Session 09-13 a Regular Meeting of the Homer City Council was called to order on June 8, 2009 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:             HOWARD, LEWIS, NOVAK, ROBERTS,                                                                             WYTHE, ZAK

 

                                    STAFF:                                  CITY MANAGER WREDE

                                                                                    CITY CLERK JOHNSON   

            FINANCE DIRECTOR HARVILLE

            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 4:02 p.m. to 5:08 p.m. regarding Boiler Replacement for the Middle School and Regular Meeting Agenda items. Council met for a Worksession from 5:38 p.m. to 6:43 p.m. for Northern Building Science Group/Technology Matrix Corporation, Proposal for the Sewer Treatment Plant to Turn Sludge into Methane for Heating or Electricity Production.

 

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 amended to add:

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS - Homer Animal Friends “Strut Your Mutt” Saturday, June 20th; American Cancer Society Relay for Life of Homer, June 12th & 13th. ORDINANCES - Ordinance 09-28(S), Substitute Ordinance Amending Homer City Code Section Chapter 1.48, Public Library, Amending the Number of Library Advisory Board Members from Outside City Limits from One Member to Two Members and Changing the Descriptive Title of Librarian to Library Director Within the Chapter. City Clerk. RESOLUTIONS - Resolution 09-57, Written public comments; Resolution 09-60(S), Awarding the Mid-Hill Pressure Reducing Vault Station Stairway Project to the firm of Steiner’s North Star Construction, Inc. of Homer, Alaska, in the Amount of $175,927.00; Memorandum 09-82 from Public Works Director as backup; Resolution 09-62, Backup information from Dr. Schimel.

 

The agenda as amended was approved by consensus of the Council.

 

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

 

Roberta Highland, city resident, President of Kachemak Bay Conservation Society, and Friends of Woodard Creek & Karen Hornaday Park, is supportive of Resolution 09-59. Much work has gone into the plan and successful fundraisers have been held.

 

Jack Wiles, city resident and member of Kachemak Bay Conservation Society and Friends of Woodard Creek, worked on the plan. The plan came to Council earlier and more information was needed on the restoration of Woodard Creek. Alaska State Parks provided pro bono work for their certified landscape architect to assist in site planning work. They reviewed an aerial photo that revealed concerns including traffic flow, pedestrian movements, and overall aesthetics of the park. Enhancement to those issues and restoration to Woodard Creek are needed. Moving the fill material, rather than removing it would be beneficial. The fill would go into the park entrance. They came up with three concepts to the park and the next step is detailed engineering drawings.

 

Kevin Hogan, city resident, spoke in opposition of Ordinance 09-29. He appreciates the Mayor’s vetoes and standing up to see some relief. He read a letter questioning the high water rates. Kodiak, Kenai and Soldotna have fixed rates for residential, metered rates for commercial, and set rates for different categories of business. The Kodiak industrial user pays 90 cents per 1,000 gallons of water, compared to $11.00 for Homer. Soldotna pays $2.34 for 1,000 gallons. The expense side of the equation needs to be looked at. Port and Harbor should be removed from the commercial users; the rates are high because the City dumps water into the harbor all summer.

 

Mike Dye applauded the Mayor for the veto and Councilmember Zak for his efforts to realize how critical it is for businesses here. After leaving the meeting last week, he learned Councilmember Novak does not pay city water and sewer here. It may be a conflict of interest with competitors who are highly impacted by this move. He was infuriated by that. Mr. Novak made a comment that it would be better for businesses to know the rates they would be paying for the next two years. There was discussion last week about future planning for funding of depreciation. It could be done now at this critical time all businesses are facing. He would contribute his time to explore other options and look at all the detail. As to the timing, even if it is a good plan, even a good plan is a bad plan if it is put in at the wrong time.

 

Mayor Hornaday stated he was not aware Councilmember Novak was on city water/sewer. He asked Councilmember Novak if it was so.

 

Mayor Pro Tempore Novak answered he is not on city sewer/water because it does not reach that far. To even elude to the fact that someone would create this for a competitive purpose is absolutely nuts. Mr. Novak has a whole lot of other expenses to support his water/sewer system, which makes it a wash.

 

Councilmember Wythe called for a point of order that the Mayor should refrain from a ruling on a conflict of interest until New Business is called. City Clerk Johnson confirmed the conflict of interest measure should be handled later. Mayor Hornaday retorted conflicts of interest happen all the time in the Legislature and are taken up immediately.  

 

Mayor Hornaday ruled no conflict of interest since Councilmember Novak has assured him his water/sewer systems are a comparable cost to water/sewer rates.

 

Leonard Wells, city resident, spoke to the Mayor’s veto. More time is needed on water/sewer rates and Council should decide if they will get the citizenry involved in questions relating to the water rates. Part of the problem the rates are so high is that they are handled as an enterprise system. Water and sewer is the basis of what the City should be providing, in addition to police and fire protection.

