Session 04-26, 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. Inlet Winds played the Star Bangle Banner leaving off the last measures/phrase to demonstrate the effect when something is missing. This was done in testimony against deleting Community Schools from the 2005 Budget.

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

STAFF: CITY MANAGER WREDE

CITY CLERK CALHOUN

FINANCE DIRECTOR BAUGH

PORT/HARBOR DIRECTOR DEAN

PUBLIC WORKS DIRECTOR MEYER

The Council's Committee of the Whole was conducted from 4 p.m. to 5:23 p.m. Regular Meeting Agenda, which includes the 2005 Budget.

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

AGENDA APPROVAL

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

WYTHE/STARK - MOVED FOR THE APPROVAL OF THE AGENDA.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

The following changes were not officially acknowledged: Consent Agenda, Back up to Memorandum 04-145, Borough letter regarding Liquor License Renewals; Public Hearing and Ordinance - Substitute Ordinance 04-53(S) with Memorandum 04-149 from Finance Director regarding Changes, Substitute Resolution 04-94(S) and Written Public Testimony on the Budget; and to City Manager's Report, City Manager's Report.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public may comment on anything on the agenda excluding the public hearing items which are the Spit Parking Implementation Plan and the 2005 Budget Ordinance 04-53(S) and attached Resolutions 04-94(S) - 04-98.

Eileen Faulkner, City resident and President of Homer Animal Friends, voiced support of Resolution 04-101, consideration of hiring a full time and a part time City Employment for the operations and management of the new Animal Shelter. She acknowledged that it will probably cost more than the current operation budget, assuming that this is due to the benefits. She noted, as the government realized about halfway through her military career, that cheaper is not necessarily better. She commented on the new shelter being a million dollar facility and that it should be run in a professional manner with a set of standards for operation and that the individuals running the place should be accountable for those actions. She emphasized that Homer Animal Friends will continue to support the shelter, as currently does, with medications, supplies, etcetera. She reported that they are in the process of purchasing start up appliances that were dropped out of the project budget. She asked the Council to support the hiring of the two positions.

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.)

Councilmember Stark requested that Item. C. Resolution 04-100 be placed under Resolutions.

Councilmember Yourkowski requested that Item B. Resolution 04-99 be placed under Resolutions.

A. Homer City Council unapproved meeting minutes of October 25, 2004 Regular Meeting and November 15, 2004 Special Meeting. City Clerk. Recommend approval.

B. Resolution 04-99, Of the City Council of Homer, Alaska Extending the Courier Service Contract with O'Leary Enterprises for 2005 in the Amount of $935 per Month, plus Additional Trip Fees as bid in 2000 and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Courier Service is budgeted 100.140.5243. 2005 Budget, not adopted until 12/04. Recommend adoption.

C. Resolution 04-100, Of the City Council of the City of Homer, Alaska Expressing Support for the Refurbishment of Tanker 1 and Adding this Project to the Appropriate City CIP and Legislative Priority Lists. Stark. No fiscal note. Recommend adoption.

D. Memorandum 04-145, from City Clerk, Re: Liquor License Renewal of Beverage Dispensary Tourism License Best Western Bidarka Inn, Renewal and Transfer of Package Store Licenses for the Grog Shop and the Rum Locker and Renewal and Transfer of Package Store - Seasonal Licenses for Homer Liquor and Wine Company, Patel's and Patel's #2. Fiscal Note: Revenue. Recommend voice non objection and approval.

BECK/STARK - MOVED TO APPROVE THE CONSENT AGENDA. (Items B. and C. placed under Resolutions.)

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT. (Items A. and D.)

Motion carried.

VISITORS

A. Michael Illg, Community Schools. (Information provided in packet. )

Michael Illg, Coordinator for the Homer Community Schools, advocated for and described the Community Schools Program and its importance in Homer.

B. Heather Beggs, Pratt Museum.

Heather Beggs, Director of the Pratt Museum, described some of the exceptional services that the Museum provides in Homer, reminded the Council of the City's contractual obligation to maintain the Museum for its citizens, the importance of maintaining, at the least, funding at the 2003 level, and the history of the City's support.

She thanked the City for all it has given the Museum on behalf of its constituents, a community of forward thinking individuals committed to preserving their past and continuing to explore their people and place at an institution the community created.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. Memorandum 04-147, from Councilmember Stark, Re: AML Report.

Councilmember Stark added a report about a discussion with Mike Burns, the Executive Director of the Alaska Permanent Fund, who mentioned a percent of market value without a vote of the people. He relayed that the polling shows that the people want the principle protected, the statutory percent of market value would protect the principle, the Permanent Fund grows about $1.4 billion each year from investments and about a quarter of a billion from income from oil revenue. It is a question of whether or not the legislature will meet their fiduciary responsibilities with adoption.

B. Memorandum 04-148, from Councilmember Beck, Re: AML Report.

Councilmember Beck stated for the public that during the time they are attending these conference workshops and seminars, that assist with education of the workings of the City, they are linking and networking with people from other communities and other cities. She emphasized that she was most edified at the fact that the City of Homer has a really fine reputation in the state as someone who people like doing business with, which relates to Mayor, Council and City staff. She noted that this was a recurring theme during the conference.

C. Presentation to Councilmembers McLay and Wythe for Completion of Newly Elected Officials Seminar.

Mayor made presentation of the AML Certificates to Councilmembers McLay and Wythe for successfully completing the Newly Elected Officials Seminar, November 8 and 9th in Fairbanks, Alaska.

Assemblyman Chris Moss gave a brief report on the status of the Sales Tax Cap Ordinance, which was postponed to March, 2005. He advised that the Assembly wants to look at the entire budget package, adding that the Borough is facing the same budgetary constraints as the cities are facing. There was a brief question and answer period.

