Session 07-30 a Regular Meeting of the Homer City Council was called to order at 7:12 p.m. on November 26, 2007 by Mayor James C. Hornaday at the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

PRESENT: COUNCILMEMBERS: CHESLEY, HEIMBUCH, NOVAK, ROBERTS, WYTHE

ABSENT: SHADLE (excused)

STAFF: CITY MANAGER WREDE

CITY CLERK JOHNSON

PORT AND HARBOR DIRECTOR DEAN

FINANCE DIRECTOR HARVILLE

LIBRARY DIRECTOR HILL

PUBLIC WORKS DIRECTOR MEYER

POLICE CHIEF ROBL

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

Council met as a Committee of the Whole from 4:01 p.m. to 5:27 p.m. Agenda items included: East Boat Harbor Feasibility Study update by Patrick Fitzgerald, 2008 Budget and Regular Meeting agenda items. Council met for a Special Meeting from 5:35 p.m. to 7:02 p.m. that included presentation of the Climate Action Plan by the Global Warming Task Committee.

AGENDA APPROVAL

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

Amendments included: Announcements/Presentations/Borough Report/Commission Reports: Homer Chamber of Commerce, Re: Fireworks for 2008 Winter Carnival.

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

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public may comment upon any matter on the agenda except Public Hearing items: Ordinance 07-42, Appropriating Funds for 2008 for the General Fund, the Water-Sewer, Port/Harbor, Debt Fund and Capital Reserve Funds; Resolution 07-Draft, Revising Certain Portions of the Port and Harbor of Homer Terminal Tariff No. 600 and Amending the City of Homer Fee Schedule; Ordinance 07-45(A) & 07-45(A)(S) Amending Homer City Code Provisions Governing Telephonic Participation in City Council Meetings by the Mayor and Members of the Council; Ordinance 07-46, Amending the 2007 Budget (Capital Equipment) by Authorizing the Acquisition of Certain Equipment Using Cash from Depreciation Reserve Accounts Instead of Loan Financing; Ordinance 07-47, Amending the Official Road Maintenance Map of the City of Homer by Adding 2,083 Linear Feet of Road Improvements to Soundview Avenue, Shelley Avenue, Tajen Lane and Cabana Court; Resolution 07-106, Adopting the City of Homer Climate Action Plan.

Frank Griswold, city resident, expressed concern that the public will not be able to participate directly in the upcoming training for Councilmembers and Commissioners. He disagrees with the lack of recording of the training session, indicating a recording will prove what was said. The last time Attorney Gordon Tans gave a training session was in 1998, which was too long ago. A training video should be mandatory for officials. Alaska Statutes require the public to be given a reasonable opportunity to be heard; he questioned why the training session was not a special meeting. Attorney Tans may have a conflict of interest giving a training session on conflict of interest while defending a planning commissioner’s conflict of interest, which is ongoing.

RECONSIDERATION

None.

CONSENT AGENDA

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

A. Homer City Council unapproved meeting minutes of November 13, 2007 Special Meeting. City Clerk. Recommend approval.

B. Resolution 07-107, Of the City Council of Homer, Alaska Acknowledging the Surplus Equipment Bid Results. City Clerk. Recommend adoption.

C. Resolution 07-108, Of the City Council of Homer, Alaska Adopting an Alternative Allocation Method for the FY 08 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. City Manager. Recommend adoption.

D. Resolution 07-109, Of the City Council of Homer, Alaska Expressing Support for Two Capital Projects (Helistop and Cell Phone Repeater Antenna) Requested by the South Peninsula Hospital Service Area Board. Mayor. Recommend adoption.

E. Resolution 07-110, Of the City Council of Homer, Alaska Declaring its Sister City Relationship to Include both Yelizovo City and Yelizovo Region in Kamchatka, Russia. Mayor. Recommend adoption.

F. Resolution 07-111, Of the City Council of Homer, Alaska Noting Public Works Acceptance of the Kachemak Drive Phase I Water and Sewer Assessment/Improvement Projects, Accepting these Improvements for City Maintenance and Forwarding the Assessment Districts to the Final Assessment Roll and Payment Process and Setting a Public Hearing Date of January 14, 2008.  City Clerk. Recommend adoption.

Memorandum 07-182, from Public Works Director as backup.

G. Memorandum 07-172, From Mayor, Re: Appointment of Gaye Wolf to the City Hall – Town Square Review Committee. Recommend confirmation.