 

Kurt Marquardt, city resident, urged support for Resolution 09-59. He is a father and user of the park with his 10 year-old son, who grew up on playground equipment and on the ball fields. He has heard a lot of favorable comments to the proposed changes. His understanding of the water/sewer rates is that we are treating beach water versus well water. The fund handled as an enterprise fund is an unfair burden to those directly hooked up. The greater community benefits from the water system and consideration should be given to the system in that regard.

 

Beth Cumming, city resident, supports Resolution 09-59 and the Karen Hornaday Park Master Plan. A public hearing is reasonable, as the plan has dramatically changed. She appreciates what Julie Engebretsen and Jack Wiles have done. Ms. Cumming thanked the Friends of Woodard Creek and Karen Hornaday Park. Jim Preston is supportive of the proposed plan. A note from Marti McCleery was read.

 

Mayor Hornaday excused himself from the bench to testify as a citizen.

 

James C. Hornaday, city resident, commented Council has worked for months on the water/sewer rates, but it doesn’t mean they need to go into effect. Several times he has eaten at Land’s End and been the only customer at the restaurant. Two long-term residents are moving out of the city limits to build houses, as they can no longer afford to live in Homer. In driving back from Anchorage after the softball tournament, there was almost no traffic heading to Homer. Most seasonal businesses are down, and both young and old say they cannot afford to live in Homer. Homer has the highest taxes and highest water/sewer rates and is losing population. There are 1,035 users and 934 will see increases. Along with the huge HEA increases and borough assessments, we are driving people out of Homer. This type of action invites a tax cap. We need to have hearings in the fall when people are available and Kachemak City needs notice. No one has said why the rates have to go into effect now. He urged Council to uphold the vetoes, place the issue on the ballot and let the people speak. 

 

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 May 26, 2009 Regular Meeting.        City Clerk.                                                                                                     

                                                                                                                                   

B.        Memorandum 09-76, from Mayor, Re: Reappointment of Sharon Minsch to the Advisory Planning Commission.

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

 

ROBERTS/LEWIS - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

VISITORS

 

A.                Carmen Field and Sue Post, "Children in Nature".

 

Carmen Field is working on reconnecting children to nature. The past forty years children have become less connected to the outdoors, spending more time in front of a screen. She referenced a book “Last Child in the Woods: Saving Our Children From Nature-Deficit Disorder by Richard Louv. Hurried lifestyles, changes in family structure, over scheduling of kid’s activities, fear of stranger danger and a shift in the curriculum area are all accountable. Childhood illnesses such as obesity, diabetes, short term life expectancy, and depression among youth are on the increase. Studies show kids are smarter and more cooperative when exposed to the outdoors.

 

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH             REPORT/COMMISSION REPORTS

 

A.        Mayor’s Proclamation - "Homer Children's Outdoor Bill of Rights"            

 

Mayor Hornaday announced the Borough just received $700,000 to study the Beluga whales in the inlet. He is hopeful local people can participate in the study. A big Statehood party on July 4th will be held right after the parade. It is free to the public with 50’s music and a great feed. A large group picture of all the people in Alaska at the time of Statehood will be taken. Other events are Strut the Mutt on June 20 and Relay for Life Cancer, June 12 and 13. He congratulated both the softball and baseball teams at Homer High School who are going to State.

 

Bumppo Bremicker, Parks and Recreation Advisory Commissioner, thanked Council for rejecting the Karen Hornaday Park plan the first time, as it gave the Commission the opportunity to make it better. A smaller committee worked on the plan with good help from the Kachemak Bay Conservation Society, Friends of Karen Hornaday Park and Jack Wiles. The Karen Hornaday Park is the crown jewel of the park system. There is work to be done, much which will be paid by fundraisers and private individual contributions. 

 

Bill Smith, Kenai Peninsula Borough Assemblyman, reported the Borough will maintain the same mil rate. This year’s budget is a level one, the main increase to the Kenai Peninsula school system.  

 

PUBLIC HEARING(S)

 

A.        Ordinance 09-25, An Ordinance of the City Council of Homer, Alaska, Accepting New LifePak Cardiac Monitor / Defibrillator / Pacer Equipment Purchased by the Southern Region EMS Council with Code Blue Funding and Appropriating the Required Local Match in the Amount of $18,277.35 Pursuant to Resolution 07-99. City Manager/Fire Chief. Introduction May 26, 2009, Public Hearing and Second Reading June 8, 2009.                                                                                                              

                                                                                                                                                                                                                                                                                                           

            Memorandum 09-73 from Fire Chief as backup.

 

Mayor Hornaday opened the public hearing.

