Session 08-22 a Regular Meeting of the Homer City Council was called to order on August 11, 2008 at 7:00 p.m. by Mayor James C. Hornaday at the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

 

 PRESENT:    COUNCILMEMBERS:       HEIMBUCH, HOWARD, NOVAK,                                                                                                   ROBERTS, SHADLE, WYTHE

                       

                       STAFF:                                   CITY MANAGER WREDE

                                                                       CITY CLERK JOHNSON

                                                                        CITY PLANNER ABBOUD

                                                                        PLANNING TECHNICIAN ENGEBRETSEN

                                                                        PUBLIC WORKS DIRECTOR MEYER

 

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

 

Council met as a Committee of the Whole from 4:00 p.m. to 5:24 p.m. Agenda items were: 2009 Budget – Revenue Sources for Enterprise Fund, Presentation By Daniel Lerch Re: Post-Carbon Institute and Regular Meeting 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.)

 

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

Public Hearing(s) - Ordinance 08-28 – Capital Project Budget – backup; Ordinance(s) - Ordinance 08-40 – Amending the Homer Zoning Code to Remove Certain Provisions Concerning Size Limitations on Wholesale and Retail Structures that were Invalidated by the Alaska Supreme Court., and Visitors - Representative Paul Seaton.                                

 

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

 

Leonard Wells, city resident, questioned Council on the following: Ordinance 08-39 – how much was asked for as to how much was received and if there was any requirement for matching funds to get the money. Resolution 08-85 – if the attorney doesn’t work any hours per month, do the hours/funds roll over. Resolution 08-86 - why is the City involved since it is not a City building. Resolution 08-87 – what is the cost to taxpayers if accepted.

 

Kevin Hogan, city resident, commented Dr. Maw provided an important presentation. Council passed a resolution regarding the Cook Inlet Salmon Task Force. He checked with Senator Wagoner’s office and he did not receive the resolution. He asked that the resolution is followed up on and they come here for hearings. Resolutions 08-86 and 08-87 could be put out to bid in the RFP process, utilizing the process in the procurement policy. It may produce new ideas from other parties, such as a multi-fuel boiler. He wished City Attorney Gordon Tans well in his future endeavors; it is a very admirable undertaking.

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 July 28, 2008 Special and Regular             Meeting. City Clerk.                                                                                                 

 

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

 

NOVAK/SHADLE – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

VISITORS

 

A.        Roland Maw, Executive Director, United Cook Inlet Drift Association              

 

Roland Maw, Executive Director of UCIDA, is a longtime commercial fisherman in multiple species. The Cook Inlet Salmon Task Force will come forth with recommendations, laws and statutes for passage. He asked for support from the City Council if those recommendations are adverse to our economic well-being. Mr. Maw referenced Kenai Peninsula Borough data for fish landings: commercial fishing activity of landings within the KPB - 32.5M lbs. is worth $38M. KPB residents with landings outside the Borough - $80M lbs. is worth $38M. Non Borough residents with landings within the KPB – 26M lbs. is worth $62M. Pounds landed by all groups is 139M, worth $139M. 

 

Boats, fishermen and crewmembers are multiple fisheries. Since 1973 there has been a redistribution of limited entry permits within the State of Alaska. A lot of fishermen have chosen to live on the KPB for quality of life issues. While they may fish elsewhere, they still moved their families here. Since 1973, 1,300 families have moved here, all fishermen. UCIDA has tried to give the message to the task force, although they have resisted it. The other issue is in order for MatSu to have any substantial sockeye return, they believe they have to break the back of the Kenai sockeye return. Currently kings, coho, and sockeye returns in the Upper Cook Inlet are healthy numbers. An argument MatSu has made is that if not for the Kenai return they would have a healthy number of the fishery. There are 162 lakes, streams and waterbodies in the MatSu that now have northern pike, an aggressive and highly adaptive species, requiring low oxygen levels and capacity for reproduction.

 

B.         Beth Cumming, Friends of Woodard Creek

 

Beth Cumming provided history and her perception of the Karen Hornaday Park and Woodard Creek beginning in the 1950’s through current times: 

·        1950’s the fairgrounds became Karen Hornaday Park. A culvert was installed and plenty of fill added in the area opposite the red shed. The creek bed then was much more shallow; 10 to 15 ft. less than its current depth.

·        1975 Al Poindexter took a track team running in the park. Someone started filling in the creek and made a mess.

