Session 05-27, a Regular Meeting of the Homer City Council was called to order at 7:00 p.m. by Mayor James C. Hornaday at the Homer City Hall Cowles Council Chambers located at 491 E Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

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

STAFF: CITY CLERK CALHOUN

CITY MANAGER WREDE

CHIEF OF POLICE ROBL

FIRE CHIEF PAINTER

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

The Council met as a Committee of the Whole from 4:00 to 5:30 p.m. Agenda included 2006 Budget, Presentation from Community Schools, Capital Improvement Project Priority Lists and the Regular Agenda.

The Council conducted a Special Meeting from 5:37 p.m. to 6:51 p.m. regarding the City Manager's Evaluation with Executive Session.

AGENDA APPROVAL

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

The agenda was approved by consensus of the Council with the changes as noted in the supplemental packet: Bid Report, Frank Griswold written comments Re: Memorandum 05-159, and Substitute Resolution 05-99(S), Certifying the Election with substitute Canvass Board Report with Final Results.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public Comments upon any matter already on the agenda except Visitor, Canvass Board Report, and Public Hearing Items: Ordinance 05-46, Kachemak Drive Phase One Water Assessment District Project Budget; Ordinance 05-47, Kachemak Drive Phase Two Water and Sewer Assessment District Project Budget, Ordinance 05-48, $6,500.00, and $2,000.00 grants for the Police Department; Ordinance 05-50, Rescinding Ordinance 04-23; Ordinance 05-51, Approving an Extension and Amendments to the Lease for the South Peninsula Hospital and Approving Construction of Hospital Buildings Across City and Borough Lot Boundaries; and Ordinance 05-52(A), Sending $5,000.00 to New Orleans for Disaster Aid to the Victims of the Katrina Hurricane Disaster.

Charlie Franz thanked the Mayor, Council and City Manager for all the work with regard to Ordinance 05-51, lease for the South Peninsula Hospital, and voiced his opinion that they have come up with a good middle ground solution to the issues. He expressed hope that this would be passed tonight.

Frank Griswold commented on Ordinance 05-17 revising the appeal procedures, that he thinks this is a really bad Ordinance and that the whereas clauses do not reflect the real intent. He stated that this undoes a lot of legislation that the Council enacted on May 10, 1999 via Ordinance 99-8(A) and encouraged the Council to look at the 1999 Ordinance. He voiced his opinion that this is not even worthy of passing on to the Planning Commission, adding that the only thing worse than this, that he has seen, is the recent legislation of Ralph Seekins regarding challenging the ethics of the legislature or something. He called Ordinance 05-17 draconian legislation. He commented on the City Manager's Memorandum regarding Mr. Griswold's records request that most of it is inflammatory, not even the main issue of how or why he requested, adding that he should not have to give reasons. Continuing, he stated that the City Manager states, in the memo, that Mr. Griswold freely admitted that he was on a fishing expedition, which is why he, Mr. Griswold, gave the Council the emails. He noted that a fishing expedition was not his intent and he wanted the Council to see the emails so that they could see for themselves. He voiced his opinion that there is a very good reason for letting the public see the legal opinions that were issued back in the early 90s and all the way up, adding that these should be mandatory reading. He told the Council that this is like a free training session and that all of the issues before the Planning Commission and Council have come up before, adding that for no additional cost the Council could be getting, basically, free legal advise. He asserted that there is no justification for withholding these and the code provision cited for exempting these from disclosure is not the one that is cited in this memorandum, one being a. and 1.80.040 (j), which is not listed as a reason in any of those rejected. He suggested that this is sort of throwing something new in there and the ones that are listed do not have a valid reason for exemption. On page 243 it says, "documents that would not be released", the first reason is, "legal opinions not released by the City Council." He stated that is not listed anywhere in the Code and therefore is not a reason for not disclosing these. He thanked the Council.

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 Yourkowski requested that Item B. be placed under Ordinances. Mayor announced would be item B. under Ordinances.

Councilmember McLay stated that he had a correction to the minutes. These were placed under New Business as Item C.

A. Homer City Council unapproved meeting minutes of September 26, 2005 Special and Regular Meeting. City Clerk. Recommend approval.

To New Business as Item C.











B. Ordinance 05-17, Of the City Council Amending Homer City Code Chapter 21.68, Concerning Appeals Under the Homer Zoning Code and Enacting Section 21.30.030 to Authorize Setting Zoning Fees by Resolution. City Manager. (Recommend Introduction and First Reading, forward to the Planning Commission for Review and Public Hearing, and schedule and conduct Council's Public Hearing November 14, 2005 and Second Reading November 28, 2005.)

To Ordinances as Item B.

C. Ordinance 05-53,Of the City Council of Homer, Alaska Adding the Town Center Development Plan to the Homer Comprehensive Plan and Recommending Adoption by the Kenai Peninsula Borough. City Council. (Recommend introduction and schedule and conduct Public Hearing and Second Reading for October 24, 2005.)