 

There was no public testimony.

 

Mayor Hornaday closed the public hearing.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 09-25 by reading of title only for second and final reading.                                                                                                              

 

WYTHE/LEWIS - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.        Ordinance 09-26, An Ordinance of the City Council of Homer, Alaska, Amending the FY 2009 Capital Budget by Appropriating $10,000 from the Port Reserves Fund for the Purpose of Deep Water Dock Buoy Repair. City Manager/Port and Harbor Director. Introduction May 26, 2009, Public Hearing and Second Reading June 8, 2009.                                                                                   

                                                                                                                                   

            Memorandum 09-75 from Port and Harbor Director as backup.

 

Mayor Hornaday opened the public hearing.

 

There was no public testimony.

 

Mayor Hornaday closed the public hearing.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 09-26 by reading of title only for second and final reading.                                                                                                              

 

WYTHE/LEWIS - SO MOVED.

 

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

C.        Ordinance 09-27(A), An Ordinance of the City Council of Homer, Alaska, Amending the FY 2009 Budget by Appropriating $13,000 from the Sustainability Fund for the Purpose of Funding a Contract Amendment with Deerstone Consulting, Assigning that Contract to Joel Cooper and a New Contract with Joel Cooper Related to Energy Consumption and C02 Emissions Tracking. City Manager. Introduction May 26, 2009, Public Hearing and Second Reading June 8, 2009.

 

Mayor Hornaday opened the public hearing.

 

There was no public testimony.

 

Mayor Hornaday closed the public hearing.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 09-27(A) by reading of title only for second and final reading.                                                                                                              

 

NOVAK/WYTHE - SO MOVED.

 

City Manager Wrede asked that the last whereas include “and the assignment of the new contract to Joel Cooper” and that the language also be included in the enactment Section 1. The City Attorney advised this language would provide consistency within the ordinance.

 

NOVAK/ROBERTS – SO MOVED. (TO INSERT THE LANGUAGE AS REQUESTED BY CITY MANAGER WREDE.)

 

There was no discussion.

 

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

 

Motion carried.

 

VOTE: (main motion as amended) YES. NON OBJECTION. UNANIMOUS CONSENT.[1]

 

Motion carried.

 

ORDINANCE(S)

 

A.        Ordinance 09-28, An Ordinance of the City Council of Homer, Alaska, Amending Homer City Code Section 1.48, Public Library, Amending the Number of Members from Outside City Limits from One Member to Two Members and Changing the Descriptive Title of Librarian to Library Director Within the Chapter. City Clerk. Recommended dates: Introduction June 8, 2009, Public Hearing and Second Reading June 22, 2009.

                                                                                                                                   

              Memorandum 09-77 from Library Advisory Board as backup.                   

 

A.        Ordinance 09-28(S), An Ordinance of the City Council of Homer, Alaska, Amending Homer City Code Section Chapter 1.48, Public Library, Amending the Number of Library Advisory Board Members from Outside City Limits from One Member to Two Members and Changing the Descriptive Title of Librarian to Library Director Within the Chapter. City Clerk. Recommended dates: Introduction June 8, 2009, Public Hearing and Second Reading June 22, 2009.

 

Mayor Hornaday called for a motion to substitute Ordinance 09-28(S) for Ordinance 09-28.

 

ROBERTS/LEWIS - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 09-28 for introduction and first reading by reading of title only.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.          Ordinance 09-29, An Ordinance of the City Council of Homer, Alaska, Amending the FY 2009 Operating Budget by Appropriating Funds in the Amount of $5,000 for Public Information on the Sales Tax Ballot Proposition, Including Without Limitation Information that May Influence the Outcome of the Election on the Ballot Proposition. Wythe. Recommended dates: Introduction June 8, 2009, Public Hearing and Second Reading June 22, 2009.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 09-29 for introduction and first reading by reading of title only.                                                                                                  

 

WYTHE/ZAK - SO MOVED.

 

Councilmember Wythe expressed the need to get the ordinance in place for funding. It gives Council the opportunity to provide information and avoid the situation we fell into last time with providing biased information. The ordinance does not say we are encouraging or discouraging people to vote in favor or not.

NOVAK/ROBERTS – MOVED TO AMEND 6TH WHEREAS TO SAY STARTING AFTER “MATCHING FUNDS,” AND “THIS WILL RESULT IN THE NEED TO ELIMINATE FUNDING FOR NONESSENTAIL SERVICES (PERIOD) AND DELETE THE REST OF THE WHEREAS AFTER THE PERIOD.

 

Identifying entities to cut will be decided during budget talks.

 

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

 

Motion carried.

 

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

 

Motion carried.