·        1976 Woodard Creek ran through the top in the area designated as parking. Fill that began in 1976 has forced the creek to move eastward from 100 to 200 ft. Heavy rains caused flooding.

·        1980’s fill added to the lower end of the intended parking area.

·        1999 KPB leased land for the hospital addition, a 99 year lease. The hospital was added with much dirt pushed over the bank. Up to 2002 large amounts of fill over the edge of the bank; erosion began to occur. Vegetation was killed on the side of the bank, making it more erosion prone.

·        2002 Woodard Creek was squeezed between narrow walls. Another heavy rainfall resulted in undercutting of the east bank.

·        2007 hundreds more loads of fill were added to the parking lot with an intent to terrace.

·        2008 road contractor commented flooding will happen again. Alders hide the bank of dirt and the creek as it once existed. Plus they hide huge amounts of fill pushed over the bank. Alders hide the history of how the fill has impacted Woodard Creek. Parking has made a negative impact; it is a mess when entering KHP. Parking was made for Little League and softball families. It is ineffective long term planning; there is no follow through. The park provided a cheap place to get rid of fill. It is a sad grandeur when you look out at Kachemak Bay.

 

Jim Preston explained the changes in the flow of Woodard Creek. Fifty to seventy years ago the creek was canalized. The flow has sped up and is digging a hole in the ground. The creek is now 10 to 15 ft. deeper. The creek ends up at Etude Studio, goes down by the Mermaid Café, deepening itself as it travels down. The flow is not too much of a problem, unless it floods. Mr. Preston believes a trail will make people take care of what we have left.

 

C.        Representative Paul Seaton

 

Representative Paul Seaton provided an update of the special Legislative sessions. The Alaska Gasline Inducement Act (AGIA) was approved as well as energy relief for Alaskans. A resource rebate of $1,200 per person will be issued with the Permanent Fund Dividend this fall. Suspension of the 8¢ per gallon motor fuel tax for aviation, marine and highway fuel will become effective September 1st. An additional $60M was appropriated to the Weatherization Program, a popular program that allows Alaskans to reduce energy bills on their homes through energy efficient improvements.

 

Mayor Hornaday called for a recess at 7:55 p.m. and reconvened the meeting at 8:01 p.m.                   

 

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH    REPORT/COMMISSION REPORTS

 

Steve Scarpitta, Economic Development Advisory Commissioner, expressed his enthusiasm with the commission. The group’s concern is that Homer businesses are served well, along with taxation and fishery issues. They are right on target and Council will see good results from the group.

 

Lou Stewart, Parks and Recreation Advisory Commissioner, reported last weekend Park Day was the best turnout ever. Moose Pretzel Disc Golf, a popular new sport in Alaska and the Lower 48, was played. The commission has been working on the Karen Hornaday Park Master Plan revision that will be forwarded to Council for their September 8th meeting. He encouraged Council to recognize the importance of the park for all its uses. The park is in dire need of improvements and updates. Mr. Stewart commented on the positive effects of parking enforcement and beach patrol on the Spit. Next year Jack Gist Park will be ready for the adult softball league due to volunteer labor and city resources. Improvements to parking and bathrooms are needed for the park.

 

A.        Certificate of Appreciation – Attorney Gordon Tans                                         

 

Mayor Hornaday presented Attorney Tans with a certificate of appreciation in honor of 19 years of dedication and providing outstanding legal service to the City of Homer and its citizens. Mayor Hornaday added on behalf of the Council and community we have appreciated Mr. Tans’ many years. He has dealt with several city managers, lots of mayors and city councilmembers, other strange people, and has held up remarkably well. He wished Mr. Tans and his family well as they head to Africa.

 

Gordon Tans stated he has really enjoyed being Homer’s city attorney. It has been one of the most fulfilling parts of his legal career, mainly because there are so many interesting things in Homer. The people care and are outstanding.

 

B.         Homer Dock Expansion Project – Representative Paul Seaton Letter   

 

PUBLIC HEARING(S)

 

A.        Ordinance 08-24(S), An Ordinance of the City Council of Homer, Alaska, Combining             the Conflict of Interest Code 1.12 and the Code of Ethics 1.18 Entitled Conflicts of     Interest, Partiality, and Code of Ethics, Chapter 1.18. Roberts. Introduction June 23,     2008, Public Hearings July 28, 2008 and August 11, 2008 and Second Reading August 11, 2008.

