Session 06-15 a Regular Meeting of the Homer City Council was called to order at 7 p.m. by Mayor Pro Tempore McLay 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: McLAY, NOVAK, SHADLE, STARK, WYTHE.

STAFF: CITY CLERK CALHOUN

CITY MANAGER WREDE

ABSENT: MAYOR: JAMES C. HORNADAY, excused

COUNCILMEMBER: HEIMBUCH, excused

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

Council met as a Committee of the Whole from 4:01 to 5:08 p.m. Agenda items: Natural Gas Pipeline to Homer with a presentation from the Oil, Gas and Mining Liaison for the Kenai Peninsula Borough, Bill Popp, and Regular Meeting Agenda Items.

The Council conducted a Special Meeting from 5: 30 p.m. to 6:29 p.m. for the purpose of conducting an Executive Session regarding UA Negotiations and New City Hall and on the Ocean Drive Loop Bluff Erosion Control Assessment District Project (Seawall).

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 Pro Tempore McLay read the following agenda additions and changes: Written public comments and Agenda Changes are: Substitute Ordinances 06-27(S) and 06-39(S); and Resolutions 06-64(S), 06-66(S) with Memorandum 06-100 and 06-69(S), all under the Consent Agenda.

There were no comments on these changes and no other agenda changes.

WYTHE/SHADLE - I WOULD MOVE FOR THE ADOPTION OF THE AGENDA AS CORRECTED.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public Comments upon any matter on the agenda except Public Hearing Items: Ordinance 06-33,Appropriating $4,200.00 from the Sister City Reserve Account for 50th Anniversary Sister City International Conference, Ordinance 06-35, Accepting and Appropriating a Staying Connected Grant, Ordinance 06-36, Accepting Conveyance of Lot 1 Block 2 and Lot 2 Block 7 Fairview Subdivision Plat No. 56-2936, and Ordinance 06-37, Transferring funds for Animal Control Budget and Community Schools.

Valerie Connor addressed the Mayor Pro Tempore and City Council regarding Memorandum 06-92 and expressed her disappointment in not being nominated for reappointment to continue her service as a Planning Commissioner. She noted the following:

Ms. Connor questioned the wisdom of the Mayor in his choice to nominate two community members from the real estate industry, adding that she has nothing personal against either of them and commended them for their willingness to serve their community. She questioned the appropriateness of Realtors retaining seats on the Planning Commission and that the potential for conflicts of interest or the appearance thereof is too great to risk the integrity of the Planning Commission and the work entrusted to them. Ms. Connor questioned the process for making appointments, interjecting that in her opinion there are major flaws and that it has the appearance of back door dealings without the public scrutiny. She advised the Council that she had submitted her request for reappointment, no interview was requested and that she was never notified that she had not received a nomination for reappointment. She stated that she had to seek this information out for herself, which felt like a real disservice to her because of the time, effort and energy she has put into this work. She asked that the process be updated so that it is transparent, allows for public input and maintains an element of respect. She stated that it has truly been an honor for her to serve her community as a Planning Commissioner and that she has learned so much in the last couple of years. She advised that she has learned that this town is truly blessed to have such dedicated, honorable, intelligent and creative volunteers willing to devote so much of themselves to their community. She expressed the deepest respect for her fellow Commissioners who consistently uphold the highest standards of integrity, honesty, compassion and commitment. She voiced her hope that, as the Council deliberates on who will sit on the Planning Commission, the Council would ask themselves who is the most qualified candidate who will best represent the interest of the community as a whole, not just for today, but projecting into the future for that is the express purpose of planning. She thanked the Council for their service and for being willing to listen to what she has said tonight.

Bruce Hess, Vice Chair of the Planning Commission, read Fred Pfeil's letter into the Record:

Mr. Hess stated that he would like to say something as Vice Chair regarding Memorandum 06-92, the appointments to the Homer Advisory Planning Commission. He expressed disappointment that Valerie Connor has not been recommended for reappointment. Although the Mayor's duties and powers do not include having to reappoint a standing member of an advisory commission, it seems not doing so is highly unusual in Homer, especially when that person has been such a valuable and effective member and one who has expressed her willingness to continue to volunteer. He relayed his understanding that one of the only times in City history that a similar circumstance occurred that person not reappointed ended up being elected to the City Council in the very next election. He expressed his only hope that this is maybe the reason for the Mayor not recommending Valerie's reappointment and that if Mayor were here he would challenge him to list one thing that Valerie Connor has done while serving that would deserve her not being reappointed. He argued, that since she has been such an effective Commissioner that makes her the most qualified person wishing to serve. There are many political differences and philosophies in Homer and not all agree. He told the Council that one of the things that he has come to respect, that transcends those differences, is a willingness in serving as Commissioners or as elected officials. That above all else should be the main consideration when appointing someone to a commission, not political differences. This willingness is the one thing that is a proven commodity in Valerie. He stated that, while he does not know either of the Mayor's recommended appointments, he has come to know Ms. Conner over the course of the time she has volunteered and she has proven herself to be committed to being an effective Commissioner, that she comes to each meeting fully prepared proving she has studied her entire packet and has proven herself to be open minded on each decision she makes. She has invested time and commitment to become an effective Commissioner and the City has invested time and money in her as well. He stated that he is sorry, but Mayor Hornaday's decision, in his opinion, is very wrong and musts be coming from a position of misunderstanding of the value of service that a person like Valerie brings to the City. If it's not broke don't try to fix it. He thanked the Council.

Hope Finkelstein advised the Council that she is present in response to the nomination process for the Planning Commission. She expressed support for Valerie Connor and noted that she is not a City resident and that she lives out at Fritz Creek. She emphasized that she is very active in the Community of Homer and the whole regional area and that she knows how effective Ms. Connor's presence in the Planning Commission has been, that she has seen her work and that she has heard it all throughout the Community. She stated that Ms. Connor has been representative of many voices who believe very strongly speaking for the trees, for the land and for the water. Those voices are often left unsaid, but if the voices are silenced these will not be seen any more. She acknowledged that there are many different opinions, but it is very valuable. Many people have not been able to come to this meeting tonight. Ms. Finkelstein asserted her knowledge that she represents others that know Valerie's voice represents many and that they need to do what they can to have that kind of voice represented on the Planning Commission and to share, not just what she believes, what she has learned and hears. She reported that Ms. Connor has been involved with many kinds of volunteer committees and has sought out different ideas from people. She encouraged the Council to reconsider Mayor Hornaday's recommendation for the nomination for the Planning Commission. She thanked the Council for their time.

