Session 07-32 a Regular Meeting of the Homer City Council was called to order at 7:02 p.m. on December 10, 2007 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: CHESLEY, HEIMBUCH, NOVAK, ROBERTS, SHADLE (telephonic partial meeting), WYTHE

STAFF: CITY MANAGER WREDE

CITY CLERK JOHNSON

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

Councilmember Shadle has requested excusal; he may participate by telephone at 8:00 p.m.

Council met as a Committee of the Whole from 4:14 to 5:32 p.m. regarding 2008 Budget and met for a Special Meeting from 5:42 to 6:32 p.m. for an overview of the 10% conceptual design of City Hall Town Square.

AGENDA APPROVAL

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

Amendments included: Consent Agenda – Resolution 07-113 amendment to Port and Harbor Advisory Commission July meeting date; Ordinances – Ordinance 07-42 Proposed Budget Amendments; and Resolutions – Resolution 07-106 – written public comment.

The agenda as amended was approved by consensus of the City Council.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Travis Dosser supports the Climate Action Plan (CAP) for energy savings to include lighting, fuel, and solar energy. The CAP will save money in the long run.

Crystal Dosser supports the CAP, stating the need to implement the technology. Homer is a small community and has a small impact. Homer needs to be a role model by passing and implementing the CAP.

Ernie Suoza, city resident, supports the Senior Center and a City contribution of $20,000. The current operating budget is over $2 M. Leveraging grants requires local support.

Roberta Highland, city resident and representing the Kachemak Bay Conservation Society, appreciates the GWTF (Global Warming Task Force) for time spent on the CAP. The plan will decrease pollution and waste and save money. Hiring someone with expertise or contracting an individual for 3 to 6 months will help implement the plan.

Carmen Field, local naturalist and educator, urged Council to adopt and fund a position to implement the CAP. Having worked in the Antarctica for 20 years, she has witnessed glaciers melting away and the decline of penguin colonies. She organized and guided scientists and religious leaders to Ground Tooth Climate Change in Alaska. People in coastal communities are raising monies to move their communities due to changes in sea, land and food. Climate change is an ethical and cultural issue; it is the community’s responsibility to do something to mitigate and adapt to the changes.

Elizabeth Kandror, Homer area resident, voiced approval of adopting the CAP. Homer will be an eco friendly community, a new generation of the future and will be less dependent on oil.

Gert Seekins, Homer resident and representing Senior Citizens, voiced the need for $20,000 for operating expenses for 2008. A commitment from City Council for funding will be a big plus in acquiring other funds. In 2006 the senior population was 45,500, in 2020 it is expected to be 98,000 or a 117 % increase for seniors by 2020. Homer is the choice most seniors want to live in.

Kyra Wagner, city resident, expressed excitement about the proposal from the anonymous donor of $40,000. It is an amazing show of support from the business community and a huge step for little sustainable Homer.

Olia Basargin, Razdolna resident, favors the CAP. When her 14 year-old brother rushed home saying the polar ice caps are melting and there is nothing that can be done, she started thinking. There is something that can be done and she is excited to see what will be implemented.

Brant Brockschmidt-Apiki, city resident, urged Council support of the CAP. There are a lot of RV’s that come to Homer. They are the worst gas guzzling land transportation. The CAP will encourage hybrid RV’s. Snowboarding helped him get off drugs.

Jack Lentfer, city resident, commended the Mayor for initiating the GWTF. The CAP provides recommendations to adapt to global warming changes. He urged Council to adopt the plan tonight.

Emily Kizzia, city resident, urged Council to adopt the CAP. It is a huge issue and a great opportunity to set a precedent for other communities.

Karen Corbell, Homer resident since 1981, told Council they have the power to make the CAP happen. It is an ethical and cultural issue; our children being affected more than ourselves. It is our duty to start the change.

DeWaine Tollefsrud, city resident, told a friend in the Lower 48 about the GWTF and his friend said it was nice to have a liberal mayor. It is not an issue of liberal, conservative or decisive. We are all sharing the plant and proud to be part of it. He urged Council to implement as much of the CAP as they can.

Ken Satre, city resident, supports Resolution 07-118. He asked Council to consider a 100% tax exemption for the hockey rink, as the help is needed. He thanked Council for past support and consideration.

Mike Wurburton, city resident, supports Resolution 07-118. Hotel owners have been donating 25% of their income to the rink when hockey teams come to town.

Debbie Tobin, Fritz Creek resident and biology professor, asked Council to adopt the CAP. She supports the ice rink and senior center. She read a letter from her students who are willing to do their part to combat global climate change.

Joel Cooper, Homer area resident, supports the CAP and the funding of a position. He asked Council to consider the benefits of protecting a valuable resource, along with money savings. Clean air and water are necessities of life and necessary for the land and sea.

Jon Faulkner, city resident and owner of Land’s End Resort, supports Resolution 07-118. He is a hockey fan and significant taxpayer. He encouraged the Borough to match the City. Local hotels donated $10,000 to the ice rink last year. There is a substantial economic impact with the hockey rink in Homer.