 

There was no public testimony.                                                                                                

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-24(S) by reading of title only for second and final reading.

 

ROBERTS/NOVAK - SO MOVED.

 

ROBERTS/NOVAK - MOVED TO POSTPONE THE SECOND READING OF THIS ORDINANCE TO THE SECOND MEETING IN AUGUST.

 

A substitute ordinance with amendments as proposed by City Attorney Tans will be brought forward at the next meeting.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Ordinance 08-26(A), An Ordinance Amending the Homer Zoning Code to Change Size          Limitation on Wholesale and Retail Structures in the CBD, GC1 and GC2 Zoning      Districts. City Manager. (concerning size limitations on wholesale and retail structures that were invalidated by the Alaska Supreme Court.) City Manager.   Introduction July 28, 2008, Public Hearing and Second Reading August 11, 2008.   

                                                                                                                                   

            Memorandum 08-103 from City Attorney as backup.                          

 

Kevin Hogan, city resident, commented it is fairly clear what the public wants. He would like to see Council move towards the direction of what the public wants to see. The idea went through the Planning Commission, a different commission at that time. The public would like to see economic development and retail opportunities in Homer and let the market set the size limits. We do not need to set hurdles and obstacles in front of developers. Setting size limits thwarts development.

 

Ordinance 08-26(A) is an error. It does not contain the language to restore size limits per the Alaska Supreme Court decision. Ordinance 08-40 is the new ordinance that does.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-26(A) by reading of title only for second and final reading.

 

NOVAK/ROBERTS – SO MOVED.

 

City Attorney Tans advised it would be best to defeat Ordinance 08-26(A) and begin anew with Ordinance 08-40.

 

VOTE: NO. UNANIMOUS.

 

Motion failed.

C.        Ordinance 08-27, An Ordinance of the City Council of Homer, Alaska, Amending the             Homer City Code Section 21.53.040 to Add a Subsection to Add the Building Height       Limitation at Thirty-Five Feet. City Clerk. (HCC correction) Introduction July 28, 2008, Public Hearing and Second Reading August 11, 2008.                         

 

Leonard Wells, city resident, commented if we want to limit the carbon footprint, it would be difficult for 3, 4 or 5 ft. story buildings with a 35 ft. height limitation.

 

Upon the adoption of Ordinance 08-29 (Title 21 Rewrite), Ordinance 08-27 will need code section amendments. Postponement to the August 25th meeting was suggested to allow a substitute ordinance.

 

Mayor Hornaday called for a motion to postpone Ordinance 08-27 to August 25, 2008 for second and final reading.

 

NOVAK/SHADLE – SO MOVED.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

D.        Ordinance 08-28, An Ordinance of the City Council of Homer, Alaska, Accepting and Appropriating an Alaska Department of Natural Resources (DNR) Recreational Trails Grant of $50,000 for the Reber Trail and Authorizing the City Manager to execute the Appropriate Documents. City Manager/Planning. Introduction July 28, 2008, Public Hearing and Second Reading August 11, 2008.                                     

 

            Memorandum 08-98 from Special Projects Coordinator as backup.     

 

There was no public testimony.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-28 by reading of title only for second and final reading.

 

ROBERTS/HOWARD – SO MOVED.

 

ROBERTS/NOVAK - MOVED TO AMEND LINE 24 AND LINE 27 AND CHANGE THE ACCOUNT NUMBER FROM 165-925 TO 151-865.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

           

E.         Ordinance 08-29, An Ordinance Amending Homer City Code Chapter 21 Zoning and             Planning (Rewrite). Planning Commission. Introduction July 28, 2008, Public Hearing          and Second Reading August 11, 2008.                                                

 

            Memorandum 08-97 from City Attorney as backup.                                        

            Memorandum 08-99 from Acting City Planner as backup.        

 

There was no public testimony.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-29 by reading of title only for second and final reading.

 

SHADLE/HEIMBUCH – SO MOVED.

 

Councilmember Roberts noted discrepancies regarding footprint and the Supreme Court decision. City Attorney Tans explained Ordinance 08-29 does not include the changes of Griswold vs. Homer. Ordinance 08-40 to be introduced later on the agenda contains the changes.

 

Asked if Ordinance 08-29 should wait until Ordinance 08-40 comes back to Council on August 25th, City Attorney Tans advised Council to pass Ordinance 08-29. Ordinance 08-40 assumes this ordinance is passed. Ordinance 08-29 took months to prepare, subsequent ordinances must be re-codified into Title 21.