Arn Johnson, 1390 Hillside Place in Homer and is a City resident, spoke on Resolution 06-65, specifically the completion and finalization of Hillside Acres water and sewer local improvement district. He addressed City Ordinance 17.04.095(c)(d) terms of payment and 17.04.180 subdivided property connection fees. He noted that he has written a number of letters to the City and Council members regarding his concerns: 1. The LID was voted on and formed prior to these ordinances. A precedence was already set on the Forest Glen LID with Roger Imhoff and Phil Needham. The City let these mini subdivisions rescind back to the old rules even after the new ordinances were already in place. He requested, due to the precedence that was set, that his property be classified the same, that the new ordinance should not be binding upon his future subdivision, within Hillside Acres LID, and asked for the same consideration. 2. The facts that both Forest Glenn and Hillside Acres LIDs were formed prior to the new ordinance. The Forest Glenn Sewer and water improvements were done that year, and Hillside Acres is now three years out. Mr. Imhoff and Mr. Needham applied for and were granted, by the City, a grandfather under the old rules and that he is asking for the same consideration. To say that the timing of the Imhoff and Needham plat submittal exempts them and not the Johnsons is biased and unfair due to the timing of the work being performed. If the Imhoff/Needham plats were submitted and approved prior to the City's acceptance of the work being completed for the LID then their lots should have been accessed with the district. If the Imhoff/Needham request was approved after the LID was approved by the City, then the rules were already changed and they were grandfathered in the same as for which the Johnsons are asking. Mr. Johnson stated that he is not asking to subdivide into two or three parcels, where they just tie into the existing water and sewer with no additional costs, that they are planing on putting in a full subdivision with trunk sewer and water lines, a road, and electricity and phone lines. If they are assessed for every lot that is broken out it will be monetarily unfeasible to subdivide. Mr. Johnson noted that they will have costs of building the subdivision and will then be assessed on top of that, which will mean that they would be paying more for the assessed lots than other members of the LID. The City of Homer is losing out on a win/win situation and if the City would allow the lots to be subdivided without an astronomical cost, there would be additional tax based revenues by the homes that would be built in these subdivisions. The building of homes would create jobs, plus the City would be making more revenue with the water and sewer hookups. He emphasized that they are asking, as in the prior two letters, that for their future subdivision in Hillside Acres to be grandfathered in under the old rules with one assessment per exiting lot, so that they can afford to build a subdivision. He thanked the Council.

Rika Mouw, a concerned City resident, expressed wholehearted support of Ordinance 06-31 and thanked the Mayor Pro Tempore for bringing this up. She addressed the recent process for filling the Planning Commission positions and that only one new Commissioner is needed since one of the current Commissioners is seeking reappointment. This comes at a time with the understaffed Planning Department and Commission are tasked with an unusual number of challenging issues from the Comprehensive Plan, Gateway zoning, considerations of new Town Center, new large developments and a record number of Subdivisions. It seems like an inopportune time to replace a dedicated, experienced Commissioner with an experienced appointment, especially when it is not necessary. The Planning Commission is an advisory board from which the Council is able to gain added input on challenging growth and development issues. To appoint two totally new members at once means the City will lose nearly 30% of the history and experience on the Commission, further burdening the other Commissioners as well as the understaffed Planning Department. She told the Council, as they well know, that it takes a good amount of time and support by others for a new Commissioner or Councilmember to get up to speed. She asked the Council if this is really in the best interest of the City to push for this if it is not necessary? She commented about considering real estate agents for positions on the Planning Commission, although the real estate community has much valuable input on planning issues, interjecting her belief that real estate agents have an inherent conflict of interest when serving as Planning Commissioners. Decisions to approve subdivision proposals will give them more inventory to sell resulting in financial gain each time they receive a commission for selling lots in projects, for which they have approved. Zoning considerations and standards, such as infra structure, required for developers will impact the price of the properties that they will then be able to sell, again creating conflict when they go to sell those properties. To avoid conflicts of interests real estate agents should recuse themselves from discussions and votes on new subdivisions as well as many zoning issues. They clearly stand to receive financial benefits for such votes. She stated that she is doubly concerned about the Council considering not one, but two real estate agents for new positions on the Planning Commission. If the current Planning Commissioner is dedicated and doing a commendable job, is appointed to serve on the Town Center Task Force for the City, works well with the rest of the Commissioners, has no vested interest in one segment of the community and wants to continue to serve on the Commission; then what is the wisdom of discontinuing that service? Is it really in the best interest of the City? It is unusual to not reappoint a conscientious Commissioner who is willing to continue to serve. Ms. Mouw stated that she wonders what process brought about the dismissal of an experienced and valued Commissioner. She told the Council that she truly thinks that the Community and Council are better served by someone that has experience in serving on the Commission. She urged the Council to postpone the approval of two brand new Planning Commissioners at the same time and that the Council consider reappointing the more experienced applicant who is willing to serve another time. She thanked the Council.

George Matz, resides at 8.5 mile East End Road, expressed support for Ordinance 06-31, entitled Bear Attraction Nuisances. Nearly everywhere in Alaska it is bear country, a distinction no other state has, which presents both an opportunity and a dilemma. On one hand bears are Alaska's most valued species of wildlife from the perspective of either wildlife viewing or hunting; on the other hand every year bears cause property damage and injure people. So how to improve on the opportunities but minimize the threats? How can conflicts be avoided between people and bears? He reported that in 1998, when he was living in the bear valley area of Anchorage, he organized what became the first Alaska Bear Festival, which was held in Soldotna and co sponsored by five agencies, thirteen conservation and sportsman organizations and nine businesses. The success of this festival lead to another festival the following year in Anchorage and then five more including one held in Homer in 2003. Each festival included a presentation by prominent authorities on bears as well as panel discussion and films. A topic of major interest at each festival was reducing conflict between bears and people. The solution consistently voiced by experts is to avoid situations where bears become conditioned to food provided by humans whether garbage, pet food or even bird food. Bears that become food conditioned are likely to become more persistent in their pursuit of an easy meal and perhaps aggressive, often leading to defense of life or property situations. As the saying goes a fed bear is a dead bear. Many communities in Alaska as well as the lower 48 are now taking action such as passing Ordinances similar to Ordinance 06-31, to reduce conflicts between bears and people. Homer is progressive in taking this action, it is in no means by itself. Homer has an extra special reason for reducing conflicts between bears and people within its City limits, being a prominent gateway for some of the most spectacular bear viewing in the world and can rightfully consider itself as the bear viewing capital of the world. Most of the bear viewing is done in nearby state and national parks and refuges. It would be inconsistent for the City to welcome these business opportunities, but not recognize its responsibility in reducing bear/human conflicts within City limits. Passing Ordinance 06-31 would be a major step in this direction. He thanked the Council for this opportunity. He commented on the Planning Commission reappointment of Valerie Connor and endorsed it.

