Session 08-30 a Regular Meeting of the Homer City Council was called to order on October 27, 2008 at 7:01 p.m. by Mayor Pro Tempore Dennis Novak at the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

 

PRESENT:       COUNCILMEMBERS:           LEWIS, NOVAK, ROBERTS, WYTHE, ZAK

 

                        ABSENT:                                HOWARD (excused)

 

                        STAFF:                                    CITY MANAGER WREDE

                                                                        CITY CLERK JOHNSON

                                                                        CITY PLANNER ABBOUD

                                                                        POLICE CHIEF ROBL

 

Mayor Hornaday and Councilmember Howard have requested excusal.

 

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.)

 

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

CONSENT AGENDA - Special Meeting Minutes of October 20, 2008; ORDINANCES - 2009 Budget Ordinance 08-50 Written public comment; Memorandum 08-147 from Finance Director, Re: Water/Sewer Fund Issues; Homer Water and Sewer Customer Relief Plan, A Proposal by Regina Harville, Carey Meyer, and Walt Wrede; Alaska’s 50th Anniversary of Statehood Committee Proposed Budget; ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS - Prince William Sound Regional Citizen’s Advisory Council, Report by John Velsko

 

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

 

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

 

Leonard Wells, city resident, commented on Resolution 08-108(A), if reconsidered he hopes the Town Center infrastructure is removed from the CIP (Capital Improvement Plan) until city voters can indicate whether they want anything built. In Ordinance 08-50 he asked Council to consider the $1.2M unspent 2008 funds. Council might consider directing those funds generated by water/sewer sales to customers that paid expenses.

 

Kevin Hogan, city resident, welcomed the new Councilmembers. Administration put a lot of work into accounting, planning for revenue shortfalls due to the sales tax exemption passing. Property assessed values are likely to go down. He supports cutting the nonprofits. The City should require nonprofits to submit and make publicly available their budgets, organizational and administrative structure before considering any funding. The same disclosure rules for officials and candidates needs to be used to make records open and visible. As to the water system, expenses need to be cut. The City of Kenai has a similar system with an operating budget 54% of what Homer’s is. It may be time to make a reduction in force to keep the budget down.

 

Robert Letson, South Peninsula Hospital CEO, commented on the water/sewer rates. The hospital’s bill is growing in both areas. The premise with the City is for every gallon of water used there is a gallon of waste to the sewer. SPH uses steam to heat the building and sterilize instruments; 15% to 20% of water evaporates into steam. Sewer rates may be too high. The hospital has a large increase in their bill that they are not able to pass onto patients. He urged Council to consider the steam issue for the hospital’s bill that exceeds $3,000 due to a 78% increase in early 2008. A credit could be issued for the amount of increase on sewer service.

 

RECONSIDERATION

A.        Resolution 08-108(A), A Resolution of the Homer City Council Adopting the 2009-2014       Capital Improvement Plan and Establishing Capital Project Legislative Priorities for        Fiscal Year 2010. Mayor/City Council. Reconsideration issued by Councilmember        Roberts 10/22/08.                                           

ROBERTS/WYTHE - MOVED TO RECONSIDER RESOLUTION 08-108(A).

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

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 October 13, 2008 Regular Meeting            and October 20, 2008  Special Meeting. City Clerk.                                                                                          

WYTHE/ROBERTS - MOVED FOR THE APPROVAL OF THE CONSENT AGENDA AS AMENDED.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

VISITORS

 

A.        Heather Beggs, Pratt Museum Budget Request.            

 

Heather Beggs, Director of the Pratt Museum, asked Council for the same level of financial support as in 2008. Libraries and museums are the most trusted sources of information. The Pratt buys locally and returns $500,000 to the community annually through salaries, taxes, contracts and services. They choose to charge sales tax to increase city revenues. The museum provides instrumental guides to children, attracts visitors, and provides incentives for businesses looking for a solid city. It is a serious threat if the City cuts funding by 25%. It is an unusual situation in Homer, as most museums are run by cities. In 1967 a partnership between the Homer Society of Natural History, Inc. was formed, saving the City over $700,000 per year. The City of Homer agreed to operate the Pratt Museum if the partnership ceased to exist. Many museums in Alaska are city funded, receiving double or triple contributions for a city the size of Homer. Cities fund on average 66% for operations and maintenance. The Pratt receives 12% of its operating costs from the City, with a proposed cut to 9%. It is fiscally irresponsible to trim budgets to non-profits. A drastic cut to the line item does not allow operation of the museum. Although she is sensitive to budget shortfalls, it is financially prudent for the City to contribute to the museum rather than taking over the museum as a department.   

