Session 08-10 a Regular Meeting of the Homer City Council was called to order at 7:07 p.m. on March 24, 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 ATTORNEY TANS

                                                                        CITY PLANNER MCKIBBEN

                                                                        PUBLIC WORKS DIRECTOR MEYER

 

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

 

AGENDA APPROVAL

 

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

 

Council met as a Committee of the Whole from 4:03 p.m. to 5:30 p.m. Agenda items were Resolution 08-30, Ground Source Heat Pump and Regular Agenda items. Council met for a Special Meeting as a Board of Adjustment for Griswold/Refuge Chapel Non Conforming Structure from 5:45 p.m. to 7:02 p.m.

 

Agenda approved by consensus of the City Council with the following changes:

 

Consent Agenda - Memorandum 08-29(S-2), Re: Confirmation of Election Workers for the City of Homer Special ElectionMarch 25, 2008 and all Processes thereof Pursuant to Homer City Code and Deemed Necessary by the City Clerk. Announcements/Presentations/Borough Reports/Commission Reports - Memorandum 08-41 amended to 08-46, Re: Port and Harbor Commission Recommendation Regarding spit Parking Issues. Public Hearings - Ordinance 08-08 and Ordinance 08-11 – Written public comments. Resolutions - Resolution 08-45(S) – Substitute Resolution 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 $75,000.00; Resolution 08-46(S) – Substitute Resolution 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 Memorandum 08-45(S) from Public Works Director, Re: 65% Design Award as backup to Resolutions 08-45(S) and 46(S).

                                                                                   

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

 

Bruce Hess, city resident, commented on Resolution 08-44. He is an electrical subcontractor who bid with a general contractor who was unsuccessful. The low bidder of two bidders was close to $1M over the engineer’s estimate. It is in the best interests to re-bid. Per Memorandum 08-44 three bidders were forced out at the last minute as they were unable to get a mechanical contractor to sub-bid that portion of the contract. There were a lot of other projects on the street with generals and sub-contractors pursuing other projects. Re-bidding the project will provide for overall lower bids.

 

Vickey Hodnick, city resident, commented on Resolution 08-40. She was the last person to receive utilities on Kachemak Drive Phase I; because of the topography she was not able to get utilities. The City asked her for an easement to allow for water for the last two people in Phase I. There is water on the north side of her property; she did not receive sewer as it did not come on the same side as her home. She will be part of Phase III. There is water on the west 300 ft. of her property that connects the Story’s and Alexander’s to city water. She was given the impression she would not pay for assessments until she had both sewer and water.

 

Deborah Nakada, Homer resident, commented on Ordinance 08-12(S) stating growth is inevitable in Homer with little control over expansion, but there is a choice how we want it to occur. Equal importance is the restriction on lighting standards. Ordinance 04-11(A) already exists with HCC 21.48.080 for lighting standards. The existing standard could be inserted in the Gateway measure. Having just learned of the boundary change is opposes the change. The Gateway begins where the original line was at Bluff Street.

 

Councilmember Shadle asked Ms. Nakada if she owns property in the Gateway and Ms. Nakada replied she lives on Diamond Ridge Road, but is impacted by the lights.

 

Dr. William Marley, city resident, owns property in the Gateway and supports Ordinance 08-12(S). His one concern is the restriction of housing from inclusion in the Community Design Manual (CDM). He favors one domicile. There are many four-plexes and condos that are unsightly and they should not be included on the Scenic Gateway. He would like Council to pursue the idea of hydro-seeding wildflowers on the left side of the bluff coming into town, having the City partake in the beautification process too. He owns airport property and is impacted by assessments of Resolution 08-40. It is disturbing the State of Alaska pays zero and everyone else picks up for them. All people in the state benefit with water and sewer being supplied to the State.

 

Kim Seymour, city resident, spoke on Ordinance 08-12(S). In the minutes of the last meeting Councilmember Shadle and the Clerk looked at procedures on postponement and found nothing in the City Council Operating Manual or Robert’s Rules of Order. Mr. Seymour referenced the Mayor and City Attorney’s remarks pertaining to postponement and Councilmember Shadle’s comment the ordinance could not come back for six months. On February 13 and 27 and March 13, 2006 Mayor Hornaday had a conflict of interest on the Gateway. The ordinance needs to go back to the Planning Department and be redone, as it is not thought out well. The Gateway is high dollar property and he does not want to see it ugly. His wife’s statement is that there are a bunch of people that own property who are renters on their own property.

 

Frank Griswold, city resident, spoke on Ordinance 08-12(S). He hopes Council is not relying on the CDM to protect interests. Each page has pictures that are acceptable and unacceptable. He has made money by putting a ruler over acceptable and unacceptable and betting people they can’t guess which is what. The manual is subjective and the poorest written document the City has endorsed. There are escape clauses as long as people comply with the spirit of the CDM.