 

Asked if the Planning Commission had reviewed Ordinance 08-29 prior to the Supreme Court decision, Planning Technician Engebretsen explained the Planning Commission reviewed Title 21 before the Supreme Court ruling. Ordinance 08-40 will adopt the changes of the ruling with the new format.

 

Floor area and square footage was discussed. Floor area is measured in square footage. Attorney Tans clarified Ordinance 08-26(A) was an error, Ordinance 08-40 returns Homer City Code to what was in place before the initiative passed, or how it has been amended subsequently by ordinances that were not invalidated.

 

Councilmember Howard’s Ordinance 08-30(S) is in review of the Planning Commission to adjust size limits.

 

Ordinance 08-29 is a clean-up of Title 21, mainly clarifications. There were ambiguities in the prior code and could have been interpreted one way or another. Clear statements were replaced. The intent was not to make big changes to the zoning code, but rather to reflect what is there now, but making it easier to implement, more clear in areas where it was ambiguous, removing conflicts where they were discovered through years of enforcement. It is not meant to be a policy change.

 

Councilmember Howard stated the rewrite of Title 21 is a significant tool for the Planning Commission and she is comfortable the commission has reviewed it and found it is a good working document.

As to Ordinance 08-40, the Supreme Court has said you do not make zoning changes based on public votes for the initiative process. City Attorney Tans suggested you approach the question of size limits not on what the public wants, but rather on what the community of Homer needs to satisfy the requirements of the city and its people. If you eliminate from your vocabulary what the public needs and the community plans, that would be the best way to go about making zoning changes on anything.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

           

F.         Ordinance 08-31, An Ordinance of the City Council of Homer, Alaska, Creating an Appointed Board of Ethics in the Homer City Code Section 1.79.  Roberts. Introduction July 28, 2008, Public Hearing and Second Reading August 11, 2008.

 

Leonard Wells, city resident, questioned the five members on the appointed Board of Ethics.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-31 by reading of title only for second and final reading.

 

ROBERTS/NOVAK – SO MOVED.

 

ROBERTS/ NOVAK - MOVED TO POSTPONE SECOND READING TO THE SECOND MEETING IN AUGUST.

 

A substitute ordinance will be brought forward as suggested by the City Attorney.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

G.        Ordinance 08-36(A), An Ordinance of the City Council of Homer, Alaska,      Appropriating an Amount Not to Exceed $60,000 from the General Fund Depreciation to            Replace the Dock at Ben Walters Park. City Manager. Introduction July 28, 2008, Public         Hearing and Second Reading August 11, 2008.                                    

 

            Memorandum 08-105 from City Manager as backup.

 

There was no public testimony.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-36(A) by reading of title only for second and final reading.                                   

 

WYTHE/ROBERTS – SO MOVED.

 

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

H.        Ordinance 08-37, An Ordinance of the City Council of Homer, Alaska, Accepting and Appropriating an Increase to the FY 2007 Legislative Water Treatment Plant Grant (Approved in FY 2008) in the Amount of $1,272,000, and Providing for the Local Match and Authorizing the City Manager to Execute the Appropriate Documents. City Manager.  Introduction July 28, 2008, Public Hearing and Second Reading August 11, 2008.

 

There was no public testimony.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-37 by reading of title only for second and final reading.

 

HOWARD/ROBERTS - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

I.          Ordinance 08-38, An Ordinance of the City Council of Homer, Alaska, Authorizing an Expenditure of Water Sewer Depreciation Reserve funds and Homer Accelerated Roads and Trails Program (HART) Funds for the Purpose of TVing and Repair of Sewers and Storm Drains. Public Works/City Manager. Introduction July 28, 2008, Public Hearing and Second Reading August 11, 2008.                                                   

 

            Memorandum 08-106 from Public Works Director as backup.

 

There was no public testimony.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-38 by reading of title only for second and final reading.

 

HEIMBUCH/HOWARD - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.            

 

ORDINANCE(S)

 

A.        Ordinance 08-39, An Ordinance of the Homer City Council Accepting and      Appropriating a 2008 Volunteer Fire Assistance/Rural Fire Assistance Grant in the          Amount of $5,000.00 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/Fire Chief. Recommended Dates: Introduction August 11,    2008, Public Hearing and Second Reading August 25, 2008.

