Session 05-37 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 Cowles Council Chambers located at 491 E Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

PRESENT: COUNCILMEMBERS: HEIMBUCH, McLAY, NOVAK, SHADLE (telephonically), STARK, WYTHE.

STAFF: CITY CLERK CALHOUN

CITY MANAGER WREDE

ACTING FINANCE DIRECTOR VAUGHN

CHIEF OF POLICE ROBL

CITY PLANNER McKIBBEN

FIRE CHIEF PAINTER

LIBRARY DIRECTOR HILL

PORT HARBOR DIRECTOR DEAN

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

Committee of the Whole 4:00-5:00 p.m Resolution 05-113, postponed, Regular Meeting agenda and Budget. Homer City Hall Cowles Council Chambers.

Special Meeting 5:00 to 5:25 p.m. Executive Session on Ocean Drive Loop Bluff Erosion Control (Seawall) Settlement Offer. Homer City Hall Cowles Council Chambers.

Special Reception with UA President Hamilton at the College between Committee of the Whole and 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.)

Mayor Hornaday Requested suspension of the Rules to facilitate the introduction of UA President Hamilton and a presentation by President Hamilton.

STARK/NOVAK - MOVED TO SUSPEND THE RULES TO ALLOW PRESIDENT MARK HAMILTON TO ADDRESS THE COUNCIL.

There was no discussion.

VOTE: YES: McLAY, WYTHE, SHADLE, STARK, NOVAK, HEIMBUCH.

Motion carried.

Mayor Hornaday introduced UA President Mark Hamilton, UA Chancellor Elaine Maimon, Gary Turner the Director of the Kenai Peninsula College and the Local Campus Director Carol Swartz.

President Hamilton thanked the Mayor and Council. He commented on the request for the University to purchase City Hall and that the City Hall looks pretty good to him. He voiced his hope that the Council would join him in supporting that request. He told the Council and public that it is always an exciting time to come to Homer and to be involved with the Homer Community. He voiced his sincere belief that Homer, and its counterparts in the Kenai Peninsula Borough, can be an example for the rest of the State. Homer's support of the University is more than just a cheering squad, adding that he appreciates and never underestimates the power of a cheering squad. He commended the Council for their involvement, noted that they are informed and, as a group, are tenacious in pursuing the things that they know to be good for the Kenai Peninsula itself and for Homer, specifically. He thanked the Mayor and Council very much for the service that they render to this campus and to the university, he expressed his gratitude.

Mayor Hornaday confirmed the City's support, encouraged the UA to keep up the good work and to send the City their Resolution.

Chancellor Maimon was welcomed to address the Council as well. She echoed the President's comments. She emphasized how lively it was to be in the commons of the new building of the Kachemak Bay Campus this afternoon and about how wonderful it is to see the college functioning as a public square. She commented about the Mayor's reference to a Resolution that is for the support for the Regent's recommendation on the budget for the whole UA. She emphasized the importance of this Resolution and that they do, certainly, want to support the item here for the purchase of the City Hall. She noted that it is important to remember that nurses in Kachemak Bay depend on base funding of the University as a whole, adding that there are a lot of things in the budget that help Homer. She thanked the Mayor for the suggestion of the Resolution.

The agenda was approved by consensus of the City Council with the following changes and notations:

1. Resolution 05-132, title now reads: Of the Homer City Council Providing Comments and Recommendations regarding the 2006-2008 Statewide Transportation Improvement Program. (STIP). Sponsored by Council and Manager. Includes a Letter to DOT from City Manager

2. Request by Mayor, to Add Resolution 05-133, Of the City Council of Homer, Alaska Opposing the Alaska Department of Environmental Conservation's Proposal to Amend 18 AAC 70.240 to Allow Increased Pollution - through use of Mixing Zones in Alaska Salmon Streams. With backup including a Request by Councilmember Stark to include, Anchorage Daily News, 12/06/05, Pebble isn't behind mixing-zone proposal. Public Comments on Resolution 05-133 are included.

3. Add to Visitors - Melanie Douglas, Re: Community Schools.

4. Written public testimony received regarding the budget.

5. Additional information from Manager and other staff regarding budget.

6. Memorandum from Port and Harbor Director Re: Budget.

7. Memorandum 05-188 from Planning submitted regarding Ordinance 05-17(A).

8. Memorandum 05-185 from Planning on agenda and submitted regarding Ordinance 05-63.

9. City Manager's Written Report

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public comments upon matters already on the agenda except Visitors - Cook Inlet Alliance and Melanie Douglas. and Public Hearing Item, 2006 Budget, Ordinance 05-62.

There were no public comments.

RECONSIDERATION

None scheduled.

CONSENT AGENDA

(Items listed below will be enacted by one motion. If separate discussion is desired on an item, that item may be removed from the Consent Agenda and placed on the Regular Meeting Agenda at the request of a Councilmember.)

A. Homer City Council unapproved meeting minutes of November 28, 2005 Emergency and Regular Meeting and December 5, 2005 Special Meeting. City Clerk. Recommend approval.

B. Ordinance 05-64, Of the City Council of the City of Homer, Amending the Official Road Maintenance Map of the City of Homer by Adding 4365 Lineal Feet or .828 Mile of Urban Road and 300 Lineal Feet or .246 Mile of Rural Road. City Clerk. Public Works. Fiscal Note: Additional maintenance costs $21,125.00, this is an approximation. Recommend introduction and set public hearing and second reading for January 9, 2006.

Memorandum 05-183, from City Inspector, as backup.

C. Resolution 05-128, Of the City Council of Homer, Alaska Establishing the 2006 Regular Meeting Schedule for the City Council, Library Advisory Board, Parks and Recreation Advisory Commission, Advisory Planning Commission and the Port/Harbor Advisory Commission. City Clerk. Recommend adoption.

D. Resolution 05-129, Of the Homer City Council Adopting an Alternative Allocation Method for the FY 06 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. City Manager. Recommend adoption.

E. Resolution 05-130, Of the City Council Confirming the City Manager's Appointment of Mark Robl as the Acting City Manager for Calendar Year 2006. City Manager. Recommend confirmation.

F. Resolution 05-131, Of the City Council of Homer, Alaska Designating Signatories of City Accounts and Superseding any Previous Resolution so Designating. City Clerk. Recommend adoption.

G. Resolution 05-132, Of the Homer City Council Providing Comments and Recommendations regarding the 2006-6007 Statewide Transportation Improvement Program. (STIP). Council. Manager. Recommend adoption.

Letter to DOT from City Manager

Placed under Resolutions.

H.(Added under Agenda Approval) Resolution 05-133, Of the City Council of Homer, Alaska Opposing the Alaska Department of Environmental Conservation's Proposal to Amend 128AAC70.240 to Allow Increased Pollution through use of Mixing zones in Alaska Salmon Streams. Mayor. Recommend adoption.

Placed under Resolutions.

I. Memorandum 05-184, from City Clerk, Re: Liquor License Renewals for Café Cups, Homer Brewing Company, Down East Saloon, Uncle Thirsty's Liquor Store, and transfer for Homer Brewing Company. Recommend voice non objection and approval.