Item D – Resolution 07-109 was placed under Resolutions. Item F – Resolution 07-111 public hearing date corrected to March 10, 2008.

The Consent Agenda as amended was approved by unanimous consent of the Council.

VISITORS

A. Homer High School Senior Government Students

Mayor Hornaday acknowledged the Homer High School students in attendance.

B. Peg Coleman, Haven House

Peg Coleman, Director of Haven House, thanked Mayor and Council for working on many issues. The shelter ran over capacity all summer; it is well utilized. They work collaboratively with the Rotary, South Peninsula Hospital and Homer Police Department. Ms. Coleman praised the HPD for their exceptional cooperation; the police have gone beyond the call of duty in expressing human concern. The shelter and HPD share the same goal - community safety. A grant for child advocacy services was recently received to respond to child sexual assault. The Haven House opened in 2003 and now operates at a capacity of over 2,000 bed nights per year. Fundraisers, donations and grant opportunities are being explored.

C. Tina Day, Homer Chamber of Commerce

Tina Day, Chamber of Commerce Director, presented a PowerPoint update on the Chamber. Staff was introduced. New for the Chamber are: Investment funds - CDs with a goal to achieve three months operating reserve; Natural Resources Task Force, advisors for a well educated view, and the Marketing Committee, developing a long-term strategic marketing plan for Homer.

2007 goals:

1. Enhance overall member communications and marketing opportunities

2. New economic development opportunities

3. Future financial planning strategies

4. Effectively advocate for legislative and economic priorities

5. Develop long range strategic plan

6. Staff and board development

7. Complete physical plant priorities and enhance technical capabilities

Presented were: an update on tourism, the Chamber’s new webpage, and plans for the 2008 Winter Carnival. Support was requested for funding fireworks for the Chamber’s 60^th Winter Carnival.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. Mayor’s National Climate Protection Summit, Report by Mayor Hornaday

B. Sister City Teshio, Japan Visit, Report by Mayor Hornaday

C. Alaska Municipal League, Report by Councilmember Roberts

D. Update on Vigilant Tug for Cook Inlet

E. Memorandum 07-177, from Deputy City Clerk Jacobsen, Re: Alaska Association of Municipal Clerk’s Annual Conference

F. Memorandum 07-178, from Deputy City Clerk Krause, Re: Alaska Association of Municipal Clerks Annual Conference, Fairbanks, Alaska

G. Memorandum 07-179, from Port and Harbor Advisory Commission, Re: Harbor Leasing, LLC – Proposal for Lot 12C

H. Memorandum 07-180, from Port and Harbor Advisory Commission, Re: Lease Committee – Make-up, Policy and Procedures

I. Memorandum 07-181, from Port and Harbor Advisory Commission, Re: Kachemak Shellfish Mariculture Association Facility Parking

Michael Hawfield, Chairman of the Library Advisory Board, commented on the good work done by the volunteers and Friends of the Homer Public Library. The LAB is hard at work looking at policies and procedures to bring the library into a new working mode. Landscaping measures and art exhibitions are the focus. Library attendance has almost doubled, with the use of the children’s room an astonishing success. Demands are growing and the LAB will be discussing expanding hours of operation at their next meeting. Mr. Hawfield encouraged support of the recommended library budget for 2008.

PUBLIC HEARING(S)

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

Rachel Livingston favors the Climate Action Plan; the City can be leaders or followers. An important budget request is the department head status for Library, Planning and Clerks. They are departments and are treated as departments. Positions need to be elevated as they are expected to go to Committee of the Whole meetings and answer to Council. Although some members may not like the departments so much, that is not the issue; they should be treated as directors.

Marilyn Sigman, city resident and Executive Director for Alaskan Coastal Studies favors non-profit funding. The organization has benefited from the City’s partnership with The Homer Foundation. This year the Alaskan Coastal Studies served 11,000 people, up 10% from last year. This is due to the investment the City has made in non-profits in general. The Homer Foundation received more applications last year than in past. Non-profits leverage human energy, dollars from government agencies, services from prenatal to end of life, environment and art. Speaking as a citizen, climate change is the most important issue facing life on earth. Ms. Sigman applauded the Council for their leadership shown with the GWTF and urged them to invest in the issue by adopting the CAP and a staff person.

Kyra Wagner, city resident, recently returned from Colorado where her family members work for electric companies. A recent Kansas decision canceled an application for a new coal plant due to carbon emissions. Tri-State Energy had planned to build one coal plant every 6 years to keep up with demand. It is a huge setback. In 2014 HEA ends its contract with Chugiak Electric; they are considering a coal plant in Healy. The national energy crisis is coming down the pipe and Alaska is not immune from it. The CAP will lessen energy use; implementation of the plan is impossible without a staff person. The sooner the City gets on board the more we will save.