 

B.         Diane Warner, Homer High School Government Teacher, and students re: Mock          Election.

 

Diane Warner, Homer High School Government Teacher, introduced eight students representing the class. A mock election is planned to encourage participation and increase student knowledge. Scheduled is a live political debate between Paul Seaton and Phil Alderfer, along with mock presidential and vice presidential debates, both Democratic and Republican. The seniors are jazzed about comparing student results with staff results and analyzing the statistics. The mock election takes place on Thursday, October 30th at the Homer High School gym between 9:00 a.m. and 3:00 p.m. 

 

C.        Robert Ruffner, Kenai Watershed Forum and Doug Limpinsel, NOAA -     Convening the   Kenai Peninsula Fish Habitat Partnership, 10 minutes.

 

Robert Ruffner, Executive Director of Kenai Watershed Forum and Doug Limpinsel of NOAA Fisheries, stated there is a new effort to address the National Fish Habitat Action Plan. It is a repackaging of the way to think about protection of fish. Through regulatory programs and grant programs there is a huge investment nationally on taking care of fish habitat. Government agencies have been putting their heads together to see how we can do business better. A letter from KPB Mayor Carey’s office will be inviting the City of Homer to participate. The Kenai Peninsula would like to plug into the national program. It is hoped there will be partnerships as the primary work unit for the national program. Finding out who is truly interested in the protection of fish is the goal. The program began a year ago, with the MatSu Borough already enrolled. The Kenai Watershed Forum has been leading an ad hoc committee. They sent a letter to the national board expressing interest. Mr. Ruffner and Mr. Limpinsel are now in the process of talking to municipalities and groups to find the interest level. They would like diversity and representation across the Peninsula. The month of November will be used for public outreach to test support levels. By January it is hoped the process will begin to make a strategic plan that will be submitted to the national level for recognition.

 

Asked if the fish protection plan was limited to salmon or trout, Council was advised all fish are included; shellfish is welcomed. For more information: www.fishhabitat.org at a national level. For local contact: Kenai Watershed Forum (907) 260-5449, Kachemak Bay Research Reserve, or Cook Inletkeeper.  

 

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH    REPORT/COMMISSION REPORTS

 

A.                 Mayoral Recognition – John Browning, 30 Years with City of Homer, Police Department.

 

City employee John Browning was recognized for his 30 years of service with the City and was presented a plaque.

     

B.                 Letter to Mayor Zhuvasin, City of Yelizovo, Russia Kamchatka Region, from Mayor Hornaday & Letter from Mayor Zhuvasin.

 

Kevin Hogan, Economic Development Advisory Commissioner, reported the commission is working on the Comprehensive Plan.

 

Kevin Hogan, Port and Harbor Advisory Commissioner, reported the commission passed a resolution for Council to look at returning sales tax generated by moorage and harbor services to the Port/Harbor fund. The commission reviewed the budget and will make recommendations soon. He asked for a resolution to look at installing salt water wash for fish as expensive water is not needed to hose fish guts into the grates. It would be a good savings for the Port/Harbor fund.

 

Teena Garay and Ruth Dickerson, Parks and Recreation Advisory Commissioners, asked Council to support the revised Karen Hornaday Park Master Plan. The plan will be the most comprehensive and complete of all. They asked that fill dirt could stop being put up there until November. There has recently been more fill up there; it would be nice for the loads to cease until the plan is accepted. A citizen recommended a community fill exchange be set up for people wanting fill and those wanting to get rid of it.

 

Mayor Pro Tempore Novak called for a recess at 7:50 p.m. and reconvened the meeting at 7:56 p.m. 

                                         

PUBLIC HEARING(S)

 

A.        Ordinance 08-48, An Ordinance of the City Council of Homer, Alaska, Accepting and            Appropriating a Department of Military and Veterans Affairs, Alaska Division of            Homeland Security and Emergency Management (DHS&EM) Grant, 2007-GE-H7-0025,          State Grant Number: 07PSIC-GR3403707, in the Amount of $135,618.00 for the Homer   Volunteer Fire Department (HVFD) Public Safety Interoperable Communications. City             Manager/Fire Chief.  Introduction October 13, 2008, Public Hearing and Second Reading        October 27, 2008.                                                                                                

 

There was no public testimony.

