Session 08-12 a Regular Meeting of the Homer City Council was called to order at 7:00 p.m. on April 28, 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, HOWARD, NOVAK, ROBERTS, WYTHE (telephonic)

ABSENT: SHADLE (excused)  

STAFF:                                  CITY MANAGER WREDE

CITY CLERK JOHNSON

PUBLIC WORKS DIRECTOR MEYER

Councilmember Wythe has requested telephonic participation.

Councilmember Shadle has requested excusal.

By unanimous consent Council concurred Councilmember Wythe should be allowed telephonic participation. There was no objection to the excused absence of Councilmember Shadle.

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

Council met as a Committee of the Whole from 4:01 p.m. to 5:27 p.m. Agenda items included: Support for Building a New School Building in Razdolna, Sales Tax, Mill Rate, Homeowner’s Exemption and Regular Agenda items.

AGENDA APPROVAL

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

Mayor Hornaday moved Consent Agenda Item B - Memorandum 08-59, from Clerk, Re: New Liquor License – Cosmic Kitchen to New Business Item B.

Councilmember Novak moved Announcements Item A - Barbara Howard – New City Councilmember Oath of Office to Agenda Approval.

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

Consent Agenda - Memorandum 08-59 New Liquor License for Cosmic Kitchen – ABC Board Clarification of license. Ordinance(s) - Ordinance 07-28(A) – 2007 Beach Policy and Map, written public comments and Ordinance 08-16 – City Attorney Tans’ comments and revised Ordinance 08-16.

Barbara Howard was administered the Oath of Office for Councilmember by City Clerk Johnson.

Mayor Hornaday asked if anyone wanted to change their seats and there were no requests for changes.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Michele Wilson, Cosmic Kitchen, Inc., explained the restaurant has a beer and wine license for their Pioneer Avenue restaurant and is seeking a liquor license for their seasonal restaurant on the Spit. She asked for Council approval of the liquor license at 4460 Homer Spit Road.

Dean Ravin, Homer resident, asked for Council approval of Cosmic Kitchen’s liquor license. There are many other restaurants in the surrounding area on the Spit with liquor licenses.

RECONSIDERATION

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

Councilmember Novak issued reconsideration April 14, 2008.

NOVAK/ROBERTS - MOVED TO RECONSIDER THE POSTPONEMENT OF ORDINANCE 07-28(A).

Councilmember Novak expressed the need to resolve the issue prior to summer. He is not interested in the permitting portion. The Beach Policy was adopted in 2001 and an amended policy was adopted in 2007. A map to depict where vehicles are and are not allowed is desired.

Councilmember Heimbuch called for a point of order on a new councilmember voting on reconsideration.

City Clerk Johnson stated it was acceptable.

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

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 April 14, 2008 Regular Meeting. City Clerk.

B. Memorandum 08-59, from Clerk, Re: New Liquor License – Cosmic Kitchen.

Moved to New Business.

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

HEIMBUCH/ROBERTS – SO MOVED.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

A. Joy Steward, Homer Foundation, City of Homer Grants Program

Joy Steward provided a report on the City of Homer Grants Program the Homer Foundation has administered for the last seven years. In the 2008 budget, the City allocated $70,000 to the Homer Foundation. The Grants Program included $36,930 for distribution, $30,000 from the 2008 budget allocation, $5,750 as earned income from the fund, and $1,180 from the City of Kachemak. The City of Kachemak allocated funds for distribution through the Grants Program to show their support of their residents utilizing services in the City of Homer. Ten organizations applied and all were funded. In process is $20,000 for the Homer Senior Citizens, Inc. A Memorandum of Understanding to delineate the purpose and timing of the award is being drafted. Ordinance 08-11(A) allocated $50,000 to recognize the need of the Homer Hockey Association and other organizations in need. Grants were awarded to HHA in the amount of $36,000 and $2,000 awarded to Homer Little League. The Foundation is holding the additional $12,000 while reviewing grants for area wide recreation. A statewide community foundation in Anchorage has funding from the Rasmuson Foundation and is trying to grow funding throughout the state. The Homer Foundation is working on a community stand, with site visits to determine needs. Ken Castner plans to attend a Council worksession to view the relationship of the Foundation with the City. The Foundation is holding $45,000 for implementation of the City’s Climate Action Plan.