D. Ordinance 05-54, Of the City Council of Homer, Alaska Appropriating $4,900.00 from Homer's Alaska Municipal League/Joint Insurance Association, Inc. (AML/JIA) Safety Savings Account for the Purchase of Two Automated External Defibrillators (AEDs) and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue Account 151-717-4526 AML Safety Account and Expenditure Account 151-717-5901 for two AEDs (Library and Public Works) $4,900.00. (Recommend introduction and schedule and conduct Public Hearing and Second Reading for October 24, 2005.)

E. Resolution 05-96, Of the City Council Amending the Homer Advisory Planning Commission Procedures Manual and Bylaws. Requested by Novak to come back to the Council. City Manager. Planning. ( (Previously Resolution 04-102 postponed on December 13, 2004 and was tabled on April 11, 2005) Recommend adoption.

F. Resolution 05-98, Of the Homer City Council Requesting the Administration to Work with the Alaska Department of Transportation and Public Facilities (ADOT/PF) for the Construction of a Separated Pedestrian and Bike Pathway along Kachemak Drive. Yourkowski.

G. Memorandum 05-156, from Mayor Pro Tempore, Re: Appointment of Angie Newby to the Public Arts Committee. Recommend confirmation.

WYTHE/NOVAK- MOVED FOR THE APPROVAL OF THE RECOMMENDATIONS OF THE CONSENT AGENDA AS READ.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

A. Canvass Board Report

Homer's Election Canvass Board met on Friday, October 7th at 10 a.m. The validated absentee and questioned ballots were opened, counted, and recorded. The ballots were counted by the Accu-Vote Ballot Tabulation System and the total results are as follows:
Candidate #1 #2 Votes Abs/? Total % Under 1 Under 2
Heimbuch 375 338 705 93 798 81 11 4
Shadle 279 263 542 89 631 64 10 4
Yourkowski 262 200 462 55 517 53 6 7
Write Ins 9 8 17 3 20 2 1 0
Totals 925 809 1726 240 1966 200 28 15
reg voters 1999 2023 4022 - 1221 30 - -




There were 1,083 Regular voters, 133 Absentee voters, 4 Special Needs Voters, and 1 Questioned voter for a total of 1,221 voters that voted in this election. Percentage of voter turnout is 30%. Number of registered voters is as of September 9, 2005.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. Special Presentation to Chris Moss.

Outgoing Kenai Peninsula Borough Assemblyman Chris Moss thanked everyone for the opportunity to represent them for the past few years, adding that he knows Ms. Germano will do a fine job. He stated that it has been a lot of fun, but, "Change is good", is his motto. He urged the Council to continue on and to be sure and contact the representative any time they have a thought on any issues that come before the Borough. He stated he would never forget those six years. He thanked the Council.

Mayor Hornaday presented him with a plaque of appreciation from the City of Homer: WHEREAS, Chris Moss was on the Kenai Peninsula Assembly as Homer's representative for six years; and

WHEREAS, Serving on the Kenai Peninsula Borough Assembly means a significant commitment of family, time, energy, effort, emotions and focus; and WHEREAS, Assembly members travel bi weekly plus and devour a myriad of multifaceted, multifarious and multilayered correspondence and documents; and WHEREAS, Assembly members strive to balance their constituent goals and objectives with that of the greater good for the Borough. NOW, THEREFORE, I, James C. Hornaday, Mayor of the City of Homer, do hereby, and with great pleasure, recognize Chris Moss for his dedicated work as Homer's Borough Assemblyman from October 99 to October 2005 and specifically recognize him for his work on the following:

Finance Committee Chair with specific concern about Fiscal Responsibility

Sales Tax Committee

School Activities Association

Cook Inlet Aquaculture Association and Salmon Branding Association

Groundfish Rationalization Plan

Kenai Wild Program (Revival of the Kenai Salmon Industry)

Numerous Fisheries Legislation Items

Flat Tax for Watercraft and Aircraft

Land for Kachemak Nordic Ski Club

Mill Levies for Service Areas

Sterling Highway Improvements Mile 166-169



B. The City Manager and Fire Chief presentation on the City Disaster Preparedness Plan at the next meeting. (20 minutes maximum) Included Chief of Police Robl.

Memorandum 05-157, from Fire Chief.

Mayor Hornaday announced that he had requested this presentation in view of the problems going on in other parts of the world, adding that he hopes and prays that this will never have to be used.

City Manager Wrede gave an introduction, noting that the two chiefs would be the on site incident commanders for a Homer emergency and that they are, obviously, the most familiar with the City Emergency Preparedness Plans.

