Session 09-21 a Regular Meeting of the Homer City Council was called to order on October 12, 2009 at 7:02 p.m. by Mayor Pro Tempore Dennis Novak 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: HOWARD, LEWIS, NOVAK, ROBERTS, WYTHE, ZAK

STAFF: CITY MANAGER WREDE

CITY CLERK JOHNSON

CITY ATTORNEY SUOZZO

CITY PLANNER ABBOUD

FINANCE DIRECTOR HARVILLE

PUBLIC WORKS DIRECTOR MEYER

Mayor Hornaday has requested excusal.

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 5:35 p.m. to discuss 2010 Budget, Ordinance 09-42(A)(S), An Ordinance of the City Council of Homer, Alaska, Adopting Homer City Code Chapter 19.02, Special Events, Requiring Permits for Special Events in the City, and Authorizing Charges for City Services Required for Special Events, and Regular Meeting Agenda items. A Worksession was conducted from 5:52 p.m. to 6:57 p.m. to discuss Ordinance 09-40, An Ordinance of the City Council of Homer, Alaska Adopting the 2008 Homer Comprehensive Plan and Recommending Adoption by the Kenai Peninsula Borough. (Review Chapters 5, 6, 7 & 8.)

AGENDA APPROVAL

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

Mayor Pro Tempore Novak called for a motion for the approval of the agenda as amended: VISITORS - Tina Day, Chamber of Commerce, Update on Tourism and Marketing Funds; PUBLIC HEARINGS - Memorandum 09-137 from City Planner, Re: Chapter 5 recommendations and Homer Spit Comp Plan – Public Meeting Notes and Overslope Development Maps; CITY MANAGER’S REPORT - Project Progress Report by Public Works; PENDING BUSINESS - Ordinance 09-36(S), Backup information - Water System Use Agreements and Maps; RESOLUTIONS - Resolution 09-106(S), A Resolution of the City Council Certifying the Results of the City of Homer Regular Election Held October 6, 2009 to Elect Two Councilmembers and to Decide One Proposition. City Clerk.

WYTHE/LEWIS – SO MOVED.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Joe Fletcher, city resident, provided Council a written update on the lawsuit against the Saudi royal family for funding Al-Qaida. Regardless if Council funds the Boys & Girls Club he intends to educate their kids so they will know what heinous hypocrites they are.

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 September 28, 2009 Regular Meeting. City Clerk. Recommend adoption.

B. Memorandum 09-135, from Mayor Pro Tempore, Re: Appointment of Robert Burns and Coletta Walker to the Advisory Planning Commission and Todd Hoppe to the Economic Development Advisory Commission.

Mayor Pro Tempore Novak called for a motion for the adoption and approval of the consent agenda as read.

ROBERTS/LEWIS – SO MOVED.

Councilmember Zak asked if the Planning Commission applicants had been reviewed prior to appointments. Mayor Pro Tempore Novak acknowledged all applications had been reviewed before he made appointments. Councilmember Zak requested Item B, Memorandum 09-135 be moved to New Business, Item A.

HOWARD/WYTHE – MOVED TO MOVE MEMORANDUM 09-134 AND RESOLUTION 09-99 TO RIGHT BEFORE THE END OF THE MEETING.

City Attorney Suozzo confirmed she would remain at the meeting until the two items were heard.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

A. Tina Day, Chamber of Commerce, Update on Tourism and Marketing Funds

Tina Day, Director of the Chamber of Commerce, reported City funds for 2009 are responsible for 8% of the Chamber’s funds and are restricted for marketing purposes only. The return on the investment of all marketing and advertising, including in-kind or in trade, equates to $219,000, or a 900% return on the investment. The Chamber distributes to nearly a million people to bring visitors to Homer. The Chamber is able to be proactive rather than reactive to the market downturn this year. Very quickly they were able to react to the downturn economy and put together a strategy to offset it. They brought conferences and conventions to Homer and launched a Buy Local campaign. In 2008 tourism made up 13.4% of overall taxable sales, or $23M to Homer, with the City receiving over $1M in tax revenue. Through June of 2009 tax revenue has been $400,000, with an expected $800,000 for 2009 compensating for the 20% to 25% downturn in tourism.

Jenny Martin, Executive Assistant and Member Services Coordinator, reported walk-in visitors to the Chamber were down by 25% this year, with 7,800 visitors. Most visitors were from Alaska. Chamber members with a 10% to 30% loss of business reported 50% Alaskan visitors. Members down 30% to 60% in business reported out of state visitors. Hardest hit were the high end lodging and fishing charters. Across the state tourism was down 25%. Marking expenditures for 2009 were $87,000, leveraging $219,000 in marketing services. In 2009 City contributions were reduced by $7,500. Cut have already been made for the Chamber’s 2010 budget, including two positions. Other potential cuts may be reduced hours, and discontinuation of relocation packets and scholarship programs. Membership is over 600, which provides 1,200 eyes to look for marketing opportunities for Homer. The new membership outreach has been started and they have reached their legislative priorities, provided in state advertising, and are about to unveil the Check Local/Buy Local program. Programs are funded primarily by members.

Funding was requested at the same level as 2009, rather than zero.

B. Bill Smith, Energy Consumption and Management for City Buildings

Bill Smith, mechanical contractor for 29 years, has worked on heating and ventilation systems. Mr. Smith attended most Global Warming Task Force meetings and helped form recommendations for the Climate Action Plan (CAP). He is focused on helping the City save energy, taxpayer dollars, and reducing greenhouse gas emissions. He provided a small amount of assistance to Joel Cooper on implementing the CAP. Mr. Cooper compiled a list of energy usage figures for city facilities that revealed problems in the way the City is doing business. After hearing of the proposed closure of the West Campus and Boys & Girls Club, he asked the two organizations to commit to saving costs. The Boys & Girls Club is already using energy savings measures and Carol Swartz, Kachemak Bay Campus, did a run through of the West Campus. A timer will be placed on the exhaust fan so rather than running continuously it will only run when the building is occupied. Someone will go to the building at 9 p.m. to turn out the hallway lights. The adjacent building to the West Campus is used for storage. It has little or no insulation, single pane windows, and the two rooms in the basement used by maintenance total 1,400 sq. ft. In 2008 the average monthly electrical use was $555. Fuel was $1,335 per month. The shop has a collection of tools, none of them using much electricity. They should not be using more than $100 per month for electricity. The office and shop should remain in use, but the rest of the building should be shut down by turning off the boiler, draining out the water, installing monitors in each room, insulating the windows and replacing windows. We could save $18,000 to $20,000 a year. The City does not have a system to reduce costs to city facilities. People using the facilities need to be encouraged to save energy. Run a contest and award a prize for energy savings. An energy manager needs to be responsible for tracking, reporting and controlling energy use. There has to be money to do the work and that could be accomplished by establishing a revolving energy fund from depreciation fund balances. The revolving energy fund would loan money to a project and receive repayment from the energy savings. After the initial investment, no tax dollars would be needed for the program. The sooner we get moving the more money we can save to reduce greenhouse emissions. The tools to do the work are at hand; he hopes Council will support the effort.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. Mayor’s Proclamation – Domestic Violence Awareness Month, October 2009