Parks and Recreation Commissioners Tolva and Hamik gave a report on the last Commission meeting..

Commissioner Tolva thanked the Mayor and Council for all the work that they do for the City of Homer and that it is very much appreciated. She advised that at the last Commission meeting they heard testimony from Ian Laing regarding Rotar Act (Rotary Club sponsored Activity), a national outfit concerned with trails projects particularly focused on kids and that he wants to help out and help facilitate Homer's network of trails under the Non Motorized Transportation Plan. The next Trails Committee Meeting is Tuesday, December 14th at 7 p.m. in the City Hall Conference Room. She reported that the Commission also heard from Mike Illg, Community Schools, and that the Commission sees the importance of Community Schools. The Community Schools Program affects everyone:

The Commission discussed the Tree USA program, a wonderful program and that the Commission realizes that Homer is not ready for this program at this time and can implement portions of the program. The Commission is working toward a Local Park Day to coincide with Arbor Day this spring, the weekend of May 14, 2005 and is before Trails Day and after the Shore Bird Festival. The Commission is gathering ideas for community events, which will be a part of Community Schools, as usual. A Trash Can painting activity has been set up. Desired is a Fire Works Show, although planning is too late for New Year 2005 and the Commission is working with the Chamber of Commerce to make this an annual event. The Commission supports the Round a Bout concept, that this smooths the traffic flow in a way that is cheaper to implement than a traffic light, practically zero maintenance, better looking, fewer accidents and of those accidents that do occur these are less severe, according to studies. The Commission voted to recommend that the Council utilize Round a Bouts as recommended in the Non Motorized Transportation and Trails Plan. The Parks and Trails Map is number two on the Commission's priority list and is being worked upon. City Manager Wrede was thanked for bringing to the Commission's attention the $15,000.00 originally parks money for the Hockey Rink and that they recommend that this $1,000.00 of this be put toward the Parks and Trails Map and that $14,000.00 be put toward the much needed repairs at Karen Hornaday Hillside Park. The Commission's priority list, top five: Karen Hornaday Hillside Park Improvements, Parks and Trails Map, playground equipment, trail signage and bike racks.

PUBLIC HEARING(S)

A. Spit Parking Implementation Plan.

Don Lane, resident, advised that he sent a letter to the Port and Harbor Commission for their last meeting and that he will see that the Mayor and Council get a copy. He stated that he owns the fishing vessel Predator, that he ties up at stall E. 6 and uses Ramp 2, right in front of the Harbormaster's Office and restroom. He testified that it would be nice if this plan makes some money, if there is going to be a charge it should be profitable as opposed to negative cash flow. He wondered if the plan could pay for itself with paving and enforcement costs. He did not agree that paving is necessary. He emphasized the importance that the ramps stay available, for example that he be able to back his truck down the ramp and unload supplies. He objected to any restriction of this activity which hinders business activities. He voiced concern that the fire lane be kept clear, which is not done now and should be addressed. Unmanned vehicles should not be left on the ramp. He advised that the parking maid machine plan is unworkable when the boat business people have to run back and forth to town and that it would be expensive to have to put in $5 upon every reentry into the parking lot, a hardship, adding that the Spit really is the end of the world for fishing operations. He supported a permitting process for annual stall owners and others who have to use those spots. Mr. Lane voiced his opinion that there are some safety issues right in front of the Harbormaster's Office, between the boardwalk and restroom and that this has to be addressed. He suggested that there be a restroom on the boardwalk side of the road to cut down on some of the traffic going back and forth across the road and figure out a way to move a lot of that congestion to the other side of the harbor, perhaps the Harbormaster's Office could move to the other side. He voiced appreciation for the opportunity to speak.

Scott Adams, resident, suggested that the parking area be paved where the logs used to be and have a shuttle system that runs traffic. He voiced his opinion that the parallel parking needs to be taken off of the street and have that area for pedestrians. He objected to expecting people that work on the Spit to pay for parking and especially those who have stalls. He asked for a different solution than asking people to pay for parking and that the shop owners should have their own area, one or two parking spots. He noted that the big problem is the charter boats and their clients, knowing that these are going to be out fishing all day need an area for parking just like those who launch the boats. He pointed out that this is the majority of the parking. He commented on the overslope area, an ideal parking spot and where the Oyster Farmers want to put their shop. He voiced his opinion that the other side of the Spit be developed, where the logs used to be, to open up the whole Spit for development and not just one area.

Craig Forrest, Homer Yacht Club and non resident, stated that he has a business in Homer and has had a boat in the Homer Harbor, continually, since 1977. He advised that the Homer Yacht Club endorses the plan for Phase I and suggested that there be at least three to four handicap parking spots at each ramp and that he would really like to see an area near the ramps for people who have boats in the harbor, those who are paying stall fees. He suggested enforcement through a single paying tag for each boat. He suggested that there be a couple hundred feet near ramp four for boat owners, the other people could walk a little further, and perhaps do the same thing for ramps 1,2 and 3. He thanked the Council for their consideration.

Carole Hamik, resident, read a letter from Jack Hamik: As a moorage paying vessel owner where can I park for free? I pay over $1,000.00 for eight months parking for boat. Also, have a wood working business with a need to access and service boats. If they can't afford me the City gets no sales tax. Fishing Vessel Whale Song, Q.15. She thanked the Council.

Patti Boily, resident, stated that she does support the harbor's efforts to address the parking related problems and safety issues. She voiced her belief that the harbor is aware of the complaints the stall holders have and that these are being taken into consideration. She emphasized the need for stall holders to have no fee parking since the stall fees are significant. She suggested that there be 30 to 40 priority spaces set aside on either side of Ramp 4, maybe 20 on each side of the ramp, maybe on the overslope area for boat stall users only on a first come first served basis. She suggested sticker parking in these areas since boat owners pay for their boats and stalls and should have some rights to get to their boats. She asked for more handicap parking areas, two slots at the top of a ramp are not enough. She echoed Don Lane's comments, adding that the fish cleaning tables are at the ramp 4 area.

