HOMER CITY COUNCIL

Session 05-11, 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: HEIMBUCH, McLAY, NOVAK, STARK, WYTHE, YOURKOWSKI.

STAFF: CITY CLERK CALHOUN

CITY MANAGER WREDE

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

The City Council met as a Committee of the Whole at 4:00 p.m. Agenda Items included a from the Beach Policy Committee and the Regular Agenda Items.

AGENDA APPROVAL

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

STARK/WYTHE - MOVED TO APPROVE THE AGENDA.

City Clerk noted that there is a substitute for Resolution 05-54, that those items listed on the agenda that had not been included in the packet were provided in the supplemental packet and that there was a correction to Resolution 05-50's Fiscal Note.

Items in supplemental packet: Resolution 05-50 with fiscal note correction. Ordinance 05-24 - Memorandum 05-79 identifying matching funds. Resolution 05-52 and Memorandum 05-76 regarding the Draft Borough Comprehensive Plan. Substitute - Resolution 05-54(S), Of the Homer City Council Assenting to Alaska Department of Transportation and Public Facilities Installation of Traffic Signals at Intersection of Lake Street and Sterling Highway. Stark. McLay. There are three additions under Announcements. Additional backup for New Liquor License for Sockeye Thai.

MAYOR ASKED IF THERE WERE ANY OBJECTIONS TO THE AGENDA AS AMENDED.

There was no discussion.

VOTE: (Primary amendment - assumed motion) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

There was no discussion.

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

Motion carried.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public Comments upon any matter on the agenda except: Ordinance 05-09, to Prohibit Trapping within City Limits; Ordinance 05-20, USDA Community Facility Grant of $880,792.00;Ordinance 05-24, Federal Appropriation for Arctic Winter Games $400,000.00 and City Match $36,120.00; Ordinance 05-25, $6,605.00 for Commercial Vehicle Enforcement Inspections;Ordinance 05-26(A), Amending the 2005 Budget; and New Liquor License - Sockeye Thai.

Barb Seaman, Executive Director of Kachemak Heritage Land Trust, spoke in favor of Resolution 05-50 and explained why this Resolution is in front of the Council:

Lands in permanent conservation are exempt from water, sewer and road assessments on a case by case basis.

It is in specific response to the proposed water and sewer improvement district for each end of Kachemak Drive. Many of the lots located on the north side of this road are classified as high value wetland, making these very difficult and expensive to develop.

Each of the lots are being assessed a significant sum to bring in water and sewer that will not be used.

Several lot owners have recently proposed donating their wetland lots to Kachemak Heritage Land Trust or to Kachemak Moose Habitat Inc. for the permanent protection of outstanding moose, shorebird and water fowl habitat.

Neither organization is the position to accept these donations due to the assessments. These lots will never need water and/or sewer on the lots if owned for conservation.

Ms. Seaman reminded the Council that if the Beluga Wetlands area is filled, paved and otherwise developed the functional value of this important wetland will be lost. Not just a loss of diverse and valuable habitat and damage to water quality. It also means a serious threat to roads, structures and even human safety. She reported that local wetland ecologists have told her that when the Beluga Wetland area is covered, the impervious surfaces, to over 4.5% or so, the increased and narrowed water flow running across this area to Bishop's Beach will be like that of Woodard Creek on any given day. She pointed out that in the flood events, as experienced in 2002, the flow would be at volume and velocity as that of the Anchor River. She emphasized that this water has to go somewhere and that Kachemak Drive, Ocean Drive and even Bishop's Beach would be in jeopardy along with homes and businesses adjacent to them. It seems obvious that the protection and maintenance of valuable wetland functions of the Beluga Wetlands are key to avoiding very costly development and protective infrastructure or emergency remediation in the future. She urged the Council to take a farsighted first step towards this end by making it possible for the voluntary donation and subsequent perpetual conservation for public benefit.

Greg Siekaniec, Manager of the Alaska Maritime National Wildlife Refuge and work at the Alaska Islands and Oceans Visitor Center, commented on Resolution 05-54, traffic signals on Sterling Highway. He applauded the City for the interest in beginning to control traffic on the Sterling Highway. Coming from the perspective of the Islands and Oceans Visitor Center, there have been approximately 75,000 visitors in the center last summer and expect a comparable year this year ,if not more. He urged the Council to give further consideration, in a much more comprehensive way, for pedestrian and bicycle access across the Sterling Highway, particularly to the Visitor Center. He willingly offered his services to assist the process with the Department of Transportation (DOT). He reiterated his support, adding that this will serve the City well. In response to Councilmember Stark's comment, he stated that he was sure that Mr. Stark's contacts went clear to the Federal Government since the Washington D.C. DOT folks contacted him today wanting to discuss their parking facility in relation to the Sterling Highway.

Dave Roseneau, City resident and a biologist at Islands and Oceans, thanked the Council for considering the traffic light Resolution. He noted that over the past three years he has written and spoken to some of the Councilmembers about that, little seemed to get done, the answers were usually - we don't need it or let's do a traffic circle or lets do a study. He encouraged the Council to tackle this now and do something. It has become very obvious over the last few years that it is needed and it would be good to get it in before the peak of the tourist season. He stated that, as he understands it, this can be done fairly quickly in that the light poles have been in place and wired for a number of years, and last year Rex Young and the DOT crew put in the last missing items - the sensor loops under the new pavement. Mr. Roseneau stated that the comments Mr. Young made to him indicated that the traffic light could be up and running in a couple of weeks. Simply scheduling a guy to hang it and to spend some time, timing the light. He emphasized that it is basically and desperately needed for decent traffic flow and public safety. He relayed having seen six near serious accidents in the last couple of years and about an accident he was almost in. He voiced his concern that it is only a matter of time. He noted that many motorists are using Heath Street. He noted that many people are still interested in a traffic circle, which, according to Mr. Young, would be a minimum of five to six years from the time he is given the go ahead due to studies, permitting, wetlands, purchasing land, and could cost $1 to $2 million. He asserted that the traffic light is needed now and a traffic circle, if still wanted, could come later. He suggested that two more are needed perhaps at Poopdeck and Pioneer, adding that the spacing is great for that. He asked that the speed limit stay at 35 mph, that lowering it would just lead to congestion. He noted that with the advent of Fred Meyer there is no question left that a traffic light is needed for starters.