Mayor Pro Tempore Novak read the proclamation.

B. Borough Report

Bill Smith, Kenai Peninsula Borough Assemblyman, reported the Assembly will consider an ordinance to appropriate money for a recycle container on the Spit. Mayor Carey is proposing a five-month reprieve from gas tax as an amendment to the Borough tax code, effective from January 1^st through May 31^st. If approved, it will have a fiscal impact on the City of Homer. He suggested Council write to Mayor Carey to ask how the city will replace the lost revenue. When the Assembly adopted the budget in June they recognized they would be over the top of the recommended fund balance. Approximately $1.4M was received from the federal and state government. The Mayor wants to reduce the fund balance. The Assembly did not support a reduction of the mil rate; the next two years will be difficult times for the fund balance due to the reduction in sales tax on food. Monies could not be shared with cities, but there may be an overall reduction in the sales tax mil rate.

C. Commissions/Board Reports:

1. Library Advisory Board

2. Homer Advisory Planning Commission

3. Economic Development Advisory Commission

4. Parks and Recreation Advisory Commission

5. Port and Harbor Advisory Commission

There were no commission reports.

PUBLIC HEARING(S)

A. 2010 Budget

Mayor Pro Tempore Novak opened the public hearing.

Chris Etzweiler, city resident, spoke in support of Community Schools. As a basketball coach, he runs a twice weekly class teaching kids the fundamentals of basketball. The City spends $214,000 per year to fund the Animal Shelter, an amount that would fund Community Schools for three years. Community Services is a city entity; the people voted for it.

Joy Stewart, Executive Director of The Homer Foundation, recognizes the difficult funding decisions to be made in the face of the economic downturn. The City has a long standing history of supporting nonprofits, giving organizations the ability to leverage additional funding based on the City’s support. For the last nine years The Homer Foundation has partnered with the City in providing the support. The foundation has managed the endowed portion of the funds and administered the grants program assuring there is a competitive review process at no monetary benefit to The Homer Foundation.

Diane Borgman, city resident, noted the Comprehensive Plan Sections 6, 7, and 8 speak to arts, education and culture. It says there is strong support in the community for all of those, including lifelong learning. The Homer Foundation, Community Schools, and the Boys &Girls Club all do what we are saying in the Comprehensive Plan. If we don’t support our Chamber of Commerce and arts and education we are stabbing ourselves in the heart.

Ken Castner, city resident, commented that support for nonprofits came through state revenue sharing. When the funding lapsed there were many people that lobbied for it. The City manages to have money for odd things. A stairway was brought in by helicopter to the water station and his road was paved. Although nice things, they are not identified with Homer’s standing of #10 for a romantic retreat. Some have suggested volunteerism, but mixing volunteers with paid staff doesn’t mesh that well. Volunteers offered to straighten the structure at Bishops Beach, yet it is still undone. Mr. Castner said he could volunteer to run the City a year for free, taking Walt’s wage and pay to run Community Schools and fund nonprofits.

Leonard Wells, city resident, commented he didn’t see the City Manager include pay freezes and elimination of positions in his budget. He eliminated positions that were not funded. The Animal Shelter contract could be put off to the Kenai Peninsula Borough. Other positions in the City could be reduced staff or short term staff.

Michael Armstrong, Homer News reporter, hopes when Council discusses the budget they have an open, frank, honest, and public discussion. The Executive Session to discuss how much the college will pay for the lease is before Council. He asked Council to reread former City Attorney Gordon Tans’ recommendations on Executive Sessions that says Alaska Statutes require it be clear that immediate knowledge of the discussion will adversely affect city finances. Memorandum 09-134 does that. Mr. Tans also advised as a practical matter for an adverse financial impact Executive Session to withstand a court challenge, there must be facts on the record to enable the court to conclude that it was clear that an immediate knowledge of the matter to be discussed would harm the government’s financial interest. Memorandums for Executive Session have been vague and it is troubling when trying to report the news.

Mayor Pro Tempore Novak closed the public hearing.

B. Ordinance 09-40, An Ordinance of the Homer City Council Adopting the 2008 Homer Comprehensive Plan and Recommending Adoption by the Kenai Peninsula Borough. City Manager. Introduction September 14, 2009, Public Hearings October 12 & 26, 2009, Worksession November 9, 2009, and Second Reading November 23, 2009.

Ordinance 09-40(S), An Ordinance of the Homer City Council Adopting the 2008 Homer Comprehensive Plan and Recommending Adoption by the Kenai Peninsula Borough. City Manager.

Mayor Pro Tempore Novak opened the public hearing.

Frank Griswold, city resident, commented despite revisions, Ordinance 09-40(S) is still illegal. KPB 21.01.025 has been misinterpreted deliberately. The code addresses revisions to land use plan, but does not give the City of Homer the authority to revise the Comprehensive Plan or decide revision is necessary. He questioned the use of the ordinance instead of by resolution which has always been past practice. The City does not have planning authority. Both versions of the proposed ordinance violate KPB 21.01.025, AS 29.40.010, AS 29.40.030(b), and AS 29.40.020(b)(1). It is irrelevant the City has prepared amendments in the 2008 Comprehensive Plan. This is the duty of the KPB Planning Commission only after the KPB Assembly reviews the existing plan and determines that a total revision is necessary. When Alaska Statutes governing amendments to comprehensive plans was enacted, it was not anticipated this task would be delegated to an unregulated, untrained, largely nonresident committee representing private interests appointed by a Mayor that had no authority to make appointments.