B. Ordinance 04-53, Of the Homer City Council Appropriating Funds for the Calendar Year 2005 for the General Fund, the Water-Sewer Fund, the Port/Harbor Fund, Debt Funds, Capital Reserve Funds (Conditional Expenditures). City Manager. Finance Director/Treasurer. (First Reading and Public Hearing November 22, 2004, Public Hearing December 6, 2004, Public Hearing and Second and Final Reading December 13, 2004.)

Memorandum 04-149, from Finance Director, Backup to Substitute Ordinance 04-53(S).

Substitute submitted and available for the public.

Public testimony only and includes testimony on Items B. 1. - B. 5, Resolutions 04-94(S) through 04-98., action under Item 9. Ordinances. There will be no action on the Resolutions until December 13th.

B. 1. Resolution 04-94, Of the City Council of the City of Homer, Alaska Amending the City of Homer Fee Schedule regarding Water Rates. City Manager. Finance. Fiscal Note: Changes addressed in budget. Follows same schedule as Budget Ordinance.

Substitute submitted and available for the public.

B. 2. Resolution 04-95, Of the City Council of the City of Homer, Alaska Amending the City of Homer Fee Schedule regarding Sewer Rates. City Manager. Finance. Fiscal Note: Changes addressed in budget. Follows same schedule as Budget Ordinance.

B. 3. Resolution 04-96, of the City Council of Homer, Alaska Revising Certain Portions of the Port and Harbor of Homer Terminal Tariff NO. 600. City Manager, Finance, Port and Harbor. Fiscal Note: Changes addressed in budget. Follows same schedule as Budget Ordinance.

B. 4. Resolution 04-97, Of the City Council of Homer, Alaska Extending the City Attorney Contract with Perkins Coie for the Period of January 1, 2005 through December 31, 2005 in the Amount of $7,650.00 per Month for Forty Five Hours and Authorizing the Mayor to Execute the Contract. City Manager. Fiscal Note: Budgeted in 100.100.5210, 2005 Budget addressed in budget document. Follows same schedule as Budget Ordinance.

Memorandum 04-146, from City Manager as backup.

B. 5. Resolution 04-98, Of the City Council of the City of Homer, Alaska Amending the City of Homer Fee Schedule. City Manager. Finance. Fiscal Note: Changes addressed in budget. Follows same schedule as Budget Ordinance.

Steve Wolfe, resident, commented about the new High School in 1985 and about how big it seemed and how easy it was to get lost and that they learned how quickly what a wonderful functional facility it is and how good it is for the kids and everyone there. Since that time there is the great Community Schools Program that has opened the whole facility for the community to share all of the talents of the people. All that is needed to keep the program going is to pay for a director. He stated that he would have liked to come to a meeting like this sometime in his 28 years as a resident and have the Council say that there is so much money and to ask how people would like it spent. He said that there always seems to be money available and that it is usually just a matter of priority, so what they are saying is that Community Schools needs to be made a very high priority. He thanked the Council.

Scott Fraley, resident, advised that he was recently introduced to Community Schools, having graduated High School a couple of years ago, and that kids his age feel kind of lost and that the Community Schools Programs provide an opportunity for interaction with older people and to feel like they are getting something. There are not a lot of things for kids to do around here, some are more creative than others. Community Schools Programs are good and healthy. He voiced strong support for the program, adding that the youth need to be invested in since they are the future. He thanked the Council.

Eric Rozeboom, resident, commented about meeting people in town and how repeatedly the idea of doing something for the young people has come up as a main topic in conversations. Community Schools is the most obvious solution and works. He noted his participation in the program and that it seems like a no brainer for the Council to use this program to fulfill part of their duty to the community. He encouraged the Council to fund the program, which are little funds. He thanked the Council.

Scott Turkington, born and raised here, stated that he has taken advantage of the Community Schools Program before he went to college and even more now and that the sports he is involve in are kind of the highlight of his day. He commented on the addition of Dodge Ball to the athletic sports side of the program and how amazing it is to see the number of people who have come out for this activity. He commented on the plays that are discussed where he works and that Community Schools is kind of a beacon of light in dark winter hours and how great it is to run around inside the gym. He noted the participation of varying age groups. He stated that he would hate to see this great, great program lost, emphasizing the number of people that participate.

Andrew Foley emphasized his support for the Community Schools Programs and commented on all the various activities of sports, arts, crafts, education and that it is the single biggest provider outside of school for education of people in this community. It would be very sad if people could no longer do these things, such as weave baskets under water, use a dark room or throw balls at each other's heads as hard as they can. People are learning things and about each other. He advised that he coaches swimming and meets a lot of people through that and Community Schools. $26,000.00 is a pretty bargain basement deal for someone to put all of that together. He emphasized that Mike Illg puts in a lot more than 40 hours a week. This is wonderful thing and a small price to pay. He suggested cutting something else or raising his taxes or do something.

Jeanne Parker, resident, stated that it is really important that the Council hears the amount of support that Community Schools has in this town and pointed out that the part about it being Community Schools and the cross over of all the ages. If Community Schools goes away there may be more costs to the Homer Police Department when people are wandering around in the winter not knowing what to do with themselves. Maybe the principles and secretaries will get a lot of phone calls on how to use the facility, the facility will just sit there and the town will be a lot less fun with a lot less community oriented activities. People not only take classes, but are encouraged to teach classes. She thanked the Council for their time.

Mayor Hornaday asked if he put up $1,000.00 if Ms. Parker could find 26 more people to put up a $1,000.00. He asked the audience how many would be willing to put up $1,000.00 to keep Community Schools going?

