Session 06-11 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

PUBLIC WORKS DIRECTOR MEYER(partial att)

Department Heads may be called upon from time to time to participate telephonically.

Committee of the Whole met from 4:00to 5:30 p.m. Agenda items: HARP Funded Projects, Fiscal Issues and the Budget, Whether or not we should have Regularly Scheduled Meetings in the Summer, and the Regular Agenda Items. Homer City Hall Cowles Council Chambers.

Special Meeting conducted from 5:30 p.m. to 6:16 p.m. Executive Session regarding Water Supply.



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: Addition of Memorandum 06-67 to the Consent Agenda, Regarding Public Hearing on May 8, 2006 for Ordinance 06-12(S) and Mayor's Juneau Lobbying Trip Report under Announcements... and City Manager Wrede requested that Ordinance 06-27 be pulled off of the Consent Agenda, to be submitted at a future Council meeting.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public may comment upon any matter on the agenda at this time.

There were no public comments.

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.)

A. Homer City Council unapproved meeting minutes of April 10, 2006 Regular Meeting. City Clerk. Recommend approval.

B. Ordinance 06-24, Of the City Council Amending Homer City Code Chapter 1.72 Title to Read Port and Harbor Advisory Commission. City Clerk. Housekeeping type Ordinance. Recommend introduction and conduct Public Hearing and Second Reading on May 8, 2006.

C. Ordinance 06-25, Of the City Council Amending Homer City Code Chapter 1.78 to delete all references to the Overall Economic Development Plan (OEDP) and insert the Comprehensive Economic Development Strategy (CEDS). City Clerk. Housekeeping type Ordinance. Recommend introduction and conduct Public Hearing and Second Reading on May 8, 2006.

D. Ordinance 06-26, Of the Homer City Council Amending the FY 06 Operating Budget by Accepting Settlement Funds in the Amount of $800,000.00 Related to its Claims in the Hurlen Case and Transferring those funds to the Port and Harbor Reserves. City Manger. Fiscal Note: Transfer from (Revenue) Account 400.600.4906 Port and Harbor/Port and Harbor Administration Proceeds - Law Suits to (Expenditure) Account 415.380.4906 Port and Harbor Reserves $800,000.00. Recommend introduction and conduct Public Hearing and Second Reading on May 8, 2006.

Placed under Ordinances as Item C.

E. Ordinance 06-27, Of the Homer City Council Amending the FY 2005 General Fund Operating Budget by Transferring $81,482.69 in Appropriated but Unexpended Funds to the Pole Barn Construction Account and Amending the Pole Barn Construction Budget Accordingly. City Manger. Fiscal Note: Transfer from Accounts: 100.110.5990 City Manager $ 5,000.00, 100.111.5990 Personnel $ 5,000.00, 100.120.5990 Finance $12,000.00, 100.130.5990 Planning $14,482.69, 100.145.5990 Library $15,000.00, 100.170.5990 Public Works Administration $ 5,000.00, 100.174.5990 Public Works Winter Roads $10,000.00, 100.175.5990 Public Works Parks $15,000.00, to Expense Acct. 156.395 Public Works Department Reserves Pole Barn Construction $81,482.69. Recommend introduction and conduct Public Hearing and Second Reading on May 8, 2006.

Pulled at the request of the City Manager.

F. Resolution 06-45, Of the City Council Amending the City Fee Schedule Under Public Safety, the Cost of the Chauffeurs License if $75.00 plus other Fees in the Amount of $35.00 (for Fingerprinting to the State of Alaska) not $59.00 as is Currently Listed. City Clerk. Requested by HPD. Recommend adoption.