Elizabeth Wasserman, resident of Anchor Point who works and buys all her basic needs in Homer, voiced support of Ordinance 06-31. 1. The Ordinance underscores the serious issue of bear encounters in residential areas. 2. The Ordinance acknowledges that human behaviors are part of the problem and that by changing behaviors it can help make the communities safer for people and wildlife. She stated that as an educator she would like to think that a little more education is all that is needed, but an Ordinance like this will certainly make the point a little clearer. 3. She is really proud of Homer being the second City on the Kenai Peninsula to adopt such an Ordinance, this really shows leadership in this area. As a resident outside the City, she expressed her hope that the Council's stepping forward is going to get a snowball rolling that will, hopefully, result in this issue being addressed borough wide. She commented being at Safeway a few minutes before she came here and that she found something that underscores her point, the cover of the Peninsula Clarion which shows that the Peninsula is in a bit of a double mindedness about wildlife: Both marketing wildlife and killing it at the same time. She thanked the Council.

Jeanne Parker, City resident, commented on the reconsideration of not nominating Valerie Connor for the Planning Commission and that she was livid. She told the Council that they all know how hard it is to get people to volunteer their time and that it is hard for her to give up what she was planning to do to come and speak to the Council. Here is someone who has put in time and energy and passion and hard work and been trained up and worked hard and done nothing wrong and expressed the interest of being renominated. Then for no apparent reason, but the reasons that jump to mind that seem very underhanded as far has putting two realtors on the Commission, two new realtors instead of valued community member who has decided that this is a way she can really put her time and energy in. Ms. Parker stated that Ms. Connor has done nothing wrong or biased just gone to all of the meetings and worked hard. It is a like slap in the face, I'm sure to her it is a slap in the face and to anyone else who might have considered volunteering their time to go on a Commission. To put ones heart out, time and energy and then just be dismissed when willing to continue. She expressed her hope that the Council will take a serious look at this and the message that it sends out and just the morality of the whole decision. She thanked the Council.

Roberta Highland spoke to Memorandum 06-92 and that she has concerns that Rika Mouw brought up rather well, regarding realtors on the Commission, that there does seem to be a real easy thing to have conflict of interest. She stated that Valerie O'Connor (2) has done a wonderful job and has been committed to the Planning Commission, been a valuable member of this very important group. The Planning Commission is so important at this time that to not continue someone who is willing to do the job and who has the experience it just seems like a very bad idea. Ms. Highland expressed her preference to have Valerie reappointed and for the Council to think long and hard about having a realtor on the Commission. She also expressed support for Ordinance 06-31, that the other commenters have done really well, that there were some good articles in the paper this past week and the support in the poll, 71% in favor, and the Homer editorial was very supportive. She asked for Council's support adding that this is a really good beginning.

Thomas McDonough, City resident and employee of the Alaska Department of Fish and Game as a wildlife biologist, spoke on the Bear Attraction Nuisance Ordinance. He advised that he, along with the Homer Police and Troopers, gets the calls when people are having bear problems. He commented on the Council being gracious to grant his colleague, Larry Lewis, a lot of time to speak about the program he started in Kenai, the Wildlife Conservation Community Program. He reported that Homer had the highest number of bears killed in defense of life and property, per capita, in the state last year; nine bears. No bears were killed within the City limits and that might be due to the existing Ordinances, no discharge of fire arms, no hunting. Suffice it to say there were many bear problems within the City limits: East Hill to West Hill, Ocean Drive, behind the Best Western Bidarka and pretty much throughout the City. He informed the Council that this year, already, he has, along with other reports, received two reports of bears actually breaking into homes: One guy returned later to find that the bear had ripped up his house. The other guy returned to find the bear in his kitchen, thankfully this did not result in any attack, the bear ran the other direction through a window. He noted that this sort of aggressive and bold behavior by bears is due to chronically getting into garbage and foraging around humans and human residences. The main purpose, he stated that he believes, in this proposed ordinance is not a conservation issue, per se, although one of the benefits, it is a public safety issue. He expressed his belief that this is a good first step, because the Department of Fish and Game intends to take the model developed in Kenai and bring that to Homer. Mr. Donough advised that Larry Lewis has sought and acquired outside funding to purchase bear resistant garbage containers in bulk and that in Homer they are in the process of trying to do that same thing to allow Homer residents to buy bear resistant containers at a really reduced rate to make it easy for them. He advised that they are also going to start a really big education program so that people learn more about bears, know the repercussion when garbage is left out that bears can access and to know what can be done to eliminate and secure those attractions. He concluded by giving his support of this Ordinance 06-31 and thanking Mayor Pro Tempore McLay for bringing this forward and the Council for considering it.

Debbie Poore, City resident, spoke in regards to the changes in the Advisory Planning Commission. She noted that for two years Valerie Connor has been serving on the Commission and that she, Ms. Poore, is saddened that she has not been reappointed, adding that her focus, expertise and experience will be greatly missed. She voiced her thought that the Council has heard eloquent testimony to that tonight. She stated that the community is in the position of making decisions about development that need to service well for the next thirty years, and more. There are successful approaches to long range development, which increase economic development and property values and still enhance the community. She noted that "we" need to continue to make this town successful and to make it a place where "our" children will want to live and where they will be able to make a living. She voiced her opinion that the key to a healthy and beautiful town is long range planning that includes aesthetic and thoughtful development. She expressed her true hope that the new Planning Commissioners will be as dedicated to the healthy progress of "our" town as Valerie Connor has. She thanked the Council.

Bryan Zak stated that he volunteered to be on the Planning Commission and, after hearing the support for Valerie Connor, that he never realized he was coming into such a volatile opportunity. He commented, just on the defense of Realtors, expressing that Realtors do know a lot about communities. He reported living in Reston, Virginia and having served on Covenants Committee as President and that he does know what it takes to plan a community for the future. He advised that he has served on Condo Association Boards in Town Homes and that he has owned property in Homer since 1998 and has lived here for two years. He expressed his love for Homer, for the beauty, that's what Homer is all about. He relayed that Sharon Minsch is a fantastic person with a lot of Community service background. He told the Council that if he and Sharon do get an opportunity to serve that they look froward to serving well and serving the community.

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 May 22, 2006 Regular Meeting. City Clerk. Recommend approval.

