Session 05-28, a Special 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, SHADLE, STARK, WYTHE, YOURKOWSKI.

STAFF: CITY CLERK CALHOUN

CITY MANAGER WREDE

DEPUTY CITY CLERK JACOBSEN

AGENDA APPROVAL

McLAY/NOVAK - MOVED TO APPROVE THE AGENDA.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public Comments only on matters on the agenda.

There were no public comments.

NEW BUSINESS

A. Oath of Office administered to the Newly Elected Officials

Mayor Hornaday called Councilmember Heimbuch and Newly Elected Councilmember Shadle to the Clerk's table.

City Clerk Calhoun administered the Oath of Office to Councilmembers Heimbuch and Shadle and congratulated them.

B. Recognition to Outgoing Elected Official, Michael Yourkowski.

Mayor present plaque to Councilmember Yourkowski.

Mayor Pro Tempore for 2002/2003, 2004/2005

Councilmember from October 1998 to October 2005

Planning Commissioner 1995 to October 1998

Your time, energy and dedication to these issues is hereby recognized:





Animal Shelter Annexation and Zoning of Study Areas

Baycrest Restrooms Beach Access, Aesthetics, Policy and Protection

Boys and Girls Club Location Bridge Creek Watershed Jurisdiction

Chamber of Commerce funding City Manager Selection - three times

City Wide Survey Comprehensive Plan and Updates

Concerns for Future Homer Generations Crosswalks and Pedestrian Crossing Safety

Development Standards Develop, Responsibly

Economic Stability concerns Extra territorial utility projects

Fishery Issues Harbor Expansion and Improvements

HARP Projects HAWSP Projects Homer Foundation City Endowment

Intersection Study K. Bay Campus Expansion

Kachemak Bay Natural Estuarine Research Reserves Karen Hornaday Hillside Park - Playground

Kachemak Heritage Land Trust Matters Land Purchases

Leases/Property Management New Homer Public Library

Non Motorized Transportation Plan Old Homer Intermediate School

One Percent for the Arts Parks and Trails in general

Pedestrian and Bike Pathways Promotion Pioneer Dock

Planning and Zoning Matters Platting

Preservation of Homer's Aesthetics and Unique Character Processor Quota Shares

Rehabilitation of Kachemak Drive with a Separated Pedestrian and Bike Pathway Scenic Byways and Corridor

Scenic Gateway to Homer Spit Restrooms

Subdivisions Town Square /Town Center Concept

Traffic Calming Measures

Traffic Patterns including Round-a-bouts

Transportation Plan

COMMITTEES - Road Standards Committee, Town Square Task Force.

LEGISLATION - Sponsor of New City Code Chapter - 18.07, Funds for Works of Art in Public Places.

Requested New City Code Chapter - 7.06 Environmental Protection, aka, Noise Ordinance - mufflers and jake brake regulations.

Authored many Support Resolutions.

Mayor Hornaday thanked Councilmember Yourkowski for his assistance to him as Mayor Pro Tem. He played his Ukelele and sang a song, that he authored, Homer Bound.

Mayor Hornaday invited Councilmember Shadle to join the Council at the table.

C. Memorandum 05-161, from City Clerk, Re: Selection/Appointment of Mayor Pro Tempore. Mayor Pro Tempore selects seat.

WYTHE/McLAY - MOVED TO OPEN THE FLOOR FOR NOMINATIONS FOR MAYOR PRO TEM SELECTION.

Councilmember Heimbuch requested discussion about the selection method.

McLAY - MOVED TO AMEND THE MOTION TO SAY AND THAT THE ELECTION BE BY SECRET BALLOT.

The Mayor did not recognize this amendment.

There was no further discussion.

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

Motion carried.

There was discussion regarding the methodology including suggestion for secret ballot.

SHADLE/STARK - MOVED WE HAVE AN OPEN VOTE.

There was discussion pro and con to open voting versus secret ballot.

Councilmember McLay queried the Mayor as to why he had rejected his motion to use the secret ballot method.

Discussion ensued.

VOTE: (open voting) YES: STARK, SHADLE.

NO: NOVAK, HEIMBUCH, McLAY, WYTHE.

Motion failed.

McLAY/NOVAK - MOVED THAT WE HAVE A SECRET BALLOT.

VOTE:(secret ballot) YES: STARK, NOVAK, HEIMBUCH, McLAY, WYTHE.

NO: SHADLE.

Motion carried.

NOMINATIONS WERE MADE

Councilmember Heimbuch nominated Val McLay.

