Session 06-09 a Regular Meeting of the Homer City Council was called to order at 7:01 p.m. by Mayor James C. Hornaday at the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

PRESENT: COUNCILMEMBERS: HEIMBUCH, McLAY, NOVAK, SHADLE, STARK, WYTHE.

STAFF: CITY CLERK CALHOUN

CITY MANAGER WREDE

CHIEF OF POLICE ROBL

HEAD DISPATCHER McCULLOUGH

LIBRARY DIRECTOR HILL

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

Committee of the Whole met from 4:00to 5:25 p.m. Agenda items: Bear Proof Garbage Cans, Ethics Code, and the Regular Agenda Items. Homer City Hall Cowles Council Chambers.

Public Forum on Kachemak Bay as a Port of Refuge was held from 5:35 to 6:51 p.m. Homer City Hall Cowles Council Chambers.

Mayor Hornaday thanked everyone who participated during the Public Forum on the Port of Refuge issue.

AGENDA APPROVAL

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

The agenda was approved by consensus of the City Council with the following changes and/or notations:Memorandum 06-64, from City Clerk, Re: Recommendations for Second Reading on April 24, 2006, amendments to Ordinance 06-21; Memorandum 06-63, from Planning Commission, Re: Ordinance 06-12; and Written comments regarding Resolution 06-35, Community Schools. Councilmember Stark's Data Sheet for Memorandum 06-57. Substitute Resolution 06-44(S).

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public comments on any item on the agenda except Visitors - Homer Foundation and Public Hearing items: Ordinance 06-21, Amending Urban and Rural Residential with Resolution Identifying Rights-of-Way within the Rural al and Urban Residential Districts that Access Kachemak Bay Determined to be Unsuitable for Road Construction; Ordinance 06-22,Rezone Portions of the Urban Residential to Residential Office and Extending the Residential Office for Lots 37-A and12-A, A.A. Mattox Sub. No. 8. and Rezoning Lot 1, A.A. Mattox Subdivision No. 8.to Residential Office; andOrdinance 06-23, Accepting and Appropriating a Grant of $60,000.00.

John Velsko, City resident, urged the Council to support Resolution 06-41, pointing out that this will not cost the City any money. He advised that the Prince William Sound RCAC, which Homer is a member of, asked him to present this issue to the City Manager, who graciously submitted it to the Council. He told the Council that if they approve this, it will just help them apply for some grant money that is out there and that it is almost an economic development issue too, because they are planning on using an author from Homer to compile this and do the writing. He thanked the Council.

Mayor Hornaday acknowledge those holding signs in the front row. (Support for Community Schools Program)

Nancy Lord, City resident and Chair of the Library Advisory Board, commented on Resolution 06-40 dealing with City Facility use fees. She expressed concern that this appears to apply to the new Library and the Board is working on a set of policies for the new Library one of which includes space use. She reported that she hopes to get this information to the Council next month, she noted that there are different spaces in the new Library to be considered, different kinds of uses, public versus private during library hours and after hours. She noted that they have investigated the other fees around town, fees charged by other libraries and believe that they can bring the Council a very well thought out, comprehensive use policy. She asked that the Council remove Resolution 06-40 from the Consent Agenda and postpone it or do something to give the Board a chance to bring something forward for the New Library.

Gina Creedon, non resident, stated that she is here to support of Community Schools. She advised that her kids are connection students and that they have used Community Schools to do their art, gym and sports, that they have taken hunter safety courses there and that they do all kinds of fabulous things there and that everybody does. She noted that this is a learning and teaching community, with the smartest bunch of people that she has ever seen and that it is nice to spread this back and forth. If Community Schools is lost it will be a loss to the whole community. She thanked the Mayor and Council.

Taneeka Hansen, City resident, spoke on behalf of Homer Community Schools, emphasizing that it is a great opportunity for people to interact. She advised that she just came from helping out at a gymnastics class that had kids ages from five to twelve, all in the same class learning that physical exercise can be fun and learning social interactions. She stated that if all of these programs are lost it will be a great detriment to the community. She thanked the Mayor and Council.

Shawn Hanson stated that he has listened to these meetings since KBBI started broadcasting them and that he has never been inspired to come to the meeting and talk in the mic. He told the Council that he is not a great extemporaneous speaker so he wrote down what he is going to say. He stated that people get together and form a City to improve their lives, maybe first a water system, then need a sewer system, but the goal should be a better life. Without a doubt this Community Schools Program is the biggest return on investment, bang for the buck, money City can spend for a fuller life. The School District builds and maintains the infra structure and the instructors pretty much get paid for gas money. Better life is more than treated sewage. He thanked the Mayor and Council.

Jesse Smith expressed support for the Homer Community Schools Program, that he is a teacher in the Community Schools Program, teaching Karate. He expressed his gratitude to the City for giving him the opportunity to give back his art to society and to the citizens of Homer. Without the Community Schools Program he would not have that opportunity and that it is very important to him and to his students. He thanked the Council for the opportunity and voiced his hope that this relationship would continue.

Pat Brennan spoke on behalf of the Homer Community Schools System. One of the pressing issues for Homer for the last few years has been what are the youth going to do and what opportunities do the youth have. This Community Schools System gives youth some options after hours. To take away that option right now would do the community itself a lot of disservice. She advised that she is a City resident and expressed her hope that this system stays in place.

John Boerrigter, City resident, advised that he was a troubled teen for a long time and because of Community Schools Program his life over the past few months has definitely turned for the better. It has given him a chance to find out who he really is on the inside. He stated that he has, therefore, really realized the benefit of this Community Schools Program personally and that he has seen several students, being assistant instructors, who have felt the same way. He emphasized that it actually does make quite a big difference and therefore, he is for the program being utilized for a trial run. He thanked the Mayor and Council.

Lilly Connor, non resident and member of the Homer Connections Program, encouraged the Council to adopt Community Schools on a one year basis and to consider adopting on a permanent basis. Community Schools includes all or most of the Community Club sports. She advised that these are her social activities as a home school student in connections, as well as for many other home school students. She stated that she enjoys wrestling as a member of the Homer Popeye Team, part of Community Schools and expressed her hope to continue to enjoy this, which is kind of hard to do if doesn't exist.