Mayor Pro Tempore Novak closed the public hearing.

C. Ordinance 09-44, An Ordinance of the Homer City Council of Homer, Alaska, Amending Homer City Code 21.03.040 to Add Definitions Related to Overslope Development in the Homer Small Boat Harbor, and Enacting Homer City Code 21.46 Small Boat Harbor Overlay District, to Regulate Overslope Development Around the Homer Small Boat Harbor as a Conditional Use. City Manager/Planning. Introduction September 14, 2009, Public Hearings September 28 & October 12, 2009 and Second Reading October 12, 2009.

Memorandum 09-116 from City Planner as backup.

Memorandum 09-136 from City Planner as backup.

Ordinance 09-44(S), An Ordinance of the Homer City Council of Homer, Alaska, Amending Homer City Code 21.03.040 to Add Definitions Related to Overslope Development in the Homer Small Boat Harbor, and Enacting Homer City Code 21.46 Small Boat Harbor Overlay District, to Regulate Overslope Development Around the Homer Small Boat Harbor as a Conditional Use. City Manager/Planning.

Mayor Pro Tempore Novak opened the public hearing.

There was no public testimony.

Mayor Pro Tempore Novak closed the public hearing.

Mayor Pro Tempore Novak called for a motion to substitute Ordinance 09-44(S) for Ordinance 09-44.

WYTHE/LEWIS - SO MOVED.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Mayor Pro Tempore Novak called for a motion for the adoption of Ordinance 09-44(S) for second and final reading.

WYTHE/ROBERTS - SO MOVED.

Mayor Pro Tempore Novak noted the summary notes from the public meeting as provided in the supplemental agenda. Walkways, bike paths, blockage of views due to location of buildings on overslope, and size restrictions were concerns.

NOVAK - MOVED TO POSTPONE AND BRING IT BACK TO THE COUNCIL WITH THE DRAFT SPIT COMP PLAN AND DEAL WITH THEM BOTH AT THE SAME TIME.

Motion failed for lack of a second.

Council commented on adoption of the ordinance indicating both the Port and Harbor Advisory Commission and the Planning Commission had reviewed overslope adequately. The ordinance can provide direction for the Spit Comprehensive Plan and changes to the ordinance can be made after the Spit Comprehensive Plan is completed. Overslope is an economic opportunity to Homer that has been a long time coming with a lot of people waiting for it.

VOTE: (main motion) YES. ROBERTS, WYTHE, ZAK, HOWARD, NOVAK, LEWIS

Motion carried.

D. Ordinance 09-45(S), An Ordinance of the City Council of Homer, Alaska, Amending Homer City Code 13.24.010, Applicability; 13.24.040, Construction and Installation--Gravity Line; 13.28.010, Applicability; and 13.28.030, Water Service Construction and Installation; to Permit a Lot to Connect Only to a Directly Adjacent Sewer or Water Main, and to Require the Replacement of a Connection to a Sewer or Water Main that is Not Directly Adjacent to the Lot Being Served when a Directly Adjacent Sewer or Water Main is Constructed. City Manager. Introduction September 14, 2009, Public Hearings September 28 & October 12, 2009 and Second Reading October 12, 2009.

Mayor Pro Tempore Novak opened the public hearing.

Barry Levitt, city resident, said the ordinance should be tabled as there are ramifications to many and it raises many questions. He has diligently searched records regarding spaghetti lines, and there were no records during the time his line was made. A prior mayor of Homer built the home across the street at the time the lines were installed. The City has granted permission for spaghetti extensions over the years; some have been granted due to political pressures and various extenuating circumstances. The ordinance will require water lines that work perfectly well to be abandoned and creates questions that may require legal opinions. In the backup information he researched through Public Works he found there are no signed documents nor recorded documents for his property at 394 E. Fairview. The title company provided no information that was recorded. He has owned his property for two and a half years and is the fourth owner of the property. Mr. Gardner at Public Works told him his property was never recorded and there was no document to his property or the owner having to hook up.

Arden Jeffries, city resident, resides in the former Mayor Calhoun’s residence at 385 E. Fairview. He is supplied by a water line that is functional and has worked flawlessly for 20 years. The construction is sound as there are documents the former mayor left behind indicating the materials used in construction, approval from everyone, and documents showing he may have used his influence of office causing other things to occur. Mr. Jeffries does not want a new water line and suggested the ordinance be tabled. His home is also a bed and breakfast. If the City decides to install a new water main the plastic pipe may be moved a little and may cause an interruption to his service. He cannot run a business without water and sewer. A new water main is suggested due to a brand new four part apartment at Svedlund and E. Fairview. Although the original agreement with Mr. Calhoun and the City says that if something happened to the main he was responsible, in this case the City would be responsible for destroying it.

Mayor Pro Tempore Novak closed the public hearing.

Mayor Pro Tempore Novak called for a motion for the adoption of Ordinance 09-45(S) by reading of title only for second and final reading.

WYTHE/ROBERTS - SO MOVED.

Councilmember Wythe commented when discussion first started her primary concern was individuals faced with the liability without appropriate notice. A deferment should be considered until the property transfers hands or is occupied by a different person. That is still an appropriate deferment as opposed to a one year deferment. It is a situation the City itself has created and we need to take appropriate steps to rectify them without harming citizens.

Asked to comment on the deferment of assessment until property transfers ownership, Attorney Suozzo advised it is a substantial deviation from the ordinance to delete the one year deferment. A substitute ordinance would be needed to allow for public input. The question is if the City has the authority to move forward with a centralized utility. If there was an agreement that prohibited the City from doing so, it would be a contract issue. There has been a lot of research on spaghetti lines and there is no language in the agreements to suggest the City cannot take a progressive approach to the future of the utility. A conditional exception could be made to amend code to add the deferment provision.

Councilmember Wythe commented there are three spaghetti line lots in this case with three individuals that have not been given adequate notice. There is an advantageous construction fee for this section of line that will save the property owners, whether paying today or ten years from now, tens of thousands of dollars. If the individuals were not given the proper information they should be protected from the City doing something 180 degrees in the opposite. Her concern is to best protect the interest of spaghetti line users and the financial long term interests of the City.