 

WYTHE/ROBERTS – MOVED FOR THE ADOPTION OF ORDINANCE 08-48 BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.

 

The grant will allow the purchase of radios on the same frequency as AMLR to communicate with responders in all agencies.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

 B.        Ordinance 08-49, An Ordinance Amending Homer City Code 9.04.046 to Exempt     Certain Property Used Exclusively for Community Purposes from Property Taxation.    Novak. Introduction October 13, 2008, Public Hearing and             Second Reading October 27,    2008.                                                                                                              

 

Leonard Wells, city resident, urged Council not to reduce the property tax base. Although it is a small amount of money, different amounts the City exempts adds up and are borne by people that don’t use it. Why should property that the City doesn’t own be subsidized by people that don’t own the property?

 

Mayor Pro Tempore Novak called for a motion for the adoption of Ordinance 08-49 by reading of title only for second and final reading.

 

ROBERTS/LEWIS – SO MOVED.

 

The property is to be used for community purpose; the Borough has already signed off on this type of ordinance.

 

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

 

Motion carried.

 

ORDINANCE(S)

 

A.        Ordinance 08-50, An Ordinance of the City Council of Homer, Alaska, Appropriating             Funds   for the Calendar Year 2009 for the General Fund, the Water-Sewer Fund, the             Port/Harbor      Fund, Debt Funds, Capital Reserve Funds (Conditional Expenditures).       City Manager. Recommended Dates: Introduction         October 27, 2008, Public Hearings             November 24 and December 8, 2008 and Second Reading December 8, 2008.

                                                                                                                                   

WYTHE/ROBERTS - MOVED FOR THE INTRODUCTION OF ORDINANCE 08-50.

 

There was no discussion.

 

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

B.         Ordinance 08-51, An Ordinance of the City Council of Homer, Alaska, Accepting and            Appropriating an Alaska Energy Authority (AEA) Grant in the Amount of $31,200 for     Pre-Construction Services for the Homer Water Main Hydropower Project, and            Authorizing the City Manager to Execute the Appropriate Documents. City             Manager/Public Works. Recommended Dates: Introduction October 27,           2008, Public     Hearing and Second Reading November 24, 2008.                                      

 

            Memorandum 08-146 from Public Works Director as backup.             

 

Mayor Pro Tempore Novak called for a motion for the adoption of Ordinance 08-51 for introduction and first reading by reading of title only.

 

WYTHE/ROBERTS – SO MOVED.

 

This is the first item from the recommendations of the Climate Action Plan that was approved last year. Funding has been acquired through the State of Alaska for pre-construction design for a project to generate hydropower off the waterline that feeds the city from the top of the hill.

 

WYTHE/LEWIS - MOVED TO STRIKE THE TWO LINES THAT ARE EXPENDITURE FROM 100-100-5210 ON ORDINANCE 08-51.

 

There was no discussion.

 

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

 

Motion carried.

 

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

 

Motion carried.

 

C.        Ordinance 08-52, An Ordinance of the City Council of Homer, Alaska, Appropriating a          Local Match in the Amount of $7,800 for the Alaska Energy Authority Grant for Turbine    Electrical Generators     in the Water Distribution System and Authorizing the City            Manager to Execute the Appropriate Documents. City Manager/Public Works.              Recommended Dates: Introduction        October 27, 2008, Public Hearing and Second             Reading November 24, 2008.

 

Mayor Pro Tempore Novak called for a motion for the adoption of Ordinance 08-52 for introduction and first reading by reading of title only.

                                                                       

LEWIS/WYTHE - SO MOVED.

 

WYTHE/ROBERTS - MOVED TO AMEND THE EXPENDITURE LINE TO BE A TRANSFER FROM 100-100-5210 TO 215-866.

 

There was no discussion.

 

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

 

Motion carried.

 

Administration was encouraged to review the amendments to see if a substitute ordinance was required.

 

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

 

Motion carried.

 

D.        Ordinance 08-53, An Ordinance of the City Council of Homer, Alaska, Amending the             FY 2008 Operating Budget by Appropriating Fifteen Thousand Dollars ($15,000) to           the Homer Chamber of Commerce as Seed Money to Help the Chamber Expand Services to Small Businesses. Wythe.     