Fire Chief Painter distributed information that talks a little bit about the Emergency for the resident. Alaskans, generally speaking, are more prepared than folks in the lower 48, as seen in the Katrina and Rita Hurricane disaster responses. Alaskans are better prepared due to the constant unknowns regarding climate, power outages and self sufficiency. He referred to the information in the Council packet, that the last time the Homer Disaster Plan or Emergency Operation Plan was modified was in 1995. The Borough Plan was developed in 1993 and is being updated now. It is time for Homer to update their ten year old plan with current realities, threats natural or man made, capabilities, resources, and update public education. The scope of the disaster will determine resources available; city wide, boroughwide, statewide, nation wide. The bigger the disaster the less resource and the slower the response to Homer. He emphasized that the basic immediate need is to update the plan, then public education and training. He recommended starting with winter preparedness for winter storms, avalanche, disruption of normal routine services just due to everyday winter events. He suggested taking little steps and that this not going to happen over night and will have to involve all of the stakeholders in emergency planning.

Mayor Hornaday voiced concerns with the plan being well defined and processes delineated to avoid the confusion that occurred with the Katrina Hurricane Disaster.

City Manager Wrede advised that there is $10,000.00 earmarked in the 2006 Budget to assist with the preparation of the Disaster Preparedness Plan.

In response to the Mayor it was noted that any first responder can initiate the disaster response system. Police Dispatchers have the capability of sounding the evacuation sirens. The Chief of Police and the Fire Chief will ideally be immediately on hand to coordinate efforts. If it is a large scale Tsunami event the sirens and response system can be initiated from Anchorage, or the Borough, or from local dispatch center.

Chief Robl noted that in the Icicle Fire situation it was an Officer that initiated the evacuation of the Spit, which was very quickly and smoothly carried out, interjecting that this incident was July 2nd.

Mayor Hornaday voiced concerns with timing and evacuations and expressed desire that the plan be user friendly, of which Chief Painter concurred emphasizing that a user friendly plan is essential.

Chief Robl noted that the Police Department has a Disaster Policy in place, not nearly as comprehensive as the Disaster Plan, it is about a 4 -5 page document with general guidance and does provide some ground rules to follow.

Chief Painter advised that there is a national response plan, a state response plan, borough response plan and if these plans do not intermesh and don't communicate in preparation that the Katrina scenario of emergency response could happen in Homer.

McLay relayed history with regard to the 64 earthquake and Tsunami event, adding that there was lots of time to get off the Spit and to head for higher ground.

Discussion ensued.

C. Prince William Sound Regional Citizen's Advisory Council report from John Velsko.

PUBLIC HEARING(S)

A. Ordinance 05-46, Of the City Council Authorizing the Expenditure of Homer Accelerated Water and Sewer Program (HAWSP) Funds for Kachemak Drive Phase One Water Assessment District Project. City Manager. Fiscal: Estimated project cost is $397,210.00, total property owner assessments at 75%, $297,907.50. 16 parcels = estimated at $18,619.22 assessment per parcel. One parcel may qualify for deferred assessment if Resolution 05-93 is adopted. The assessment will be born by HAWSP until such time as the property is sold, traded, or ownership is transferred in any manner at which time the assessments become due and payable to the City of Homer to reimburse the HAWSP(First Reading September 26, 2005, Public Hearing and Second Reading October 10, 2005.)

There was no public testimony.

YOURKOWSKI/STARK - MOVED THE ADOPTION OF ORDINANCE 05-46 BY READING OF TITLE.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Ordinance 05-47, Of the City Council Authorizing the Expenditure of Homer Accelerated Water and Sewer Program (HAWSP) Funds for Kachemak Drive Phase Two Water and Sewer Assessment District Project. City Manager. Fiscal Note: Fiscal Note: Estimated project cost is $3,277,953.00 with 25% paid for by the Homer Accelerated Water and Sewer Program and 75%, paid for by the property owners via the equal share per parcel methodology, equaling an approximate $28,586.80. er assessments at 75%, $297,907.50. 86 parcels, with two exemptions, of which will be paid by the program. Six parcels may qualify for deferred assessment if Resolution 05-93 is adopted. The assessment will be born by HAWSP until such time as the property is sold, traded, or ownership is transferred in any manner at which time the assessments become due and payable to the City of Homer to reimburse the HAWSP. (First Reading September 26, 2005, Public Hearing and Second Reading October 10, 2005.)

There was no public testimony.

McLAY/HEIMBUCH - MOVED TO ADOPT BY READING OF TITLE.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

C. Ordinance 05-48, Of the City Council of Homer, Alaska Accepting and Appropriating Grants from the Alaska Highway Safety Office, in the Amount of $6,500.00, and the Alaska Police Officer's Safety Council, in the Amount of $2,000.00, and Authorizing the City Manager and Chief of Police to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue Account 151-739, Alaska Highway Safety Office $6,500.00 and Alaska Police Officers Safety Council $2,000.00, Expenditure Account 151-729, Police Small Grants $8,500.00. (First Reading September 26, 2005, Public Hearing and Second Reading October 10, 2005.)