 

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 10, 2008 Special and          Regular Meeting and March 14, 2008 Special Meeting. City Clerk. Recommend      approval.                                                                                             

           

B.         Resolution 08-39, Of the Homer City Council Confirming the Appointment of Laurie   Moore as Acting Deputy Treasurer for an Interim Period of Calendar Year 2008. City     Manager. Recommend adoption.                                                         

 

C.        Memorandum 08-42, from City Clerk, Re: Resignation of Councilmember Lane          Chesley. Recommend adoption.                                                         

 

D.                 Memorandum 08-29(S-2), from Deputy City Clerk, Re: Confirmation of Election Workers for the City of Homer Special Election – March 25, 2008 and all Processes Thereof Pursuant to Homer City Code and Deemed Necessary by the City Clerk. Recommend adoption.

 

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

 

NOVAK/ROBERTS – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

VISITORS

 

A.                 Homer Hockey Association – 10 minutes

 

Leslie Slater gave a presentation of the economic impact of the Homer Hockey Association over the last year. In dollars, $.5M to $2M was spent in Homer due to hockey events. Ken Satre thanked Council for their consideration of Ordinance 08-11 and adoption of Resolution 08-28. 

 

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH    REPORT/COMMISSION REPORTS

 

A.        Memorandum 08-46, from Port and Harbor Advisory Commission, Re: Port & Harbor           Commission Recommendation Regarding Spit Parking Issues.          

 

Mayor Hornaday called for a motion for the approval of the recommendations of Memorandum 08-41.

NOVAK/SHADLE - SO MOVED.

 

The season begins in May, but the groundwork can be laid on addressing the parking issues that have been put off for several years.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Bumppo Bremicker, Parks and Recreation Advisory Commissioner, reported a committee has been formed to work on the Karen Hornaday Park Master Plan. They are working on the CIP list regarding parks, recreation and beaches, updating priorities and will make recommendations to Council. He noted beach patrols are being advertised to reduce conflicts.

 

PUBLIC HEARING(S)

 

A.        Ordinance 08-08, An Ordinance of the City Council of the City of Homer, Alaska, Amending the Homer City Zoning Map to Rezone a Portion of the Urban Residential (UR) District to Residential Office (RO). City Manager/Planning. Introduction March 10, 2008, Public Hearing and Second Reading March 24, 2008.                                                                                                                                                                       

 

            Memorandum 08-24 from City Planner as backup.                              

 

Frank Griswold, city resident, read excerpts of a letter submitted for the packet quoting a 2003 opinion from Attorney Tans that defined spot zoning. The Minsch’s claim they are being treated unfairly, as four previous rezones were approved with no legitimate public purpose identified. When there is no legitimate public purpose for a rezone, planning staff fabricate illegitimate justifications. Repealing Homer zoning code would make it more user-friendly.

 

Bruce Hess, city resident and Planning Commissioner, called reference to the laydown information in the packet that deserves consideration.

 

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

 

HEIMBUCH/SHADLE - SO MOVED.

 

Councilmember Heimbuch noted the clear disconnect between the Planning Commission and staff over the application of public good; the determination does rest with Council. The proposed action would move a land locked UR parcel into RO status. As a result it would join with a much larger lot the only realistic point of access on the land-locked parcel. In the City Attorney’s opinion it is not a case of spot zoning. The rezone has consistently received staff support.

 

Councilmember Roberts commented the lot is not land-locked; it was rezoned to eliminate the lot line. There is disparity between the Planning Department and the Planning Commission of the public need for a rezone. A greenhouse would be allowed in the current zoning district. No public need has been proved. In the laydown Mr. Hess provided he recommended a comprehensive look at the larger area along East End Road for a rezone that would encompass the newly created lot.

 

Councilmember Shadle explained the parcel is a little west of Paul Banks. A couple years ago there were dilapidated buildings there, it has since been cleaned up and is now just a bare piece of ground waiting for a greenhouse.

 

WYTHE/HEIMBUCH  – MOVED TO AMEND THE WHEREAS CLAUSE THAT STATES THE HOMER ADVISORY PLANNING COMMISSION DETERMINED THERE IS A PUBLIC NEED AND JUSTIFICATION FOR THE REZONE BY STRIKING “DETERMINED THERE IS” AND REPLACE WITH “REVIEWED THE PUBLIC NEED AND JUSTIFICATION FOR THE REZONE”.

 

There was no discussion.

 

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

 

Motion carried.