Elizabeth Wolf, Homer resident, commented on the ice rink as a wonderful place for kids and parents. She supports the CAP, stating children can be shown tools or challenges by the community. If they leave the community they can take the philosophy with them.

Inez Dunn, Fritz creek resident, supports the CAP and thanked the GWTF as the leaders and diplomats in revising Homer to going green. She would like the City to implement the program to conserve within its own walls and implement the model into every building in this great community.

Clinton Edminster, city resident, commented on the movie Eleventh Hour and the Mayor’s conference in Girdwood as informative and positive. He urged Council to support the CAP. Miniscule things add up and cause people to do bigger things; people will think environmentally.

The Homer High School is reducing energy consumption by using sugar fiber plates.

Donna Maltz, city resident, has no doubt the plan will be implemented; if the plan is implemented before the end of the year a generous donor is providing $40,000 for the position. Without tools in the document, a professional person is needed that will help earn ten fold. With CAP approval, grant funding is astronomical.

Katy McNary, 8^th grader, sees the world shrinking and is worried. Small steps are needed to make a big difference. She asked Council to pass the CAP.

Sven Nostrum favors the CAP, stating it was our duty to get out and share care.

Kevin Dean, Homer area resident, supports the CAP and a staff person, as it is important for the future.

Nina Faust, Homer resident, supports the CAP and the inclusion of funds to implement the plan. She is proud of the excellent work the GWTF has done. Homer is on the cutting edge of what cities are looking at; if we don’t adopt the CAP it will end up on a shelf. The City will benefit with savings beyond the position. It will bring others to see what Homer is doing as well as green jobs. It will be good to look at our youth and say we did our part to reduce the carbon footprint.

Charlie Gibson, city resident, supports the CAP as a good financial choice.

Dale Banks, GWTF member, recommend supporting the CAP. The anonymous donor did a generous thing as a small business owner. The City should find a sustainable source of funding such as a carbon tax.

Bob Burns, Fritz Creek resident, lives a sustainable lifestyle on a sailboat. He urged Council to adopt the CAP and appoint a coordinator with a background in project management.

Jeff Dean, Homer resident, supports the CAP and ice rink. He saw the GWTF formed and it is exciting taking shape from the top down. There needs to be a lot of people doing it. If everyone changed their holiday lights to LEDs it would heat 200,000 homes per year.

Bill Smith, city resident and Kenai Peninsula Borough Assemblyman, supports the CAP. He thanked Mayor and Council for putting the GWTF together. A sustainability fund could be created and used to implement different parts of the CAP with some of the savings, gifts and donations placed in it to keep the sustainability efforts continuing. On a recent trip to Mexico he starting thinking about the CO2 omitted on his behalf. He looked at purchasing carbon offsets to sink the carbon expended back to the atmosphere. His round trip 6,872 miles = 2,680 lbs. of CO2 with the offset of that $10.67. Mr. Smith presented the City Council a check in the amount of $106.70 (10 x $10.67) to start a sustainability fund.

Will Fine, resident and business owner, supports the CAP. Having moved here from the east coast, Homer is full of leaders, visionaries and creative thinkers. Council has put together the task force and he would hate to see the momentum not continue to grow. He would hate to see it falter, thus recommended Council fund, adopt and support the plan fully. As to risk/reward ratio, risks are miniscule; the rewards are huge.

Kevin Hogan, city resident, thanked Councilmember Heimbuch for bringing up the East Boat Harbor expansion and urged Council to look at it carefully. Pioneer Dock and the Deep Water Dock are not generating much revenue, $58,000 year-to-date. The Fish Dock generates around $800,000 revenue in an 8-month season. A market is needed before building a huge asset. He supports the ice rink. He thanked Finance Director Harville for all her work on the water/sewer rates; he would still like to see work for discussion on cost containment. In regard to Resolution 07-112 extending the contract of the City Attorney, the City has a procurement policy; the resolution is in violation as it is not an emergency contract. There is no time to go out for bid. It should go out for bid and be a staffed position. With the amount of funds the City has expended it could cover a City Attorney and Paralegal, full staff positions of people that live here and leave their money here.

Bob Shavelson, city resident and Executive Director of Cook Inlet Keeper, spoke on behalf of the organization. Having explored environmental issues for the past 25 years, the signs of climate change are now indisputable. The CAP is a dynamic plan that will live and grow. It is an incredible symbol for Homer and its Council.

Maya Rohl, Homer High School freshman, supports the CAP and wants Homer to remain beautiful. She hopes to raise a family in Homer. Working on the Spit during the summers, she sees many tourists viewing glaciers and the wonderful things there are to offer. Once glaciers are melting and animals disappearing it will have a huge impact on Homer.

Morgan Edminster, Homer High School sophomore, spoke on behalf of the students. They are ready to take action against global warming. They are hungry and need to make a change by accepting the CAP.

Heather Beggs, Homer resident, said the non profit leaders that put on environmental education programs see many people that care deeply and passionately about the issues before Council tonight. The budgeting Council is tasked with will go beyond each councilmember’s term of office. She echoed support for the CAP and the position.