 

There was no public testimony.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-39 for introduction and first reading by reading of title only.

 

HEIMBUCH/HOWARD - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.            

 

B.         Ordinance 08-40, An Ordinance Amending the Homer Zoning Code to Remove Certain          Provisions Concerning Size Limitations on Wholesale and Retail Structures that were          Invalidated by the Alaska Supreme Court. City Manager. Recommended Dates:    Introduction August 11, 2008, Public Hearing and Second Reading August 25, 2008.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-40 for introduction and first reading by reading of title.

 

NOVAK/ROBERTS – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

CITY MANAGER’S REPORT

 

A.                 City Manager’s Report 

 

City Manager Wrede reported he spent most of last week in Emergency Management training. It is the expectation the Mayor and City Council will take the same training for response to emergency for FEMA and Homeland Security. Many of staff are certified up to Level 4 and 5. ISC 100 and 200, and NIMS 700 and 800.

 

City Manager Wrede received a call from the Soldotna city manager expressing his council’s concern of the proposed KPB initiative that would exempt non prepared food items from sales tax. It is a huge hit to the Soldotna general fund budget. Their City Council is voting on a resolution to ask first class cities to have an option to follow the exemption or not. Under State law, cities can tax additional items above and beyond if the KPB approves, but cannot exempt things. A year round exemption for non prepared food items in Homer would result in a $1.6M loss of revenue; a nine month exemption would be lost revenue of approximately $1M.

 

Councilmember Heimbuch commented that commodity amounts are declining over the last years. He received confirmation from Safeway, Ulmers and Petro Marine. The City has reaped the benefit of increased costs, while consumers and businesses are getting no more. Exempting sales tax on non prepared food is a good thing to do.

 

B.         Bid Report                                                                                                      

 

C.        Question of the Week  

                                                                                   

COMMITTEE REPORT

           

A.        Comprehensive Plan Community Advisory Committee

            August 14, 2008 6:00 – 8:00 p.m. with the Planning Commission

 

B.         Public Arts Committee

            August 21, 2008 Worksession 10:00 a.m. and Regular Meeting 11:00 a.m.

 

C.        Transportation Advisory Committee

            August 19, 2008 Regular Meeting 5:30 p.m.

 

D.        Permanent Fund Committee

            October 9, 2008 Regular Meeting 6:00 p.m.

 

E.         Lease Committee

 

PENDING BUSINESS

 

NEW BUSINESS

 

RESOLUTIONS

 

A.        Resolution 08-40(S), A Resolution of the City Council of Homer, Alaska, Confirming the Assessment Roll, Establishing Dates for Payments of Special Assessments and Establishing Delinquency, Penalty and Interest Provision for the Kachemak Drive Phase I Water and Sewer Assessment District. City Clerk. Postponed from March 24, 2008.

                                                                                                                                   

Motion on the floor from March 24, 2008: TO ADOPT RESOLUTION 08-40.

 

Mayor Hornaday called for a motion to substitute Resolution 08-40(S).

 

HOWARD/ROBERTS - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

HOWARD/ROBERTS  – MOVED TO AMEND THE ASSESSMENT ROLL FOR PROPERTY IDENTIFIED AS PARCEL NUMBER  179-360-24 HODNICK TO DEFER ASSESSMENT IN ACCORDANCE WITH RESOLUTION 06-74 WHICH ADDRESSES THE TWO LOTS OWNED BY THE SAME OWNER ACROSS THE STREET. ONE ASSESSMENT WOULD BE DEFERRED UNTIL THERE WAS A BUILDING ON THE PROPERTY.

 

There was no discussion.

 

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

 

Motion carried.

 

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

 

Motion carried.

 

B.         Resolution 08-85, A Resolution of the City Council of Homer, Alaska, Awarding the Contract for General Counsel Legal Service to the Firm of Birch, Horton, Bittner and Cherot of Anchorage, Alaska, in the Monthly Fixed Fee Amount of $11,000.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Manager.

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-85 by reading of title only.

 

HOWARD/NOVAK – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

C.        Resolution 08-86, A Resolution of the City Council of Homer, Alaska, Awarding the Contract for Design of the Boiler Replacement at the Middle School to EDC, Inc. of Anchorage, Alaska, in the Amount of $10,000.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Manager/Public Works.                 

            Memorandum 08-111 from Public Works as backup.