Valerie Conner, City resident, welcomed Mr. Heimbuch to the Council and thanked him for serving the community in this way. She addressed the Council regarding Resolution 05-54, putting the light at the Lake Street/Sterling Highway intersection, agreed that something needs to be done, and that the situation is really bad and getting worse. She voiced disappointment in the Resolution that it did not have any language for alternatives as a traffic circle, adding that she always thought that would be a great spot. She stated that she did not realize these cost so much, that she has done some research and the information she found was that the traffic circles are cheaper than traffic signals. $1 million is a lot of money for a traffic circle. She reported that traffic circles, according to her information, are less expensive and safer than signal lights, and that there are more fatalities at signalized intersections then at a round about. Signals do not account of the seasonal fluctuation of visitors, therefore, people will be sitting at that light in the middle of November wondering what they are doing sitting there and burning fuel, wasting time, and adding to pollution. She voiced her desire to see the signal lights adjusted for the seasonal kind of thing. She reiterated that a round about would be really great at that location, it would be a great experiment, it is a lot more interesting than a light, and that Homer is ready for a round about. She told the Council that she thinks it would be really cool to be the first community that had a round about outside the doors of Fred Meyer. She thanked the Council for their time.

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 Heimbuch requested that Resolutions 05-50 and 05-47 be pulled and placed under Resolutions.

Councilmember Stark requested that Resolution 05-45 be pulled and placed under Resolutions.

Councilmember Wythe requested that Ordinance 05-28 be pulled and placed under Ordinances and that Memorandum 05-74 be pulled and placed under New Business.

A. Homer City Council unapproved meeting minutes of April 11, 2005 Regular Meeting. City Clerk. Recommend approval.

B. Ordinance 05-23, Of the City Council of Homer, Alaska Accepting and Appropriating Private Donations in the Amount of $690,000.00 for te New Homer Public Library Project and Authorizing the City Manager to Execute the Appropriate Documents and/or Transfers. City Manager. Fiscal Note: Account No. Funding and Expenditure: 151-722 Private Donations $690,000.00, Add to New Homer Library Project Budget $690,000.00. Recommend introduction, conduct Public Hearing and Second Reading May 9, 2005.

C. Ordinance 05-27, Of the City Council of the City of Homer, Alaska Amending Homer City Code Section 21.48.060(h) Central Business District Landscaping Requirements, Buffers and Section 21.49.060(h) General Commercial 1 Landscaping Requirements, Buffers. Council. McLay. Recommend introduction, Conduct Public Hearing May 9, 2005 and Second Reading Tuesday, May 24, 2005.

Memorandum 05-80, through City Manager.

D. Ordinance 05-28, Of the City Council Appropriating a Loan of $500,000.00 from the Special Projects Fund, Account 151-275, to Construct the New Homer Public Library, and Stipulating that the Special Project Fund be Repaid when the Current Library Building is Sold. City Manager. Fiscal Note: Account No. Funding and Expenditure:151-275 Special Project Fund $500.000.00, Add to New Homer Public Library Fund. Must be repaid to the Special Project Fund when the Current Library Building is sold. Recommend introduction, conduct Public Hearing and Second Reading May 9, 2005.

Placed under Ordinances.

E. Resolution 05-45, Of the Homer City Council Requesting a Right of Way Use Agreement with the Alaska Department of Transportation and Public Facilities (ADOT &PF) for Additional Spit Trail Parking at the Base of the Spit. Novak. Recommend adoption.

Placed under Resolutions.

F. Resolution 05-47, Of the City Council of Homer, Alaska Awarding a Professional Services Contract for Design and Construction Inspection to the firm of William J. Nelson and Associates of Kenai, Alaska in the Amount of $81,908.00 for the Spruceview and West Noview Road Reconstruction and Paving Homer Accelerated Roads Program Project and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. City Clerk. Fiscal Note: Homer Accelerated Roads Program (HARP) Funds and Property Owner Assessments. Spruceview Budget adopted via Ordinance 04-44, September 28, 2004: HARP Spruceview Avenue Road Reconstruction and Paving Project $400.000.00 Project Account Number 160-766. Recommend adoption.

Memorandum 05-72, from Public Works as backup.

Placed under Resolutions.

G. Resolution 05-48, Of the City Council Expressing its Intent Regarding funding for Depreciation and Making it a High Priority. Wythe. Recommend adoption.

H. Resolution 05-49, Of the City Council Amending the City of Homer Fee Schedule, Administrative Fees, to Include a Fee for CDs and Commercial Photograph Reproduction. City Clerk. Requested by Fire Chief. Fiscal Note: Revenues: Recommend Adoption.

I. Resolution 05-50, Of the City Council Exempting Certain Lands that will not be Developed due to Conservation Easements or Owned by Organizations that Conserve Land for Public Purpose and/or Habitat Protection from the Homer Accelerated Roads Program and the Homer Accelerated Water and Sewer Program Assessment District Assessments on a Case by Case Basis and that Each Program Shall be Amended to Include this Exemption under Special Provisions. Yourkowski. Fiscal Note: Assessments will be Funded by the HARP and/or HAWSP as approved by the City Council in the Final Assessment Roll. Recommend adoption.

Placed under Resolutions.

J. Resolution 05-51, Of the City Council Extinguishing the Temporary Hiring Freeze Imposed for the First Six Months of Fiscal Year 2005. City Manager. Fiscal Impact: All existing Positions Budgeted. Recommend adoption.

K. Memorandum 05-74, through City Manager, Re: Community and Economic Impact Analysis. Fiscal Note: $40,000/Unbudgeted plus staff time for meeting prep and meetings and advertising costs. Recommend approval.

Placed under New Business.

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

VOTE: (With the exclusion of Items D, E. F. I and K) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

None scheduled.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. EMS Week Proclamation, May 15 - 21, 2005.

