HOMER CITY COUNCIL

Session 05-09, a Regular Meeting of the Homer City Council was called to order at 7:00 p.m. by

Mayor James C. Hornaday at the Homer City Hall Council Chambers located at 491 E Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

PRESENT: COUNCILMEMBERS: BECK, McLAY, NOVAK, STARK, WYTHE, YOURKOWSKI.

STAFF: CITY CLERK CALHOUN

CITY MANAGER WREDE

CHIEF OF POLICE ROBL

FIRE CHIEF PAINTER

PUBLIC WORKS DIRECTOR MEYER

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

Council met as a Committee of the Whole from 4:00 p.m. to 5:21 p.m. Agenda Items included - South Peninsula Hospital - Property Ownership issues, the Regular Meeting Agenda Items, theHomer Water and Sewer Master Plan at 65%, and the Pebble Mine - consideration of scheduling a special meeting - Marketing of Homer to Northern Dynasty.

There was a Board of Adjustment (BOA) Executive Session 5:30 Re: Vann Appeal Decision. City Hall Conference Room

AGENDA APPROVAL

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

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

Agenda changes: Announcements - Announcement of Tsunami Warning System Test and Tsunami Awareness Week., City Manager Report - Written Report and Resolutions Substitute Resolution 05-40(S) Of the City Council of the City of Homer, Alaska Certifying the Results of the City of Homer Special Election Held March 22, 2005. with substitute certificate of election.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public comments upon any matter on the agenda except Ordinance 05-15, Of the City Council Authorizing the Transfer of Funds from the 2004 Budget to the 2005 Budget in the Amount of $32,209.00 for Purchase Order 537, Badger Water Meters or the Canvass Board Report.

Ray Kranich, resident of the City of Homer, greeted the Mayor and Council with a good evening and thanked them for the privilege of being able to address them. He commented on Resolution 05-33, pertaining to supporting the continuation of the Senior Exemption and Disabled Veterans Tax Exemption, that in looking at the lay down packet the modification or amendment proposed by Mr. Velsko seems to clarify and make it more pointed that it is requesting the state to continue funding as provided by law. He suggested that Ordinances 05-11 and 11S, pertaining to what to do for monies that would be derived from the sale of City land acquired through tax foreclosures, that there are other things that should be considered such as having money retained for purchasing right of ways, easements and that type of thing of which the percentages in 05-11 would not permit. He pointed out that even in the General Fund there are several depreciation funds and 05-11(S) does not stipulate which depreciation fund. He suggested that both 05-11 and 05-11(S) need some work, adding that it is great that there is some kind of plan or formula for where this money should go. He voiced support for Resolution 05-28(S), the transient accommodations tax, adding that it is very good. Regarding Resolution 05-40 certifying the results of the Special Election, Mr. Kranich noted that there were roughly 433 in favor and 258 opposed, about a 2 to 1 ratio, which was approximately the same ratio as what was achieved in an earlier Special Election. Therefore, he urged the Council to take into consideration the weight of the vote of those that opposed that the same as has been done every since June 15 for those who were opposed in that election. As to the clarity of the ballot, he advised hearing people after the election last Tuesday, say, "Gee, I think I voted the wrong way." Mr. Kranich deducted that it must be pretty hard to write a clear ballot.

Sue Christiansen, non resident of the City, asked the Council to put aside whatever agendas the Councilmembers may have, politics and that kind of thing with regard to replacing Councilmember Beck and for them to consider Bill Smith. She stated that she has known him for 25 years, that he has done such an outlandish amount of community service for all those years, that he is respectful, and although he has lots of different opinions he would best serve Councilmember Beck, who was elected by a large number of votes. She expressed her thought that Councilmember Beck thinks that Bill Smith would be a good replacement for her. She urged the Council to put someone in that slot, just until October. She emphasized that she "came all the way out" just to ask the Council to do that, adding that Mr. Smith has such a great background with Planning and Zoning and that it would be a lot easier for him to come in and take off running.

Eric Knudtson advised that he came to speak to the same issue, voicing a hope to encourage the Council to fill the seat that Rose Beck is leaving. He stated that he does feel that Bill Smith's experience with the City, with the Planning Commission are valuable and that Mr. Smith has donated a lot of time to supporting the City. Mr. Knudtson commented on the learning curve issue that Mr. Smith knows a lot and will be able to step in, in a short amount of time, which is critical given the length of this term. He voiced his thought that Mr. Smith is respectful in how he deals with people and is thoughtful. He asked the Council to please think about Mr. Smith and urged the Council to try and fill that

Charlie Gibson, lives on Waddel Street, reiterated the last two speakers. He told the Council that two things strike him as really important in replacing a Councilmember:

One is to look at what kind of a vote put what kind of a person in politics in and that he feels like with Bill Smith this is representing some of the people in the community who feel rather disenfranchised. Bill Smith has several really strong attributes - researches every issue, spending incredible amounts of energy. His politics aren't always the same as Mr. Gibsons, but Mr. Gibson really respects the way Mr. Smith treats the process.

Two the learning curve issue. To bring somebody in that's green is not appropriate at this time. Bill Smith knows the workings really well.

He voiced his hope that the Council would consider this and thanked the Council for their incredible amount of work that they do all the time for every issue.

Elizabeth Neuman stated that, although not a resident, spends all her money here. She stated that she also came to advocate for Bill Smith to be in Rose Beck's position, that he has lots of experience. She noted that everybody has said everything that she was going to say and voiced her hope that the Council might consider him.

RECONSIDERATION

A. Memorandum 05-51, from City Clerk, Re: Councilmember Novak's Notice of Intent to Reconsider Resolution 05-28(A), Of the Homer City Council Urging the Kenai Peninsula Borough Assembly to Amend Borough Ordinance 2005-05 Regarding the Proposed Transient Accommodations Tax to Provide for an Equitable Distribution and Sharing of the Tax Revenues with Cities with the Borough. If reconsideration is approved, Resolution 05-28(A) is back on the floor under Resolutions.

RECOMMENDATION: Recommend approving reconsideration.