 

CITY MANAGER’S REPORT

 

A.        City Manager’s Report 

 

  1. Vehicle Impounds: The Homer Police Department and the Port and Harbor Department have been working together to clean up the Spit by removing abandoned and derelict vehicles. You may have seen some of the bright orange impound stickers on vehicles. The City does its best to located the owners and get them to take responsibility. Unfortunately, this is often not possible and the City ends up eating the costs associated with removal. The costs can include towing, impound yard storage fees, preparation for disposal, and transportation to the dump. We are trying to save money by eliminating the storage fees. The City is presently leaving the vehicles where they are as the notice period proceeds, draining the fluids on site, and transporting directly to the dump. We recover costs when an owner can be found. We do not have a budget for this and will be asking to add a line item in the Police budget next year.
  2. Icehouse Problems: Unfortunately, the Port and Harbor staff had problems with the icehouse at the worst possible time. Bryan reports that on Friday, the 29th, the delivery system at the plant malfunctioned and the plant had to be shut down. The staff worked all through the weekend to diagnose and repair the problem. In the end, by the time parts are ordered and installed, the plant could be down for as much as one week. This of course, is not good right in the middle of the halibut season. Since the ice delivery system did not work, fish buying crews had to go into the ice bin and manually shovel the ice out and into the totes. The City compensated them for this inconvenience by providing the ice for free. In the end, there were still 20 tons in the bin that had to be removed before repairs could begin. City staff removed it all by hand early this week.   
  3. Karen Hornaday Park Master Plan: The Parks and Recreation Commission approved the draft Karen Hornaday Park Master Plan at its last meeting and forwarded the Plan to the Council. A resolution approving and adopting the plan is on the agenda for this meeting. This draft plan is a significant upgrade and is much more comprehensive than the plan the Council sent back to the Commission last year for more work. This is a very interesting plan and it proposes significant changes to the layout of the park, address future uses, and makes recommendations on how Woddard Creek should be restored and managed. There are many interested parties and stakeholders when it comes to this park. It will be quite expensive to implement this plan over time. I would recommend that the Council take it’s time in reviewing the plan and perhaps hold at least one public hearing. The public might appreciate an opportunity to consider this plan and weigh in.
  4. Sales Tax Update: Attached is a summary of sales tax collected for March, April, and May prepared by Regina. These months are significant because they provide the first indicator of what the impacts of the unprepared foods exemption might be. You may recall that the figures for January and February were a little skewed because they contained transactions that occurred at the end of 2008. You can see that the sales tax revenues are under budget projections by an average of $50,000 per month. Recall that the projected sales tax revenues in this years budget  were already adjusted downward in anticipation of the impacts the exemption might have. Early indicators are that we might have underestimated the impacts.   
  5. Bridge Creek Watershed / Fire Management: On Thursday the 4th, the Regional Forester from DNR, Division of Forestry is coming to visit. He is coming here in part because I requested consultation regarding how we might plan for and mitigate the extreme fire danger that exists in the Bridge Creek Watershed around the City reservoir. The recent fire on East End road reminded us again that we have a potential problem right here within the City Limits that could affect the drinking water supply. The area around the reservoir is covered with dead and very dry Spruce trees. We need to agree on a plan to reduce the danger and protect structures if a fire does occur. Selective logging or construction of fire breaks are some of the options. If a fire occurs, we need to have a clear action plan on how to fight it. For example, it is likely that the City would not allow fire suppressing chemicals to be applied near the reservoir. The City is also not likely to let it burn because of all the structures that are in the immediate area ( including the pump station and treatment plant. Ash from the fire could be a problem, as could erosion and runoff after a fire. We will involve the Council and engage the public before implementing any plan, and especially before cutting any trees. 
  6. Boiler Replacement / Old Middle School: The Council has set aside some time at the Committee of the Whole to discuss whether to proceed with the boiler replacement project at the Old Middle School. A resolution, drafted in the affirmative, is included on the regular agenda as an action item so that the Council can take action if it is prepared and inclined to do so.
  7. Anaerobic Digester: The Council has scheduled a Special Meeting on June 8th to hear a presentation and discuss the potential to apply for a Department of Energy grant to fund an anaerobic digester at the sewer treatment plant as a demonstration project. A resolution, drafted in the affirmative, is included on the regular meeting agenda as an action item so that the Council can take action if it is prepared and inclined to do so.
  8. Water Treatment Plant Update: Public Works has a setback recently at the new treatment plant during the testing phase. In short, some software failed or was not programmed properly, and damage occurred to some of the pipes. The problem is being repaired at the expense of the contractor. In hindsight, it is good to work out the bugs early. However, this does set the transition date back to the new plant back by about 30 days, toward the middle of June. Attached are copies of two change orders that were needed to repair the problem. The funds are being reimbursed by the contractor(s) and the added expenditures fall within the approved budget.
  9. Zoning Remand: At the last meeting, the Council remanded Ordinance 09-19, an Ordinance amending the Homer City Zoning Map to rezone portions of Urban Residential to Residential Office to the Planning Commission. I am a little concerned that the Council remanded this ordinance with very little instruction or guidance for the Planning Commission. Generally when items are remanded, the reasons for the remand are included so that the body who receives the remand understands the issues that need to be addressed. In this case, it was stated that there was confusion about the numbers and how many property owners supported the petition. There was also a vague reference to “other problems.” but nothing specific. I would encourage the Council to visit this issue again and articulate what it is exactly that it thinks is a problem or is lacking in the Commission’s findings. Otherwise, the Commission will be left wondering what needs to be addressed and it could waste a lot of time going down the wrong road or even, starting the whole process over. 
  10. Emergency Management Training: The City staff is making tremendous progress is obtaining the training and certifications it needs to be compliant with Federal NIMS requirements. I will provide more information at a future meeting. I would like to remind you that FEMA does require that the Mayor and the Council receive at least some of this training. Compliance is important if we are to remind eligible for disaster funding. Chief Painter will update you on this at a future meeting.    