G. Resolution 06-46, Of the City Council Finding the Need to Create the Bayview Gardens Sewer Improvement District/Assessment District and Setting a Public Hearing Date for Monday, June 12, 2006. Shadle. Fiscal Note: Cost of Public Hearing and Notices to the Property owners to come from the HAWSP. To be funded 25% from the Homer Accelerated Water and Sewer Program and 75% from Property Owner Assessments: Total estimated project cost as of April 2005 is $1,246,551.00. 65 parcels at the equal share per parcel methodology and 75% of the project is estimated at 934,913.25 or $14,383.28 per parcel. Program share is $311,637.75. Objections must be less than 50% for the district to proceed. 50% equals $623,275.50. Recommend adoption.

Placed under Resolutions as Item C.

H. Resolution 06-47, Of the City Council Establishing a Nine Month Task Force to Address Overslope Development. Shadle. Fiscal Note: Recording and Advertising costs from Clerk's Budget. Recommend adoption.

Placed under Resolutions as Item F

I. Resolution 06-48, Of the City Council Providing Direction to the Economic Development Advisory Commission. Shadle. Recommend adoption.

Placed under Resolutions as Item D.

J. Resolution 06-49, Of the City Council of Homer, Alaska Urging the State Legislature to Delete Daylight Savings Time in Alaska. Heimbuch. Recommend adoption.

Placed under Resolutions as Item E.

K. Memorandum 06-66, from Mayor, Re: Appointment of Barbara Howard to the Parks and Recreation Commission and Appointment of Mary Calhoun to the Transportation Advisory Committee. Recommend confirmation.

L. Memorandum 06-67, from City Clerk, Re: Requesting a Public Hearing on May 8, 2006 for Ordinance 06-12(S). Recommend approval.

Placed under New Business as Item A.

Councilmember Novak requested that Items G., I., J. be placed under Resolutions as Items C., D., and E. and that Item L. be placed under New Business as Item A.

Councilmember Wythe requested that Item C. be placed under Ordinances as Item C. and that Item H. be placed under Resolutions as Item F.

WYTHE/SHADLE - SO MOVED FOR THE APPROVAL AND/OR ADOPTION OF THE RECOMMENDATIONS OF THE CONSENT AGENDA, AS READ AND AMENDED.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

None scheduled.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. Mayoral Recognitions.

1. Simeon Daigle

Mayor presented Simeon Daigle a plaque that read: WHEREAS, Homer's own Simeon Daigle captured the 2006 Large School 4A Divisional Wrestling State Title 125 pounds; and WHEREAS, Simeon is a Co-Captain for the Homer High School Mariner's Wrestling Team; and WHEREAS, Simeon's success on and off the wrestling mat is prevalent with his ability to maintain a grade point average of 4.021; and WHEREAS, Simeon is recognized for the following: 2006 State Champion 125 pounds 35-2 record as a Junior, 2005 State Placer 4th 112 pounds 47-8 record, Set the Technical Fall State Record 16 as a Sophomore, 2004 State Placer 3rd 103 pounds 43-7 record as a Freshman, 125 Career Victories, 4 Homer High School Team Records. NOW, THEREFORE, I, James C. Hornaday, Mayor of the City of Homer, do hereby recognize Simeon Daigle as an outstanding achieving citizen of Homer and for his contributions to the achievement status and the history of Homer High School

2 . South Peninsula Hospital 50th Anniversary

Plaque reads: WHEREAS, Homer Hospital & Health Center opened its doors in 1956 providing medical services to the community; and WHEREAS, After the incorporation of the City of Homer, the hospital received financial support from the city until 1970; and WHEREAS, The Kenai Peninsula Borough established the South Peninsula Hospital Service Area in 1969 and negotiated the formation of the Homer Hospitals, Inc.; and WHEREAS, In 1977 Homer Hospitals Inc. changed its name to South Peninsula Hospital, Inc. in order to reflect the broader geographical area it serves; and WHEREAS, In 1982 and 2003 the voters of the South Peninsula Hospital Service Area approved bonds to expand the hospital in order to meet the community's medical needs and; WHEREAS, The hospital boards, employees, physicians and allied professionals have worked diligently since 1956 to meet the healthcare needs of our community. NOW, THEREFORE: I, James C. Hornaday, Mayor of the City of Homer, do hereby commend South Peninsula Hospital for fifty years of outstanding medical and health services to the citizens of the service area and urge the citizens of the City of Homer to express their appreciation for the people, facilities and technologies; and partnerships with the Kenai Peninsula Borough and the Hospital Service Area, the Hospital Operating and Service Area Boards for their contributions and commitment to the South Peninsula Hospital and its mission.