B. Pam Horazdovsky – Older Americans Month

Pam Horazdovsky, Elder Options, would like to raise the awareness of the aging population. Homer has 11.3% of its people 60 years or older; our median age is six years older than the national median age. Alaska’s senior population is growing faster than any other state, except Nevada. She attended a virtual conference of 800 folks on Creating Aging Friendly Communities. If you take care of your elders, your community becomes one for all ages. Four essential indicators of an elder friendly community include: Addresses Basic Needs; Optimizes Physical and Mental Health and Well-Being; Maximizes Independence for the Frail and Disabled; and Promotes Social and Civic Engagement. Homer could do much more in recognizing the local 50+ age group. She suggested everyone continue to dialogue and build on creating an elderly friendly community.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

Bill Smith, Kenai Peninsula Borough Assemblyman, reported a Borough task force has been formed to review property taxes, the methodology used and solutions to the rising assessments. The Borough is working on the 50^th Anniversary of Statehood with a steering committee working on events. The South Peninsula Hospital has received the Certificate of Need for Phase II construction and the project is out for bid. Mayor Williams and the KPB Assembly are working on lowering the mill rate for the KPB and SPH service and road areas. He asked the City Council for a resolution to increase the $20,000 residency exemption. The Alaska Municipal League will present the resolution to the Legislature.

A. Barbara Howard – New City Councilmember Oath of Office

Moved to Agenda Approval.

B. Mayor’s Proclamation - Municipal Clerks Week May 4 – 10, 2008

C. Mayor’s Proclamation - Marine Safety Day May 24, 2008

D. Mayor’s Proclamation – Older Americans Month – May 2008

Mayor Hornaday commented on the christening of the response tug M/V Vigilant. There will be a State Elks meeting in Homer. He commended the Homer News, Homer Tribune and KBBI for news awards. The Mayor has been approached by several people wanting a local committee to look into utilizing the old school for the city hall. Anne Marie Holen, Special Projects Coordinator, has been selected to participate on a presentation at the AML meeting on climate change.

PUBLIC HEARING(S)

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

Memorandum 08-56 from Public Works Director as backup.

There was no public testimony.

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

HEIMBUCH/NOVAK – SO MOVED.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

ORDINANCE(S)

Reconsidered:

A. Ordinance 07-28(A), Of the City Council of Homer, Alaska, Amending Chapter 19.16 of the Homer City Code Regulating the Use of the Motor Vehicles on Beaches in the City and Establishing Permit Requirements. Mayor. Introduction July 23, 2007, Public Hearing August 13, 2007, on April 14, 2008 Postponed to October 13, 2008.

Motion on the floor from April 14, 2008: MOVED TO POSTPONE TO THE FIRST MEETING IN OCTOBER.

Councilmember Novak explained there is no point to the ordinance, permitting is not necessary. The 2007 updated Beach Policy addresses the issues.

Councilmember Heimbuch called for a point of order on the vote to postpone.

City Clerk Johnson clarified if the motion to postpone is defeated the motion to adopt is back on the floor.

Mayor Hornaday asked Council how they wished to vote; all Councilmembers stated a no vote.

Motion to postpone failed.

Motion on the floor from the April 14, 2008 meeting: FOR THE ADOPTION OF ORDINANCE 07-28(A) BY READING OF TITLE ONLY FOR SECOND AND FINAL READING. 

Councilmembers Novak, Roberts and Wythe expressed the desire to vote against the ordinance. There is no support for the permitting program and the Beach Policy is in effect. A report from the harbor/police department in two months on how signage is working is desired.

Councilmember Novak stated there are missing signs on the beach. He asked that Council give direction to the City Manager to replace the missing signs and to provide an updated map where people are allowed to walk or ride.

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

Motion failed.

B. 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. Postponed from March 24, 2008, Recommend Introduction April 28, 2008, Public Hearing and Second Reading May 12, 2008.

Memorandum 08-38 from City Planner as backup.

Councilmembers Shadle and Novak were previously excused due to conflict of interest. At the March 24^th meeting next senior Councilmember Wythe ruled Mayor Hornaday did not have a conflict of interest as he is not deriving any fund from his relationship with either Dr. Marley or Jane Pascall.