Councilmember Zak commented if an individual buys a house unaware of the spaghetti line and the ordinance is passed there is a cost laid on them.

Attorney Suozzo commented it is a dilemma and a difficult place to be, but is not a legal dilemma. She doesn’t know how a spaghetti line is communicated in the sale of a home. Morality can cross over into a legal issue by people arguing against unfairness. The City has the right to change the policy on utilities and make properties comply.

Mayor Pro Tempore Novak suggested postponing adoption to bring forth a substitute ordinance and finding out which properties have been legally recorded.

Councilmember Roberts noted 52 homeowners were mailed a letter and the only comments were from people affected by this ordinance. She favors going forward on Ordinance 09-45(S) and then consider changes.

Councilmember Wythe agreed to proceed with the current ordinance and bring forward another ordinance at the next meeting. A follow-up notice to each person that is on a spaghetti line is needed with documents recorded on each one. It will prevent anyone from this situation again and properties will not be trading hands with an unrecorded attachment or lien. On the remaining other 49 properties at the time the main goes through they will be required to connect within one year of the new service.

Attorney Suozzo advised for all legal purposes proper notice has been given to everyone involved and there is no lien or attachment in an updated policy of the City to its residents. There are no impediments on the City that are not there.

Councilmember Wythe stated there is the law and there is the right thing to do. This is the right thing to do.

Councilmember Zak asked that staff see how many of the 52 properties have something recorded. We will then know that we have cared for the people. For those that have nothing recorded it does impact families. Take into consideration the financial burden of those that bought a house with no knowledge of a spaghetti line.

NOVAK/ZAK – MOVED TO POSTPONE.

There was no discussion.

VOTE: (postponement) YES. ZAK, NOVAK

VOTE: NO. LEWIS, ROBERTS, WYTHE, HOWARD

Motion failed.

VOTE: (main motion) YES. NOVAK, LEWIS, HOWARD, ROBERTS, WYTHE

VOTE: NO. ZAK

Motion carried.

WYTHE/LEWIS – MOVED FOR IMMEDIATE RECONSIDERATION.

Councilmember Wythe commented it will lock in the decision and prevent Council from changing their mind.

VOTE: (reconsideration) YES. HOWARD, NOVAK, LEWIS, ROBERTS, WYTHE

VOTE: NO. ZAK

Motion carried.

Councilmember Zak said the reconsideration torques him knowing there is the possibility a councilmember may change their mind. He doesn’t believe he will use it again knowing how and why it is used.

VOTE: (main motion) YES. HOWARD, LEWIS, ROBERTS, WYTHE

VOTE: NO. ZAK, NOVAK

Motion carried.

E. Ordinance 09-47, An Ordinance of the City Council of Homer, Alaska, Amending Homer City Code 21.60.040 and 21.60.097 Regarding the Regulation of Public Signs. City Manager/Planning. Introduction September 28, 2009, Public Hearing and Second Reading October 12, 2009.

Mayor Pro Tempore Novak opened the public hearing.

Bill Smith, as a former Planning Commissioner, commented he is partly responsible for writing the sign ordinance. Regulating public signs was to find a mechanism for merchants on Pioneer Avenue to notice people driving on the Bypass that there was a center of town. It was allowed for people to have off premise signs. Line 33 should say a public sign is an off premise sign. Line 56 should say a public sign should be valid for a period of five years. If a group forms and has a sign and then the entity goes away it should not be there forever. It should be subject to public review before the Planning Commission. Lines 41, 45 and 51 should be included.

Leonard Wells, city resident, said it is a sign on someone else’s property that is for someone else’s establishment. He is unsure if tonight is the time to pass it since the person writing it does not think it is clear.

Mayor Pro Tempore Novak closed the public hearing.

Mayor Pro Tempore Novak called for a motion for the adoption of Ordinance 09-47 by reading of title only for second and final reading.

ROBERTS/LEWIS - SO MOVED.

ROBERTS/LEWIS - MOVED TO AMEND LINE 33 TO INSERT THE WORDS “IS AN OFF PREMISE SIGN THAT” AFTER A PUBLIC SIGN AND UNDELETE “PUBLIC FACILITIES SUCH AS PARKS, PLAYGROUNDS, LIBRARIES, OR SCHOOLS OR TO”.

Attorney Suozzo advised it just adds in the definition of public facility, it is a little ambiguous and a substitute ordinance may be advisable.

City Manager Wrede stated the change is not that substantial due to the intent to help define a public sign.

City Planner Abboud commented the ordinance comes before Council as a solution to the confusion. Public facilities can only have one sign that must be permitted on site; it is not skirting the intent of accomplishing what we want. Off premise solves the ability of a public facility to be seen in the same light as other commercial facilities for signage.

Attorney Suozzo clarified confusion over the amendment, stating schools may have an off premise public sign and will have the same rights on the premise as anyone else.

VOTE: (amendment) YES. WYTHE, ZAK, HOWARD, NOVAK, LEWIS, ROBERTS

Motion carried.

NOVAK – MOVED TO POSTPONE AND BRING IT BACK AT THE NEXT MEETING.

Motion died for lack of a second.

LEWIS/ROBERTS - MOVED TO AMEND TO REINSTATE LINES 56 AND 57.

Attorney Suozzo expressed worry about the changes, as the ordinance no longer does what is intended. It is only cleaning up the language in HCC 21.09.07, changing everything and may be getting into deep water.

Councilmember Wythe commented they are public directional signs. There is no need for a second approval for an off-site sign to direct you to a long term establishment.

VOTE: (amendment) YES. LEWIS

VOTE: NO. ROBERTS, WYTHE, ZAK, HOWARD, NOVAK

Motion failed.

VOTE: (main motion as amended) YES. LEWIS, ROBERTS, WYTHE, ZAK, HOWARD, NOVAK

Motion carried.

Mayor Pro Tempore called for a recess at 9:05 and reconvened the meeting at 9:13 p.m.

F. Ordinance 09-48, An Ordinance of the City Council of Homer, Alaska, Accepting and Appropriating a State of Alaska Department of Transportation & Public Facilities 2006 National Scenic Byways Grant in the Amount of $63,000, with a Local Match of Cash and/or “In Kind” Services in the Amount of $31,000, for Phase II Design and Permitting of the Homer Spit Trail Extension, and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Introduction September 28, 2009, Public Hearing and Second Reading October 12, 2009.