B. Approved under Agenda Approval: Ordinance 06-27(S), Of the Homer City Council Amending the FY 2005 Budget by Authorizing the Transfer of $81,482.69 from Public Works Administration to Public Works Reserves for the Pole Barn Construction and Amending the Pole Barn Construction Budget Accordingly. City Manager. Fiscal Note: Amending the FY 2005 Budget Transfer Funds from Public Works Administration Account 100.170.5990 $81,482.69 to the Public Works Department Reserves for the Construction of the Pole Barn via Account, 156.395.4992 and amending that total budget from $100,000.00 to $181,482.69. Recommend introduction and conduct Public Hearing and Second Reading on June 26, 2006.

C. Ordinance 06-34, Of the City Council of the City of Homer, Alaska, Accepting Donated Property, Kenai Peninsula Borough (KPB) Tax Parcel Numbers 179-390-0300--179-390-0700, and Designating its use for Public Purpose and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Title Insurance $250.00 from Account 100.110.5210. Recommend introduction and conduct Public Hearing and Second Reading on June 26, 2006.

D. Ordinance 06-38, Of the City Council of Homer, Amending the FY 2006 Budget by Transferring $31,071.04 from the 2006 Animal Shelter General Fund Budget to the Animal Shelter Construction budget and Transferring $4,105.49 from the 2006 Parks and Recreation Reserves to the Karen Hornaday Park Construction Account. City Manager. Fiscal Note: Transfer of $31,071.04 from Animal Shelter Account 100.165.5990 to Animal Shelter Construction Account 151.728.4992 and Transfer of $4,105.00 from Parks and Recreation Reserves Account 150.385.5990 to Karen Hornaday Park Construction Account 151.787.4992. Recommend introduction and conduct Public Hearing and Second Reading on June 26, 2006.

Memoranda 06-102, from City Manager.









E. Approved Agenda Approval: Ordinance 06-39(S), Of the City Council of Homer, Alaska Approving the Creation of a Community Schools Division within the Department of Administration, Authorizing Administration of the Community Schools Program by the City and Submitting a Ballot Proposition to Approve Such Changes Beyond June 30, 2007 to the Voters at the Regular Municipal Election on October 3, 2006. City Manager. Fiscal Note: Estimated Annual Budget $125,000 including user fees. Additional cost of adding to the Ballot and to election notices. Recommend introduction and conduct Public Hearing June 26, 2006 and Second Reading on July 24, 2006.

Placed under Ordinances as Item B.

F. Ordinance 06-40, Of the City Council of Homer, Appropriating funds in the Amount of $135,500.00 from Homer Accelerated Water and Sewer Program (HAWSP) for Installation of the Paintbrush Street Booster Station and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Funding Source HAWSP to Expenditure Account 153-375, Installation of Paintbrush Street Booster Station in the amount of $135,500.00. Recommend introduction and conduct Public Hearing and Second Reading on June 26, 2006.

Memorandum 06-96, from Public Works as backup.

G. Resolution 06-63, Of the Homer City Council Expressing Its Continued Strong Support for the Homer Deep Water Dock Construction Phase II Project and Its Intent to Place a Bond Proposition in the Amount of Two Million Dollars on the October 2007 Regular Election Ballot instead of the October 2006 Regular Election Ballot as Authorized by Resolution 05-111. City Manager. Fiscal Note: Two Million Dollars in Bond Payments plus interest over 20 or 30 years. Recommend adoption.

H. Approved under Agenda Approval: Resolution 06-64(S), Of the City Council Amending the City of Homer Fee Schedule Public Safety/Fire Department/Ambulance Fees for Basic Life Support (BLS), Advanced Live Support (ALS), Transport, Mileage and Medevac Rates. City Manager. Fiscal Note: Revenues, amount not defined. Recommend adoption.

Memorandum 06-91, from Fire Chief as backup.

Placed under Resolutions as Item B.

I. Resolution 06-65, Of the City Council of Homer, Alaska Noting Public Works Acceptance of the East End Road (portion) Sewer, East End Road Water and Sewer, Hillside Acres Water, Hillside Acres Sewer and Thompson Drive Sewer Assessment/Improvement Projects, Accepting these Improvements for City Maintenance and Forwarding these Assessment Districts to Final Assessment Roll and Payment Process and Setting a Public Hearing Date of July 24, 2006. City Clerk. Fiscal Impact: 50% HAWSP and 50% property owner assessments, See whereas clauses. Recommend adoption.

Memoranda 06-97, 98, 99, from Public Works.

J. Approved under Agenda Approval: Resolution 06-66(S), Of the City Council of Homer, Alaska Awarding the Contract for the Ocean Drive Loop Sewer Improvement Project to the Firm of Herndon Construction, LLC of Homer, Alaska in the Amount of $843,771.40 and Authorizing the City Manager to Execute the Appropriate Documents. Deputy City Clerk. Fiscal Note: Budgeted in Acct. 215-826: Loan; Accelerated Water and Sewer Program; Property Owner Assessments. Recommend adoption.

Memorandum 06-100, from Public Works as backup.(Submitted with substitute Resolution.)

K. Resolution 06-67, Of the City Council of Homer, Alaska Supporting and Encouraging the Extension of a Natural Gas Main Line to Homer. Shadle. Recommend adoption.

Placed under Resolutions as Item A.

L. Resolution 06-68, Of the City Council of Homer, Alaska Establishing a Parks and Recreation Policy Regarding Naming of Municipal Park and Recreation Facilities. City Manager. Parks and Rec. Commission. Recommend adoption.

Memorandum 06-95, from Parks and Recreation Commission.

M. Approved under Agenda Approval: Resolution 06-69(S), Of the Homer City Council Authorizing the City Manager to Issue a Credit Card to the City Clerk's Office for Mayor and Council's Travel Arrangements, by June 26, 2006. Shadle. Recommend adoption.

N. Resolution 06-70, Of the Homer City Council Requesting that the Alaska Department of Transportation Rebuild and Upgrade Main Street from Pioneer Avenue to Bunnell Avenue as soon as Possible in Exchange for the City Assuming Ultimate Ownership, Maintenance and Operations Responsibility. City Manager. Fiscal Note: Long term maintenance costs to be determined. Recommend adoption.

O. Resolution 06-71, Of the Homer City Council Requesting that the Alaska Department of Transportation and Public Facilities Commence Work on the Homer Intersections Improvement Project for the Heath Street and Lake Street Intersections with Pioneer Avenue as soon as possible and Assist the City with the Extension of Heath Street. City Manager. Fiscal Note: Construction costs to be determined. Maintenance and operations costs. Recommend adoption.

P. Resolution 06-72, Of the Homer City Council Requesting that the Alaska Department of Transportation Complete the Homer Spit Trail from the Nick Dudiak Fishing Lagoon to and including End of the Road Park. City Manager. Fiscal Note: 25% of Construction costs to be determined. Maintenance and operations costs for trail and about 1 mile of road. Recommend adoption.

