. The idea is to get as much input as possible before the final draft is submitted to the Council. The Committee wanted it to be known that the draft is very inclusive and it contains all of the ideas submitted. I am trying to fit some of the recommendations, (City recycling, changing out lights, policy amendments etc) into the 2008 budget.
ISO Review: The ISO representative was here last week for several days and he conducted a very thorough review of the City’s fire response capability. He interviewed dispatchers, and planning department staff, and took a long look at things like the water distribution system, Fire Department staffing and training, the available equipment and apparatus, etc. This review consumed a great deal of staff time, especially within the Fire and Public Works Departments. This was tough because everyone is so busy however, everyone recognized how important this is and did what they could to help. We should receive a report within the next few months. The report will give the City its new ISO rating. It will provide recommendations on steps the City can take to improve or maintain its rating. The City will have 90 days to respond and indicate what steps if any it is prepared to implement. If the Council chooses to implement some of the recommendations, it will have up to a year to do so. I mention this now because insurance rates are important to everyone in the City, but also because this could become another significant budget issue next year.
Jerry Yudelson Visit: Jerry Yudelson, a recognized expert on Green Buildings will be in Homer on Tuesday, September 25. He will be giving a lecture at the Islands and Oceans Visitor Center in the evening. During the day, he will do a presentation and discussion session at City Hall from 2 to 4 PM. The purpose of this meeting is to discuss the potential for green building in Alaska and to have a general discussion about the proposed new City Hall. This presentation is for the benefit of City staff. Members of the City Council, Boards and Commissions, and the GC/CM team are invited as well.
Fire Department Recruitment: The Fire Department just concluded a recruitment process for EMT’s. The Chief is pleased to report that we have 11 new recruits that have started the training and have provided the City with commitment letters. This is very good news and we hope all of the recruits complete their training and remain with the Department.
Fire Department / Engine 4. The Council asked some questions at the last meeting regarding the status of the RFP for construction of a new Engine to replace Engine 4. The Chief says that the RFP is almost complete and should be ready to be forwarded to vendors and advertised in the paper this week. The Chief says that there are at least 11 possible vendors that he is aware of and he intends to give them up to two months to put proposals together.
Country Club Estates / HEA Permit Update: Good News Here. This issue is now resolved. HEA has decided to bring power to Country Club Estates using boring technology and a utility easement that starts up on the Sterling Highway. There is now no need to use the Judy Rebecca Court Right of Way to extend power to that subdivision. Everyone seems happy about this solution. I would like to thank HEA for not giving up and continuing to work hard to find a solution.
AMHS / Warehouse: I believe we are making slow progress on this one. I did receive a note recently from the AMHS attorney stating that they were reviewing my latest proposal and would contact us soon for discussions. Recall that I told AMHS I would recommend to the Council that land on Lot 48 be made available rent free for the large warehouse and AMHS employee parking if they would agree to not build the warehouse right next to the ferry terminal. So, please take that under advisement and let me know if you have any comments or concerns about this.
City Hall / Town Plaza / Preconstruction Activities Kick-off Meeting: The City and Jay Brant have begin preconstruction activities. We are planning a public kick-off meeting next week, Wednesday, the 26^th, from 6 to 9
Council / PC Joint Meeting: A tentative joint meeting has been scheduled for the Committee of the Whole on September 24 (a change). You will recall that the Council and the Planning Commission agreed to meet in joint session on a quarterly basis. The Planning Commission would like to discuss the Gateway Overlay Zoning District and the Community Design Manual. Jo has tentatively placed these items on the Agenda. The Ethics Ordinance has also been mentions as an agenda item. Please let us know if this time and date is satisfactory and if there is anything you would like to add to the agenda.

Discussions are ongoing with Seawall residents in sharing maintenance/upgrade costs. The ISO Report will be completed with a score that determines insurance rates within the City. Improvements may be needed to boost the score, including a ladder truck for the Fire Department. Engine 4 could be purchased with cash or revenue sharing and the ladder truck could replace Engine 4 on the CIP. The City Hall/Town Plaza project will have a kick off meeting this week with the architects present. With an ambitious construction schedule, site civil work will be scheduled next summer. Contractor Jay-Brant has indicated it will be advantageous to stockpile materials (gravel) to get a jump in May. The construction phase has not yet been approved. Tesoro will be keeping their tug for two more years and has commissioned a brand new tug. There are concerns of the length of time it has taken to sell the old library building. There are issues and questions about the plat with easements and a stream that runs under the parking lot. Zoning questions need to be worked out as well.

Councilmember Stark voiced approval of including some of Global Warming Task Force recommendations in the 2008 Budget. The Transportation Advisory Committee said they will recommend Fairview Ave. move ahead and $500,000 HART funds for ROW acquisition be placed in the budget.