WYTHE/NOVAK - MOVED FOR RECONSIDERATION OF RESOLUTION 05-28(A).

No discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried and Resolution 05-28(A) is back on the floor under Resolutions.

CONSENT AGENDA

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

Councilmember Wythe requested that Ordinance 05-18, Item C., be placed under Ordinances as Item C., Resolution 05-36, Item I., be placed under Resolutions as Item C. , Resolution 05-39, Item L., be placed under Resolutions as Item D. and Memorandum 05-56, Item N., to New Business as Item A.

Councilmember Stark requested that Resolution 05-38, Item K., be placed under Resolutions as Item. E.

Councilmember Novak requested that Resolution 05-33, Item F., be placed under Resolutions as Item F.

A. Homer City Council unapproved meeting minutes of March 14, 2005 Regular Meeting. City Clerk. Recommend approval.

B. Ordinance 05-16, Of the City Council of Homer, Alaska Accepting and Appropriating $397,640.00 from the Kenai Peninsula Borough for Consultant Fees, Purchase and Installation of Icing Equipment at the Homer Multi Use Ice Facility, Approving a Contract by and between the Kenai Peninsula Borough and the City of Homer and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue ane Expenditure Account No.151-726 KPB Contract dollars $397,640.00 f for Homer Multi Use Ice Facility- Icing Equipment.Recommend introduction, conduct Public Hearing and Second Reading April 11, 2005.

C. Ordinance 05-18, Of the City Council of Homer, Alaska Appropriating $59,000.00 from Port/Harbor Reserves to Complete the Spit Restroom Project and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue ane Expenditure Account 415-380 from Port/Harbor Reserves$59,000.00 for Spit Restrooms. Recommend introduction, conduct Public Hearing and Second Reading April 11, 2005.

Memorandum 05-52, from Public Works as backup.

Placed under Ordinances as Item C.

D. Ordinance 05-21, Of the City Council of Homer, Alaska Appropriating $9,087.00 for the Homer Animal Shelter Art Project and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue Account and Expenditure Account 151-728, Animal Friends Donation $9,087.00 for Animal Shelter Art. Recommend introduction, conduct Public Hearing and Second Reading April 11, 2005.

E. Ordinance 05-22, Of the City Council of Homer, Alaska Amending Homer City Code Section 21.42.010, Concerning Zoning Permit Requirements. City Manager. Planning Commission. Recommend introduction, conduct Public Hearing April 11, 2005 and Second Reading April 25, 2005.

Memorandum 05-53, from City Planner as backup.

F. Resolution 05-33, Of the Homer City Council Supporting the Continuation of the Senior Citizen and Disabled Veteran's Tax Exemption and Urging the Alaska Legislature to Provide Full Reimbursement to Municipalities as Provided by Law. Wythe. City Manager as directed by the City Council on March 14, 2005 via Memorandum 05-48(A). Fiscal Note: Revenues. Recommend adoption.

Placed under Resolutions as Item F.

G. Resolution 05-34, Of the City Council of Homer, Alaska Awarding the Bid for City Owned 2005 Dredge Spoils to the Firm of Land's End Acquisition Corporation of Homer, Alaska in the Amount of $5.50 per yard for 4,000 cubic yards and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk Fiscal Note: Fiscal Note: Revenue. Acct. 400.600.4901.Recommend adoption.

H. Resolution 05-35, Of the City Council Amending the City of Homer Fee Schedule - Zoning Permit and Conditional Use Permit Fees for Activities that have Commenced without a Permit. City Clerk. Fiscal Note: Revenue. Recommend Adoption.

I. Resolution 05-36, Of the Homer City Council Authorizing the Lifting of the Temporary Hiring Freeze on Vacant Positions Imposed by Resolution 04-107 for Certain Positions Due to Emergency. City Manager. Fiscal Note: All positions are budgeted for FY 05. Recommend adoption.

Placed under Resolutions as Item C.

J. Resolution 05-37, Of the Homer City Council Supporting the Alaska Coastal Management Program and Encouraging the State to Maintain Local Control Over its Coastal Resources. Yourkowski. Recommend adoption.

K. Resolution 05-38, Of the Homer City Council Requesting that the Kenai Peninsula Borough Cap Increase in Land and Existing Improvement Assessments at 10 Percent of the Previous Years Assessment and Making this Cap Apply to the 2005 Tax Year. Yourkowski. Recommend adoption.

Placed under Resolutions as Item E.

L. Resolution 05-39, Of the Homer City Council Supporting Extension of the Sunset Provision Applicable to Reemployment of Retired Members of the Teachers' Retirement System and the Public Employees' Retirement System. City Manager. Recommend adoption.

Memorandum 05-54, through City Manager as backup.

Placed under Resolutions as Item D.

M. Memorandum 05-55, from City Clerk Re: Liquor License Renewal for Don Jose's Mexican Restaurant, Beverage Dispensary License. Fiscal Note: Revenues Recommend non objection and approval.

N. Memorandum 05-56, from Councilmember McLay, Re: Zoning buffer. Recommend approval.

Placed under New Business as Item A.

O. Memorandum 05-57, from City Manager, Re: Proposed Harbor Lease Lot 9A. Recommend approval.

P. Memorandum 05-58, from City Clerk, Re: Travel Authorization for Mayor and/or City Council and the City Manager to attend the AML 2005 Alaska's Communities Spring Legislative Fly-In April 19 - 21, 2005 in Juneau. Fiscal Note: Mayor and Council: 2005 Budget: 100.100.5236, Transportation: $6,500.00 and100.100.5237, Subsistence: $4,500.00. City Manager: 2005 Budget: 100.110.5236, Transportation: $1,000.00 and 100.110.5237, Subsistence: $1,000.00 Recommend authorization.

BECK/WYTHE - MOVED TO ADOPT AND/OR APPROVE THE RECOMMENDATIONS OF THE CONSENT AS READ.(As the Mayor Read the Consent Agenda he noted those items which had been removed from the Consent Agenda and Placed under other parts of the Regular Agenda. Ordinances, New Business and Resolutions.)