Some responses were: I already have. I can't give $1,000.00, but I could give some. Then every year we've got to put up a $1,000.00.

Wes Cannon, non resident, advised the Council that he has been a volunteer fencing instructor for Community Schools for eight years, which is a lot of time. He noted that he has invested a lot of his money in the program over the years. The Council Chambers would not hold all the people that came through the program last year. He voiced shock that $26,000.00 is even being discussed, that this is a paltry amount. At the risk of offending people, this program is worth a lot more than a dog pound. Dogs are important to a lot of people, kids are a lot more important. Mr. Cannon stated that he deals with kids and that two of his kids have gone to Junior Olympics last year and both qualified again this year, not a small thing. He commented on seeing a lot of at risk kids that use the program and stay off the street. He stated that if the Council would find minimum funding each year, put in the budget, that he knows that the Community schools participants would do their utmost to come up with the rest of the money. He thanked the Council very much for their time.

Dave Brann, annexation resident, stated that he is a strong supporter of Community Schools and the museum and urged the Council to use every ounce of their creativability to make the funding of both of those items fair. He thanked the Council.

Ben Martin advised that he is a fencer under Wes Cannon's instruction and that he has been fencing for about six years. He stated that he has qualified for the Junior Olympics twice, going again this year to Texas to compete in a nation wide tournament. He told the Council that he thinks his greatest passion in life is fencing, that it has directed him through school and through his out of school life a lot and that it really means a lot to him. He said that if Community Schools gets cut he is not sure what he will do, that he will mourn for a while and then get back on his feet. He said that this is really important to him to keep fencing. He thanked the Council.

David Raskin testified for he and his wife urging the Council to provide the critical funding for the continued operations of the Pratt Museum, a community treasure. He relayed that when they came in 1975 there were two things about Homer that really impressed them; the view from Baycrest Hill and the Pratt Museum. They and their kids bought a lot of stuff that they still have in their home today and they continue to spend money at the museum. He stated that it is imperative that the City fund the museum at the same level as past years and noted the benefits:

Mr. Raskin voiced his opinion that if the City does not approve the funding, Rose Beck's report next year about the City's reputation will be somewhat less complimentary.

Edna Conkel, resident, voiced support of the Community Schools Program advising that she has been dancing with the belly dance group for three years and that this is something that she looks forward to every week. As a mother of three and a child care provider this is her salvation, her mom time and that it gets her through her day. All the skill that people learn through Community Schools helps bring revenue into the City, such as the street faire. People come to these events and spend money at restaurants, entertainment, charters and all of that which generates sales tax revenue for the City. She voiced her opinion that spending the $26,000.00 for Michael's salary every year is a pittance compared to the benefit derived to the Community.

Glenda Hazelwood, resident, advised that she is also with the belly dance troop and has been for about one and half years. Community Schools provides teaching and crafts and what the program gives to the community comes back to the community. Such as the belly dancers who give dances for the community every year that are well received, well liked and without community schools it is unknown where they could practice.

Sue Posts, non resident but owns a business that provides quite a bit of sales tax to the budget, stated that she does not envy the Council's position, acknowledging that Council has some very difficult decisions ahead. She expressed sadness on hearing that the sales tax issue was voted down, knowing those funds would be a way for non residents and tourists to help pay for some of the City needs. She voiced support for Community Schools, she has participated in many courses over the years and that when she was a young child in Anchorage she recalled, with fondness, taking a calligraphy class with her mother, adding that she uses that skill almost daily. She listed some of the classes taken through Community Schools most while living in Homer: Foreign Languages. Volley Ball. African Jazz Dance. Various one night classes and workshops. Most recently - Inlet Winds, which was heard here tonight. She reported on enjoying the mix of ages in the courses, such as was shown tonight with the Inlet Winds. A beautiful high school with all of its facilities and it seems a crime to not use it as much as possible and share it with the whole community as it currently is used. Community Schools helps to keep our community a healthy sane place. She pleaded with the Council to do all that they can to keep the program going. She thanked the Council.

Scott Adams, resident, testified in favor of continuing the Community Schools Program, that he has watched the City spend money the last two years on an Animal Shelter and funding for the Town Square Center upwards to $800,000.00. He emphasized that the Community Schools Program is only $26,000.00 to help the community as a whole and that this needs to be an automatic. He voiced his opinion that a Bed Tax is needed in Homer as is a seasonal sales tax, instead of hitting the individuals who live here year round. Other ways need to be found to make it easier on everybody.

Peter Gundunas, resident, advised that he is involved in Community Schools on a couple of levels: One of the coaches, with Wes, on the fencing team. He said that he can't help but notice the talisman of power over the head of the Mayor, as a sort of demiguise, and that it could also be used as a metaphor for truth for our young people as well as veterans to learn to wield their physical sense in this sort of play at life. As one of the members mentioned, this has helped him academically as well as in his social endeavors. He told the Council that he also participates with the Belly Dance Group as drummer, therefore, gets physical and musical exercise benefit from Community Schools. There are basically five components to wellness and well being: Physical, Intellectual also for college credit, Spiritual - free exchange of ideas and better meeting place than others, Emotional - individuals and community at large particularly with the seasonal affects, and Social aspects - most important. He emphasized that an ounce of prevention is worth a pound of cure. What is the cost benefit of funding the administrator versus the after affect of not so correct behavior that may have to be dealt with by our law enforcement. He thanked the Council.

Lydia Kleine, resident, stated that she has been fencing for three or four years, qualified for Junior Olympics and hopes to qualify this year to go to Texas. She noted the importance of Community Schools to her, all her life, and to other kids. She stated that she would be pretty upset if she lost fencing and would probably have to find a way to do it, even if she had to leave Homer. She thanked the Council.