Mile Illg, City resident and Community Schools Coordinator, briefly thanked the Mayor and Council for their time and effort regarding this Community Schools issue, because it has been a long one with everyone trying to figure out what's best. He emphasized the importance of this program, represented by one employee, that it represents hundreds of programs for over 6,000 people annually. One thing, he wanted to note, that Popeye Wrestling in Community Schools was the start of one of Homer's own Olympic Wrestlers, Tela O'Donnell, emphasizing that without Community Schools that probably would not have happened. He voiced his hope that the doors of Community Schools would not be closed for the future hopeful world athletes that would represent Homer and the United States. The importance of Community Schools cannot be emphasized enough. What are the opportunities, down the road, that Community Schools can open the doors for? He thanked the Mayor and Council.

Katie Connor, non resident, advised that she helps coach the smaller kids for Popeye Wrestling and that she feels that this is a really important program that needs to keep going. All of these kids come to have fun, learn things, are expanding their horizons and what they learn right now in Popeye Wrestling, the basics, is going to take them to many places. She reported that she has gone to Sitka, learned how to wrestle in Popeye Wrestling and has gone to a lot of other places. She stated that it helped her with high school wrestling and that she lettered in varsity wrestling two times. She emphasized that Popeye Wrestling got her into that and that it looked like fun so she did it. There needs to be these things out there for kids to say that they want to go have fun and learn. If there is no Community Schools no one will be sending anyone anywhere. Wrestling can take kids to college. It is a sport that is individual, it helps to learn self discipline, to learn what one can do by oneself, not with anyone else's help, but by self motivation to go places and do things. It makes better people for this community. She stated that she hopes the Council will approve Community Schools and thanked the Mayor and Council.

Lakeland Brown stated that he is just a strong supporter of this program and the organization, that it empowers a lot of good people and a lot of good energy from this Community and that he hopes the Council will make it happen where it sticks around a bit. He thanked the Mayor and Council.

Rowan Mulvey, instructor and student in Homer Community Schools Program and non City resident and works inside the City, mentioned that by having community programs such as Community Schools it provides people in this community the opportunity to figure out how they can participate in the community as the Mayor and Council does on a regular daily basis. Everyone has to find their way to be able to do that. The Homer Community Schools Program provides that opportunity for a lot of people that have something to offer, but who are not really sure how to go about making it available to people. She reported that Homer Community Schools did that for her nine years ago when she moved here and expressed her thankfulness for the program. If one looks at Community Schools as it stands now and look at the record it will provide a lot of important information on how to figure out how to move forward with the program, understand how much it is going to cost and understand how much it is going to save. By allowing this program to remain intact and continue there is the opportunity to take advantage of what the Borough has offered, the excellent leadership that Michael Illg has provided for the program and it is a win/win situation for everybody. Minimal cost, maximum benefit. In light of the recent unfortunate events with a young person in our community brings us to an awareness of the importance of having appropriate activities for people of high risk age. This Meth Amphetamine issue that has recently come to the surface in this home town provides an opportunity to reflect on the importance of keeping this high risk population involved in appropriate activities. Homer Community Schools does that, approximately half of the people served by Community Schools are of the age that they become at high risk for drug involvement. She thanked the Mayor and Council for their time and attention.

Larry Garvey, City resident, stated that he came tonight to make clear his support for the Community Schools, that he has been in mainly the basket ball program, both the Over the Hill Gang and the City League. He stated that he believes Mike Illg does a great job of what he does in handling those programs and that he has also seen the pamphlet that has all the other courses that are offered. Mainly in basketball, he has noticed the hours spent per person, hundreds of thousands of hours of people participating in these activities. It is a very valid program. He asked the Council to go ahead and administer and support this program. In response to a comment by the Mayor, Mr. Garvey advised the Mayor that he does qualify for the Over the Hill Gang.

William Connor stated that he thinks that Community Schools should stay so that home schoolers like him can do sports like wrestling, swimming and fencing. He stated that without Community Schools he could not do sports and that this is why he feels that Community Schools should stay. He thanked the Mayor and Council.

Josephine Ryan, City resident, stated that she has taken classes off and on through the past many years, through Community Schools. She stated that it is an excellent program and it has given her a chance to take some classes at good prices where it was not expensive like going through the college. Even though she is a student at the college right now, she advised, she has also taken classes through the Community Schools providing a variety. All of the sports that are offered for the kids are extremely important. It is an extremely important program. She asked the Council to please consider keeping it, that it is important for the community and for the people, especially the kids. She thanked the Mayor and Council.

John Hannan, City resident, stated that when he first came to Homer fencing was a lot cheaper than it was Kansas, where he formerly lived. This opened up a whole new road for him. Now he has been fencing for a long time and that he wishes to do so. He thanked the Mayor and Council.

Paul Hannan, City resident, stated that John was representing the idea at the state Spelling Bee and is a contender for fencing, as Wes (1) says, adding that John really does enjoy it. Mr. Hannan stated that three out of his other four children have just joined Karate. He commented that he found out last week that this program was in jeopardy and wanted to voice his opinion. Council has a lot of investing and money that can go this way or that way, but the City of Homer is on the edge of a potential catastrophic drug problem. There are all so many other children involved in Homer Community Schools that are not home schooled. Yes the Program provides a tremendous opportunity to kids that are home schooled to do these extra curricular activities, such as sports, and that is great and they need that, but, it also gives an avenue to kids who just have nothing else to do. He noted that everyone knows that if a kid has nothing to do, if bored, he is going to, most likely, get into trouble. This is a tremendous investment that the City can make in the future of Homer, by continuing to invest and investing as much as possible in a program that is going to prevent catastrophe in the future. He stated that it is a tremendous program, that the teachers and everybody, that he has met, are just wonderful. He noted that it is essential for his children to be involved in this. There are other kids, in town, that are going to the local school system that really do need something to do. He thanked the Mayor and Council.