Councilmember Novak was excused from participation.

Mayor Hornaday called for a motion for the introduction and first reading of Ordinance 08-12(S) by reading of title only.

WYTHE/ROBERTS – SO MOVED.

WYTHE/HEIMBUCH - MOVED TO AMEND LINE 49 BY ADDING THE WORD “WILL” AFTER “DISTRICT”, STRIKING FROM THE “S” IN “INCLUDES” TO THE COMMA AND INSERTING “150 FEET OF LAND FROM THE CENTER LINE ON EITHER SIDE OF THE STERLING HIGHWAY”, WHICH WOULD CAUSE THAT PARTICULAR SECTION TO READ: THE SCENIC GATEWAY CORRIDOR OVERLAY DISTRICT WILL INCLUDE 150 FEET OF LAND FROM THE CENTER LINE ON EITHER SIDE OF THE STERLING HIGHWAY FROM THE INTERSECTION OF THE STERLING HIGHWAY AND THE WEST END OF ROGERS LOOP ROAD TO THE INTERSECTION OF THE STERLING HIGHWAY AND PIONEER AVENUE.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

WYTHE/ROBERTS - MOVED TO AMEND TO STRIKE ITEM #B IN ITS ENTIRETY, LINE 52 AND 53.

Councilmember Wythe explained it would clarify the 150 feet regardless of the lot size. A lot could be subdivided to be within the 150 feet. The prior language included the entire property if just a corner abutted the highway. By making an area certain, there is no need to discuss eliminating a subdivision from the area.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

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

Motion carried.

Councilmember Novak returned to his seat.

D. Ordinance 08-15, An Ordinance Amending Homer City Code Chapter 1.24 and Title 4 to Provide for the Election of City Council Members to Designated Seats. Novak. Recommend Introduction April 28, 2008, Public Hearing and Second Reading May 12, 2008.

NOVAK/HEIMBUCH - MOVED TO INTRODUCE ORDINANCE 08-15 BY READING OF TITLE.

Councilmember Novak explained seats would have a letter designation and candidates could file for the seat of their choice. Candidates could chose who they want to run with or against. It will provide a mini election for each seat, heightening interest and sharpening issues. It would empower the public to have a selective ability for seats.

Councilmember Wythe noted the assigned seats may restrict voters the ability to select the candidates of their choice. An individual may wish to elect the two candidates that are running against each other, thus eliminating the voters’ ability to vote for the second person.

Councilmember Novak explained candidates would have the choice of seats according to their political agenda.

Councilmember Wythe said the election option of the voter supersedes that of the candidates. Voters should be able to elect their representation freely; she favors the voters over the candidates.

Councilmember Howard views the proposed procedure as disenfranchising the voter by complicating the process. It may create a more political arena rather than statesmanship and stewardship of the business of the city. Soldotna and Kenai have the process with a 20-signature petition. She is interested in public input. Clerks work hard to encourage voter and candidate participation. She asked that the Clerk give insight as to the changes to the voting machine recalibration and fiscal impact to the ballot, and provide that information at the next meeting.

Councilmember Heimbuch asked that the ordinance be introduced; debate is healthy.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

E. Ordinance 08-16, An Ordinance of the City Council of Homer, Alaska, To Create a Residency Incentive Credit Program. Heimbuch. Recommend Introduction April 28, 2008, Public Hearing and Second Reading May 12, 2008.

Mayor Hornaday called for a motion for the introduction of Ordinance 08-16 by reading of title only.

HEIMBUCH/NOVAK – SO MOVED.

Mayor Hornaday stated he can almost guarantee a lawsuit although he hasn’t researched it. He also predicts less than 50% chance of the City prevailing and substantial legal fees. Councilmember Heimbuch replied that was spoken like a true attorney who hasn’t looked at the ordinance one iota.

Mayor Hornaday called for a recess at 8:09 p.m. and reconvened the meeting at 8:16 p.m.