 

WYTHE/HEIMBUCH - MOVED TO AMEND THE FOLLOWING WHEREAS STRIKING THE WORD “DETERMINED” AND REPLACING THAT WITH “THE PLANNING COMMISSION REVIEWED WHETHER THE REZONE WOULD” AND ALSO STRIKE “NOT”.

 

There was no discussion.

 

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

 

Motion carried.

 

VOTE: (main motion as amended) YES. WYTHE, SHADLE, NOVAK, HEIMBUCH

VOTE: NO. ROBERTS

 

Motion carried.

 

B.         Ordinance 08-11, Of the City Council of Homer, Alaska, Amending the FY 2008        Operating Budget by Appropriating $36,000 to the Homer Hockey Association (HHA)         through the Homer Foundation, Establishing a Line Item in Future Operating Budgets for     HHA, and Recommending a Future Funding Amount. Mayor. Introduction March 10,       2008, Public Hearing and Second Reading March 24, 2008.                

 

Cinda Eckert, city resident and President of the HHA, told Council they have heard a lot of testimony and HHA provided Council with a business plan. There are 19 enclosed rink facilities in the state of Alaska comparable to Homer; 15 municipalities saw the benefit of supporting the rinks. The HHA is not asking the City to own the rink, they are asking for support at a very low cost and virtually no risk.

 

Catriona Lowe, city resident, relayed her enjoyment of playing broomball and the fun and rewarding place the ice rink is to recreate.

 

Sarah Jackinsky, Homer resident, urged Council to oppose Ordinance 08-11. Although HHA is important, there are many other clubs that provide opportunities and hold tournaments. Many cities fund hockey, opera houses and all kinds of things. Recreation adds to quality of life and benefits children across the board. All recreational organizations should be considered worthwhile without creating an exclusive group.

 

Melanie Dufour, Homer resident, hopes Council chooses to support Ordinance 08-11. If Council chooses to support the rink there could be a use agreement between the City and the skate association.

 

Cheryl Rykaczewski, city resident, thanked Council and everyone present for making their voices heard. Speakers and letters to the editor point out non profits bring business to the City and it would be fair to ask cities to provide funding. There are limited resources to fund, and all activities and organizations cannot be funded to the extent requested. She has heard the Boys and Girls Club will close. If the City has money to spare she suggested allocating fairly to non profits.

 

Mayor Hornaday commented the City of Homer supports the Boys and Girls Club in excess of $100,000 a year and is trying to get more help to them.

 

Jose deCreeft, city resident, commented HHA is important to everyone. Every time he visits the rink there is a sense of comradely and it is a place for kids. The building is already the best teen center he has seen. It is a small amount of money for the benefits.

 

NOVAK/HEIMBUCH – MOVED TO AMEND THE TITLE TO READ AS FOLLOWS: AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING THE FY 2008 OPERATING BUDGET BY APPROPRIATING $50,000 TO THE HOMER FOUNDATION TO RECOGNIZE THE NEED OF THE HOMER HOCKEY ASSOCIATION AND OTHER ORGANIZATIONS OF NEED AS RECOGNIZED BY THE HOMER FOUNDATION.

 

Councilmember Shadle stated if there is no other choice except to go along with the ordinance unless the foundation that was created for this purpose will do the right thing he will go unwillingly. He would prefer to stick to the original ordinance.

 

Asked if there would be additional amendments or stipulations to the ordinance for suggestions of the expenditure, Councilmember Novak answered there would be additional amendments.

 

Councilmember Novak stated HHA is in need as well as other organizations. Council has established a method to address the needs of organizations in the community in a fair means and by following a process. The Homer Foundation has met that need and the City has been donating to them each year to meet the needs of the non profits. It is clear one of the big requests is for HHA, although they are not the only ones that have a need. It is a fair way to have the community involved completely in the process.

 

Councilmember Shadle asked Mayor Hornaday what he thought about the amendment. Mayor Hornaday answered he prefers the wording of the original ordinance, but would like to get something done.

 

NOVAK/ROBERTS – MOVED TO AMEND TO ADD TO APPROPRIATING: “AN ADDITIONAL $50,000”.

 

There was no discussion.

 

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

 

Motion carried.

 

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

 

Motion carried.

 

NOVAK/ROBERTS – MOVED TO AMEND TO DELETE THE SEVENTH WHEREAS: MOST ICE RINKS IN ALASKA ARE EITHER MUNICIPALLY OWNED OR ARE FUNDED TO SOME DEGREE BY MUNICIPALITIES, INCLUDING THE RINKS IN KENAI, PALMER, JUNEAU, WASILLA, AND KODIAK; ALL OF WHOM PROVIDE THE RINK WITH OVER $100,000 ANNUALLY; AND.

 

Brief discussion ensued on deleting the language. Council noted the ordinance as revised will represent all organizations.

 

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

 

Motion carried.