Mayor Hornaday pointed out that the City already puts about $1 million into youth activities, therefore, is actively supporting a number of youth activities.

Nancy Hannan, resident, thanked the Mayor and Council for providing this chance for them to give their feed back. She reported that they moved here about four years ago and that one of the greatest things that they discovered was the Community Schools Program. She commented that every year it seems like it comes up and has to be voted on and they have to fight for it. She stated that it would be nice to not have to keep fighting for something that all agree is so great, that she is not sure of all the ins and outs of how that can happen, but from what she has heard that the Homer Community Schools is one of the most cost effective ways that the City of Homer can help provide something for our youth and for everyone in this community. It is really worth keeping and it doesn't costs very much. It is everybody pulling together and giving freely of their time and talents. The facility at the school is completely free, a very significant thing. Without that there would have to be a Community Center built as in Kachemak City and that would probably be prohibitive. She voiced her hope that the Mayor and Council can figure out a way to come up with the funds needed to make this happen, because it really is important. She asked the Mayor and Council to please keep Community Schools.

West Shocked (2), thanked the Council for the opportunity of the meeting, especially the language and arts department. He relayed hearing recently that in the Russian Villages at the end of the road that they are ending their language emergent program for cultural language, Russian, and that they are offering language as a fill a confers type thing instead. He expressed his opinion that it is very important that they have the opportunity to retain their culture and language as well and arts too. He commented about Jewel (3), who probably went to Community Schools, and there are a lot of talented young people here. Without the Community Schools program the children are more likely to get into trouble or run away to another City or coerce their parents into moving to another City. He thanked the Mayor and Council.

Tim Daugharty, Mayor interjected an introduction that Mr. Daugharty was Homer's first Recreation Director and Coach of Homer's Championship Basketball Team, stated that as the Mayor pointed out he was the first Recreation Specialist in town when Homer entered the symbiotic agreement between the School District and the City and that this was a means to start looking at park development and basically, trying to ensure that the residents were taken care of. Larry Farnen, City Manager at the time, said that they were visionaries and called them idiots, because the vision was not where Homer was or should be, emphasizing that Homer is almost there. He noted that they were proponents of making use fees on the Spit for camping, develop a Parks Department within the City, a Skateboard Park, ideas of a teen or Community Center, developed the Sidewalk and Trails Plan, developed a Landscape Ordinance, all of which have been used as resources in the last few years as kind of tools. He concurred that at that time they were idiots, not very smart, because the City was not ready for that, however, the City is ready now. The Community Schools with the partnership of the City's very competent Parks Director is really the next natural step for the City to develop a Parks and Recreation Department. He suggested marrying the Parks Department and Community Schools and that, finally, after 20 plus years the ability exists to create a system. There is a facility coming open when the college leaves the west campus, which looks like a pretty nice place for a Community/Teen Center. In that way there would be management and administration of the Park, get the Seniors involved and what better way or persons to do that then the Community Schools Program. He encouraged the Mayor and Council to take a look at the big picture. This is right on the dawn of a very positive time. If the Mayor and Council look at the user fees and look at a way to fund that. He thanked the Mayor and Council very

Bonnie Jason, Mayor introduced her as the organizer of the Playground Project, stated that is something that she wanted to bring up, adding that she is a City resident. She commented that she wanted to take the opportunity to tell the Mayor and Council what a fabulous thing the partnership between the City and the Homer Community Schools has been in the past. She relayed that a few years ago they decided to join forces and created a park up at the Ballfield (4) and that it has become a gathering place for members of the community, the community beyond Homer, a place where one can find Russian children interacting with Homer children and visitors, who are staying at the campground, interacting with Homer children. She noted that this has been a wonderful partnership and that she would really encourage the Mayor and Council to explore what the partnership between Homer Community Schools and the City can bring in the future. She thanked the Mayor and Council

Nathan Traugott commented that his three siblings and he are members of the Smith's Kimbo Karate Class and as home schooling students this is pretty much the only way that they could do this and a lot of other stuff and that they would just like to continue that. He thanked the Mayor and Council.

Larry Slone, Homer resident, expressed opposition to Ordinances 06-16, 06-17 and 06-18 regarding modifying the composition of the various Commissions in that there basically a philosophical difference between the City residents and the non City residents. It is true that some of the non City residents do own property inside the City and are paying taxes, but it is not the same burden as for those who reside inside the City, who are here for various reasons whether for the convenience of the work, shopping or schools, or social benefits, arts and crafts, and/or activities going on around town. There is a detrimental aspect of it, living in amongst close quarters, neighbors on all sides, in many instances their structures block view, no wide open vistas as rural residences have, more crime to contend with, and there are ordinance restrictions whether it be from dogs, noise or appearance. He noted that there are these problems that people in the rural areas simply do not have to deal with, because there is this difference, and therefore, it is important to him that the composition of the Commissions remain based within the town. Even though the Commissions are just advisory the fact remains that they are doing a lot of the leg work for Council and their decisions are given weight by the Council, and, therefore, is significant. He commented on the quorum of seven members being four and if there were three from outside the City and two Homer residents were absent then the non resident members would have the opportunity to, in effect, high jack the decision making within the Commission. He stated that he does not think that this is probably appropriate adding that non residents do have the opportunity to give in put, as mentioned before, they will have at least one representative any way and also they have the opportunity to give in put here through the public testimony. He commented on the Community Program that everybody else is talking about, noting that he attends several of them, volley ball and some of the dancing. He commented that the people that he sees there are the same group of people, self motivated people, organized people and that they are not the type of people that are at risk. He stated that he cannot speak for the younger folks and noted the young testifier comments, that this was a real life saver for them to have access to this program. The point remains that it is costing the City residents a lot of money and a lot of these programs are self directed either by the volunteers or by the people running the programs. $24,000.00 or $25,000.00 a year just for PERS and Insurance is a tremendous amount of money to pay just for someone to run the program and is something that needs to be reconsidered.