Councilmember Heimbuch explained the residency incentive program was one of many tools for consideration for rebate of City monies back to the public. It is a mechanism for City Council to maintain controls over monies in the budget and return monies in lieu of adjusting tax rates up or down. It would be targeted to adults age 18 and over that qualify for a Permanent Fund Dividend. It will be compared against the seasonal sales tax reduction and mill rate reduction. It will be weighed against the thought of bolstering our depreciation and operating reserves. Councilmember Heimbuch offered his sentiments to City Attorney Tans for the findings in the ordinance that laid out the importance of year round residency. Some findings express the State Constitution and the primary reason we were granted Statehood 50 years ago, to maintain an economy. A seasonal tax reduction in the winter would provide major sustenance to the City during the difficult times of the winter.

Councilmember Novak requested a public hearing on May 12^th and a second reading in the Fall to allow time to work on the ordinance.

NOVAK – MOVED TO AMEND TO HAVE THE SECOND READING THE FIRST MEETING IN SEPTEMBER.

Motion failed for lack of a second.

ROBERTS/HEIMBUCH - MOVED TO SUBSTITUTE ORDINANCE 08-16(S) FOR THE ORIGINAL ORDINANCE.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

NOVAK/HEIMBUCH - MOVED TO INTRODUCE THE ORDINANCE THAT WAS JUST SUBSTITUTED.

Councilmember Roberts expressed support of postponement of the second reading to August.

Asked if he would be available in August and September, City Attorney Tans replied he would be leaving in August.

HEIMBUCH/ROBERTS - MOVED TO AMEND THE SECOND READING FROM MAY 12^TH TO THE FIRST MEETING IN SEPTEMBER.

Sales tax and mill rates were discussed at the Committee of the Whole. Postponement would allow Council time to work on options.

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. KESA Contract: Things are on track here for contract approval the first meeting in May. Chief Painter and I met with Borough and Service Area Officials to review the most recent amendments on Tuesday, the 22^nd. In short, I believe we are very close to agreement. Most of the conversation had to do with relatively minor wording changes intended to improve clarity. One outstanding issue has to do with workers compensation, liability, and training by HVFD for KESA designated volunteers during the interim period between now and the point at which KESA begins to assume some degree of operational independence. This contract is different than those that preceded it because the contract amount is based upon the assessed value of property in the Service Area and because it has specific performance standards and benchmarks for KESA to gradually assume operational responsibility for Fire and EMS, and associated reductions in the contract amount and effort expected from HVFD.
2. ISER Working Paper 2008.1 by Steve Colt. Attached is an analysis by ISER of the Lieberman-Warner Climate Security Act. The analysis has two parts. The fist part is an analysis of the bill itself and its projected effectiveness in reducing greenhouse gases. The second part is an examination of what the economic impacts of this bill would be for Alaska. (substantial) Many experts have argued that this bill will be the most effective in reducing greenhouse gases and will provide the most economic benefits at the same time. This is especially true for Alaska. The Alaska delegation supports another bill. The former members of the City’s Global Warming Task force recommend that the City contact the delegation and urge support for Lieberman-Warner. A draft letter for your consideration is also attached.
3. Memorandum of Understanding between the City of Homer and Kachemak City: Construction is set to begin on Canyon Rim Subdivision this summer. You may recall that this is the subdivision adjacent to Bear Canyon and that most of the canyon itself is being dedicated to the City of Homer as a Park and recreation easement. You may also recall that even though this subdivision is within the City of Homer corporate limits, one must travel through Kachemak City to get there. This means a significant impact to Kachemak City roads and traffic. The City is requiring the contractor to make some improvements to sections of road in Kachemak City and to bring them up to Homer’s rural road standards. The City and Kachemak City will also need to enter into an MOU to address road maintenance on Kachemak City Roads that are impacted by this development. Mayor Morris and I are scheduled to talk about this on May 24. We hope to have an MOU to you at the next meeting, or the second meeting in may at the latest.
4. Finance Issues: As you all know too well, Homer residents are deeply affected by the steep rise in fuel, electric, water and sewer, property taxes, sales taxes, and the cost of living generally. Many of you are talking about a variety of ways to give money back and to reduce the burden on Homer residents. Councilman Heimbuch has a proposal to provide a rebate / dividend before you at this meeting. Others are talking about reducing the sales tax in the winter, reducing the mil rate, and putting excess revenues over expenditures into saving accounts (like the permanent fund) that cannot be tapped without great difficulty. All of these are great ideas and most worthy of discussion. I am not opposed to any of them individually. However, I would urge the Council to approach this in a comprehensive way. Look at all of these proposals (and perhaps more) and compare the cost and benefit of each. If we deal with all of these proposals individually and independent of the others, we might end up with some unintended consequences. If all of these ideas end up passing, the cumulative impacts might be that we place the City in a very difficult financial position. Reducing revenues in a variety of ways, spending money on a dividend / incentive program and putting excess revenues off limits can add up pretty quick. So, I know there is urgency to do something but doing things like this in a rush my not be the best idea in the long term.
5. Sulfur Shipments: This project was described in some detail in the last report. Things are moving forward steadily. The Terminal Use Agreement and lease have been signed. Everything seems to be in place. We expect shipments to begin this week. Will provide further updates as the operation begins.
6. Spit parking lot extension: Bad news here. As you may recall, the current spit parking lot is located mostly within the Kachemak Drive ROW. The City owns a parcel directly behind which is essentially the hill that you see behind the pavement. PW drew up a plan (that the Council approved) to extend the parking lot to add spaces for an additional 25 to 30 cars and submitted the plan and ROW application to DOT/PF well over a year ago. The DOT/PF ROW Division still has not ruled on our application for a ROW permit but they did tell Carey that the application will likely be denied. (a variety of reasons) They want us to push the parking lot back into the hill on City property. This would be much more expensive and involve major excavation. We are presently formulating a response but wanted to give the Council a heads-up that this project has run into unexpected trouble and may not happen this spring or anytime soon.
7. Kachemak Drive Erosion Issues: Public Works believes it may have found a summertime and a longer range, permanent solution to the hydrant flushing problem there. We can provide more detail at the meeting. We have also been in contact with Representative Seaton about some of the issues there, including how a collaborative effort might be initiated to get some research done.

