Session 08-11 a Regular Meeting of the Homer City Council was called to order at 7:02 p.m. on April 14, 2008 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, WYTHE

 

                                    STAFF:                                   CITY MANAGER WREDE

                                                                                    CITY CLERK JOHNSON

                                                                                    CITY PLANNER MCKIBBEN

 

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 5:23 p.m. Agenda items were Waste 

Hauling Services – Homer Spit, Double Taxation of Fuel for Charters and regular Agenda items.

 

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 Heimbuch pulled Resolution 08-50.

 

The agenda as amended was approved by consensus of the City Council with the following changes:

City Manager’s Report - City Manager’s Report; Pending Business - Ordinance 07-28(A) – Written public comments; Resolutions - Resolution 08-45(S) – Written public comments, Resolution 08-50 – City Attorney comments, Resolution 08-53 – Memorandum 08-57 from City Manager Wrede as backup, and Resolution 08-54 – Requesting our Legislators and Governor Implore State Surveyors to Perform an Immediate Critical Access Hospital Inspection for South Peninsula Hospital.          

 

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

 

Roberta Highland, city resident, thanked Council and the Town Square Review Committee for their time and energy. Although the vote is disappointing, it is what it is and we now need to go forward. She was shocked to learn that $492,000 was already spent. When she was told to not worry, it was not City money she was mad. She asked Council to stop further spending for decisions to be made. She suggested developing a committee that is not so invested to look at it with a comprehensive view. We need to make do with what we have and live within our means.  People opposed the project because it would change the feeling of Homer from simple to glitzy, for a city of 5,000 it was too expensive, there are 20 people working in City Hall, and the City could make due with other options. The college and City Hall could be switched and the college could get what was promised. Ms. Highland would like the homesteader builder type to go with duct tape and see what they can do.

 

Leonard Wells, city resident, attended the Committee of the Whole and listened to discussion on Ordinance 07-28(A). He would prefer no permits and enforcement of the current regulations. The City spent a bunch of money on an ATV to run on the beach. If vehicles are not allowed, the permit for commercial use should include personal set netting on public and private beaches. He asked how the City plans to enforce access on private beach, and whether the police know where the private beach is? As to right-of-way to city property, the City could do an eminent domain and take from CIRI. He suggested the City be careful; if they think they have a hornet’s nest with $12.5 M for a new City Hall, an eminent domain would produce more trouble.

 

Barbara Howard, city resident, offered thanks for Resolution 08-54. The South Peninsula Hospital CEO and herself journeyed to Juneau for a successful meeting with the Governor’s office, with the promise that resolution to the insufficient number of surveyors would come soon.

 

Kevin Hogan, city resident, commented it would be nice to see the City Manager’s report and supplemental agenda on the webpage earlier in the week. Two department head positions need to be filled in Port and Harbor and Planning. He hopes the City advertises far and wide and structures the contracts so they are just not stepping stones. The City is training people for other city’s jobs. On Town Square, he hopes Council listens to the voters loud and clear. He had a sign on his garage before the election and started hearing all the honks. It was people signaling their approval. A lot of people called and said thanks for standing up, they can’t say anything due to repercussions. He doesn’t know who the people are, but Council should be aware.

 

Craig Gales, Alaska Waste, commented Council mentioned Fall would be a better time to put the garbage collection service out to bid. He thanked Council for considering it and looks forward to the Fall.

 

Robert Archibald, city resident, would like to see the area from Mariner Park to the Spit closed for motor vehicles. For those that like to ride horses and walk the area, motor vehicles sure stir things up. There is a lot of area east and west people can ride as far as they want.

 

Lloyd Moore, city resident, would like to see the garbage contract put off until Fall. He would like to put the other garbage hauling services separate, in two different bids.

 

RECONSIDERATION

 

None.

 

CONSENT AGENDA

 

(Items listed below will be enacted by one motion. If separate discussion is desired on an item, that item may be removed from the Consent Agenda and placed on the Regular Meeting Agenda at the request of a Councilmember.)

 

A.                 Homer City Council unapproved meeting minutes of March 24, 2008 Special and          Regular Meeting. City Clerk. Recommend approval.                                      

 

B.         Resolution 08-48, Of the City Council Approving the City of Homer 2008 Land          Allocation Plan. City Clerk.                                                                                   

 

            Memorandum 08-50 from Planning Technician as backup.       

