HOMER CITY COUNCIL

Session 05-10, a Regular Meeting of the Homer City Council was called to order at 7:00 p.m. by

Mayor James C. Hornaday at the Homer City Hall Council Chambers located at 491 E Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

PRESENT: COUNCILMEMBERS: McLAY, NOVAK, STARK, WYTHE, YOURKOWSKI, HEIMBUCH (after appointment)

STAFF: CITY CLERK CALHOUN

CITY MANAGER WREDE

BOA ATTORNEY CUTLER(telephonically for BOA)

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

Committee of the Whole from 4:02 to 5:30 p.m. Borough Comp Plan, included a Joint Session with the Planning Commission (three Commissioners present - Hess, Kranich and Lehner), Regular Meeting Agenda Items and Ordinance 05-14,Amending Homer City Code Chapter 3.05, Budget to Add a New Section 3.05.042, General Permanent Fund . Homer City Hall Council Chambers.

Public Participation Worksession on the Water and Sewer Master Plan from 5:32 to 6:26 p.m.

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 Council.

Additional information in supplemental packet - the Board of Adjustment Written Decision on the Vann Appeal. Correction to second reading date on Ordinance 05-22, should be April 25, 2005 as approved by Council on March 29, 2005.

STARK/YOURKOWSKI - MOVED TO SUSPEND THE RULES.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

STARK/YOURKOWSKI - MOVED TO SWITCH ITEMS 12 AND 13 ON THE AGENDA.

There was no discussion.

VOTE: YES: NON OBJECTION UNANIMOUS CONSENT.

Motion carried.

The rules were suspended to move switch Pending Business and New Business.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public Comments upon any matter on the agenda except Visitors Boys and Girls Club, Loretta Erickson and Homer Foundation - City Grants Report, Joy Steward; and Public Hearing items

Ordinance 05-16, Accepting and Appropriating $397,640.00 from the Kenai Peninsula Borough for Consultant Fees, Purchase and Installation of Icing Equipment, Ordinance 05-18, Appropriating $59,000.00 from Port/Harbor Reserves to Complete the Spit Restroom Project; Ordinance 05-21, Appropriating $9,087.00 for the Homer Animal Shelter Art Project, andOrdinance 05-22, Amending Zoning Permit Requirements.

Frank Griswold, City resident, commented on the Council vacancy and stated that in the case of Bob Folse, when he resigned, it took four votes to find his replacement, when Al Waddell resigned it took four votes and when Alan Parks resigned it took four votes. He inquired why all of a sudden only three votes are required, that it seems arbitrary, and stated that if three are deemed sufficient this should be in the Code. He noted that there are emergency measures in the Code when the Council is under a quorum in 1.24.050(b) and that this is not an emergency situation and there is a quorum. Under Homer Code 1.24.040(h) it says that four Councilmembers shall constitute a quorum, four affirmative votes are required for the passage of Ordinance, Resolution or Motion. He stated that the Council is now passing a motion and that he thinks they need four votes. He commented on Resolution 04-102 regarding amending the procedures in the Procedures Manual and Bylaws, that at page 332 of the packet under K, Abstentions, as proposed a Planning Commissioner could abstain for any reason by unanimous consent of the Planing Commission, adding that this is not consistent with state law. The state law that was quoted at page 367(b), was misquoted saying: Actions of the governing body are adopted by a majority of the total membership of the body, each member present shall vote on every question unless required to abstain from voting on a question of law. Mr. Griswold commented that the last time he read the Code it said on a question by law, which is a big difference. He voiced his opinion that the way it is written now if there were a legal reason mandating abstentions, such as conflict of interest, there would have to be a unanimous vote, which is not the intention. It is confusing, so instead of trying to make this close to state law, he suggested putting the state statute in the document and be done with it. Mr. Griswold pointed out that at the end of k. a member may not change his vote thereafter, expressing his thought that this is unnecessary, should not apply to just this section and that it does not take into consideration reconsideration or just a miss vote. He interjected that he thinks if it is a miss vote and before it is final, that it can be changed. He commented on page 341 of the packet, where it talks about appeal procedure, says all appeals must be heard within sixty days after the appeal record has been prepared and that all appeals must be decided by the agency hearing the appeal within sixty days after the appeal has been filed, which was changed to heard. He said that this seems like a very simple little change, but that it completely destroys the original purpose of this section of the Code, to get a timely resolution of an appeal matter. Justice delayed is justice denied. The way it is set up now there is no time limit for how long it takes to prepare the record. While there is a sixty day period..