Increased lease rates for the airport terminal per DOT standards have not yet been determined. Underground installation of power lines for Country Club Estates is a possibility. Permits from DOT are needed along with additional costs to the property owners. There was discussion on the Seawall maintenance, where the responsibilities lie.

B. Question of the Week – Do you think that Expanding the Homer Harbor is an Important Project for the City? Why or Why not?

COMMITTEE REPORT

A. Comprehensive Plan Community Advisory Committee

Val McLay, Comprehensive Plan Community Advisory Committee Chairman, reported the committee is meeting regularly and listening to the community. Recommendations from the committee will be finalized and presented to Council. Mr. McLay is pleased with the public input and the Comprehensive Plan is working towards recreation and exercise for the community, not just for the kids. The more adults are involved, the more children will be involved in healthy growth.

B. Global Warming Task Force

C. Public Arts Committee

D. Transportation Advisory Committee

PENDING BUSINESS

A. Resolution 07-90, Of the City Council of Homer, Alaska Granting Use of City Land for Construction of the Proposed Reber Trail and Supporting an Application to the Alaska Recreational Trail Grant Program For Partial Funding. City Manager. Recommend adoption.

Memorandum 07-148, from Public Works Director thru City Manager as backup.

Memorandum 07-160, from Public Works Director thru City Manager as backup.

Motion on the floor from September 10, 2007:

NOVAK/WYTHE – MOVED TO ADOPT RESOLUTION 07-90 BY READING OF TITLE ONLY.

City Manager Wrede explained Resolution 07-90 was postponed due to questions about maintenance costs and money sources.

The trail will cost $159,000. There is a recreational grant of $50,000; $109,000 will come from the HART fund over a two year period. It will be the first project to use HART trail funds.

Asked about ADA standards for the trail, Public Works Director Carey Meyer commented the trail will meet ADA standards for recreational trails. Those standards are different than entrances to public buildings, as they allow for a steeper 6% to 8% slope. The trails will allow for resting areas.

VOTE: YES. HEIMBUCH, ROBERTS, WYTHE, SHADLE, STARK, NOVAK

Motion carried.

B. Homer City Council unapproved meeting minutes of September 10, 2007 Special Meeting and Regular Meeting. City Clerk. Recommend approval.

Councilmember Stark noted his comments on the proposition to raise sales tax under Resolution 07-92 pg. 12 of the Regular Meeting Minutes of September 10, 2007 need correction. The last sentence should read: The vote on the ballot proposition will reflect the fact that voters have had it up to and beyond their eyeballs with taxes.

Mayor Pro Tempore Novak asked for a motion for the change.

STARK/ROBERTS – SO MOVED.

There was no discussion.

VOTE: YES. NOVAK, ROBERTS, WYTHE, SHADLE, STARK

VOTE: NO. HEIMBUCH

Motion carried.

ROBERTS/WYTHE – MOVED TO APPROVE THE REGULAR MINUTES AS AMENDED.

There was no discussion.

WYTHE – POINT OF ORDER.

When the minutes were moved from the consent agenda, both the regular and special meeting were included.

VOTE: YES. STARK, NOVAK, HEIMBUCH, ROBERTS, WYTHE, SHADLE

Motion carried.

WYTHE/ROBERTS - MOVED TO APPROVE THE SPECIAL MEETING MINUTES AS PRESENTED.

There was no discussion.

VOTE: YES. SHADLE, STARK, NOVAK, HEIMBUCH, ROBERTS, WYTHE

Motion carried.

NEW BUSINESS

A. Memorandum 07-157, from City Clerk, Re: Request for Executive Session pursuant to AS §44.62.310(C)(1), Matters, the Immediate Knowledge of which would Clearly have an Adverse Effect upon the Finances of the Government Unit. (Updates to Pending Court Cases.) Conduct immediately upon approval. Page 199

WYTHE/ROBERTS - MOTION FOR THE APPROVAL OF RECOMMENDATIONS OF MEMORANDUM 07-157 TO CONDUCT EXECUTIVE SESSION.

City Manager Wrede said comments Mr. Griswold made earlier of reasons for going into Executive Session are well taken, and it was pointed out by the City Clerk also. This is not a general update on court cases; it is a briefing for Council on two lawsuits against the City and Police Department to talk about legal strategy.

STARK/WYTHE - MOVED TO PLACE AT THE END OF RESOLUTIONS FOR THE CONVENIENCE OF THE PUBLIC.

There was no discussion.

VOTE: YES. ROBERTS, WYTHE, SHADLE, STARK, NOVAK, HEIMBUCH

Motion carried.

VOTE: (main motion) YES. HEIMBUCH, ROBERTS, WYTHE, SHADLE, STARK, NOVAK

Motion carried.