                       

C.        Resolution 08-49, Of the City Council Certifying the Results of the City of Homer        Special Election held March 25, 2008 to Decide One Ballot Proposition. City Clerk.           

 

D.        Memorandum 08-48, from Mayor, Re: Appointment of Dean Ravin to the Economic   Development Advisory Commission, Robert Hartley to the Port and Harbor Advisory   Commission and Reappointment of Kyra Wagner to the Library Advisory Board.           Recommend adoption.

 

Moved to New Business.                                                                                 

 

E.         Memorandum 08-52, from Deputy City Clerk, Re: Liquor License Renewal for Captain          Patties Fish House. Recommend non objection and approval.                     

 

Mayor Hornaday called for a motion for the adoption and/or approval of the recommendations of the consent agenda as read.

 

NOVAK/SHADLE – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

VISITORS

 

A.        Candidates for City Council – Barbara Howard, David G. Lewis, Micheal Neece,     Leonard Wells and Bryan Zak (3 minutes each)                                       

 

Barbara Howard, city resident, commented there are qualified candidates and she appreciates Council’s consideration.

 

David Lewis, city resident since 1989, has seen many changes over the years. He supported the library and Town Square. It is good for growth of the college community. He raised his children here; there are fine schools and caring adults. The City is no longer attracting young families due to the lack of jobs. Homer is attracting those that have raised families elsewhere and are now retired. We are losing most kids that graduate. After college there is not a lot to come home to. We need to attract well paying jobs to Homer, so the City grows and is sustainable. Homer needs to look to newer ways of doing old things. A fresh face and new ideas are what City Council needs.

 

Micheal Neece, Homer resident for 27 years, has served on various boards around the state, including Cook Inlet Regional Citizens Advisory Commission, the Global Warming Task Force, Economic Development Advisory Commission, Sustainable Homer Committee and is working with Mark Gregory to set up an economic development district incubator for Homer. He brings a strong awareness of technologies and economic conditions. As a writer and film maker he is aware of this. He is working on a seven-hour documentary on Statehood celebration for Alaska maritime history. Choosing something randomly from the council packet on the waste Homer generates, with existing technologies the solid waste could go into a solid waste generation plant and the methane from our liquid waste could create energy. A net metering program would allow monies for selling back energy from our waste, and would pay for itself quickly.

 

Leonard Wells, city resident, thanked Council for their attention and work. He has been a resident of the area for 12 to 15 years. He is the business owner of Kharacters; he is sort of absentee, as he has someone else running it since they handle it well. Mr. Wells has plenty of time to contribute to a City Council position. The Council should be keeping both property and sales tax as low as possible. We need to have reserves for emergencies when the taxes go down. The City has been loosing population in the last 3 to 5 years. One prior speaker pointed out we need to live within our means; we need to sort out what our needs are, not our wants. When Council was going forward on City Hall they did not even ask the voters if they needed it, they just stated it as fact. That was the main reason for the failure; voters did not feel it was needed so voted it down.

 

Bryan Zak, city resident, thanked Council for the opportunity to come before them and explain what is important for the City of Homer. Economics and finding what works, bringing people together is what is important. City Council does a wonderful job of addressing tough issues. Sustainable and renewable energy is critical due to energy costs. The Boys and Girls Club lost federal funding and are currently using the Plan B building. He would hate to see anything happen to them. We need a floor for the hockey rink that would bring more tourism and conferences. He urged Council not to give up on Town Square, as when Anchorage did their conference center they had to go around a couple times. He asked that his application for City Council be pulled.

 

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH    REPORT/COMMISSION REPORTS

 

A.                 Canvass Board Report – Deputy City Clerk Jacobsen

 

Deputy City Clerk Melissa Jacobsen reported on the Special Election. There were 4,253 registered voters; 1,134 voted for a 27% voter turnout. There were 386 yes votes and 748 no votes. She visited the voters at the hospital’s long term care and the Senior Center to allow them a chance to cast their ballot. The primary election is in August, the Borough and City elections in October and the General Election in November.