Ray Kranich, City resident, stated that he is certainly not going to comment opposed to the Community Schools Program, adding that he is sure that it provides some pretty broad educational, as well as recreational, opportunities for residents of the entire area. He commented that he does, however, take opposition to comments that he hears quite often about the poor kids not having anything to do and that they'll get in trouble. He commented that when Mr. Slone, Councilmember McLay and himself were growing up that they all must have been in trouble and hundreds of others, because during the years he grew up here, a little ahead of Mr. McLay, there was not even a gym and the Theatre was hit and miss at best until 1957 and there was no T.V. He noted that their parents had to be parents and just could not be residents living in the same house as a bunch of kids and that this duty should still apply today. He commented on Ordinance 06-12 reiterating that this is not an advisory Ordinance and that there is nothing in it anywhere that mentions that it is just strictly advisory and that it is a Code change. It is not tied to any other subsequent Code changes to come along, in other words to take effect when something else happens. It's, also, a change in an area that does not exist. As Council knows, there is a comprehensive process underway to accomplish this and far more, that Council set in place, and this is totally out of place and totally uncalled for. He commented on Ordinance 06-16 and the Memo from the Port and Harbor Commission and asked the Council to listen to them. Ordinance 06-17, the Planning Commission provided input and Mr. Kranich noted that there is no Memo noted on the agenda.(5)Regarding Ordinance 06-18, he asked the Council to leave that Commission the way it would have been originally without the added non resident. City business should be conducted by City residents, the non residents already have a voice, have a seat and have a seat at this table and do take advantage of it quite often and also have all of the Commissioner's phone numbers and everything to have their input into City business.

Shay Hoffman, City resident, expressed her assurance that many responsible citizens have grown up without benefit of a program like Community Schools. She advised that her son, already at five, has been, with her, to Spanish, sign language classes, and gymnastics, things that they could not have done without Community Schools, being on a limited budget. She emphasized that this is something that will benefit her son for many, many years and will benefit many other people. Investing in a well rounded community is a solid investment. It is expensive, but it is a lot more expensive when community involvement and good programs are not supported. Much more expensive at the other end. She thanked the Mayor and Council.

RECONSIDERATION

None scheduled.

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.)

Councilmember Novak requested that Item D. Resolution 06-40, be placed under Resolutions as item C.

A. Homer City Council unapproved meeting minutes of March 28, 2006 Regular Meeting. City Clerk. Recommend approval.

B. Resolution 06-38 , Of the City Council of Homer, Alaska Expanding Housing and Urban Development's (HUD) Definition of Homelessness; Providing Local Flexibility, Responding to Families, Children, and Youth. Mayor. Recommend adoption.



C. Resolution 06-39 , Of the Homer City Council that Saturday, June 3, 2006 be the Second Annual Community Park Day. Mayor/Parks and Recreation Commission. Fiscal Note: $300.00 from 100.100.5206. Recommend adoption.

D. Resolution 06-40, Of the City Council Amending the City of Homer Fee Schedule, Clerk Fees, Regarding City Facility Use Fees. Heimbuch. Fiscal Note: Revenues. Recommend adoption.

Placed under Resolutions as Item C.

E. Resolution 06-41, Of the City Council of Homer, Alaska in Support of Compiling an Oral History of the Exxon Valdez Oil Spill. City Manager. Recommend adoption.

F. Resolution 06-42, Of the Homer City Council Approving Design and Construction Contracts with Leo Vait and Paul Rourke for Art and Associated Construction at the New Homer Public Library. City Manager. Fiscal Note: Funds Budgeted and Available in Library Construction Budget. Acct: 151-722. Recommend adoption.

G. Resolution 06-44(S), Of the Homer City Council Expressing its Appreciation for the United States Coast Guard Presence in Homer and to the Officers and crew of the USCGC Hickory and USS Roanoke Island for the Significant Contributions They Make to the Community. Mayor. Recommend adoption.

H.. Memorandum 06-57, from Mayor, Re: Reappointment of Sean Martin and the Appointment of Glen Carroll to the Homer Port and Harbor Advisory Commission, the Appointment of Doug Stark to the Transportation Advisory Committee (formerly the Road Standards Committee), and the Appointments of Gloria Corey, Jon Faulkner, Robert (Bob) Howard, Jeff Murphy, Angie Newby, Colleen Riley, David Scheer, and Mary (Beth) Wythe to the Economic Development Advisory Commission. Recommend confirmation.

McLAY/WYTHE - SO MOVED, TO ADOPT AND/OR APPROVE THE RECOMMENDATIONS OF THE CONSENT AGENDA AS READ AND AMENDED.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

A. Homer Foundation, Report by Joy Steward on the City's Grant Program.

Joy Steward gave a report on the City's Grant Program and provided a written copy. The name of the program is the City of Homer Grants Program. The written report delineates the process and guidelines. It stipulates, in the guidelines, that this is funding through the City of Homer. This year with the $20,000.00 allocation in addition to the $6,208.00 in earnings from the City endowment fund, and in the spirit of cooperation the City of Kachemak, also has a small endowment fund, contributed $1,367.00 to the program for a total of $27,575.00 to distribute through this year's City of Homer grants program. A committee is selected made up of Homer Foundation Boardmembers: Connie Alderfer - Distributions Chair, who chaired this committee along with Bonnie Jason, Anne Keffer and Kurt Ohlson - all Boardmembers of the Homer Foundation. Committee members at large were Maryann Fell, Mary Oldham and Bruce Peska. The Committee undergoes a rigorous review program. She asked the Mayor and Council to join her in recognizing the hard work that these Committee people do: Two meetings- 1. Get their packets and review the criteria, one week to review all of the applications. 2) Spend a long evening coming to a decision making process and scoring the applications together. She reported that the Foundation has a rather stringent Conflict of Interest Policy and that any conflicts, whether or not deemed to be actual conflicts, are written up as disclosures in the report. There were seven applications and the recommendations for ward were: Center for Alaskan Coastal Study $ 5,300.00

Cook Inlet Keeper $ 3,500.00

Homer Council on the Arts $ 5,500.00

Homer Senior Citizens $ 4,000.00

Hospice of Homer $ 3,700.00

South Peninsula Haven House $ 3,200.00

South Peninsula Hospital Community Health Services $ 2,375.00

Total$38,300.00 in requests, appropriated $27,575.00 to award.