B. Memorandum 07-159, from City Clerk, Re: Request for Executive Session pursuant to AS §44.62.310(C)(2), Subjects that Tend To Prejudice the Reputation and Character of any Person, Provided the Person may Request a Public Discussion. (Councilmember Shadle’s Failure to Appear for Ethics Hearing) Conduct immediately upon approval.

Removed from the agenda until Councilmember Shadle can be present, in person.

RESOLUTIONS

A. Resolution 07-94, Of the City Council of Homer, Alaska Reauthorizing the City Hall/Town Plaza Review Committee, Extending its Term, and Redefining its Mission and Tasks. City Manager. Recommend adoption.

Memorandum 07-161, from City Manager as backup.

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 07-94 by reading of title only.

WYTHE/ROBERTS – SO MOVED.

City Manager Wrede noted several developments since drafting the resolution. He would like to have the committee in place prior to Wednesday night and Thursday meetings. There has been discussion amongst interested people in changing the name of the committee to the Town Square Committee. It could be confusing to change the name several times and he would hate for the voters to think we are being deceptive. Planning Commissioner Lane Chesley’s opinion is there should not be any planning commissioner seats on the committee as the project will have to go to the Planning Commission for a CUP. There are two vacant seats to fill as Annie McGreenery and Renee Krause have declined to serve due to other commitments.

WYTHE/ROBERTS – MOVED TO AMEND THE TITLE OF THIS RESOLUTION TO BE A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA AUTHORIZING THE TOWN SQUARE COMMITTEE, ESTABLISHING ITS TERM AND DEFINING ITS MISSION AND TASKS.

Councilmember Stark opposed the changes and suggested leaving it status quo.

Councilmember Roberts agreed it was more descriptive to keep the present committee name and noted the lack of information in the resolution to authorize and establish.

NOVAK/WYTHE - MOVED TO CHANGE IT TO AUTHORIZING THE CITY HALL/TOWN SQUARE REVIEW COMMITTEE TO COVER PRIORITIES OF THE COMMITTEE.

NOVAK/WYTHE - MOVED TO WITHDRAW THE AMENDMENT.

VOTE: (withdraw) YES. STARK, NOVAK, HEIMBUCH, ROBERTS, WYTHE, SHADLE

Motion carried.

HEIMBUCH – POINT OF ORDER.

Councilmember Heimbuch voiced his need to end participation in the meeting at 8:53 p.m.

VOTE: (primary amendment) NO. SHADLE, STARK, NOVAK, ROBERTS, WYTHE

Motion failed.

NOVAK/WYTHE – MOVED TO AUTHORIZE THE ORDINANCE TO READ CITY HALL/ TOWN SQUARE REVIEW COMMITTEE.

Councilmember Wythe moved for a friendly amendment to include the correction of the title throughout the document wherever the title is listed.

Councilmember Wythe withdrew the friendly amendment.

VOTE: YES. ROBERTS, WYTHE, SHADLE, STARK, NOVAK

Motion carried.

ROBERTS/WYTHE - MOVED IN THE FIRST NOW, THEREFORE, BE IT RESOLVED TO CHANGE IT TO THE CITY COUNCIL HEREBY AUTHORIZES THE CITY HALL/TOWN SQUARE REVIEW COMMITTEE TO COMPLEMENT THE WORK OF THE CITY HALL/TOWN PLAZA REVIEW COMMITTEE AND EXTENDS ITS TERM TO MARCH 31, 2008, OR UNTIL PRECONSTRUCTION ACTIVITIES ARE COMPLETED.

There was no discussion.

VOTE: YES. ROBERTS, WYTHE, SHADLE, STARK, NOVAK

Motion carried.

WYTHE/SHADLE - MOVED IN THE SECOND WHEREAS TO STRIKE TWO PLANNING COMMISSION MEMBERS.

Council noted the information is historical to the original committee.

WYTHE/ROBERTS – MOVED TO WITHDRAW.

VOTE: (withdraw) YES. NOVAK, ROBERTS, WYTHE, STARK[1]

Motion carried.

WYTHE/ROBERTS – MOVED TO ADD ADDITIONAL BE IT FURTHER RESOLVED RIGHT AFTER THE NOW, THEREFORE, BE IT RESOLVED, INSERTING: A BE IT FURTHER RESOLVED THAT THE COMPOSITION OF THE CITY HALL/TOWN SQUARE REVIEW COMMITTEE SHALL BE TWO CITY COUNCILMEMBERS, TWO PARKS AND RECREATION COMMISSION MEMBERS, TWO MEMBERS OF THE FORMER TOWN CENTER TASK FORCE AND TWO MEMBERS AT-LARGE AS SEATED IN THE CITY HALL/TOWN PLAZA REVIEW COMMITTEE.