Ron Keffer, Homer High Principal, testified that when it comes to quality of life there are two key stone programs that the City funds: Community Schools and Pratt Museum. He urged, strongly, that the Council support these as best they can, this year. He told the Council that losing the Community Schools Program will make it very difficult to make the High School facility available in the way that it has been in the last many years, that this would be a real tragedy and that the High School is a tremendous facility that ought to be open to the public as much as possible. Having the Community Schools Director on the job, Michael Illg, is what makes that happen and without him it would be a really hard task. He voiced a realization that the Council is well aware of the broad range of activities that Community Schools sponsors and that the Council appreciates these as much as the rest of the community does. He asked the Council to please try to find a way to keep Community Schools going. He advised that he is also a member of the Pratt Museum Board, that the museum is one of the marvels of this town and urged the Council to support the museum as well.

Janet Bowen, resident and Director of Homer Council on the Arts, testified about funding for the non profits and about how interconnected everything is, such as when the Council on the Art produces something she contacts Michael Illg to arrange everything, such as the Nutcracker that about 2500 people will come to see this production in about one and half weeks at the High School. The Council on the Arts co produces some things with the Pratt Museum. All the non profits need funding. Council on the Arts pieces its budget together every year through a variety of state and City grants, user fees, admissions to events, philanthropic organizations, businesses and corporations, memberships and etcetera. It is exhausting to put this together every single year and it is exhausting to have to fight for it every year. She acknowledged the difficult situation that the Council is in with a limited amount of money and everyone wanting a little piece of it. It is very important to the Arts Council that they are fiscally responsible, one of their main goals and that they try to make every program offered financially successful including administrative fees to support their office and pay their bills. In a perfect world someone would come a long and say that they do such a great job and here's your funding so that you no longer have to worry about that and you can simply present the arts, or Community Schools or whatever. She voiced a hope that in the next couple of weeks the Council is able to find a little pot of money to spread throughout the community. She emphasized how much the Homer Foundation does for the community, how much she appreciates their work and hoped for a little money to go into the City Endowment, part of the vision of prior Councils. She thanked the Council.

Dale Banks, non resident and in City business owner, testified that he is a Community Schools user and has been so since his first winter here and plays volley ball and basket ball. The City has established a history with Community Schools of pretty consistent funding over the years, funding for staff. Cutting this funding down to zero is essentially making a staffing cut and a 100% staffing cut seems an egregious way to balance the budget. He suggested that if there are going to be staffing cuts that a more level way be considered across different departments. Community Schools should be a department in the Parks and Rec Department and not a non profit. Community Schools is more like a government service and not a non profit in the true nature of its organizational structure. Funding the Community Schools position is a very inexpensive way to get funding. The best way to get the most out of the infra structure is to continue to pay for the staff. He recommended that the City continue funding for the Pratt Museum at last year's level, adding that the Pratt Museum is great.

Owen Bauer, resident, advised that he is a student at the Flex High School and that there is a lot of press regarding the bad things that happen because of the Flex students. He noted the community involvement that High School students have through Community Schools Programs, a great outlet for all of the energies of every High School student, and that Flex students are taking advantage of Community Schools. He stated that he is not sure what they would do if there were not Community Schools. He noted that this is a good way to keep students off the streets and that he appreciates the opportunity.

Cherryl Eckley, non resident, stated that she has worked in Homer since 1998 and testified in support of funding for Community schools, noting that the Community Schools Program affects the people in the community. She commented about having foster children in her home for a couple of years, who have come from dysfunctional families, and that getting them actively involved in the Community Schools Program has been effectively in getting them to open up. She relayed being concerned about these children becoming adults with the kinds of values and views wherein they had been raised and that being allowed to be a part of the community system of schools with the integration and contacts has revealed the possibilities that there are better ways of looking at themselves and viewing themselves in their community. She voiced her opinion that there has got to be other ways of appropriating funds, cutting back a little bit here and there. Ms. Eckley told the Council that she would not be able to give $1,000.00, but would give her last dime to be able to help support these programs.

Daryl Farren noted that the school district actually does, in fact, kick in quite a bit of money for Community Schools by keeping the lights on and providing custodial services. Therefore, Homer is not the sole provider for the Community Schools Program. Homer residents are the ones using the school so why should the state fund the program.

Mayor Hornaday called for a break at 8:40 p.m. reconvening the meeting at 8:54 p.m.

Cris Beachy, resident, testified that it is a cardinal sin to take away Community Schools, that she and her daughter have used the Program many times over the years and that she highly supports Community Schools. She voiced appreciation for the Mayor's comment about who would support Community Schools by giving $1,000.00 and that she thinks this is a very valid issue. She noted that her business alone donates much more than $1,000.00 to mostly school oriented, non profit fund raising. She advised that she has been a hair dresser in Homer for over thirty years, that she has been at her house at the end of Mission Road since 1974 and has had her salon and imaging business there for over 13 years. She voiced her concern about the water rate increase, that she received the letter about the rates going up and that she does feel that it is a very small amount for the increase that it will cost to have the water, noting that the hauling is not the issue. She emphasized that she was annexed into the City, not wanting to be, but was so close to the line that there was no reason to fight it, so be it, that's the way that growth goes in Homer and that she is for organized growth in Homer all the way. However, no matter how little she will get in increase on her water costs she stated that she would highly appreciate getting City sewer and water. She commented on she and another lady signing a letter and sending it into the City to request to be included on the Mission Road LID, adding that a number of years ago there was a possibility of a line coming off of a subdivision across East Hill Road, bordering Tulins, down Mission Road and out to Kachemak City that would have to go through her property and was discussed years ago when Bruce Anderson was a local contractor. She stated that she would agree to a line crossing her property, depending on the location and that she knows that she will have to pay for all of that. She told the Council that she does not want to see Community Schools funded if her $5.00 per month, or whatever the increase, is going to help fund Community Schools, and if it is then so be it. She pointed out that she is in the City now and has gotten no extra benefit from being in the City. She voiced her opinion that this is just something that should be considered and inquired if this has been recently discussed. She thanked the Council.