Approved at the Homer Foundation Board of Trustees meeting of March 22, 2006. Letters of Award have gone out to all grantees. Before they get their checks they have to submit a letter of agreement that stipulates the contractual requirements: how the money was used, final report at the end of the period, etc. The grantees will get the checks as soon as the City of Homer forwards the funding to the Homer Foundation.

Ms. Steward expressed the Foundations pleasure at being a partner with the City of Homer and reminded the Mayor and Council that they do this without any fee or benefit and that there are many, many hours of volunteer time and staff time to pull the process together. The Foundation is very happy to be able to do that, to assist the City in supporting Homer's vital non profit community. One of the things that is very hard for any non profit organization to come up with is operational support for which these funds are specifically designated and the non profits are challenged to use these funds for leveraging other funds to bring new dollars into their organizations and other times into the community. She commended the Mayor and Council for keeping to the larger vision by adding additional funds to the City endowment funds, the source of the extra $6,200 in earnings this year. She reminded the Mayor and Council of their original goal for the fund to be large enough to spin off enough earnings to not have a non profit line item in the City budget. She reported on the Arctic Winter Game grant, that she had submitted a full report to the City Manager and was also supplying the City Clerk a copy for the Mayor and Council. The Homer Foundation added in excess of $1,300.00 to the $40,000.00 from the City to meet all of the requirements that were approved. This was another rigorous review process and Homer Hockey Association was the only applicant that met the criteria, specifically for Arctic Winter Games, she elucidated the process, guidelines and application requirements. She encouraged the Council to look to the Homer Foundation again, in the future, when they can be a partner to make really great things happen in this community.

Mayor and Council expressed appreciation and congratulations for the work and investment strategies of the Homer Foundation. The reported percentage return - balance port folio about 21% and the income port folio in excess of that.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. Mayoral Recognition - Greg McCullough 30 Years with City of Homer, Police Department.

Mayor Hornaday and Chief of Police, Mark Robl, presented the plaque to Greg McCullough.

Plaque read: WHEREAS, Greg McCullough was hired as a dispatcher by Police Chief Mike Daugherty on April 12, 1976; and WHEREAS, Greg has the distinction of being the first City employee to reach 30 years; and WHEREAS, during his thirty years of employment Greg has received numerous commendations for his outstanding service as a Public Safety Dispatcher and on many occasions gone above and beyond his duties as a Dispatcher to assist the Department and the public; and WHEREAS, Greg is well respected and valued by his co-workers, police department administration and members of allied agencies; and WHEREAS, Greg was a leader in updating the Homer Police Department from paper to the computer age and wrote the Police Department's first law enforcement management software system; and WHEREAS, Greg McCullough has served in the following capacities since his employment in 1976:

April 12, 1976 - March 29, 1987 Chief Clerk/Dispatcher

March 30, 1987 - June 30, 1992 Clerk/Dispatcher III

July 1, 1992 - April 18, 2004 Public Safety Dispatcher III

April 19, 2004 - present Lead Dispatcher

NOW, THEREFORE, I, James C. Hornaday, Mayor of the City of Homer, do hereby, and with great pleasure recognize Greg McCullough for thirty years of dedicated work as a dispatcher for the Homer Police Department.

B. Memoranda 06-59, 06-60, 06-61 Report from Port and Harbor Commission, Re: Seabulk Pride Grounding and Local Preparedness, 2006 Fisheries Economic Development Grant Program and Election of Officers.

Kenai Peninsula Borough Assemblymember Deb Germano briefly reported to the Council regarding the Senior Exemption on Property tax, advising that the Ordinance to cap the exemption failed introduction and that she and Assemblymember Gary Superman will be bringing forward to the Assembly an Ordinance to set the residential requirements for the Senior Citizens applying for the exemption.

Mayor called for a recess at 7:56 p.m. reconvening the meeting at 8:03 p.m.

PUBLIC HEARING(S)

A. Ordinance 06-21, Of the City Council of Homer, Alaska Amending Homer City Code Section 21.44.040, Urban Residential UR and 21.45.040, Rural Residential RR Concerning Dimensional Requirements. City Manager. Requested by Planning Commission. (First Reading March 28, 2006,Public Hearing April 10, 2006, Second Reading April 24, 2006.)

Memorandum 06-64, from City Clerk, Re: Recommending Amendments.





A.1. Resolution 06-number not assigned at this time, Of the Homer City Council Identifying Rights-of-Way within the Rural Residential and Urban Residential Zoning Districts that Access Kachemak Bay Determined to be Unsuitable for Road Construction. City Manager. Requested by Planning Commission. Follows same schedule as Ordinance, No action until April 24, 2006.

Ray Kranich, resident of the City of Homer and Planning Commissioner, stated that he would just like to address this Ordinance briefly, by referring to the Resolution, the Ordinance sets out the names of the streets for which the Ordinance applies. He noted that it is darn shaky that a roadway would ever be built on any of these right of ways listed. The lots that front on these mostly have a right-of-way on two sides, each currently requiring a 20 foot set back. The Planning Commission reviewed this, noted that odds are that there is never going to be a road built to the beach, so why not allow the people to utilize their property, while still retaining the full 60 foot right-of-way for pedestrian and public access to the beach. This Ordinance would not convey any public property back into private hands, the full right-of-ways will remain, but will merely allow the property owners to utilize their property a little more fully.

B. Ordinance 06-22, Of the City Council of Homer, Alaska, Amending the Homer City Zoning Map to Rezone Portions of the Urban Residential (UR) to Residential Office (RO). Extending the RO to include all of Lot 37-A, A.A. Mattox Subdivision Homer Professional Building Addn. and Lot 12-A, A.A. Mattox Sub. No. 8. and Rezoning Lot 1, A.A. Mattox Subdivision No. 8. from UR to RO. City Manager. Requested by Planning. (First Reading March 28, 2006, Public Hearing April 10, 2006, Second Reading April 24, 2006.)