B. Mayoral Proclamations.

1. Hospital Week May 7 - 13, 2006.

Plaque reads: "Where Miracles Happen Everyday" WHEREAS, Individuals all across the country will be celebrating this time-honored event, especially in the City of Homer honoring South Peninsula Hospital; and WHEREAS, South Peninsula Hospital has provided quality medical and health related services to the citizens of the City of Homer for fifty years; and NOW, THEREFORE: I, James C. Hornaday, Mayor of the City of Homer, do hereby proclaim the week of May 7 -13, 2006 asHOSPITAL WEEK in the City of Homer, Alaska and urge the citizens of the City of Homer to express their appreciation for the people, facilities and technologies that make the miracle of health care possible in our community.

Mayor Presented the David Green, SPH Service Area Board, and Charlie Franz, Hospital Administrator, plaques for the 50th Anniversary and Hospital Week.

C. Mayor's Travel Report, Juneau Lobbying Trip.

Mayor Pro Tempore McLay noted that this is the 50th Anniversary Celebration for the State Constitution, Homer Winter Carnival and the South Peninsula Hospital.

Mayor Hornaday announced that there will be three Japanese Defense Ships off Homer shores shortly and that all are encouraged to not panic, that this is a regular process. He noted that Homer Clean Up Day is this Saturday, the 29th and that garbage bags may be picked up at the Chamber of Commerce. He advised that Homer is hosting the Mayor's Conference this Friday, the 28th, in the Cowles Council Chambers starting at 11 a.m.

PUBLIC HEARING(S)

None scheduled.

ORDINANCE(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.)

HEIMBUCH/McLAY - SO MOVED FOR THE ADOPTION OF ORDINANCE 06-21 FOR SECOND AND FINAL READING BY READING OF TITLE ONLY.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

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.)

HEIMBUCH/SHADLE - SO MOVED FOR THE ADOPTION OF ORDINANCE 06-22 FOR SECOND AND FINAL READING BY READING OF TITLE ONLY.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

C. Consent Agenda Item D. Ordinance 06-26, Of the Homer City Council Amending the FY 06 Operating Budget by Accepting Settlement Funds in the Amount of $800,000.00 Related to its Claims in the Hurlen Case and Transferring those funds to the Port and Harbor Reserves. City Manger. Fiscal Note: Transfer from (Revenue) Account 400.600.4906 Port and Harbor/Port and Harbor Administration Proceeds - Law Suits to (Expenditure) Account 415.380.4906 Port and Harbor Reserves $800,000.00. Recommend introduction and conduct Public Hearing and Second Reading on May 8, 2006.

WYTHE/NOVAK - I WOULD MOVE FOR THE ACCEPTANCE OF ORDINANCE 06-26 BY READING OF TITLE.

There was brief comment regarding the General Fund paying all of the legal expense related to this issue and that at least 50% of the legal fee costs should be allocated to the General Fund which would leave $600,000.00 for the Port and Harbor Reserve for work on the dock. The legal fees were over $400,000.00, per City Manager Wrede.

WYTHE/HEIMBUCH - MOVED TO AMEND THE NOW THEREFORE BE IT RESOLVED THAT IT WOULD BE THE AMOUNT OF $600,00.00 TO BE PLACE IN THE PORT AND HARBOR FUND AND$200,000.00, THE BALANCE, TO BE PLACED IN THE GENERAL FUND.

There was no discussion.