 

NOVAK/HEIMBUCH – MOVED TO AMEND THE LAST WHEREAS TO READ: HOMER HOCKEY ASSOCIATION ADVISES THAT THE FACILITY WILL SHUT DOWN IN APRIL OF 2008 UNTIL SEPTEMBER OF 2008, BUT LEASE PAYMENTS OF APPROXIMATELY $8,000 WILL CONTINUE TO BE DUE EACH MONTH.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

NOVAK/ROBERTS – MOVED TO AMEND SECTION 1 TO READ: THE FY 2008 OPERATING BUDGET IS HEREBY AMENDED BY APPROPRIATING $50,000 TO THE HOMER FOUNDATION TO BE USED FOR SUCH PURPOSES AS SHALL BE DETERMINED BY THIS ORDINANCE AND THE HOMER FOUNDATION:

 

HEIMBUCH/NOVAK - MOVED FOR A FRIENDLY AMENDMENT TO INSERT THE WORD “ADDITIONAL”.

 

There was no discussion.

 

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

 

Motion carried.

 

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

 

Motion carried.

 

NOVAK/ROBERTS - MOVED ON THE ACCOUNT EXPENDITURE LINE, EXPENDITURE FROM THE GENERAL FUND WOULD THEN READ $50,000 INSTEAD OF $36,000.

 

There was no discussion.

 

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

 

Motion carried.

 

NOVAK/HEIMBUCH - MOVED TO AMEND TO DELETE SECTION 2 AND CHANGE SECTION 3 TO SECTION 2.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Mayor Hornaday called for a recess at 8:11 p.m. and reconvened the meeting at 8:18 p.m.

 

WYTHE/NOVAK - MOVED TO AMEND THE FIRST WHEREAS TO STRIKE THE HOMER HOCKEY ASSOCIATION AND TO READ: WHEREAS, NON PROFIT ORGANIZATIONS IN HOMER PROVIDE POSITIVE ACTIVITIES FOR AREA YOUTH AND RECREATIONAL ACTIVITIES FOR ALL AGE GROUPS AT AN AFFORDABLE PRICE.

 

There was no discussion.

 

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

 

Motion carried.

WYTHE/NOVAK - MOVED TO AMEND TO INSERT A WHEREAS: “WHEREAS THE COUNCIL RECOGNIZES THE ONGOING FINANCIAL DIFFICULTY PLACED ON NON PROFIT ORGANIZATIONS; AND”.

 

There was no discussion.

 

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

 

Motion carried.

 

WYTHE/HEIMBUCH - MOVED TO ADD A WHEREAS CLAUSE RIGHT BEFORE THE NOW THEREFORE CLAUSE TO READ: WHEREAS THE COUNCIL ACKNOWLEDGES THE BENEFITS TO THE ECONOMY AND COMMUNITY OF NON PROFIT ORGANIZATIONS.

 

There was no discussion.

 

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

 

Motion carried.

 

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

 

Motion carried.

 

C.        Ordinance 08-13, An Ordinance of the City Council of Homer, Alaska, Amending the             FY 2008 Operating Budget by Appropriating $700.00 to the North Pacific Fisheries            Association (NPFA) in Support of their Annual Seafood Dinner. Heimbuch. Introduction           March 10, 2008, Public Hearing and Second Reading March 24, 2008.

 

There was no public testimony.

 

Mayor Hornaday called for a motion for the adoption of Ordinance 08-13 by reading of title only for second and final reading.

 

HEIMBUCH/NOVAK – SO MOVED.

 

Councilmember Heimbuch noted the contributions the NPFA has made to the City including lobbying for fair seafood taxes for the City. They are involved in maritime safety promotion and strong participants in industry stabilization efforts. They are participants in the ongoing allocation battle over halibut between the commercial and charter sector. They are the mouthpiece for major local industry. The money is a one time contribution and a reminder of the City’s awareness of their 29 annual seafood dinners on behalf of the community.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

ORDINANCE(S)

 

A.        Ordinance 08-12(S), An Ordinance of the City Council of the City of Homer, Alaska, Amending Homer City Code Title 21 (Zoning) Adding Chapter 21.57 to the Homer City          Code Creating the Scenic Gateway Corridor Overlay District to Further Regulate      Development Along the Sterling Highway from Rogers Loop on the Baycrest Hill to             the Intersection of the Sterling Highway and Pioneer Avenue. City Manager/Planning.    Recommend Introduction March 24, 2008, Public Hearing and Second Reading April 14,            2008.                                                                                                  

 

            Memorandum 08-38 from City Planner as backup.                              