Joanna Tornes, city resident, stated the topic of making Homer more walkable and pedestrian friendly has been discussed recently. The Non-Motorized Transportation and Trails Plan has been added to the Comprehensive Plan. It means making the streets narrower and will help global warming with fewer cars on the road and slowing traffic down. Whatever budgeting can be in place for that will be a good thing.

Nell Gustafson supports the CAP and funding the position. Yesterday she read that President Bush said on a national level we need to wait before taking action. Last week she read China would like to be excused because they are a developing nation and didn’t create the problem. If we stop pointing our finger at the big guys and look at our situation, we can make changes to lessen the footprint on the earth. It will help all at the local level to bridge the gap.

RECONSIDERATION

None.

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 November 26, 2007 Special and Regular Meetings. City Clerk. Recommend approval.

B. Ordinance 07-49, Of the City Council of the City of Homer Amending the Official Road Maintenance Map of the City of Homer by Adding 3,080 Linear Feet of Road Improvements to Spruceview Avenue, Noview Avenue and Mullikin Street or .59 Miles of Urban Road. City Manager/Public Works. Recommend Introduction December 10, 2007, conduct Public Hearing and Second Reading on January 14, 2008.

Memorandum 07-189 from Public Works as backup.

C. Resolution 07-113, Of The City Council Of Homer, Alaska, Establishing The 2008 Regular Meeting Schedule for the City Council, Economic Development Advisory Commission, Library Advisory Board, Parks and Recreation Advisory Commission, Advisory Planning Commission, Port and Harbor Advisory Commission, Public Arts Committee, Transportation Advisory Committee and Permanent Fund Committee. City Clerk. Recommend adoption.

Memorandum 07-184 from Permanent Fund Committee, 07-185 from City Planner, 07- 186 from Port and Harbor Advisory Commission and 07-187 from Public Arts Committee as backup.

D. Resolution 07-114, Of the City Council of Homer, Alaska Authorizing the City Manager to Enter into an Agreement with the Kenai Peninsula Borough, on Behalf of the Kachemak Emergency Service Area, to Continue Fire and Emergency Medical Services Under the Existing Contract Agreement Until June 1, 2008, While the Parties Negotiate a New Agreement. City Manager. Recommend adoption.

E. Resolution 07-116, Of the City Council Confirming the City Manager's Appointment of Robert Painter as the Acting City Manager for Calendar Year 2008. City Manager. Recommend adoption.

F. Resolution 07-117, Of the City Council of Homer, Alaska Designating Signatories of City Accounts and Superseding any Previous Resolution so Designating. City Clerk. Recommend adoption.

G. Memorandum 07-188, from Deputy City Clerk, Re: Liquor License Renewal Café Cups. Recommend non objection and approval.

H. Memorandum 07-183, From Mayor, Re: Appointment of Micheal Neece to the Economic Development Advisory Commission and Tori Lentfer to the Parks and Recreation Advisory Commission. Recommend confirmation.

Item C – Resolution 07-113 and Item D – Resolution 07-114 were placed under Resolutions.

NOVAK/ROBERTS – MOVED TO ADOPT THE AMENDED CONSENT AGENDA AS READ.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

A. Homer High School Senior Government Students

Mayor Hornaday welcomed the Homer High School students.

B. Homer Alaska Youth for Environmental Action, 15 minutes

Thorey Munro and Lindsay Olsen gave a presentation on the effects of global warming.

Mayor Hornaday called for a recess at 8:27 p.m. and reconvened the meeting at 8:37 p.m.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

None.

PUBLIC HEARING(S)

Councilmember Shadle joined the meeting by telephone at 8:40 p.m.

A. Ordinance 07-48, Of the City Council of Homer, Alaska Amending the FY 07 Operating Budget by Appropriating $4,066.23 for the City’s Proportionate Share of the Total Cost of Repairs Recently Made to the Seawall by the Property Owners. City Manager. (Recommend First Reading November 26, 2007, Public Hearing and Second Reading December 10, 2007.)

There were no public comments.

Mayor Hornaday called for a motion for the adoption of Ordinance 07-48 by reading of title only for second and final reading.

WYTHE/NOVAK – SO MOVED.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

ORDINANCE(S)

A. Ordinance 07-42, Of the City Council of Homer, Alaska Appropriating Funds for the Calendar Year 2008 for the General Fund, the Water-Sewer Fund, the Port/Harbor Fund, Debt Funds, Capital Reserve Funds (Conditional Expenditures). (Recommend First Reading October 22, 2007, Public Hearings November 13 & 26, 2007 and Second Reading December 10, 2007/December 17, 2007.)

WYTHE/ROBERTS – MOVED TO POSTPONE THE ADOPTION OF ORDINANCE 07-42 TO THE MEETING ON DECEMBER 17^TH.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Ordinance 07-50, An Ordinance of the City Council of Homer, Alaska Authorizing the Design and Installation of an Additional 4,400 Linear Feet of Water Main Along Kachemak Drive to Complete the Loop Between the Airport and East End Road and Approving the Creation of a Deferred Assessment District. City Manager/Public Works. (Recommend First Reading December 10, 2007, Public Hearing and Second Reading January 14, 2008.)