There was no public testimony.

NOVAK/WYTHE/McLAY - MOVED THE ADOPTION OF ORDINANCE 05-48 BY READING OF TITLE.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

D. Ordinance 05-50, Of the City Council Rescinding Ordinance 04-23, Authorizing the Expenditure of $96,000.00 from Homer Accelerated Water and Sewer Program (HAWSP) Funds for the Surveying, Engineering, Design and Construction of Water and Sewer Service Improvements for the Homer Ice Arena/Multi Purpose Facility. City Manager. Fiscal Note: HAWSP. Authorized and appropriated expenditure of $96,000.00 to be rescinded. (First Reading September 26, 2005, Public Hearing and Second Reading October 10, 2005.)

There was no public testimony.

McLAY/WYTHE - MOVED FOR THE ADOPTION OF ORDINANCE 05-50 BY READING OF TITLE.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

E. Ordinance 05-51, Of the Homer City Council Approving an Extension and Amendments to the Lease to the Kenai Peninsula Borough for the South Peninsula Hospital and Approving Construction of Hospital Buildings Across City and Borough Lot Boundaries. City Manager. Fiscal Note: No impact. (First Reading September 26, 2005, Public Hearing and Second Reading October 10, 2005.)

There was no public testimony.

McLAY/NOVAK - MOVED THE ADOPTION OF ORDINANCE 05-46 BY READING OF TITLE.

Councilmember Yourkowski commended the City Manager and City Council for doing a good job with regard to this matter.

From the Ordinance:

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

F. Ordinance 05-52(A), Of the City Council of Homer, Alaska, Appropriating $5,000.00 from the General Fund - Fund Balance to sent to New Orleans for Disaster Aid to the Victims of the Katrina Hurricane Disaster and that the City Manager is Authorized to forward this Money in the Most Expeditious Way Possible. Heimbuch. Fiscal Note: Revenue from General Fund - Fund Balance, $5,000.00 and Expenditure Account 100-100-5609 Council - Outside Services for Disaster Relief - Hurricane Katrina $5,000.00.((First Reading September 26, 2005, Public Hearing and Second Reading October 10, 2005.)

There was no public testimony.

HEIMBUCH/McLAY - MOVED TO ADOPT BY READING OF TITLE.

Council discussed the pros and cons of sending funds to Louisiana.

VOTE: YES: HEIMBUCH, YOURKOWSKI.

NO: NOVAK, McLAY, WYTHE, STARK,

Motion failed.

ORDINANCE(S)

A. Ordinance 05-44, Of the City Council of the City of Homer, Alaska Amending the Sign Code, Chapter 21.60.060 of the Homer City Code. City Manager. Planning. Fiscal Note: Staff time. (First Reading August 22, 2005, Public Hearing September 26, 2005, Second Reading October 10, 2005.)

McLAY/YOURKOWSKI - MOVED FOR THE ADOPTION OF ORDINANCE 05-44 BY READING OF TITLE.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Consent Agenda Item B. Ordinance 05-17, Of the City Council Amending Homer City Code Chapter 21.68, Concerning Appeals Under the Homer Zoning Code and Enacting Section 21.30.030 to Authorize Setting Zoning Fees by Resolution. City Manager. (Recommend Introduction and First Reading, forward to the Planning Commission for Review and Public Hearing, and schedule and conduct Council's Public Hearing November 14, 2005 and Second Reading November 28, 2005.)

STARK/WYTHE - I MOVE TO INTRODUCE ORDINANCE 05-17 BY READING OF TITLE.

New verbiage: Any action or determination of the Planning Director that is appealable to the Commission under section 21.68.015 may be appealed by only: The applicant for the action or determination, or the owner of the property that is the subject of the action or determination. The Administrative Official or Planning Director or any governmental official, agency, or unit. Any person or persons with interests in land that is affected by action or determination aggrieved by the action or determination.

It was noted that under this section, for example, in the Vann appeal the Cook Inlet Keeper would not have been able to appeal.

Council expressed concerns regarding the definition or lack there of "aggrieved party" and of "proof".

City Manager Wrede advised the Council that the City Attorney, City Clerk and City Planner, beginning before he came to the City, have been keeping notes on some changes that needed to be made to this section of the Code and he has been doing the same since he came. He noted that there are ambiguities and things that need to be tightened up. He voiced an expectation of the generation of much discussion due to some of the amendments. He noted that the Council and others have been asking for this for quite some time.

New verbiage: For purposes of this title, to be a "person aggrieved" the person must show proof of the adverse effect the action or determination has or could have on the use, enjoyment, or value of real property owned by that person. An interest that is no different from that of the general public is not sufficient.

Council inquired as to who makes the determination if the "proof" is sufficient.