 

Mayor Hornaday stated a year or so ago he declared a conflict of interest on Gateway rezones as he had done work for Dr. Marley and Jane Pascall, both good friends of his. Mayor Hornaday stated he is to pass the gavel to Mayor Pro Tempore to make a determination on the conflict.

 

Mayor Hornaday passed the gavel to Mayor Pro Tempore Novak and exited the room.

 

Councilmember Shadle called for a point of order asking how Mayor Pro Tempore Novak could make the ruling when he too has a conflict. Councilmember Shadle expressed his conflict and excused himself from the matter.

 

Mayor Pro Tempore Novak expressed his conflict of interest and excused himself from the matter.

 

Councilmember Wythe, the next senior councilmember, took the gavel. She ruled Mayor Hornaday does not have a conflict of interest as he is not deriving any funds from his relationship with either Dr. Marley or Jane Pascall.

 

Councilmember Heimbuch called for a point of order asking if it was proper under parliamentary procedure to allow all four people (including the Mayor) to vote, or could the issue be decided with three people.

 

City Clerk Johnson answered there is no procedure for a three-member vote other than to elect a new councilperson. City Attorney Tans stated there is no provision. There are not enough votes for introduction of the ordinance; it should be postponed. Asked about the rule of necessity to allow introduction of the ordinance without the required members, City Attorney Tans answered the rule pertains to courts. Although it has been applied in Alaska to a judge, to his knowledge it has not been applied to a body such as a city council. The rule provides if so many members of a body have a conflict of interest so that you cannot take action, all members participate including those with the conflict of interest. Conditions must be met before the rule can be applied. No other body has the authority to make the decision in question. The matter cannot be put off until another time when a sufficient number would be present. There are not enough councilmembers now. Can the introduction of Ordinance 08-12(S) be postponed until then?

 

Ordinance 08-12(S) was postponed to April 28, 2008 until a full council is seated.

 

CITY MANAGER’S REPORT

 

A.        City Manager’s Report 

 

  1.  April 11, Job Fair: The City is making a strong effort to have a presence at the next Job Fair to be held on April 11. The Police and Fire Departments will have booths there and Sheri is working with other Departments to help get them ready to participate as well. The idea is to do a better job letting people know what types of careers are available with the City and to make a concerted effort to recruit local residents. Recruiting Homer residents is good for the community and the economy and its saves the City money.
  2. Climate Action Plan Implementation: The RFP that the Council approved is being finalized and is about ready to go out. We still need to complete the MOU with the Homer Foundation and will attempt to get that done ASAP.  
  3. CIRI Negotiations: I went up to Anchorage on the 18th to get together again with CIRI representatives. The purpose of the meeting was to discuss the preliminary plat including roads, land conveyances, and drainage easements. The preliminary plat is scheduled to be considered by the Planning Commission on March 19. We also had a very good discussion about the overall land/infrastructure transaction. We are actively trading proposals and counter proposals. I believe we made really good progress and are getting close to something I can bring to the Council for its consideration. The goal is to have something before the Council on April 14; April 28th at the latest.
  4. University / Purchase Agreement: We are presently working with the University staff to complete a final draft of the Purchase Agreement. We are planning to have the Purchase Agreement ready for your consideration at the April 14 meeting.
  5. Pratt Museum: You will recall that the Council recently approved a $25,000 grant for the Pratt Museum to remove an old underground storage tank. The City has developed a grant agreement for this project and the Pratt is moving forward with the work. I participated in an accreditation review several weeks ago. The reviewers were very impressed with the financial support the City has provided the Pratt over the years but they expressed concern that the City contribution was a very significant part of the Pratt Budget. There is no binding commitment for the City to continue to provide support. They suggested to me that the City might firm up its commitment in some way and suggested to Heather that she might want to increase her efforts to find funding from other sources to decrease dependence upon the City.
  6. Senior Trail: Carey and I are hoping to get together with Fred Lau this week to talk about the trail. The biggest issue for us at this time is how much we can actually accomplish with $50,000. Once we establish priorities, Carey will work up a design and a project budget. We still plan to do some work this summer.
  7. Chamber of Commerce: Last week Anne Marie and I had a meeting with Tina Day from the Chamber of Commerce, several Board Members, and Mark Gregory from the Small Business Development Center. The purpose of the meeting was to brief us on a plan developed by the Chamber Economic Development Committee that focused on promoting entrepreneurship and small business support. The Chamber, with support from Mark Gregory, is hoping to secure the funding necessary to hire a staff person and keep the SBDC in the office open full time. The SBDC to date has been open on a limited basis and Mark is not in Homer as often as would be desirable. The available data show that this program has been very successful and that there is a need and demand for expanded hours. The Chamber’s idea is to do what it can to help small business owners and those wishing to start  businesses. As you know, small businesses are a large and vital component of the local economy. We have tentatively scheduled a Chamber presentation to the Council on this topic for April 28. 
  8. Lease Committee Update: Gordon provided some guidelines on executive session to the Committee and spoke with them directly over the phone at the last meeting. The Committee approved a lease application from Kenai River Seafoods for Lot 9 and a recommendation for the Council to authorize me to begin lease negotiations will be before you at the next meeting.
  9. Research Reserve Grant: You will recall that the City received a legislative grant for a new KBRR display at the Islands and Ocean Center. This was intended to be a pass through grant but it has gotten a little complicated. The City is ultimately responsible for all of the terms and conditions of the grant. Trying to make a State Agency responsible for grant stipulations imposed by another State agency is tricky, to say the least. But we are making progress and expect all the paperwork to be in place quickly.
  10. Steve Dean: You may have heard by now that Steve Dean is stepping down as Port and Harbor Director. Steve says that he wants to spend more time with his family, especially his young son. Steve has worked for the City for 20 years and has never had a summer off. He is eligible for retirement this fall and simply decided that now is the time. This is a big loss for the City and we will miss him. He did a great job and his emphasis on customer service was great appreciated. The search for a replacement is underway.
  11. Water Treatment Plant Update: The bids have been opened for construction of the new water treatment plant. Unfortunately, the low bid is significantly over the engineers estimate. At the time this was written, we were still actively considering the options and what to recommend to the Council. Carey traveled to Anchorage on the 18th to meet with the low bidder.