Mayor Hornaday thanked Mr. Griswold, noting that his comment time was up.

Leonard Wells, City resident, spoke to the matter of filling the vacancy on the Council. He voiced his belief that it should require four votes of the Councilmembers as most everything else of any importance is required, interjecting that he sees no reason why the Council cannot function until the next election. He pointed out that if anything of much importance is brought up then four of the five should be able to agree and get it passed and if there isn't agreement of four of the five then obviously the matter is not of that great of importance.

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 Wythe requested that Ordinances 05-24 and 05-26 be placed under Ordinances as Items A. and B.

A. Homer City Council unapproved meeting minutes of March 29, 2005 Regular Meeting. City Clerk. Recommend approval.

B. Ordinance 05-09, Of the City Council of Homer, Alaska, Amending Homer City Code Chapter 5.30, Hunting, to Prohibit Trapping Within the City Limits. City Manager as directed by City Council via Memorandum 05-26.Chief of Police. Recommend introduction, conduct Public Hearing April 25, 2005 and Second Reading May 9, 2005.

C. Ordinance 05-20, Of the City Council of Homer, Alaska Accepting and Appropriating a USDA Community Facility Grant of $880,792.00 and a USDA Loan of $1,700,000.00 for the Library Building Project and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue Account 151-722, USDA Community Facility Grant $ 880,792.00 and USDA Loan $1,700,000.00, Expenditure Account 151-722 Library Building Project $2,580,792.00. Recommend introduction, conduct Public Hearing and Second Reading April 25, 2005.

D. Ordinance 05-24, Of the Homer City Council Accepting and Appropriating a Federal Appropriation for Arctic Winter Games Related Transportation at the Homer ice Rink/Multi Purpose Facility and Providing for a Local Match and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Not: Revenue Account 151-726 Federal Appropriation - DOT $400,000.00 and City Match $36,120.00 (unbudgeted - combination of cash, in-kind contributions and private donations). Expenditure Account 151-726 Homer Ice Rink/Multipurpose Facility $436,120.00 for Transportation Improvements Recommend introduction and conduct public hearing and second reading on April 25, 2005.

To Ordinance as Item A.

E. Ordinance 05-25, Of the City Council of Homer, Alaska, Accepting and Appropriating an Alaska Department of Transportation (ADOT) Reimbursement of up to $6,605.00 for Commercial Vehicle Enforcement Inspections and Authorizing the City Manger to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue Account 151-731-4512 ADOT Commercial Vehicle Inspection Reimbursement $6,605.00. Expenditure Account 151-731 $6,605.00. Recommend introduction and conduct public hearing and second reading on April 25, 2005.

Memorandum 05-61, from Chief of Police as backup.

F. Ordinance 05-26, Of the City Council of Homer of Homer, Alaska Amending the 2005 Budget to Implement Ordinance 05-03(A), Proposition of March 22, 2005 Election, Resolution 05-36, and Increasing the Election Budget. City Manager. Fiscal Note: 1. Reduce Property Tax 100-005-4101 by $363,842, Increase Sales Tax 100-010-4201 by $363,842 , 2. Add back Temp Parks Maintenance position 100-175-5103 $9,335 and Fringe Benefits PT 100-175-5104 $1,783. 3. Increase Elections budget for cost of special election $4,440. Recommend introduction, conduct Public Hearing and Second Reading April 25, 2005.

To Ordinance as Item B.

G. Resolution 05-42, Of the City Council Finding the Need to Create the Kachemak Drive Phase One Water Local Improvement District and Setting a Public Hearing for Tuesday, May 24, 2005. City Clerk. Fiscal Note: To be funded from the Homer Accelerated Water and Sewer Program.Water - Total project cost estimated is $397,210.00. 75% = $297,907.50. Equal shares per parcel = $18,619.22. Recommend approval.