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

A. Special Election Canvass Board Report.

We, the Election Canvass Board, duly appointed, of the City of Homer, Alaska hereby certify that the validated absentee and validated questioned ballots were opened, counted, and recorded at a legally authorized and convened meeting of the City of Homer Canvass Board, held March 25, 2005 and that the results of that count are hereon entered with the certified results of the votes counted for the precinct polling places via Accu-Vote Ballot Tabulation System and that the total results are recorded hereon.

Proposition:

Sales Tax Rate

of Levy Increase

From 3.5% to�� 4.5%

35-010

Homer No. 1

35-020

Homer No. 2

Absentee/

Questioned/

Special Needs

that were Counted

Total

Regular

Voters

%��

TOTAL

�

Underage

Vote

Homer No. 1

Underage

Vote

Homer

No. 2

YES

230

203

�71

504

63%

504

5

5

NO

153

105

�35

293

37%

293

7

6

TOTALS

383

308

106

797

100%

797

12

11

Registered

Voters

2,108

2,049

�

4,157

�

4,157

�

�

�

We further certify that there were 691 Regular voters and 106 Absentee voters, �no Special Needs Voters, and 3 Questioned voters for a total of 800 voters that voted in this election.� Percentage of voter turnout is 19%.� Total registered voters for the City of Homer are 4,157 as of February 20, 2005.

�

Canvass Board: Pauline Benson, Margaret Lau

City Clerk's Office: Jo Johnson, Melissa Jacobsen

�

7. ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. Announcement of Tsunami Warning System Test and Tsunami Awareness Week.

B. Special Presentation to Rose Beck.

LEGISLATIVE COMMITMENT

Councilmember from October 14, 2002 through March 29, 2005

Homer Advisory Planning Commissioner November 27, 2000 to October 14, 2002

Reappointed on July 24, 2001 to July 1, 2004 - interrupted with election to Council

The City of Homer and its residents thank you for: Your inspiration. Your charge to challenge all to be willing to be turned around by conversation, to listen to each other with minds and hearts. Your exhortations to be committed, daring and courageous individuals who are willing to embark on a lifelong adventure of living on a higher plane of consciousness.

Thank you for caring and sharing and loving and selflessly giving of your self and energy. Some of the issues, projects and concerns you have addressed and brought to fruition and/or were an integral part of the legislation thereof:

Animal Shelter Town Square and Center Concepts

Town Center Development Standards Bridge Creek Watershed Jurisdiction

Chamber of Commerce Funding Vital Land Purchases

Comprehensive Plan and Updates LID Process and Flow Charts

Homer Foundation City Endowment Non Profit Funding

Kachemak Bay Peninsula College University Expansion City Wide Survey

Karen Hornaday Hillside Park - Playground Parks and Trails in General

New Homer Public Library Non Motorized Transportation Plan

Old Homer Intermediate School One Percent for the Arts

Parks and Trails in general Accelerated Programs

Traffic Calming and Traffic Patterns Transportation Plan and Speed Limits

Spit Fishin' Lagoon Sports Fishing Issues

COMMITTEES - Town Square, Town Center Task Force and Town Center Development Committee

Additional contributions:

Great Cook Master Gardener Animal Shelter Advocate

Sponsor for a myriad of legislative documents.

Mayor Hornaday sang a song to Councilmember Beck about returning to Kachemak Bay.

Out going Councilmember Beck gave a speech thanking the current Mayor and Council, past Mayor and Council, all the volunteer and advisory bodies, the City Departments and Staff.

PUBLIC HEARING(S)

A. Ordinance 05-15, Of the City Council Authorizing the Transfer of Funds from the 2004 Budget to the 2005 Budget in the Amount of $32,209.00 for Purchase Order 537, Badger Water Meters. City Manager. Finance. Fiscal Note: Funding Accounts for Antennae and Equipment $4,780.63 - 151-394-5215 HPD $2,390.32, 151-393-5215 HVFD $2,390.31; Funding Accounts for Labor and Installation $7,571.43 - 151-394-5215 HPD $3,785.71, 151-393-5215 HVFD $3,785.72 (First Reading March 14, 2005, Public Hearing and Second Reading March 29, 2005.)

There was no Public testimony.

NOVAK/WYTHE - MAKE A MOTION TO APPROVE ORDINANCE 05-15 BY READING OF TITLE FOR SECOND AND FINAL READING.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

ORDINANCE(S)

A. Ordinance 05-11, Of the City Council of Homer, Alaska Amending Homer City Code Title 18 to Enact a New Chapter 18.04, Homer Land Bank Established and Amending Homer City Code Chapter 3.05 to Add a New Section 3.05.042, Land Bank Fund. Wythe. (First Reading February 28, 2005, Public Hearing March 14, 2005, Second Reading March 29, 2005.)

A.1. Ordinance 05-11(S), Of the City Council of Homer, Alaska Amending Homer City Code Title 18 to Enact a New Chapter 18.04, Disposition of Foreclosed Properties and Amending Homer City Code Chapter 3.05 to Add a New Section 3.05.042, Alternative Funding of Depreciation. Wythe (Recommend for amendment to Ordinance 05-11.)

WYTHE/NOVAK - MOVED FOR THE ADOPTION OF ORDINANCE 05-11 FOR SECOND AND FINAL READING BY READING OF TITLE ONLY.

There was no discussion.

STARK/WYTHE - MOVED TO AMEND TO SUBSTITUTE ORDINANCE 05-11(S).

There was no discussion.

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

Motion carried.

Councilmember Wythe, at the request of Councilmember Novak, clarified that the alternate funding for depreciation would be those items covered by the General Fund Depreciation Funding, which is where the severe under funding occurs. The Enterprise Funds provide for their own depreciation funding. She stated that her intent is that these funds would help to off set the deficit that exists in the General Fund depreciation accounts.

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

Motion carried.

B. Ordinance 05-12, Of the City Council of Homer, Alaska Amending Homer City Code Sections 21.49.040(e)(1) to read 35,000 Square Feet and 21.49.040(e)(3) to read 25,000 Square Feet, and 21.50.040(e)(1) to read 45,000 Square Feet. Novak. Yourkowski. (First Reading February 28, 2005 and forwarded to Planning Commission for review, Public Hearing and Second Reading March 14, 2005, postponed to March 29, 2005.)