B. Announced - Clerk's Week, May 8 - 14, Clerk's Contest deadline is May 11th.

Appreciation was expressed for the fine work of Homer's Clerk and all Municipal Clerks.

C. Reports on Juneau Trip.

Mayor Hornaday and Councilmembers McLay, Stark and Wythe reported on their lobbying trip and AML Flyin Conference in Juneau the week of April 18, 2005.

Mayor Hornaday thanked the Councilmembers for attending and Mrs. Stark.

Councilmember McLay noted that on behalf of the City Port and Harbor Director he met with Mike Krieber, the Juneau Port Engineer, and provided Homer Harbor Information Packets to Senator Gary Stevens and Representative Paul Seaton. He met with Representatives Bruce Weyhrauch and Mike Chenault, and Senators Tom Wagoner, Gary Stevens, Richard Foster, Norman Rokeberg and Gary Wilken to discuss Harbor Issues and presented them with Homer Harbor paperwork. He commented on other appointments, adding that, although long and tiring, they were well received. He voiced his hope that the trip was beneficial.

Councilmember Wythe commented on the AML Conference, the PERS/TERS deficit of nearly $6 Billion, attending the House and Senate and that she spent time on each floor. She reported that she attended a public hearing on the PERS/TERS issue, adding that it was interesting to hear state employees address the issue. She noted that the discussions about adding a Tier IV would require a ten percent contribution from the employee, which is, for many, a lot of money. She relayed how interesting it was to see how the legislators tie things together such as any assistance to communities on the PERS/TERS is tied to adding the new tier, adding how many changes are being made to this bill. She voiced appreciation to the Council for sending them to Juneau.

Councilmember Stark stated that the Mayor did an outstanding job of leading them and that he thinks that the City of Homer delegation had more influence and did more work that most of the rest of the Municipal Delegations put together. He commented that they testified at the Public Hearing on Tuesday night on SB 141 on the retirement problem. He reported that Senate President Ben Stevens, sitting with Senator Lyda Green, stopped him and told him how much he liked his testimony. He further reported that Senator Hollis French and another individual voiced appreciation to Councilmember Wythe for her testimony. He voiced frustration that the House and Senate do not communicate with each other nor with the Governor. He noted that they did meet with the Governor's Office as well.

Mayor Hornaday thanked the City Manager and staff for putting together some good information and for lining up some good meetings. He stated that he is not terribly optimistic and believes that it is not better than 50/50 that the City is going to get any money. He expressed his opinion that they made strong presentations on the various projects that Homer needs and voiced his hope that the City will get some money. He reiterated his thanks to those who went to Juneau.

D. Parks and Recreation Commissioner Debbie Poore giving a Commission Report.

Commissioner Poore gave a report on the last meeting, April 21, 2005 and advised of the Community Park Day plans for May 14, 2005:

Use of Lot 79, Oscar Munson Subdivision, Ocean Drive Loop was discussed. Property owners provided input and all are supportive of this being a green space and a minimally developed pocket park - bench, raspberry bushes and moose browse.

Public Hearing will be held May 19th during their regular meeting beginning at 6:30 p.m. regarding: Library Land 3 lots, Glacierview Subdivision on Hazel Avenue, Oscar Munson Subdivision Lot 79 on Ocean Drive Loop, Harry Feyer Lot 179 on Kachemak Drive, the Spit Trail and Park issues, and Government Lot 13 at the Kachemak Drive and the Spit Road area.

Community Park Day - Theme: Parks are for People, Saturday, May 14, 2005 from 10 a.m. to 1 p.m. at Karen Hornaday Hillside Park. Activities: Softball games, Park Survey. Trash Can painting. Listen to Slack Tide on KBBI at 9:30 a.m. on Friday, May 13th.

Trails Sub Committee will continue working on the Interconnecting Trails System.

Beach Policy work - the Beach Policy Committee members will be speaking to the Commission on May 19th. The Commission may consider a subcommittee to address this issue.

Park Walk Through will be scheduled at the next meeting to facilitate annual assessment of the condition and needs of the Bayview, Ben Walters, Bishop's Beach, Coal Point, End of the Road and Fishin' Lagoon Parks.

Homer Garden Club will be making a presentation to them on May 19th.

She reported that, considering the many parks and trails in Homer and the heavy use of these by the community, the Commission feels a strong need for the City of Homer to commit to maintenance and development of these through the City's budget process.

Questions:

What percentage of the annual City Budget is allocated to Parks and Recreation?

How is the Council planning on allocating a share of revenues coming from the sales tax increase into Parks and Recreation?

Commissioner Poore thanked the Council for the opportunity to report.

PUBLIC HEARING(S)

A. 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. (First Reading April 11, 2005, Public Hearing April 25, 2005, Second Reading May 9, 2005.)

There was no Public testimony.

B 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. (First Reading April 11, 2005, Public Hearing and Second Reading April 25, 2005.)

There was no Public testimony.

NOVAK/YOURKOWSKI - MOVED TO ADOPT ORDINANCE 05-20 BY READING OF TITLE.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

C 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 - Recommended in Memo 05-79 to split the remaining cash match with the English Bay Corporation.). Expenditure Account 151-726 Homer Ice Rink/Multipurpose Facility $436,120.00 for Transportation Improvements. (First Reading April 11, 2005, Public Hearing and Second Reading April 25, 2005.)

Memorandum 05-79, from City Manager, Re: Funding for the required match.

There was no Public testimony.

STARK/NOVAK - MOVED FOR THE ADOPTION ORDINANCE 05-24 BY READING OF TITLE.

The pros and cons of the City funding, even a part of the match, was discussed. Also commented upon was the fact that this facility is on private property and that this project would be benefitting the private property owner, with interjection that it also benefits the community, to the public.

City Manager Wrede noted that English Bay is working on providing in kind services as well as splitting the balance of the match. He clarified that the actual project is in the state right of way.

Councilmember Heimbuch suggested that there being an MOU between the City and the English Bay Corporation documenting contribution.

Councilmember Wythe noted that in kind services are still expenses to the City.