H. Resolution 05-43, Of the City Council Finding the Need to Create the Kachemak Drive Phase Two Water and Sewer Local Improvement District and Setting a Public Hearing for Tuesday, May 24, 2005. City Clerk. Fiscal Note: Funded by the Homer Accelerated Water and Sewer Program: Water and Sewer Total project cost estimated is $3,277,953.00. 75% = $2,458,464.75 Equal shares per parcel (86) = $28,586.80. Recommend approval.

I. Memorandum 05-64, through City Manager, Re: Polar Car Rental Lease Renewal. Fiscal Note: Car Rental Revenue estimated at $7,500 annually. Recommend approval.

J. Memorandum 05-65, from Mayor, Re: Reappointment of Ann Keffer to the Library Advisory Board, Constance J. Alderfer and David S. Anderson to the Public Arts Committee and the Appointment of John Velsko to the Port and Harbor Advisory Commission to fill the Disler Vacancy. Recommend confirmation

K. Memorandum 05-66, from City Clerk, Re: Liquor License Renewals for Kachemak Bowl, Mangia! Mangia!, Beluga Lake Lodge, Alice's Champagne Palace and Fat Olive's. Recommend non objection and approval.

NOVAK/WYTHE - MOVED TO APPROVE THE CONSENT AGENDA AS READ AND AS CHANGED.

Note: Items D and F. were placed under Ordinances at the request of Councilmember Wythe prior to reading of Consent Agenda.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

A. Boys and Girls Club, Loretta Erickson

Ms. Erickson gave her report after Item 7. She did a power point presentation and cited some statistics depicting the growth of the Boys and Girls Club in participant numbers and in programs. She thanked the Mayor for the Proclamation, for celebrating with them and thanked the Mayor, Council, City and Homer Community for continued support.

B. Homer Foundation - City Grants Report, Joy Steward

Ms. Steward was unable to attend due to rescheduling of a Homer Foundation Meeting.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. Boys and Girls Club Proclamation for prior week, April 3 - 11, 2005.

B. National Library Week. April 10 - 17, 2005.

Library Advisory Boardmember Tom Bursch thanked the Council for the slice of time to say a few words about what's going on at the Library. He commented that he knows they can feel it in the air; that it is unmistakable; the hope, renewal and opportunity can be felt; and that the reason is that this week is National Library Week. Where, across the Nation, there is a pause to appreciate the libraries and their vital role to the communities. He noted the location of the Library Proclamation in the packet. He noted that the Homer Library is using this week to kick off a new fund raiser for the Homer Library Foundation, which involves a beautiful hand made quilt. He encouraged all to stop by the Library, see this beauty and learn how to make a lasting gift to the Homer Library Foundation. He reported that the week will be wrapped up with the Annual Book, Plant and Bake Sale on Saturday the 16th. He asked that donations be dropped off on Friday the 15th, adding that volunteers may contact the Library at 235-3180. He voiced a big thanks to the City Staff that helped get the Library Project out to bid, noting that the requests for bid packets has been quite strong and that they are quite pleased with the level of interest in that project. He noted that there has been a huge effort on the part of the City to keep that thing going and noted that this is very much appreciated. He thanked the Council for their time, adding a hope to see everyone in the stacks at the Library.

C. Memorandum 05-67, from Councilmember Stark, Re: Floodplain Science and Strategies Conference in Seward, March 30 and 31, 2005.

Councilmember Stark briefly commented on his report, adding that this was a very fruitful conference and he appreciated being able to attend. He read part of the Memorandum into the record.

Mayor Hornaday thanked him for attending.

D. Prince William Sound Citizen's Advisory Council Report, John Velsko

E. Port/Harbor Commission Report: Memorandum 05-68, from Port and Harbor Commission Recommendation Regarding Port Industrial Subdivision No. 4, Lots 10A and 12C. andMemorandum 05-69, from Port and Harbor Commission Recommending Short Term Leasing Options for Port Industrial Subdivision No. 4, Lots 10A and 12C.