Q. Memorandum 06-92, from Mayor, Re: Appointments of Sharon Minsch and Bryan Zak to the Homer Advisory Planning Commission. Recommend confirmation.

Placed under New Business as Item B.

R. Memorandum 06-93, through City Manager, Re: CIP List Development. Recommend approval.

Placed under New Business as Item A.

S. Memorandum 06-94, from Deputy City Clerk, Re: Liquor License Renewal for Finns. Recommend voicing non objection and approval.

Councilmember Stark requested that Item R. be placed under New Business as Item A.

Councilmember Wythe requested that Item K. be placed under Resolutions as Item A.

Councilmember Novak requested that Item Q. be placed under New Business as Item B. and that Item D. be placed under Ordinances as Item B.

Councilmember Shadle requested that Item H. be placed under Resolutions as Item C., actually B. and under Resolutions was called for first.

WYTHE/SHADLE - SO MOVED FOR THE APPROVAL OF THE CONSENT AGENDA EXCEPTING THOSE ITEMS JUST PULLED.

There was no discussion.

VOTE: (excluding the above removed items) YES: NON OBJECTION. UNANIMOUS CONSENT

Motion carried.

VISITORS

None Scheduled.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

None Scheduled. Mayor Pro Tempore McLay called for a recess at 7:53 p.m., reconvening the meeting at 7:59 p.m.

PUBLIC HEARING(S)

A. Ordinance 06-33,Of the Homer City Council Amending the FY 2006 General Fund Operating Budget by Appropriating $4,200.00 from the Sister City Reserve Account for Costs Associated with the 50th Anniversary Sister City International Conference Authorizing Travel for a Councilmember and Assisting a Homer Student in Expenses for Exchange Student to Sister City Yelisovo, Russia Costs. Mayor. Fiscal Note: Revenue and Expenditure Account 156-399 Sister City Reserve Fund $4,200.00 for the Sister City International 50th Anniversary $4,000.00 and Lindsay Henkelman $ 200.00 Exchange Student to Yelisovo, Homer's Russian Sister City. First Reading May 22, 2006, Public Hearing and Second Reading on June 12, 2006.)

There was no public testimony.

WYTHE/SHADLE - MOVED FOR THE ADOPTION OF ORDINANCE 06-33 BY READING OF TITLE ONLY.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Ordinance 06-35, Of the City Council of Homer, Alaska Accepting and Appropriating a Staying Connected Grant from the Alaska State Library in the Amount of $1,300.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Library. Fiscal Note: Revenue Account 151-722-4520 Staying Connected Alaska State Grant Expenditure Account 151-722-5901 Equipment $1,300.00 (First Reading May 22, 2006, Public Hearing and Second Reading on June 12, 2006.)

There was no public testimony.

STARK/SHADLE - MOVED FOR THE ADOPTION OF ORDINANCE 06-35 BY READING OF TITLE.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

C. Ordinance 06-36, Of the Homer City Council Accepting Conveyance of Lot 1 Block 2 and Lot 2 Block 7 Fairview Subdivision Plat No. 56-2936, Homer, Recording District from the Kenai Peninsula Borough and Extending the Term of the South Peninsula Hospital Lease to 99 years. City Manager. (First Reading May 22, 2006, Public Hearing and Second Reading on June 12, 2006.)

Sandy Stark, City resident and on the South Peninsula Hospital Service Area Board, thanked the Council and administration for all of the help they are giving to keep the hospital strong and viable here in the Homer area. This is one example of the type of things where there was a problem, but folks in the administration helped to figure out how to solve it. She expressed her appreciation and urged the Council to adopt the Ordinance. She thanked the Council.

Councilmember Stark interjected that Colonel Stark is the Vice Chairman of the Service Area Board and expressed his hope that she plans to be on the Service Area Board for the extent of the lease, 99 years.

Colonel Sandy Stark replied, "No, I only have a year."

WYTHE/SHADLE - I WOULD MOVE FOR THE ADOPTION OF ORDINANCE 06-36 BY READING OF TITLE.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

D. Ordinance 06-37, Of the City Council of Homer, Amending FY 2006 General Fund Operating Budget by Transferring $25,319.00 to the Professional Services Account for the Animal Control Budget and Setting up an Account for Community Schools and Transferring $50,000.00 to the Account. City Manager. Fiscal Note: in tables that follow:

Account No. From Account No. To Amount
100.165.5202 Supplies 100.165.5210 Professional Services $375.00
100.165.5206 Food 100.165.5210 Professional Services $1744.00
100.165.5236 Transportation 100.165.5210 Professional Services $600.00
100.165.5237 Subsistence 100.165.5210 Professional Services $600.00
100.165.5603 Training 100.165.5210 Professional Services $2000.00
152.398.5990 Fleet Reserves 100.099.4992 General Fund Transfers $20,000.00

New Accounts:
Account No. Amount
100.115.5101 Regular Employees $19,708.00
100.115.5102 Fringe Benefits $13,470.00
100-115-5103 Part-Time Employees $9,000.00
100-115-5104 Fringe Benefits P/T $1,722.00
100-115-5202 Operating Supplies $9,050.00
100-115-5216 Postage $1,500.00
100-115-5223 Liability Insurance $3,250.00
100-115-5210 Professional Services $7,000.00
100-115-5215 Communications $300.00

Anticipated Revenue:
Account No. Amount
Community Schools Class Fees 100.035.4614


(First Reading May 22, 2006, Public Hearing and Second Reading on June 12, 2006.)

There was no public testimony.

NOVAK/WYTHE - MOVE FOR THE ADOPTION OF ORDINANCE 06-37 BY READING OF TITLE.

Mayor Pro Tempore McLay noted that there were lots of seconds.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

ORDINANCE(S)

A Ordinance 06-31, Of the City Council Enacting a New Chapter 5.38, "Bear Attraction Nuisances" of the Homer City Code Prohibiting the Creation or Maintenance of a Bear Attraction Nuisance and Establishing Penalties for Violations. McLay. (First Reading May 8, 2006, Public Hearing May 22, 2006, Second Reading June 12, 2006.)

NOVAK/SHADLE - MOVED FOR THE ADOPTION OF ORDINANCE 06-31 BY READING OF TITLE.

Comments of the Council: Mayor Pro Tempore McLay was congratulated on bring this Ordinance forward, that this is a great service to the community.

Appreciation was expressed to former Councilmember Yourkowski, who put this whole Ordinance together last fall, but was never able to get it to the floor.