Councilmember Heimbuch requested that Resolution 05-132 be placed under Resolutions. (Item F.)

Councilmember Wythe requested that Resolution 05-133 be placed under Resolutions. (Item G.)

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

Items G. and H. were placed under Resolutions as items F. and G.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

A. Cook Inlet Alliance. George Matz and Liz Villarreal. (5 minutes).

Liz Villarreal, Homer resident, encouraged the Council, while considering the budget, to consider the socio and economic effects of the Pebble Mine, an open pit mine, on Homer. The Cook Inlet Alliance is a Homer based group of citizens dedicated to gathering and sharing reliable information about proposed open pit mine, Pebble Mine, and the related projects and its effects on Cook Inlet communities and resources. She noted the report in the Council's packet, on the November 17th forum. She hoped that those individuals who attended the Northern Dynasty meetings had also attended the November 17th forum. She commented on the results of the Cook Inlet Alliance questionnaire, showing that many citizens of Homer do not support this project and, further more, the public has expressed serious concerns and reservations that must be addressed by government agencies, such as Homer City Council. The results also sent a clear message that the elected representatives, such as Council, must take into account the concerns of local citizens dealing with issues involved in open pit mining in Alaska. Pebble Mine is very close and can have big effects both good and bad. She encouraged the Council to weigh these heavily. Page 4, table 3, of the report, issues were ranked: 1 - most important, 9 is least important: Environ mental Effects mean rang 1.5, Fisheries effects 2.1, economic costs 4.6, Socio Economic effects on Homer 4.8. She stated that she wanted to air the things that people are concerned about in Homer: How will the 250 mega watts of electric power be generated? Has anyone considered the economic impact study on Homer. Are tourists more likely to spend money flying from Homer into a pristine wilderness or to view an open pit mine? Another quite strong quote was: Who do we have to vote out of office to stop this? She encouraged the Council to review the information and to glean what they can from it. She thanked the Council.

George Matz, Fritz Creek, advised that he did put together the questionnaire and the report. He offered to answer any questions.

Mayor Hornaday advised that he was present at the forum, that this is the fourth presentation that he has attended on the Pebble Mine, and that he is sure there will be many, many more.

B. Melanie Douglas, Chief Financial Officer for the School District, Re: Community Schools. (5 minutes)

Melanie Douglas commented that there have been long conversations on the issue of Community Schools in Homer. She voiced appreciation for the opportunity to be able to speak to the Council tonight, knowing that they have the weighty issue of the budget before them. She formally asked the Council to assume the administration of the Community Schools program, the Kenai Peninsula Borough School District wishes to remain in partnership with the City of Homer in this successful program that has been operating in the black, from the District's perspective, the last few years. There is a cooperative relationship with the school administrators wherein the program is welcomed within all of the buildings in the area. She noted that being engaged in the public makes for a harmonious citizenry and that the Community Schools Program helps with that whole dynamic particularly during the Cabin Fever time, wherein we're headed. She encouraged the Council's support of the Program through their actions tonight and she offered to answer any questions.

Mayor Hornaday commented about the Council's support of the continuance of the program and the many different ways in which the program may continue. There are a number of possibilities under consideration; City taking over the administration of the program, put the program under a City Department, or putting the program administration out to contract. He reiterated his suggestion for Community Schools to become a non profit to facilitate raising funds, volunteerism, etcetera.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. Memorandum 05-187, Port and Harbor Commission Report Re: Lease Policy.

There was no discussion.

PUBLIC HEARING(S)

A. Ordinance 05-62, Of the City Council of Homer, Appropriating Funds for the Calendar Year 2006 for the General Fund, the Water - Sewer fund, the Port/Harbor Fund, Debt Funds, and Capital Reserve Funds (Conditional Expenditures). City Manager. (First Reading November 14, 2005,Public Hearing November 28 and December 5, 2005, Public Hearing and Second Reading December 12, 2005.) Includes testimony on Resolutions 05-121 through 05-125.

Proposed Amendments.

Mayor Hornaday read the titles of Resolutions 05-121-05-125(S) into the record.

Michael Hawfield; live just outside of Homer, work in Homer and a member of the Library Advisory Board representing folks who live outside the City of Homer; encouraged support of the Budget as it stands, particularly the part that covers the Library. He commented on the New Library as it appears right now, that it stands tall on Heath Street, is a wonderful building, adding that it is just a wonder to him as to how much has been accomplished. He noted the volunteer effort, Council's effort, and the efforts of City Staff to make all of this happen. He said that he is looking forward to this budget being put in place to make the transition with a good, strong healthy staff and the operating budget that can be afforded at this time. He commented that he is looking forward to all of the energy that will continue to pour forth on behalf of the Library in the coming years, not just when the doors open. He thanked the Council for all of their support and encouraged them to pass the budget with the appropriate support for the Library.

Mayor Hornaday interjected that there is money in the budget for the operating budget of the Library and also over $100,000.00 for the debt service.

Ginny Espenshade, live in the City of Homer, commented on the funding for Community Schools. She advised the Council that she spoke with City Manager Wrede after the last Council meeting, about exploring pros and cons about a separate non profit for Community Schools. She told the Council that she is a current volunteer for the Community Schools Program and that she is willing to help the program explore the formation of a non profit, adding that this would be a huge burden to ask for this immediately. She told the Council that there would be some good faith about looking into that so that the Council is not feeling that they are locking themselves into an ongoing commitment. She noted that it is a rather unique situation for a Community School, expressing her opinion that the School District would not be comfortable entrusting the use and management of their facilities, buildings and fields, to an outside non profit. That would be one of the things to consider.

Mayor Hornaday interjected that this is done in Anchorage.

Ms. Espenshade noted that these are two different school districts. She stated that the Kenai Peninsula Borough School District allows athletic teams to spend the night in schools. Everyone deals with their property differently. The reality is that if Council expects Community Schools to fund themselves as a non profit, if the doors are not locked for another reason, it is just as if the City did not fund the program. She reiterated her willingness to explore the non profit matter with the City on Mike Illg's behalf.

Mike Ilg, City resident and Homer Community Schools Coordinator, acknowledged the difficult task that the Council has ahead of them to balance the budget. He pointed out an important factor, knowing that it looks like there was a need for additional funds of about $18,000.00, that he is sure and confident that Community Schools can raise any amount of money that they need to help keep this program going. Right now Community Schools charges classes at a minimal charge and that kids 18 years of age and under are not charged. He emphasized that he is not interested in charging kids, but that he would like to charge those who can afford it, through increased user fees and come up with a better formula for charging the instructors. He commented about the various fun fund raisers such as hosting film festivals, and that they can do more of these types of things, and expressed confidence that there are many more avenues to explore and tap into. He expressed a willingness to do what it takes to keep the Community Schools Program going, to cover costs and expenses. He noted that people like the program and are willing to spend more money to keep this program going, adding that it is not a lot of money in return for what we get.