City Manager Wrede responded that it would be the body who hears the appeal, the Planning Commission or the Board of Adjustment. He noted that the Clerk rejects appeals that are in non compliance procedurally.

It was noted that the amendments do tighten up the process, who can appeal, time for appeals and what is appealable.

City Manager Wrede confirmed that under the revisions mis application or mis interpretation of the Planning and Zoning Code are not appealable.

A preference was expressed to do these amendments on section at a time basis and there was also a suggestion about possibly getting a second legal opinion.

City Manager Wrede emphasized that the City Attorney did a lot of research and that the revisions are right in line with other appeal processes. He pointed out that one of the problems with current City Code was that amendments have been done piece meal and recommended against doing that.

City Manager Wrede stated that raising the bar on the standing required to appeal is only one part of the goal of this Ordinance, the other is about what is and is not appealable, and there are some changes in the ex parte contact section, about conflict of interest and that these are all issues that have been building for a while. He noted that this is one of the kind of ordinances wherein there is never a good time to bring it forward, because there is always some controversy before the Council, resulting in accusations of reacting or over reacting.

Councilmembers pointed out that the Council asked for this Ordinance, now has the Ordinance before them and this gets the review and public hearing processes going including review and public hearing at the Planning Commission level.

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

NO : YOURKOWSKI.

Motion carried.

CITY MANAGER'S REPORT

A. City Manager's Report. (2006 Budget Highlights: The Budget is Balanced: The proposed budget is balanced as required by the Homer City Code. The budget is balanced in the sense that revenues equal expenditures. There is no deficit spending. We took a conservative approach with respect to projected revenues and tried to keep the department budgets as lean and efficient as possible. Fund Balance Restored: This budget replenishes the General Fund balance and restores it to $ 2 million dollars. Council may wish to consider increasing the desired fund balance to reflect inflation and the growth of the General Fund budget over time. Depreciation: This budget increases the contribution to depreciation in the general Fund by approximately $152,000. This includes the contribution to the fleet reserve. This contribution is still below that recommended by GASB but is a significant improvement over previous years. Personnel: The budget proposes that the following positions be added: General Fund: Full Time: one Planning Tech, one Library Tech 1 (from .6 part time), one Maintenance Tech 1 (building maintenance)(from .5 part time), 1 Animal Shelter position. Part Time: PW Administrative Assistant from .5 to .6), .5 Animal Shelter position. Port and Harbor: Full Time: Administrative Assistant (from .7 part time). Part Time: .5 harbor Assistant. The following positions are needed and were seriously discussed but were not included in this budget: PW Project Manager, Maintenance Tech, (water and sewer lines), Maintenance Tech, (water and sewer treatment plants), Harbor Officer I, Fire Department Inspector /Plans Review, part time help for Systems Manager. The Council should anticipate that some of these positions will be requested next year. In addition, we anticipate that we will need at least one more position at the new library. Equipment: This budget proposes purchasing a new vehicle for City Hall, a new track excavator and several pick-up trucks in Public Works, and a new emergency, command center vehicle for the Fire Chief. Non-Profits: This budget proposes to provide $40,000 to the Homer Foundation, the same amount as last year. It also includes $10,000 for the Homer Hockey Association to help with the purchase of a Zamboni machine. Pratt Museum: The budget includes funding for the Pratt at last year's level, $80,000. Chamber of Commerce: The budget includes funding for the Chamber/Economic Development and increases the funding back to $30,000. Community Schools: The budget includes an increase in the contribution to Community Schools from 27,000 to $40,000. This assumes that the City will assume sole responsibility for this program.Other items of Interest: The budget contains $100,000 for a comprehensive plan update( most from planning reserves) money for a Phase 1 rewrite of Title 21, $10,000 to update the City's Emergency Management Plan, $37,000 for parking lot construction at Jack Gist Park (some from Parks reserves), and $2,500 for site preparation for the Chamber's Pioneer Ave. Business sign. )

Mayor Hornaday noted that the work on the budget has begun.

B. Bid Report. (Request for Proposals: Video Security System at the Homer Airport Terminal: Sealed Proposals for a video system will be received at the Office of the City Clerk, City Hall, city of Homer, 491 E. Pioneer Avenue, Homer, Alaska , until 4:30 p.m. October 21, 2005. The time of receipt will be determined by the City Clerk's time stamp.)

COMMITTEE REPORT

A. Road Standards Committee

B. Public Arts Committee (Met Monday, October 10, 2005 at 10 a.m. City Hall Cowles Council Chambers.)

C. Permanent Fund Committee. Meeting Synopsis September 27, 2005 next meeting scheduled for Tuesday, October 25, 2005 at 5:30 p.m. Conference Room.

Mayor Hornaday called for a break at 8:08 p.m., reconvening the meeting at 8:14 p.m.