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

Motion carried.

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

Motion carried.

CITY MANAGER'S REPORT

A. City Manager's Report (Updates/Follow Up: 1. Port of Refuge Public Forum held April 10, 2006 - what is next; 2. Hurlen Settlement See Ordinance 06-26 on the Consent Agenda; 3. Tracked Excavator and 2 Front End Loaders - out to bid; 4. Community Schools Program - being implemented pursuit to Council's action on April 10, 2006. Advertising for Community Schools Coordinator position; 5. BLM Meeting regarding 40 Acres. Application process, Environmental Assessment, Recreation and Conservation, Fire Station Issues; 6. CIRI Meeting regarding Town Center Development. Fred Meyer Subdivision plat; 7. Deep Water Dock Update - Denali Commission grant applied for and would cover the $400,000.00 City Match for the $2 million received from US Congress; 8. East Harbor Expansion - Corps of Engineers - feasibility study; 9. Canine Program and drug issue in Homer - dogs would trained and used for drug detection and search and rescue. Educational value in programs such as DARE; 10. Land Sales - appraisals have been ordered for two parcels authorized for sale. Parcel adjacent to Karen Hornaday Hillside City Park and parcel on the corner of Mattox and East End Road; 11. Mayor's Conference - Kenai Peninsula Borough Mayors in Homer Friday, April 28th from 11 a.m. to 1 p.m. in the City Hall Cowles Council Chambers. Meeting hosted by Mayor Hornaday. Attachments: Homer Soil and Water Conservation District and Hospice of Homer Newsletters; South Peninsula Hospital and Hospice of Homer - Letters of thanks for grant funds from the City; Coalition of Homer Open Space and Trails letter (CoHost); and Lake Clark National Park Superintendent Re: Homer Conference and Invitation to Mayor.)

City Manager Wrede reported on negotiations by and between the Borough Mayor and Mayor Hornaday, regarding South Peninsula Hospital issues, that they have reached a, sort of, tentative agreement on a new deal. This will be to the Council at some time in the future. The new proposal/agreement provides for transfer of title of two borough parcels to the City to facilitate replatting into one big lot. In exchange for that, the City would allow the Borough to lease just a little bit more land on the west side to take care of an encroachment issue and the City would increase the lease from 55 years to 99 years. An amendment to the lease will be required and plat approval will be required.

The Manager advised that he has received a petition signed by 26 business and property owners in Old Town requesting the City to do something about speeds in that neighborhood. There are a number of traffic calming alternatives, such as removable speed bumps. He noted that the petitioners have offered to purchase the speed bumps. The City Manager advised that there are other areas in town wherein people would like to see traffic calming.

Councilmember Stark inquired if it is legal to place speed bumps on a public road.

City Manager Wrede responded that he believes that it is legal and that this is a good question. He advised that the electronic speed monitoring system does not work in that area since there is not enough distance. He suggested that more stop signs could be placed. He informed the Council that patrols have increased, having some effect.

There were a few comments on speed bumps.

City Manager Wrede commented that CIRI has submitted a plat, that goes to the Planning Commission at one of their upcoming meetings, and the plat shows a proposed road alignment for the lower part of the Town Center that basically follows the Town Center Plan that Fred Meyer presented to the public. The right-of-ways are 80 feet wide, more than required, and provides for boulevards or on street parking, very valuable and quite a consideration. Part of the road alignment takes some City property and therefore, the Council will have to decide about dedicating this as part of the road either through a deed or a replatting action. He responded to Council inquiry about the alignment of the easterly portion of that road and the traffic impact, adding that both CIRI and the City are talking to the Lindseys to see if there is a way to get that done. He noted that the traffic impact analysis made no assumptions other than the exits from the Town Center. He advised of Corp of Engineer concerns regarding some wetland issues in the Town Center area and suggested that the costs could be split between the City and CIRI for a wetlands delineation of the entire Town Center, thus providing for a better idea of where the roads can be built. He pointed out that the roads may have to be slightly shifted from the Town Center Development Plan. He informed the Council that the immediate concern is that in order for Fred Meyer to move forward the roads have to be done. There is a real benefit to the City to construct the road, which provides access to the City property.