Discussion ensued on the ISER Working Paper 2008. City Manager Wrede drafted a letter in support for the Warner-Lieberman Climate Security Act. It falls in with the provisions of the Climate Action Plan the City adopted. It is a political issue and Alaska’s delegation is supporting a different bill. Mayor Hornaday objected to Administration commenting on the subject, as it is a policy decision for Council. It is a good analysis; however, the Congressional delegation has funneled millions of dollars into the State of Alaska on the climate change issue. We have more money per capita to study climate change than any other place in the world. Mayor Hornaday suggested contacting our Congressional delegation to see what their view is. Councilmember Novak asked that City Manager Wrede inquire of the Legislative representatives of their positions and the reasons for them. Mayor Hornaday reiterated his objection.

Councilmember Roberts requested that personnel vacancies be included in the packets. Discussion ensued on the advertising measures for department heads and salaries. Discussion on hiring policies and wage structure is slated for the May 27^th Committee of the Whole.

B. Bid Report

C. Question of the Week

COMMITTEE REPORT

A. Comprehensive Plan Community Advisory Committee

B. Public Arts Committee

(May 15, 2008 Worksession 10:00 a.m. and Regular Meeting 11:00 a.m.)

C. Transportation Advisory Committee

(May 20, 2008 Regular Meeting at 5:30 p.m.)

D. Permanent Fund Committee

(June 19, 2008 Special Meeting at 1:00 p.m.)

E. Lease Committee

PENDING BUSINESS

None.

NEW BUSINESS

A. Memorandum 08-58, from City Clerk, Re: Appointment of City Councilmember to the Transportation Advisory Committee.

Councilmember Roberts volunteered for the appointment to the Transportation Advisory Committee.

Mayor Hornaday called for a motion for the appointment of Francie Roberts to the Transportation Advisory Committee.

NOVAK/HOWARD – SO MOVED.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Memorandum 08-59, from Clerk, Re: New Liquor License – Cosmic Kitchen.

Mayor Hornaday called for a motion for the approval of Memorandum 08-59.

HEIMBUCH/ROBERTS – SO MOVED.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

RESOLUTIONS

A.        Resolution 08-31, Of the City Council of Homer, Alaska, Amending the Community Design Manual. City Manager/Planning. Postponed from March 24, 2008.