Memorandum 07-192 from Public Works as backup.

Mayor Hornaday called for a motion for the adoption of Ordinance 07-50 for introduction and first reading by reading of title only.

WYTHE/ROBERTS – SO MOVED.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

C. Ordinance 07-51, Of the Homer City Council Amending the FY 2007 General Fund Operating Budget by Authorizing the Transfer of $55,000.00 from the Sale of Lot 18 Mattox Subdivision to the Fire Department Fleet Reserves. Wythe. (Recommend First Reading December 10, 2007, Public Hearing and Second Reading January 14, 2008.)

Mayor Hornaday called for a motion for the adoption of Ordinance 07-51 for introduction and first reading by reading of title only.

WYTHE/NOVAK – SO MOVED.

Councilmember Wythe commented the money for the sale of the property is in an undesignated depreciation fund and passage of the ordinance will transfer funds to purchase a fire truck. Additionally State funds will be added for the purchase.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

CITY MANAGER’S REPORT

A. City Manager’s Report

1. KESA Contract: The meeting agenda for December 10^th contains a resolution which extends the existing agreement between the City and KESA for 5 additional months. The current agreement expires on December 31. Included in the packet is a similar Borough Assembly resolution and a back-up memo from the Borough Mayor. The purpose of the extension is to give KESA some time to complete a feasibility study which will look at if, how, and when the Service Area might become completely independent of the City of Homer. The decisions made will have an impact on negotiations for the next agreement. The KESA Board has stated on previous occasions that it would like to be a stand alone department. Some Council members have expressed support for that idea. The future relationship of the two organizations is under active discussion. When the feasibility study is completed we will share it with the Council. Let me know if you want to discuss this topic soon and we’ll schedule it. I recommend approval of the resolution.
2. Spit Water Tank Update: Several months ago the Council approved spending money to have an engineer inspect and recommend repairs to the Spit Water Tank. You will recall that the Council also approved a multi-year contract with an engineering firm to have it on retainer so that we do not have to go out to bid every time we need engineering services. The Public Works Director has executed Task Order # 2 for Bristol Environmental to conduct the work on the tank.
3. Audit / Homeland Security Grants: Last week the City had a site visit from staff with the Department of Homeland Security. The purpose of the visit was to do a quick check of records and grant management procedures and to see that the money was being spent in the right way. Several good things came out of it. First of all, I was told that the City Finance Department, and especially Jo Earls, is doing a great job with these grants. The staff took pictures of the new equipment at the Police Department, toured the harbor and discuss various security needs with Steve Dean, and offered to provide us with a new checklist on procurement procedures for all state grants.
4. Council Training: Please let us know if you have any comments, suggestions, or concerns regarding the recent training session conducted by Gordon. I am sure Gordon would like feedback and we can certainly do more training on different topics if the Council would like.
5. South Peninsula Hospital: Mayor Hornaday and I had a conversation with Mayor Williams this week about the recent State denial of the CON. Our purpose for the call was to get an update on the situation and offer whatever help the City can provide. Mayor Williams also reported that negotiations over the Operating Contract are going very well from his perspective. He said he planned to have a draft, unapproved copy to the Council soon for its review and hoped that the Council would be able to approve it at its meeting on January 14. Buy that time it will have been reviewed, and hopefully approved by the Operating Board, the Service Area Board, and the Assembly.
6. New Courthouse: The latest information I have is that the Court System still very much wants to locate the new building in or near the Town Center. They plan to issue an RFP in January.
7. City Hall / Town Square Project: The next few weeks will be very busy. The design team will be in Homer on the 5^th and 6^th. It is giving a presentation to the Planning Commission on the 5^th and hosting a community open house on the 6^th. On the 10^th, it will be meeting with all City staff and the City Hall Town Square Committee during the day. A Special Meeting presentation is scheduled for the Council that evening. Our hope is that that Council will be able to view and conceptually approve the 10% plan. Comments from the PC and the Committee should be available. The team will go back and incorporate changes the Council may want. At the first meeting in January, if all goes well, we plan to ask for formal approval of the 10% plans and authorization to proceed with a new contract to get to 35%.
8. 2008 Budget. Thanks for the proposed budget amendments we have received so far. At the time this was written, Regina was busily working on trying to incorporate the changes the Council asked for in the new water and sewer model. This work was not complete at packet time so that is why the fee schedule which appears in your packet has blanks for water and sewer fees. We will have some numbers for you at meeting time and you can just incorporate them by motion. I am working on some comments and a response to the amendments that were submitted.

City Manager Wrede commented on the City Hall Town Square project, stating project dates will be moved up with a resolution to advance to the next phase at the December 17^th meeting.