VOTE: YES: STARK, NOVAK, HEIMBUCH.

NO: YOURKOWSKI, McLAY, WYTHE.

MAYOR TIE VOTE: YES.

Motion carried.

D. 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. (First Reading April 11, 2005, Public Hearing and Second Reading April 25, 2005.)

There was no Public testimony.

McLAY/NOVAK - MOVED FOR THE ADOPTION ORDINANCE 05-25 BY READING OF TITLE.

City Manager Wrede responded to Council inquiry that there are Homer Police Officers who are certified in Commercial Vehicle inspections, adding that this is a continued grant.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

E. Ordinance 05-26(A), 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. (First Reading April 11, 2005,Public Hearing and Second Reading April 25, 2005.)

There was no Public testimony.

STARK/McLAY - MOVED THE ADOPTION ORDINANCE 05-26(A) BY READING OF TITLE.

Councilmember Stark stated that he believes that this is something that has to be done and noted that the Election cost came in lower than estimated. He also noted that the positions are not new positions.

STARK/McLAY - MOVED TO AMEND THE ORDINANCE TO REDUCE THE PROPERTY TAX BY $545,763.00 AND INCREASE THE SALES TAX BY THE SAME AMOUNT. (Clerk note: would set the mil rate at 4.)

Discussion points:

Council raised the mil rate December 2004 by 10%, following that the Borough raised the assessed value of property within the City of Homer by 22.75%, which is a total increase of 32.75% average. Dropping the mil rate from 5.5 to 4 is a 27% reduction so Citizens of Homer will still be paying 5% more in property taxes.

It is incumbent upon the Council to lower the property taxes down to 4 mils at this time.

Budgeting property tax is easier since it is more of a known amount than projecting sales tax revenues.

Evaluate this at the end of the year and if things look good then the Council can reduce the mil rate.

Since the sales tax increased was approved by the voters the reduction in property taxes to 4.5 mils is a reduction in revenues of almost $364,000.00 and reducing it to 4 mils would result in a reduction of another $180,000.00.

The projection to the community with regard to asking for the sales tax increase was that the City had a financial need for the next couple of years was projected at $900,000.00.

Seems like the Council is in the unenviable position of trying to undo what the Borough has done, to try to live up to the promise made to the public with the last election.

Property tax policies flow from tax valuations that don't necessarily have a basis in what the Council is trying to do. There are inflations based on dollars imposed from a superior economy in other places. This is a no win situation. At some point the communication to the public was that, in fact, their taxes would go down. Council did not say the property taxes would go down based on what the borough might do, but did say that the property taxes would go down.

Council needs to maintain the $900,000.00 threshold.

Council needs to be sensitive to the public's needs and to those who have a very difficult time with property taxes.

That it has only been two months since the public was told that the increase in sales tax was needed and that $1 million was needed.

The amendment is premature and it would be irresponsible to arbitrarily change the rate until there are some factual figures to back it up.

Two months ago it was unknown that the Borough was going to raise property assessments by 20% to 25%.

At the Committee of the Whole there was some commitment from staff to look into this further. Perhaps by the next meeting there will be some better numbers to look at or a staff recommendation.

There is time to adjust property tax rates based on analysis of the staff and there was hope expressed that this would come up again.

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

NO: McLAY, WYTHE, YOURKOWSKI, NOVAK.

Motion failed.

There was no further discussion.

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

Motion carried.

F. New Liquor License - Sockeye Thai, Homer Spit Road. Restaurant/Eating Public Convenience and Restaurant Designation Permit.

There was no Public Testimony.

ORDINANCE(S)

A. 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, Second Reading April 25, 2005).

YOURKOWSKI/NOVAK - MOVED FOR THE ADOPTION OF ORDINANCE 05-22 BY READING OF TITLE.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Consent Agenda Item D. Ordinance 05-28, Of the City Council Appropriating a Loan of $500,000.00 from the Special Projects Fund, Account 151-275, to Construct the New Homer Public Library, and Stipulating that the Special Project Fund be Repaid when the Current Library Building is Sold. City Manager. Fiscal Note: Account No. Funding and Expenditure:151-275 Special Project Fund $500.000.00, Add to New Homer Public Library Fund. Must be repaid to the Special Project Fund when the Current Library Building is sold. Recommend introduction, conduct Public Hearing and Second Reading May 9, 2005.

WYTHE/NOVAK - MOVED FOR THE ACCEPTANCE OF ORDINANCE 05-28 FOR RECOMMENDATION TO CONDUCT THE PUBLIC HEARING AND SECOND READING ON MAY 9, 2005.

Councilmember Wythe voiced concern and reservations about taking a loan against a piece of property on the speculation that when it sells 18 to 24 months down the road the City will get its money back.

VOTE: YES: STARK, NOVAK, HEIMBUCH, YOURKOWSKI.

NO : McLAY, WYTHE

Motion carried.

CITY MANAGER'S REPORT

A. City Manager's Report (Updates and Follow Up: Spit leases, Ice Rink/DOT Appropriation, Hospital Lease, Homer Hockey Association, Hiring Freeze, Library bids, Spit Bathrooms, 911 Emergency Call System, PERS Resolution, Library Loan; Fred Meyer Open House Meetings - Tuesdays April 26 and May 10, 2005; Community Food Pantry and Homer Senior Citizens' thanking the City for funding through the Homer Foundation.

Mayor Hornaday, the City Council and the City Manager agreed to conduct a Worksession on Tuesday, May 10, 2005 at 10 a.m. to discussion the South Peninsula Hospital land lease and land ownership issues with Mayor Bagley.

B. Bid Report - one bid opening and three invitations to bid..

New Homer Public Library Bids. April 21, 2005, 2:00 P.M. PROJECT No: 151-722 Tentatively scheduled to be awarded during the May 9, 2005 Regular Council Meeting. Listed in order of submission. 1. Jay-Brant General Contractors $6,146,889; 2. Sunland Development $7,298,024;

3. TBI Construction $6,948,000; 4. Blazy Construction $6,367,358; 5. Wolverine Supply General Contractor $6,754,550; 6. International Bridge Corp. $7,589,000; 7. Dokoozian & Associates $6,848,609. Engineer's Estimate: $5,241,493

Invitation to Bid, Prisoner Meal Service for Homer Jail Sealed Bids will be received by the Office of the City Clerk, 491 E. Pioneer Avenue, Homer, Alaska 99603 until 2:00 p.m., May 12, 2005 at which time they will be publicly opened and read.