Mayor Hornaday called for a recess at 7:53 p.m. and reconvened the meeting at 7:59 p.m.

Resolution 07-Draft, Of the City Council of Homer, Alaska Revising Certain Portions of the Port and Harbor of Homer Terminal Tariff No. 600 and Amending the City of Homer Fee Schedule Accordingly. City Manager. (Follows schedule with Ordinance 07-42.)

There were no public comments.

B. Ordinance 07-45(A), Of the City Council of Homer, Alaska Amending Homer City Code Provisions Governing Telephonic Participation in City Council Meetings by the Mayor and Members of the Council. First Reading October 22, 2007, conduct Public Hearings November 13 and 26, 2007 and Second Reading on November 26, 2007.

Ordinance 07-45(A)(S), Of the City Council of Homer, Alaska Amending Homer City Code Provisions Governing Telephonic Participation in City Council Meetings by the Mayor and Members of the Council. (Follows schedule of Ordinance 07-45(A).)

Frank Griswold, city resident, thanked the Clerk for putting his letter in the packet twice. He is troubled by Line 111 (Ordinance 07-45(A)(S)) addressing HCC 1.24.120(b) as there is no criteria by which to judge when a member’s physical presence will be considered essential. The key word is “may”; if Council decides their presence is essential they can still allow telephonic participation. It becomes a tool when a person’s vote is needed, or is not needed. It states members should make every reasonable effort to be present for every meeting. What is reasonable effort? If Council is going to make the rules for themselves they should also be made for members of the public. Councilmembers or Mr. Griswold could want to sell Christmas trees in Utah, yet the public is treated differently regardless of their financial interests. The Borough is considering banning teleconference participation altogether; Council may want to wait to see what the Borough does.

NOVAK/ROBERTS – MOVED TO ADOPT SUBSTITUTE ORDINANCE 07-45(A)(S) BY READING OF TITLE.

Councilmember Heimbuch voiced opposition to the ordinance, specifically Line 109. Three councilmembers present would not constitute a quorum to make a decision whether a fourth councilmember by telephone could participate. It sets a three teleconference limit for the season and gives subjective power to the Council to deny telephonic participation when they feel like it. The just of the ordinance is for one councilmember to be responsive as a Councilmember. No additional language is needed to find someone is not fulfilling their obligation as a Councilmember. The ordinance is unwieldy and subjective.

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

Motion carried.

NOVAK/ROBERTS - MOVED TO ADOPT ORDINANCE 07-45(A)(S) BY READING OF TITLE.

Discussion ensued on the number of allowed telephonic and excused meetings. It was clarified the ordinance pertains to telephonic participation.

VOTE: YES. NOVAK, ROBERTS, WYTHE, CHESLEY

VOTE: NO. HEIMBUCH

Motion carried.

C. Ordinance 07-46, Of the City Council of Homer, Alaska Amending the FY 2007 Budget (Capital Equipment) by Authorizing the Acquisition of Certain Equipment Using Cash from Depreciation Reserve Accounts Instead of Loan Financing. City Manager. Recommend Introduction November 13, 2007, conduct Public Hearing and Second Reading on November 26, 2007.

There were no public comments.

Mayor Hornaday called for a motion for the adoption of Ordinance 07-46 by reading of title only for second and final reading.

WYTHE/NOVAK – SO MOVED.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

D. Ordinance 07-47, Of the City Council of the City of Homer Amending the Official Road Maintenance Map of the City of Homer by Adding 2,083 Linear Feet of Road Improvements to Soundview Avenue, Shelley Avenue, Tajen Lane and Cabana Court, or .40 miles of Urban Road. Public Works Director. Recommend Introduction November 13, 2007, conduct Public Hearing and Second Reading on November 26, 2007.

There were no public comments.

Mayor Hornaday called for a motion for the adoption of Ordinance 07-47 by reading of title only for second and final reading.

WYTHE/NOVAK – SO MOVED.

Councilmember Wythe asked Public Works Director Carey Meyer what the road maintenance requirements were for stub ending roads. Mr. Meyer reported driveways will be used for turn-arounds.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

E. Resolution 07-106, Of the City Council of Homer, Alaska Adopting the City of Homer Climate Action Plan, Affirming that Action to Mitigate and Adapt to Climate Change and Reduce Energy Costs is a Top City Priority, and Authorizing the City manager to Begin Implementation of Measures Outlined in the Plan. City Manager. Public Hearing November 26, 2007, Resolution December 10, 2007.

