Session 05-22, a Regular Meeting of the Homer City Council was called to order at 7:15 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, YOURKOWSKI.

STAFF: CITY ATTORNEY TANS

CITY CLERK CALHOUN

CITY MANAGER WREDE

PUBLIC WORKS DIRECTOR MEYER

ABSENT: COUNCILMEMBER: WYTHE (excused)

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

Council met as a Committee of the Whole from 4:04 p.m. to 4:13 p.m. regarding the Regular Meeting Agenda items.

A Special Meeting was held at 5:30 p.m. for Board of Adjustment Hearings, recessed at 7:08 p.m. until after the Regular Meeting

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: Consent Agenda, Ordinance 05-41, Additional Information for Elected Official PERS Participation.;Announcements/Presentations/Borough Report/Commission Reports Add - In Memoriam of Jay Hammond and Mayoral Proclamation, Pratt Museum Day, August 10, 2005.

The City Clerk noted that the recommendation under Emergency Ordinance 05-40 should read, recommend adoption.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public Comments upon any matter on the agenda except PUBLIC HEARING item, Ordinance 05-38, $5,000.00 matching Grant for the Fire Department.

John Velsko, City resident, addressed the Council regarding Emergency Ordinance 05-40, the purchase of five acres, and noted that there is no road access for a parcel that is going to cost the City over $63,000.00. He noted that the parcel is surrounded by extensive acreage that is already under conservation covenants, pretty restrictive about development, and is subject to the City's watershed protection plan. He pointed out that the five acres does not adjoin any existing City property and is quite a ways from the water in the reservoir. He commented that based on rumors that Realtors have received numerous offers on this property the City is proposing to pay top dollar for land that will probably be useless to the citizens of Homer. He acknowledged that there are some vague plans about maybe trading this for some other more desirable land next to the water tanks. In addition, he continued, if the City buys this it comes off the tax rolls, even though it is a small amount of money it still has to be made up by the other tax payers. He suggested tabling this until more information can be obtained about the asking price of the parcel of land that actually adjoins the City land near the water tanks, that also adjoins Skyline Drive and that would be easier to develop should the City need to expand the current water facilities. He asserted that it just makes more sense to buy the land, even if a little more expensive, that is already on the road and already adjoins the water tank land. He told the Council that he does not see where there is any emergency and that the City staff and volunteers have spent considerable time developing the Bridge Creek Watershed Protection Plan, which addresses development around the reservoir and he encouraged faith in this work. He told the Council that the sky will not fall if Homer does not buy this five acres. He expressed his personal thought that the City buying land does have some validity, but not little parcels of land in the middle of nowhere. He suggested that if the Council wants to protect habitat and the reservoir then Council should save money to purchase some big parcels that are adjoining to other parcels that the City owns to actually do some good. He thanked the Council.

Frank Griswold voiced a personal problem with some of the stuff in the July 25th minutes, adding that he expressed his concerns in two letters to the Clerk, which he faxed on August 1st. He noted that these were not in the packet, that he brought these letters into the Clerk's Office this morning and that these were not in the supplemental packet and not as a lay down. He said that he would rather not read these again, but if Council would like him to, he will. He voiced his hope that his comments would be accurately reflected, as he requested in his letters. He said that the minutes say he is talking about some businesses that were cited as being "there" since 1982 and that he had no idea and that he did not know of any businesses over "there". He told the Council that his comments were totally scrambled. He asked that his comments and Dorothy Melambianakis' comments be put in verbatim. He also asked for the Mayor's comment on that vote about Ordinance 05-33 to be added. According to Mr. Griswold, the Mayor made some comment after he broke the tie that indicated, to Mr. Griswold, that the Mayor was not aware of what he was even voting on. Mr. Griswold said that he does not think that the City Clerk has the right or the responsibility to sanitize the record in this way and voiced his hope that the Council would take all of his requests from his two letters and adopt them into the approved minutes. He thanked the Council.