F. Library Advisory Board Oral Report. Already given.

Kenai Peninsula Borough Assemblyman Chris Moss gave a brief Borough Report: At the last meeting the Assembly received both Resolutions forwarded to the Borough by Homer. Urging the Borough to amend the Bed Tax Ordinance so that Cities could have that opportunity to tax as well. If this passes it will also give the fist class cities the opportunity to tax on the bed tax, according to the attorney. The other methodology is to become a home rule city, as both Seward and Kenai. He advised that the Assembly nor the Borough can do anything about capping property tax since state law requires that property be assessed at full and true value every year. Property is reassessed every five years.

There was a brief question and answer period mostly about solving the Borough financial puzzle.

Mayor Hornaday noted that April 30th is Homer Clean Up Day.

PUBLIC HEARING(S)

A. Ordinance 05-16, Of the City Council of Homer, Alaska Accepting and Appropriating $397,640.00 from the Kenai Peninsula Borough for Consultant Fees, Purchase and Installation of Icing Equipment at the Homer Multi Use Ice Facility, Approving a Contract by and between the Kenai Peninsula Borough and the City of Homer and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue Account 151-726 KPB Contract dollars $397,640.00. Expenditure Account 151-726 Homer Multi Use Ice Facility Icing Equipment $397,640.00. (First Reading March 29, 2005, Public Hearing and Second Reading April 11, 2005).

There was no Public testimony.

NOVAK/YOURKOWSKI - MOVED FOR THE ADOPTION OF ORDINANCE 05-16 BY READING OF TITLE.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Ordinance 05-18, Of the City Council of Homer, Alaska Appropriating $59,000.00 from Port/Harbor Reserves to Complete the Spit Restroom Project and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue Account 415-380 Port/Harbor Reserves $59,000.00.Expenditure Account 415-380 Spit Restrooms $59,000.00. (First Reading March 29, 2005, Public Hearing and Second Reading April 11, 2005).

There was no Public testimony.

YOURKOWSKI/NOVAK - MOVED FOR THE ADOPTION OF ORDINANCE 05-18 BY READING OF TITLE.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

C. Ordinance 05-21, Of the City Council of Homer, Alaska Appropriating $9,087.00 for the Homer Animal Shelter Art Project and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue Account 151-728 Animal Friends Donation $9,087.00. Expenditure Account 151-728 Animal Shelter Art $9,087.00. (First Reading March 29, 2005, Public Hearing and Second Reading April 11, 2005).

There was no Public testimony.

McLAY/WYTHE - MOVED FOR THE ADOPTION OF ORDINANCE 05-21 BY READING OF TITLE.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

D. Ordinance 05-22, Of the City Council of Homer, Alaska Amending Homer City Code Section 21.42.010, Concerning Zoning Permit Requirements. City Manager. Planning Commission. (First Reading March 29, 2005, Public Hearing April 11, 2005 and Second Reading April 25, 2005).

Frank Griswold testified that Ordinance 05-22 is ambiguous as to whether a zoning permit is required for alterations to a building, that under an existing code, may be considered maintenance. For instance, if one were to replace the siding, windows, doors, roof and sheet rock of an old building, would a zoning permit be required under the proposed Ordinance? Currently maintenance over $5,000.00 requires a permit, whereas, under $5,000.00 a permit is not required. What is the rule now? What if someone were to replace just the windows, or just the doors? The new language uses the word change and, he said he thinks, is undefined and is hard to define. He suggested that the word alternation might be a better choice. He noted on page 275 of the packet that there is a list three situations wherein one needs a zoning permit, stated that there is very little difference between 1. and 3 and suggested that these be combined. He commented on inconsistencies with reference to the zoning code on pages 275 and 276 and next page. He pointed out on line 51 on 276, it says that accessory buildings used as a tool and storage shed, suggesting a tool or a storage shed. He further pointed out and suggested that the esses are left off of sheds, play houses and should also be left off of accessory uses. He told the Council that they are giving a 200 square foot, foot print and if this were a three story structure this would be a 600 foot structure, suggesting changing foot print to floor area. He pointed out that in front of principle building it says, "provided there is already a principle building on that same lot", suggesting that Council might want to be clear and say,"provided there is already a legally permitted principle building". He further pointed out that under fences and walls it says, "fences or walls used as fences", but is ambiguous as to what/how the rules apply to walls that are not used as fences. He stated that finally, " removal of any building structure or type of use", inquired - what about the demolition?, noting that it excludes those, but does not say anything about the demolition of a large structure. He suggested that if someone were to be tearing down a 66,000 square foot structure that the Council would want to have some provision for a permit for that and stated, "That's it."