PENDING BUSINESS

Mayor recessed the Regular Meeting at 8:14 p.m. and called the Board of Adjustment to order at 8:14 p.m.

A. Board of Adjustment Decision, Re: Frank Griswold an appeal to the Board of Adjustment Regarding the Oscar Munson Subdivision Brant Replat Preliminary Plat

The Board of Adjustment may conduct further deliberations in Executive Session. The Board of Adjustment did not care to deliberate further.

YOURKOWSKI/HEIMBUCH - MOVED FOR THE APPROVAL OF THE DECISION ON APPEAL ON THE OSCAR MUNSON SUBDIVISION BRANT REPLAT APPEAL.

Discussion was on whether or not the written decision accurately reflected the Board's deliberations.

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

Motion carried.

Mayor Hornaday Adjourned the Board of Adjustment at 8:18 p.m. and reconvened the Regular meeting at 8:19 p.m.

NEW BUSINESS

A. Memorandum 05-158, from City Clerk, Re: Griswold Appeal to the City Manager's Record Request Denial.

Recommendation: Uphold the City Manager's denial of the record request.

Memorandum 05-159, from City Manager.

McLAY/NOVAK - MOVED ADOPTION OF MEMORANDUM 05-158.

Discussion was on whether or not the unreleased documents were confidential/attorney client privilege and if these should or should not be released. Most of the discussion was in support of the confidentiality of the documents. Councilmembers commented about having reviewed the documents.

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

NO: YOURKOWSKI.

Motion carried.

B. Memorandum 05-160, for City Manager, Re: Processor Quota Shares.









Recommendation: Reaffirm Council's support for Local Independent Fishing Families and Communities by opposing the allocation of Alaska Fishery Resources to Processors "Two Pie System" or other Fishery Resource Allocation Programs. Authorize the Mayor and/or City Manager to sign a new letter, from affected communities, to Governor Murkowski.

McLAY/NOVAK - MOVED FOR APPROVAL OF RECOMMENDATIONS OF MEMORANDUM 05-160.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

C. Consent Agenda item A. Homer City Council unapproved meeting minutes of September 26, 2005 Special and Regular Meeting. City Clerk. Recommend approval.

WYTHE/NOVAK - MOVED APPROVAL OF THE MINUTES OF SEPTEMBER 26TH.

Correction on page 26 of the packet, page 2 of the Special Meeting Minutes in the seventh paragraph from the bottom the November 17, 2005 date should be November 17, 2004. It was emphasized that the Council does read the minutes from their meetings and that they do pay attention to detail.

McLAY/NOVAK - MOVED WE AMEND THE MINUTES TO ADD THE CORRECTION.

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

Motion carried.

There was no further discussion.

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

Motion carried.

RESOLUTIONS

A. Resolution 05-99(S), Of the City Council Certifying the Results of the City of Homer Regular City Election Held October 4, 2005 to Elect Two Councilmembers. City Clerk.

YOURKOWSKI/NOVAK - MOVED FOR THE APPROVAL OF RESOLUTION 05-99(S) BY READING OF TITLE

Councilmember Yourkowski extended congratulations to the Newly Elected Councilmembers, Mike Heimbuch and Matt Shadle, each elected to a three year term.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Resolution 05-100, Of the Homer City Council Supporting Alaska Department of Environmental Conservation (ADEC) in their Efforts to Gain Funding for Projects in the Homer Area. Mayor and Council.

WYTHE/McLAY - MOVED FOR ACCEPTANCE OF RESOLUTION 05-100 BY READING OF TITLE ONLY.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

ADEC Project Priority List.

1. Water Treatment Plant - Alternative Water Source Feasibility Study

2. Spit Water Line Replacement, Phase 4

3. Bridge Creek Watershed Property Acquisition

4. East Hill/West Hill Transmission Line

5. Mountain View to East Hill Water Main

C. Resolution 05-101, Of the Homer City Council Supporting Area-Wide Projects. Mayor and Council.

WYTHE/McLAY - MOVED FOR ADOPTION OF RESOLUTION 05-101 BY READING OF TITLE ONLY.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Area-Wide Project Priority List.

1. Deep Water Dock Construction Phase 2

2. Water Treatment Plant - Alternative Water Source Feasibility Study

3. Kachemak Bay Branch UA Campus continued Expansion, includes possible purchase of City Hall which may assist in obtaining a new City Hall in the Town Center.

D. Resolution 05-102, Of the Homer City Council Adopting the State Legislative Request Capital Project List for Fiscal Year 2007 and Requesting Appropriate Funding. Mayor and Council.

WYTHE/McLAY - MOVED FOR ADOPTION OF RESOLUTION 05-102 BY READING OF TITLE ONLY.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

State Legislative Request Capital Project Priority List.