Mayor Hornaday stated that the Community Schools are very good at raising money, Homer having raised almost 60% of their revenues. He stated that Homer is not the problem it is Soldotna Community Schools.

Mike Illg noted that the difference is in the Communities and needs. The Soldotna Community Schools will be transferring to the City of Soldotna without any difficulties.

David Raskin, lives about 20 feet outside of Homer City limits, thanked the Mayor and Council for the opportunity to express his views about funding for staff for the New Library. He noted that he and his wife had worked with many area residents to help make the New Library a reality, contributing considerable time and personal funds, including a great deal of work with the Friends of the Library. He emphasized their crucial work supporting and gaining support for the 1% sales tax increase. Mr. Raskin pointed out that without this substantial effort by so many people the sales tax increase would have failed, that there would be no funds for other pressing needs of the City and the Library would still be "just imagined". He commented about Council being faced with the small amount of funds requested by the Library staff to be able to provide minimal staff for the operations of the new Library in 2006. After so much effort by so many citizens, foundations, government agencies, City staff and voter endorsement it would be a serious disappointment and great disillusionment to all involved if the funding request were not approved. He called attention to a recent description by a gentleman of Mr. Raskin's vintage who is a former member of the Council, who recalled, many years ago, as a young boy that he crawled out of bed on dark winter mornings to light the woodstove in the first Homer Library to remove the chill so that his mother could serve a few library patrons in relative comfort. It would be a shame if the current City Council were to now spread a severe chill through the magnificent New Homer Library by declining to fund its basic staffing needs. He strongly urged the Council to approve the Library Staff's modest personnel request so that the staff can efficiently make the transition into the new facility.

Heather Beggs, Director of the Pratt Museum and a City resident, thanked the Council for all of their work on the City Budget Process, expressed her appreciation to the Council for listening to all of the petitions this past month and encouraged them to listen to the requests of all of the City Directors, Library to Community Schools to the Museum. As they all do their best to make the best use of City dollars. The benefits to the Community are immense for the amounts requested.

Steve Gibson, resident of the City, noted that there are a lot of worthwhile causes and advised that he came to speak on behalf of the Library and asked the Council to fund the 4/10ths to a full time position. He voiced his hope that the Council would recognize that the new Library will take more man power/more person power and in addition to that there are a lot of transitional costs to move the Library, to move like a gazillian text from one site to the other and doing it coherently. He stated that he knows if this were Public Works or the Port and Harbor the Council would just budget it in. The volunteers are going to be a big part of the moving effort. It will take more effort, in the long run, to manage the bigger Library. The bigger Library will also be an asset to Homer, will bring more residents here, bring renewed and invigorated interest in the Library and is something that the City will really profit from both financially and in other ways. At the Committee of the Whole there was some discussion about an amendment to make that would incorporate the consortium library at the same time. Mr. Gibson expressed his feeling that this is a fair thing to put on the table, that this is not a fair context to do it in, it is not a simple question, hoped that the Council can get a lot of public input, and hoped that the Council can do it in a circumstance that allows a lot of people to think about it for a long time ahead of time. This is not something that is supposed to be done concurrently with the budgeting, its not just shall we hire a dog catcher or should we contract him out or whatever, this is an important consideration. He thanked the Council.

STARK/NOVAK - MOVED FOR THE ADOPTION OF ORDINANCE 05-62 BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.

Mayor Hornaday elucidated the amending process. There was brief discussion on Ordinance 05-42 and the $20,000.00 exemption. He thanked Lisa Vaughn for stepping in and for being the Acting Finance Director, thanked the City Manager, City Clerk and the Council for their work on the budget.

AMENDMENTS:

GENERAL FUND

1. Councilmember McLay's request: Amend Economic Development 100.112 5210 to increase the budget by $4,000.00 for Winter Carnival Fireworks.

McLAY/WYTHE - SO MOVE, TO AMEND ECONOMIC DEVELOPMENT 100.112.5210 TO INCREASE THE BUDGET BY $4,000.00 FOR WINTER CARNIVAL FIREWORKS.

There was some discussion. This is a one time thing, for the 50th Anniversary.

WYTHE/McLAY - THIS IS $4,000.00 FOR THE WINTER CARNIVAL 50TH ANNIVERSARY CELEBRATION STRIKING FIREWORKS.

Mayor Hornaday accepted this as a Friendly amendment and both the Maker and Seconder of primary amendment 1 accepted this as a friendly amendment. There were no objections from the Council.

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

Motion carried.

2.Councilmembers Heimbuch and Wythe request: Amend 100.130.5101 and 5102 to eliminate the new Planning position for a budget reduction of $67,292.00.

HEIMBUCH/WYTHE - SO MOVE, TO AMEND 100.130.5101 AND 5102 TO ELIMINATED THE NEW PLANNING POSITION FOR A BUDGET REDUCTION OF $67,292.00.

There was discussion, that the time is not appropriate for this addition to the City budget. The discussion about needing additional staff in planning is appropriate and will probably take place in 2006.

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



Motion carried.

3. Councilmember Heimbuch and Stark request: Amend City Contributions 100.350.5831 to increase this by $30,000.00 for the Homer Hockey Association.

HEIMBUCH/STARK - SO MOVE, TO AMEND CITY CONTRIBUTIONS 100.350.5831 TO INCREASE THIS BY $30,000.00 FOR THE HOMER HOCKEY ASSOCIATION.

Councilmember Heimbuch commented that the only thing missing from this proposed amendment is the routing of the money.

HEIMBUCH/STARK - AMEND THIS TO SUGGEST THAT WE PUT THIS $30,000.00 IN ADDITION TO THE $10,000.00 THAT IS IN THE BUDGET, FOR HOMER HOCKEY ASSOCIATION, IN THE BUDGET FOR MONIES GOING TO THE FOUNDATION FOR THE DISPOSAL OF IT AND EAR MARK IT AS SUCH FOR THE ARCTIC WINTER GAMES.

There was no discussion.

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

Motion carried.

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

Motion carried.

4. Councilmember Wythe request: Amend Planning Budget 100.130.5604 to add $1,500.00 for public education on planning and permitting policies.

HEIMBUCH/STARK - SO MOVED. TO AMEND PLANNING BUDGET 100.130.5604 TO ADD $1,500.00 FOR PUBLIC EDUCATION ON PLANNING AND PERMITTING POLICIES.

There was no discussion.

VOTE: (primary amendment 4.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

5. Councilmember Wythe request: Amend City Contributions 100.350.5831 to decrease $10,000.00 to Homer Hockey.

Councilmember Wythe withdrew this amendment due to the action on Amendment 3.

6. Councilmember Wythe request: Amend to eliminate the new library position in 100.145.5101 through 5104 for a decrease of $48,682.00.

WYTHE/ - SO MOVED. TO AMEND TO ELIMINATE THE NEW LIBRARY POSITION IN 100.145.5101 THROUGH 5104 FOR A DECREASE OF $48,682.00.

Motion died for the lack of a second.