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-86 by reading of title only.                                

 

ROBERTS/NOVAK - SO MOVED.

 

Mayor Hornaday clarified the building is not what we now call the Middle School, it is the old school building which was the high school and is owned by the City.

 

Public Works Director Meyer explained the boiler is in the building the City acquired from the Kenai Peninsula Borough ten years ago. It is the location of the Boys and Girls Club and the college uses classrooms. The boiler is a museum piece, and Public Works has kept it operating up until now. It is a complaint of the Boys and Girls Club. The intention is to replace the boiler with two high efficiency oil burners to provide heat to the building.

 

Asked if it would apply to the Home Energy Rebate program, Mr. Meyer indicated it would be worth checking into. Asked what the savings on heating costs with the new boiler may be, Mr. Meyer answered there are no figures, but there would be significant savings over 1948 technology. They stopped making parts for the museum piece boiler in 1968.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

D.        Resolution 08-87, A Resolution of the City Council of Homer, Alaska, Awarding the Contract for Design of the Reber Trail to William Nelson and Associates of Kenai, Alaska, in the Amount of $15,000.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Manager/Public Works.                             

 

            Memorandum 08-112 from Public Works as backup.

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-87 by reading of title only.                                

 

HOWARD/NOVAK – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

COMMENTS OF THE AUDIENCE

 

Leonard Wells, city resident, asked Council when doing budget recommendations to keep in mind the needs of the city taxpayers versus the wants. He asked for the results of the special meeting about his water and sewer bill.

 

Carey Meyer, Public Works Director, thanked Gordon Tans for a fine job over the years. He will miss him.

 

COMMENTS OF THE CITY ATTORNEY

 

City Attorney Gordon Tans commented he was relieved Council approved the contract for the new attorney. He can now go with a good conscience. He thanked Mayor and Council and wished them well.

 

COMMENTS OF THE CITY CLERK

 

City Clerk Johnson thanked Gordon for all the help over the last 18 months and wished him well.

 

COMMENTS OF THE CITY MANAGER

 

City Manager Wrede commented he will miss Gordon greatly. He has been a great sport, friend, great legal counsel and he wished him well.

 

COMMENTS OF THE MAYOR

 

Mayor Hornaday wished Gordon well. It is not often city attorney’s leave in such a favorable condition. Senator Gary Stevens will meet with Mayor and Council at City Hall, Mayor’s office on Thursday, August 14th at 10:00 a.m. The public is invited.

 

COMMENTS OF THE CITY COUNCIL

 

Mayor Pro Tempore Novak thanked Gordon for his service and the opportunity to work with him. He wished Gordon the best of luck. Council goes through a lot of things at the meeting. The public may hear only if there was a second, discussion and if something passed, not knowing what happened. There are packets and kiosks around town to obtain the information on Council’s agenda. There are seats available on the Council. The Mayor’s position is up again and the filing period closes on August 15th. Anyone sitting up here has the opportunity to say yes or no and respond to issues of the community. He encouraged people to file, especially if they want to go to many emergency management meetings.

 

Councilmember Shadle thanked Gordon. He has been a very good attorney. His next endeavor of good work in Africa is awesome. He wished him good luck.

 

Councilmember Wythe wished Gordon well on his trip with safe travels. She hopes to see him back again or at least hear by email. In response to Mr. Wells question re: Ordinance 08-31 why there would only be five council members in participation, if you are having an ethics hearing it is presumed one of the members would be disqualified because they are the reason you are having the ethics hearing.

 

Councilmember Howard commented while she has not had the opportunity to work with Gordon very much, she has observed him as a citizen and as a planning commissioner. She wished him good travels and asked for an annual update.

 

Councilmember Heimbuch told Gordon it was his great pleasure to know him. For the next Committee of the Whole he would like discussion on the depreciation on operating reserves to go along with the revenue picture.

 

Councilmember Roberts wished Gordon good luck and thanked him for everything he did for Homer.

 

ADJOURNMENT

 

There being no further business to come before the Council the meeting was adjourned at 9:09 p.m. by Mayor James C. Hornaday. The next Regular Meeting is scheduled for Monday, August 25, 2008 at 7:00 p.m. The next Committee of the Whole is scheduled for Monday, August 25, 2008 at 4:00 p.m. All meetings scheduled to be held in the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 

______________________________

JO JOHNSON, CMC, CITY CLERK

 

Approved: _____________________