ORDINANCE(S)

A. Consent Agenda Item D. Ordinance 05-24, Of the Homer City Council Accepting and Appropriating a Federal Appropriation for Arctic Winter Games Related Transportation at the Homer ice Rink/Multi Purpose Facility and Providing for a Local Match and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Not: Revenue Account 151-726 Federal Appropriation - DOT $400,000.00 and City Match $36,120.00 (unbudgeted - combination of cash, in-kind contributions and private donations). Expenditure Account 151-726 Homer Ice Rink/Multipurpose Facility $436,120.00 for Transportation Improvements Recommend introduction and conduct public hearing and second reading on April 25, 2005.

WYTHE/NOVAK - MOVED FOR THE APPROVAL OF ORDINANCE 05-24 BY READING OF TITLE.

Concern was expressed regarding the funding of the City's Match, $36,120.00 and reservations about the City putting up matching funds for the benefit of a private holding. It was noted that although it is a private building it is for a public purpose.

City Manager Wrede advised the Council that he received an MOU from DOT on Friday that pretty much rules out the possibility of counting money already spent prior to grant agreement approval. He further advised the Council that he is hopeful that in kind services will be counted and that there will be contributions from private entities, adding that he is working on that right now. He stated that the reason he has brought this to the Council now, without the funding for the match being worked out, is that this needs to be in the pipeline if there is any chance at all of building this before the snow flies again. He assured the Council that he would be able to answer the question of where the funds are coming from by second reading or that they could put off second reading until the next meeting. He responded to Council inquiry that the CEO of English Bay Native Corporation has been very ill, however, that he and the CEO will be discussing reimbursing the match to the City.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Consent Agenda Item F. Ordinance 05-26, Of the City Council of Homer of Homer, Alaska Amending the 2005 Budget to Implement Ordinance 05-03(A), Proposition of March 22, 2005 Election, Resolution 05-36, and Increasing the Election Budget. City Manager. Fiscal Note: 1. Reduce Property Tax 100-005-4101 by $363,842, Increase Sales Tax 100-010-4201 by $363,842 , 2. Add back Temp Parks Maintenance position 100-175-5103 $9,335 and Fringe Benefits PT 100-175-5104 $1,783. 3. Increase Elections budget for cost of special election $4,440. Recommend introduction, conduct Public Hearing and Second Reading April 25, 2005.

WYTHE/NOVAK - MOVED FOR THE ACCEPTANCE OF ORDINANCE 05-26 BY READING OF TITLE.

Discussion was the need to correct the fourth whereas clause: WHEREAS, The Sales tax increase was effective April 2, 2005; and This is a clerical error and needs to be changed to April 1st to accurately reflect the effective date of the sales tax increase.

WYTHE/NOVAK - MOVED TO AMEND TO CHANGE THE EFFECTIVE DATE TO APRIL 1, 2005 (In the Fourth Whereas Clause, Clerical Error.)

There was no discussion.

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

Motion carried.

There was no discussion.

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

Motion carried.