Memorandum 05-59, from Councilmember Novak as and with backup. This Memorandum was not submitted and Councilmember Novak stated that he would not be submitting it.

Memorandum 05-60, from City Planner.

NOVAK/BECK - MOVED FOR THE ADOPTION OF ORDINANCE 05-12 BY READING OF TITLE.

Councilmember Novak stated that he tried to lighten up the lay down packet by not adding another book, reference to not submitting Memorandum 05-59 and additional backup.

Discussion was on both sides of the issue:

There was emphasis that this Ordinance does not support the voters' decision on June 15, 2004.

There was emphasis that the 66,000 square foot size does not fit all districts such as those in this Ordinance - Scenic Gateway - Baycrest area amended to 25,000 square feet, Ocean Drive- area south of Beluga Lake amended to 35,000 square feet, and GC2 amended to 45,000 square feet.

There was also emphasis that the small square footage recommendations were thoroughly reviewed by the Planning Commission.

It was noted that this amendment does not change the square footage for the building foot print.

VOTE: YES: YOURKOWSKI, NOVAK, BECK.

NO: McLAY, WYTHE, STARK.

MAYOR: TIE VOTE: YES:

Motion carries.

C. Consent Agenda Item C. Ordinance 05-18, Of the City Council of Homer, Alaska Appropriating $59,000.00 from Port/Harbor Reserves to Complete the Spit Restroom Project and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue ane Expenditure Account 415-380 from Port/Harbor Reserves$59,000.00 for Spit Restrooms.Recommend introduction, conduct Public Hearing and Second Reading April 11, 2005.

Memorandum 05-52, from Public Works as backup.

WYTHE/YOURKOWSKI - MOVED FOR THE ADOPTION OF ORDINANCE 05-18 BY READING OF TITLE.

There have been several changes to the scope of the Restroom Project and it was pointed out that the project is over budget. Grant funds have been requested from State Fish and Game to reimburse between $30,000.00 and $40,000.00 of the $59,000.00. Council expressed desire to get this project done by this tourist season.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

CITY MANAGER'S REPORT

A. City Manager's Report (Updates and Follow up: Spit Leases; Ice Rink - DOT Appropriation, HUD Grant through KPB and Invitation to Official Opening on Saturday, April 2nd; Hospital Lease, Animal Shelter Art; Library; Borough Budget Issues; Fire Department recruits. Homer Foundation Quarterly Report. Port and Harbor Policy on Eagle Feeding. PERS Legislation Information. Alaska Tsunami Warning System Test. Letter from DOT/PF Commissioner Barton to Senator G. Stevens and Representative Seaton and from Chief of Police, Mark Robl, Re: Sterling Highway Mileposts 168-169.)

City Manager Wrede apprized the Council of a Federal DOT grant for the Ice Rink, wherein a local match of 9.03% is required and equates to about $36,000.00. He is going to inquire if this match may be an "in kind" match.

B. Bid Report.

There were seven sealed proposals received. Award is scheduled for April 11, 2005. RFP: Request for Proposals Incorporation of Art into the New Homer Animal Shelter. Sealed Proposals were due in the Office of the City Clerk by 4:30 p.m Thursday, March 24, 2005.

ITB: Invitation to Bid, Homer Public Library Sealed Bids for construction of a new Homer Public Library will be received by the Office of the City Clerk, 491 E. Pioneer Avenue, Homer, Alaska 99603 until 2:00 p.m., April 21, 2005 at which time they will be publicly opened. Bids received after the time fixed for receipt of the Bid shall not be considered. Bid documents will be available starting March 21, 2005. $125 if picked up at Clerk's office; $155 for overnight delivery. All fees are non-refundable.

There were no comments.

C. Record Report (Inactive records and Records Destruction)

There were no comments.

COMMITTEE REPORT

A. Town Center Development Committee. Meetings held Thursday, March 17, 2005 at 5 p.m. City Hall Conference Room and Thursday, March 24, 2005 at 5:30 p.m. City Hall Cowles Council Chambers.

B. Road Standards Committee, No meeting held and no meeting scheduled.

C. Beach Policy Committee. Meeting scheduled for Tuesday, April 12, 2005 at 7 p.m. City Hall Cowles Council Chambers.

D. Public Arts Committee, Meeting held Friday, March 18, 2005 at 11 a.m.

E. Conference Center Feasibility Study Steering Committee, Meeting held on February 8, 2005 at 4 p.m. at the Homer Chamber of Commerce Building.

There were no comments.

PENDING BUSINESS

A. Council final selection of Appointment to the Council. (Applicants are in order of filing: Mike Heimbuch, John Velsko, G. William (Bill) Smith, Barbara G. Howard, Doris Cabana and Ron Jimerson.) Postponed on February 28, 2005 to March 14, 2005. Requested to be placed on the March 29th agenda by Councilmember Yourkowski on March 14, 2005.

Mayor Hornaday encouraged the Council to make a selection and strongly recommended that the Council read the City Attorney's Memorandum, Legal Opinion.

Although excused from the table, Councilmember Beck did not leave the table.

Councilmember Yourkowski noted that the Council was going to have a discussion on the qualifications of a Councilmember and what the Councilmembers thought were appropriate qualifications for this position.

There was not a concurrence of the Council to evaluate individual qualifications. There were comments that the qualifications should not be more than is required of someone running for a Council seat on the regular ballot. It was noted that the main qualification is to carry out the will of the people. It was emphasized that this is a short term appointment, that the person should be up to speed as much as possible and have some knowledge of City history and government. The individual should have had some public service with the City and should have a sense of fairness, honesty and integrity. Also needed would be someone who has the ability to work with differing opinions and the time, ability and interest for dedication to this task.

The legal opinion states that three votes on this Council are sufficient to elect the appointee.

STARK/WYTHE - MOVED TO NOMINATE MIKE HEIMBUCH.