 

 

 

B.         National Library Week 2008 Proclamation                                                      

 

Michael Hawfield, Chariman of the Library Advisory Board, reported it is a busy time. The LAB is creating a Library Improvement Plan and pushing forward ideas, projects and concepts as recommendations to Council. Dr. Sue Coble’s students completed a survey and it has been distributed in the community asking residents and visitors what they want to see in the library. The results will be tabulated soon. Former chair and member of the LAB, Nancy Lord, is the recipient of the prestigious Alaska Library Advocacy Award. Art exhibitions will be displayed in the library with the first show being artwork from McNeil Canyon Elementary School. National Library Week is April 13 – 19 with the library conducting a number of activities. Mr. Hawfield asked Council to recommend candidates to fill the LAB vacancy.

C.        Mayor’s Recognition – Chris Hutto as “2008 Alaska Enlisted Coast Guardsman of the Year”.                                                                                                             

D.        Certificate of Appreciation - Lane Chesley                                                       

 

E.         Mayor’s Statement – For What It’s Worth       

                                               

Mayor Hornaday reported he attended the Boys and Girls Club meeting and it looks like they are forming a local resource committee and will try to stay open this summer. He judged a debate at the Middle School on privacy; he was impressed with the students’ intelligence and presentation. The annual visit of the 3rd graders from West Homer Elementary was enjoyable.

 

PUBLIC HEARING(S)

 

A.        Ordinance 08-10, An Ordinance of the City Council of Homer, Alaska Amending        Chapter 21.32, Definitions by Adding a New Section Entitled “Dormitory” and       Amending Chapter 21.48, Central Business District, 21.49 General Commercial 1 and        21.50 General Commercial 2 by Adding Dormitory as a Permitted Use. Novak.            Introduction February 25, 2008, Referred to Planning Commission, Public Hearing and         Second Reading April 14, 2008.                                                                      

 

            Memorandum 08-51 from City Planner as backup.      

 

There was no public testimony.

 

NOVAK/ROBERTS – MOVED FOR THE ADOPTION OF ORDINANCE 08-10 BY READING OF TITLE.

 

ROBERTS/HEIMBUCH – MOVED TO AMEND TO DELETE THE WORDS “WITHOUT PRIVATE SANITATION FACILITIES (E.G. TOILETS, SHOWERS, OR BATHS)” FROM THE SECOND LINE IN THE BOLD AREA.

 

The Planning Commission has reviewed the ordinance and recommended the change due to their investigation into the definition of “dormitory”.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

ROBERTS/NOVAK – MOVED TO AMEND TO INSERT THE WORD “LIVING” AFTER RESIDENTIAL AND BEFORE PURPOSES IN THE BOLD AREA IN THE THIRD LINE DOWN.

 

The dormitory definitions included residential living purposes.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

ROBERTS/HEIMBUCH – MOVED TO AMEND THIS ORDINANCE TO DELETE THE WORD “WEEKLY” AND REPLACE WITH “MONTHLY OR PRE-ARRANGED”.

 

A dormitory could be when students came and stayed for only two days.

 

NOVAK/ROBERTS - MOVED FOR FRIENDLY AMENDMENT TO CHANGE FROM MONTHLY TO “GREATER THAN” WEEKLY.

 

City Planner McKibben clarified the recommendations of the Planning Commission.   

 

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

 

Motion carried.

 

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

 

Motion carried.

 

ROBERTS/NOVAK – MOVED TO AMEND TO DELETE THE LAST SENTENCE IN THE BOLD AREA: “A DORMITORY FOR STUDENTS MAY BE INCLUDED AS PART OF AN EDUCATIONAL INSTITUTION”.

 

It is already covered in the Code in other places.

 

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

 

Motion carried.

 

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

 

Motion carried.

 

ORDINANCE(S)

 

A.        Ordinance 08-14, Of the City Council of Homer, Alaska, Amending the FY 2008        Operating Budget by Authorizing the Expenditure of $289,964.00 from the Homer     Accelerated Roads and Trails Program (HART) Fund for Spruceview/Noview Road        Reconstruction and Paving Local Improvement District. City Manager/Public Works.             Recommend Introduction April 14, 2008, Public Hearing and Second Reading April 28,            2008.                                                                                                              

 

            Memorandum 08-56 from Public Works Director as backup.               

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-14 for introduction and first reading by reading of title only.

 

HEIMBUCH/NOVAK - SO MOVED.