CITY MANAGER'S REPORT

A. City Manager's Report (Updates and Follow up - Spit leases, Ice Rink DOT appropriation, Hospital Lease, HUD Grant Ice Rink, Animal Shelter Art, Library Project Ground Breaking Ceremony May 16, Borough Budget Issues, 911 Emergency call system, USCG Auxiliary Vessel 275594 Dedication April 16th, Russian Sailing Vessel SS Nadezhda visiting Homer this Summer; Employee Anniversaries - Greg McCullough PHD 29 years, Jerry Lawver PWD 14 years, Steve Martin PWD 14 years, Chris Dabney P/H 6 years, Steve Boyle HVFD 5 years and Helen Hill Library 4 years; Homer Foundation Grant Awards - Bunnell Street Gallery $3,663.00, Center for Alaskan Coastal Studies $3,900.00, Cook Inlet Keeper $2,00,00, Homer Community Food Pantry $3,000.00, Homer Council on the Arts $3,400.00, Farmer's Market not a qualifying 501(c)(3), Homer Senior Citizens $2,300.00, Hospice of Homer $2,100.00 and Kachemak Heritage Land Trust $2,000.00.)

B. Bid Report.(ITB: Invitation to Bid, Homer Public Library Sealed Bids for construction of a new Homer Public Library will be received by the Office of the City Clerk, 491 E. Pioneer Avenue, Homer, Alaska 99603 until 2:00 p.m., April 21, 2005 at which time they will be publicly opened. Bids received after the time fixed for receipt of the Bid shall not be considered. Bid documents will be available starting March 21, 2005. $125 if picked up at Clerk's office; $155 for overnight delivery. All fees are non-refundable.

There were no comments.

COMMITTEE REPORT

A. Town Center Development Committee. Meeting notes from January 27, February 8 (no notes provided) and 24, March 17 and 24 (no notes provided), and April 4 (no notes provided) 2005. Next meeting is scheduled for Thursday April 28, 2005 at 5:30 p.m. Chamber of Commerce.

Councilmember and Committee member Novak gave an update. The report will be provided in May. There will be a public comment period on a draft and the final document will be after public input.

B. Road Standards Committee. (No meeting scheduled.)

C. Beach Policy Committee. Meeting scheduled for Tuesday, April 12, 2005 at 7 p.m. City Hall Cowles Council Chambers.

D. Public Arts Committee. (No meeting scheduled.)

E. Conference Center Feasibility Study Steering Committee.(No meeting scheduled.)

PENDING BUSINESS was placed after New Business.

A. Council Selection to Fill the Beck Vacancy. (Mike Heimbuch, Barbara Howard, Thomas Schroeder and Kammi Matson.)

The Mayor noted that the Council agreed at the last meeting to accept three votes as a majority.

NOVAK/McLAY - MADE A MOTION THAT WE BY CONSENT AGREE TO HAVE ALL THE CANDIDATES HAVE AN OPPORTUNITY TO COME UP AND SPEAK TO US ABOUT THEIR THOUGHTS ON THE POSITION AND WITHOUT A TIME LIMIT AND FOLLOW THAT BY A BALLOT VOTE PROCESS.

There was brief comment.

WYTHE/McLAY - MOVED TO HOLD TO A THREE MINUTE TIME LIMIT

VOTE:(primary amendment) YES: WYTHE, STARK, McLAY.

NO: YOURKOWSKI, NOVAK.

Motion failed.

VOTE: (main motion unamended) YES: YOURKOWSKI, STARK, NOVAK, WYTHE.

NO: McLAY.

Motion carried.

Council agreed to allow each candidate to address them with no time limit. Mike Heimbuch deferred to the others, Thomas Schroeder, Barbara Howard, and Kammi Matson, in that order, briefly told the Council why they want to be considered for the position.

There were two sets of secret ballots cast..

Set one: results were One vote for Barbara Howard, Two votes for Kammi Matson and Two votes for Mike Heimbuch.

Set two: results were Two votes for Barbara Howard and Three votes for Mike Heimbuch.

STARK - MOVED THAT WE MAKE IT UNANIMOUS FOR MIKE HEIMBUCH.

Mayor Hornaday did not accept this motion since 4 votes would be required for that and that the City Attorney had stated that only three were required, therefore, Mike Heimbuch was appointed to serve as Councilmember until the October 2005 Election. The Mayor thanked all of those who had put their name in for consideration.

B. If selection made, administer the Oath of Office and Seat the New Councilmember.

The City Clerk administered the Oath of Office to Mike Heimbuch.

NEW BUSINESS was conducted prior to Pending Business.

Recess the Regular Meeting note time is 7:51 p.m.