B. Bid Report

C. Question of the Week

COMMITTEE REPORT

A. Comprehensive Plan Community Advisory Committee

B. Global Warming Task Force

Alan Parks, GWTF Chair, commented on the extensive discussions of the CAP and whether or not the plan would mandate or require funding from the City beyond its means. It is not the intent of the CAP to mandate anything; there are recommendations and measures, some with quicker payback times. An amendment to the plan that might address concerns about funding beyond our means may be made. Wind turbines on the Spit are $15,000 installed, there is a source for a free anemometer that will measure wind capabilities and calculate savings. Over time they pencil out for costs. He thanked Council for their leadership and foresight, and hopes the CAP will pass. There are donors and incredible support.

C. Public Arts Committee

D. Transportation Advisory Committee.

(December 18, 2007 at 5:30 p.m.)

E. City Hall - Town Square Review Committee

(December 10, 2007 at 12:00 p.m. – 1:30 p.m.)

F. Permanent Fund Committee

(December 11, 2007 at 5:30 p.m. & December 13, 2007 at 6:00 p.m.)

PENDING BUSINESS

None.

NEW BUSINESS

A. Memorandum 07-191, from City Clerk, Re: Scheduling City Council Worksession for January 7, 2008 for Training on Permanent Fund Criteria.

Mayor Hornaday called for a motion for approval of the recommendations of Memorandum 07-191.

WYTHE/NOVAK – SO MOVED.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

RESOLUTIONS

A. Resolution 07-106, Of the City Council of Homer, Alaska Adopting the City of Homer Climate Action Plan, Affirming that Action to Mitigate and Adapt to Climate Change and Reduce Energy Costs is a Top City Priority, and Authorizing the City Manager to Begin Implementation of Measures Outlined in the Plan. City Manager. Recommend adoption.

NOVAK/ROBERTS – MOVED TO ADOPT RESOLUTION 07-106 BY READING OF TITLE ONLY.

Councilmember Wythe favors postponement with a review schedule. The public comment and time the GWTF has put into the CAP is appreciated. Although its easy to say nothing in the plan is a mandate, the plan needs thorough review to see if the City can live with it for the rest of its life. We do not have the finances to make that happen.

ROBERTS/NOVAK - MOVED TO ADJUST PAGE 27 OF THE CLIMATE ACTION PLAN – TO ADD AT THE BOTTOM OF THE PAGE: THE ABOVE EXAMPLES ARE FOR ILLUSTRATIVE PURPOSES ONLY. ACTUAL MEASURES PROPOSED FOR IMPLEMENTATION BY THE CITY OF HOMER BEGIN ON PAGE 28 OF THIS CLIMATE ACTION PLAN. IT IS UNDERSTOOD THAT THE MEASURES DESCRIBED ON THE FOLLOWING PAGES ARE SEEN AS WORTHY GOALS. ACTUAL IMPLEMENTAION WILL DEPEND ON THE AVAILABILITY OF FUNDING AND OTHER RESOURCES.

This will address the concerns of how the City can afford to implement everything recommended in the CAP. By adopting the CAP it does not mandate that everything can be accomplished right away.

Councilmember Heimbuch voiced the need for an action plan for the CAP, a punch list of things to get accomplished right away.

VOTE: YES. ROBERTS, WYTHE, SHADLE, CHESLEY, NOVAK, HEIMBUCH

Motion carried.

Councilmember Heimbuch voiced appreciation of Bob Burns comments that the City should adopt everything they feel is right. Council needs time to review the plan, he does not want to spend time later either ignoring or gutting the plan because it is too impractical to implement. A plan that has projects of foreseeable funding and public acceptance is needed. Incremental successes are needed to implement the plan and Council should spend the next couple months figuring out what they should be.

Councilmember Wythe commented there is not a person at the table opposed to approval of the CAP. The concern goes beyond to assure the CAP is the right plan for the City and the citizens. There are as many people as those that are here this evening that are not buying into the concept of global warming. Council owes them the equal amount of consideration. Council’s responsibility is to look at both sides of the story, so it is financially feasible for this community. There is not an ego concept of being first, it is not any better than being last if you do a poor job. There is a need to agonize over it to do the right thing for the community. If approved today there are already two months to decide how the plan will be implemented.

Councilmember Roberts recognizes there is a lot public opinion and she has received 35 postcards of those in favor of the document. One anonymous letter was received against the document. Tonight she has heard 30 people in favor, read the Homer News poll and does not see a lot of negative opinion. The CAP is the comprehensive plan of the global warming. She concurs there is work to be done. Public meetings have been held over the last year to provide input. Saying this is the only opportunity to provide input is not a correct statement.

Councilmember Novak appreciates the public comment. When a lot of people come out to speak on an issue it is a time to listen. Council is here to represent the community; sometimes it is done through testimony or sometimes through referendum vote. He learned some things from the presentation by Thorey Munro and Lindsay Olsen. Alaska is hit hardest by global warming. Government action has not happened on a national level but can happen on a local level. Youth are going to have to live with the results. Adoption of the CAP will open the door for grant funding on a national level. Adopting the CAP makes Homer a model city. Economic benefits and ethical and moral decisions speak highly of the community. We will set standards for other cities at a grassroots level. Many people have put in a lot of hard work, others have commented they like this and it is the smart and right thing to do.

Mayor Hornaday commented he enjoyed the testimony except when he was called a liberal, which is a terrible thing.