Mayor Pro Tempore Novak opened the public hearing.

There was no public testimony.

Mayor Pro Tempore Novak closed the public hearing.

Mayor Pro Tempore Novak called for a motion for the adoption of Ordinance 09-48 by reading of title only for second and final reading.

LEWIS/ROBERTS - SO MOVED.

City Manager Wrede commented there is a cash match up to $31,000 that could cover much of the in-kind services, although he hopes to use as little of the $31,000 as possible. The ordinance authorizes spending $31,000 from HART funds. The State would prefer that the City take over management. The State received the $2M to construct. A Memorandum of Understanding between the City and State will be made to finish right-of-way acquisition, surveying or permitting that is preliminary to construction.

VOTE: YES. NOVAK, LEWIS, ROBERTS, WYTEH, ZAK, HOWARD

Motion carried.

ORDINANCE(S)

A. Ordinance 09-37, An Ordinance of the City Council of Homer, Alaska, Accepting and Appropriating a Byrne Memorial Justice Assistance Grant for Active Shooter Training in the Amount of $11,778.00, Providing for the Local Match of $5,000.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Manager/Police Chief. Recommended dates: Introduction October 12, 2009, Public Hearing and Second Reading October 26, 2009.

Memorandum 09-133 from Police Chief as backup.

Mayor Pro Tempore Novak called for a motion for the adoption of Ordinance 09-37 for introduction and first reading by reading of title only.

WYTHE/ROBERTS – SO MOVED.

City Manager Wrede commented a local match of $5,000 was already paid to send two officers for training; no additional funds will be expended.

VOTE: YES. HOWARD, NOVAK, LEWIS, ROBERTS, WYTHE, ZAK

Motion carried.

B. Ordinance 09-51, An Ordinance of the City Council of Homer, Alaska, Amending Homer City Code Chapter 18.07, Funds for Works of Art in Public Places, by Adding Section 18.07.090, Authorizing the Formation of a Public Art Fund. City Clerk. Recommended dates: Introduction October 12, 2009, Public Hearing and Second Reading October 26, 2009.

Mayor Pro Tempore Novak called for a motion for the adoption of Ordinance 09-51 for introduction and first reading by reading of title only.

WYTHE/LEWIS - SO MOVED.

WYTHE/ROBERTS - MOVED TO AMEND TO INSERT “CONSIDERED” BEFORE VITAL TO LINE 15.

There was no discussion.

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

Motion carried.

NOVAK/WYTHE – MOVED TO AMEND LINE 22 TO REMOVE “BEST” FROM “INTEREST”

There was no discussion.

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

Motion carried.

City Manager Wrede pointed out some funds will have strings attached. Council should give some thought as it may set up liability for the City such as theft, or it may be art that Council doesn’t want will be locked in. He suggested inserting language that Council has to approve and accept money that has strings attached.

WYTHE/ROBERTS - MOVED TO AMEND TO DELETE LINE 48 BEGINNING WITH “UNLESS” TO END OF LINE 50.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

WYTHE/LEWIS – MOVED TO AMEND TO STRIKE LINE 42 AND RENUMBER THE REMAINING ITEMS TO BE 1, 2, AND 3.

Discussion ensued on the intent of the fund that it is proposed to earn money for the art program. If a project allocated 1% monies to the art fund removing the language would require a process of moving money out of the fund to reallocate. Funds are not drawn until an art project is completed. Loan funds would not be drawn down for art until ready to pay for the art for the benefit of drawing interest.

VOTE: (amendment) YES. ZAK, HOWARD, WYTHE

VOTE: NO. NOVAK , LEWIS, ROBERTS

Motion failed.

WYTHE/ROBERTS – MOVED TO AMEND LINE 68 TO ADD “WITH FINAL APPROVAL BY THE COUNCIL”.

Attorney Suozzo advised due to the amendment of who will have the final say, the Public Arts Committee would need to be notified of the changes.

VOTE: (amendment) YES. WYTHE, HOWARD, LEWIS

VOTE: NO: ZAK, NOVAK, ROBERTS

Motion failed.

Council questioned the clause on Line 43 that pertained to public art fees from private development. The 1% arts fund is for public buildings instead of private buildings. Sometimes cities levy impact fees on private development to give something back to the city. The Public Arts Committee could be asked to explain the clause.

VOTE: (main motion as amended) YES. ROBERTS, WYTHE, ZAK, HOWARD, NOVAK, LEWIS

Motion carried.

CITY MANAGER’S REPORT

A. City Manager’s Report

City Manager Wrede said the tax revenues for September are available for the public. Public Works prepared a progress report on projects completed.

Joel Cooper reported on the energy tracking system for city buildings. It was a challenge to prepare the reports as they depict infrastructure with a lot of numbers by tracking each facility. The preliminary reports as provided to Council are a snapshot of what will appear in the final report. Total fuel deliveries to the tanks show bulk diesel, gas, heating oil, and propane. Fuel consumption is not yet shown, although electricity costs are accurate to the present. Everything is generated in a tracking system which allows the view of any facility in the whole infrastructure. You will be able to select any facility or vehicle fleet and view the fuel consumption. The name of the facility will be common throughout the report and will allow tracking month and year. Mr. Cooper is currently working to obtain data from Petro Marine to indicate the two fuel types, either 1 or 2, and the BTU content. When the report is handed to the City it will include figures through October. He has been integrating the system with the portfolio manager system and the provisions in the CAP as prepared by ICLEI. The project priority rate system includes estimated costs for projects and calculated electricity and fuel uses to transfer into dollars by each facility. It will include the years to pay back with the current electricity and fuel rates. On a facility by facility rate for electric consumption, each facility is different per the HEA rate schedule. In the rate portfolio manager report, site and source energy use are shown as compared to the national average. City Hall is above national average, but is eligible for an energy star rating possibly with grants. Over the last two years the Port and Harbor office had a significant drop in electricity costs; 12% and 19% decreased energy consumption. In the final report a small energy report and graphing for each facility that would contain a lot of information could be provided as an appendix with Council approval.

Councilmember Zak asked if recommendations for energy savings costs could be made project by project. Using money from depreciation funds for energy saving improvements was suggested.