Allegra Bukojemsky, city resident and business owner, voiced support for adoption of the CAP. Hiring someone to ensure the plan is fulfilled will pay for energy and fuel costs. There are a variety of grants available. It is a great way to save money for the City, she would be happy to put tax dollars to work reducing the city budget. Additionally the CAP will improve the economic vitality of town, making Homer a desirable place to live, work, and open businesses for a huge portion of the population in the United States. As a designer, she understands energy and costs and would be happy to speak to Council.

Jim Levine, Homer area resident, encouraged Council to approve the CAP. He noted the cost savings provided by Alan Parks of $97,000 in fuel and electricity was conservative. Without a person to implement the plan the City would need to find $97,000 to cover higher costs of fuel and electricity. It is necessary for a person to implement the plan as someone needs to be solely responsible for the job being done the way they want it.

Elizabeth Wasserman, Homer area resident, supports the CAP. The human race is challenged more than ever before to demonstrate our mastery, not of our nature, of ourselves. The City has the ability to take a leadership position to adopt the CAP to give life and find the dollars to hire person to make the plan work. She asked if this City Council wants to be the one that passed, or remembered as the City Council that took the first step.

Jeanne Parker, city resident, requests adoption of the CAP and a person hired to implement the plan. There is economic merit shown by the research done by the committee. There are grants available and Homer could capitalize on being a sustainable city. Ecotourism would be advantageous as other communities would visit to see how it was done. Jobs would be provided, we could start sustainability education, allowing kids that grew up here to stay. Oil is expensive and scarce. It is time to look for new ways; it is a smart, economic direction for the City.

Sue Post, Homer business owner, thanked Council for the foresight to implement the GWTF. She urged Council to take the recommendations of the GWTF. Although there may be start up costs, Homer will reap the benefits economically and environmentally. It will put Homer on the map. It is critical for Homer and we cannot afford not to take action. She supports hiring someone for the position.

Dan Lush commented it is the Christmas season and he ran short on Christmas tree lights, ran to Ulmer’s and was pleased to see LED lights. He’s glad Ulmer’s is catching up with the Chinese.

Emmy Olsen, Anchor Point resident, commented a large part of the student population likes the planet. She urged Council to support the CAP.

Brenda Dolma thanked Council for their leadership and having the foresight to adopt and mitigate ways to take action for a sustainable future. She thanked Council for their serious consideration for children and grandchildren.

Anne Marie Holen, city resident, city employee and staff to the GWTF, praised the efforts of the task force. They were serious and conscientious in preparing the CAP, involved the public, City commissions and outside agencies. GWTF members have been on KBBI’s call in show, the Coffee Table and a public meeting on September 15^th at Islands and Ocean Visitor Center. The CAP has undergone continuous revisions with members stopping short of designing programs and developing policies. Once policies are drafted they will take up several pages, ie. anti-idling policies will address all vehicles. The GWTF met at least 30 times, always with a quorum. The quality of their work is reflected in the number of inquiries for copies of the CAP. Ms. Holen thanked Mayor and Council for forming the GWTF and the City Manager for appointing her as staff. It has been one of the most interesting and meaningful assignments she has had with the City of Homer.

Micheal Neece, GWTF member, suggested allowing the GWTF to stay in existence until it is not needed. There has been a lot of time and energy expended; the collective knowledge should not be tossed aside. Homer is one of the four communities in the United States considered under the Climate Resilient Plan for ICLEI.

Alan Parks, GWTF Chairman, noted the concerns he has heard from Council and will address them. He has traveled to Kodiak, who will be joining ICLEI soon. He traveled to Fairbanks during AML and testified at the sub-cabinet committee on global climate change that Governor Palin established. They are embarking on a similar program with mitigation and adaptation. The Kenai Peninsula Borough and cities of Seward and Sitka are considering a similar program. In April all of these people will come to Homer for a two day symposium. A community petition of support for the CAP and funding for a staff person from Homer residents was presented.

Laura Hardin, city resident, applauded Council for addressing global warming. She is thrilled with the GWTF work. It is an informative plan that will allow the community to embrace the issues. We are all living organisms on this planet and to give back is one small step in moving towards global warming issues. The cost savings is quite conservative. The City vesting itself in a full time position will show potential funders and granting organizations the community’s commitment towards solving issues. Ms. Harden submitted a petition for adoption of the CAP.