There was no public testimony.

C. Ordinance 06-23, Of the City Council of Homer, Alaska Accepting and Appropriating a Grant of $60,000.00, 75% Funded by the Federal Sport Fish Restoration Act and 25% Matching Funds from the Alaska Department of Fish and Game, to Replace the Fish Cleaning Tables at Ramp 4 and to Relocate this Cleaning Station, and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue and Expenditure Account Numbers are 415-919. Port and Harbor. (First Reading March 28, 2006, Public Hearing and Second Reading on April 10, 2006.)

There was no public testimony.

WYTHE/NOVAK - MOVED FOR THE ADOPTION OF ORDINANCE 06-23 BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.







ORDINANCE(S)

A. Ordinance 06-12, Of the City Council of the City of Homer, Alaska Amending Homer City Code 21.48, Central Business District (CBD) by Deleting Some Allowed Uses. Stark. (First Reading February 27, 2006, forwarded to Planning Commission for public hearing and comment, conduct Council's public hearings March 13 and 28, 2006, Second Reading on April 10, 2006.)

Memorandum 06-63, from Planning Commission.

Mayor Hornaday reiterated his previously stated conflict of interest on this Ordinance, handed the gavel to Mayor Pro Tempore McLay and left the table.

STARK/SHADLE - MOVED FOR THE APPROVAL OF ORDINANCE 06-12 BY READING OF TITLE.

There was no discussion.

STARK/HEIMBUCH - MOVED TO POSTPONE FINAL ACTION TO THE 22ND OF MAY.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Mayor Hornaday returned to the table at 8:10 p.m. and received the gavel back from Mayor Pro Tempore McLay.

B. Ordinance 06-16 , Of the City Council Amending Homer City Code Chapter 1.72 Title to Read Port and Harbor Advisory Commission and Amending Sub Section 1.72.010(a) Commission--Creation and Membership, to Change the not more than Two Members may be from Outside the City Limits to not more than Three Members may be from Outside the City Limits. Shadle. (First Reading March 13, 2006, Forwarded to Port and Harbor Advisory Commission for input, Public Hearing March 28, 2006,Second Reading on April 10, 2006.)

Memorandum 06-58, from Port and Harbor Advisory Commission as backup.

SHADLE/STARK I'D LIKE TO MAKE A MOTION TO WITHDRAW ORDINANCE 06-16.

Heimbuch called for an immediate point of order regarding withdrawal before the motion is on the floor.

Mayor Hornaday ruled in concurrence with the point of order.

HEIMBUCH/STARK - SO MOVED FOR THE ADOPTION OF ORDINANCE 06-16 BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.

There was no discussion.

SHADLE/STARK - I'D LIKE TO MAKE A MOTION TO WITHDRAW ORDINANCE 06-16.

There was no discussion.

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

Motion carried.

C. Ordinance 06-17, Of the City Council Amending Homer City Code Amending Sub Section 1.76.010(b) Homer Advisory Planning Commission established, To change the No more than one of its members may be from outside the City limits to No more than Three of its Members may be from Outside the City Limits. Shadle. (First Reading March 13, 2006, Forwarded to the Homer Advisory Planning Commission for input, Public Hearing March 28, 2006, Second Reading on April 10, 2006.)

HEIMBUCH/STARK - SO MOVED FOR THE ADOPTION OF ORDINANCE 06-17 BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.

There was no discussion.

SHADLE/HEIMBUCH - I'D LIKE TO MAKE A MOTION TO WITHDRAW ORDINANCE 06-17.

There was no discussion.

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

Motion carried.

D. Ordinance 06-18, Of the City Council Amending Homer City Code Sub Section 1.78.010(a) Economic Development Advisory Commission to Change a Minimum of Five Commissioners to a Minimum of Four Commissioners shall Reside within the Corporate Limits of the City of Homer and shall be Registered Voters in the Kenai Peninsula Borough or the City or Homer and to Amend all References to the Overall Economic Development Plan in the Homer City Code Chapter 1.78 to the Comprehensive Economic Development Strategy. Shadle. (First Reading March 13, 2006, Public Hearing March 28, 2006, Second Reading on April 10, 2006.)

HEIMBUCH/SHADLE - SO MOVED FOR THE ADOPTION OF ORDINANCE 06-18 BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.

There was no discussion.

SHADLE/HEIMBUCH - I'D LIKE TO MAKE ANOTHER MOTION TO WITHDRAW ORDINANCE 06-18.

There was no discussion.

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

Motion carried.

CITY MANAGER'S REPORT

A. City Manager's Report (Updates/Follow Up: 1. Port of Refuge Meeting; 2. Hurlen Settlement amount $800,000.00 received and placed into Port and Harbor Reserves; 3. Street Repaving Projects - six local projects approved in 2004 placed on April 24th Committee of the Whole agenda by Mayor Hornaday; 4. Community Schools see Resolution 06-35 under Resolutions; Spit Trail Parking - expand existing parking area at the base of the Spit. Project description and budget for April 24 or May 8 meeting; 6. Used Front End Loaders - out to bid; 7. Library Contracts - See Resolution 06-42 on the Consent Agenda. April Employee Anniversaries: Greg McCullough HPD 30 years, Jerry Lawver and Steve Martin PWD 15 years, Chris Dabney PH 7 years, Steve Boyle HVFD 6 years and Helen Hill Library 5 years.)

1. Kenai Peninsula Economic Report

City Manager Wrede highlighted number 3. Street Repaving projects and that the Mayor has placed this matter on the next Committee of the Whole agenda. This is an important topic, six repaving projects that the Council approved six years ago that got put off for a number of reasons. The City now has the survey information and regarding ditches and utilities. Need to take another look at where bike trails can be constructed and the associated costs. He stated that it is important to talk about this now to get this projects done this year. He also highlighted number 2. The Hurlen Settlement, that there was some very brief discussion about where to allocate this money. The City has received this money. Right now it is in the Port and Harbor Reserve Fund and there will be an Ordinance to the Council next meeting to appropriate this money.