B. Bid Report

C. Question of the Week - The City of Homer is creating a new economic development plan. What ideas do you have to stimulate conversation?

COMMITTEE REPORT

A. Public Arts Committee

B. Transportation Advisory Committee

C. Permanent Fund Committee

Mayor Pro Tempore Novak and Chair of the Permanent Fund Committee, reported the committee met last Thursday to revise the RFP for management of the Permanent Fund. An RFP follows for authorization to issue the RFP to manage monies anticipated from the Exxon Valdez settlement. The committee passed a motion that 5% of the monies given to the Homer Foundation for investment follow the same guidelines as the City’s investment fund. The next meeting is January 14^th.

D. Lease Committee

PENDING BUSINESS

A. Ordinance 09-36(S), An Ordinance of the City Council of Homer, Alaska, Authorizing the Expenditure of Homer Accelerated Water and Sewer Program (HAWSP) Funds for Svedlund to Kachemak Way Water Main Extension and Approving the Creation of a Deferred Assessment on Benefitted Properties. City Manager/Public Works. Introduction July 27, 2009, Public Hearing August 24, 2009 and Second Reading October 12, 2009.

Memorandum 09-95 from Public Works Director as backup.

Motion on the floor from September 28^th: MOTION FOR THE ADOPTION OF ORDINANCE 09-36(S) BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.

Mayor Pro Tempore Novak referenced prior public comments about cost. There are two options: a minimum extension to serve the developer or a complete extension through the entire block.

Asked if Ordinance 09-46(S) works with Ordinance 09-45(S), Public Works Director Meyer said the two options would extend the main all the way through placing deferred assessments on all properties that benefit. Eleven properties could potentially benefit. Deferral of the assessment is more important for other properties not served by the spaghetti line. Ordinance 09-45(S) applies to three of the eleven properties. Ordinance 09-46(S) lets the developer install a line that would only serve the property they were trying to develop versus extending it all the way through. The two ordinances are hard to compare because they are two different projects benefitting in one case only one property and the other case all eleven. Costs for the short main extension that would benefit Lots A, B, and J would be borne by the person extending that line.

Undeveloped lots would have deferred assessments with an obligation to HAWSP of $65,625. For the lots that may have a spaghetti line that the buyers were unaware of at time of purchase it would create a burden.

Attorney Suozzo advised the ordinance allows for the assessment deferral until owners connect.

City Manager Wrede clarified a transfer of funds from HAWSP would be required. Initially a 1.5% loan to finance the project was discussed and then dismissed due to the City’s indebtedness. With HAWSP containing $4M is was decided those funds would be used and monies recuperated when owners connect and pay the deferred assessments. It eliminates dead end water lines and provides a fire protection to the neighborhood to include hydrants.

VOTE: YES. LEWIS, ROBERTS, WYTHE, HOWARD, NOVAK

VOTE: NO. ZAK

Motion carried.

B. Memorandum 09-134, From City Clerk Re: Request for Executive Session Pursuant to AS § 44.62.310(C)(1&5), Matters the Immediate Knowledge of Which would Clearly have an Adverse Effect Upon the Finances of the Government Unit and Attorney/Client Privilege. (West Campus Lease for the University.)

Moved to be heard just prior to Adjournment.

C. Resolution 09-99, A Resolution of the City Council of Homer, Alaska, Approving the Extension and Amendment of the Lease Between the City of Homer and the University of Alaska, Anchorage, Kachemak Bay Campus, for the Former Homer Intermediate School. City Manager.

Moved to be heard just prior to Adjournment.

NEW BUSINESS

A. Memorandum 09-135, from Mayor Pro Tempore, Re: Appointment of Robert Burns and Coletta Walker to the Advisory Planning Commission and Todd Hoppe to the Economic Development Advisory Commission.

Mayor Pro Tempore Novak called for a motion for the approval of the recommendations of Memorandum 09-135.

WYTHE/ROBERTS - SO MOVED.

Councilmember Zak commented there was another applicant for the Planning Commission after the two applicants and he wanted to make sure Mayor Pro Tempore Novak received all applications. Mayor Pro Tempore Novak acknowledged receipt of applications from all applicants and stated it was his decision to make the recommendations that he made.

VOTE: YES. NOVAK, LEWIS, ROBERTS, WYTHE, ZAK, HOWARD

Motion carried.

RESOLUTIONS

A. Resolution 09-104, A Resolution of the City Council of Homer, Alaska, Authorizing the City Administration to Issue a Request for Proposals (RFP) for Permanent Fund Investment Services. Novak.

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 09-104 by reading of title only.

LEWIS/ROBERTS - SO MOVED.

Brief discussion ensued on prior RFP evaluation by Council. Mayor Pro Tempore Novak explained the RFP was scaled down and the Permanent Fund Committee will score proposals and make recommendations to Council.

VOTE: YES. HOWARD, NOVAK, LEWIS, ROBERTS, WYTHE, ZAK

Motion carried.

B. Resolution 09-105, A Resolution of the Homer City Council Adopting the 2010-2015 Capital Improvement Plan and Establishing Capital Project Legislative Priorities for Fiscal Year 2011. Mayor and City Council.

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 09-105 by reading of title only.

ZAK/LEWIS - SO MOVED.

Mayor Pro Tempore Novak reviewed the top 15 priorities. DOT was here a couple weeks ago and looking for money for Main St. and the intersections. In the past State and non profits were put in a separate category. He proposed to delete the Sterling Highway Realignment, Fish Dock Restroom, and Intersection Improvements, and Main Street Construction, as they are all State projects. Tidal power did not get a lot of votes, but there are funds now available through the State for alternative energy.

Asked to comment, City Manager Wrede concurred with removing the State projects, with the exception of Main Street Construction and Intersection Improvements. Those two are vital to the downtown business core even though they are State projects. The tidal project does not need to be in the top 15 as it will be scored on its merits, whether it is feasible, how many partners we have, and how much money we are ready to bring to the table. The CIP should contain the top 15 projects that benefit the City the most. Although Main Street Construction is not on the STIP list, DOT is actively seeking money for it and the Intersection Improvements.

Attorney Suozzo advised if Council intends to change the order of projects and eliminate priorities an amended resolution is required. Resolution 09-105 in the packet lists the top 15 priorities and other things that creep on the list were not noticed to the public. Ms. Suozzo stated she did not have the CIP information in her packet other than Resolution 09-105.