                                                                                   

City Manager Wrede presented the figures on sales tax revenue for the months of March, April and May. Revenues are down $150,000 from budget projections, or $50,000 per month. In 2009 budget preparation, Council dropped the projected sales tax revenue by $800,000 due to sales tax exemption on non-prepared foods for the 9-month period. An accounting of citizen lawsuits against the City was provided. The Kenai Peninsula Borough property tax assessments for the five lots adjacent to Islands and Ocean Visitor Center is $28,200 for each lot.

 

The Regional Forester met with Administration to discuss fire mitigation measures, specifically by the water reservoir.

           

B.        Bid Report                                                                                                     

 

C.        Question of the Week                                                                                                

 

COMMITTEE REPORT

 

A.        Public Arts Committee

 

B.        Transportation Advisory Committee

 

C.        Permanent Fund Committee

 

D.        Lease Committee

 

PENDING BUSINESS

 

None.

 

13.       NEW BUSINESS

 

A.        Mayor’s Veto – Ordinance 09-22(A)(S)(A)                                                

 

An Ordinance Amending Homer City Code 14.04.040 And Homer City Code 14.08.080 To Provide For The Determination Of Sewer And Water Rates On A Biennial Basis, With New Rates To Take Effect With The First Full Month Of Service Beginning After July 1, 2009.

 

Mayor Hornaday called for a motion to override the veto on Ordinance 09-22(A)(S)(A).

 

NOVAK/HOWARD – SO MOVED.

 

There was no discussion.

 

VOTE: YES. ROBERTS, WYTHE, ZAK, HOWARD, NOVAK, LEWIS

 

Motion carried.[2]

 

B.         Mayor’s Veto – Resolution 09-47(A)                                                            

 

A Resolution Of The City Council Of The City Of Homer, Alaska Establishing A Schedule Of Rates And Fees For Water Service, And Repealing Resolution 07-119(A).

 

Mayor Hornaday called for a motion to override the veto on Resolution 09-47(A).

 

NOVAK/HOWARD – SO MOVED.

 

There was no discussion.

 

VOTE: YES. LEWIS, ROBERTS, WYTHE, HOWARD, NOVAK

 

VOTE: NO. ZAK

 

Motion carried.

 

C.         Mayor’s Veto – Resolution 09-48(S)(A)                                                       

 

A Resolution Of The City Council Of The City Of Homer, Alaska Establishing A Schedule Of Rates And Fees For Sewer Service, And Repealing Resolution 07-120(A).

 

Mayor Hornaday called for a motion to override the veto on Resolution 09-48(S)(A).

 

NOVAK/HOWARD – SO MOVED.

 

Councilmember Zak called for reconsideration on Ordinance 09-22(A)(S)(A). He asked other councilmembers to vote not to override the veto so the water/sewer rates would not increase. There is enough testimony not to increase rates right now. Without funding depreciation costs of $200,000 over the next two years, the rates could remain the same. An enterprise fund is a good solution. If we make it more economical for businesses to operate in Homer we will make more money when more users are hooked into the water/sewer system.  

 

Councilmember Lewis questioned the possible conflict of interest for Councilmember Novak that was brought up.

 

Mayor Hornaday ruled Councilmember Novak did not have a conflict. Usually conflicts of interest are brought up immediately and the councilmember is excused from participation. Asked if Council wished to overrule the Mayor’s decision on the conflict of interest, there was a negative response.

 

There was no discussion.

 

VOTE: YES. NOVAK, LEWIS, ROBERTS, WYTHE, HOWARD

 

VOTE: NO. ZAK

 

Motion carried.