Dave Haplin, city resident, encouraged Council to adopt the CAP as presented. Countries and cities are taking action to minimize the negative impact and position themselves for the future. There is no time the CAP is more easily implemented than now. Adopting and funding the CAP is the thing to do for the future environment.

Thorey Munro supports the CAP. Global warming is an issue that will not go away until we deal with it. The more she learns about it she feels pressured this is the issue of our world. She urged Council to consider that making a decision on the CAP is something to be remembered by. As she goes away to college it will be awesome to say she came from Homer, they made a plan and are way ahead. There is a lot of potential for making a sustainable reputation for Homer. She urged Council to approve the CAP and provide funding for future generations of Homer and humankind.

ORDINANCE(S)

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

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

WYTHE/NOVAK – SO MOVED

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

CITY MANAGER’S REPORT

1. KESA Contract: The contract agreement between the City of Homer and the Kachemak Emergency Services Area is set to expire on December 31. You will recall that we had some difficulty resolving certain issues during the last negotiation phase. That is why that this current contract term was shorter than both sides wanted. Since that time, we have had one meeting to discuss some of the issues and believe we are making progress. I received a call from Mayor Williams’ office this week. His office called to remind me that the contract was set to expire and to let me know that the Mayor’s office will take a direct roll in the negotiations this time around. I take that as a positive development. However, time has gotten away from us and it does not seem possible that we could complete negotiations and get a contract approved by both the Borough Assembly and the City Council before the end of December. So, we may have to ask the Council and the Assembly to approve an extension of the current contract for a few months until we can complete all tasks. An extension would insure that there is no interruption in services.

2. Seawall Update: There is progress to report on the Seawall on several fronts. A group of property owners got together and hired Troy Jones, East Road Services, to make some repairs. The repairs included replacing boards, doing some backfilling at the top (12 end dump loads), and constructing several new upright support beams. The total cost was $17, 039.44. The property owners I spoke with are real happy with the job Troy did. It is the City’s understanding that the cost is being spread among all of the property owners with the exception of 2 or 3. Based upon wall frontage, the City’s proportionate share of the repairs would be around $4,066.23 (357 feet). Since the property owners have taken the lead and accepted responsibility for maintenance, I went ahead and drafted a budget amendment ordinance that if approved, would provide the City share. The ordinance is before you at this meeting. On another front, Arvind Phukan has been providing some free engineering advice to the property owners regarding longer term upgrades that might make the wall last indefinitely and reduce future maintenance costs. This service was part of the settlement agreement. If the property owners (including the City) all agree to an upgrade, the property owners will have to apply for the necessary permits from the Corps and others.

3. Library Receives Another Award!: Last week we learned that ECI / Hyer received the AIA Alaska Chapter Honor Award for the Homer Public Library at the AIA State convention. This makes ECI / Hyer and the Library eligible for AIA Regional awards. The library was also selected by AIA members as the project design they “Liked the Best”. The library was consistently referred to at the convention as an example in sustainability in architecture in Alaska that can serve as a model for other projects. ECI-Hyer called to congratulate the community and to say that this award belongs to the Homer community as well. Congratulations to ECI-Hyer and we look forward to working together to create an award winning City Hall.

4. Council / Commission Training: Public Participation?? I hope that you all remember that we have scheduled a training session for the Council and Commission members on Saturday, December 1. We anticipate that the session will run from about 9 AM to 3 PM with a break for lunch. The topics will include the new ethics ordinance and finance disclosure, Open Meetings Act, ex-parte contact, conflict of interest, etc. You will see an agenda shortly. At a recent meeting, a Homer resident asked if the public would be able to participate and if the training would be recorded. He followed that up with the same questions in a written letter addressed to me. I spoke with Gordon about this when we were both in Fairbanks. These questions are really up to the Council and it will be your decision. We (Gordon, Jo, and myself) recommend that the public not be permitted to participate directly. This is intended to be a relatively intensive training session for elected public officials and appointed commission members. If the public participated directly, it might be too easy to get distracted and off on other topics. The idea is to maximize your time. There is no reason why the training session should not be public however. The doors should be open and anyone who wants to should be able to observe. We do not recommend that it be recorded. This will be a training session in which there will be open dialog and discussion about different hypothetical situations. It would be too easy to take pieces of a tape recording out of context and to use it for purposes other than training; the intended purpose. There will be written training materials distributed and they will be available as reference future elected and appointed officials.