City Clerk Calhoun advised that Mission Road water and sewer LID is in the process, at the request phase. She stated that she has received the letter that Ms. Beachy referred to.

Mayor and Council suggested that Ms. Beachy contact the City Clerk.

ORDINANCE(S)

A. Ordinance 04-53, Of the Homer City Council Appropriating Funds for the Calendar Year 2005 for the General Fund, the Water-Sewer Fund, the Port/Harbor Fund, Debt Funds, Capital Reserve Funds (Conditional Expenditures). City Manager. Finance Director/Treasurer. (First Reading and Public Hearing November 22, 2004, Public Hearing December 6, 2004, Public Hearing and Second and Final Reading December 13, 2004.)

Memorandum 04-149, from Finance Director, Backup to Substitute Ordinance.

Substitute submitted and available for the public. Substituted amounts are in bold underline:

WYTHE/NOVAK - MOVED FOR THE INTRODUCTION OF ORDINANCE 04-53 FOR FIRST READING.

There was no discussion.

BECK/WYTHE - MOVED TO AMEND TO SUBSTITUTE ORDINANCE 04-53(S).

General Fund $7,758,289 $7,769,931

Water/Sewer Fund $2,665,732 $2,745,732

Port/Harbor Fund $2,904,298

Capital Projects $1,995,553 $2,768,033

Internal Service Fund $1,164,720

Total Expenditures $16,488,592 $17,352,714

The property tax mill levy is set at 5.0 mills for 2005.

There was no discussion.

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

Motion carried.

There was no discussion.

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

Motion carried.

A. 1. Resolution 04-94, Of the City Council of the City of Homer, Alaska Amending the City of Homer Fee Schedule regarding Water Rates. City Manager. Finance. Fiscal Note: Changes addressed in budget. Follows same schedule as Budget Ordinance.

Substitute submitted and available for the public.

A. 2. Resolution 04-95, Of the City Council of the City of Homer, Alaska Amending the City of Homer Fee Schedule regarding Sewer Rates. City Manager. Finance. Fiscal Note: Changes addressed in budget. Follows same schedule as Budget Ordinance.

A. 3. Resolution 04-96, of the City Council of Homer, Alaska Revising Certain Portions of the Port and Harbor of Homer Terminal Tariff NO. 600. City Manager, Finance, Port and Harbor. Fiscal Note: Changes addressed in budget. Follows same schedule as Budget Ordinance.

A. 4. Resolution 04-97, Of the City Council of Homer, Alaska Extending the City Attorney Contract with Perkins Coie for the Period of January 1, 2005 through December 31, 2005 in the Amount of $7,650.00 per Month for Forty Five Hours and Authorizing the Mayor to Execute the Contract. City Manager. Fiscal Note: Budgeted in 100.100.5210. Changes addressed in budget. Follows same schedule as Budget Ordinance.

Memorandum 04-146, from City Manager as backup.

A. 5. Resolution 04-98, Of the City Council of the City of Homer, Alaska Amending the City of Homer Fee Schedule. City Manager. Finance. Fiscal Note: Changes addressed in budget. Follows same schedule as Budget Ordinance.

CITY MANAGER'S REPORT

A. City Manager's Report (Updates and follow up - Library Funding, Local Boundary Commission Hearing, Ice Rink Grant Funds, Ferry Home Porting, Fire Marshal Position, Construction Projects - Animal Shelter and Restrooms, Budget, RFP for the Convention and Civic Center, Griswold vs. City of Homer trial date set for November 2005, Corps of Engineers 20 year Dredging Plan; Journal of Commerce Article - Homer Norther Dynast and the Pebble Mine; Homer Chamber of Commerce Contracted Services Report; Homer Community Schools Annual Statistics; Open House Announcement Senator Gary Stevens; Pratt Museum News Releases; and AML/JIA FY 2003 Loss Control Award.)

City Manager Wrede voiced concerns regarding the Regionalization Plan that the North Pacific Management Council is about to take up the first week in December, adding that if this plan passes it could have very significant impacts for the City of Homer in terms of future bottom fish landings and processing. Fisheries will, hopefully, always play an important component in the development of future Homer economics. Council agreed to yield more information on this report to Alan Parks.

Alan Parks distributed a series of pages including a map of the State of Alaska with a line approximately starting from Cape Douglas southward paralleling the coast, through the Barrens, down past Cape Suckling to approximately 140 degrees longitude. This is the line specifically important to the City of Homer and the Kenai Peninsula and depicts regionalization. The North Pacific Management Council is considering an analysis of an option for privatizing ground fish in the Gulf of Alaska. Everything historically processed, regardless of where caught, either side of the line is where the fish will go for processing. All the ground fish delivered to west of that line for processing, if this option is adopted, will have to always be delivered west of that line. There are other elements and options. The Regionalization line will forever forbid the City of Homer and the Kenai Peninsula from being able to have an opportunity in the ground fish resource in the State of Alaska, a huge resource, a big issue. The time line at the Management Council level in Anchorage is that they have been dealing with this for a couple of years, have been slicing and dicing the elements and options of the different alternatives. There are two main alternatives with a variety of elements and options. The North Pacific Fisheries Council will meet in December and February to revise the options, with refining in February so that they can prepare a document for analysis. At that point it the plan will be narrowed down to some specific ways for privatization of the Ground Fisheries. Regionalization is dubbed as community protection. Mr. Parks encouraged the Council to decide what role they are going to play in these community protection provisions. He reported that the City of Kodiak is sending their City Manager, two Councilmembers to attend all of the Council meetings in Anchorage and have had a lawyer sitting in all the meetings for the past year. There are other people wanting to define community protection, therefore, Mr. Parks emphasized, it is important for Homer's Council to understand what is going on. Homer has a wonderful dock and has made a huge investment on creating processing and fishing opportunities. He encouraged the Homer City Council to not be asleep at the wheel and to build a record with the North Pacific Fisheries Council on Homer's position. Last year the Council passed a Resolution as did the Kenai Peninsula Borough Assembly. (1) The North Pacific Fisheries Management Council meetings: December 6th, 8 a.m., Advisory Panel. December 9th, Management Council. Another meeting of interest is the November 30th of the North Pacific Fisheries Association, in attendance will be Joe Childers from Western Alaska Fisheries Association, Russian Fleet representatives the small boat long line fleet, Glen Carrol local fisherman on a state task force regarding privatization, and other representatives from the state and borough. The December meetings are about 10 day meetings, the agenda jumps around and public testimony times are elusive unless you're present. City of Homer has a history of being for communities, independent fishermen, open markets, free enterprise and not for locking out the future. It is important for Homer to let the Federal and State delegations how Homer feels about the plan.