He responded to Councilmember Stark inquiry that the money granted for fireplace was $25,000.00 as is noted in the awarding Resolution 06-42.

Councilmember Wythe expressed her desire for the General Fund to be repaid, at a minimum, for the legal expenses incurred for the Hurlen case, recognizing that the City's General Fund Reserve is not in much better shape than the Port and Harbor Reserve Fund.

There were no further comments.

COMMITTEE REPORT

A. Public Arts Committee (Meeting April 13, 2006 at 1 p.m.)

B. Transportation Advisory Committee (Meeting April 11, 2006 at 5:30 p.m.)

There were no comments.

PENDING BUSINESS

None scheduled.

NEW BUSINESS

None scheduled.

RESOLUTIONS

A. Resolution 06-35, Of the Homer City Council Expressing its Intent to Assume Responsibility for Administration of the Homer Community Schools Program on a Trial Basis Beginning on July 1, 2006. City Manager. Fiscal Note: Estimated Annual Budget: $145,352.00. Postponed March 28, 2006 to April 10, 2006, Motion for adoption required.

Memorandum 06-62, from Personnel thru City Manager, as backup

Written comments.

STARK/NOVAK - SO MOVE THE ADOPTION OF RESOLUTION 06-35 BY READING OF TITLE.

Some discussion about the worthiness of the program, projected budget, budget reductions, etc.

NOVAK/MCLAY - PROPOSED AN AMENDMENT TO RESOLUTION 06-35, I'D LIKE TO AMEND THE RESOLUTION TO STATE THAT STATE THAT ON A TRAIL BASIS, LET ME REPHRASE THAT, A RESOLUTION OF THE HOMER CITY COUNCIL EXPRESSING ITS INTENT TO ASSUME RESPONSIBILITY FOR ADMINISTRATION OF THE HOMER COMMUNITY SCHOOLS PROGRAM FOR ONE YEAR WITH THE INTENT TO DRAFT AN ORDINANCE THAT CREATES A DIVISION FOR COMMUNITY SCHOOLS AND A BUDGET IN THE DEPARTMENT OF ADMINISTRATION, AND THEN AT, WITH A VOTE FOR THE APPROVAL OF THIS ORDINANCE AS A VOTE OF SUPPORT BY THE COMMUNITY ON THE NEXT ELECTION IN OCTOBER.

There was some discussion about the division under administration and an advisory vote of the City residents to provide direction to the Council regarding the financial aspects that would indicate it is a priority with the City voters.

WYTHE/ I'D LIKE TO MOVE TO POSTPONE UNTIL OUR NEXT MEETING ON 4/24, IT SHOULD STILL ALLOW ADEQUATE TIME FOR ADVERTISING AND SELECTION OF A REPRESENTATIVE FOR THAT PROGRAM THAT WOULD GIVE US AN OPPORTUNITY TO LOOK AT THE ACTUAL FINANCIAL IMPACT AND WHERE THE MONEY IS GOING TO COME FROM.

Motion died for lack of a second.

Discussion pro and con. This amendment would hold the Council to another action down the road to place the question on the ballot, that contains the exact wording on the ballot. Deadline for the ballot is the first meeting in August.

HEIMBUCH/ - AS A FRIENDLY AMENDMENT I WOULD REALLY LIKE TO SEE THIS INCLUDE AN AMOUNT AND A DEDICATION FROM SALES TAX TO THIS PURPOSE.

Mayor Hornaday did not recognize this as a friendly amendment.

Discussion ensued regarding the budget amount and Council needing to make a decision regarding that proposed amount.

VOTE: (primary amendment1.) YES: HEIMBUCH, McLAY, WYTHE, SHADLE, STARK, NOVAK.

Motion carried.

HEIMBUCH/ - I'D LIKE TO PROPOSE ON THE AMENDED MOTION TO AS IT STAND AS NOW THAT WE ADD INTO THE BALLOT LANGUAGE AN AMOUNT TO BE DETERMINED IN DISCUSSION HERE, AND A DEDICATION FROM OUR SALES TAX TO FUND THAT AMOUNT AS THE BALLOT LANGUAGE FOR THIS FALL'S.

Mayor Hornaday ruled that the first part of this motion is too confusing.

Some discussion.

HEIMBUCH/WYTHE - AMENDMENT THAT I PROPOSE NOW IS TO INCLUDE A FISCAL NOTE AND A FUNDING SOURCE ON THAT BALLOT LANGUAGE.

There was some discussion pro and con. A fiscal note has already been provided and putting it on the ballot could tie the Council's hand to a specific amount. Concern was expressed with funding this Program today and in the future, that once the City buys it the City owns the Program. This Program is not one of the things for which the City is required to have a sustainable income.

VOTE: (primary amendment 2.) YES: SHADLE, STARK, NOVAK, HEIMBUCH, WYTHE.

NO: McLAY.

Motion carried.

Discussion ensued along the same lines.

NOVAK/STARK - MOVED TO AMEND THE MOTION AS AMENDED, AND WHAT I WOULD PROPOSE THAT WHEN THE ORDINANCE IS DRAFTED IT WOULD INCLUDE A BUDGET FISCAL NOTE, THERE WOULD NOT BE A STATEMENT AS TO WHERE IT IS COMING FROM.

Discussion.

VOTE: (primary amendment 3.) YES: WYTHE, SHADLE, STARK, NOVAK, HEIMBUCH, McLAY.

Motion carried.

WYTHE/HEIMBUCH - MOVED TO CHANGE THE ESTIMATED ANNUAL BUDGET FOR THIS ITEM FROM $145,352.00 TO $125,590.00.

There was no discussion.

VOTE: (primary amendment 4.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

As a Housecleaning measure the Manager noted that the Title and the Now Therefore both need to reflect the 1 year and not a two year, etc., so that it reflects the one year straight through".

Discussion ensued.

Not pertinent to this subject, the Manager was asked if the Council was going to receive some budget reports.

Mayor Hornaday recognized Councilmember McLay's informal call for the question.