 

Mayor Pro Tempore Novak called for a motion for the adoption of Ordinance 08-53 for introduction and first reading by reading of title only.

                                                                       

WYTHE/ROBERTS - SO MOVED.

 

Council made a substantial alternation in their original request; the best thing that can be done to stimulate the economy is to put money in to expand small business. Council voiced support of the ordinance and appreciation at reducing the amount.

 

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

 

Motion carried.

 

E.         Ordinance 08-54, An Ordinance of the City Council of Homer, Alaska, Accepting and            Appropriating a FY 2009 Legislative Grant in the Amount of Two Million Dollars     ($2,000,000) for the Main Street Intersection/Reconstruction Project. City Manager.       Recommended Dates: Introduction October 27, 2008, Public Hearing and Second     Reading November 24, 2008.                                                              

 

Mayor Pro Tempore Novak called for a motion for the adoption of Ordinance 08-54 for introduction and first reading by reading of title only.

 

WYTHE/ROBERTS – SO MOVED.

 

City Manager Wrede noted the $2M was in the Town Center project, and when voters voted down the bond proposition the money was moved to another priority. The intent is to bring Main Street up to road standards like Bartlett Street. Main Street/Sterling Highway intersection has been identified as a dangerous intersection requiring action. Council decided applying for a traffic signal at that intersection is the best course of action. That was conveyed to DOT and an agreement will be worked out with DOT.

 

Finance Director Harville explained the lack of financial information in the ordinance is due to the need for a project number. They are waiting for Public Works Director Meyer.

 

City Clerk Johnson added the financial information will be brought back with a substitute ordinance for the next meeting.

 

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

 

Motion carried.

 

F.         Ordinance 08-55, An Ordinance of the City Council of Homer, Alaska, Accepting and            Appropriating a FY 2009 Legislative Grant in the Amount of One Hundred and Fifty            Thousand Dollars ($150,000) for the Spit Trail/Harbor Pathways Project. City Manager. Recommended Dates: Introduction October 27, 2008, Public Hearing and Second             Reading November 24, 2008.

 

Mayor Pro Tempore Novak called for a motion for the adoption of Ordinance 08-55 for introduction and first reading by reading of title only.

 

WYTHE/LEWIS - SO MOVED.

 

Asked if additional city funds were needed, City Manager Wrede answered there are no figures on the trail yet. The latest estimate of the City’s contribution will be presented to Council. Several grants were received and we are getting closer to trail completion. Department of Natural Resources secured the right-of-way and did surveying; the Alaska Division of Parks helped. The trail is moving closer to the end of the Spit each year. There is the potential that money will be needed for the project; it would need to be included in the 2009 budget.

 

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

 

Motion carried.

 

CITY MANAGER’S REPORT

 

A.        City Manager’s Report

 

1.                  Discussion of Letter from Kachemak Bay Campus, Re: City Hall Building

 

City Manager Wrede noted the letter from the Kachemak Bay Campus Board looking for feedback on where the City if going on the City Hall project. They are feeling some panic as the $2.5M is losing value as time goes on and a new Legislative session and budget in the forecast.  The College Board is hopeful they will get a signal from the city as to where they want to proceed. Council discussed the status of City Hall after the failed bond proposition in March. A resolution will be brought forward reaffirming Council’s vision of the building for the college campus, although the City is not in the position to vacate the building now. Council has not given up on the prospect of the college occupying the building at a later date.

 

City Manager Wrede notified Council of a new lawsuit, a short plat at the Baycrest Country Club Estates. The plat was rejected by the Kenai Peninsula Borough Planning Commission and will be taken to Superior Court. There are broad implications for access to public beaches that will set precedence for future cases. Attorney Holly Souzo will talk about it at the next meeting and documentation will be provided. Council requested a brief.

                                                                                                                                   

B.         Bid Report                                                                                                      

 

C.        Question of the Week                                                                                      

           

COMMITTEE REPORT

           

A.        Comprehensive Plan Community Advisory Committee

 

B.         Public Arts Committee

 

Angie Newby, Chair of the Public Arts Committee, reported on the committee’s role in art selection for the failed City Hall/Town Center project. Art in municipal facilities has been inventoried. Tom Weed was commissioned to revitalize and enhance the performing arts wall on Pioneer Avenue. The wall was part of the Pioneer Avenue reconstruction project in the 1980’s. New images of performers have been added. Public art will be a part of the 2009 Homer News walking map, with a number of icons highlighting exterior public art. There is a new web page for the City’s website. Proposals for new art for the sculptures at Poopdeck Trail are sought, to build upon what is already there and create a durable sculpture. The committee was allocated $4,000 in 2008 and is seeking $2,500 for 2009.