 

Asked about the pavement sloughing off on one embankment, City Manager Wrede responded it is under a one-year warranty. The City will keep a close eye on it and if it is the contractor’s responsibility they will be asked to fix it.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

CITY MANAGER’S REPORT

 

A.                 City Manager’s Report 

 

  1. KESA Contract: Gordon Tans, Chief Painter, Regina Harville, and I spent seven hours last week with representatives from the Borough and the Kachemak Emergency Service Area. The purpose of the meeting was to start the negotiation process for a new contract that will cover 2008 and beyond. These negotiations are a little different this time because the new contract will be based upon KESA’s new strategic plan which calls for them to become independent of HVFD by January 1, 2010. The Plan has benchmarks for achieving these goals. The new contract will be structured so that KESA can gradually pay the City less under the contract as it assumes more responsibility and reduces the City’s effort. Finding a good way to disentangle the two departments in a way that is fair and equitable to all is a little challenging but I think we made good progress. We have agreed on most basic points and are about to review a revised document. The plan is to bring this contract to the Council for approval the first meeting in may. 
  2. Personnel Changes: Spring is here and change is in the air. In the last report, I told you that Port and Harbor Director Steve Dean has resigned to spend more time with his family. Steve’s last day on the job is May 2. The application period for his replacement closed April 4th. We are currently reviewing the applications and plan to be interviewing short-listed candidates this week. Lisa Vaughn, the Accounting Supervisor in the Finance Department recently departed for a job in Palmer. Laurie Moore has been named interim Accounting Supervisor and we hope to fill the position permanently within the next few months. Lisa left right before the audit and left Regina and her staff with a really big challenge in terms of audit preparation. However, the staff in the Finance Department pulled together, worked a bunch of weekends and overtime, and pulled it all together. They did an excellent job and I really appreciate it. Finally, I recently received a letter of resignation from City Planner Beth McKibben. Beth has accepted a job with the City and Borough of Juneau. Her last day on the job will be May 23. This is a big loss for the City of Homer but I think it is a really good move for Beth, both personally and professionally. I am not surprised Juneau and other cities were so interested in her. We wish Beth well and thank her for all of her hard and dedicated work over the past five years. I have attached Beth’s resignation letter because it includes a list of planning accomplishments the community has achieved together over the last five years. I think we all spend a lot of time beating ourselves up over the things we have not gotten done (or the public does it for us) but forget to remind ourselves about all that we have achieved. Beth’s letter provides a little reminder about that.  
  3. CIRI Negotiations: Negotiations are suspended for the moment given CIRI recent announcement that they are looking to sell all of the land the Corporation owns in the Town Center. No further action will be taken until the Council chooses a course of action regarding the City Hall / Town Center Project.
  4. University / Purchase Agreement: Negotiations are suspended until the Council choose a course of action regarding the City Hall / Town Center Project.
  5. Sulfur Shipments: AIMM Technologies recently contacted the Port and Harbor Office about shipping a large quantity of sulfur from the Deep Water Dock. The sulfur would come from the Tesoro Refinery in Kenai. It is a by product of the refining process. The sulfur is a valuable component of fertilizer and is commonly shipped from ports all around the world. This shipment would be headed to China. The sulfur would be transported in large enclosed bags and stored at the old chip pad until ships can come to the dock and take it away. We have done this several times before and have consulted with DEC, EPA, and Cook Inlet Keeper in the past. The environmental risks appear to be minimal and the Police and Fire Chiefs are taking part in the planning and inspection process to help assure public safety. What is different this time around is the size of the shipment. Estimates are that there are up to 70 tons of sulfur to be moved. AIMM wants to have it all trucked to Homer and shipped out in three months. That means there will be approximately 2000 double load trucks rolling 24/7 for three months. It could be one truck per hour. That is a lot of trucks and we are working with the shipper (Caryle) to see what we can do to reduce noise and other potential impacts. The Police Department will do Level 1 inspections on all of the Trucks before they haul any sulfur. The Fire Department is working with the shipper on fire prevention and response. There will be a watchman at the site 24/7 and a water truck. The company will pay to keep the dust down and re-grade and repair Freight Dock Road as necessary. This is a huge project that involves big contracts and many jobs for Caryle and for the longshoremen at North Star. Most of these workers live in the Homer area. This also means perhaps in the neighborhood of $500,000 in revenues for the Port and Harbor Enterprise Fund. That does not include sales taxes and other economic spin-off benefits. We are about to execute the short-term lease and Terminal Operations Permit. Trucks could start rolling as soon as April 15.
  6. Audit: The FY 2007 Audit was completed on Friday, the 11th. All went well and the auditors were very pleased with the City’s preparation. We anticipate receiving another good report. Many thanks to the Finance Department for its good work.
  7. Lease Committee Update: Leases have been executed with Bob’s Trophy Charters, Sportsman Supply, and Harbor Leasing LLC. We are about to execute a short term lese for the old chip pad with AIMM Technologies. Council has a resolution before it at this meeting authorizing the manager to enter lease negotiations with Kenai River Seafoods for Lot 9A on Fish Dock Road.
  8. Parking Lot Expansion / Spit Trail: We are still planning  to construct the parking lot expansion this spring or summer but are having a very difficult time obtaining the ROW permit we need from DOT/PF. We applied for it well over a year ago.
  9. PERS and Revenue Sharing: Good News here! We received word on Friday that Governor Palin has signed the Revenue Sharing Bill (SB 72) and the PERS Relief Bill (SB 125). We are now guaranteed Revenue Sharing at some amount for at least the next four years. I will have more precise information for you about both revenue Sharing and PERS at the next meeting.
  10. Water Treatment Plant Update: We have issued a Notice Of Award / Limited Notice to Proceed letter to the low bidder (Udelhoven Oilfield Services, Inc). The contract price we have agreed to is $8,639,359; approximately $300,000 less than the bid. The contractor plans to commence construction in May. All remaining land isues should be resolved by that time. 