The plat process was discussed with the possibility of the City and CIRI both being signers on the plat.

The canine program was briefly discussed. The Manager told the Council that once the program is defined; with associated costs, pros and cons, and staffing requirements; he will bring that back to the Council for authorization. He emphasized that this canine program is not for control it is strictly for search and rescue and for sniffing out drugs.

Mayor Hornaday suggested that Councilmembers talk to Dr. Keffer, who has experience with this program, and that the canine program might be better served by the AS Troopers.

City Manager Wrede, upon comment by Councilmember Stark, inquired if it is the will of the Council that he contact DNR regarding Item 5. There was no concurrence of the Council.

He responded to Councilmember Shadle that CIRI suggested some names for the roads and that the rumor that the names are - Town Center Drive and Community Avenue - are probably correct.

He responded to Councilmember Heimbuch regarding the sales figures for specific months that they are going to ask the Borough if this is possible for them to do since they are the ones who will have to try to tease out that information. He advised that some people pay monthly and some pay quarterly, making it more difficult to get the information.

B. Report on Public Input, weekly question "What would you like Homer's Gateway area, City limits/Baycrest to Bidarka Inn, to look like?"

COMMITTEE REPORT

A. Public Arts Committee (April 13th meeting was canceled, next meeting scheduled for May 11, 2006 from 1 to 3 p.m. City Hall Cowles Council Chambers.)

B. Transportation Advisory Committee (Synopsis of April 11, 2006 meeting. Next Meeting is scheduled for May 16, 2006 at 5:30 p.m. City Hall Cowles Council Chambers.

C. Comprehensive Plan Committee Meeting (Meeting scheduled for April 25, 2006 at 6:30 p.m. City Hall Cowles Council Chambers.

PENDING BUSINESS

None scheduled.

NEW BUSINESS

A. Consent Agenda Item L. Memorandum 06-67, from City Clerk, Re: Requesting a Public Hearing on May 8, 2006 for Ordinance 06-12(S). Recommend approval.

NOVAK/STARK - LIKE TO MAKE A MOTION TO INTRODUCE MEMORANDUM 06-67 FOR DISCUSSION.

Mayor Hornaday reiterated his previously stated Conflict of Interest with regard to any matter having to do with the Gateway Area and left the table after handing the gavel to Mayor Pro Tempore McLay.

There was no discussion on the motion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Council discussed the Ordinance more than the Memorandum and discussed the pros and cons of this Ordinance with significant changes.

STARK/SHADLE - MOVED FOR THE APPROVAL OF MEMORANDUM 06-67 BY READING OF TITLE.

Discussions ensued along the same lines as the earlier discussion.

VOTE: YES: SHADLE, STARK, HEIMBUCH.

NO: WYTHE, NOVAK, McLAY.

Motion failed.

Mayor Pro Tempore McLay called for a recess at 7:56 p.m. Mayor Hornaday reconvened the meeting at 8:03 p.m.

RESOLUTIONS

A. Resolution 06-50, 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.

McLAY/WYTHE - SO MOVED FOR THE ADOPTION OF RESOLUTION 06-50 BY READING OF TITLE ONLY.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Resolution 06-51, Of the City Council Revising their Operating Manual to Add Section 9. Entitled Code of Ethics. Wythe.