5. University of Alaska / City Hall purchase: I met with University of Alaska officials twice in the last two weeks (once in Fairbanks and once here) to discuss the procedure for the University acquiring the old City Hall. Gordon was with me in Fairbanks. We talked about a number of different scenarios but agreed to a basic framework last week. The University staff will produce a draft purchase agreement and then send it to Gordon and I for comment and revision. We will share it with the Council for comment when it is close to ready for adoption. The basic framework for the agreement is this: The University and the City spend the next month or so drafting a purchase agreement that both parties are happy with. A draft purchase agreement is floated with the Council and the Regents in January. We agree that the purchase agreement will not be formally approved and signed until March or April, after the Council makes a decision to move forward with construction of the new City Hall (if it does). Closing will take place shortly after the purchase agreement is signed. The parties agree to the purchase price contained in the most recent appraisal effective September 2007 ($1,250,000) and lock that in. The sale proceeds are transferred to the City and become available for the construction budget account at that point. The University takes ownership of the building but the City retains occupancy rent free. The City continues to pay for routine maintenance and utilities. The City continues to rent the West Campus to the University but no longer charges rent or charges reduced rent. (compensation to the University for lost purchasing power by having to wait over two years until refurbishment begins). Once the City occupies the new building, the University receives an extension on the lease at West Campus at a reduced lease rate until the old City Hall is ready for occupancy (University building officials estimate that it will take 6 months to a year to refurbish the old City Hall). The details of what happens if for some reason the City is not able to occupy the new building by November of 2009 are still being discussed.

6. South Peninsula Hospital CIP Requests and Progress Report: One of the items on the November 26 Agenda is a resolution expressing support for two capital projects at the South Peninsula Hospital. The Hospital requests that the City place these projects on the City CIP list. In a meeting last week, the Mayor and I explained that the City had already adopted its 2008 CIP List and we were hesitant to create confusion with the legislators and the Governor’s office by continually amending the list of priorities. We added that it was possible to adopt an independent resolution of support like the Council has done in past years when CIP requests came in after the deadline. So, that is why the resolution before you expresses support but does not add the projects to the CIP List. If the Council wishes to add these projects to the CIP list, it can simply make a motion to amend the resolution by adding these projects to the approved 2008 CIP List. The resolution would then become a supplement to the CIP Resolution and would serve as an amendment to the official list.

7. Old Library Sale: Things are grinding along. At the time this report was written, we were reviewing the title insurance report, putting together disclosure packets, writing the bid documents etc. This has indeed taken longer than it should have but unless we hit more snags, the bid request should be out in a few days.

8. New Courthouse: I have informed the Court System of the decision the Council made at the last meeting. I used the exact language in the motion. Attached is a note from Doug Wooliver regarding information that was requested by the Council.

9. City Hall / Town Square Project: Monday, the 19^th will be an important day. The architect team will be in Homer that day and will spend the morning and lunch talking to staff about various aspects of the project. From 1 to 3 PM, the architect team will be visiting the various departments in City Hall to talk to staff and get their ideas about functional issues in the new building. At 3 PM, the architects will meet with the entire City Hall staff to discuss some very preliminary interior designs. At 5:50, the team meets with the City Hall / Town Square Committee in an open public meeting. The architects already have three preliminary design alternatives that they will unveil at the meeting. A computer generated “fly through” will be featured. Copies of rough drawings of the alternatives are attached. On November 28, Carey and I will be traveling to Anchorage to meet with CIRI, the design team, and Barb Seaman to discuss the master plan and especially, replatting.

10. Mattox Lot: The closing and sale of this lot to Kenai Peninsula Housing Initiatives will take place the week of November 26. The proceeds ($55,000) will be placed in the Alternative Depreciation Account unless the Council specifies otherwise.

11. 2008 Budget. We have not heard many comments from the Council so far regarding the proposed General Fund and Port and Harbor Enterprise Fund budgets. As you know, we have tried to focus your attention so far on the water and sewer fund and we anticipate much more discussion about that. However, we expect that there will be some proposed amendments to both the General Fund and Port and Harbor Fund from Council members. It would be very helpful if you could get your amendment sheets in soon or at least give us a heads-up about proposed amendments. This would give Regina and I time to look at options to offer the Council to find the money or cut somewhere else. That way, we are not just winging it (making cuts) at the table on December 10^th. Sometimes that makes things confusing and messy and could lead to unintended consequences. If you are proposing to add money to the budget, it would be very helpful if you let us know where you would propose to cut.