 

City Manager Wrede announced the ceremony and tour for the M/V Vigilant Response Tug on April 21st beginning at 3 p.m. on the Pioneer Dock.       

 

Mayor Hornaday commented he worked on the tug in Cook Inlet for 10 years. A tug is not required by the federal government; Tesoro has done this on their own. The tug is strong enough to handle loose tankers.

 

B.         Question of the Week                                                                                      

 

C.        Bid Report                                                                                                      

 

11.       COMMITTEE REPORT

           

A.        Comprehensive Plan Community Advisory Committee

 

B.         Public Arts Committee

            (April 17, 2008 Worksession 10:00 a.m. and Regular Meeting 11:00 a.m.)

 

C.        Transportation Advisory Committee

            (April 15, 2008 Regular Meeting 5:30 p.m.)

 

            Memorandum 08-53, from Transportation Advisory Committee, Re: Direction and        Attendance from Appointed Staff                                                                                                                

 

D.        City Hall - Town Square Review Committee

 

E.         Permanent Fund Committee

 

F.         Lease Committee

 

Mayor Hornaday called for a recess at 7:52 p.m. and reconvened the meeting at 7:58 p.m.

 

PENDING BUSINESS

 

A.        Ordinance 07-28(A), Of the City Council of Homer, Alaska, Amending Chapter 19.16            of the Homer City Code Regulating the Use of the Motor Vehicles on Beaches in the City and Establishing Permit Requirements. Mayor. Introduction July 23, 2007, Public         Hearing August 13, 2007, Second Reading April 12, 2008.      

 

Mayor Hornaday called for a motion for the adoption of Ordinance 07-28(A) by reading of title only for second and final reading.                       

 

HEIMBUCH/ROBERTS - SO MOVED.

 

It was the consensus of the Council that there are existing regulations in place, action has been taken for enforcement by the purchase of an ATV and enforcement officers on the beach. The ordinance could be revisited after we see how the enforcement works.

 

HEIMBUCH/NOVAK - MOVED TO POSTPONE TO THE FIRST MEETING IN OCTOBER.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Resolution 08-30, Of the City Council of Homer, Alaska, Implementing the Recommended Changes to the Design Criteria Manual for Streets and Storm Drainage Rural Roads Classification Regarding Prism (Road Widths) Template, Vertical Curve Speeds, Backslopes, Intersection Grades, Road Grades and Cul de Sac Radius. Transportation Advisory Committee.                                                                                                                

 

            Memorandum 08-32 from Homer Transportation Advisory Committee as backup.                                                                                                                                                                                                                                                                                                                                                                   

            Memorandum 08-41 from Public Works Director as backup.                                                   

            Memorandum 08-43 from Fire Chief as backup.