Councilmember Wythe nominated Dennis Novak.

Councilmember Shadle nominated Doug Stark.

NOVAK/WYTHE - MOVED THAT NOMINATIONS CLOSE.

There was some discussion about a mechanism for voting for two people on the ballot.

VOTE: (closing nominations) YES: NOVAK, HEIMBUCH, McLAY, WYTHE, SHADLE, STARK.

Motion carried.

HEIMBUCH/WYTHE - MOVED THAT DURING THIS VOTING ON THE NOMINEES THAT WE BE ALLOWED TO VOTE FOR UP TO TWO PEOPLE ON THE FIRST SECRET BALLOT AND THAT IN DOING SO THAT IF WE ACHIEVE A CANDIDATE WITH FOUR VOTES THAT CANDIDATE WILL BE ELECTED.

There was a comment, question and clarification about this process. Council discussed that if there were a tie the voting would continue.

VOTE: (up to two on secret ballot) YES: NOVAK, HEIMBUCH, McLAY, WYTHE, SHADLE.

NO: STARK.

Motion carried.

The secret ballot voting followed. The Mayor gathered the ballots and gave these to the City Clerk, who tallied the votes:

Dennis Novak - 4 votes

Val McLay - 5 votes

Doug Stark - 2 votes

Councilmember Heimbuch, out of consideration for Councilmember Novak, asked that the Council be allowed to move to seat Councilmember Val McLay as Mayor Pro Tem.

STARK/SHADLE - MOVED TO SEAT VAL MCLAY AS MAYOR PRO TEM.

Councilmember Novak stated that Council started a process and suggested finishing it.

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

Motion carried.

Seating at Council table selection pursuant to Council's Operating Manual. Mayor Pro Tempore selects first and the rest of the Council by seniority.

Mayor Pro Tempore McLay chose to remain seated at the far right side due to being in a wheel chair and asked to be allowed, once he is out of the wheel chair, to make a different seat choice at that time.

There were no objections.

Councilmember Stark chose the seat to the Mayor's immediate right.

Councilmembers Novak (to the right of Councilmember Stark's new seat), Wythe (to the right of Councilmember Novak) and Heimbuch(to the right of Councilmember and Mayor Pro Tempore McLay) chose to remain seated as they are currently seated.

Councilmember Shadle took the remaining seat, to the Mayor's immediate left.

COMMENTS OF THE AUDIENCE

Audience may comment on anything

Emmitt W. Trimble, from Anchor Point, encouraged everyone to vote in the Tuesday, October 25th Run off Election for Borough Mayor and emphasized the importance of this election especially to the Southern Kenai Peninsula.

COMMENTS OF THE CITY ATTORNEY

City Attorney is not present

COMMENTS OF THE CITY CLERK

City Clerk Calhoun presented outgoing Councilmember Yourkowski with a scroll of listed names of current City employees and of everyone he served with on the Council, Planning Commission, Mayors and City Managers.

COMMENTS OF THE CITY MANAGER

City Manager Wrede had no comment.

COMMENTS OF THE MAYOR

Mayor Hornaday had no comment.

COMMENTS OF THE CITY COUNCIL

Councilmember Stark thanked Councilmember Yourkowski for his service to the citizens of Homer and echoed Emmitt Trimble's comments and adding that absentee voting is currently being done at the Borough Office, 205 Pioneer Avenue.

At the Mayor's inquiry the City Clerk advised that the polls will be open at City Hall on election day and that the absentee voting is being done at the Borough Annex Building.

Councilmember Shadle thanked all the listening voters, thanked them for this opportunity and that, even if someone did not vote for him, he will work hard for everyone in Homer.

Councilmember McLay thanked the Council, including Michael Yourkowski and Rose Beck for all that they have accomplished this past year, up to this point and that he thinks that they have done an awful lot and a lot of good things. He stated that he is looking forward to another year, with the Council working together, and with a lot of good accomplishments. He encouraged the Council to continue to work togther and expressed confidence that they can accomplish a lot of things.

Councilmembers Heimbuch, Novak and Wythe had no comments.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned by Mayor James C. Hornaday at 7:32 p.m.

The next Regular Meeting is scheduled for Monday October 24, 2005 at 7 p.m. in the Homer City Cowles Council Chambers and 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 24, 2005 at 5:30 p.m. for a Board of Adjustment Hearing.

All meetings scheduled to be held in the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

Cake and punch were served.







_____________________________________

MARY L. CALHOUN, CMC, CITY CLERK



Approved: __________________________