There was discussion that Council should vote and whenever someone gets three votes that the Council unanimously appoint that person.

There was a brief discussion about the legal opinion that may be interpreted liberally or conservatively. There was suggestion that the Council agree on the rules.

Stark called for the question and the Mayor did not recognize this.

Council asked the Clerk what the rules are and the Mayor responded that he believes the Clerk is going to respond that this is up to the Council. Council commented that it appears that the Clerk does not wish to respond.

Councilmember Stark was requested to remove his motion to nominate.

Mayor ruled that nominations are open and inquired if there are any further nominations.

NOVAK/YOURKOWSKI - MOVED TO NOMINATE THE PREVIOUS LIST OF CANDIDATES ALREADY SUBMITTED. (Mike Heimbuch, John Velsko, Bill Smith, Barbara Howard and Ron Jimerson - with the note that Doris Cabana has submitted a written note that she no longer wishes to be considered.)

WYTHE/YOURKOWSKI - MOVED TO CLOSE NOMINATIONS.

VOTE:(close nominations) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried to close nominations.

There was some discussion about the process.

WYTHE/McLAY - MOVED FOR THE COUNCIL TO TAKE CONSIDERATION OF THE LETTER PROVIDED BY THE ATTORNEY ON THE STATUS THAT THREE MEMBERS COULD DULY APPOINT A REPLACEMENT AND THAT THREE MEMBERS ARE A QUORUM OF THE REMAINING FIVE.

There was discussion regarding the number of votes required to approve a selection. It was noted that traditionally four votes have been required, for a reason, to show that the Council as a whole can work with that person so that it is a smooth transition. There were several comments supporting the reduced number required and that the City Attorney, based on case law, states that only three votes are required.

Councilmember Novak proposed that the Council open up the time for people to apply for one week and ask those on the current list to submit a letter indicating an interest in continuing to be considered and that the Council vote at the next meeting, April 11th.

Discussion ensued.

Councilmember Wythe called for the question and the Mayor did not recognize it.

Discussion ensued.

NOVAK/WYTHE - MOVED TO AMEND AS PART OF PROCEEDING WITH THAT VOTE THAT WE INCLUDE THE STATEMENT THAT WE WOULD OPEN UP THE SEAT FOR PEOPLE TO APPLY FOR ONE WEEK AND WE WOULD ASK THAT THE PEOPLE THAT HAVE APPLIED SUBMIT A LETTER OF INTENT AND THAT WE WOULD PROCEED TO VOTE AT THE NEXT COUNCIL MEETING BASED UPON THE RULES THAT WE AGREE UPON AT THIS POINT IN TIME.

Councilmember Yourkowski inquired if Councilmember Beck may vote on this matter.

Mayor Hornaday read the Attorney's email into the record regarding Councilmember Beck not being allowed to participate in the selection methodology: (This email was sent to the City Manager and City Clerk received this morning via email and forwarded to the Council and copied to the Mayor)

Both of you have asked questions about whether Rose can take part in certain

council decisions that relate in some way to appointing her replacement.

No doubt it comes as no surprise to you when I say there is no hard and fast

rule. The principle, though, is until Rose's resignation takes effect, she

is fully qualified to act as a council member in all matters, except the

appointment of her own successor.

What does that mean in application? I think that it probably means Rose can

vote on whether to "accept" my legal opinion and whether to release it to

the public; but she should not vote on what procedure to follow to appoint

her successor. The former is merely whether they will receive and release

my advice, while the latter would be one of the steps in the process of

actually selecting a replacement.

I am not quite sure what a vote to "accept" my letter would mean or

accomplish. I have already sent my opinion, and it has been physically

received. A motion to "accept" my advice would seem to be somewhat

ambiguous, and perhaps mostly a ministerial act.

On the other hand, deciding what to do to implement (or not implement) my

advice with respect to Rose's replacement is a more substantive decision.

Finally, may I add that it is appropriate and maybe quite helpful to follow

the standard rules of parliamentary procedure concerning the election of

the successor. Elections to office are addressed in Section 45 of Robert's

Rules (1990 edition). Also, bear in mind that rulings on such parliamentary

procedures are made by the presiding officer (mayor), subject to appeal to

the body as a whole, as provided in Robert's Rules Section 24 (1990 ed.)

I hope this is helpful.

Gordon Tans

Discussion ensued.

Councilmember McLay requested a ten minute recess.

Mayor Hornaday called for a recess at 8:33 p.m., reconvening the meeting at 8:43 p.m.

Discussion continued.

Councilmember Beck stated that she would not be voting.

Council commented that the amendment is a good compromise. There was concern regarding advertising and Council voiced their belief that the advertising could get in at least one of the papers this week and that it would be and is on the Radio.

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

Motion carried.

There was no further discussion.

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

Motion carried.

YOURKOWSKI/NOVAK - MOVED TO MAKE THIS MEMO (LEGAL OPINION), FILLING VACANCIES, FROM GORDON (CITY ATTORNEY), PUBLIC.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

NEW BUSINESS

A. Consent Agenda Item N. Memorandum 05-56, from Councilmember McLay, Re: Zoning buffer. Recommend approval.

WYTHE/McLAY - MOVED TO ACCEPT MEMORANDUM 05-56 BY READING OF TITLE.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

WYTHE/YOURKOWSKI - MOVED FOR RECONSIDERATION OF MEMORANDUM 05-56.

No discussion.

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

Motion carried.

MAIN MOTION BACK ON THE FLOOR.

Discussion about including a response date.

WYTHE/McLAY - MOVED TO AMEND THAT WE INCLUDE A REQUEST FOR RESPONSE FROM THE PLANNING COMMISSION BY OUR SECOND MEETING IN APRIL. (Scheduled for April 25, 2005.)

There was no discussion.

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

Motion carried.

There was no discussion.

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

Motion carried.

RESOLUTIONS

A. If reconsideration passes: Resolution 05-28(A), Of the Homer City Council Urging the Kenai Peninsula Borough Assembly to Amend Borough Ordinance 2005-05 Regarding the Proposed Transient Accommodations Tax to Provide for an Equitable Distribution and Sharing of the Tax Revenues with Cities with the Borough.