Debra Spencer identified herself as the Steward of the Seward Meridian, legally, and advised that today she is submitting evidence for the Council meeting to be made available to all public members with the minutes: a) Special and Regular Meetings - the government is for the people, by the people and about the people and the people have a right to be aware of all decision making processes and policy making actions. Secret meetings are un American and are aiding in the failure to protect children. Ethical commitments that support equality and rights to freedom for all, have been bypassed and undermined without any legal authority to do so. b)Ordinance 05-40, $63,500.00 for the Land Fund originally established in 1964, assuming the conversion from the interest to prime. Recent actions have used unauthorized practices to dissolve crime to a Calcutta season. She inquired where the City money comes from? Interest land, OT, Special Projects, land reserves, reserve accounts? How was the funding appropriated in 1964 and why does the City Council have any say in the transfer of inheritance funds, trust money, stock properties, et cetera? Where has all the sewer and water project funding gone for about fifty communities? She claimed eminent domain on the record so that when the Mastoliers come after her that at least she spoke up and defended her life, liberty, property, neighbors, community, soldiers and children, in the world and the universe. She advised the Council that she represents the federal interest as the Steward of the Seward Meridian with a trusted position that should be receiving pay and back pay that was granted by President Roosevelt, almost 100 years ago. She protested any manipulations of bylaws, since this is the people's only protection and that no amendment shall be afforded. She claimed, as a Kachemak South Peninsula Emergency Boardmember and owner, tax payer and trustor and asked the Council to please explain where the $7 million in general CIP/projects got allocated in Homer's appropriations by functions. She commented on the Homer Chamber of Commerce $15,000.00 for marketing services and queried as to what marketing services. She commented on the vacation of plat HM 88-16 that this is a reference to land that belongs to and is of land ownership to herself, who legally must defend the land against disruptive.....

The Mayor thanked her for her comments, noting that her time was up.

She stated that DOT has stolen all of her money and they have plenty of money.

The Mayor suggested that she submit further comments in writing, which she said that she would do.

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 July 25, 2005 Special and Regular Meetings. City Clerk. Recommend approval.

B. Emergency Ordinance 05-40, Of the City Council of Homer, Alaska, Appropriating $63,500.00 from the Land Fund to Purchase 5.93 Acres in the Bridge Creek Watershed and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue - Land Fund Acct. 150.392 has $67,373.00 available Expenditure Acct, 150.392. Bridge Creek Watershed Land Acquisition, $63,500.00 plus any closing costs. Recommend adoption.

Memorandum 05-129, from City Manager as backup.

Councilmember Stark requested, while the Mayor was reading the Consent Agenda, that this be placed under Ordinances as Item A.

C Ordinance 05-41, Of the City of Homer Amending Homer City Code Section 1.24.040, Bylaws for Council Procedure, (m) Salaries of Elected Officials, to Prohibit the City from Spending Supporting Payments in Public Employees Retirement System for Elected Officials. Stark. Fiscal Note: Saves the City at least $100,000.00. (Recommend Introduction and First Reading, conduct Public Hearing and Second Reading August 22, 2005.)

Memorandum 05-130, from Councilmember Novak, Re: Who is on PERS? Who is not on PERS? and Why not?

Additional Information from Personnel Officer.

Memorandum 05-131, from Personnel Officer.

Memorandum 05-132, from Finance Director, Re: Actual Fiscal Impact.

Placed under Ordinances as Item B. at the request of Councilmember Novak just after the motion was made and just prior to the second.

D. Ordinance 05-42, Of the City Council of Homer, Alaska, Amending Homer City Code Section 9.04.046, Real and Personal Property Tax -- Exemption, to Provide for the First $20,000.00 of Assessed Valuation on Owner-Occupied Permanent Residential Property to be Exempt from City Real Property Tax. Yourkowski. Fiscal Note: 809 Properties applied for a Borough Exemption in 2005. 809 multiplied by $20,000.00 equals $16,180,000.00 in exempt property. $16,180,000 multiplied by the City's mill rate - 4.5 mills equals $72,810.00 in reduced City property tax revenue.(Recommend Introduction and First Reading, conduct Public Hearing August 22, 2005 and Second Reading September 12, 2005.)