Councilmember Heimbuch commented people are supportive of the CAP now because it costs nothing. Down the road when they see $2M and $3M projects there may be a different idea. If it is truly important, two months from now it will be equally important. He has not engaged in discussion with staff or council to see how projects will unfold.

Councilmember Novak noted the CAP has recommendations and measures to implement those. It is the first plan. Many years ago we had a Comprehensive Plan and are now in the process of revising that plan. The CAP is not the final plan, it is evolving work and a resolution instead of a law that will put us on the road to follow the path.

Councilmember Chesley referenced numerous meetings he chaired for the Planning Commission when the large retail/wholesale ordinance was being considered. There was packed testimony and he thought he had a good sense of where the community was going. A citizens’ vote turned the measure upside down. Not everything heard in council chambers represents the majority of the community. We struggle to get the public to participate and at the 11^th hour they will show and we will get 90% of comments in the last 10% effort of the project. Council should be given the chance to adopt in a win-win situation. It is a moral, correct and right issue of our time. Unanimous Council support and creating a mechanism for a staff person with resources available to implement is needed.

Councilmember Wythe voiced the importance of full council support of the resolution. Its final success will depend on Council. If Council is divided it will continue as a divisive issue. United, Council can support the plan. From the audience she sees the importance of the CAP. It needs to be strong enough to go on for the lifetime of Homer. Support is needed at the Council level because every year there will be financial issues and ultimately a need to ask the community for financial support.

Councilmember Chesley asked if there was a way to provisionally adopt the CAP without obligation to the recommendations and measures. It would show the community we want to move forward, yet also allow for further work by Council.

Mayor Hornaday answered a resolution can always be amended. City Manager Wrede answered there may not be a good way of passing the resolution provisionally. City Clerk Johnson answered adopting the CAP is adopting everything in the plan as it stands today. The CAP could be amended.

Councilmember Novak said there are not a lot of changes to make to the CAP. Implementation on how it is going to be followed through is still unresolved as it is a budget issue. There is money out there to fund a half time position.

NOVAK/ROBERTS – CALLED FOR THE QUESTION.

VOTE: YES. SHADLE, NOVAK, ROBERTS, WYTHE

VOTE: NO. CHESLEY, HEIMBUCH

Motion carried.

Councilmember Heimbuch asked if a motion to postpone was in order.

At the request of City Clerk Johnson to verify parliamentary procedure, Mayor Hornaday called for a recess at 9:08 and resumed the meting at 9:12 p.m.

City Clerk Johnson stated Call for the Question was a motion to bring Council to an immediate vote on one or more questions, immediately closes debate and stops amendment and brings the matter to a vote.

VOTE: (motion as amended) YES. SHADLE, CHESLEY, NOVAK, ROBERTS

VOTE: NO. WYTHE, HEIMBUCH

Motion carried.

NOVAK/SHADLE – MOVED TO RECONSIDER.

VOTE: YES. ROBERTS, SHADLE, CHESLEY, NOVAK

VOTE: NO. WYTHE, HEIMBUCH

Motion carried.

WYTHE/CHESLEY - MOVED TO POSPTONE AND PLACE IT ON A CONSIDERATION SCHEDULE FOR JANUARY SO THAT WE CAN ACTUALLY WALK THROUGH THE PROCESS AND VALIDATE THE INFORMATION.

Councilmember Heimbuch offered a friendly amendment to discuss at the December 17^th meeting.

City Clerk Johnson stated it was not a friendly amendment.

WYTHE – MOVED TO WITHDRAW MY MOTION.

City Clerk Johnson stated it was too late to withdraw the motion.

VOTE: (postpone) NO. HEIMBUCH, ROBERTS, WYTHE, SHADLE, CHESLEY, NOVAK

Motion failed.

HEIMBUCH/WYTHE – MOVED TO POSTPONE ADOPTION OF THE CLIMATE ACTION PLAN TO DECEMBER 17^TH AT WHICH TIME WE WILL SET UP AN AGGRESSIVE SCHEDULE OF COUNCIL HEARINGS AND INTERNAL DELIBERATIONS ON ADOPTION OF THE CLIMATE ACTION PLAN.

Councilmember Wythe offered a friendly amendment to have a special meeting at 5:30 on December 17^th. The amendment was accepted.

VOTE: YES. HEIMBUCH, WYTHE, CHESLEY

VOTE: NO. NOVAK, ROBERTS, SHADLE

Mayor Hornaday broke the tie vote with a NO.

Motion failed.

NOVAK/ROBERTS – CALLED FOR THE QUESTION.

Councilmember Heimbuch called for a point of order as to what Council was voting on.

City Clerk Johnson stated the vote was on the question.

VOTE: YES. ROBERTS, NOVAK, SHADLE

VOTE: NO. CHESLEY, HEIMBUCH, WYTHE

Mayor Hornaday broke the tie vote with a NO.

Motion carried.

Councilmember Chesley called for a point of order if there was no more reconsideration since the matter has already been reconsidered once.

City Clerk Johnson answered there was no more reconsideration.