7. Councilmember Wythe request: Amend to delete the Animal Control Full time and part time positions in the amount of $91,582 and budget $55,000.00 in 100.165.5210 for an Animal Shelter Contract.

WYTHE/NOVAK - SO MOVED. TO AMEND TO DELETE THE ANIMAL CONTROL FULL TIME AND PART TIME POSITIONS IN THE AMOUNT OF $91,582 AND BUDGET $55,000.00 IN 100.165.5210 FOR AN ANIMAL SHELTER CONTRACT.

There was no discussion.

VOTE:(primary amendment 7.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

8. Councilmember Wythe request: Amend to reduce Maintenance Tech shared position (Airport, PWD, Parks and Rec.) from Full time back to Part Time resulting in $23,807.00 difference.

HEIMBUCH/WYTHE - SO MOVED. TO AMEND TO REDUCE MAINTENANCE TECH SHARED POSITION (AIRPORT, PWD, PARKS AND REC.) FROM FULL TIME BACK TO PART TIME RESULTING IN $23,807.00 DIFFERENCE.

Discussion:

These positions are needed with the increasing work load.

City Manager put these in the budget, seeing a definite need to keep up with maintenance of the facilities.

All of these types of positions offset future depreciation.

VOTE: (primary amendment 8.) YES: WYTHE.

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

Motion failed.

9. Councilmember Stark request: Amend Mayor and Council budget to reflect the stipend increase of $50 per Councilmember Per month and Mayor's stipend increase of $100 per month and the deletion of PERS.

STARK/SHADLE - SO MOVED. TO AMEND MAYOR AND COUNCIL BUDGET TO REFLECT THE STIPEND INCREASE OF $50 PER COUNCILMEMBER PER MONTH AND MAYOR'S STIPEND INCREASE OF $100 PER MONTH AND THE DELETION OF PERS.

Discussion:

This reflects Council action on Ordinance 05-58(S)(A).

VOTE: (primary amendment 9.) YES: SHADLE, STARK, HEIMBUCH, McLAY.

NO: NOVAK, WYTHE.

Motion carried.

10. Councilmember Stark request: Amend the City Manager budget 100.110.5210 to increase the budget by $3,000.00 to survey 40acres to be transferred from the BLM to the City.

STARK/WYTHE - SO MOVED. TO AMEND THE CITY MANAGER BUDGET 100.110.5210 TO INCREASE THE BUDGET BY $3,000.00 TO SURVEY 40ACRES TO BE TRANSFERRED FROM THE BLM TO THE CITY.

Discussion.

Councilmember Heimbuch asked the record to reflect the following: "Any expenditure of that money for the survey will be brought back to the Council at a future time, before it happens, so that we have a chance to weigh in on how good the tract looks before getting that land."

Councilmember Wythe seconded.

Councilmember Stark stated that this is a small price to pay for 40 acres and that there is a lot of uses for that land and this will benefit the City. This is the first step required to get that land, required by BLM. He stated that the City Manager had requested Councilmember Stark to seek this amendment.

VOTE: (primary amendment 10.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

11. Councilmember Stark Request: Amend the budget revenues to grant a $20,000.00 property tax exemption. If this passes Council should adopt Ordinance 05-42 if this fails Council should vote down Ordinance 05-42.

Councilmember Stark rose to a point of personal privilege. This amendment was withdrawn with brief discussion.

Mayor Hornaday, at the request of Councilmember Heimbuch, elucidated the process of adopting the $20,000.00 property tax exemption now or on waiting for the Ordinance 05-42. (1)

12. Novak - $20,000.00 added to Community Schools Budget.

NOVAK/McLAY - MAKE A MOTION TO ADD $20,000.00 TO THE COMMUNITY SCHOOLS BUDGET.

Discussion:

Current increase is $13,000.00. Not enough to fund the Community Schools Full Time Employee.

Adding the $20,000.00 makes a total of $50,000.00, a $33,000.00 increase.

Councilmember Novak stated that the intent of his proposal is to have the Community Schools position become a full time position with the City and to be administrated under the direction of Mark Robl, Chief of Police as a part of the Police Department and that financing will be handled through the accounting department. He acknowledged that there are some unknown costs, but there are some projected costs provided by Acting Finance Director Vaughn as far as insurance and so on. It looks like the difference for a year is $18,500.00, which Mike Illg said they could make up with fees. Mr. Novak stated that his intent is to go ahead and raise this up $20,000.00 for a total of $50,000.00, which would not have to used until starting July 1. This would give enough to get through the year, may be more than needed. A motion could be made next year to go for a year or choose for a year and a half to see how it works and then evaluate it at the end of that point in time.

Mayor Hornaday noted Chief Robl's strong support during the Committee of the Whole.

Councilmember Novak noted that Chief Robl expressed a desire and interest in administering the program and that his department was interested in being a part of it.

Councilmember Wythe voiced total support of Community Schools and expressed reservations with regard to new hires, full time positions and expenses. She noted that the Council has a budget before them that allocates every dollar from the increased sales tax, for specific purposes: $250,000.00 per year in debt of PERS, New Library Project costs and operational costs, Depreciation Fund. She emphasized the lack of funding to date for the Depreciation Fund. She noted the salary review information that shows the current employees are under paid. There are a lot of things going on right now that the City is not adequately funding. She expressed her opinion that the City should take care of the bills it owes, the people it has and then, if there is a luxury of money left over, look at hiring new people. She voiced her concern that eighteen months from now those purposes for which the sales tax was asked are going to hit the City right in the face. She noted that the Council is not going to go back to the voters and ask for more sales tax nor should the property tax payers be asked to pay more to balance the budget. She emphasized looking at taking care of one time expenditures, put money into depreciation and bring the deferred accounts up to an appropriate funding level. She commented about hiring an employee with a family, and the impacts that when in eighteen months the City can no longer pay that salary, this affects the entire family and their life. She stated that she, therefore, has real reservations about adding more employees to the staff than the City can afford to support.

Mayor Hornaday noted page 29 of supplemental packet which indicates that the total estimated expenditures by staff are $105,185.22, a difference of $18,540.22 for the City to cover. He stated that, of that amount, the class fees alone that the Community Schools raises is over $56,000.00.

Councilmember Heimbuch commented about the testimony on this matter and that he does not want to allocate money that causes Community Schools to lose incentive to raise fees. He voiced a desire for some type of matching program. He noted that this is more than doubling what was originally projected for the City to come up with in additional monies.

Councilmember McLay expressed appreciation of Councilmember Wythe's comments. He noted that the City has six months to figure out how it is going to take on this responsibility; contract labor, cut costs, etc. He commended Mr. Illg for the great job he has done with volunteers and suggested that if Community Schools can raise half of the extra money that is needed and the City can contribute the other half to make it work that would be a fantastic thing. He disagreed with putting Community Schools on the hot plate to raise money or else fail.

Discussion ensued.

Councilmember Novak stated that if the Council funds everything being requested there will be a $50,000.00 surplus on this budget, having cut two full time positions tonight. He asked that the Community Schools and the City get together and form an Advisory Board, that could take over management or interacting in an advisory capacity between Community Schools and the City, a link to choosing future direction.