WYTHE/HEIMBUCH - SO MOVED FOR THE ADOPTION OF RESOLUTION 06-51 BY READING OF TITLE ONLY.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

C. Consent Agenda Item G. Resolution 06-46, Of the City Council Finding the Need to Create the Bayview Gardens Sewer Improvement District/Assessment District and Setting a Public Hearing Date for Monday, June 12, 2006. Shadle. Fiscal Note: Cost of Public Hearing and Notices to the Property owners to come from the HAWSP. To be funded 25% from the Homer Accelerated Water and Sewer Program and 75% from Property Owner Assessments: Total estimated project cost as of April 2005 is $1,246,551.00. 65 parcels at the equal share per parcel methodology and 75% of the project is estimated at 934,913.25 or $14,383.28 per parcel. Program share is $311,637.75. Objections must be less than 50% for the district to proceed. 50% equals $623,275.50. Recommend adoption.

NOVAK/SHADLE - MOVED TO ADOPT RESOLUTION 06-46.

Discussion included the fact, as noted in the Resolution, that there has not been a majority of the property owners in favor of this district. Concerns regarding health, safety and welfare were mentioned along with the note that this area is on a steep slope.

Councilmember Shadle emphasized, for the listening public, very concisely the recent history of the water and sewer improvement districts, how the assessments methodology has evolved and with the City program (Homer Accelerated Water and Sewer Program - HAWSP) currently paying 25% of the total project costs at 2.5% interest. He encouraged folks to sign on for a water/sewer improvement district before the costs to the property owners increase even more. He noted that prior to 2001 the program paid 75%, in 2001 the program paid 50% and then in about 2002 the program paid 25%.

Generally the Council suggested that the Bayview Gardens property owners apply for another LID, instead of the Council creating the district. The whole point of the process is that a majority of the property owners in an area agree that they want an improvement. This particular situation was seen as end running by a property owner.

Council briefly commented about the Opinion from the City Attorney, as requested by the Council.

VOTE: YES: STARK

NO: NOVAK, HEIMBUCH, McLAY, WYTHE, SHADLE.

Motion failed.

D. Consent Agenda Item I. Resolution 06-48, Of the City Council Providing Direction to the Economic Development Advisory Commission. Shadle. Recommend adoption.

NOVAK/WYTHE - MOVED TO ADOPT RESOLUTION 06-48.

There was discussion that this Resolution is not really needed at this time until after the Commission meetings.

SHADLE/HEIMBUCH - I WOULD LIKE TO POSTPONE TILL MAY 22, 2006.

There was a brief comment on the Resolution.

Mayor Pro Tempore McLay called point of order.

There was no further discussion.

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

Motion carried.

E. Consent Agenda Item J. Resolution 06-49, Of the City Council of Homer, Alaska Urging the State Legislature to Delete Daylight Savings Time in Alaska. Heimbuch. Recommend adoption.

NOVAK/WYTHE - MOVED TO ADOPT ORDINANCE 06-49.

Council discussed mostly the cons to the Resolution, such as contacting entities in other states on the East and West Coasts and that Alaska not having Daylight Savings Time when most of the other states do would add another hour of difference in time making contact even more difficult.

Councilmember Heimbuch advised that he brought this forward from a Special Interest Group.

VOTE: YES: HEIMBUCH.

NO: McLAY, WYTHE, SHADLE, STARK, NOVAK.

Motion failed.

F. Consent Agenda Item H. Resolution 06-47, Of the City Council Establishing a Nine Month Task Force to Address Overslope Development. Shadle. Fiscal Note: Recording and Advertising costs from Clerk's Budget. Recommend adoption.

WYTHE/SHADLE - I WOULD MOVE FOR THE ADOPTION OF RESOLUTION 06-47 BY READING OF TITLE.

It was noted that the Port and Harbor Commission has not weighed in on this concept.

SHADLE/STARK - I WOULD LIKE TO MOVE TO AMEND BY SAYING "CONTINGENT UPON PORT AND HARBOR APPROVAL".

Comment was that this is very important since the Commission will be the ones carrying the ball here and that they are very informed about the Overslope and have been trying real hard to get something going on the Overslope Development. Council should be supportive of the Commission.

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

Motion carried.

Brief comment as a precursor to amendment.