VOTE: (main motion as amended) YES. SHADLE, NOVAK, ROBERTS

VOTE: NO. CHESLEY, HEIMBUCH, WYTHE

Mayor Hornaday broke the tie vote with a YES.

Motion carried.

B. Resolution 07-112 Of the City Council of Homer, Alaska Extending the City Attorney Contract with Perkins Coie for the Period of January 1, 2008 through December 31, 2008 in the Amount of $8,775.00 Per Month for Forty Five Hours, Increasing the Hourly Rate from $200.00 to $210.00 and Authorizing the Mayor to Execute the Contract. City Clerk. Recommend adoption.

Mayor Hornaday called for a motion for the adoption of Resolution 07-112 by reading of title only.

HEIMBUCH/NOVAK – SO MOVED.

NOVAK/ROBERTS – MOVED TO POSTPONE TO DECEMBER 17^TH.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

C. Resolution 07-115, Of the City Council of Homer, Alaska Authorizing the City to Apply to the Alaska Department of Environmental Conservation for a Loan in an Amount up to $8 Million Dollars from the Alaska Drinking Water Fund for the Construction of the New Water Treatment Plant Project. City Manager/Public Works/Finance. Recommend adoption.

Memorandum 07-190, from Public Works Director as backup.

Mayor Hornaday called for a motion for the adoption of resolution 07-115 by reading of title only.

WYTHE/NOVAK – SO MOVED.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

D. Resolution 07-118, Of the Homer City Council Exempting the Homer Hockey Association, Inc. from that Portion of City Property Tax which Matches any Portion Exempted by the Kenai Peninsula Borough and Authorizing the City Manager to Execute the Associated Documents. Wythe. Recommend adoption.

Mayor Hornaday called for a motion for the adoption of Resolution 07-118 by reading of title only.

WYTHE/NOVAK – SO MOVED.

Although the Hockey Association would like 100% City property tax exemption, the Borough has a protocol for determining exemption amounts. The City follows the Borough’s protocol in exemption amounts. Making our own standard of exemption opens the door to many requests for exemption status.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

E. Resolution 07-119, Of the City Council of the City of Homer, Alaska Amending the City of Homer Fee Schedule Regarding the Water Rates. City Manager/Finance. Recommend adoption.

WYTHE/ROBERTS - MOVED TO COMBINE RESOLUTIONS 07-119, 120 AND 121 AND POSTPONE TO FOLLOW THE BUDGET PROCESS.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

F. Resolution 07-120, Of the City Council of the City of Homer, Alaska Amending the City of Homer Fee Schedule Regarding the Sewer Rates. City Manager/Finance. Recommend adoption.

Postponed to follow the budget process.

G. Resolution 07-121, Of the City Council of Homer, Alaska Revising Certain Portions of the Port and Harbor of Homer Terminal Tariff No. 600 and Amending the City of Homer Fee Schedule Accordingly. City Clerk. Recommend adoption.

Postponed to follow the budget process.

H. Resolution 07-113, Of The City Council Of Homer, Alaska, Establishing The 2008 Regular Meeting Schedule for the City Council, Economic Development Advisory Commission, Library Advisory Board, Parks and Recreation Advisory Commission, Advisory Planning Commission, Port and Harbor Advisory Commission, Public Arts Committee, Transportation Advisory Committee and Permanent Fund Committee. City Clerk. Recommend adoption.

Memorandum 07-184 from Permanent Fund Committee, 07-185 from City Planner, 07- 186 from Port and Harbor Advisory Commission and 07-187 from Public Arts Committee as backup.

WYTHE/NOVAK – MOVED TO ADOPT RESOLUTION 07-113 BY READING OF TITLE.

WYTHE/NOVAK - MOVED ON THE PERMANENT FUND COMMITTEE SCHEDULE TO CHANGE THE DATE OF THE JANUARY MEETING TO JANUARY 9, 2008.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

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

Motion carried.

I. Resolution 07-114, Of the City Council of Homer, Alaska Authorizing the City Manager to Enter into an Agreement with the Kenai Peninsula Borough, on Behalf of the Kachemak Emergency Service Area, to Continue Fire and Emergency Medical Services Under the Existing Contract Agreement Until June 1, 2008, While the Parties Negotiate a New Agreement. City Manager. Recommend adoption.

ROBERTS/NOVAK – MOVED TO ADOPT RESOLUTION 07-114.

The monthly payment from KESA will remain the same until a new contact agreement is reached. When a new agreement is reached, increased costs will be retroactive until January 1^st. Increased utility costs will be factored in and the contract may change substantially as KESA takes more responsibilities for their own activities. Presently all responses to fire, emergency and medical originate in Homer. KESA would like to increase their own capabilities to respond.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

COMMENTS OF THE AUDIENCE

Joel Fletcher, Homer resident since 1980, asked for clarification on Memorandum 07-192, and asked what assessment is being waved on Kachemak Drive.

City Manager Wrede explained deferred assessments are normally when people pay for a water line. The property owners who live on Kachemak Drive normally would help pay for a water line, but they haven’t voted. The City needs the line and will put the line in; property owners will not pay until they hook up.