Council indicated a desire to have a Resolution submitted at the December 6th meeting regarding the Gulf of Alaska Rationalization Plan. Council noted that the previously adopted Resolution is still in effect. There was a general agreement that Homer ought to be in attendance.

City Manager Wrede will pursue Home Porting of the Ferry in Homer with the Alaska Department of Transportation. The Home Porting decision has been put off and there are several cities and ports that are not pleased about this decision. A prior Resolution of the Homer Council has stated that Homer wants the ferry to be Home Ported in Homer.

It was noted that the issue of Home Porting has been on going for years. The delay is a stalling tactic and not appreciated.

Councilmember McLay offered his assistance.

City Manager Wrede was asked to submit pros, cons and financial impact with regard to hiring a Fire Marshall at the December 13th meeting.

B. Bid Report, includes surplus equipment bid results.

Surplus equipment bids were opened on Friday, October 22nd after 2 p.m. 126 bids were received. RFP: Professional Consulting Services for a Homer Conference Center Feasibility Study - Proposals are due to the City Clerk by 4 p.m. December 1, 2004, one addenda has been issued, second is forthcoming.

C. Game Report

2005 Gaming Permit Applications filed: Homer Emblem Club #350 , Homer Senior Citizens, Inc. and South Peninsula Hospital Auxiliary

COMMITTEE REPORT

A. Town Center Development Committee Meeting Notes of October 21, 2004. The next meeting is scheduled for Thursday, November 18th from 5:30 p.m. to 8 p.m. at the Chamber of Commerce.

B. Road Standards Committee, next meeting not scheduled.

C. Beach Policy Committee, next meeting scheduled for Tuesday: November 30th: Meeting 7 p.m. City Hall Council Chambers.

PENDING BUSINESS

None scheduled.

NEW BUSINESS

STARK/WYTHE - MOVED TO SUSPEND THE RULES. (To take action regarding sending delegates to attend the North Pacific Fisheries Management Council's meetings in Anchorage the week of December 6th, particularly December 6th and 9th.)

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

YOURKOWSKI/BECK - MOTION TO APPROVE NECESSARY FUNDING FOR CITY MANAGER AND MAYOR AND INTERESTED COUNCIL PEOPLE TO ATTEND THE MEETINGS IN ANCHORAGE REGARDING REGIONALIZATION OF THE GULF OF ALASKA.

Concern was expressed about approving something that has not gone through a formal process or without noticing the public regarding this expenditure.

McLAY - CALLED FOR THE QUESTION.

Motion not seconded.

Brief clarification question about the motion.

The City Clerk read the motion.

There was no further discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

RESOLUTIONS

A. Resolution 04-101, Of the Homer City Council Approving and Adopting the City Administration's Recommendation Regarding the Provision of Services at the New Homer Animal Shelter. City Manager.

STARK/BECK - MOVED TO ADOPT BY READING OF TITLE RESOLUTION 04-101.

Councilmember Wythe addressed the propriety of hiring an individual and a half at a time when the Council is reviewing the budget this closely. She suggested deferring this for six months or a year and extending the current contract, thus providing an opportunity to review the City's financial position before obligating the City to additional employees and an additional benefit package. If the hiring is done now and then the City finds it cannot fund the position and lays the person off, the City has now invested the money into a benefits package of someone who has been laid off.

WYTHE/YOURKOWSKI - MOVED TO POSTPONE FOR SIX MONTHS. (2nd meeting in May)

The motion to postpone was discussed.

City Manager Wrede responded to Council inquiry that the staff has articulated the reasons for hiring rather than extending the existing contract. He stated that the six months would retain some flexibility for the Council as they work their way through the budget.

Discussion ensued. A Public Works person could do a walk through of the facility occasionally. The Police Officers could do the citations.

NOVAK/YOURKOWSKI - AMEND THE MOTION TO POSTPONE UNTIL AFTER WE FINALIZE THE BUDGET ON 13TH OF DECEMBER, IT'S A LITTLE LATER ON DOWN THE LINE, BUT WE MAY VERY WELL HAVE TO DO THIS, BUT WE ARE STILL WORKING WITH THE BUDGET AND IT'S A BUDGET ITEM.

Councilmember Stark noted that this is a million dollar facility, that the hiring of the positions is in the budget and that it is penny wise and pound foolish to try and save a couple of bucks and provide a reduced level of service with the fine new facility, an important function of the government. The City Manager's recommendation should be followed.

Councilmember Novak noted the public testimony about the Community Schools and priorities.

Councilmember McLay encouraged going with the 6 month postponement, adding that a portion of the funding for the person and a half could pay for Community Schools for the next year. The six months provides time to see if the City can find other funding, or if the City wants to hire staff to run the facility.

VOTE:(secondary amendment 1 to primary amendment1.) YES: WYTHE, YOURKOWSKI,

NOVAK, BECK.