Asked on the timeline, City Manager Wrede answered the Governor and his commissioners will begin working on their budget the beginning of November. The City’s CIP list should be in front of them before they begin putting their budget together.

NOVAK/ROBERTS - MOVED TO DELETE #12 STERLING HIGHWAY REALIGNMENT AND REPLACE WITH TOWN CENTER INFRASTRUCTURE.

There was no discussion.

VOTE: (amendment) YES. ZAK, NOVAK, LEWIS, ROBERTS, WYTHE

VOTE: NO. HOWARD

Motion carried.

NOVAK/ROBERTS – MOVED TO DELETE INTERSECTION IMPROVEMENTS AND REPLACE WITH BRIDGE CREEK WATERSHED LAND ACQUISITION.

Councilmember Wythe expressed the need to leave the intersection improvements on the CIP as DOT is looking at it. Bridge Creek Watershed Land Acquisition will be with us forever.

City Manager Wrede offered support since we already have $2M and are actively seeking additional funds to improve the intersection.

Councilmember Novak withdrew the motion.

NOVAK/ROBERTS - MOVED TO REMOVE THE TOWN CENTER INFRASTRUCTURE FROM #12 AND MOVE TO #15 AND PUT THE INTERSECTION IMPROVEMENTS AS #12.

There was no additional discussion.

VOTE: (amendment) YES. WYTHE, ZAK, HOWARD, NOVAK, LEWIS, ROBERTS

Motion carried.

WYTHE/ROBERTS - MOVED FOR INCLUSION OF THE PROPOSED NEW PROJECTS (BECAUSE IF WE DON’T APPROVE THEM THEY WILL NOT BE INCLUDED; NONE OF THEM ARE CITY PROJECTS) TO BE PLACED IN THEIR APPROPRIATE SECTIONS WITHIN THE CIP GIVEN THE STRUCTURE THAT IS IN PLACE.

The nonprofits will be included in the nonprofit section and the State projects in the State section; they are not City projects.

VOTE: (amendment) YES. ROBERTS, WYTHE, ZAK, HOWARD, NOVAK, LEWIS

Motion carried.

Attorney Suozzo advised Council they could vote on adoption of the resolution as the changes were not substantial.

VOTE: (main motion as amended) YES. LEWIS, ROBERTS, WYTHE, ZAK, HOWARD, NOVAK

Motion carried.

C. Resolution 09-106, A Resolution of the City Council Certifying the Results of the City of Homer Regular Election Held October 6, 2009 to Elect Two Councilmembers and to Decide One Proposition. City Clerk.

Resolution 09-106(S), A Resolution of the City Council Certifying the Results of the City of Homer Regular Election Held October 6, 2009 to Elect Two Councilmembers and to Decide One Proposition. City Clerk.

Mayor Pro Tempore Novak called for a motion to substitute Resolution 09-106(S) for 09-106.

WYTHE/LEWIS - SO MOVED.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 09-106(S) by reading of title only.

WYTHE/LEWIS - SO MOVED.

There was no discussion.

VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

D. Resolution 09-107, A Resolution of the City Council OF Homer, Alaska, to the Regulatory Commission of Alaska Expressing Our Concern and Displeasure Regarding the Failure of Enstar Natural Gas Company to Deliver Natural Gas to Homer. Novak.

Mayor Pro Tempore Novak called for a motion for the adoption of Resolution 09-107 by reading of title only.

WYTHE/LEWIS - SO MOVED.

Councilmember Wythe commented she thought we were going to ask to rescind Enstar’s certificate of reconveyance. Mayor Pro Tempore Novak answered that Enstar has the certificate and if any other entity has a viable proposal, the Regulatory Commission of Alaska will consider that.

Councilmember Wythe declared a conflict of interest due to her employment with Homer Electric.

City Attorney Suozzo advised it was safe for Councilmember Wythe to recuse herself.

Mayor Pro Tempore Novak ruled Councilmember Wythe had a conflict of interest. There was no objection from City Council.

City Manager Wrede commented he had a conversation with Enstar this morning and invited the public outreach person to the next meeting to provide information as to the reasoning on Enstar’s decision. Enstar indicates they very much want to serve the community.

VOTE: YES. NOVAK, LEWIS, ROBERTS, ZAK, HOWARD

Motion carried.

COMMENTS OF THE AUDIENCE

Frank Griswold, city resident, commented if something is not in the attorney’s packet it is probably not in the public packet. He hopes Council will heed the attorney’s advice for public notice and when making substantial changes. Conducting tactical reconsiderations should be discontinued as one never knows when a genuine reconsideration may be needed. The term off premise was misapplied; off premises is appropriate as it has a different meaning. He questioned the Clerk’s revisor authority as to the term. Bill Smith routinely neglects to sign in and indicate whether he is a citizen of Homer or Kachemak City. Instead of turning the city manager job to volunteer Ken Castner, the Mayor might appoint a managerial committee. The City could put that out for RFP and generate some revenue.

Attorney Suozzo clarified the Capital Improvement Plan was in her packet and she lost that section.

Leonard Wells, city resident, stated he looked for the CIP on the public table and only found the resolution. As to the public budget there needs to be consideration of what a pay cut, freeze or elimination of positions would do for revenues. At the current time putting money into the reserve funds is more important than payroll accounts.

Don McNamara and Donna Rae Faulkner, city residents, passed out trail bars and photos indicating they were going to take Council down the seawall trail. Donna Rae commented the present Council and City Manager were not in office when the seawall was built. They are distressed about the seawall ordinance and the Homer Citizens for Erosion Control. They have taken it upon themselves to follow directions of Carey Meyer and Phukan to tighten up bolts and screws, put in new washers and rock. The wall is holding up well. It is hard not to feel victimized with the ordinance being targeted at us because we love our home, have a limited income, have paid our seawall assessment in full, and sold our Surf Shack.

Don McNamara commented the Homer Citizens for Erosion Control are four property owners along the wall, less than 1/3 of the 13 property owners on the seawall. It is not a majority talking for the people. They are residents and have some good ideas. The City’s portion of the seawall is the least maintained of all and he wonders how he can be responsible for it too.