Joel Fletcher commented that implementation is the key to the Climate Action Plan. He is all for carbon cops on the Spit giving tickets to RVs for emissions and charging for parking. It will increase the quality of life in Homer. There is nothing sustainable about the war in Iraq and that is where we should be putting our money.

Amy Bollenbach, Homer Citizens for Impeachment, would like to raise awareness to impeach President Bush and Vice President Cheney. Impeachment removes a public official from office without loss of freedom or pension. It is a local issue. If we are misled into a second war in Iran more Homer kids will be affected. Many towns and cities have passed impeachment resolutions. Homer Citizens for Impeachment have gathered 650 signatures on the impeachment petition, 550 of those with Homer addresses. The President and Vice President violated their oath to uphold the U.S. Constitution. The Council are official representatives with a responsibility to determine if the officials have abused their power. Even though they only have 13 months in office it is not too late; it will send the message to future Presidents that we will not tolerate torture, illegal surveillance, perjury and obstruction of justice.

Kate Finn, Anchor Point resident, representing Martha Anderson, read testimony from the founder of Homer Citizens for Impeachment. Ms. Anderson supports impeachment of President Bush and Vice President Cheney.

Kim Burrows, city resident, noted the pardoning of Scooter Libby was irreprehensible conduct. Joe Wilson was sent to Niger to buy uranium for weapons of mass destruction; August 2002 he filed a report that Iraq was not trying to buy uranium. In his 2003 State of the Union Address President Bush stated the British Government stated Saddam Hussein had recently sought significant quantities of uranium from Africa. March 2003 the United States invented Iraq. In July Joe Wilson wrote an article stating what he did not find in Africa. Valerie Plane identified as a CIA agent was retribution. Clinton was impeached for lying about a personal situation, what more does the President have to do?

Sven Nostrand, city resident, commented the President has pushed a lot of limits and broke constitutional laws. It should be brought to the community to keep our freedoms and country. France’s government is afraid of their people, as they are under constant surveillance from their people. It is a very serious issue.

Diane Warner, Homer High School government teacher, thanked Council for their acceptance, patience and willingness to allow senior government students to join.

Alan Parks, GWTF Chairman, thanked Council for their work on the CAP and looks forward to working with Council to make it a success.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans was not present.

COMMENTS OF THE CITY CLERK

City Clerk Johnson had no comments.

Councilmember Chesley asked City Clerk Johnson to investigate if Council followed proper procedure by including Councilmember Shadle into the meeting. He questioned if Council was supposed to take a vote to decide if a member was allowed to participate telephonically. City Clerk Johnson responded that was correct and she had brought it to Mayor Hornaday’s attention he would be joining the meeting at 8:00 p.m. and that was the procedure that was needed. Councilmember Chesley asked if the business Council has done since Mr. Shadle joined the meeting has been properly in order. City Clerk Johnson responded she could not answer that question; it is a legal question. Councilmember Chesley asked if Council needed to redo business and votes because they did not properly convene the body.

Mayor Hornaday stated he made an initial ruling and Council did not overrule it and he assumed they agreed with his ruling. Councilmember Chesley commented he did not recall a vote and Councilmember Heimbuch stated he wasn’t asked. Councilmember Wythe commented the ordinance approved regarding teleconference states business conducted, if not opposed, the business is not considered invalid. Councilmember Chesley asked that the Clerk investigate his question.

COMMENTS OF THE CITY MANAGER

City Manager Wrede had no comments.

COMMENTS OF THE MAYOR

Mayor Hornaday offered his prayers and best wishes for Helen Hill.

COMMENTS OF THE CITY COUNCIL

Councilmember Novak commented he looks forward to implementation of the CAP in the next year and the positive effect from it. He hopes as we implement the plan and decide on our procedure for doing so, we will all be working in consensus to accomplish that.

Councilmember Shadle commented he is happy to see the CAP passed tonight as nothing ventured is nothing gained. It will set a precedent for the community. In regard to violation of the Open Meetings Act, Councilmembers need to be careful about calling each other to find out how to vote. It is better to leave it public and leave it open.

Councilmember Roberts commented on the City Manager’s report: Homeland Security people were here and she thanked Jo Earls for helping them. Last Saturday City Attorney Gordon Tans offered training that she attended and learned a lot. She thanked Dru Corbin for providing a packet of City statistics, which was appreciated as it had a lot of good information. At tonight’s Special Meeting she was amazed at the changes in the City Hall/Town Square design plan. She is glad the CAP was adopted, although everyone was not in agreement. She knows it is a work in progress.

Councilmembers Chesley, Heimbuch and Wythe had no comments.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 9:56 p.m. by Mayor James C. Hornaday. The next Committee of the Whole is scheduled for Monday, January 14, 2008 at 4 p.m., the next Special Meeting is Monday, December 17, 2007 at 7 p.m. and the next Regular Meeting is Monday, January 14, 2008 at 7 p.m. All meetings are scheduled to be held in the City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

______________________________

JO JOHNSON, CMC, CITY CLERK

Approved: _____________________