12. Clerk’s Office Busy as Usual: The Clerk’s office has been busier than usual recently working with the public and staff to schedule the Chambers and Mayors conference room for all of the private events and commission and committee hearings that take place in City Hall. There is a huge demand for meeting space here and it has become quite a juggling act. Private entities and staff members trying to schedule meetings frequently do not get the days and time they requested. The Chambers are occupied almost every night of the week. In addition, the Clerks are working hard at one of their primary responsibilities, records retention and storage. They are currently working, as time allows, on consolidating all of the records boxes to make room for the anticipated deluge of boxes normally purged from offices at years end. The Clerks are processing a higher number of records requests from the public and staff, including ambulance and police reports, and planning codes and procedures dating back to the inception of the City's incorporation in 1964.

Council was encouraged to provide budget amendments as soon as possible to avoid last minute amendments at the December 10^th meeting slated for budget approval. The training session scheduled December 1^st with City Attorney Gordon Tans was discussed. It was decided the meeting would be video/audio taped to provide a training tool for future elected and appointed officials. Public comments from the training session will be heard at the next regular meeting on December 10^th. It was suggested the vacant lot near the old library be retained as a trading option. The KESA contract will be extended; both sides have met with the Borough attorney to work out points.

B. Bid Report

C. Question of the Week

COMMITTEE REPORT

A. Comprehensive Plan Community Advisory Committee

(Next meeting November 29, 2007 6:00 p.m.)

B. Global Warming Task Force

C. Public Arts Committee

(Next meeting December 20, 2007 11:00 a.m.)

D. Transportation Advisory Committee

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

E. City Hall - Town Square Review Committee

(Open House December 6, 2007 5:30 – 8:30 p.m. Design Team; December 10, 2007 12:00 – 1:30 p.m. Design Team)

F. Permanent Fund Committee

(Next meeting December 13, 2007 6:00 p.m.)

PENDING BUSINESS

None.

NEW BUSINESS

A. Memorandum 07-159, from City Clerk, Re: Request for Executive Session pursuant to AS §44.62.310(C)(2), Subjects that Tend To Prejudice the Reputation and Character of any Person, Provided the Person may Request a Public Discussion. (Councilmember Shadle’s Failure to Appear for Ethics Hearing) Conduct immediately upon approval.

WYTHE/NOVAK - MOVED TO POSTPONE THIS FURTHER TO THE DECEMBER 10^TH MEETING.

Councilmember Wythe explained the postponement was because Council would like a face to face conversation with Councilmember Shadle. Although Councilmember Shadle does not wish an executive session, his request for public hearing must be on the record, thus the reasoning behind retaining the item as an executive session.

City Clerk Johnson noted Councilmember Shadle has requested excusal for the December 10^th meeting.

Councilmember Wythe offered a friendly amendment to postpone until January 14^th. The amendment was agreeable to Councilmember Novak.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Memorandum 07-176, from City Clerk, Re: Vacate a Portion of a 12-Foot Alley West of Lots 37C and 37D, and the 12-Foot Alleyways Between Lots 37C, 37D, 37E, 37F, Dedicated by James G. Sherry’s Subdivision of Lot 37 of the Bunnell Subdivision (Plat HM 49-258); within Section 19, Township 6 South, Range 13 West, Seward Meridian, Alaska; the City of Homer and the Kenai Peninsula Borough; KPB File 2007-278; Location: City of Homer, North of Pioneer Avenue. Recommend non objection.

NOVAK/ROBERTS - MOVED FOR NON OBJECTION OF MEMORANDUM 07-176.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

RESOLUTIONS

A. Resolution 07-109, Of the City Council of Homer, Alaska Expressing Support for Two Capital Projects (Helistop and Cell Phone Repeater Antenna) Requested by the South Peninsula Hospital Service Area Board. Mayor. Recommend adoption.

NOVAK/WYTHE - MOVED TO ADOPT RESOLUTION 07-109 BY READING OF TITLE.

NOVAK/ROBERTS - MOVED TO AMEND THE NOW THEREFORE BE IT RESOLVED IN SUCH A WAY THAT AFTER SOUTH PENINSULA HOSPITAL I WOULD REMOVE THE EXISTING TEXT AND ADD THESE WORDS AFTER SOUTH PENINSULA HOSPITAL TO SAY: BY ADDING THEM TO THE CITY OF HOMER’S 2008 CIP LIST.