 

City Manager Wrede passed around pictures of the Ocean Drive Loop Seawall which has received damage in the last few days due to unusual circumstances. He reported Public Works Director Meyer spent time looking at the seawall and talked with Representative Seaton about repair possibilities for both long and short term. The special tax district ordinance could be amended to make it palpable and more equitable for property owners. It would enable the leverage of money from other sources later on. The emergency need could be turned to an advantage. The City owns property behind the wall and has some responsibility to be a partner including paying a proportionate share of upgrades.

 

Mayor Hornaday and Council voiced objection to the City taking the lead with the seawall repairs and Public Works Director Meyer making an assessment of the damages. The wall belongs to the property owners and they should get organized.

 

Councilmember Wythe asked that City Manager Wrede provide information on locating the infrastructure further back from the water’s edge.  

 

The senior trail was discussed and the need for a culvert or boardwalk similar to Beluga Slough.            

 

B.         Question of the Week                                                                          

 

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.)

 

D.        City Hall - Town Square Review Committee

            1.         Memorandum 08-40, from City Hall Town Square Review Committee, Re: 35%                                   Design Budget City Hall Town Square Project             

 

E.         Permanent Fund Committee

            (April 10, 2008 Regular Meeting 6:00 p.m.)

 

F.         Lease Committee                                                                                 

 

G.        Prince William Sound Regional Citizen’s Advisory Council       

            1.         Report by John Velsko                                                

 

PENDING BUSINESS

 

None.

 

NEW BUSINESS

 

None.

 

RESOLUTIONS

 

A.        Resolution 08-31, Of the City Council of Homer, Alaska, Amending the Community Design Manual. City Manager/Planning.                                           

 

            Memorandum 08-37 from City Planner as backup.                              

 

WYTHE/ROBERTS - MOVED TO CONTINUE RESOLUTION 08-31 TO FOLLOW ORDINANCE 08-12(S) AS IT IS BEING UPDATED TO ADDRESS THE SCENIC GATEWAY DISTRICT.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Resolution 08-40, 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.

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-40 by reading of title only.                                            

 

WYTHE/ROBERTS – SO MOVED.

 

Councilmember Wythe referenced Dr. Hodnick’s comments, and asked Public Works Director Meyer if she was not actually connected to water assessment?

 

Public Works Director Meyer referenced the map of the Kachemak Drive Phase I assessment district and the three lots owned by Vickey Hodnick. The parcel on the south side of Kachemak Drive includes Dr. Hodnick’s house and would not be assessed until another LID is formed. There are varying right-of-way widths. The two lots on the north side have stub outs and when developed and connected there could be an assessment, if deferred at this time. The hydrant that is flushed is on the north side.

 

Councilmember Roberts referenced Vickey Hodnick’s letter stating it was her impression she would not be assessed until she had sewer and water connecting to her home. She asked Mr. Meyer what type of impression would Dr. Hodnick have? Public Works Director Meyer answered the two properties on the north side of the preliminary and final assessment roll have always indicated they would be receiving an assessment. It is possible she is saying the property her house sits on will not receive an assessment until water and sewer are fronting her property.