 

C.                 Transportation Advisory Committee

 

Councilmember Roberts, Transportation Advisory Committee member, reported the TAC met last week and reviewed the Trail Design Criteria Manual to 65%; they will have further review at next month’s meeting. The committee liked what they saw, enough to start thinking about the Roads Design Criteria Manual. It is not quite so usable and needs review. They will pay attention to the two manuals and HCC 11 referencing roads. Their concern is that all items need to be cohesive and fit together. The committee discussed State roads in disrepair and exploring how those can be improved. They will continue reviewing the HART (Homer Accelerated Roads and Trails Program) and bring recommendations to Council. Additionally they will review the LID (Local Improvement District) process. The committee thanks Bryan Zak who was a member of the TAC until he became a councilmember.

 

D.        Permanent Fund Committee

 

E.         Lease Committee

 

Councilmember Wythe reported the Lease Committee had a joint meeting with the Economic Development Advisory Commission. The Lease Committee established a regular meeting schedule.

 

PENDING BUSINESS

 

A.        Ordinance 08-18, An Ordinance of the City Council of Homer, Alaska Providing for    Temporary Adjustments of the City Sales Tax Rate of Levy. Heimbuch. Introduction           May 12, 2008, Public Hearing May 27, 2008 and Second Reading October 27, 2008.     

 

ROBERTS/WYTHE - MOVED FOR THE ADOPTION OF ORDINANCE 08-18.

 

There was no discussion.

 

VOTE: NO. ROBERTS, WYTHE, ZAK, NOVAK, LEWIS

 

Motion failed.

 

B.       Ordinance 08-34, An Ordinance of the City Council of Homer, Alaska, Appropriating             Six Hundred Thousand Dollars ($600,000) from the General Fund Reserves and       Transferring Those Funds to the Permanent Fund. Wythe. Introduction July 28, 2008,       Public Hearing October 13, 2008 and Second Reading October 27, 2008.      

 

Mayor Pro Tempore Novak called for a motion for the adoption of Ordinance 08-34 by reading of title only for second and final reading.

 

WYTHE/ROBERTS – SO MOVED.

 

The purpose of the Permanent Fund was to establish accounts and a holding fund for Exxon Valdez monies when paid out. The value of the distribution has fallen below the acceptable amount for an investment fund.  

 

VOTE: NO. LEWIS, ROBERTS, WYTHE, ZAK, NOVAK

 

Motion failed.

 

C.        Resolution 08-83, A Resolution of the City Council of Homer, Alaska, Reducing the    Mil Rate by 1 Mil for Next Year and Establishing a 2009 Mil Rate of 3.5 Mils within           the City. Mayor.                                                                                              

 

Motion on the floor from July 28, 2008: MOTION FOR THE ADOPTION OF RESOLUTION 08-83 BY READING OF TITLE ONLY.

 

There was no discussion.

 

VOTE: YES. ZAK

VOTE: NO. NOVAK, LEWIS, ROBERTS, WYTHE

 

Motion failed.

 

D.        Resolution 08-101, A Resolution of the City Council of Homer, Alaska, Creating an    Agricultural Free Enterprise Zone. Shadle.                                                  

 

Motion on the floor from September 22, 2008: MOTION FOR THE ADOPTION OF RESOLUTION 08-101 BY READING OF TITLE ONLY.   

 

Council noted the resolution includes the entire Kenai Peninsula Borough and it is out of the City’s jurisdiction. The resolution could be rewritten to just include Homer.

 

VOTE: NO. NOVAK, LEWIS, ROBERTS, WYTHE, ZAK

 

Motion failed.

 

NEW BUSINESS

 

None.

 

RESOLUTIONS

A.        (If Reconsidered) Resolution 08-108(A), A Resolution of the Homer City Council    Adopting the 2009-2014 Capital Improvement Plan and Establishing Capital Project        Legislative Priorities for Fiscal Year 2010. Mayor/City Council.                       