VOTE: (primary amendment 12.) YES: HEIMBUCH, McLAY, WYTHE, SHADLE, STARK, NOVAK.

Motion carried.

13. Stark/Shadle - Combine City Library with College. It is the Council's decision that the Library cooperate with the Kachemak Community College including accepting a part-time employee from the College, paid by the College and accepting and shelving/cataloging the Library books from the College.

STARK/SHADLE - (Bottom of page B-35, 5103) SO MOVE THAT IT IS THE COUNCIL'S DECISION THAT THE LIBRARY COOPERATE WITH THE KACHEMAK COMMUNITY COLLEGE INCLUDING ACCEPTING A PART-TIME EMPLOYEE FROM THE COLLEGE, PAID BY THE COLLEGE, AND ACCEPTING AND SHELVING/CATALOGING THE LIBRARY BOOKS FROM THE COLLEGE.

Discussion.

This has been discussed and in the works for a long time.

This should be decided prior to the opening of the library.

Do not think this should be placed on the Library staff at this time.

Rather than giving direction, ask that the Library Advisory Board should make this decision, Council may give them direction to make that decision.

New Library will be up and operational just before the new College school year.

Look at this for next fall.

Review whether or not this is advantageous for both entities.

This is a community decision.

This Council has the responsibility to run the City's facilities, the Community's facilities in a manner that is beneficial to the students and to the community. This is certainly that. It is going to save money and provide better service to the Community.

Disagreement with those who don't want to be bothered. Making this more complicated with expanding the City Library to include the College.

It is very important for the Council to make this decision.

The College is willing to cooperate.

The College is willing to change to the cataloging system of the City Library.

Computer systems use by the organizations are the same.

Now is a good time to do this.

There is time.

There are a lot of good strong reasons to bond with the College. There have been no strong reasons to not do this.

Beneficial to combine the two.

VOTE: (primary amendment 13.) YES: STARK.

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

Motion failed.

14. Novak/Stark - COLA to 3%

STARK/NOVAK - MOVED THAT WE INCREASE THE COLA BY THREE PERCENT AND ACCORDING TO THE INFORMATION SUPPLIED BY THE MANAGER THAT WOULD COST $217,000.00 AND THAT THAT COME FROM THE $250,000.00 PERS MONEY FROM THAT STATE THAT WE DID NOT USE IN THE PRESENT YEAR AND THAT ADMINISTRATION PLANS TO JUST ROLL OVER INTO THE FUND BALANCE FOR 06.

Councilmember Wythe noted conflict of interest, since her husband is employed by the City of Homer and left the table on this matter.

Mayor Hornaday excused her. There were no objections from the rest of the Council.

NOVAK/FRIENDLY- MOVED TO REDUCE THAT TO TWO PERCENT AND PUT THE BALANCE INTO DEPRECIATION.

Mayor Hornaday rejected this a friendly amendment and asked Councilmember Novak to make an amendment.

NOVAK/HEIMBUCH - MOVED TO AMEND THE AMENDMENT TO CHANGE THE COLA TO TWO PERCENT, WHICH IS $144,000.00 AND THE PUT THE REMAINING $106,000.00 IN DEPRECIATION.

VOTE: (secondary amendment to primary amendment 14.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

There was no further discussion.

VOTE: (primary amendment 14. as amended.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

DEPRECIATION RESERVES FUND.

15. Councilmember Heimbuch request: Amend to decrease the planning reserves 156.387.5210 by $30,000.00 for the building purchase.

Councilmember Heimbuch pulled this amendment.

WATER AND SEWER FUND:

Mayor called for a break at 8:08.5 p.m. reconvening the regular meeting at 8:13 p.m.

Councilmember Wythe returned to the table.

16. Councilmember Wythe request: Amend to decrease 200.400.5103, 5104 and 200.500.5103, 5104 to eliminate increase to Public Works Department Secretary from Part time to Full time. (2)

HEIMBUCH/WYTHE - SO MOVED TO AMEND TO DECREASE 200.400.5103, 5104 AND 200.500.5103, 5104 TO ELIMINATE INCREASE TO PUBLIC WORKS DEPARTMENT SECRETARY FROM PART TIME TO FULL TIME.

Discussion.

City Manager put forward what was needed.

This is an obvious need.

City is growing, Public Works work load is growing.

VOTE: (primary amendment 16.) YES: WYTHE, SHADLE, HEIMBUCH.

NO: STARK, NOVAK, McLAY.

MAYOR: TIE VOTE: NO.

Motion failed.

17. Heimbuch/Wythe - as amended

HEIMBUCH/WYTHE - MOVED TO REQUEST TO KEEP THE BULK WATER RATES IN THE 2006 BUDGET AT THE FY 2005 LEVEL, PAGE 25 OF SUPPLEMENTAL PACKET, NET INCREASE TO THE BUDGET OF $86,026 AND CHANGE.

There was discussion about the bulk water rates and about keeping the rates equal and fair.

City Manager Wrede pointed out that the water fund is an Enterprise Fund. He also emphasized that the $86,000.00 figure represents a loss.

Acting Finance Director Vaughn confirmed.

Discussion ensued.

WYTHE/HEIMBUCH - AMEND TO PROPOSE THAT THE RATE CALCULATION BE REDONE TO DEVELOP AN EQUAL LEVEL RATING BETWEEN BULK WATER RATES AND RESIDENTIAL DELIVERY, WITH THE UNDERSTANDING THAT WE ARE NOT GOING TO GET THAT TODAY, BUT WILL INSTRUCT THE ACCOUNTING DEPARTMENT TO COME UP WITH NUMBER AND DEVELOP IT INTO THE BUDGET.

That the Bulk Water Rates go down and the other rates go up so that these are equal.

City Manager Wrede inquired if the intent is that the bottom line, the cost per gallon is desired to be the same.

Councilmember Wythe affirmed.

Discussion ensued.

The loss, so to speak, would be made up in new services.

Not budget for a loss, but for a zero balance.

VOTE: (secondary amendment to primary amendment 17.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

There was no further discussion.

VOTE: (primary amendment 17. as amended.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

PORT AND HARBOR FUND:

18. Councilmember Wythe request: Amend to eliminate the increase to the Port and Harbor Secretary to full time, reduction in budget $21,759.00.

WYTHE/HEIMBUCH - SO MOVE TO ELIMINATE THE INCREASE TO THE PORT AND HARBOR SECRETARY TO FULL TIME, REDUCTION IN BUDGET $21,759.00.

Discussion:

This has been requested from the Port and Harbor for three years.

Port and Harbor is told that they can't have more staff but their work load can increase.

Port and Harbor is providing a whale of a service.

Suggest coming back at a later time regarding funding this position.

This is an Enterprise Fund and property taxes do not effect this Fund.

This position is essential to continuing services at the Harbor.

Councilmember Wythe reiterated her comments regarding hiring new personnel or increasing personnel hours, City wide.