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-30 by reading of title only.        

 

HEIMBUCH/NOVAK – SO MOVED.

Councilmember Heimbuch commented the resolution will probably fail. There was a disconnect from the department and a lot of work done by the TAC. It resulted in the resignation of someone who was a good contributor to the TAC. He encouraged the City Manager to minimize when these things come up, as it sends a bad message to the committees and commissions.

 

Councilmember Novak expressed the importance of having a Public Works representative on the TAC, either Public Works Director Meyer or someone in his place for communication between Public Works and the TAC.

 

VOTE: NO. WYTHE, SHADLE, NOVAK, HEIMBUCH, ROBERTS

 

Motion failed.

 

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

 

            Memorandum 08-45(S) from Public Works Director as backup.                      

            Memorandum 08-54 from City Manager as backup.                                        

 

From March 24, 2008: MOTION ON THE FLOOR: FOR THE ADOPTION OF SUBSTITUTE RESOLUTION 08-45(S).

 

Councilmember Shadle declared a conflict of interest and excused himself from the bench.[1]

 

Councilmember Wythe recognized the contentious issue, if voted up or down. There are a couple questions to ask, do we have it located in the appropriate place and is the lot in the appropriate place? If so, and State funding is available when we move forward we are going to have to have a design. There are varying degrees of incremental involvement: to show commitment to the college, to those in the Town Square program and the community as a whole. People that voted against are not all opposed to Town Square or City Hall. Council did not do as much diligence to make people informed. There was a lot of work with the committee, but not a lot of additional outside interests coming to the meetings. There is nothing against City Council working as a whole to show faith in the project. Council didn’t put themselves out there as much as they could have. It is very apparent some community members don’t support the idea. If we move forward we could provide education; Council did not provide due diligence to make sure the community knew.  If we don’t think the building is in the right place there is no point in designing it.

 

Councilmember Novak commented that based on where the process is and community input and desire to develop the Town Square area, the best thing is to suspend consideration of the 65% contracts.

 

NOVAK/ROBERTS – MOVED TO TABLE THE RESOLUTION.

 

VOTE: YES. ROBERTS, NOVAK

VOTE: NO. HEIMBUCH, WYTHE

 

Motion failed.

 

Councilmember Heimbuch agrees that we need to go ahead with the project. It goes back to the $50M pie in the sky East Boat Harbor expansion that the City readily agreed to spend $150,000 of their own money on. The boat harbor expansion is far less well conceived than the Town Center project. The people he has listened to have nothing against us engaging in proper planning. Even though he has had reluctance about the project, the process is entirely proper. Councilmembers who have the most heartburn about the project may vote for continuation of the 65% design. People in the community he has talked to believe it is just the wrong time. There is a lot of anxiety; they are not really against the idea at some point in the future. We have started some ground work and are spending money. The time to drop it is not now. This is the way planning is done. This is the State money and we need to figure out a way to make it okay.

 

Councilmember Roberts voiced her opposition against continuation as we are not going to be involved in building the Town Hall at all this construction season. The 65% design phase could be considered in the Fall. We could work with citizens to educate them and find out what reservations they may have against the project. At this time she is not going to vote to spend the rest of the money.

 

Councilmember Novak pointed out there is $2M from the State for the City Hall project and we have until 2011 to complete the project. He would not vote on the 65% design phase, but rather use the money to secure the land for the proposed Town Square area that currently belongs to CIRI. We need to secure access to the City’s property. That is the real priority. We can come back in the Fall and propose to relook at the design.

 

Councilmember Heimbuch stated he was not prepared to have a “no” vote echo through the University of Alaska hierarchy.

 

HEIMBUCH/ROBERTS - MOVED TO POSTPONE TO THE FIRST MEETING IN OCTOBER.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

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

From March 24, 2008: MOTION ON THE FLOOR: FOR THE ADOPTION OF SUBSTITUTE RESOLUTION 08-46(S).

 

Councilmember Shadle declared a conflict of interest and excused himself from the bench.[2]

 

HEIMBUCH/NOVAK - MOVED TO POSTPONE CONSIDERATION OF THIS RESOLUTION TO THE FIRST MEETING IN OCTOBER WITH RESOLUTON 08-45(S).