E. Resolution 05-84, Of the City Council Approving Payment of a Homer Chamber of Commerce Invoice for Marketing Services in the Amount of $15,000. Fiscal Note: $15,000.00 Budgeted. City Manager. Recommend adoption.

F. Memorandum 05-133, from Mayor, Re: Requesting the Parks and Recreation Commission to Consider a Tree Steward Committee and to Report Back to the Council at the August 22nd Regular Meeting. Recommend approval.

G. Memorandum 05-134, from Mayor, Re: Permanent Fund Committee and Appointments Recommend confirmation.

H. Memorandum 05-135, from City Clerk, Re: Vacation of the public Right of Way within the west 15 feet of Lot 3 and the 30 foot Right of Way easement centered on the line common to Lots 3 and 4 and the Right of Way easement within the north 15 feet of Lot 5 of John B. Fenger Subdivision (Plat HM 63-884) within Section 22, Township 6 South, Range 13West, Seward Meridian, Alaska; The City of Homer and Within the Kenai Peninsula Borough; KPB File 2005-156. Recommend non veto.

I. Memorandum 05-136, from City Clerk, Re: Vacation of a portion of the north/south 33 foot section line easement along the east boundary of Section 24 lying within Tract B. Lillian Walli Estate (Plat HM 88-16), Township 6 South, Range 14 West, Seward Meridian, Alaska; The City of Homer and Within the Kenai Peninsula Borough; KPB File 2002-161. Location: City of Homer. Recommend non veto.

STARK/HEIMBUCH - MOVED FOR THE ADOPTION AND/OR APPROVAL OF THE RECOMMENDATIONS OF THE CONSENT AGENDA AS READ AND AMENDED.

Councilmember Novak requested that Ordinance 05-41, with memoranda, be placed under Ordinances as Item B.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

None scheduled.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. Mayoral Proclamation, In Memoriam of Drew Scalzi.

Mayor Hornaday commented that there as a very moving service for Drew.

B. Memorandum 05-137, from Parks and Rec. Commission, Re: Adopt a Bench Program.

C. In Memoriam of Jay Hammond

Mayor Hornaday thanked the City Manager's wife, Mary, for taking the plaque to the Hammonds.

D. Mayoral Proclamation, Pratt Museum Day, August 10, 2005

PUBLIC HEARING(S)

A. Ordinance 05-38, Of the Homer City Council Accepting and Appropriating a $5,000.00 Matching Grant for Volunteer Fire Assistance from the State Department of Natural Resources for the Homer Volunteer Fire Department and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue and Expenditure Account 151-736, Small Fire Department Grants. Match is budgeted "in-kind" services. (First Reading July 25, 2005, Public Hearing and Second Reading August 8, 2005.)

Debra Spencer testified that it appears that fires, destruction of land, endangering peoples lives on purpose, paying people's insurance for free who come out of jail and allowing that insurance to continue once these people no longer work for DNR. She voiced her hope that all can work together to change this. She reported that she was told two days ago that there is a fire planned for across the Bay. She voiced her thought that it is the Council and hers and everybody else's responsibility to protect the earth, all people and nature. She noted that the animals did have a right before people did. She stated that they should not have any more money to destroy anything.

HEIMBUCH/McLAY - SO MOVED. TO ADOPT ORDINANCE 05-38 BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

ORDINANCE(S)

A. Consent Agenda item B. Emergency Ordinance 05-40, Of the City Council of Homer, Alaska, Appropriating $63,500.00 from the Land Fund to Purchase 5.93 Acres in the Bridge Creek Watershed and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue - Land Fund Acct. 150.392 has $67,373.00 available Expenditure Acct, 150.392. Bridge Creek Watershed Land Acquisition, $63,500.00 plus any closing costs. Recommend adoption.

Memorandum 05-129, from City Manager as backup.

STARK/YOURKOWSKI - MOVED TO ADOPT ORDINANCE 05-40 BY READING OF TITLE AS AMENDED. (Amendment referring to the change on recommendation from introduction, public hearing and second reading to Recommend adoption.)