Discussion ensued on the makeup of the committee.

VOTE: YES. STARK, NOVAK, ROBERTS, WYTHE

Motion carried.

WYTHE/ROBERTS - MOVED IN THE SECOND BE IT FURTHER RESOLVED TO STRIKE “AND PLANNING COMMISSIONS”.

There was no discussion.

VOTE: YES. STARK, NOVAK, ROBERTS, WYTHE

Motion carried.

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

Motion carried.

NOVAK/ROBERTS – MOVED TO TAKE COMMENTS OF THE AUDIENCE BEFORE MOVING TO EXECUTIVE SESSION.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

COMMENTS OF THE AUDIENCE

Frank Griswold, city resident, questioned whether you can bind a new committee for the work of a previous committee. As to Resolution 07-53(A), the Town Center Development Plan was never adopted by the Kenai Peninsula Borough, so has no validity. The City of Homer has zoning authority but no planning authority, except making amendments to its own land use plan. The City should not be footing $100,000 for revision of the Comp Plan, as it is the KPB’s responsibility. It would be a good research project for the government class. The APOC disclosure must be enacted by a vote of the people and should be placed on the ballot. Council needs to address telephonic participation. Mr. Griswold had the impression neither party had a packet; it is wasting Council’s and the public’s time. If Councilmembers are allowed to participate telephonically the public should be allowed that option also. He commented on executive sessions, stating the general discussion should be at open meetings and the strategy should be discussed at executive session.

Leonard Wells, city resident, would like comments of the audience after executive session. He asked if audience comments were allowed on memorandums being introduced. APOC reporting should be for public vote, not Council vote.

In response to Leonard Wells earlier inquiry, Mayor Pro Tempore Novak explained memorandums are supporting documents.

Councilmember Stark commented there are 80 cities that have opted out of the financial disclosure of State Statutes.

WYTHE/ROBERTS – MOVED TO ADOPT MEMORANDUM 07-157 AND ADJOURN TO EXECUTIVE SESSION.

There was no discussion.

VOTE: YES. WYTHE, STARK, NOVAK, ROBERTS

Motion carried.

Mayor Pro Tempore Novak recessed the Regular Meeting to Executive Session at 9:18 p.m. and reconvened the Regular Meeting at 9:38 p.m.

Mayor Pro Tempore Novak stated Council was briefed on legal strategy on two pending lawsuits against the City.

COMMENTS OF THE AUDIENCE

Leonard Wells, city resident, reminded people in the audience to remember and exercise their right to vote.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans was not present.

COMMENTS OF THE CITY CLERK

City Clerk Johnson reminded the public to vote absentee or in person.

COMMENTS OF THE CITY MANAGER

City Manager Wrede had no comments.

COMMENTS OF THE MAYOR

Mayor Pro Tempore Novak commented he appreciates everyone bearing with us through the meeting. He appreciates the attendance this evening, despite some people fading away. He encouraged everyone to get out and vote October 2^nd for City Council seats and important initiatives on both the City and Borough ballots.

COMMENTS OF THE CITY COUNCIL

Councilmember Roberts commented she took the City Manager’s recommendation and viewed the improved state of Jeffery Park. She thanked the Public Works Department, as the park looks great. She is glad to see Mayor Hornaday is able to attend the Mayor’s conference in November, the National Climate Protection Summit. He has been the leader in global warming task force things and she appreciates his energy in that direction.

Councilmember Stark said lets end the meeting so he can go out and hit the bars for politicking.

Councilmember Wythe reminded the public of openings on the Economic Development Commission. There have been a couple recommendations about disbanding the commission, but it is important in the overall community development. Planning and zoning looks at one side, EDC looks at the other side to make sure restrictive regulations are not preventive. She encouraged those interested in seeing economic growth in community to go to the Clerk’s office for an application to serve on the EDC. It will get the commission back up and active and growth in the job market arena. Mr. Wells asked when he would talk about memorandums. They are items on the agenda and the public can speak at the beginning of the meeting under comments of the public under any item on the agenda.

ADJOURNMENT

There being no further business to come before the Council, Mayor Pro Tempore Novak adjourned the meeting at 9:43 p.m. The next Regular Meeting is scheduled for Monday, October 8, 2007 at 7:00 p.m. and the next Committee of the Whole is scheduled for Monday, October 8, 2007 at 4:00 p.m. A Special Meeting is scheduled for Monday, October 8, 2007 at 5:30 p.m. All meetings scheduled to be held in the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

______________________________

JO JOHNSON, CMC, CITY CLERK

Approved: _____________________

[1] It was noted at this vote Councilmember Shadle was no longer present by telephone.