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

              

NEW BUSINESS

 

A.        Memorandum 08-49, from City Clerk, Re: Selection/Appointment of Councilmember to          Fill Vacancy.   

 

HEIMBUCH/NOVAK – MOVED FOR A SECRET BALLOT VOTE.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

WYTHE/ROBERTS - MOVED THAT BRYAN ZAK’S NAME BE REMOVED AS PER HIS REQUEST.

 

VOTE: 5 VOTES FOR BARBARA HOWARD.

 

Barbara Howard will be sworn in at the April 28, 2008 meeting.

 

Discussion ensued on the seating arrangements for Council. No action for alternative seating was taken.

 

D.        Memorandum 08-48, from Mayor, Re: Appointment of Dean Ravin to the Economic   Development Advisory Commission, Robert Hartley to the Port and Harbor Advisory   Commission and Reappointment of Kyra Wagner to the Library Advisory Board.           Recommend adoption.

 

WYTHE/NOVAK - MOVED FOR THE ADOPTION OF MEMORANDUM 08-48.

 

Councilmember Wythe questioned the city residency requirement for the appointment of Dean Ravin to the Economic Development Advisory Commission.

 

City Clerk Johnson responded there are two non-resident seats on the EDC.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

RESOLUTIONS

 

A.        Resolution 08-47, Of the City Council of Homer, Alaska, Commending Tesoro           Petroleum and Cook Inlet Regional Citizens Advisory Council (CIRCAC) for Stationing    the M/V Vigilant Response Tug in Cook Inlet Year Round. Mayor.

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-47 by reading of title only.        

 

HEIMBUCH/SHADLE – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Resolution 08-50, Of the City Council of Homer, Alaska, Calling for the Kenai            Peninsula Borough to Examine the Situation with Indirect Resale of Fuel/Oils for the    Charter and Tourism Vessel Industry which Results in Sales Tax Being Levied Twice.          Heimbuch.                                                                                                       

 

Resolution 08-50 was pulled under agenda approval.

 

C.        Resolution 08-51, Of the City Council of Homer, Alaska, Authorizing the City Manager          to Begin Lease Negotiations with Kenai River Seafoods for a Long Term Lease on Lot             9A, Port Industrial Subdivision, No. 4, Fish Dock Road. City Manager/Lease Committee.

                                                                                                                                   

            Memorandum 08-47 from Lease Committee as backup.

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-51 by reading of title only.

 

NOVAK/SHADLE – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

D.        Resolution 08-52, Of the City Council of Homer, Alaska, Awarding the Contract for   Construction Inspection/Contract Administration for the New Homer Water Treatment          Plant Upgrade Project to the Firm of HDR Alaska, Inc. of Anchorage, Alaska, in the          Amount of $398,710.00 and Authorizing the City Manager to Execute the             Appropriate      Documents. City Manager/Public Works.

                                                           

            Memorandum 08-55 from Public Works as backup.    

 

Mayor Hornaday called for a    motion for the adoption of Resolution 08-52 by reading of title only.                 

 

HEIMBUCH/NOVAK – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

E.         Resolution 08-53, Of the City Council of Homer, Alaska, Directing the City Manager to          Begin the Bid Process for Waste Hauling Services for the Homer Spit. Shadle.

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-53 by reading of title only.

 

SHADLE/NOVAK - SO MOVED.

 

SHADLE/ROBERTS - MOVED TO AMEND TO STRIKE “HOMER SPIT” AND ADD “SMALL REAR LOAD CONTAINERS AND ROLL OUT CONTAINERS” TO THE TITLE AND ALL WHEREAS CLAUSES.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

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

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

F.         Resolution 08-54, Of the City Council of Homer, Alaska, Requesting Our Legislators and Governor Implore State Surveyors to Perform an Immediate Critical Access Hospital     Inspection for South Peninsula Hospital. Mayor.

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-54 by reading of title only.

 

ROBERTS/NOVAK – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

COMMENTS OF THE AUDIENCE

 

Kevin Hogan, city resident, reported the State Senate passed Concurrent Resolution 21 establishing a Upper Inlet Cook Fisheries Task Force. Input is needed from City Council, as it is a huge threat to our economy.