There was discussion on whether or not this really constitutes an emergency. It is in Ordinance form due to the appropriation. The purchase of the land could have been done by Resolution.

City Manager Wrede apprized the Council of the need to move forward expeditiously and out of respect for the seller, if Council is in favor of this land purchase, since there is other interest in this land. He reported that he did not have to put any earnest money down and that the property owner is currently in town and awaiting the City's decision and that sales agreements have been traded.

City Attorney Tans, in response to Council inquiry, said that the purchase of land may be done by Resolution, concurred that the appropriation needed to be done by Ordinance and noted the findings in the Ordinance for the emergency. It is up to the Council to decide if the findings qualify this as an emergency.

City Manager Wrede suggested that the Council could always use this land for trade of other land. He noted that purchase of land in the Bridge Creek Watershed area has been on the City CIP list, and in the Comprehensive Plan. In response to Council, he concurred that a lot of protection can be done through zoning; however, purchasing the land is an extra layer of protection.

Council discussed placing additional covenants on the property and then selling it. There is also the option of trading for property closer to the water treatment plant. There was some opposition to purchasing the property to just hold it.

City Manager Wrede voiced sensitivity to the process and that if Council decides they should conduct a public hearing first that he will contact the owner and do an earnest money agreement. Mr. Wrede noted that the owner may or may not continue to hold this property for the City. He noted that the property owner has held this property for quite a while already and that he is just following through with the commitment to try to get him an answer quickly.

Council discussion ensued with the note that the Council has discussed wanting to purchase land in the watershed area to protect the City's water supply. It is a good move to purchase this land. There were more comments on whether or not this should be an emergency. The City Manager could relay to the owner that it is apparent that the Council intends to purchase this land and fourteen days is not an inordinate amount of time.

STARK/HEIMBUCH - MOVED THAT WE AMEND THE ORDINANCE BACK TO THE WAY IT WAS ORIGINALLY STRUCTURED IN THE PACKET FROM BEING AN EMERGENCY ORDINANCE AND HAVE THE PUBLIC HEARING IN TWO WEEKS AND THE SECOND READING AT THAT TIME.

There was no discussion.

VOTE:(primary amendment1.) YES: STARK, HEIMBUCH.

NO: YOURKOWSKI, NOVAK, HEIMBUCH.

Motion failed.

There was no discussion.

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

NO: STARK.

Motion carried.

B. Consent Agenda Item C. Ordinance 05-41, Of the City of Homer Amending Homer City Code Section 1.24.040, Bylaws for Council Procedure, (m) Salaries of Elected Officials, to Prohibit the City from Spending Supporting Payments in Public Employees Retirement System for Elected Officials. Stark. Fiscal Note: Saves the City at least $100,000.00. (Recommend Introduction and First Reading, conduct Public Hearing and Second Reading August 22, 2005.)

Memorandum 05-130, from Councilmember Novak, Re: Who is on PERS? Who is not on PERS? and Why not?

Additional Information from Personnel Officer.

Memorandum 05-131, from Personnel Officer.

Memorandum 05-132, from Finance Director, Re: Actual Fiscal Impact.

STARK/McLAY - MOVED FOR THE ADOPTION OF ORDINANCE 05-41 BY READING OF TITLE.

Discussion was pro and con and there were suggestions about increasing stipends. Concerns were expressed about the long range financial impacts to the City. Council currently is paid $50 per month for reimbursements and having a small retirement package after serving five years may be appropriate. It was noted that currently there is a Tier III in PERS and after the next election those new members will be Tier IV, essentially not an issue since it will be a defined benefit program. After serving for five years and at the age of 60 years an person may apply go get the retirement benefits and this comes out to about $125 per month, or about $30,000.00 if one is lucky enough to live for twenty years. If the PERS program is deleted, Council should consider increasing the stipend to $500.00 a month for the Mayor and Councilmembers. Another problem with the PERS for Mayor and Council is that some people are getting a big bennie and some are not. The biggest problem is that the public has no idea that certain members of the Council are getting a bennie of $500.00 in addition to their $50.00 a month and that the rest of the Council is getting $50.00 a month. The savings with the adoption of this Ordinance, since the City pays this pension, would be in excess of $100,000.00. The financial liability to City and to the State were emphasized. There is a difference in an employee and a Councilmember drawing PERS retirement. Council would be drawing a payment that is two and one half times what they are currently receiving as a stipend for expenditures, not a salary. Council are servants of the voters. Discussion ensued.