Call the Board of Adjustment Session to Order at note time 7:51 p.m.

A. Board of Adjustment - Vann Appeal Decisional Document. Attorney Cutler participating telephonically at this time.

Note those present for the record: Board members - Councilmembers, Board's Attorney Louann Cutler via telephone and the City Manager.

A. DECISION, OFFICIAL STATEMENT OF FINDINGS AND REASONS FOR SUPPORTING DECISION. HCC 21.68.060 (e)

Decision Re: Vann Appeal of Zoning Permit 0604-036, for a 28' X 32' single story cabin with 28' X 8' attached porch/deck, along with rip-rap and fill according to site plan. Location of Zoning Permit - 149 Charles Way, Kenai Peninsula Parcel Tax ID Number - 177-140-0800, HM T6S, R13W, Section 20, portion of Government Lot 2. Property Owners of record are Rick and Connie Vann.

Deliberations were done in Executive Session on February 14 and March 29, 2005 and were publicly noticed.

STARK/McLAY - MOVED TO ADOPT THE WRITTEN DECISION REQUIRED UNDER HCC 21.68.060(E).

There was no discussion.

VOTE: YES: STARK, NOVAK, McLAY, WYTHE, YOURKOWSKI.

Motion carried.

II. ADJOURNMENT BACK TO REGULAR MEETING.

Adjourn the Board of Adjustment Session and call the Regular Meeting back to order at 7:54 p.m.

The regular meeting was called to order at 7:55 p.m.

RESOLUTIONS

A Resolution 04-102, Of the City Council Amending the Homer Advisory Planning Commission Procedures Manual and Bylaws. City Manager. Planning. Postponed/Tabled on December 13, 2004.

Memorandum 05-70 from City Planner, with recommended amendment.

Recommendation of Memorandum 05 - 70: To amend (packet pages 337 and ) The Bylaws Section H. Quorum; Voting: to insert after roll call vote, "or by consensus". and to amend the Procedures Manual, Review Standards, appeal request, to amend item 3. to change the first word "controlled" to "controlling".

Since the quarterly time interval has elapsed RRONR Page 92 Lines 14 - 20 and 291 Lines 1-7, a new motion is required for adoption of Resolution 04-102 by reading of title only.

WYTHE/NOVAK - MOVED FOR THE APPROVAL OF RESOLUTION 04-102 BY READING OF TITLE.

Councilmember Wythe reported attending a Planning Commission meeting several months ago and commented on the duration of the meetings and tolerance of those attending. She noted that these Commission meetings often go on well into the evening. She advised the Council that she and Lane Chesley, Chair of the Commission, spoke about the order of their meetings and that he had asked her to make some recommendations on adjusting the order of their meeting. She stated that, when reading their agenda, she noted some things that could be changed in the text to address his concerns and potentially help the Commission to keep their meetings in a length of time that people could actually come and participate fully in those meetings. Therefore, she stated, that she would like to make a series of amendments to the Planning Commission agenda on page 335 and to return this to the Planning Commission for their review for the recommendation if approved.

City Manager Wrede cautioned the Council about making amendments in that the Planning Commission plans to undertake a major rewrite of their Bylaws and Procedures. He recommended sending a message to the Planning Commission that the Council would welcome some work in the area that Councilmember Wythe has mentioned.

Councilmember Stark voiced concern about serial amendments, commented about serial amendments made last meeting that were very difficult to follow and that he agrees with the City Manager.

STARK/NOVAK - MOVED TO TABLE THIS RESOLUTION.

There is no discussion on a Motion to Lay on the Table.

VOTE: (table) YES: STARK, NOVAK, MCLAY, HEIMBUCH.

NO: WYTHE, YOURKOWSKI.

Motion carried.

COMMENTS OF THE AUDIENCE

Audience comments upon any matter.

Frank Griswold briefly commented that he has not personally noticed that the public participation has increased in any way as a result of the more restrictive time limits on testimony, adding that all too often he has heard that the Council is tired out after attending three or four meetings prior to the Council meeting. He stated that this is not the public's fault and that if this is a problem perhaps Monday nights should be reserved for Council to be refreshed and be able to listen and then schedule the other meetings on another night.