This is a good thing, a starting point and that the desire is to end up with a wildlife friendly community. For humans to cohabit with wildlife in a safe manner.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Consent Agenda Item E. Substitute Approved under Agenda Approval: Ordinance 06-39(S), Of the City Council of Homer, Alaska Approving the Creation of a Community Schools Division within the Department of Administration, Authorizing Administration of the Community Schools Program by the City and Submitting a Ballot Proposition to Approve Such Changes Beyond June 30, 2007 to the Voters at the Regular Municipal Election on October 3, 2006. City Manager. Fiscal Note: Estimated Annual Budget $125,000 including user fees. Additional cost of adding to the Ballot and to election notices. Recommend introduction and conduct Public Hearing June 12, 2006 and Second Reading on June 26, 2006.

NOVAK/WYTHE - MOVE FOR THE INTRODUCTION OF ORDINANCE 06-39(S) BY READING OF TITLE.

Comment about changing the wording of the ballot question to make sure that it is clear and that people understand what it says.

NOVAK/WYTHE - PROPOSE A CHANGE TO THE BALLOT IN SECTION 3. THE FIRST SENTENCE SAYS, FINAL PART IS, THE BALLOT PROPOSITION SHALL READ AS FOLLOWS: SUBMIT THAT WE CHANGE THAT TO READ AS FOLLOWS: THE CITY OF HOMER HAS CREATED A DIVISION OF COMMUNITY SCHOOLS WITHIN THE DEPARTMENT OF ADMINISTRATION AND HAS ASSUMED FINANCIAL AND ADMINISTRATIVE RESPONSIBILITY FOR THE COMMUNITY SCHOOLS PROGRAM THROUGH JUNE 30, 2007. SECOND SENTENCE SHOULD READ: SHOULD THE ASSUMPTION OF THE COMMUNITY SCHOOLS PROGRAM BECOME PERMANENT AFTER JUNE 30, 2007? THAT IS THE BALLOT QUESTION, PREVIOUS SENTENCE BEING THE STATEMENT OF FACT.

(Wording prior to amendment: Shall City of Homer Ordinance 06-39(s) become effective to create a division of Community Schools within the Department of Administration and shall the City of Homer assume financial and administrative responsibility for the Community Schools Program beyond June30, 2007?")

City Manager Wrede responded to Council inquiry that he needs to think about this a little bit, that the City Attorney should be consulted, and that the City Attorney has already reviewed the current question. He expressed agreement that the desire is for a ballot proposition that is as clear as possible and for the voters to know what a yes vote means and what a no vote means. He noted that the current question is legally correct and all the bases have been covered, but the question is regarding the clarity to the voters. He requested time to think about this and for Attorney review.

Council discussion regarding the amendment: This current question is a one line question. but having in part of the Question be Ordinance 06-39(S) begs the printing the entire content of that Ordinance in the literature or on the ballot or however, so that people know what Ordinance 06-39(S). The amendment is clearly stated as this is the fact and this is the question.

City Manager was asked as to how timely necessary this is to accomplish this Ordinance and he responded that the City Clerk has a deadline.

City Clerk Calhoun responded that the final question is needed by 5 p.m. on August 15th.

STARK/WYTHE - SO MOVED TO POSTPONE TO THE JUNE 26TH MEETING. (3)

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

It was clarified by the Mayor Pro Tempore and Council that this amendment is to be forwarded to the City Attorney for review, change, perhaps some alternatives and to provide comment.

CITY MANAGER'S REPORT

A. City Manager's Report (Updates and Follow up: 1. Wetlands Delineation for Town Center: Working with CIRI and the Kachemak Heritage Land Trust to get a wetlands delineation done on all of the remaining lands in the Town Center outside of the Fred Meyer Development. CIRI is taking the lead to hire a contractor (HDR) and the City and the Land Trust will then pay for their proportionate share of the work. HDR is the company that did the work for the Fred Meyer site delineation. Hope to get a comprehensive and integrated work product. The City's cost is about $7,000.00. No funds specifically budgeted for that purpose, there may be suitable funds from other engineering and professional services budgets. This work must be done before we can begin to map out the development of the remainder of Town Center and look at specific sites for a new City Hall. The Council authorized this work. 2. Implementing Transportation Plan: The on-going discussion about road construction and alignment in the Town Center creates thought about long term traffic patterns and circulation in the downtown core. It is very important to keep the transportation plan in mind when making planning decisions to not create gridlock in future years as the town continues to grow. Council should take a serious look at setting up a program to acquire properties or road rights of way that are available and are missing pieces or links in the planned transportation network. It will be much more expensive and difficult to acquire these properties later. Recommend that Staff come up with a preliminary list of properties for discussion purposes. 3. PRV Station: Island View Court: The City is presently replacing Pressure Reducing Valve stations around the water distribution system. There is one that is plainly visible from town just above Island View Court. The Housing around the station is white and the vegetation around it is disturbed. The plan is to hydroseed the area and re-vegetate the disturbed areas. Public Works plans to place camouflage over the white building. Hopefully, this station will not be plainly visible from after a month or so. 4. Community Schools Program: Moving forward. Have completed the recruitment and interview process. Mike Illg was offered and has accepted the Community Schools Coordinator's job for a one year period. Work continues with the School District to come up with a final Agreement for Joint Use of Equipment and Facilities that the Council can consider. This Agreement will be before you at the next meeting. See Ordinance 06-39 on the Consent Agenda. 5. Homer Airport Improvements EIS: The Homer Airport Improvements Environmental Assessment is available for public comment. The comment period has been extended to June 16th. Copies of the Environmental Assessment are available at City Hall and at the Library. There is a demonstrated need for all of the improvements in the Airport Improvement Plan, however, the total package is very expensive and it could be years before all of the proposed improvements are funded and constructed. The improvements include clearing in safety areas at the end of the runway, a new taxi-way, new general aviation apron, two new float plane docks on Beluga Lake, and a short road from a new Beluga Lake float plane dock to the main airport for the transport of aircraft. (Right past the existing communication tower). DOT/PF has taken steps to avoid work in critical habitat areas but concern remains, in some circles, about the filling of wetlands and increased noise from aircraft. 6. New City Hall: Work continues, presently working on the wetlands delineation (see item 1 above), discussing possible sites with adjacent property owners, talking with potential tenants, and looking at financing options. 6. Port Maintenance Vehicles: In the FY 2006 Operating Budget there was $12,000.00 to repaint two Port Maintenance Vehicles (pickups). Unfortunately, at this point it probably is not worth painting these vehicles, 1990s with over 100,000 miles each and each has a lot of rust and are in generally poor condition. The plan is to retain the $12,000, keep the vehicles for another year, surplus these vehicles next year and budget for two new or used vehicles next budget cycle. 7. Ramp Seven Gangway: Due to the boat collision, this spring, the gangway sustained some fairly serious damage. Council appropriated funds to do emergency repairs and to replace the gangway. The new gangway has been completed, within budget, and has been shipped. Bids were solicited for the installation of the new gangway. One bid was received and was over the engineer's estimate by $20,000.00. Unless the Council objects and is willing to appropriate more money, the new gangway will be stored and the installation will be bid later. Hopefully, there will be more interested contractors with a better bid amount with the offer of a lone re-bid and offer a longer construction period option, into the fall. The temporary repairs that were performed were very good and we believe the ramp is safe enough to get us through this summer. 8. Holiday Crowds: Homer was very busy during Memorial weekend. The Police were very busy all weekend responding to a wide variety of calls. The City received numerous calls and complaints regarding unruly and undesirable behaviors. Concern about the growing use of motorized vehicles on the beaches for recreational purposes. Mariner Park was reported to be one big dust bowl the entire weekend. Recommend that the Council ask the Parks and Recreation Commission to take a look at this issue, specifically since the Commission assumed the duties of the Beach Policy Committee. 9. Spit Parking: All reports so far are that the implementation of paid parking near the ramps is going well. Port and Harbor Director reports that most people expect to pay and have no real problems with it. Additional: June Employee Anniversaries: Bob Painter HFVD 15 years, Laurie Moore Finance 10 years, Steve Smith HPD 4 years, Levi Stradling PWD 4 years, Melissa Jacobsen Clerk's Office 2 years, Harlon Engebretsen PWD 1 year and Julie Harris PWD 1 year. Memorandum form Chief Robl Subj: Proposed Canine Program. Homer Sister City Program to receive Sister City International 50th Anniversary Award. Homer Foundation: Quarterly Financial Report