VOTE: YES: McLAY, STARK, HEIMBUCH.

NO: YOURKOWSKI, NOVAK.

Motion failed.

CITY MANAGER'S REPORT

A. City Manager's Report (Updates and follow up: Deep Water Dock, Tsunami Warning Sirens, Hospital Lease ongoing negotiations, Overhead Power Lines working with HEA Officials and City Cost to put the newest Sterling Highway line underground is about $10,000.00, Sterling Highway and Lake Street Intersection, Dead trees and Bridge Creek Reservoir area, Community and Economic Impact Standards Task Force, Kachemak Emergency Services Area (KESA) Contract, Chamber Economic Development Committee, Homer Intersection Planning Study, Conference Center Feasibility Steering Committee, Library Advisory Board (LAB) and Library Funding, Jack Gist Park, Bartlett and Hohe Street Power Lines requested by City to be underground; August Employee Anniversaries: Russell Cheney PWD 22 years, Steve Dean P/H 17 years, Bonnie Judge P/H 15 years, Dan Gardner PWD 14 y ears, Kathleen Pankratz, Library 11 years, Carey Meyer PWD 6 years, Roger Cornett HPD 3 years and Bob Kosiorek PWD 3 years; Letter to Governor Murkowski from Mayor regarding Small Town Mayor meeting; Letter to Mayor from Department of Fish and Game regarding Garbage and Bears.

The $2 million appropriation from the federal government was mentioned and the Mayor and City Manager were both commended for their work to secure this funding.

HEIMBUCH/ - MOVED TO RECONSIDER. (Ordinance 05-41)

It was noted that he did not vote on the prevailing side and therefore may not give notice of reconsideration or move to reconsider.

Discussion continued on the City Manager's report. The City Manager responded to Council inquiry that he can ask about reimbursing the general fund for corrosion protection, noting that there are no strings attached to these funds. He advised that he was hoping to use the money for a more detailed engineering work to develop the Deep Water Dock Project. He noted that the corrosion retro fit protection project is being done now.

City Manager was thanked for his good report.

COMMITTEE REPORT

A. Road Standards Committee (Met July 26th at 5:30 p.m.)

Councilmember Yourkowski noted that he would make the Committee comments under Resolution 05-87.

B. Public Arts Committee. (August 24th at 11 a.m.)

C. Conference Center Feasibility Study Steering Committee. (Met July 26th at 4 p.m.)

D. Community and Economic Impact Standards Task Force. (Meeting notes from July 25th and Meeting scheduled for Monday, 3 p.m. August 8th.)

Councilmember Stark noted that the Community and Economic Impact Standards Task Force has completed their work and asked to be discharged.

PENDING BUSINESS

NEW BUSINESS

RESOLUTIONS

A. Resolution 05-85, Of the City Council Accepting and Adopting the Final Report of the Community and Economic Impact Standards Task Force, Declaring the Work of the Task Force to be Complete, and Disbanding the Task Force. Stark. Novak.

Memorandum 05-138, from Chair Stark as backup.

STARK/NOVAK - MOVED FOR THE ADOPTION OF RESOLUTION 05-85 BY READING OF TITLE.

There was discussion about the following amendment.

At the request of the City Clerk the Mayor called for a break at 8:08 p.m., reconvening the meeting at 8:11 p.m.

NOVAK/YOURKOWSKI - MOVED TO AMEND THE MEMORANDUM 05-138 NUMBER THREE AND REPLACE IN ENTIRETY WITH 3. THE TASK FORCE RECOMMENDS THAT THE COUNCIL DIRECT THE CITY MANAGER TO PROVIDE THE PLANNING COMMISSION WITH A PROGRESS REPORT INCLUDING RECOMMENDATIONS FOR CODE CHANGES, IF NECESSARY, AFTER THE FIRST PERMITTING PROCESS UNDER THE NEW STANDARDS IS COMPLETED. THE TASK FORCE RECOMMENDS FURTHER THAT THE PLANNING COMMISSION BE REQUESTED TO SUBMIT ITS RECOMMENDATIONS TO THE COUNCIL AFTER A THOROUGH REVIEW OF THE REPORT.