 

WYTHE/ZAK - MOVED FOR IMMEDIATE CONSIDERATION OF ORDINANCE 09-22(A)(S)(A).

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Motion to override the veto on Ordinance 09-22(A)(S)(A) is on the floor:

 

Councilmember Zak agrees with the biennial review, but is not ready to raise the water/sewer rates.

 

VOTE: YES. HOWARD, NOVAK, LEWIS, ROBERTS, WYTHE

 

VOTE: NO. ZAK

 

Motion carried.

 

D.        Memorandum 09-79, from Special Projects Coordinator through City Manager, Re: Approval of 2010-2015 CIP Schedule and FY 2010 Legislative Request Development Schedule.

 

Mayor Hornaday called for a motion for the approval of the recommendations of Memorandum 09-79.

 

WYTHE/NOVAK - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

RESOLUTIONS

 

A.        Resolution 09-56, Of the City Council of Homer, Alaska, Approving and Accepting the Renewal of the Jail Service Contract for FY 2010 with the State of Alaska in the Amount of $416,244.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Manager/Police Chief.

 

            Memorandum 09-78 from Police Chief as backup.   

 

Mayor Hornaday called for a motion for the adoption of Resolution 09-56 by reading of title only.                     

 

ROBERTS/ZAK - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.        Resolution 09-57, A Resolution of the City Council of Homer, Alaska, Establishing a 2009 Mil Rate of Four (4) Mils for the Ocean Drive Loop Special Service District. City Manager.

 

Mayor Hornaday called for a motion for the adoption of Resolution 09-57 by reading of title only.                                                                                                          

 

HOWARD/WYTHE - SO MOVED.

 

The Ocean Drive Loop Special Service District is assessed an additional 4 mils, the same as last year. Property owners were notified the resolution was on the agenda.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

C.        Resolution 09-58, A Resolution of the City Council of Homer, Alaska, Awarding the Contract for the Reber Trail Construction Project to the Firm of Arno Construction of Kachemak City, Alaska in the Amount of $142,984.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk.       

 

            Memorandum 09-80 from Public Works Director as backup.

 

Mayor Hornaday called for a motion for the adoption of Resolution 09-58 by reading of title only.

           

LEWIS/NOVAK - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

D.        Resolution 09-59, A Resolution of the City Council of Homer, Alaska, Amending the Karen A. Hornaday Hillside Park Master Plan. City Clerk.                                                           

 

            Memorandum 09-81 from Parks and Recreation Advisory Commission as backup.

                                                                                                                                   

Mayor Hornaday called for a motion for the adoption of Resolution 09-59 by reading of title only.

 

WYTHE/ROBERTS - SO MOVED.

 

WYTHE/ROBERTS - MOVED TO AMEND PAGE 181, MASTER PLAN IMPLEMENATIONS, TO REMOVE THE FIRST FULL SENTENCE AND REPLACE WITH: “IT IS THE RESPONSIBILITY OF EACH CITIZEN OF THE COMMUNITY TO PROVIDE FOR THE QUALITY OF LIFE IN HOMER AND TO ENSURE ADEQUATE FUNDING THROUGH PERSONAL CONTRIBUTIONS OR TAXATION TO MEET THE DESIRED GOALS OF COMMUNITY ENHANCEMENT. THE CITY MANAGER, MAYOR AND CITY COUNCIL ARE COMMITTED TO CONSIDER FUNDING OF THE IMPLEMENTATION OF THIS PLAN TO THE EXTENT FUNDS ARE MADE AVAILABLE AND BASED UPON THE CONTINUED INTEREST OF THE CITIZENS OF THE COMMUNITY TO USE FUNDING FOR THIS PURPOSE.”

 

Councilmember Wythe commented that it is inappropriate for councilmembers at the table to provide for the quality of life of Homer’s citizens; the ultimate responsibility relies with the citizens, individually.

 

Councilmember Zak expressed the need to leave quality of life in the plan. When preparing the budget, Council considers parks and representing the people without having to depend on private citizens to fund them.

 

VOTE: (amendment) YES. HOWARD, NOVAK, ROBERTS, WYTHE

VOTE: NO. ZAK, LEWIS

 

Motion carried.

 

ROBERTS/NOVAK – MOVED TO POSTPONE TO THE NEXT MEETING AND SCHEDULE A PUBLIC HEARING.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

E.         Resolution 09-60, A Resolution of the City Council of Homer, Alaska, Awarding the Contract for the Mid-Hill Pressure Reducing Vault (PRV) Station Stairway Project to the Firm of _________________________ of ____________, ___________, in the Amount of $__________ and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk.                                                                             

 

Resolution 09-60(S), A Resolution of the City Council of Homer, Alaska, Awarding the Contract for the Mid-Hill Pressure Reducing Vault (PRV) Station Stairway Project to the Firm of Steiner’s North Star Construction, Inc. of Homer, Alaska, in the Amount of $175,927.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk.