HEIMBUCH/NOVAK - SO I WOULD MOVE THAT WE DELETE THE NAME OF ANY PERSON AS CHAIRMAN OF THIS TASK FORCE.

There was no discussion.

VOTE: (primary amendment 2.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

City Manager Wrede commented that there is a process in place already wherein the Planning and Port and Harbor staffs are working together and that they have set out a schedule to get this done. He noted that Councilmember Shadle is correct that the Planning Department and Commission are very busy and are not going to get to this for awhile, since they are dealing with other priorities part of which the Council has given them. He advised that an Ordinance has been drafted regarding the Overlsope Development that the Port and Harbor Commission and Planning Staff think is pretty good. There is a whole set of issues engineering, appearance and planning and, sort of, land use regulations and zoning stuff. He expressed his opinion that the Task Force would speed up the process.

Discussion ensued. It was noted that the Commission has been working on this for better than ten years. There is great interest in the Overslope Development. Even if this ends up in another study that shows this can't be done then time will quit being wasted and everyone can move forward. There was lots of support expressed for Overslope Development.

WYTHE/NOVAK - I WOULD MOVE TO POSTPONE THIS RESOLUTION TO OUR NEXT MEETING PENDING SOME IDENTIFICATION OF SUPPORT FROM THE PORT AND HARBOR COMMISSION THAT WAY WE ARE NOT APPROVING IT AND THEY COME BACK AND SAY NO.

There was comment that the first amendment already included this plan to see if the concept has Commission support. Concern was expressed that the Commission would feel compelled to support the Task Force since the Council has asked them to do it; whereas, the postponement provides for more open input.

VOTE: (postponement) YES: NOVAK, WYTHE.

NO: SHADLE, STARK, HEIMBUCH, McLAY.

Motion failed.

There was no further discussion.

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

Motion carried.

COMMENTS OF THE AUDIENCE

Audience may comment upon any matter at this time.

There were no audience comments.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans was not present.

COMMENTS OF THE CITY CLERK

City Clerk Calhoun had no comments.

COMMENTS OF THE CITY MANAGER

City Manager Wrede respectfully declined.

COMMENTS OF THE MAYOR

Mayor Hornaday stated that it was a real pleasure for he and Councilmember Shadle to accompany a real T.V. star to Juneau, that every where they went Mayor Pro Tempore McLay was recognized, that all of the staffs were replaying his fantastic television appearance and that he wanted to thank Mayor Pro Tempore McLay for letting them share in his glory. He reported that the Third Graders appeared, 59 of them, here at City Hall and that he had a great time and that they all wrote him letters and that, again, they were far more impressed with Sparky (1).

COMMENTS OF THE CITY COUNCIL

Councilmembers Stark, Novak and Wythe had no comments.

Mayor Pro Tempore McLay commented that it was a good trip to Juneau and that the Mayor and Councilmember Shadle made sure that he was recognized, whether he wanted to be or not. He added, that it did not hurt that he was walking with his cane and that everyone recognized his eagle beating cane. He stated that there was a lot of fun to be had and that the Mayor and Councilmember Shadle tried to have it at his expense. He noted that he did not allow that and that he made sure that the fun went all the way around in a big circle.

Councilmember Heimbuch commented that he was also taken by the stories of the Juneau junket and that mostly how the Mayor and Councilmembers each had such different stories, being about 180 degrees from each other, about what people told them, especially, on the funding.

Councilmember Shadle emphasized that he was just so deeply honored to serve amongst two guys down in Juneau that are so famous, one for eagles and the other for being sexy.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 8:37 p.m. by Mayor James C. Hornaday.

The Next Regular Meeting is scheduled for Monday, May 8, 2006 at 7 p.m., the next Committee of the Whole is scheduled for Monday, May 8, 2006 at 4 p.m. All meetings scheduled to be held in the homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

All meetings are 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. Mayors Black Labrador Retriever.