1. Water Treatment Plant - Alternative Water Source Feasibility Study

2. Deep Water Dock Construction Phase 2.

3. Kachemak Bay Branch UA Campus continued Expansion, includes possible purchase of City Hall which may assist in obtaining a new City Hall in the Town Center.

4. Skyline Drive Fire Station

5. Homer Intersection Improvements

6. Spit Trail - Harbor Pedestrian and Bike Pathway

E. Resolution 05-103, Of the Homer City Council Adopting the Federal Legislative Request Capital Project List for Fiscal Year 2007 and Requesting Appropriate Funding. Mayor and Council.

WYTHE/McLAY - MOVED ACCEPTANCE OF RESOLUTION 05-103 BY READING OF TITLE ONLY.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Federal Legislative Request Capital Project Priority List.

1. Deep Water Dock Expansion . 2. Water Treatment Plant Upgrade/Alternative Water Source

3. East Boat Harbor

4. Homer Intersection Improvements

F. Resolution 05-104, Of the Homer City Council Adopting the "City of Homer Capital Improvement Plan 2006 through 2011" as the Official Six Year Capital Improvement for the City of Homer. Mayor and Council.

WYTHE/McLAY - MOVED FOR ACCEPTANCE OF RESOLUTION 05-104 BY READING OF TITLE ONLY.

There was a clarification that the document and the lists are in sync.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

COMMENTS OF THE AUDIENCE

Audience comments upon any matter.

Ken Satre, President of the Homer Hockey Association and resident of the City, commented about the CIP and their organization. He noted that it is difficult for a start up organization to get to a point of operation where the level of costs are met by revenues, and that the Homer Hockey Association is nowhere near revenues meeting costs. He noted that the Ice Rink Facility exists due to support and efforts of the Community and encouraged the City, the Council to continue to support the Ice Rink, adding that without support the facility will continue to be at risk. He emphasized their need for an electric ice resurfacing machine, to maintain the rink at a high standard, and to replace their ancient 1984 Zamboni, which is propane fired. The propane fired Zamboni requires a great deal of maintenance, is expensive to operate and is the cause of much of the Ice Rink humidity problem. He noted the request from the Homer Hockey Association for this to be included in the CIP and/or the City's budget. He emphasized the need for an ice resurfacing machine and that without it the Ice Rink is not usable. He noted that a lot of people are working hard to make the facility successful.

Kevin Bell noted that there are over 100 youth hockey players ages 4 to 18 utilizing the rink from Ninilchik to the Russian Villages. There is a learn to skate program with over 30 skaters registered, that starts next week. There is a High School team that begins practice next week and the first Home Game is at the end of the month. There are over 40 adult players on both men and women teams. There is an average of over 50 skaters at the public skating sessions. Figure skating program and classes are scheduled for later this month. There is a figure skating coach. Last month the biggest users were Ice Hockey teams from the Central Peninsula coming to Homer daily, the full month of September, due to the Central Peninsula facilities being down. Four Anchorage Teams came to play Homer and Soldotna teams at the Homer Ice Rink and spent entire weekends in Homer. He voiced appreciation for any financial support that the City can put in the upcoming budget.

The Mayor opened the comment period for questions from the Council.

Councilmember Stark stated that he was glad to see the driveway getting paved this morning, from Spit Road to the parking lot, commended the marvelous job on the facility. He stated that, generally speaking, he has been and continues to be a great supporter of the Homer Hockey Association. He expressed appreciation for their good work for the children and all of the citizens of Homer, Alaska.

Mayor Hornaday noted that there is budget recommendation for $10,000.00 for the Homer Hockey Association to assist with the purchase of a Zamboni.

Councilmember Yourkowski noted that many times the state representative will come to the City inquiring about a small project and that these do not have to be on the CIP list to be funded, adding that this project is still on Council's radar screen and encouraged the Homer Hockey Association to not feel bad just because this did not make the CIP list.

Councilmember Heimbuch inquired about updates on deficiencies in the building.

Ken Satre responded that the condensation issue, that was at one point fairly serious, is not completely resolved and that there have been some improvements made due to work done on the dehumidifying system and the weather has made a huge different. The high heat of summer did not help. An electric Zamboni is probably the most critical element in terms of resolving that issue completely. A new or relatively new Zamboni is essential to keeping the rink operational. "If you can't shave the ice you can't skate on it."

Councilmember Novak inquired about propane versus electric.

Ken Satre stated that a propane Zamboni allows the circulation of air, whereas, with an electric Zamboni the air does not have to be recirculated. This Ice Rink facility is built in the middle of an Ocean and so there is a tremendous amount of humidity. He commented that he is unaware of another Ice Rink Facility built in this situation.