Invitation to Bid, Public Works Gravel Supply Sealed Bids will be received by the Office of the City Clerk, 491 E. Pioneer Avenue, Homer, Alaska 99603 until 2:00 p.m., Thursday, June 9, 2005 at which time they will be publicly opened and read.

Invitation to Bid, Deep Water Dock Corrosion Protection Retrofit Sealed Bids are due in the Office of the City Clerk, 491 E. Pioneer Avenue, Homer, Alaska 99603 by 2:00 p.m., May 19, 2005 at which time they will be publicly opened. Bids received after the time fixed for receipt of the Bid shall not be considered. Associated costs for bid plans and specs is $100 if picked up at Clerk's office; $135 for overnight delivery. All fees are non-refundable.

COMMITTEE REPORT

A. Town Center Development Committee. Meeting notes from March 24 and April 4, 2005. Committee met on Thursday, April 14th at 5:30 p.m. in the Conference Room. .Next meeting is scheduled for Thursday April 28, 2005 at 5:30 p.m. Chamber of Commerce.

Barb Seaman, Vice Chair gave a brief status report. She noted that they are having a meeting next Thursday and at that time they will be reviewing the plan draft. On May 18th Laura Ballock from Seattle will be in attendance and is the one that they contracted with to do the design work. Ms. Seaman voiced her opinion that this is moving along really well, that there are strong opinionated people that form this Committee and who work well together. She announced that June 9th there will be an open house to show everyone what they have done. She encouraged the Council to feel free to ask questions or to learn more about the plan and that they are more then welcomed to contact anyone on the Committee. She shared her excitement with the plan. She emphasized that the open house will include special invitations and that the intent is to make this wide open to the community, again. The Committee will take the comments and polish off the draft plan and submit to the Planning Commission at the end of June as the Council requested.

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

City Manager Wrede responded to Councilmember Stark's inquiry about the Transportation Plan status, that it is at the Planning Commission level.

C. Beach Policy Committee. Meeting Synopsis from April 12, 2005. Also See Memorandum 05-78, presented during the Committee of the Whole, Final Recommendations.

D. Public Arts Committee. Meeting scheduled for Thursday, April 21, 2005 at 11 a.m. in the Cowles Council Chambers.

E. Conference Center Feasibility Study Steering Committee. Meeting scheduled for Monday, April 25, 2005 at 1:30 p.m. in the Homer Chamber of Commerce Building.

PENDING BUSINESS

None scheduled.

NEW BUSINESS

A. Memorandum 05-75, from City Clerk Re: New Liquor License - Sockeye Thai, Homer Spit Road. Restaurant/Eating Public Convenience and Restaurant Designation Permit.

RECOMMENDATION: Voice non objection and approval of the New Liquor License as listed above.

NOVAK/WYTHE - MOVED TO APPROVE THE RECOMMENDATION OF MEMORANDUM 05-75 BY READING OF TITLE.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Consent agenda item K. Memorandum 05-74, through City Manager, Re: Community and Economic Impact Analysis. Fiscal Note: $40,000/Unbudgeted plus staff time for meeting prep and meetings and advertising costs. Recommend approval.

Recommendation:

1. Appropriate by ordinance approximately $30,000 to $40,000 to conduct a community and economic baseline study and authorize the City Manager to commission such a study.

2. Establish by resolution a joint committee to discuss the standards and criteria of the Community and Economic Impact Standards in the code. Request that the Mayor appoint the members of the committee.

WYTHE/NOVAK - MOVED FOR ACCEPTANCE OF THE RECOMMENDATION OF MEMORANDUM 05-74.

Concern was expressed with the expenditure of $30,000.00 to $40,000.00. There was discussion pro and con on the need for such a study and that the required study that Fred Meyer has to do for their Conditional Use Permit may well provide the baseline information. It was expressed, with certainty, that there would be no expense since Fred Meyer is already doing a baseline study.

Discussion ensued.

City Manager Wrede elucidated the importance of a baseline study and that it is hoped that baseline study information will be provided by the consultant, hired by the City and doing the work for Fred Meyer. He noted that the impacts have to be measured against a baseline. He pointed out that the Planning Commission has some options; ask for more information within the study or just reject the study since it is part of the Conditional Use Permit process.

Discussion ensued.

VOTE: YES: YOURKOWSKI, NOVAK, HEIMBUCH.

NO: WYTHE, STARK, McLAY.

MAYOR TIE VOTE: NO.

Motion failed.

Mayor Hornaday called for a recess at the request of Councilmember Wythe at 8:21 p.m. He reconvened the meeting at 8:26 p.m.

WYTHE/NOVAK - MOVED TO RECONSIDER MEMORANDUM 05-74.

There was no discussion.

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

Motion carried.

Main motion is back on the floor.

WYTHE/YOURKOWSKI - MOVED TO AMEND THE MEMORANDUM BY ELIMINATING RECOMMENDATION NUMBER ONE RELATING TO FINANCING.

There was no discussion.

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

Motion carried.

Concern was voiced that this was just going to delay the application. Often committees go on and on and on. Fred Meyer is a big economic impact to the community and has spent a lot of money. There was an opinion that the City has put up every road block it could and that the economic impact analysis does not need to be mulled over any more than by the staff and by the Commission. The importance of the baseline study was emphasized. It was noted that this falls back on the Resolution 05-37 that the Council passed, directing the Planning Commission to thoroughly assess economic impact, that it is not a road block nor is it intended to be a road block. It is a matter of assessing economic impact and by having the data in hand it will provide the information to evaluate how things have changed in Homer or how businesses have been impacted. This is part of what the Fred Meyer study is supposed to cover and if that information is in that study then that provides what the City needs, however the Commission was not sure that information would be there or to the extent desired. Council will still be faced with subjective decisions about the future of the City regardless of what any information says. As long as it is not obstructive there is no reason for opposition.