 

Mayor Hornaday called for a motion to substitute Resolution 09-60(S) for 09-60.

 

NOVAK/WYTHE - SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Mayor Hornaday called for a motion for the adoption of Resolution 09-60(S) by reading of title only.

 

WYTHE/NOVAK - SO MOVED. 

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Mayor Hornaday called for a recess at 8:22 p.m. and reconvened the meeting at 8:28 p.m.

 

F.         Resolution 09-61, A Resolution of the City Council of Homer, Alaska, Authorizing the City Administration to Proceed with the Boiler Replacement Project at the Old Middle School. City Manager.                                                                        

 

Mayor Hornaday called for a motion for the adoption of Resolution 09-61 by reading of title only.

 

ROBERTS/ZAK - SO MOVED.

 

Fuel costs for the building in 2008 were $63,000, or 17,000 gallons of heating oil. A 25% fuel consumption savings would be realized with a new boiler.

 

NOVAK/ROBERTS - MOVED TO AMEND THE FIRST NOW THEREFORE TO READ: “NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL FINDS THAT MOVING AHEAD WITH THE BOILER REPLACEMENT PROJECT AT THE OLD MIDDLE SCHOOL MAY BE IN THE BEST INTEREST OF THE CITY” AND ADD A BE IT FURTHER RESOLVED THE COUNCIL WANTS THE FEASIBILITY OF AN ADJACENT OUTSIDE BUILDING FOR HOUSING THE BOILER CONSIDERED.”

 

Councilmember Novak believes it may be to the City’s advantage to build a small building adjacent outside to house the new boiler without touching the existing boiler. It would eliminate the asbestos issues of removing the old boiler and reuse the new boiler if the building were sold.   

 

Asked how it would affect the boiler bidding process, Public Works Director Meyer stated an adjacent building for the new boiler and lack of removal of the old boiler would result in a new bid. The scope of work would be changed substantially.

 

Councilmember Novak noted a wider window for completion of the project if work did not have to be done inside the building.

 

VOTE: (amendment) YES. ZAK, NOVAK, ROBERTS

VOTE: NO. WYTHE, HOWARD, LEWIS

 

Mayor Hornaday broke the tie vote with a YES.

 

Motion carried.

 

WYTHE/LEWIS - MOVED TO AMEND THE FIRST WHEREAS TO READ: “WHEREAS, THE CITY COUNCIL APPROPRIATED $35,000 IN THE FY 2008 BUDGET FOR BOILER REPLACEMENT AT THE OLD MIDDLE SCHOOL.”

 

There is only $35,000 allocated to the project at this time.

 

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

 

Motion carried.

Councilmember Wythe commented that pouring more money into the building is a waste of money. The building is not safe and needs to have something done to it, up to and including destruction. There is encapsulated asbestos and it does not allow for alternative uses. The City is losing over $100,000 per year by keeping the building open.

 

NOVAK/ZAK - MOVED TO POSTPONE RESOLUTION 09-61 TO THE NEXT MEETING.

 

There was no discussion.

 

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

 

Motion carried.

 

G.        Resolution 09-62, A Resolution of the City Council of Homer, Alaska, Expressing its Support for a Grant Application to the Department of Energy to Fund an Anaerobic Digestion Pump Demonstration Project at the Sewer Treatment Plant in Partnership with Technology Matrix Corporation and the Northern Building Science Group; and Committing to the Required Local Match. City Manager.       

 

Mayor Hornaday called for a motion for the adoption of Resolution 09-62 by reading of title only.

           

ZAK/LEWIS - SO MOVED.

 

Councilmember Wythe commented that based on the small amount of information on the project, the City is asked to put 20% into the project cost for the benefit of research and development for the individual that is promoting the anaerobic digestion pump. The City is not a research and development entity and does not have the money to fund it. One still has to have a backup system with the anaerobic digestion pump system. We would not be able to totally eliminate the existing system. The information is not concise, nor is there a laid out plan.

 

Councilmember Roberts indicated her support for the resolution. Her affirmative vote will mean the City is willing to investigate and see if the DOE is willing to grant the funding. Use of the equipment would result in savings in electric bills and how the current sewage treatment plant is operated. We could save 80% of a very expensive sewage treatment plant. She is willing to go forward to find out the possibilities.

 

Mayor Hornaday expressed reservation at the final be it further resolved in committing to the 20% local match. “Considering” would be a better direction.

 

WYTHE/ZAK – MOVED TO AMEND THE FIFTH WHEREAS TO STRIKE $2.5M AND REPLACE WITH $3.5M AND REPLACE $500,000 WITH $700,000.