Leonard Wells seconded Mr. Griswold's last comments.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans was not present.

COMMENTS OF THE CITY CLERK

City Clerk Calhoun had no comment.

COMMENTS OF THE CITY MANAGER

City Manager Wrede had no comment.

COMMENTS OF THE MAYOR

Mayor Hornaday stated that the Ice Rink was marvelously dedicated thanks to the Council for all its wonderful work, adding that this was a great celebration. He inquired about how many of the Council were going to Juneau. He announced that three of the Council are going to Juneau plus himself.

COMMENTS OF THE CITY COUNCIL

Councilmember Yourkowski thanked the three other people who put their name in for Council, noted that they went through a more grueling process then during the election. He congratulated Mike Heimbuch. He also thanked the people who put their names in for the Port and Harbor Commission such as Pete Walden, Patti Boily, adding that he cannot remember all who put their names in. He thanked all for their participation.

Councilmember Stark also thanked the candidates and that he thinks that any one of the four or eight would have been almost as good as Mr. Heimbuch, who he congratulated and who he looks forward to working with. He noted that the Mayor, he and a number of citizens attended a meeting on Friday with Robert Bluestone, here from Sante Fe, New Mexico, with his lovely bride Rebecca who is a renown artist in her own right with tapestries. Mr. Bluestone is an expert on the classical guitar. Mr. Stark reported that he had an opportunity to hear Mr. Bluestone in concert and that he chatted with him at a reception and that his ideas on economic development utilizing the arts in a community like Homer or like Sante Fe, New Mexico, which has a lot of similarities to Homer, were really interesting. He noted that Mr. Bluestone is an extremely intelligent person and is oriented as a businessman. The upshot of the luncheon meeting is that there will be some activity in the community to implement some of the ideas that were discussed around the table to further the arts and to further the economy of Homer. He voiced appreciation of the Mayor's attendance.

Councilmember Novak congratulated Mike Heimbuch on his new position on the Council and also thanked Barbara Howard, Thomas Schroeder and Kami Matson for applying for this position. He encouraged them to consider applying in August for when the campaign opens again for two seats.

Councilmember Wythe welcomed Mike Heimbuch. She reported that she went, last week, to the "Putting Alaska Resources To Work Conference" on Tuesday and then on Thursday went to the job fair, adding that she will do a report for the next Council meeting. She advised that she did have an opportunity to meet the operations manager and Bill Popp, the Kenai Peninsula Economic Development Director. She asked them if it is too forward or too early for the Council to potentially have an opportunity to meet them and kind of hear their game plan, both responding in the negative, however, if they are not invited they would not come to the Council and ask to meet with them. She reported that they will be meeting with the Chamber of Commerce on May 10th and encouraged people to go to that and hear the presentation. She reported that it was very interesting and that the trainer spoke directly to mining and petroleum type industry, adding that Bill Popp did a really nice presentation, which she believes would be very nice for the Council to see - "The Perfect Storm". During this presentation the trainer visited all the proposed developments that are currently in play on the peninsula and through out the state that will have an economic impact on the state in the coming ten to fifteen years. She stated that she is looking forward to going down to Juneau.

Val McLay reiterated something that Councilmember Yourkowski said, thanking those who put their names in for the Port and Harbor Commission. He stated that it is refreshing to see more people want to get involved with the operation of what is going on in Homer, a real good thing. He recalled when it was real hard to find one person to fill a seat. He noted the eight people who put their name in to fill the empty seat at the Council table for seven months, which speaks well of the community wanting to get involved with the operation of the community and the City of Homer. He thanked everyone, solicited their involvement, adding that the Council needs their help to make this work together.

Mike Heimbuch stated that this may be the first and last time that he has nothing to say.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 8:25 p.m.

The next regular meeting is scheduled for Monday, April 25, 2005 at 7 p.m. The next Committee of the Whole is scheduled for Monday, April 25, 2005 at 4 p.m. All meeting are scheduled to be held in the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

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MARY L. CALHOUN, CMC, CITY CLERK

APPROVED: _______________________