The amendment will concur with the Borough’s recommendation. Adding the project to the CIP will provide additional clout to secure State funds. The hospital has a potential to be an economic benefit to the community. Communication within the hospital and a heliport is vital for emergencies.

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

Motion carried.

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

Motion carried.

COMMENTS OF THE AUDIENCE

Rob Rosenfeld, Fritz Creek area resident and former Parks and Recreation and Beach Policy Task Force member, commented on Ordinance 07-37(A) dangerous structures. By targeting the marine industrial area on the Spit the City has set itself up for multiple lawsuits to include violation of private property trespassing, privacy rights and discrimination against select individuals. The ordinance was developed to target Bob and Judy Cousins. Bob is a disabled war veteran, exposed to Agent Orange. He had purchased the Spit property to build a home for his six children. With building permits denied they were forced to raise their children on a bus with no running water or septic. Mr. Rosenfeld has witnessed more than seven elected officials undermine the Cousins on every turn. It looks like a conspiracy to abuse and harass a disabled war veteran and his family. The ordinance will create disparity of wealth. Has anyone called Bob and Judy? A couple years ago a tsunami washed away their road and access to the bus. The City pledged assistance and followed through with zero. Councilmember Heimbuch shared his view with Mr. Rosenfeld that 90% of people accumulate junk cars are lazy blank blanks. He suggested Mr. Heimbuch read The Arrogance of Power as his newfound power is affecting him. Until all have sewer and water the City has no business making view shed laws.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans was not present.

COMMENTS OF THE CITY CLERK

City Clerk Johnson had no comments.

COMMENTS OF THE CITY MANAGER

City Manager Wrede had no comments.

COMMENTS OF THE MAYOR

Mayor Hornaday commented he hopes everyone had a Happy Thanksgiving.

COMMENTS OF THE CITY COUNCIL

Councilmember Novak stated all councilmembers are individuals; they all have a job to do. They don’t have the objective of passing ordinances for intent of addressing certain individuals or community situations that are not a community goal. The City Manager had eluded to one situation that may qualify for the ordinance, an abandoned mobile home on Main Street. People could potentially get hurt. What Mr. Rosenfeld is talking about is a stretch and does not apply. He appreciates everyone’s effort in public testimony tonight. There are lots of comments on the CAP, those that are interested and supportive. Mr. Novak hopes Council can find a way to make it happen.

Councilmember Wythe thanked the GWTF for the CAP; they have done a lot of work and provided Council a great basis for discussion. Finances and an implementation program that will fit will be considerations of Council. At the next meeting Mrs. Wythe would like Council to consider workshops January 14 and February 11 with an additional public hearing on January 28^th so Council can have dialogue on the content before adoption. It is a policy we will be living with for many years to come.

Councilmember Chesley asked for clarification about the scope of authority of the Port and Harbor Commission as it relates to the properties the commission has oversight to. There is both private and public property on the Spit. He asked where the authority of the Port and Harbor Commission ended regarding development of private property on the Spit. For a Conditional Use Permit the practice has been for the matter to first go to the Port and Harbor Commission for review and findings. It then goes to the Planning Commission for review and action. It is clear the Port and Harbor Commission has authority on city owned property and the Planning Commission has governance over private property on the Spit. This would be for zoning issues. Kachemak Shellfish Growers have made a request for parking in their proposed new facility. Mr. Chesley seeks clarification from the City Manager where Port and Harbor Commission duties end and the Planning Commission responsibilities begin.

Councilmember Heimbuch referenced Memorandums 07-179 and 07-180 pertaining to Harbor Leasing, LLC lease proposal. Port and Harbor Commissioners have gone to bat on the Lot 12C issue. Mr. Heimbuch requested a clear delineation of the specific impasses between negotiations of Auction Block people and the City. He requested identification of particular sections of Homer City Code. Council would then know the specifics on lease negotiations. If there are sections in code that should be legitimately addressed regarding retention of structures on City property and conditions of the lease he would like to know. He has heard the deficiencies of the Lease Policy.

Councilmember Roberts thanked the GWTF members, stating she appreciates their hard work. The CAP is great and it is nice to see the community support.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 9:11 p.m. The next Regular Meeting is scheduled for Monday, December 10, 2007 at 7 p.m. The next Special Meeting is scheduled for Monday, December 10, 2007 at 5:30 p.m. the next Committee of the Whole is scheduled for Monday, December 10, 2007 at 4 p.m. All meetings scheduled to be held in the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

______________________________

JO JOHNSON, CMC, CITY CLERK

Approved: _____________________