Main motion is back on the floor from October 13th and 20th: MOVED TO ADOPT RESOLUTION 08-108(A) AS AMENDED.

ROBERTS/LEWIS - MOVED TO AMEND THE CAPITAL IMPROVEMENT PLAN BY REMOVING THE CITY HALL FROM THE LONG TERM APPENDIX AND PLACING IT BACK IN THE STRUCTURE SECTION LISTED TO BE COMPLETED BY 2014.

Council discussed the importance of returning City Hall to the section to indicate to the university there is some interest, although it is not immediate. This would place City Hall in the 2009-2014 timeframe. Discussion ensued on Council’s work on bringing the CIP down to realistic projects. If projects are on the 2014 or earlier list they may initiate discussions, although work may not start.

City Manager Wrede commented there is a five-year life span on the grant. It will expire in three years. 

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

VOTE: NO. WYTHE

Motion carried.

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

Motion carried.

B.         Resolution 08-111, A Resolution of the City Council of Homer, Alaska, Awarding      Sandra Thompson a Car Rental Concession Lease at the Homer Airport and Authorizing             the City Manager to Negotiate and Sign a Lease for Space 104 at the Homer Airport           Terminal. City Manager.

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 08-111 by reading of title only.                                                                          

 

ROBERTS/LEWIS - SO MOVED.

 

There was no discussion.

 

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

 

Motion carried.

 

C.        Resolution 08-112, A Resolution of the City Council of Homer, Alaska, Approving the            Purchase of Four Properties Within the Bridge Creek Watershed for the Protection of the             City’s Drinking Water Source, and Authorizing the City Manager to Negotiate Purchase     Price, and Bring Final Closing Documents to the City Council for Final Approval. City     Manager/Public Works.                                                                                   

 

            Memorandum 08-145 , from Public Works Director as backup.           

 

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 08-112 by reading of title only.

 

LEWIS/WYTHE - SO MOVED.

 

Council reviewed a map to delineate the reservoir location to the properties.

 

City Manager Wrede explained the land belongs to a family, and the BIA (Bureau of Indian Affairs) manages the land in a trust for Alaska Natives. The City must deal directly with the BIA. The parcels are an opportunity that was offered to us. The land is close enough to the reservoir and Bridge Creek goes right through it. There is 3,000 feet in between the property and the reservoir.

 

Asked if the land would be off limits for hunting and 4-wheelers, City Manager Wrede replied the land is subject to the zoning requirements of the Bridge Creek Watershed Protection District. The City as the owner, can decide what activities would be allowed. The City has pre-approval from DEC to use 1˝% interest money used for LIDs to purchase land in the watershed.

 

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

 

Motion carried.

 

D.        Resolution 08-113, A Resolution of the City Council of Homer, Alaska, Approving a Memorandum of Understanding Between the City and Cook Inletkeeper Regarding the   Monitoring of Pathogens on Public Beaches. City Manager.         

 

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 08-113 by reading of title only.  

           

WYTHE/LEWIS - SO MOVED.

 

The primary intent of the Memorandum of Understanding is for Cook Inletkeeper to test for sewage on the beach. Cook Inletkeeper will notify the City of any pathogens; they do not partake in enforcement action. In the event pathogens were detected, notification would be done with signs, radio advertisement, newspapers, and stepped up patrols by enforcement officers. The intent is to protect the public.  

 

Council asked for a legal review, if indirectly accepting responsibility by entering into the agreement.

 

WYTHE/LEWIS - MOVED TO POSPTONE TO OUR MEETING TO DECEMBER SO THAT WE HAVE TIME FOR LEGAL REVIEW SO THAT WE ARE NOT HOLDING OURSELVES LIABLE.

 

Council discussed postponement to allow for legal review of the MOU. Cook Inletkeeper currently tests the water without the City’s assistance. It was suggested the responsibility may be spreading to the City.

 

City Manager Wrede commented in order for Cook Inletkeeper to continue receiving grants, the local governing body must be involved. Cook Inletkeeper is working on a grant application deadline. It was suggested the MOU be passed and amendments, if needed, could be done later.

 

VOTE: (postponement) YES. NOVAK, LEWIS, WYTHE

VOTE: NO. ROBERTS, ZAK

 

Motion failed.

 

VOTE: (main motion) YES. NOVAK, LEWIS, ROBERTS, WYTHE, ZAK

 

Motion carried.