If reconsideration passes Main Motion is back on the floor as amended.

Main Motion: BECK/YOURKOWSKI - MOVED FOR THE APPROVAL OF RESOLUTION 05-28 BY READING OF TITLE.

Initial Amendment that passed: NOVAK/YOURKOWSKI - MOVED TO AMEND THE NOW THEREFORE BE IT RESOLVED CLAUSE TO INSERT AFTER HAVE, "THE FULL AMOUNT DEDUCTED" FROM THE BOROUGH TAX.

Councilmember Wythe noted that she and Councilmember Novak both attended the Public Hearing that the Kenai Peninsula Borough had Monday, March 28th in the Cowles Council Chambers. She commented that a substitute Ordinance was presented by the Assembly.

WYTHE/NOVAK - MOVED TO CHANGE ALL REFERENCES OF THE BOROUGH ORDINANCE NUMBER 2005-05 TO BOROUGH ORDINANCE 2005(S).

Councilmember Yourkowski inquired if this were Ordinance 2005-05(S) and Councilmember Wythe confirmed. The amendment will read 2005-05(S).

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

Motion carried.

WYTHE/NOVAK - FURTHER AMEND TO MAKE A MOTION TO REMOVE THE SECOND WHEREAS: WHEREAS, Ordinance 2005-05 (S), as presently written, does not provide a mechanism to share anticipated new tax revenues with cities located within the Borough, and

There was no discussion.

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

Motion carried.

WYTHE/NOVAK - FURTHER MOVE ON THE NEXT WHEREAS TO AMEND THAT TO READ: WHEREAS, Ordinance 2005-05 (S), as presently written, does not provide a mechanism for [permit] cities to levy their own transient accommodations tax; and [and to have that levy deducted from the Borough's rate of levy, and]

There was no discussion.

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

Motion carried.

WYTHE/NOVAK - FURTHER MOVE FOR THE FIFTH WHEREAS, WHEREAS, a uniform tax rate throughout the entire Borough is important because it avoids confusion for tourists and it prevents businesses located outside of City Boundaries from having a competitive advantage over those that are located within Cities, and, STRIKE THIS WHEREAS AND REPLACE IT WITH:

WHEREAS, Businesses that will be charged with levying these taxes would want the revenue reinvested into promoting growth in the Visitor's industry; and .

There was no discussion.

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

Motion carried.

WYTHE/NOVAK - THE NEXT WHEREAS STATEMENT, MOVE TO DELETE FROM DELAYED THROUGH THE END AND SUBSTITUTE IN THERE SO THAT IT WOULD READ: WHEREAS, the City of Homer has considered levying its own transient accommodations tax in recent years but has[ delayed action, in large part, because it believed that this type of tax should be levied by the Borough and should be uniform throughout the Borough, and] been legally unable to levy such a tax; and

There was no discussion.

VOTE:(Primary amendment 5) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

WYTHE/NOVAK - THEN ON THE FOLLOWING PAGE THE FIRST WHEREAS, MOVE TO STRIKE FROM THE CITY OF HOMER THROUGH THE END AND REPLACE WITH THE STATEMENT WOULD BE: WHEREAS, Ordinance 2005-05(S), as presently written, could[would] have an [very] adverse financial impact[s] upon the [City of Homer because it would effectively preclude the community from levying a transient accommodations tax in the future. ] Peninsula Cities, which already have sales taxes.

There was no discussion.

VOTE:(Primary amendment 6) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

WYTHE/YOURKOWSKI - MOVED FOR THE NOW THEREFORE TO BE AMENDED TO STRIKE OUT THEIR OWN AND TO PLACE A PERIOD STRIKING THE BALANCE OF THE SENTENCE AFTER TAX, SO THE NOW THEREFORE WOULD READ: NOW THEREFORE BE IT RESOLVED, that Homer City Council hereby recommends that the Borough Assembly amend Ordinance 2005-05 (S) to allow municipalities to levy[ their own] accommodation [s ]tax [and have the full amount deducted from the Borough tax], and

NOVAK/ - MOVED TO ADD THEIR OWN.

Mayor Hornaday did not recognize the secondary amendment and there was no second.

There was no discussion.

VOTE:(Primary amendment 7) YES: BECK

NO: McLAY, WYTHE, YOURKOWSKI, STARK, NOVAK.

Motion failed.

WYTHE/NOVAK - MOVED TO AMEND THE NOW THEREFORE TO READ: NOW THEREFORE BE IT RESOLVED, that Homer City Council hereby recommends that the Borough Assembly amend Ordinance 2005-05 (S) to allow municipalities to levy their own accommodations tax [and have the full amount deducted from the Borough tax], and

There was discussion that what this amendment does is to get to a recommendation that the Borough not use bed tax as a mechanism for deriving revenues for the Borough and to leave that option for the Cities.

VOTE:(Primary amendment 8) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

WYTHE/NOVAK - MOVED TO AMEND UNDER THE BE IT FURTHER RESOLVED, TO AMEND IT TO READ: BE IT FURTHER RESOLVED, the Council recognizes that the Borough and the Cities within it are all facing budget challenges and it urges the Assembly to work cooperatively with Cities to solve these problems by mechanisms such as looking at other uncaptured revenues.[ in the best interest of all Borough residents.]

There was no discussion.

VOTE:(Primary amendment 9) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

The Resolution body would be as follows:

A RESOLUTION OF THE HOMER CITY COUNCIL URGING THE KENAI PENINSULA BOROUGH ASSEMBLY TO AMEND BOROUGH ORDINANCE 2005-05(S) REGARDING THE PROPOSED TRANSIENT ACCOMMODATION TAX TO PROVIDE FOR AN EQUITABLE DISTRIBUTION AND SHARING OF THE TAX REVENUES WITH CITIES WITHIN THE BOROUGH.