 

Asked how the State of Alaska exempted properties effect the other property owners assessments, Public Works Director Meyer answered his understanding is the State lease agreements hold the lessees responsible for assessments and the cost of improvements to the property. He questioned the several parcels that are exempted on the final assessment roll and their effect on other property owners. Public Works Director Meyer is not aware of any properties that are exempt. When asked of the seven exempt State of Alaska parcels, Public Works Director Meyer responded the exempted assessments are not being redistributed among the other property owners.    

 

WYTHE/NOVAK – MOVED TO POSTPONE TO THE NEXT MEETING (APRIL 14, 2008) TO GET VERIFICATION ON THE EXEMPTIONS.

 

There was no additional discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

C.        Resolution 08-41, 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 South Douglas Place Road Reconstruction and Paving Assessment District. City Clerk.          

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-41 by reading of title only.

 

HEIMBUCH/NOVAK – SO MOVED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

D.        Resolution 08-42, Of the City Council of Homer, Alaska, Awarding a Lease for City   Property on the Homer Spit, Tract 1-C Fishing Hole Subdivision No. 2 to Sportsman’s         Supply and Rental of Kenai, Alaska in an Annual Amount of $6,010.00 and Authorizing        the City Manager to Execute the Appropriate Documents. City Clerk.

                                                                                                                       

Mayor Hornaday called for a motion for the adoption of Resolution 08-42 by reading of title only.

 

NOVAK/SHADLE – SO MOVED.

 

Asked what the review process was on the annual rate, City Manager Wrede explained the lease is subject to the standard ground lease, requiring an appraisal every five years and an annual adjustment based on the CPI. The lease is based on the current appraisal. The lot is small and lease amount is determined per square foot. Both lessees, Sportsman’s Supply and Rental and Alaska’s High Hopes Charters & Co. dba Bob’s Trophy Charters will continue with the existing use. Their leases had expired and the Lease Committee recommended put the leases out for RFP. There were no other bids and the committee recommended award to the current users. The minimum bid was for appraised value.

 

Councilmember Wythe excused herself from the meeting.

 

VOTE: YES. HEIMBUCH, ROBERTS, SHADLE, NOVAK

 

Motion carried.

 

E.         Resolution 08-43, Of the City Council of Homer, Alaska, Awarding a Lease for City   Property on the Homer Spit, Tract 1-B Fishing Hole Subdivision No. 2 to Alaska’s High       Hopes Charters & Co. dba Bob’s Trophy Charters of Homer, Alaska in an Annual      Amount of $5,355.00 and Authorizing the City Manager to Execute the Appropriate             Documents. City Clerk.

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-43 by reading of title only.

                                                                       

NOVAK/ROBERTS – SO MOVED.

 

There was no discussion.

 

VOTE: YES. ROBERTS, HEIMBUCH, NOVAK, SHADLE

 

Motion carried.

 

Councilmember Wythe resumed her seat.

 

F.         Resolution 08-44, Of the City Council of Homer, Alaska, Awarding the Contract for the         New Water Treatment Plant Improvement Construction Project to the Firm of Udelhoven    Oilfield System Services, Inc. of Anchorage, Alaska in the Amount of $8,339,359.00 and     Authorizing the City Manager to Execute the Appropriate Documents. Public Works/City        Clerk.

 

            Memorandum 08-44 from Public Works Director as backup.   

 

Mayor Hornaday called for a motion for the adoption of Resolution 08-44 by reading of title only.

 

WYTHE/NOVAK – SO MOVED.

 

Councilmember Novak requested Public Works Director Meyer comment on Bruce Hess’ comments on bidders dropping out and re-bid pricing.

 

Public Works Director Meyer stated there are no guarantees. If the project is re-bid who knows if Udelhoven will bid again or offer a lower bid? Both contractors who placed a bid may have picked up work to fill up their summer and would not submit another bid. There is no guarantee the three prime contractors who didn’t bid could come up with a cheaper price when Udelhoven has many subs in-house. He is confused how a sub-contractor could give a guarantee that a prime contractor could offer a bid for $.5M less. Having experienced this before and re-bidding projects before, in the Kachemak Drive Phase I contract the bids were higher than the original amounts. He has used care in listening to Udelhoven and talking with other prime contractors to make a decision in the best interests of the community, rather than for a contractor or subcontractor.

 

Councilmember Shadle asked if the bid was by line items? Public Works Director Meyer answered there were seven line items in the base bid, with three alternate items. Asked if it was possible to take one or two line items and bid just those, Public Works Director Meyer answered the items were not separated into subcontractor classifications. The bid stayed within building components rather than individual linear foot of conduit. The contractor is required to break the bid down into a schedule of values to help the City negotiate any changes.