Frank Griswold stated that he was just looking over all these charts of records requests and that he has yet to find one that pertains to legal strategies, so that was a Red Herring. He said that he did not think that some of the Council could have looked over these very closely either, because he said that he included in the packet two documents denied that were obviously released, because these were in the Council packet, interjecting that he means these were in court filings. He stated that it seems that the City does not seem to have a very good handle on what has been released and what has not been released. He said that he does not see how the Council can carte blanche say that the whole list is not to be released when clearly a document that has already been released can't be reclassified or not released. He told the Council that if they are starting down this path of denying public records and considering this Ordinance 05 -17, this might be the time to order a different colored flag wherein to say the Pledge of Allegiance. He bid the Council good night.

Deb Germano (1) thanked the Council for their work and voiced appreciation for the positive comments received from folks since she has gone onto this new job. She voiced appreciation of Chris Moss and his work for the City and Borough. She stated that she will love Chris Moss when he stops laughing every time he sees her. She announced that she had resigned her school board seat last week, before the election was certified, to facilitate the School District advertising and getting someone into the two vacant seats, noting that they are on a short time line with the Association of Alaska School Board Annual Conference that is very important for Boardmembers to attend. The deadline is Friday, October 14th, the Board will be interviewing candidates for both seats on October 17th. She stated that if anyone has any questions she is in the phone book.

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 thanked the Councilmembers and City staff for all the overwhelming support for he and his wife, Mary, received over the last week and a half, having had a rough week. City Manager Wrede expressed appreciation to Councilmember Yourkowski, that it has been fun to work with him, that he will miss Councilmember Yourkowski even though he voted against every recommendation that the City Manager made this evening.

COMMENTS OF THE MAYOR

Mayor Hornaday commented that the City Manager's wife has been in our prayers. He stated that it is good to see Val McLay back after his accident; that Homer lost a wonderful lady, Margret Pate, who had been very active in City work, and voiced hope that the former City Manager's boy is making a good recovery. He noted that there are a lot of good people in town and wished them the best. He reported that he just returned from an extensive trip, and that his kids are spread from the Pacific to the Atlantic, and that he is a newspaper junkie. He advised the Council that other communities across the country are dealing with similar issues to Homer; growth, traffic, pollution, development, and environmental concerns. He agreed that Homer is unique, but that a lot of the problems are not unique and that people throughout the United States are struggling. He voiced his opinion that a growing economy and good education system are necessary for the success of democracy and voiced a hope of continuing along those paths. He stated that Homer is very good about identifying an issue and tends to disperse on how to handle an issue. He concluded that it is good to be home again. He gave a personal thanks to Mayor Pro Tempore Yourkowski for running the meetings in his absence, for helping him keep the meetings going and for helping him with the procedures and all. He wished Mike Yourkowski the best.

COMMENTS OF THE CITY COUNCIL

Councilmember Yourkowski thanked the Administration, Staff, Mary (City Clerk), and that he did make it through seven years without spilling his coffee, something that cannot be said of Jack Cushing and some others. He expressed discouragement that only three people ran for two seats in the last election and expressed hope that more people would get involved, which is the only way this City is going to move forward. He stated that it is not that bad and is kind of fun, especially with the pleasant staff that the City has and the good support. He encourage more people to get involved with the Commissions and Committees, interjecting that he did apply for the Public Arts Committee and hoped that the Mayor would, please, appoint him.

Mayor Hornaday stated, humorously, that he is seriously considering all candidates.

Dennis Novak thanked Councilmember Yourkowski for his years of service to the City, seven years, and pointed out that Mike Yourkowski filed for office so that there would be an additional candidate so that there would be an election. He emphasized that it was not that Mr. Yourkowski was on a power trip or trying to achieve some goal for himself, that he did it for the community and that there needed to be a campaign. He applauded Mr. Yourkowski and that, in the future, if more people would make that kind of effort this would be a better town and encouraged appreciation for people who do make that effort.

Councilmembers Stark, Heimbuch and Wythe had no comments.

Councilmember McLay thanked and complemented the City Manager for his reports, that these have very good detail, very good clarity and that these really keep the Council up to date. He noted that it is good to see that the City Manager follows through with his job and real good that he reports on a regular basis. He thanked Mike Yourkowski for his service on the Council, that he enjoyed working with him this year even when they have not seen eye to eye, that they can amicably agree to disagree, adding that a lot has been accomplished this past year with Mike Yourkowski playing a role in those accomplishments.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 8:52 p.m. The Next Regular Meeting is scheduled for Monday, October 24, 2005 at 7 p.m. The next Committee of the Whole is scheduled for Monday October 24, 2005 at 4 p.m. A Special Meeting is scheduled for Monday, October 17, 2005 to administer the Oath of Office to the Newly Elected Councilmembers. A Special Meeting is scheduled for Monday, October 24, 2005 at 5:30 p.m. for Board of Adjustment Appeal Hearings. All meetings scheduled to be held in the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.







____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Approved: ________________________

1. Newly Elected Borough Assembly Woman. Elected to Assembly seat previously held by Chris Moss.