City Manager Wrede relayed the Planning Commission's concern that the Council, Commission or different members on the bodies might interpret the standards in the Code differently since these have not be used and that they might have different ideas about what might be required in a community and economic impact assessment. This Committee is a group with a short life tasked to flush out a little more what the community and economic impact assessments are to measure and what the Code means. This is not a committee to review every project and do the Planning Commission's job.

Discussion continued with some comments reiterated.

VOTE: (main amended and reconsidered motion) YES: NOVAK, HEIMBUCH, McLAY, WYTHE.

YOURKOWSKI.

NO: STARK

Motion carried.

RESOLUTIONS

A. Resolution 05-44, Of the Homer City Council Expressing its Recommendations Regarding Revenue Enhancement Options Available to and Under Consideration by the Kenai Peninsula Borough. Novak.

NOVAK/YOURKOWSKI - MOVED TO ADOPT RESOLUTION 05-44 BY READING OF TITLE.

There was pro and con discussion on whether or not the City should be providing this type of input to the Borough.

VOTE: YES: NOVAK, WYTHE, YOURKOWSKI.

NO: STARK, HEIMBUCH, McLAY.

MAYOR TIE VOTE: NO.

Motion failed.

B. Resolution 05-52, Of the City Council Providing Comments and Recommendations to the Kenai Peninsula Borough Assembly Regarding the Draft Borough Comprehensive Plan. Mayor and City Council.

Memorandum 05-76, from Planning with Planning Commission input to be submitted after Planning Commission meeting on April 20, 2005.

WYTHE/NOVAK - MOVED FOR THE ADOPTION OF RESOLUTION 05-52 BY READING OF TITLE ONLY.

City Manager Wrede responded to Council that this also includes the Council's input from last year via Resolution 04-13(A).

Resolution 04-13(A) input:

1. That the KPB support the development of the Port of Homer as a transportation hub and container facility serving the northern Gulf of Alaska, Cook Inlet, Kachemak Bay, and the Lower Kenai Peninsula as a key to the Peninsula's economy and linkage with the Southwest Alaska Transportation Plan.

2. That the KPB recognize Homer's docking facilities as a tremendous potential for area-wide economic growth by directly and indirectly creating Peninsula employment within: commercial fishing, sport fishing, logging, cruise ship industry, freight, Coast Guard support, Alaska Marine Highway, numerous governmental agencies, and private businesses.

3. That the KPB recognize the economic benefits from Lower Peninsula recreation and tourism to the entire Kenai Peninsula, and aggressively market this industry as a year-round activity.

4. That the KPB work with the State of Alaska to obtain the necessary funding and resources to develop a Kenai Peninsula highway system capable of handling commercial and private traffic in a safe and efficient manner. All residents and visitors to the Kenai Peninsula are dependent upon long narrow, sections of winding highway for vehicle access to and from Anchorage, and each year highway fatalities result from these travel conditions.

5. That the KPB require developers to construct roads to borough standards and to provide pedestrian connectors prior to final recording of the subdivision plat.

6. That the KPB define steep slope terrain and develop regulations and standards in which land development and construction therein shall be permitted. Regulations and standards shall protect the topographic character of steep slope areas by insuring that development does not result in soil erosion, silting of lower slopes, slide damage, flooding, water quality impacts, and severe cutting and scarring.

7. That the KPB provide adequate funding for school district co-curricular activities. Seventy percent (70%) of school district students enrolled in grades 7-12 annually participates in co-curricular activities. These activities encourage students to remain enrolled in school, contribute to student academic performance, and prepare young people to be successful citizens.

8. That the KPB lobby the State of Alaska Legislature to adjust the State Education Funding Formula to properly accommodate Peninsula cultures and the unique geography within the Kenai Peninsula Borough School District. Present funding allocations to the Kenai Peninsula Borough School District from the State of Alaska do not recognize or compensate the Kenai Peninsula School District in a manner that properly accounts for the school district's unique geographic character.

9. That the KPB adopt zoning regulations needed to restrict conflicting uses throughout the Borough.

10. That the KPB and the City of Homer enter into an "area of city impact agreement" to promote the orderly development of land within one mile of Homer City limits. Because land in the area of "city impact" is in direct proximity to the City of Homer, it is an area in which growth and development is expected to occur and have future impact on the City of Homer. Proposed changes to the Kenai Peninsula Borough Comprehensive Plan would include a proposed "impact area" surround the City of Homer where management of land uses is jointly approved by the Homer City Council and the Kenai Peninsula Borough Assembly.

11. The City recommends that the Borough accept trail and public access easements when offered by subdividers and donors, and that it amends its subdivision Ordinance to encourage the establishment of public access trails and easements where feasible and prudent.

12. That the Kenai Peninsula Borough establish a permitting process to review any development on the shoreline of Cook Inlet and Kachemak Bay for the purpose of stabilizing the beach or the bluff face along the shoreline.

Resolution 05-52 input:

Page 4 - add to fifth bullet: Comprehensive plans of the incorporated cities

Planning, add to end of section - Unlike zoning, the Borough has not delegated planning powers to the incorporated cities. The cities create and adopt individual comprehensive plans, which set the framework for decisions and policies within the cities. These plans must be adopted by the Borough. The Cities of Homer, Soldotna, Seward, Seldovia and Kenai have adopted comprehensive plans. These plans are updated from time to time, by the individual city. After adoption by the City they are forwarded to the Borough for adoption by ordinance. After adoption by ordinance, they should be considered as additional elements or chapters to the boroughwide plan.

Page 3-13 Activities and Events - add additional bullet: Homer Kayak Festival

Page 3-14 Other Attractions -addition to first paragraph after last sentence: The Alaska Islands and Ocean Visitor Center is a state-of-the-art interpretive, education, and research facility based on a partnership between the Kachemak Bay National Estuarine Research Reserve and the Alaska Maritime National Wildlife Refuge. The facility and its programs are dedicated to the understanding and conservation of the marine environment through research, monitoring, education, and outreach. In its first year of operation (2004), the Visitor Center hosted more than 75,000 guests.