VOTE: (primary amendment 18.) YES: HEIMBUCH, WYTHE.

NO: NOVAK, McLAY, SHADLE, STARK.

Motion failed

19. Councilmember Wythe request: Amend 400.601.5103 and 5104 to eliminate the Temporary Harbor Assistant I position, reduction in budget of $14,207.00.

WYTHE/HEIMBUCH - SO MOVED TO AMEND 400.601.5103 AND 5104 TO ELIMINATE THE TEMPORARY HARBOR ASSISTANT I POSITION, REDUCTION IN BUDGET OF $14,207.00.

Discussion.

Similar discussion points as with amendment 18.

This is a temporary position, no associated benefits.

This is a minimal expense.

VOTE: (primary amendment 19.) YES: HEIMBUCH, WYTHE.

NO: STARK, NOVAK, McLAY, SHADLE.

Motion failed.

There was no further discussion.

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

Motion carried.

General Fund [$8,994,441.00 ] $9,160,304.00

Water/Sewer Fund [$2,833,470.00] $2,856,012.62

Port/Harbor Fund [$2,939,597.00 ] $2,967,054.38

Capital Projects $3,494,767.00

Internal Service Fund $1,412,223.00

Total Expenditures $19,674,498.00 $19,890,361.00

ORDINANCE(S)

A. Ordinance 05-14(A), Of the City Council of the City of Homer, Alaska Amending Homer City Code Chapter 3.05, Budget to Add a New Section 3.05.046, General Permanent Fund. Wythe. (First Reading May 24, 2005, Public Hearing on June 13, 2005, Second Reading June 27, 2005 amended and deferred/moved to July 25, 2005,Referred to Six-Month Committee. Main Motion is on the floor as amended and referred to Committee on July 25, 2005. Committee Recommendations for November 14, 2005 as seen in Substitute, Postponed on November 14th, to December 12, 2005 to revise the Committee Substitute Main Motion as amended is back on the floor:)

A.1. Ordinance 05-14(A)(S), Of the City Council of the City of Homer, Alaska, Amending Homer City Code, to add a new Chapter 3.12, To Establish and Govern a Permanent Fund, and Amending Homer City Code Chapter 3.10, Investment and Collateralization of Public Funds to Add a New Section, 3.10.130 Relating to the Permanent Funds. Permanent Fund Committee with City Attorney revision. (Public Hearing November 14, 2005 Committee recommends Council adopt this Ordinance.)

A.2. Ordinance 05-14(S),

On November 14, 2005 Council postponed Action on ORDINANCE 05-14(A) UNTIL THE DECEMBER12TH MEETING FOR FURTHER LEGAL CONSULTATION.

Main Motion as amended is back on the floor: WYTHE/YOURKOWSKI - MOVED FOR THE POSTPONED TO JANUARY 23, 2006.

Mayor Hornaday noted that Councilmember Wythe was requesting postponement to January.

There was no discussion.

HEIMBUCH/WYTHE - SO MOVED TO POSTPONE ORDINANCE 05-14(a) TO JANUARY 9, 2006.

There was no discussion.

WYTHE/ - FRIENDLY AMENDMENT TO POSTPONE TO JANUARY 23, 2006.

There were no objections to the friendly amendment.

There was no discussion.

VOTE: (postpone to January 23, 2006.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Ordinance 05-17(A), Of the City Council Amending Homer City Code Chapter 21.68, Concerning Appeals Under the Homer Zoning Code and Enacting Section 21.30.030 to Authorize Setting Zoning Fees by Resolution. (First Reading October 10, 2005 and forwarded to the Planning Commission for Review and Public Hearing, Public Hearing November 14, 2005, Second Reading November 28, 2005 postponed to December 12, 2005 Main Motion as amended is back on the floor:)

Memorandum 05-188, from Planning.

Main motion as amended is back on the floor as postponed on November 28, 2005 for the City Attorney to review the amendments. McLAY/WYTHE - SO MOVED FOR THE ADOPTION OF ORDINANCE 05-17 FOR SECOND AND FINAL READING BY READING OF TITLE ONLY. STARK/SHADLE - MOVED TO AMEND LINE 102 PAGE 123 TO ADD, 4. GRANT OR DENIAL OF A CONDITIONAL FENCE PERMIT. (Per suggestion of the City Attorney in his memo to Council and then renumber rest. 4 to 5 and 5 to 6.) WYTHE/McLAY - MOVED TO AMEND LINES 87 AND 88 TO INCLUDE "APPROVAL OR DENIAL" , INSTEAD OF JUST BEING FOR THE DENIAL THAT IT WOULD INCLUDE THE APPROVAL OF THE PERMIT ALSO (21.68.015 1. and 2. of a zoning permit, of a sign permit.) WYTHE/NOVAK - I WOULD MAKE A SECOND AMENDMENT ON LINES 81 AND LINES 95 TO STRIKE TO STRIKE THE WORD "ONLY". HEIMBUCH/McLAY - LIKE TO OFFER THE FOLLOWING AMENDMENT ON PAGE 125 TO BE INSERTED AT THE LINE 160 ADDING A FOURTH NUMBER TO THOSE PEOPLE DESCRIBED IN 21.68.020 WHO MAY APPEAL, 4. WOULD READ: ANY PERSON WHO OBTAINS THE SIGNATURES OF THREE AGGRIEVED PEOPLE AS DEFINED IN SECTION C. OF 21.68.020 AND ADDING A FIFTH NUMBER, NUMBER 5. ANY PERSON PAYING A FEE OF $750 SUBJECT TO REFUND IF THE APPELLANT IS SUCCESSFUL ON ANY ASPECT OF APPEAL.

Mayor Hornaday noted that Council was requesting postponement to January.

There was no discussion.

STARK/WYTHE - SO MOVED TO POSTPONE ACTION TO JANUARY 9, 2006.

There was no discussion.

VOTE: (postpone to January 9, 2006) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

C. 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. $16,180,000.00 multiplied by the City's mill rate - 4.5 mills equals $72,810.00 in reduced City property tax revenue. (First Reading August 8, 2005, Public Hearing August 22, 2005, Second Reading postponed on September 26, 2005, to December 12, 1005, Main motion is on the floor.)

Main motion is on the floor as postponed on September 26, 2005: STARK/NOVAK - MOVED FOR THE ADOPTION OF ORDINANCE 05-42 BY READING OF TITLE.

There was no discussion.

STARK/SHADLE - MOVED TO AMEND SECTION 3 TO BE ONE JANUARY, 2007.

Councilmember Stark clarified that he did this to eliminate any impact to the 2006 budget, adding that he is not sure if he is in favor or against this Ordinance.

NOVAK/ - MOVED TO AMEND TO SAY $10,000.00.

Motion died for lack of a second, and the Mayor called it out of order at this time.

There was further discussion to consider postponing review until 2007 budget time.

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

NO: NOVAK

Motion carried.

HEIMBUCH/WYTHE/McLAY - MOVED TO POSTPONE THIS ORDINANCE UNTIL APRIL OF THIS COMING YEAR, FIRST MEETING IN APRIL.