There was no discussion.

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

Motion carried.

Recommendations:

1. Sections 21.61.105 (f) and 21.61.105 (L) (2) of the Municipal Code should not be amended at this time. The Task Force recommends that the City wait to see how these sections of the code actually work in practice before contemplating changes.

2. The Task Force recommends that the Council direct the City Manager to properly format and insert the policy recommendations contained herein into a draft amendment to the Planning Commission Policies and Procedures Manual, provide the proposed amendment to the Manual to the Planning Commission for review, and submit the Commission's recommendations to the Council for final approval.

[3. The Task Force recommends that the Council ask the City Manager to provide it with a progress report no later than August 8, 2006 which describes how the Community and Economic Impacts Standards are working in practice. The report should include any identified problem areas and suggested fixes.]

3. The Task Force recommends that the Council direct the City Manager to provide the Planning Commission with a progress report including recommendations for Code changes, if necessary, after the first permitting process under the new standards is completed. The Task Force recommends further that the Planning Commission be requested to submit its recommendations to the Council after a thorough review of the report.

4. The Task Force considers its work to be complete and recommends that the City Council terminate it.

There was no discussion.

Mayor Hornaday recognized an informal call for the question.

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

Motion carried.

Mayor called for a break at 8:08 p.m., reconvening the meeting at 8:11 p.m.

B. Resolution 05-86, Of the City Council of Homer, Alaska, Accepting and Adopting the Conference Center Feasibility Study Steering Committee's Recommendations to Encourage Construction of a Conference Center in Homer. Novak, Wythe. City Manager.

Memorandum 05-139, from Chair Novak as backup.

NOVAK/STARK - MOVED FOR THE ADOPTION OF RESOLUTION 05-86 BY READING OF TITLE.

It was noted that the basic report was that a Conference Center was not cost effective. There are questions that there are not answers for, such as a City Hall with the Conference Center in the Town Center. The report should be accepted but not that a Conference Center should be built in the near future. There are some approaches to take and that this work should be kept active in the files as a potential possibility for the future and in connection. There was objection to the verbiage "encourage to construct" a conference center, and discussion ensued on that. There was concurrence that this should not die, although here and now is not the time to construct this facility.

Heimbuch/McLAY - MOVED TO TABLE THIS RESOLUTION.

There is no discussion on a motion of this nature.

VOTE: (to lay on the table) YES: HEIMBUCH, McLAY.

NO: YOURKOWSKI, STARK, NOVAK.

Motion failed.

There was no discussion.

YOURKOWSKI/NOVAK - LIKE TO MAKE AN AMENDMENT TO CHANGE THE WORD "ENCOURAGE" IN THE RESOLUTION TITLE TO "FURTHER CONSIDER" AND ALSO THAT WOULD CHANGE IN THE FIRST THEREFORE BE IT FURTHER RESOLVED, THAT WORD "ENCOURAGED" BE CHANGED TO "FURTHER CONSIDER".

It was noted that this better reflects the concerns of the Council, that the Conference Center will not be built right away, but will be considered carefully.

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

Motion carried.

There was no further discussion.

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

Motion carried.

C. Resolution 05-87, Of the Homer City Council Accepting the State of Alaska, Department of Transportation, Draft Homer Intersections Planning Study, Recommending a Traffic Light at the Lake Street and Sterling Highway Intersection as a Temporary Measure, and Requesting that the Department of Transportation Pursue Funding for Two Intersection Projects to Implement the Plan. Yourkowski. City Manager.

Memorandum 05-140, from Chair Marquardt, as backup.

HEIMBUCH/STARK - SO MOVED FOR THE ADOPTION OF RESOLUTION 05-87 BY READING OF TITLE ONLY.