 

Asked if there was anything within the bid process that was substantially flawed that the project needed to be re-bid, Public Works Director Meyer answered no. Nine of the ten bid items came in as expected, one of the bid items was higher than anticipated. The bid was extended to two months, four addendums were issued, and a pre-bid conference was held. It was an ideal time to get the bid out. If sent too early in the construction season contractors would not know fuel costs, if sent later in the season many contractors already have projects.  

 

Mr. Meyer was asked if it would be possible to re-bid under a contingency if prices were higher we could go back to the first bid? Public Works Director Meyer answered a lot of time and effort is put into an $8M contract. The City does not want the reputation of not taking bidders seriously.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

G.        Resolution 08-45, 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 from Public Works Director as backup.   

 

Councilmember Shadle declared a conflict of interest on Resolutions 08-45 and 08-46. Mayor Hornaday ruled a conflict of interest and Councilmember Shadle excused himself.

 

NOVAK/WYTHE - MOVED TO ADOPT RESOLUTION 08-45 BY READING OF TITLE.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

NOVAK/WYTHE – MOVED TO ADOPT 08-45(S) BY READING OF TITLE.

 

City Manager Wrede recommended the resolution be postponed to a time uncertain.

 

ROBERTS/NOVAK – MOVED TO POSTPONE.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

H.        Resolution 08-46, 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.

                                                                                                                       

            Memorandum 08-45 from Public Works Director as backup.   

 

NOVAK/WYTHE – MOVED FOR THE ADOPTION OF RESOLUTION 08-46 BY READING OF TITLE ONLY.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

WYTHE/NOVAK – MOVED FOR THE ADOPTION OF SUBSTITUTE RESOLUTION 08-46(S).

 

City Manager Wrede recommended the resolution be postponed to a time uncertain.

 

NOVAK/WYTHE – MOVED TO POSTPONE RESOLUTION 08-46 UNTIL AFTER THE ELECTION.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

COMMENTS OF THE AUDIENCE

 

Kim Seymour, city resident, thanked Council for their hard work. As to the Seawall and Kachemak Dr. flooding, he believes the Feds can help in both areas. California had a lot of problems it took an action from the Mayor to declare an emergency and the economic hardship fell on a lot of people. He understands the City not wanting to take on the responsibilities.

 

Carey Meyer, city resident, commented in the past he has looked at non profits as not important. We think municipal government provides essential services so non profits must be something else. Alaska has over 6,000 non profits, more per capita than anywhere else in the world. In Alaska they serve a special role that they don’t do in other states.

 

Mayor Hornaday commented there are over 50 non profits in Homer that are important as an economic engine and also for providing services.

 

COMMENTS OF THE CITY ATTORNEY

 

City Attorney Tans was no longer present.

 

COMMENTS OF THE CITY CLERK

 

City Clerk Johnson urged everyone to get out and vote.

 

COMMENTS OF THE CITY MANAGER

 

City Manager Wrede was no longer present.

 

COMMENTS OF THE MAYOR

 

Mayor Hornaday had no comments.

 

COMMENTS OF THE CITY COUNCIL

 

Mayor Pro Tempore Novak thanked everyone for participating, noting everyone had disappeared as their issues were resolved. He thanked the Homer Foundation for taking the responsibility in delegating money. He urged everyone to get out and vote tomorrow.

 

Councilmember Shadle said he hopes everyone had a happy Easter. He asked everyone to get out and vote. He wished a Happy Birthday to his little boy in Homer who is 7 years old.

 

Councilmember Wythe said it was important to get out and vote, more-so than how you vote. If you have a position for bonding on Town Square get out and vote.

 

Councilmember Heimbuch commended Councilmembers Novak and Wythe for their outstanding contributions in providing a noble and diplomatic means of supporting the HHA. A lot of people don’t know how hard Councilmember Wythe works; she is dedicated and does things way above other councilmembers. She is the watchdog of the treasury, and never lets council forget it. As to funding for the HHA, her position softened and she put a dollar amount on that compassion. There has been lots of talk in the fairness of funding the ice rink since the City couldn’t fund all organizations equally all at one. It is extremely short sighted. The financial power with the government allows accomplishment of things on a larger scale that are not otherwise doable.

 

Councilmember Roberts is glad a solution to the Homer Hockey Association was arrived at. She supports them in the community, as they do a lot of good things for the youth. She supports a South Peninsula recreational service area that could help a lot of groups in the community. Steve Dean has resigned as the Harbormaster. He has done a great job and will be very missed. She wished good luck to Lane Chesley, and a thank you for all he did for the City of Homer.

 

ADJOURNMENT

 

There being no further business to come before the Council the meeting was adjourned at 9:28 p.m. by Mayor James C. Hornaday. The next Regular Meeting is scheduled for Monday, April 14, 2008 at 7 p.m. The next Committee of the Whole is scheduled for Monday, April 14, 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: _____________________