Discussion points:

Need for a public restroom at the Fish Dock area and not a restroom just for the fishermen and users of the Fish Dock. A good argument for the original proposal. May require an additional appropriation. May need to do a less expensive project than the restroom at the Load and Launch Ramp. The Manager was asked to figure it out and solve the problem.

About the dust created by the holiday crowds. The application of calcium chloride of something of that nature was recommended. It is hard to say that Homer wants you to come visit, but Homer does not want you to use Homer facilities to your enjoyment.

Motorized vehicles on the beach bring up a lot more things than kids just riding their four wheelers or some little putt-putt motorcycles.

This last Memorial weekend may have been the busiest weekend the Homer Police Department has ever had, they broke citation, arrest and warning records.

There were a lot of complaints Memorial Weekend and the behavior of the crowds seemed to be a little different with unruliness, rowdiness and more things that caused campers concerns.

There may be some different and better things that can be done next year.

Motorized vehicles on the beaches includes customary and traditional uses.

Parks and Recreation Commission is requested by the Council to address the Beach Policy with particular regard to Bishop's Beach, Mariner Park and motorized vehicular traffic.

The City Manager will bring the Public Safety Canine Program to the Council for future direction. Council would like to see more information and a preference was expressed regarding the funding source not being the City.

B. Bid Report ( Bid - Ocean Drive Loop Sewer Improvement Project. Sealed bids are due to the City Clerk by 2:00 p.m. on June 9, 2006. Addendum #1 was issued 5/31/06 Award scheduled for this meeting, June 12, 2006, see Resolution 06-66(S) on the Consent Agenda and Bid - Jack Gist Softball Fields Fencing/Backstop Installation - Sealed bids are due to the City Clerk by 2:00 p.m. on Thursday, June 22, 2006 at which time they will be publicly opened and read. Addendum #1 issued 06/05/06.)

There was no discussion.

C. Public Input on Question of the Week. (Comments were received on the following: Question of the week: Shall the City raise the sales tax base rate by 1% April-Sept and lower it b 1% Oct-March? That would mean City sales tax of 5.5% April-Sept and 3.5% Oct-March, Regarding Town Center - Do you want boulevards, on street parking, or both? and miscellaneous comments.)

There was no discussion.

COMMITTEE REPORT

A. Public Arts Committee (Meeting synopsis from March 23, 2006, Meeting held Thursday, June 8th at 11 a.m. )

B. Transportation Advisory Committee (Meeting held Tuesday, May 16th at 5:30 p.m. and next meeting scheduled for Tuesday, June 20th at 5:30 p.m.)

C. Comprehensive Plan Committee (Last meeting and possibly the final meeting was held on Tuesday, May 9th at 5:30 p.m. )

D. Town Center Task Force (Meeting held Monday, June 5th at 6:30 p.m. Meetings scheduled for Monday, June 19th at 6:30 p.m. and Thursday, June 29th at 6:30 p.m.)

There was no discussion.

PENDING BUSINESS

None scheduled.

NEW BUSINESS

A. Consent Agenda Item R. Memorandum 06-93, through City Manager, Re: CIP List Development. Recommend approval.

STARK/WYTHE - I MOVED THE ADOPTION OF THE PROCESS, MEMORANDUM 06-93.

Comment that it would be appropriate to adopt the Resolutions on October 23rd instead of October 9th, which does not affect the overall schedule.

City Manager Wrede responded that he does not think that this affects administrative scheduling and that he has no objections.

STARK/SHADLE - SO MOVED. TO CHANGE THE DATE TO OCTOBER 23RD ON THE ADOPTION OF THE RESOLUTIONS FOR THE CIP. (Resolution adoption date changed from October 9, 2006 to October 23, 2006.)

City Manager Wrede stated that if this does create a problem an amendment can be made later.

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

Motion carried.

There was no further discussion.

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

Motion carried.

B. Consent Agenda Item Q. Memorandum 06-92, from Mayor, Re: Appointments of Sharon Minsch and Bryan Zak to the Homer Advisory Planning Commission. Recommend confirmation.

NOVAK/WYTHE - SO TO INITIATE I MOVE FOR THE ADOPTION OF MEMORANDUM 06-92.

Discussion regarding the composition of the Commission and comments about the appointment process when a dedicated Commissioner is not reappointed.

NOVAK - REQUEST POSTPONEMENT OF THIS MEMORANDUM FOR RECONSIDERATION BY THE MAYOR.

Motion to postpone died for lack of a second.

There was further discussion:

It was noted that this is not the first time this has happened. Council noted that they have stated, during a Committee of the Whole, that there would be a movement in the Board and Commissions for new appointments.

This does not mean that the individual being replaced has done anything wrong.

Homer is at a point for change.

There is an opportunity with the two new individuals to see some change.

There was comment about Realtors being more in tune with Planning and Zoning than having conflicts.

It was expressed that with this change in the Commission there would not be a huge loss of looking at the environmental portion of it.

Environment can co exist with economic development.