Page 3-25 Homer - 5th bullet - correction: Research and educational facilities including the expansion of the local Kenai Peninsula Campus of the University of Alaska, the Islands and Ocean complex, and the Kachemak Bay Estuarine Research Reserve Alaska Islands and Ocean Visitor Center which houses the Kachemak Bay National Estuarine Research Reserve and the Alaska Maritime National Wildlife Refuge, the Pratt Museum, and the Center for Alaskan Coastal Studies.

Page 3-25 Homer - additional bullets: Lake Clark National Park and Preserve - offices. Kachemak Bay State Park and State Wilderness Park

Page 4-66 Table 4-7 correction: Homer Ice Skating rink is complete and should be changed to an X.

Page 4-66 Existing Conditions - additions to third paragraph: Popular outdoor activities include snow machining, downhill and cross-country skiing, dog sledding, all terrain vehicle riding, ice fishing, snowshoe hiking, and ice skating, climbing, hiking, kayaking, and wildlife viewing.

Location not determined: The incorporated cities of the borough exercise their zoning powers to direct land use development within their boundaries, as well as offer services such as police protection and the provision of public utilities. Land use development immediately adjacent to the incorporated cities has an impact on the neighboring city. Areas contiguous to the incorporated cities are experiencing growth and development. The borough and the cities should work together to address development in these areas in order to facilitate harmonious growth and minimize negative impacts to neighboring properties.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

C. Substitution approved under Agenda Approval: Resolution 05-54(S), Of the Homer City Council Assenting to Alaska Department of Transportation and Public Facilities Installation of Traffic Signals at Intersection of Lake Street and Sterling Highway. Stark. McLay.

STARK/McLAY - MOVED FOR THE ADOPTION OF RESOLUTION 05-54(S) BY READING OF TITLE.

There was discussion about the need for a signal light and about safety issues for pedestrians and vehicles.

NOVAK/YOURKOWSKI - MOVED TO AMEND TO DELETE THE FOURTH WHEREAS AND INSERT THE FIFTH WHEREAS IN ITS PLACE ON PAGE 181 Delete: Whereas, a roundabout could be constructed at this intersection, although federal and state standards on roundabout design require a 190' right of way diameter at this location and ADOT& PF has stated that such a roundabout would take five years to accomplish and cost $1 million dollars, and the roundabouts at Seward Highway and Dowling Road are a major problem for trucks because the radii are too tight for truck traffic; and INSERT: WHEREAS, The completion of the installation of traffic signals at Lake Street will enable the City to evaluate the overall effect on traffic flow in that area, and help in future traffic flow design analysis; and ADD AFTER WHEREAS, The above signals can be set to flash yellow and red at low volume times; and THE WHEREAS, The installation of traffic signals at the Lake Street intersection will allow for the striping of a crosswalk on the Sterling Highway at this intersection to enable pedestrian traffic to safely cross the Sterling Highway at this point.

VOTE: (primary amendment) YES: WYTHE, YOURKOWSKI, NOVAK, HEIMBUCH.

NO: McLAY, STARK.

Motion carried.

Discussion ensued.

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

Motion carried.

D. Resolution 05-55, Of the Homer City Council Supporting State Adoption of Tier IV Defined Contribution Plan for Public Employees Retirement System. Stark. Recommend adoption.

Memorandum 05-77, from Councilmember Stark, Re: Council's Position on PERS Revisions - Tier IV.

STARK/HEIMBUCH - MOVED THE ADOPTION OF RESOLUTION 05-55 BY READING OF TITLE.

Council commented on the complexity of the issue, that the PERS/TERS deficit of nearly $6 Billion and on the pros and cons of adding a Tier IV. There was concern expressed about the Tier IV employee being required to participate with a ten percent contribution. Many Councilmembers expressed a concern about not having enough information and that the Bill keeps changing via Committee amendments. In Juneau there was testimony from several State Hiring Officers about the difficulty attracting and retaining employees particularly in specialty areas with the current retirement system. Several single parents testified with regard to the inability to have a living wage if ten percent is taken off the top to pay into their pension plan, adding that they are already contributing a portion and that it would just be a larger portion. The City liability is 6 million and the State Liability is $5.7 billion that is growing every day and something has to be done. Council is considering this Resolution for maybe five minutes, whereas, the State has had numerous committee meetings and have not figured out what they are going to do. This is a huge issue and Council does not have the expertise to make a decision. The Police and Fire personnel are concerned about the Tier IV, which apparently does not meet their needs.

Councilmember McLay reported that he heard on the news, between the Committee of the Whole and the Regular Meeting, that State Finance Committee Chair Meyer said that Saturday there was a decision made and that tomorrow it will be settled and passed.

Discussion ensued. It was noted that the financial deficit was generated by the medical side of the plan and that there have been some proposals about the medical benefits.

NOVAK/McLAY - MOVED TO TABLE RESOLUTION 05-55.

VOTE:(table) YES: NOVAK, HEIMBUCH, McLAY, WYTHE, YOURKOWSKI.

NO: STARK.

Motion carried.

E. Consent Agenda Item I. Resolution 05-50, Of the City Council Exempting Certain Lands that will not be Developed due to Conservation Easements or Owned by Organizations that Conserve Land for Public Purpose and/or Habitat Protection from the Homer Accelerated Roads Program and the Homer Accelerated Water and Sewer Program Assessment District Assessments on a Case by Case Basis and that Each Program Shall be Amended to Include this Exemption under Special Provisions. Yourkowski. Fiscal Note: Assessments will be Funded by the HARP and/or HAWSP as approved by the City Council in the Final Assessment Roll. Recommend adoption.

HEIMBUCH/YOURKOWSKI - MOVED TO ADOPT RESOLUTION 05-50 BY READING OF TITLE.

Brief comment leading up to the amendment.