Memorandum 08-37 from City Planner as backup.

Mayor Hornaday called for a motion for the adoption of Resolution 08-31.

HEIMBUCH/NOVAK – SO MOVED.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

COMMENTS OF THE AUDIENCE

Phil Christensen thanked Pam Horazdovsky in providing for him, as he is in the upper age level. Several years ago he was in the headlines for airline outrage and tonight he has city outrage. He is waiting for an operation to get well. He responded to a proposal for Spit property and received a refusal. Due to refusals he was unable to respond to ads for fish processing and secure energy tax credits. March 16, 2007 the City accepted $30 and $300 for lease negotiations. The City still has the $300. Now a long term lease is being submitted for the property by another individual. Mr. Christensen’s loss of $.5 M annually comes to an individual that requires State aid to make his rent. His design included the building and moving and processing equipment. He is at a crossroads and would like someone to contact him; the property was leased to someone else three days before the proposals were due.

Leonard Wells, city resident, spoke with the Clerk regarding billing issues for water. The Finance Department denied making any changes, he has now come to Council and the next step is the courts. Water rates have an effective date of January 1^st; his bill is for December 15^th through January 18^th and it was not printed until January 1^st. The entire bill was based on the base charge of 2008 rather than splitting the days into 2007 and 2008. The response he received was that it was standard practice. In the past there has not been a significant difference in the base rate; it is now significant. He was told it would be a lot of trouble to make the change. He thought they were hired to use the computer and have it properly programmed.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans commented he plans to leave Alaska and go on an adventure, a new career move. He will be leaving the Perkins Coie law firm in August. He thanked Council, prior councilmembers, officials and city employees of all sorts for allowing him to be part of the community. Homer has been an interesting place to do legal work.

COMMENTS OF THE CITY CLERK

City Clerk Johnson had no comments.

COMMENTS OF THE CITY MANAGER

City Manager Wrede stated Council had discussion earlier about department heads and filling positions. He will miss Gordon Tans, as he considers him as part of the staff and advisors that he has relied on. There will be a big hole with his departure. He said goodbye to Gordon, wished him the best and admitted he is pretty envious of what he is doing.

COMMENTS OF THE MAYOR

Mayor Hornaday commented Alice Witte was inducted posthumously into the high school athletic Alaska High School Hall of Fame. She was a most beloved teacher and coached sports of all kinds. She started the softball program. A high school gym was named in her honor. Sweet Alice Witte who always told us, “Play Like Crazy.”

COMMENTS OF THE CITY COUNCIL

Mayor Pro Tempore Novak welcomed Barbara to the City Council. He told Attorney Tans he appreciates his efforts to the City. Council will see him a few more times before he goes. Mr. Novak feels like the complaint department at Sears; sometimes things don’t get done the way they are supposed to. It is interesting to hear of things that slip under the radar. With regards to hiring, he hopes City Manager Wrede will talk to Council of any questions he may have and we can work together as a team and do the best we can for the City.

Councilmember Wythe welcomed Barbara and is looking forward to working with her. She wished Gordon well and will slip him an email whether he needs mission support funds. She wished him the best and is excited he will have the opportunity. As to staffing, the financing and budgeting for compensation falls within the purview of the City Council; beyond that it is the responsibility of City staff as to the advertising and selection of people. The City Council has the responsibility of hiring the City Manager. The City Manager’s responsibility is ensuring the work Council commits to him is properly completed through proper staffing.

Councilmember Howard echoed Councilmember Wythe’s comments about the City Manager’s relationship with city staff. She hopes we have enticing ads that lure fine folks here.

Councilmember Heimbuch had no comment.

Councilmember Roberts welcomed Barbara. She thanked Gordon from herself and lots of people in Homer. She commended the Clerk, as she likes the new Council notebook format.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 9:00 p.m. by Mayor James C. Hornaday. The next Regular Meeting is scheduled for Monday, May 12, 2008 at 7:00 p.m. The next Committee of the Whole is scheduled for Monday, May 12, 2008 at 4:00 p.m. A Worksession is scheduled for Monday, may 12, 2008 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: _____________________