 

City Manager Wrede told Council more information will be coming and they could postpone. If the City is invited to submit an application, there will be a lot more discussion to commitment, costs and a detailed budget. Resolution 09-62 commits to a required match and endorses an application.  

 

Councilmember Novak has questions and is not 100% convinced we should commit.

 

NOVAK/ROBERTS – MOVED TO POSTPONE.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

COMMENTS OF THE AUDIENCE

 

Allison Butler, Northern Building Science Group, clarified Resolution 09-62 refers to the anaerobic digestion pump as a demonstration project. It is demonstration to show industry across the nation that this technology is ready to be implemented in municipalities across the nation. If DOE decides to fund it, Homer will get a full working system less expensive than the proposed capital projects for sewer treatment and lower long term operating costs. If the DOE decides to fund the project it will be with a lot of knowledge. They have been supportive since the 1980’s. and would not fund it unless the believe it will proceed. Homer may find other matching funding from other sources.

 

Bill Smith, Homer resident, spoke on contracting processes. Council just postponed a project that is out on the street for bid. The plans are $100 if you want a set. Other communities offer downloads to the plans without ordering up $100 for a set of paper prints. He urged Council to move into this century by putting plans on the website and letting people download it. You don’t need to make money on the plans; get it out there so can get the best bids.

 

COMMENTS OF THE CITY ATTORNEY

 

Attorney Klinkner was not present.

 

COMMENTS OF THE CITY CLERK

 

City Clerk Johnson had no comments.

 

COMMENTS OF THE CITY MANAGER

 

City Manager Wrede had no comments.

 

COMMENTS OF THE MAYOR

 

Mayor Hornaday had no comments.

 

COMMENTS OF THE CITY COUNCIL

 

Councilmember Novak stated the water/sewer resolutions produced a lot of good comments. He will consider the legislative feasibility of changing the initial startup to September 1st. It is a tough year, with most people not getting the revenue they expected. With less revenue they will use less water. Removing the grocery sales tax reduced the City’s revenue.

 

Councilmember Zak appreciates City Council working together and thinking things through. The first vote on the ordinance to override the veto went by quick and he was thankful for the reconsideration to change his vote. We need to look at an enterprise fund for water and sewer to help businesses and do a lot for the future. Council put more consideration into the boiler with the old building from the Borough. He is disappointed about postponement on some of the projects. On the sewer treatment, the City can look to the future and gain from the paybacks in energy. Based on the PhD’s share the knowledge and backing from the DOE, he is willing to support the idea. It will take thinking like that to make the water and sewer an enterprise fund.

 

Councilmember Wythe commented Council has looked at water rates for a long period of time. The one thing that is consistent is that the timing is bad; it is never a good time to cause someone more financial hardship. It does not eliminate the responsibility of the Council to ensure the continued value of investment in the water/sewer system. City Council must make sure the finances of the community are solid to ensure the long term value of the programs. There are members of the City Council that are not on city water and sewer services. People see it as a conflict of interest. People that don’t enjoy water/sewer services don’t enjoy their water tested every day. They pay their own bill to have sewer/water and are not getting off scot free, either maintaining a well or using potable water. We have to pay for the system as it exists today. The downside is there are not many users on the City’s system. The next thing to figure out is every opportunity to get more people on the existing infrastructure. She doesn’t feel like we are not supporting the community by maintaining the system. Water and sewer expenses are being paid through groceries and electric.

 

Councilmember Lewis agrees with Beth and will entertain what Dennis said about September to get people ready for water/sewer rate increases. Council has looked at rates since January with a lot of input. The public will pass on commenting until the rate increase hits them in the face, instead of following City Council and giving opinions earlier in the process.

 

Councilmember Howard asked City Council to take a look at a full-blown water conservation program. Eleven western states have lived with water conservation programs. Many times it involves the City purchasing low flow, no flow, and some flow materials for the household to encourage folks to conserve. We talk about renewable energy through wind, but not water. It is not an endless flow. She asked that we begin tours of the water treatment plant so folks can see the process it takes to bring us good clean water. Educational information should be provided as to why it costs to treat this water. Homer’s surface water is difficult and the most expensive to treat. Mrs. Howard asked that Council take on leadership and help with conservation.

 

Councilmember Roberts had no comments.

 

ADJOURNMENT

 

There being no further business to come before the Council the meeting was adjourned at 8:56 p.m. by Mayor James C. Hornaday. The next Regular Meeting is scheduled for Monday, June 22, 2009 at 7:00 p.m. The next Committee of the Whole is scheduled for Monday, June 22, 2009 at 4:00 p.m. A Special Meeting is scheduled for Monday, June 22, 2009 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] Councilmember Zak excused himself briefly and did not vote on Ordinance  09-27(A).

[2] Reconsideration of Ordinance 09-22(A)(S)(A) issued under New Business Item C.