WHEREAS, the Kenai Peninsula Borough Assembly has introduced Ordinance 2005-05(S) entitled " AN ORDINANCE ENACTING KPB CHAPTER 5.19, PROVIDING FOR A TRANSIENT ACCOMMODATION TAX, AND PROVIDING FOR THE SUBMISSION TO THE VOTERS OF A PROPOSITION AUTHORIZING THE BOROUGH TO IMPOSE THIS TAX." and

[WHEREAS, Ordinance 2005-05 (S), as presently written, does not provide a mechanism to share anticipated new tax revenues with cities located within the Borough, and]

WHEREAS, Ordinance 2005-05 (S), as presently written, does not provide a mechanism for [permit] cities to levy their own transient accommodations tax; and [and to have that levy deducted from the Borough's rate of levy, and]

WHEREAS, the Cities of Homer, Seward, Seldovia, Kenai, and Soldotna provide a very large proportion of the services, including accommodations, that visitors to the Kenai Peninsula enjoy, and

[WHEREAS, a uniform tax rate throughout the entire Borough is important because it avoids confusion for tourists and it prevents businesses located outside of City Boundaries from having a competitive advantage over those that are located within Cities, and]

WHEREAS, Businesses that will be charged with levying these taxes would want the revenue reinvested into promoting growth in the Visitor's industry; and

WHEREAS, the City of Homer has considered levying its own transient accommodations tax in recent years but has[ delayed action, in large part, because it believed that this type of tax should be levied by the Borough and should be uniform throughout the Borough, and] been legally unable to levy such a tax; and

WHEREAS, Ordinance 2005-05(S), as presently written, could [would] have an [very]adverse financial impact[s] upon the [City of Homer because it would effectively preclude the community from levying a transient accommodations tax in the future. ] Peninsula Cities, which already have sales taxes.

NOW THEREFORE BE IT RESOLVED, that Homer City Council hereby recommends that the Borough Assembly amend Ordinance 2005-05 (S) to allow municipalities to levy their own accommodations tax [and have the full amount deducted from the Borough tax], and

BE IT FURTHER RESOLVED, the Council recognizes that the Borough and the Cities within it are all facing budget challenges and it urges the Assembly to work cooperatively with Cities to solve these problems by mechanisms such as looking at other uncaptured revenues.[ in the best interest of all Borough residents.]

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

Motion carried.

B. Resolution 05-40(S), Of the City Council of the City of Homer, Alaska Certifying theResults of the City of Homer Special Election Held March 22, 2005. City Clerk. Canvass Board. Substitute certificate.

NOVAK/BECK - MOVED FOR THE ADOPTION OF RESOLUTION 05-40(S) BY READING OF TITLE.

There was no discussion.

For results see Canvass Board Report under visitors. The Sales Tax increase of one percent was the only item on the ballot and it passed 504 to 293.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

C. Consent Agenda Item I. Resolution 05-36, Of the Homer City Council Authorizing the Lifting of the Temporary Hiring Freeze on Vacant Positions Imposed by Resolution 04-107 for Certain Positions Due to Emergency. City Manager. Fiscal Note: All positions are budgeted for FY 05. Recommend adoption.

WYTHE/BECK - MOVED FOR THE ACCEPTANCE OF RESOLUTION 05-36.

The NOW THEREFORE BE IT RESOLVED clause reads: That the City Council finds that an emergency exists and authorizes the City Manager to advertise for and fill the following vacant positions prior to expiration of the temporary hiring freeze on June 30, 2005: Harbor Officer I, Equipment Operator 1, Parks Laborer/Seasonal, Police Officer, Public Safety Dispatcher, Jail Officer, Assistant Fire Chief and the Planning Clerk.

Councilmember Wythe inquired about the positions. The Fire Chief, Public Works Director, Chief of Police all responded accordingly and presented the facts surrounding the need to fill these positions.

WYTHE/McLAY - MOVED TO AMEND THE NOW THEREFORE STATEMENT, LIKE TO AMEND THAT THE EQUIPMENT OPERATOR ONE WOULD BE DEFERRED FOR HIRING UNTIL THE FALL.

There was further discussion regarding the importance of this position to fulfill the service requirements particularly to the annexed areas. The Equipment Operators are just as important in the summer as in the winter.

Councilmember Stark stated that the forecast is that it is going to snow six inches tonight and that the last thing that the Council needs to do, having received this million dollar bonanza is to cut our people.

Councilmember Beck stated that it is high time she went on record as agreeing with Doug Stark.

Discussion ensued.

VOTE:(primary amendment) YES: WYTHE.

NO: McLAY, YOURKOWSKI, STARK, NOVAK, BECK.

Motion failed.

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

Motion carried.

D. Consent Agenda Item L. Resolution 05-39, Of the Homer City Council Supporting Extension of the Sunset Provision Applicable to Reemployment of Retired Members of the Teachers' Retirement System and the Public Employees' Retirement System. City Manager. Recommend adoption.

Memorandum 05-54, through City Manager as backup.

WYTHE/YOURKOWSKI - MOVED FOR THE ACCEPTANCE OF RESOLUTION 05-39 BY READING OF TITLE.

There was a brief comment leading up to the amendment.

WYTHE/ - MOVED THAT THE FINAL NOW THEREFORE, NOW THEREFORE BE IT RESOLVED THE CITY OF HOMER SUPPORTS THE ELIMINATION OF THE SUNSET PROVISION APPLICABLE TO THE REEMPLOYMENT OF RETIRED MEMBERS OF THE TEACHERS RETIREMENT SYSTEM AND PUBLIC EMPLOYEES RETIREMENT SYSTEM.

Motion died for lack of a second.

There was no discussion.

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

Motion carried.

E. Consent Agenda Item K. Resolution 05-38, Of the Homer City Council Requesting that the Kenai Peninsula Borough Cap Increase in Land and Existing Improvement Assessments at 10 Percent of the Previous Years Assessment and Making this Cap Apply to the 2005 Tax Year. Yourkowski. Recommend adoption.

YOURKOWSKI/BECK - MOVED TO ADOPT RESOLUTION 05-38 BY READING OF TITLE

Councilmember Yourkowski stated that he believed a lot of residents were shocked by their property assessments/tax increases this year.