Councilmember Yourkowski reported that this matter is a result of the Road Standards Committee Meeting, that they had a great talk with the DOT Representative Scott Thomas, and also during the Council meeting last month. Mr. Yourkowski reported that they talked to him at length about round abouts and that he assured them these would be designed to accommodate any trucks. He noted that the traffic light is included and that they were very worried about installing just one traffic light and the effect this would have on the rest of the Sterling Highway, backing up traffic into Ben Walters or wherever. He stated that the objective is to keep traffic moving effectively and safely and that they just wanted to make sure that it was understood the importance of the word "temporary" with regard to the signal light. He advised that they agree with DOT that a comprehensive solution is needed. He voiced his hope that the Council would approve this.

Councilmember Heimbuch noted Chair Marquardt's comments that, in spite of research showing that roundabouts work, there is overwhelming public testimony, at this point, against roundabouts.

He noted that the professionals say roundabouts are good and yet that the people don't want them.

STARK/McLAY - MOVED TO AMEND THE RESOLUTION AND EVERYTHING ELSE TO CHANGE THE WORDS TRAFFIC LIGHT AND STOP LIGHT TO TRAFFIC SIGNAL.

Councilmember Stark commented on the traffic light or stop light at the Lake Street and Pioneer Avenue intersection, that he does not think that this is what Council wants and that a traffic signal is the desired light and that he wants to clarify that in the Resolution.

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

Motion carried.

Councilmember Stark voiced agreement that roundabouts are a problem, that they start out with two lanes and used the one at Dowling and the New Seward Highway as an example of problems. He voiced his opinion that the traffic will slow to 15 mph to go around the roundabout and that there will be a backup mess. He noted that the concern is to get a traffic signal in ASAP and voiced appreciation for the City Manager working on the traffic signal.

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

Motion carried.

COMMENTS OF THE AUDIENCE

Debra Spencer commented on Lisa Murkowski's suggestion and Brownsville Assessment and Cleanup Property Agreement. She read a land patent granting land from the United States to Debra Spencer, which is a lot of land. She stated that she would like to recall all lands around all waters, and throughout the world, if she has to, to get it clean. She read another document granting something to her and heirs and assignees forever for water rights, mining and agricultural, ditches, reservoirs, right of ways for ditches and canals etcetera... in an Act of March 8, 1922, Statute 4.2.450 and so on for right of ways for railroads, telegraph and telephone lines in accordance with an Act of March 2, 1914, 38 Statute 305. She noted that there are three reservations and three rights held by the United States of America. The land is the sole responsibility of the patentee, heirs or their assigns which currently are herself. She thanked the Council.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans had no comment.

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 advised that he attended the services for Drew Scalzi, that the City Clerk prepared a very nice plaque, that he will also be presenting a plaque to the Pratt Museum for the 50 year celebration and that he also attended a memorial service for Bob Palmer, on behalf of the City, in Ninilchik. He share a little humor about Governor Hammond, who had appointed him to the bench when Bob Palmer was his chief of staff. The Mayor noted that Mr. Palmer had advised him that the Governor had appointed him to the bench. He said that the last time he saw Governor Hammond he apologized to him for doing that to him.

COMMENTS OF THE CITY COUNCIL

Councilmember Stark noted that he mentioned at the meeting a couple of times ago that he was going to pursue the PERS issue and that he just wants to reiterate that he will and that he has about three different things that can be done in ascending order of effort, the last one being a referendum. He stated that he would rather do it the easy way, but will do it any way that it takes to get it done.

ADJOURNMENT

There being no further business to come before the Council, Mayor Hornaday adjourned the meeting at 8: 35 p.m. The next Regular Meeting is scheduled for Monday, August 22, 2005 at 7 p.m. and the next Committee of the Whole is scheduled for Monday, August 22, 2005 at 4 p.m. All meetings scheduled to be held in the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska. The Special Meeting will reconvene after the Regular Meeting.

_____________________________________________

MARY L. CALHOUN, CMC, CITY CLERK

APPROVED: _____________________________