NO: STARK, McLAY.

Motion carried.

There was no further discussion.

VOTE:(primary amendment 1. as amended) YES: YOURKOWSKI, NOVAK, BECK, McLAY,

WYTHE.

NO: STARK.

Motion carried. Postponed until budget finalized.

B. Consent agenda item B. Resolution 04-99, Of the City Council of Homer, Alaska Extending the Courier Service Contract with O'Leary Enterprises for 2005 in the Amount of $935 per Month, plus Additional Trip Fees as bid in 2000 and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Courier Service is budgeted 100.140.5243. 2005 Budget, not adopted until 12/04. Recommend adoption.

YOURKOWSKI/NOVAK - MOVED TO ADOPT RESOLUTION 04-99 BY READING OF TITLE.

City Manager Wrede responded to Council inquiry that this was not put out to bid since he has the option to go sole source on professional services, especially with contractor with a track record. All the departments are really pleased with the service.

Finance Director Baugh responded that it really is not more money for less service - the Shell Kiosk was moved to the Port/Harbor Office and Captain's Coffee was added. Courier spends numerous hours daily on courier services, not charging for extra trips although this is in his contract to charge for extra trips.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

C. Consent Agenda Item C. Resolution 04-100, Of the City Council of the City of Homer, Alaska Expressing Support for the Refurbishment of Tanker 1 and Adding this Project to the Appropriate City CIP and Legislative Priority Lists. Stark. No fiscal note. Recommend adoption.

STARK/McLAY - MOVED TO APPROVE BY READING OF THE TITLE.



Councilmember Stark pointed out that this Resolution is in keeping with the plan adopted by the Council on the 26th of July. (2) He noted that this tanker, a main fire vehicle, has 2300 miles on it and is nineteen years old. Discussed at the Committee level was moving equipment around to more evening distribute the usage and related to the age of the equipment. Refurbishment is more reasonable than replacement.

STARK/WYTHE - MOVED TO AMEND RESOLUTION TO ADD THE FIGURE AT THE LAST WHEREAS, COMMA ESTIMATED AT $125,000.00 PERIOD.

Councilmember Stark noted that this is so that the City can pick up the money from the state, City of Kachemak is going to throw in about a quarter of a million dollars since this has been based at the Kachemak Community Center. It is anticipated that there will be no cost to the City. He responded to inquiry that it will cost about $350,000.00 for refurbishment and that the equipment will be new from the basis of serviceability.

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

There was no further discussion.

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

Motion carried.

COMMENTS OF THE AUDIENCE

Audience comments upon any matter.

Mimi Tolva reported that she makes her living by fishing 100% out of Homer, crab, halibut, salmon and, hopefully, cod in the future. She stated that she wants the Council to know and to be very clear on the fact that these Fisheries Meetings in Anchorage, which she has been to and had her eyes opened rather rudely, are not about fair and equitable distribution of resources and is more about divvying up the pie. She cautioned the Council to not mistake, like she did, and think that what is fair is going to happen. She emphasized that will not necessarily happen unless the Council is there to stand up for Homer, interjecting that some of it is pretty blatant and one would not dream that this could happen. There is a reason why these little towns and other cities pay an attorney to attend these meetings, ten whole days plus all the little workshops or whatever, because this is about a very big possible resource for Homer or the loss thereof. A lot of fishing revenue has been lost to Homer, which is really hurting now and Homer does not want to lose any more plus future commerce such as the way things are going with Cod Fish. She noted that with the Fishery Council divvying up the resource with individual quotas, Homer does not want to be left out in the cold, there will be no other chance, it will be gone. She told the Council they did the right thing, this is not just a fishing issue it is an economic issue, a big one. She thanked the Council for listening and for listening to Alan Parks, a wonderful resource full of facts.

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 thanked everyone for their patience.

COMMENTS OF THE CITY COUNCIL

Mayor Pro Tempore Yourkowski congratulated the Mayor on running his first complicated meeting, that he thought the Mayor did well. He requested that the Council have a little more patience and consideration as the Mayor tip toes through the agenda.

Councilmember Wythe thanked Mike Illg, Heather Beggs and all the community members for their presentations. She voiced her hope that as the Council walks through the budget process that the community keep focus on the fact that the City's primary and first obligation is to maintain the core facilities and that there is not a blatant desire to just cut community services beyond that. She emphasized that Council needs to attend to the primary business first and the secondary business second. She congratulated the Mayor on a well run meeting.

Councilmember McLay echoed Councilmember Wythe's comments and thanked the public for laying their hearts and desires out on the table, which is touching. He noted that Council has to do what it needs to do and also needs to be concerned with how others are affected by Council action.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 10:07 p.m. A Budget Worksession is scheduled for Monday, November 29, 2004 at 5 p.m. A Special Meeting is scheduled for Monday, December 6, 2004 at 7 p.m. The next Regular Meeting is scheduled for Monday, December 13, 2004 at 7 p.m. The next Committee of the Whole meeting is scheduled for Monday, December 13, 2004 at 4 p.m. All meetings scheduled to be held in the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.
_____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Approved: _______________

City Clerk's Office, clerk@ci.homer.ak.us, 235-3130.

1. Resolution 03-142, Of the City Council of the City of Homer, Alaska, Supporting A Gulf of Alaska Groundfish Rationalization Plan that Unlocks the Value of Our Renewable Fishery Resources, Ensures Competitive Processing Markets (and Allows for Reasonable Growth) for Kenai Peninsula Ports, and Promotes Conservation of our Fishery Resource. Adopted 10/27/03.

2. Resolution 04-65, Of the City Council of the City of Homer, Accepting and Acknowledging the Homer Volunteer Fire Department (HVFD) 2004 Strategic Plan. Stark. HVFD. Strategic