COMMENTS OF THE CITY ATTORNEY

City Attorney Suozzo commented there is an Executive Session requested by Councilmember Wythe on the agenda that was adequately noticed. It would be in Councilmember Wythe’s best interest to clarify what issue and the potential harm that requires an Executive Session to take place.

COMMENTS OF THE CITY CLERK

City Clerk Johnson commented the Mayor is doing well and will return to Homer October 23^rd. He will be back for the Oct. 26^th meeting.

COMMENTS OF THE CITY MANAGER

City Manager Wrede introduced Tomasz Sulczynski, part-time IT person who was operating the audio system. KBBI can no longer afford to operate the recording/broadcast system. Steve Bambakidis and Jo Johnson worked on the audio person issue and found no one willing to volunteer. Another person requested pay in excess of the city employee. Tomasz is willing to operate the audio system; however, it would require an adjustment to his work schedule for the additional hours. It is anticipated an additional $2,000 to $3,000 per year would be required for wages. Mr. Wrede said the broadcast service is for KBBI and Council should think about how important it is for the meetings to be aired on KBBI when considering the expenditure. The Borough was intending to put out an RFP as they are not happy with their sound system. Jo went to the Borough to check it out and found the Borough wanted to do their own RFP without piggybacking the City’s RFP for audio services. Jo and Steve drafted our own RFP and it is now being advertised. Before leaving for vacation Mr. Wrede had a meeting with members of homeowners association for the seawall. Concerns were voiced and the group was adamant a lot of the stuff was not true. They provided copies of their bylaws and articles of incorporation. They claim they have a majority if you looked at the lineal feet behind the wall and assessed the value. The information received will be distributed to Council. It doesn’t become an issue until they ask for money, as money cannot be distributed without a spending plan. They did provide a spending plan outlined in minutes from their meeting, yet there are no requests for money yet.

COMMENTS OF THE MAYOR

Mayor Pro Tempore Novak claimed it was a challenging and learning experience as Mayor Pro Tempore. He thanked Council and city management for the work they are doing. He thanked the public for commenting and stepping forward to express their opinion for quality of life in Homer. The city does the best it can to make it a good city to live in. The budget will be the biggest challenge, along with the Comp Plan. Mayor Pro Tempore Novak thanked everyone for their work.

COMMENTS OF THE CITY COUNCIL

Councilmember Wythe commented on the 2009 sales tax revenue information received from Regina. August receipts were 18% lower than 2008. August sales tax revenue was even lower than 2005 and August was not a month food tax was suspended.

Councilmember Zak said there was a lot of good work tonight, with a lot of good comments and viewpoints expressed. He hopes we can work together to fix a few issues in the future. He is sorry we had to keep the dean of the college here so late. He thanked Dennis for his service to the community.

Councilmember Roberts indicated the City built a stairway up the hill; it was 90% funded with stimulus money. The street paving money came out of the road funds. She heard Mr. Wells comment there was no reduction in city staff; 8.5 positions were not funded. The city workers pay has been frozen as there is no COLA in the budget. She hopes to bring forward an ordinance about the revolving energy loan fund.

Councilmember Lewis thanked Dennis for his years of service. We just had an election and his pet peeve is the disappointing numbers that turned out to vote. People should vote.

Councilmember Howard will save her remarks for Dennis for October 26^th.

Councilmember Lewis recused himself from discussion. Mayor Pro Tempore Novak ruled Mr. Lewis did have a conflict of interest. There was no objection from the Council.

Mayor Pro Tempore Novak called for a motion for the approval of the request for Executive Session per Memorandum 09-134.

WYTHE/ROBERTS - SO MOVED.

Councilmember Wythe said we are in the process of working out a new agreement with UAA and with current budget issues need to provide advice to the City Manager on how to proceed with negotiations.

City Attorney Suozzo commented if the City’s position in negotiations would create potential for immediate harm to the City’s finances, negotiation the Executive Session is appropriate.

VOTE: YES. HOWARD, NOVAK, ROBERTS, WYTHE

VOTE: NO. ZAK

Motion carried.

Mayor Pro Tempore Novak raised the question if Councilmember Zak had a conflict of interest. Councilmember Zak stated the conflict issue was raised at a previous meeting and it was determined he had no conflict and was allowed to participate. There is no conflict as he works for University of Alaska instead of the Kachemak Bay Campus.

City Attorney Suozzo said it was important to be consistent in conflicts. If there had been a conflict ruled before it would not be advisable to participate.

Councilmember Roberts recalled Mr. Zak being able to participate one time and not at the other time.

Councilmember Zak said the specific Executive Sessison for discussion of the lease was brought up at the last meeting (then postponed to this meeting) and it was ruled he did not have a conflict of interest. At a previous meeting a conflict was ruled due to something related to the University of Alaska. Rulings have been inconsistent and he will abide to whatever is ruled.

City Attorney Suozzo advised she would have felt there was no conflict, but in light of Mr. Zak having been excused in the past it now makes her very nervous. It is more important for Council to be consistent with the body’s decisions as to past conflicts. She advised that Councilmember Zak should be excused.

City Clerk Johnson recollected Mr. Klinkner ruled that Councilmember Zak did not have a conflict.

Mayor Pro Tempore Novak ruled Councilmember Zak did not have a conflict of interest. There was no objection from the Council.

Council adjourned to Executive Session at 11:22 p.m. and reconvened the meeting at 11:43 p.m.

Councilmember Wythe stated they met with the City Attorney and City Manager and discussed the college lease and provided them with direction.

Motion on the floor from September 28^th: MOTION FOR THE ADOPTION OF RESOLUTION 09-99 BY READING OF TITLE ONLY.

WYTHE/ROBERTS - MOVED TO TABLE RESOLUTION 09-99.

There was no discussion.

VOTE: YES. HOWARD, NOVAK, ROBERTS, WYTHE, ZAK

Motion carried.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 11:45 p.m. by Mayor Pro Tempore Dennis Novak. The next Regular Meeting is scheduled for Monday, October 26, 2009 at 7:00 p.m. The next Committee of the Whole is scheduled for Monday, October 26, 2009 at 4:00 p.m. A worksession is scheduled for Monday, Ooctober 26, 2009 at 5:30 p.m. A Special Meeting is scheduled for Tuesday, October 20, 2009 at 7:00 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: ______________________