VOTE:(main amended motion) YES: McLAY, SHADLE, STARK, NOVAK, HEIMBUCH.

NO: WYTHE.

Motion carried.

B. Resolution 06-43, Of the Homer City Council Requesting the Finance Department to Provide an Accounting from the Past Two Years of the Actual Sales and Sales Tax Revenue as they Occurred During the Months of May, June, and July. Heimbuch. Recommend Adoption.

HEIMBUCH/McLAY - SO MOVED TO ADOPT RESOLUTION RESOLUTION 06-43 BY READING OF TITLE ONLY.

Councilmember Heimbuch clarified that the information that was provided from Finance pursuant to Resolution 06-32, basically, did not reflect what was requested. He stated that he asked for a discreet tally of the summertime sales tax revenues in order to compare what an increase during that time would be needed to offset a decrease during the other nine months. What was received was a flat line of a bunch of information. He emphasized that what he is looking for is a discreet amount for those summer time months. The best information, at this time, does not even seem to follow a pattern. It appears that the accrual of the sales tax revenues is out of sync with the actual sales. He stated that he needs to get a very good indication of exactly what the summer time traffic does to the City sales tax.

Councilmember Stark suggested changing from two years to one year due to the sales tax change that the Council made and that therefore one year would better reflect the sales tax revenue.

STARK/HEIMBUCH - SO MOVED TO CHANGE FROM TWO YEARS TO ONE YEAR.

There was no discussion.

VOTE: (primary amendment 1.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Discussion ensued. Councilmember Heimbuch elucidated the information previously received from finance and why it is not what he needed. There was comment that the Resolution is not needed and that all one has to do is ask for it.

STARK/SHADLE - MOVED TO CHANGE TO A TWELVE MONTH PERIOD.

There was some discussion.

VOTE: (primary amendment 2.) YES: STARK, HEIMBUCH, SHADLE.

NO: NOVAK, McLAY, WYTHE.

TIE VOTE: MAYOR: NO.

Motion failed.

HEIMBUCH/WYTHE - ASKED TO PULL RESOLUTION 06-43.

There was no discussion.

VOTE: (pulling resolution) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

C. Consent Agenda Item D. Resolution 06-40, Of the City Council Amending the City of Homer Fee Schedule, Clerk Fees, Regarding City Facility Use Fees. Heimbuch. Fiscal Note: Revenues. Recommend adoption.

HEIMBUCH/STARK - SO MOVED TO ADOPT RESOLUTION 06-40 BY READING OF TITLE ONLY.

Discussion regarding the issue of the Library Advisory Board developing their space use policy for the new Library.

NOVAK/WYTHE - MOVED TO POSTPONE.

Discussion about changing facilities back to City Hall. Desire was expressed that the fee should apply to all City buildings.

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

Motion carried.

COMMENTS OF THE AUDIENCE

Comments of the Audience on any matter.

Larry Slone commented about Resolution 06-35 that he is still not convinced that this is a necessity. It might be a nice convenience. Several testified that it is a benefit. He stated that if he were convinced that there was even some suggestion that this would prevent, say, half a dozen kids from getting involved in drugs for using the program then it would be worth its weight in gold. In lieu of that he stated that he is not sure the Mayor and Council should be supporting this without bringing it to a vote of the people. Mr. Slone voiced his opinion that taking this to the voters is a real good idea. Obviously there was a packed crowd in here this evening of supporters. There are many, many other people out there in the community and if they really want to get behind this, this is the opportunity to vote on it and resolve it one way or another. He thanked the Mayor and Council.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans was not present.

COMMENTS OF THE CITY CLERK

City Clerk Calhoun expressed appreciation to the Mayor and Council for funding the new PA System.

COMMENTS OF THE CITY MANAGER

City Manager Wrede stated that they will ask the Borough if there is a way to tease that information out that Councilmember Heimbuch is looking for, that he suspects the Borough can go back and, with all the records of all the individual filers, look to see where the sales took place, which month. He stated that he suspects that will be a lot of work and that the Borough will be real resistant to that.

COMMENTS OF THE MAYOR

Mayor Hornaday had no comment.

COMMENTS OF THE CITY COUNCIL

Councilmember McLay had no comment.

Councilmember Heimbuch thanked everyone on the Council and everybody in the room tonight for their patience, that there were some things that were a little bit difficult and arduous and that he appreciates everyone's attitudes here tonight.

Councilmember Shadle stated that it is good to be home and that this October when the Community Schools issue goes to the polls, it is a good idea, and that he projects a huge turnout, which is good and that he would like to see a good turnout.

Councilmember Stark stated that this is the longest two hour meeting that he has ever been in.

Councilmember Novak thanked the Council for the meeting, that they had an opportunity to have some discussion a little more than they have had. He noted that there were some issues that they were kicking around and trying to come up with some good solutions and that they took the time and effort to do that. He expressed appreciation for Council doing that and that he thinks that is why the Council is here. He stated that he looks forward to Community Schools being able to demonstrate their future viability in the next year, that is now locked in.

Councilmember Wythe thanked Councilmember Shadle for pulling his resolutions (6) for the various Commissions for giving those authorities to people outside the City. She congratulated Community Schools are their funding and that she just hopes that Mr. Stark's optimism pays off and that the City can actually afford to keep them after the City bought them.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 9:09 p.m. by Mayor James C. Hornaday. The Next Regular Meeting is scheduled for Monday, April 24, 2006 at 7 p.m., the next Committee of the Whole is scheduled for Monday, April 10, 2006 at 4 p.m. Worksession, and a Special Meeting is scheduled for Monday, April 24, 2006 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.



_____________________________________

MARY L. CALHOUN, CMC, CITY CLERK



Approved: ___________________________

1. Reference to Wes Cannon the instructor.

2. Did not sign in and Name was not distinguishable at the meeting nor on the digital recording.

3. May be a reference to Jewel Kilcher.

4. Karen Hornaday Hillside City Park

5. Memorandum was in the March 28, 2006 meeting packet an listed on the Ordinance reference sheet.

6. Ordinances 06-16, 06-17 and 06-18.