 

E.         Resolution 08-114, A Resolution of the City Council of Homer, Alaska, Expressing     Support for the Homer Chamber of Commerce’s Overall Economic Goals and for its    Efforts to Expand Small Business Development Services in the Community. Wythe.

 

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 08-114 by reading of title only.

                                                                                                                                   

WYTHE/ROBERTS - SO MOVED.

 

Council discussed the need to stand behind a commitment to the community for development and expansion, something that cannot be done without putting money behind it. Activities by the Chamber and those promoted by the EDC need to develop an “open for business” plan for the City of Homer. As there is no department of economic development within the City, the Chamber is the economic development arm of the community. An effort to expand small business through the Chamber of Commerce addresses economic development.

 

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

 

Motion carried.

 

COMMENTS OF THE AUDIENCE

 

Leonard Wells, city resident, commented on the Bridge Creek Watershed Protection District property. He is interested in knowing what benefit the City will gain over buying the property and taking it off the property tax rolls. There are already zoning rules that protect the water shed. So far there have been no discussions on City Hall, whether rebuilding here or remodeling someplace else, like the west campus. The old west campus could be bulldozed; the infrastructure is already there.

 

Tina Day, Chamber of Commerce Director, thanked Council for bringing funding development forward. She is looking forward to coming back to report on the progress.

 

COMMENTS OF THE CITY ATTORNEY

 

City Attorney Klinkner was not present.

 

COMMENTS OF THE CITY CLERK

 

City Clerk Johnson had no comments.

 

COMMENTS OF THE CITY MANAGER

 

City Manager Wrede commented on an article about Homer being in the next issue of the Alaska Business Monthly magazine. He did an article emphasizing Homer’s business friendly community. Anne Marie Holen and he went to the Economic Development District meeting last week getting the same message out. We are rebranding ourselves here in Homer to get the word out that we are open for business. We are making it clear what Homer is for. Any impressions you have heard that Homer is anti-business is not true. We need a vibrant community to get kids to stay here. He thanked Council for good work on the budget today; budget amendments need to be marked on forms and submitted to Regina or himself. An ordinance brought forward by the Mayor to exempt unprocessed foods from taxes has been sent to the attorney for rework. In light of the initiative and the Borough’s adoption of it, a substitute will come back at the next meeting. It is interesting Attorney Klinkner said to do the opposite of what we thought we would need to do. If we want to exempt unprocessed foods we need to pass an ordinance. If the Council does nothing, unprocessed foods will be taxed in Homer.  

 

COMMENTS OF THE MAYOR

 

Mayor Hornaday was not present.

 

COMMENTS OF THE CITY COUNCIL

 

Mayor Pro Tempore Novak requested a special meeting on the 17th of November to address the budget. He asked who would be available for a special meeting that evening. The next option would be November 5th in the afternoon prior to the Planning Commission meeting to only deal with the budget. He appreciates everyone’s participation.

 

Councilmember Wythe reminded everyone to get out and vote. There is absentee voting now and regular voting on Tuesday. It would be exciting to get a record turnout. In response to Mr. Wells about the old school remodel: During original review and discussion about what to do with the west campus, a complete remodel review was completed. Used in its current status as a school it has a certain set of standards. If the building were converted to an office building it would have an entirely different standard of requirement for remodeling. The remodel review projected costs at $3M to $4M difference to build a brand new 20-year old building. If City Hall moved to the west campus we would be moving from one cramped space to a smaller space. Moving to that building will not facilitate the need of a city hall. The disposal of the building would be incredibly expensive due to asbestos issues. The cost of getting rid of the building would eliminate any value we would get from the building. The best function is for the building to continue as a school of some format; nothing has to be done with the building to continue its current use.

 

Councilmember Zak said it was good work tonight on the discussion of enterprise funds during the Committee of the Whole.

 

Councilmembers Roberts and Lewis had no comments.

 

ADJOURNMENT

 

There being no further business to come before the Council the meeting was adjourned at 9:51 p.m. by Mayor Pro Tempore Novak. The next Regular Meeting is scheduled for Monday, November 24, 2008 at 7:00 p.m. The next Committee of the Whole is scheduled for Monday, November 24, 2008 at 4:00 p.m. All meetings scheduled to be held in the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 

 

______________________________

JO JOHNSON, CMC, CITY CLERK

 

Approved: _____________________