Having some fresh blood will bring some, potentially, new nice energy into the Planning Commission and maybe lift them up a little bit.

It was commented that the Chair of the Planning Commission had stated that it would be desirable to have a Realtor on the Commission, because of their experience. The experience is very relevant between Planning and real estate development.

This is a win/win for the Commission and Community.

There need only be one new Commissioner, and that would be a new Commissioner, since a current Commissioner has not sought reappointment.

It is favorable to reappoint a capable, competent, involved and willing Commissioner. Support for continuity of experience.

Two people is 30% of the Commission.

There is an opportunity to retain experience and to add new opinion.

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

Motion carried.

RESOLUTIONS

A. (Council set this as Item B. Consent Agenda Item H. There was no objection from the Council to this being called up first.) Substitute was approved under Agenda Approval. Resolution 06-64(S),Of the City Council Amending the City of Homer Fee Schedule Public Safety/Fire Department/Ambulance Fees for Basic Life Support (BLS), Advanced Live Support (ALS), Transport, Mileage and Medevac Rates. City Manager. Fiscal Note: Revenues, amount not defined. Recommend adoption.

Memorandum 06-91, from Fire Chief as backup.

SHADLE/WYTHE - I'D LIKE TO MAKE A MOTION FOR THE ADOPTION O6-64(S) BY READING OF TITLE ONLY.

Councilmember Shadle advised that the reason for pulling this Resolution was due to there not being enough information gathered and that postponing will provide time to gather more information, learn more and make sure it is the right thing to do to increase the fees.

SHADLE/NOVAK - SO I'D LIKE TO MAKE A MOTION TO POSTPONE RESOLUTION 06-64(S) UNTIL THE NEXT MEETING WHICH IS JUNE 26TH.

There was no discussion.

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

Motion carried.

B.(Council set this as Item A. Consent Agenda Item K. There were no objections from the Council to this being called up secondly.) Resolution 06-67, Of the City Council of Homer, Alaska Supporting and Encouraging the Extension of a Natural Gas Main Line to Homer. Shadle. Recommend adoption.

WYTHE/NOVAK - MOVE FOR THE APPROVAL OF RESOLUTION 06-67 BY READING OF TITLE.

Discussion:

City of Homer does not provide utility services.

This is not a substantial benefit to the City of Homer.

Would the Homer residents who sell Homer heating fuel feel that the City is trying to override their business by promoting natural gas?

The City does not sell natural gas, home heating fuel, etc, but the City of Homer is in the position of representing the people. The people of Homer have been requesting, for a long time, the City to seek what it can do to get natural gas on this end of the Peninsula.

The City is not, with this Resolution, putting itself forward to pay for a line or to derive an revenue from the line. This is just letting the Natural Gas people know that Homer is in favor of what they can do to accomplish getting Natural Gas on the lower peninsula.

Recommend scheduling Enstar to discuss with the Council what it really takes to get Natural Gas to Homer. If Enstar could provide natural home heating fuel in Homer they would be doing it. There are a lot of other issues that would be beneficial for the Council to know.

WYTHE/STARK - I WOULD MAKE A MOTION TO ADD AN ADDITIONAL NOW THEREFORE BE IT FURTHER RESOLVED THAT the City Council of Homer Alaska hereby invites Enstar Natural Gas to provide information to the Council regarding requirements for providing Natural Gas into Homer.

City Clerk recommended that this be a Be It Further Resolved clause.

Discussion to also invite the Regulatory Commission.

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

Motion carried.

There was no discussion.

NOVAK/McLAY - I WILL MAKE A SECOND AMENDMENT THAT NOW THEREFORE BE IT RESOLVED that we furthermore request the State Regulatory Commission to make a presentation with regard to this same subject.

There was no discussion.

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

Motion carried.

Discussion continued:

This is a very prudent thing to do with the fuel prices rising for everyone, this would give great relief for the community.

Too bad the whole community could not have heard the discussion during the Committee of the Whole, which was informative.

The Natural Gas to Homer was reported as being 2 to 5,6 years out. Natural Gas is an alternative fuel that is good for the environment and will keep the heating costs down. It is easy to convert burners over for those who are using propane and No. 1 diesel. Looking forward to having this fuel in Homer.

The company bringing the gas will bring the main line gas to Homer, but the distribution lines are usually built by local improvement districts (LIDs), so the City will be involved with that and there is nothing wrong with that.

A great majority of Homer citizens are in favor of getting Natural Gas into Homer.

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

Motion carried.

COMMENTS OF THE AUDIENCE

Audience may comment upon any matter at this time.

Valerie Connor thanked the Council for their consideration tonight and for those who came out in support of her and her work, she expressed appreciation. She wished the two new Planning Commissioners good luck and that she will be seeing them at some meetings. She stated that she knows she did not do anything wrong.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans was not present.

COMMENTS OF THE CITY CLERK

City Clerk Calhoun had no comment.

COMMENTS OF THE CITY MANAGER

City Manager Wrede had no comment.

COMMENTS OF THE MAYOR

Mayor Pro Tempore McLay stated that he has enjoyed sitting here and dealing with everybody tonight and that all were pretty easy on him, which he found surprising, but probably not next time. He further stated that he has enjoyed dealing with all of these issues tonight.

COMMENTS OF THE CITY COUNCIL

Councilmember Shadle wished all a happy summer solstice, the next meeting being after that.

WYTHE/STARK - I WOULD LIKE TO CALL FOR IMMEDIATE RECONSIDERATION OF MEMORANDUM 06-92.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

MEMORANDUM 06-92: Main motion on the floor for reconsideration: NOVAK/WYTHE - SO TO INITIATE I MOVE FOR THE ADOPTION OF MEMORANDUM 06-92.

There was no discussion.

REVOTE: (Memorandum 06-92) YES: McLAY, WYTHE, SHADLE, STARK.

NO: NOVAK.

Motion carried.

Councilmember Wythe had no further comment.

Councilmember Novak commented that he just wanted to say that he thinks the Council went through a democratic, or semi democratic process here and that is good. He noted that Council does move on and that this is what they need to do. He stated that he wants to recognize people for the work that they have done and look forward to some good work from some new people.

Councilmember Stark had no comment.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned 8:48.36 p.m. by Mayor Pro Tempore McLay . The Next Regular Meeting is scheduled for Monday, June 26, 2006 at 7 p.m., the next Committee of the Whole is scheduled for Monday, June 26, 2006 at 4 p.m. All meetings scheduled to be held in the homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.









________________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Approved: ___________________________

1. Letter says ... truly greatest asset (and most valuable) - the land.

2. Meaning Valerie Connor.

3. Clerk's Note: Primary amendment and Main Motion are pending.