NOVAK/ - FRIENDLY AMENDMENT TO JULY 1ST.

There was objection.

Mayor Hornaday did not accept the Friendly Amendment.

WYTHE/ - MOVED TO DEFER UNTIL THE FIRST MEETING IN OCTOBER OF NEXT YEAR WHEN WE ARE STARTING INTO BUDGET DISCUSSIONS.

This was accepted as a friendly amendment.

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

Motion carried.

D. Ordinance 05-63, Of the City Council of Homer, Alaska Amending Homer City Code Sub Section 21.42.030(a), under Zoning Permit Issuance and Denial to Eliminate Corps of Engineers Permits as a Condition for Issuing a Zoning Permit. Heimbuch. (First Reading November 14, 2005 Sent to Planning Commission for Hearing and Review, Public Hearing November 28, Second Reading December 12, 2005.).

Memorandum 05-185, from Planning Commission.

HEIMBUCH/WYTHE - MOVED TO ADOPT.

Discussion:

There was discussion that this was done as a courtesy to the Community, due to some expressed heartburn.

The City, obviously, had the authority to allow work in the lower value wetlands by the 1988 map, and that this authority does not exist now.

As it turns out no one in the Community rose to do anything about it, there was no testimony.

The Advisory Commission has no use for this Ordinance.

COE is working on a delineation for high and lower value wetlands.

It may or may not become appropriate to bring this back at some time this year.

Request that this go away.

HEIMBUCH/WYTHE - MOVED TO TABLE THIS ORDINANCE.

No discussion is allowed on a motion of this nature.

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

Motion carried.

F. Ordinance 05-65, Of the Homer City Council Amending Homer City Code Section 17.04.030(a) Improvement Districts--Formation and Assessment. McLay. (First Reading December 12, 2005, Public Hearing January 9, 2006, Second Reading January 23, 2006.)

Memorandum 05-186, from Councilmember McLay as backup.

McLAY/WYTHE - SO MOVED TO ADOPT ORDINANCE 05-65 FOR FIRST READING AND INTRODUCTION BY READING OF TITLE ONLY AND SET PUBLIC HEARING FOR JANUARY 9, 2006 AND SECOND READING FOR JANUARY 23, 2006.

There was no discussion.

NOVAK/WYTHE - MOVED TO AMEND ON LINE 17 WHERE IT SAYS PROPERTY, AND DEFINE IT A LITTLE CLEARER AND SAY PARCELS ARE DEFINED BY BOROUGH TAX RECORDS.

This application must be on a form provided by the City Clerk and contain the signature of the property owners of record of at least fifty percent of the parcels as defined by Borough tax records [property] [owners of record] in the proposed improvement district.

Discussion.

The amendment is not needed, this is what occurs now.

This is a moot point.

There was discussion about the ordinance in general.

Ensure that this is parcels and not properties or owners.

Objection was that each parcel gets a vote.

Rhetorically - What is the difference between a parcel and a property.

This amendment is not necessary.

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

Motion carried.

There was no further discussion.

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

Motion carried.

CITY MANAGER'S REPORT

A. City Manager's Report (Updates/Follow up: 1. UA President Hamilton reception and brief presentation, 2. Ordinance 05-17(A) Appeals, postpone to January 2006, 3. University/City Hall space needs study and planing for new City Hall, 4. Town Center Plan - Fred Meyer, 5. Heath Street Extension PWD drawings to DOT, 6. Parity Study/Salary and Benefits Survey, 7. Budget amendments and 8. Attachments - Memo regarding W. Hill waterline, Quiet Creek and Adams Drive improvement, HPD Dispatch services; December Employee Anniversaries - Mark Robl HPD 21 years, Will Hutt HPD 11 years, Jim Nelson PWD 7 years, John Berelc PH 6 years, Bryan Hawkins PH 6 years and Paul Meyer HPD 4 years; Library Budget regarding staffing request.)

City Manager Wrede drew attention to the memorandum from the Chief of Police regarding dispatch services and the two memoranda from Public Works regarding waterline extensions including a proposal for a water main line coming down West Hill Road and a partnership agreement with both Quiet Creek and Adams Drive. He encouraged the Council to read these and to let him know if any one wanted these discussed in more detail. He advised that he has a couple of things from KPB Assemblymember Millie Martin that the Assembly passed: 1- Resolution opposing mixing zones, 2 - Resolution urging DOT to take immediate action to address the dangerous conditions at Mile Post 166 - 169 of the Sterling Highway and 3 - a Resolution supporting the Sterling Highway reconstruction from Mile Post 157-169.

Councilmember Stark asked for the Manager to bring those items, first mentioned, of interest to the Council in the future.

There were no further comments.

B. Bid Report (Request for Proposals by the City of Homer, Alaska for the Design of Improvements to the Water Treatment Plant. Sealed are due by 4:30 p.m. January 10, 2006. Proposers must be on the City's Plan Holder's List.)

There were no comments.

C. Games Report (2006 Gaming Permit Applications - Homer Community Food Pantry filed November 22, 2005, KBBI - Kachemak Bay Broadcasting, Inc. filed December 1, 2005 with 2006 Pull Tab Vendor Registration, The Alibi for KBBI filed December 1, 2005, Homer Elks Lodge #2127 filed December 2, 2005 and West Homer Elementary filed December 5, 2005.)

There were no comments.

COMMITTEE REPORT

A. Road Standards Committee

There were no comments.

B. Public Arts Committee (Meeting Synopsis of November 17, 2005, Meeting Scheduled for December 12th at 11 a.m.)

There were no comments.

PENDING BUSINESS

None scheduled.

NEW BUSINESS

None scheduled.

RESOLUTIONS

A. Resolution 05-121, Of the City Council of the City of Homer, Alaska Amending the City of Homer Fee Schedule Regarding the Water Rates. City Manager.

B. Resolution 05-122, Of the City Council of the City of Homer, Alaska Amending the City of Homer Fee Schedule Regarding the Sewer Rates. City Manager.

C. Resolution 05-123, Of the City Council of Homer, Alaska Revising Certain Portions of the Port and Harbor of Homer Terminal, Tariff No. 600. City Manager.

D. Resolution 05-124, Of the City Council of Homer, Alaska Extending the City Attorney Contract with Perkins Coie for the Period of January 1, 2006 through December 31, 2006 in the amount of $7,650.00 per Month for Forty Five Hours and Authorizing the Mayor to Execute the Contract. City Attorney Contract. Mayor.

E. Resolution 05-125(S), Of the City Council Amending the City of Homer Fee Schedule Administrative and City Clerk Fees. City Clerk.

WYTHE/NOVAK - MOVED FOR THE ADOPTION OF ITEMS A - E REGARDING THE BUDGET WITH THE AMENDMENTS REGARDING THE BULK WATER RATES.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

F. Consent Agenda Item G. Resolution 05-132, Of the Homer City Council Providing Comments and Recommendations regarding the 2006-6007 Statewide Transportation Improvement Program. (STIP). Council. Manager. Recommend adoption.