Councilmember Stark stated that he does not believe the Borough will have anything to do with this Resolution and, more importantly, it flies in the face of state law which requires the Borough Assessors to assess land and improvements at their full and correct value. He continued to comment on assessments increases, which often mean that a property owner has been paying less than their fair share for years. He pointed out that it is a violation of state law to put in a cap.

Councilmember Wythe voiced disagreement with Councilmember Stark's statement that people have been paying less than their fair share if and when their assessments increased. She noted that there have been incredible increases in property values and not because people have not been paying their fair share. She continued to comment along the same lines.

Discussion ensued.

VOTE: YES: NOVAK, BECK, WYTHE, YOURKOWSKI.

NO: STARK, McLAY.

Motion carried.

F. Consent Agenda Item F. Resolution 05-33, Of the Homer City Council Supporting the Continuation of the Senior Citizen and Disabled Veteran's Tax Exemption and Urging the Alaska Legislature to Provide Full Reimbursement to Municipalities as Provided by Law. Wythe. City Manager as directed by the City Council on March 14, 2005 via Memorandum 05-48(A). Fiscal Note: Revenues. Recommend adoption.

NOVAK/BECK - MOVED TO INTRODUCE RESOLUTION 05-33.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

YOURKOWSKI/WYTHE - MOVED TO RECONSIDER.

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

Motion carried.

MAIN MOTION IS BACK ON THE FLOOR.

Councilmember Novak commented about John Velsko's suggestion for an amendment.

NOVAK/ - MOVED TO LEAVE THE TITLE AS IT IS AND GO TO THE SECOND WHEREAS AND DELETE THE PORTION WHERE IT SAYS THE CITY MANAGER TO PREPARE RESOLUTION AND DROP OFF THE SUPPORTING THE CONTINUATION OF THE EXEMPTION ETC.

City Clerk Calhoun advised that this whereas clause depicts history, something that was already done as directed by the City Council.

Motion was withdrawn.

NOVAK/WYTHE - MOVED TO AMEND THE NOW THEREFORE BE IT RESOLVED, That the Homer City Council hereby expresses its support for the Tax Exemption and request that the Alaska State Legislature fully fund reimbursement to the municipalities. [Senior Citizen and Disabled Veteran's Tax Exemption as it presently exists, and]

There was no discussion.

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

Motion carried.

There was no discussion.

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

Motion carried.

COMMENTS OF THE AUDIENCE

Audience comments upon any matter.

Ray Kranich thanked the Mayor and Council commented that he stuck around, because the meeting was very informative and an enjoyable meeting to attend from the front side. He commented on the voters approving the sales tax increase and that he does not feel that it would be fiscally responsible "to start spending those dollars". He commented that approximately $250,000.00 is needed for PERS, approximately $100,000.00 for library loan payment, an undetermined or at least undisclosed to the public amount of O and M costs for the new library, and approximately $300,00.00 in unfunded depreciation, which all means that a very large portion of the additional sales tax monies are spoken for. He urged the Council to not get busy trying to spend the additional money, most of which are already gone.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans was not present.

COMMENTS OF THE CITY CLERK

City Clerk Calhoun had no comment.

COMMENTS OF THE CITY MANAGER

City Manager Wrede had no comment.

COMMENTS OF THE MAYOR

Mayor Hornaday reported that the Animal Shelter Ceremony was wonderful and that he thinks some of the animals are living better than some of the citizens of Homer. He congratulated everyone that worked on that project that it is a wonderful accomplishment. He invited all to participate in the Hockey Rink dedication this Saturday at 1:30 p.m. He urged the Council to consider opposing any attempt by the Borough to raise sales taxes, that Homer just raised its sales tax and that he does not think that the Citizens of Homer need another increase in the sales tax. He noted that this is the first meeting Council has held in the newly named Cowles City Council Chambers, named after Homer's first Mayor.

COMMENTS OF THE CITY COUNCIL

Councilmember Beck stated that she has said all that she needs to say, thanked all and wished all well, and to go with the spirit.

Councilmember Yourkowski commented to Ray Kranich that the Council is well aware that "this just covers", that they still have to be very fiscally conservative and that they are trying.

Councilmember Novak voiced agreement with Councilmember Yourkowski, that they understand that Councilmember Wythe was working toward that point tonight when she was looking at the budget and spending money for positions that the City had a freeze on. He stated that the City is being fiscally conscious.

Councilmember Wythe voiced agreement with prior Council comments and that they will still have to look at every dime, adding that there are some potential minor adjustments that they can do that will provide measures of economy. She stated that she would very much like to see the Council come back, as looking at the portion of revenue for this year, with an Ordinance to dedicate more of those funds to depreciation, that she will be talking with the City Manager about that and that she believes this to be one of the City's major short falls. She promised that the last of depreciation, from her, has not been heard.

Councilmember Stark commented that he would appreciate extensive revisions in Ordinances and Resolutions, at the minimum hand written, and hopefully typed or printed. He pointed out that in the past when these things came up, during the break, the person that had one of these things with extensive revisions made copies and brought these into the Council. It is just about impossible to determine what is going on when these are handled in a piece meal manner. He pointed out that as far as funding the positions, that these are not new positions, these are existing positions that had been deferred with a hiring freeze pending the receipt of additional money, which the voters did grant. Therefore, the present level of service may be maintained by lifting the hiring freeze on those positions.

Councilmember McLay stated that he would like the Council to consider providing for the Council an opportunity to ask questions of the public commenters or for the Council to be able to answer a question the public might have to keep thirty other people from asking the same question that Council will deal with two hours later in the meeting. He thanked the Council for the night.

Mayor Hornaday thanked the Council noting that this is their third meeting today.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 9:38 p.m. The next regular meeting is scheduled for Monday, April 11, 2005 at 7 p.m. The next Committee of the Whole is scheduled for Monday, April 11, 2005 at 4 p.m. There may be a worksession at 5:30 on Monday, April 11, 2005 if the Council agrees during Committee of the Whole. All meeting are scheduled to be held in the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

MARY L. CALHOUN, CMC, CITY CLERK Approved: Date: _________________________