 

Mayor Hornaday suggested Mr. Hogan write a resolution for City Council.

 

Robert Archibald, city resident, stated Beth Cummings has been pushing a trails project at Karen Hornaday Park. There has been a lot of input and hard work; he hopes Council gives it consideration.

 

COMMENTS OF THE CITY ATTORNEY

 

City Attorney Tans was not present.

 

COMMENTS OF THE CITY CLERK

 

City Clerk Johnson congratulated Barbara Howard.

 

COMMENTS OF THE CITY MANAGER

 

City Manager Wrede had no comments.

 

COMMENTS OF THE MAYOR

 

Mayor Hornaday stated we have lost a lot of Pioneers lately: Helen Alm, Melva Hillas, Elizabeth Appril, Dick Synhorst, Dr. Nakada, Paul Jones, Zelda Stone. We shall miss them.

 

COMMENTS OF THE CITY COUNCIL

 

Mayor Pro Tempore Novak asked the community to keep in mind the Town Center concept many people have tried to put forward. There has been resistance to do some things. Some people would like to see a park, others a large store and some do not want to do anything at all. It is a huge area in the middle of town with large potential for economic development. Council will look at ways to do that and hope the community can support some vision for Town Center. Suggestions and thoughts should be brought forward for discussion.

 

Councilmember Shadle believes most people in the community want to see the college expand and it should be Council’s primary focus. Wherever we may decide to build, we do all agree a larger college in the community is needed. He thanked everyone for putting their name in the hat; there were good choices. He offered congratulations to Barbara.

 

Councilmember Wythe congratulated Barbara and stated she was looking forward to working with her. Mrs. Wythe has very little vested in the concept of Town Center or a new City Hall; she has very much vested in the concept of economic development in the community of Homer. The one reason she ran for City Council was to try and encourage economic development. It comes in a lot of ways. We have a lot of things we would like to have in the community. The Mayor would like paved streets with sidewalks and gutters. They are not free. We talk about property and sales tax reduction, which are wonderful things. None of that happens unless something is done to replace the revenue stream. The City’s costs are not going down; they are rising just like home heating fuel and electric bills. If you pay a bill, the City pays a matching bill three to four times the amount. Nothing is free, nothing is getting less expensive. The only mechanism for trying to do something financially better for Homer’s citizens is to find a way to create economic development that gives us an alternative for creating more revenue. Mrs. Wythe is happy 27% of the people came out to vote. The community needs to decide if we want to pay for everything out of our back pocket for sales and property tax or make a commitment to economic development that will provide an alternative source of revenue.

 

Councilmember Heimbuch noted the interesting concept, that reduction of taxes must be followed with a replacement of revenue. The City’s fortune cannot come at the depletion of the public purse if there is no real growth happening. Keeping us solid and stable is a noble role of government and we may find ourselves faced with the fact that the City’s flushness has come without growth and we have reached into our pockets to subsidize. It will be interesting in the month to come, going from a stable town to a seasonal town. Property and sales tax always need to be balanced. It is going to be a real interesting philosophical battle between lowering the mill rate, giving some sales tax back, or asking people if they want to believe in the future of the City and leave taxation the way it is. He doesn’t pretend to have all the answers, but he does have some routes he would not prefer to go. Councilmember Heimbuch offered congratulations to Barbara Howard, even though he has to sit next to her!

 

Councilmember Roberts congratulated Barbara. She thanked the others that put their names forward; it is nice to see so many people interested in the City and wanting to give to the City. The opportunity may come to those folks some day too. Ms. Roberts supports the university in the community and she hopes none of the decisions she made will give the university the sense that she does not support them.

 

Mayor Hornaday stated he has been trying for 40 years directly or indirectly to expand the university.

 

ADJOURNMENT

 

There being no further business to come before the Council the meeting was adjourned at 8:31 p.m. by Mayor James C. Hornaday. The next Regular Meeting is scheduled for Monday, April 28, 2008 at 7 p.m. The next Committee of the Whole is scheduled for Monday, April 28, 2008 at 4 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] Mayor Hornaday had previously ruled Councilmember Shadle’s conflict of interest on March 24, 2008.

[2] Mayor Hornaday had previously ruled Councilmember Shadle’s conflict of interest on March 24, 2008.