Letter to DOT from City Manager

HEIMBUCH/NOVAK - SO MOVED FOR THE ADOPTION OF RESOLUTION 05-132 BY READING OF TITLE ONLY.

Discussion:

Objection to including Shellfish, the testimony from the affected neighborhood in objection to this road being constructed consumed the neighborhood during the Quiet Creek Subdivision hearings.

This is part of the City adopted Transportation Plan.

Development of this roadway is of concern.

The idea that rerouting East Hill traffic down through a whole set of premiere, long time subdivisions and local neighborhood to get people to the High School quicker is really anathemas to almost everyone who participated in the Quiet Creek proposed development including Mr. Neal, the developer.

The Heath/Anderson Extension has been prioritized as a way to enhance the traffic.

Councilmember Heimbuch advised that he intends to bring forward a Resolution that the City will not adopt or encourage a traffic plan that routes traffic like this.

This is an abridgement of all the public process that happened about Quiet Creek.

Comment about possible request to rescind the prioritization of the Heath Street Extension, Resolution 05-119 adopted November 28, 2005.

Long established since early 60s, that Shellfish went in as a concession to HEA to provide them access to power along there so that they could provide power to all the land that lies north and south of Shellfish to be developed into nice residences.

The idea that the City would route the East Hill traffic through Shellfish to Heath Street, instead of desperately needed modernizing the East Hill, East End Road intersection, from Paul Banks to the High Schools in almost inconceivable.

To parallel this to the Heath Street/Anderson extension is totally unacceptable.

This is a quantum change in the way our City is routing traffic, a major departure from the discussions.

Anyone going between East Hill and Homer would not go down all the way to East End Road, if Shellfish were in and they would take that short cut.

As soon as a cut off is created it will be used.

The whole purpose of arterials and secondary highways and local roads, to keep the through traffic on arterials rather than having this traffic zipping through the local roads.

It was not the intent of the City Manager to push the Heath Street Extension all the way around East Hill Road. It was clearly to go up to Anderson.

In the preliminary design plan this connection was made for discussion, simply because there has always been a recognized need for east west connections. Shellfish may not be the one.

All references to Shellfish were removed in the attached letter, but there is still a reference in the Resolution.

McLAY/NOVAK - MOVED TO AMEND LAST PARAGRAPH WHERE IT SAYS HEATH STREET EXTENSION TO ANDERSON AND SHELLFISH, TO DELETE SHELLFISH.

There was no discussion.

Heath Street Extension to Anderson [and Shellfish]: This project is very important to relieve traffic congestion and improve circulation, reduce impacts of through traffic on neighborhoods, and enhance public health and safety. This road extension must be planned and designed in conjunction with the Homer Intersections Improvements projects and the existing Heath Street Project. This project is nominated as a community roads project and if the State builds it to the City's urban road standards, the City will provide 50 percent of the construction cost and will own and maintain it after completion.

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

Motion carried.

There was no further discussion.

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

Motion carried.

List:

Completion of the Homer Spit Trail (TRAAK)

Main Street improvements / Pioneer to Bunnell

Paving and pedestrian enhancements / Ohlson Lane and West Bunnell Ave.

Heath Street. Improvements

Safety improvements on Mile 157 through Mile 169 of the Sterling Highway/

G. Consent Agenda Item H.(Added under Agenda Approval) Resolution 05-133, Of the City Council of Homer, Alaska Opposing the Alaska Department of Environmental Conservation's (DEC_ Proposal to Amend 128AAC70.240 to Allow Increased Pollution through use of Mixing zones in Alaska Salmon Streams. Mayor. Recommend adoption.

HEIMBUCH/WYTHE - MOVED TO ADOPT.

Discussion:

This is simply in line with what is going on in the State.

There are probably some situations where a simple mixing zone of simple dirt is not going to impact us.

DEC proposals and the state regulatory proposals do not address the limits of what is permissible in the streams and a lot of this has not been flushed out.

The resolution sends a message that Homer demands clarification. It is not enough to reassure us that there will be safe guards in place. This is straightforward language.

Other municipalities/jurisdictions have passed similar resolutions.

Opposition to mixing zones is an over reaction.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

COMMENTS OF THE AUDIENCE

Comments of the Audience on any matter.

Mark Landwehr asked if anyone read the information that he provided.

Mayor Hornaday stated that he scanned the information.

Mark Landwehr commented that maybe he should just skip it. He commented that recently there has been a lot of information about Homeland Defense and what not. He told the Council that he heard something about Sneak a Peak and that he is sure that the public would like to know more about this and also the Lone Wolf thing about Homeland Defense and how this is applied to the public and how this affects the public's right to due process. He asked if anyone had heard about Sneak a Peak. This is the ability for someone to peak into someone's life, to see if maybe there is something going on in there. The Lone Wolf is to keep an eye on those people who may be a problem in the future. These sort of ideas kind of go against a person's right to due process, to be accused of a crime before this has occurred. He advised that the information he brought in dealt with domestic violence against men, it dealt with a deal called a primary aggressor, another way to sort of change the scale of things. There are some people who are considered to be a primary aggressor so the law has to jump in on these instances. He distributed some information that he said he gave to the City earlier this week. He said that he will speak about this again at another time. There is a law designed to go after people that some people consider a lone wolf and that he does not think....... His time was up.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans was not present.

COMMENTS OF THE CITY CLERK

City Clerk Calhoun commended Homer News Media.

COMMENTS OF THE CITY MANAGER

City Manager Wrede wished all Happy Holidays and thanked the Council for their work, especially on the budget and that it was a pleasure to work with them on the budget, especially this year.

COMMENTS OF THE MAYOR

Mayor Hornaday thanked the council, staff and the public for their help on the budget. He wished all a very Merry Christmas.

COMMENTS OF THE CITY COUNCIL

Councilmembers McLay and Heimbuch had no comments.

Councilmember Shadle wished all a very Merry Christmas and hoped that everyone puts a real fresh Christmas Tree in their house.

Councilmember Stark stated that this is the only way to go with a fresh Christmas Tree and he wished everyone a Merry Christmas and a Happy New Year. He stated that he will certainly miss coming here every Monday for most of the day.

Councilmember Novak said, "I just want to say Happy Holidays."

Councilmember Wythe repeated the Merry Christmas Holidays and voiced her hope that everyone has a nice break as Council is off for three weeks.

Mayor Hornaday noted no further Council meetings for the rest of the year.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 9:07 by Mayor James C. Hornaday. Merry Christmas and Happy New Year. The next Regular Meeting is scheduled for Monday, January 9, 2006 at 7 p.m. and the next Committee of the Whole is scheduled for Monday, January 9, 2005 at 4 p.m. All meetings scheduled to be held in the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.



_____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Approved: __________________________

1. Which would require the budget to be reconsidered and further amended at that time, should Council approve this property tax exemption.

2. Regardless of how the motion read this is actually only an increase from 20 hours per week to 24 hours per week.