HEIMBUCH/STARK - MOVED TO AMEND NOW, THEREFORE, BE IT RESOLVED TO READ: NOW THEREFORE BE IT RESOLVED, that the City Council may decide that certain lands preserved in their entirety for public purpose [hereby] shall be exempt[ s certain lands preserved for public purpose] from HARP and HAWSP Assessment District Assessments on a case by case basis and that the HARP and HAWSP shall each be amended to include this exemption under Special Provisions; and

There was no discussion.

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

Motion carried.

There was concern that the cost of exempting the parcels would be passed on to the property owners. The intent is that the program picks up the additional costs, the exempted properties assessment(s).

HEIMBUCH/YOURKOWSKI - MOVED TO AMEND THE PARAGRAPH BE IT FURTHER RESOLVED THAT LAND EXEMPTED UNDER THIS PROVISION SHALL NOT BE INCLUDED IN THE FORMATION OF ANY HARP OR HAWSP IMPROVEMENT ASSESSMENT DISTRICT AND THE COST OF HARP OR HAWSP ACTIVITIES ALONG SUCH PROPERTIES WILL NOT BE BORN BY THE OWNERS IN THE DISTRICT.

Discussion included noting that it is important that the land be included in the district and that when included in the district the costs/assessments are then known and those costs, if exempted, are paid by the program and not the rest of the property owners in the district.

The primary amendment 2. was withdrawn by consensus of the entire body.

STARK/NOVAK - MOVED TO AMEND THE BE IT FURTHER RESOLVED TO TAKE OUT THE WORD "NOT".

There was no discussion.

VOTE: (primary amendment 3.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

NOW READS: BE IT FURTHER RESOLVED, that land exempted under this provision shall[ not] be included in the formation of any HARP or HAWSP Improvement/Assessment District; and

Discussion continued regarding whether or not the City is subsidizing the exempted lots. It was noted that the exempted property would be exempted for the good of all and then all would be paying for it. When the program pays for the exemption that is paid by all who contributed to the program and for the good of all.

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

NO: WYTHE.

Motion carried.

F. Consent Agenda Item F. Resolution 05-47, Of the City Council of Homer, Alaska Awarding a Professional Services Contract for Design and Construction Inspection to the firm of William J. Nelson and Associates of Kenai, Alaska in the Amount of $81,908.00 for the Spruceview and West Noview Road Reconstruction and Paving Homer Accelerated Roads Program Project and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. City Clerk. Fiscal Note: Homer Accelerated Roads Program (HARP) Funds and Property Owner Assessments. Spruceview Budget adopted via Ordinance 04-44, September 28, 2004: HARP Spruceview Avenue Road Reconstruction and Paving Project $400.000.00 Project Account Number 160-766. Recommend adoption.

Memorandum 05-72, from Public Works as backup.

HEIMBUCH/YOURKOWSKI - MOVED TO ADOPT RESOLUTION 05-47 BY READING OF TITLE.

City Manager Wrede responded to Council that staff is considering putting out an RFP for future contracts of this nature. He noted that the Public Works Director, Carey Meyer, was qualified to conduct these services and that he did not have the time to do so.

Council suggested that consideration be given to hiring an employee that could conduct these services since it may be more economical.

Councilmember Stark pointed out that this is not a year round job.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

G. Consent Agenda Item E. Resolution 05-45, Of the Homer City Council Requesting a Right of Way Use Agreement with the Alaska Department of Transportation and Public Facilities (ADOT &PF) for Additional Spit Trail Parking at the Base of the Spit. Novak. Recommend adoption.

WYTHE/NOVAK - MOVED FOR THE ACCEPTANCE OF RESOLUTION 05-45 BY READING OF TITLE.

Concern was expressed about there being no fiscal note and that there will be a cost. This is a difficult pedestrian crossing area. The fiscal note would be known during the agreement process. This was discussed during the Land Allocation Plan worksession. The City owns Government Lot 13 and this may be the best place to put the parking on the south east corner since it is directly adjacent to the trail and eliminates the need to cross Kachemak Drive or the Homer Spit Road. It was noted that Former City Manager Drathman had proposed moving the bike trail on Ocean Drive to the other side of the road so that it is on the Spit Trail side, doing the same for the trail in the Beluga Lake area, getting a hold of the old gas station beneath the airport runway and having increased parking there, which is considered the ultimate solution.

VOTE: YES: NOVAK, YOURKOWSKI.

NO: STARK, HEIMBUCH, McLAY, WYTHE.

Motion failed.

Councilmember Stark asked if the City Manager could pursue this matter; to come to a solution to this problem, to consider: Either buy the gas station - a very expensive piece of property or spend the money for fill on Government Lot 13, already owned by the City.

There were no objections by the Mayor or Council.

COMMENTS OF THE AUDIENCE

Audience comments upon any matter.

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 comment.

COMMENTS OF THE CITY MANAGER

City Manager Wrede had no comment.

COMMENTS OF THE MAYOR

Mayor Hornaday had no comment.

COMMENTS OF THE CITY COUNCIL

Councilmember Stark reported on meeting with float plane pilots, noise over the City, and flight patterns over the City. He advised that they were very cooperative and were exploring some solutions dealing with the flight service station and maybe a notification in the Alaska Supplement. He noted that most of the noise is from air craft not based in Homer.

Councilmember Heimbuch stated, "Oh, what fun, three tie votes tonight and I've done what I came here to do."

Councilmember McLay, in response to Councilmember Stark, suggested that the City could back up noting that the causeway was put in there to develop a water source for CAA and when it got as big as it did it became a Seaplane base. The water is not needed anymore, so the causeway could come out and the float planes would go away. Council will hear a lot of screaming and hollering, because they were here first.

Councilmember Wythe stated that she would be interested in serving on the Committee for Economic Review.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 9:34 p.m The next regular meeting is scheduled for Monday, May 9, 2005 at 7 p.m. The next Committee of the Whole is scheduled for Monday, May 9, 2005 at 4 p.m. A worksession is scheduled for May 10, 2005 at 10 a.m. with Mayor Bagley on the South Peninsula Hospital land and expansion issues. All meeting 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: _________________________