Session 06-22 a Regular Meeting of the Homer City Council was called to order at 7 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 (teleconference), STARK, WYTHE.

STAFF: CITY CLERK CALHOUN

CITY MANAGER WREDE

CHIEF OF POLICE ROBL

CITY PLANNER McKIBBEN

PERSONNEL OFFICER HOBBS

PUBLIC WORKS DIRECTOR MEYER

Council met as a Committee of the Whole from 4:00 to 4:57 p.m. Agenda item was the Regular Meeting Agenda Items.

Council held a Special Meeting from 5:32 to 6:51 p.m. To conduct the City Manager's Performance Evaluation in Executive Session and an Executive Session regarding Town Center Development.

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

AGENDA APPROVAL

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

The agenda was approved by the consensus of the City Council with the following changes.

Under Consent Agenda Changes: Item D. Ordinance 06-56, Of the City Council Authorizing the Transfer of $7,000.00 from Port and Harbor Reserve Funds to the Manley/Desperate Marine Building Demolition Project and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Item H. Resolution 06-137(S), with backup Memorandum 06-157 . Item I. Resolution 06-138(S), with backup Memorandum 06-158. Item K. Memorandum 06-154(C). Add Memorandum 06-161. DELETE Item J. Resolution 06-139, with backup Memorandum 06-159. Under Announcements Presentation Borough Reports Commission Reports Add Mayor's Travel Report as Item B. Public Hearing. Written Testimony on CIP/Legislative Requests.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public comments upon any matter on the agenda EXCEPT Public Hearing on the CIP and Legislative Requests.

Frank Griswold, City resident, spoke about Ordinance 06-51 the Gateway Business District(GBD), that: At previous Council meetings Mayor Hornaday had no right to rule on his own conflict of interest in this matter or in the matter of related Ordinance 06-20(A). This ruling should be made by the Mayor Pro Tempore subject to override by the Council. A full disclosure of the potential Conflicts of Interest must be made. Is this conflict solely based on close personal friendships or is it due to the expectation of financial gains or losses of $300 or more? Does a close personal friendship constitute grounds for disqualification of participation? Does Mayor Hornaday have a continuing business relationship with Jane Pascall, Dr. Marley or other affected property owners now that he has retired from practicing law. Many substantial changes have occurred to this proposed Ordinance since the public hearing. If Ordinance 06-20(A) is now in effect the zoning map depicted in the packet is obsolete. A new public hearing should be held so that all amendments can be addressed by the public. ⁽¹⁾ This rezone creates several spot zones, some by inclusion and others by exclusion. Area between Waddell Street and Cowles Street ⁽²⁾ is left as an isolated island zoned Urban Residential. This is an exclusionary spot zone. Two small lots across from Carriage Court zoned Rural Residential are mysteriously left out. The Alfred Anderson parcel is an inclusionary spot zone as is the main parcel, not really as large depicted since a large part has fallen into Kachemak Bay. Rezone is not in harmony with the Comprehensive Plan, only reference to plan is the goal to minimize traffic congestion. Changing residential zoning to commercial causes traffic congestion. Repeal Ordinance 06-20(A) to minimize traffic congestion. The Gateway Overlay is a thinly disguised attempt to enlarge the CBD, also contrary to the mandate of the Comprehensive Plan. Allowing bars, motels and retail stores next door to two schools and a Boys and Girls Club is asking for trouble. Zoning is supposed to separate conflicting uses not bring them together. Fact that some residential properties may be suitable for commercial uses is not justification for rezoning. Property owner best and highest use may not be in the best interest of the general public. Public health, safety and general welfare should be the primary. Council seats should not be used to hand out sweet heart deals to friends and business associates. Council should follow zoning advice of zoning staff, Planning Commission and City Attorney instead of Anchor Point Real Estate Agents and property owners with vested financial interest. Council should not dictate to its Advisory Commissions the advice Council wishes to hear. This rezone is the proverbial nose under the tent flap and will eventually hop scotch all the way up Bay Crest Hill. There are good public reasons why the Gateway to Homer is not zoned for commercial uses, no public need to amend the current zoning, if it's not broken don't fix it.

DeWaine Tollefsrud represented the views of himself and his wife, Jane Tollefsrud. Glad this Council is showing positive movements to preserve what is good about this town. Thanked the sponsors of the following; Resolution 06-135, Mayor Hornaday requesting the Borough to amend the Code with respect to plat waiver provisions a great first step, Resolution 05-133, opposing DEC's proposal to allow increased pollution through the use of mixing zones in Alaska salmon streams, and Ordinance 06-50(S), Heimbuch and City Attorney amending the City Code regarding underground utilities and is a well thought out and positive ordinance that will benefit all of Homer. He urged the Council to be supportive of the Resolutions and the Ordinance.

W. J. Marley spoke to Ordinance 06-51(S), 06-51 was originally presented to the City Council, then amended 06-51(A) and then substituted 06-51(S) for the Planning Staff to correct some errors. Having been over this a number of times with Ms. McKibben finds it to be, by and large, suitable and satisfactory to the Gateway Business District. One observation, the map on 06-51(S) does not include the two small lots that were included on the map with 06-51(A). City Council may wish to address that one way or another. He thanked the Mayor and Council much.

Bill Smith, citizen, commented about 06-51, a., b., c. or d., and that he has a letter from Mr. Ted Veal, who being ill, according to Mr. Smith, asked Mr. Smith to read it to the Mayor and Council, regarding the rezoning of Bayberry Hollow Subdivision, west of West Hill Road. Letter: As property owners feel that mixing Residential and Gateway on this short street would be detrimental to the Subdivision. Would be open to Residential Office type zone that would mix with residential zoning and not degrade the residential atmosphere. This opens it up to retail space, bars and other uses not congruent to residential neighborhoods. Oppose the Rezone.

Bill Smith for himself: Expressed agreement that the best use of that Subdivision would probably be Residential Office. This may be addressed by the Planning Commission with a Residential Office rezone. Those particular lots not appropriate to be CBD or GBD. He relayed comment from Mr. Kranich that if the Council did not rezone these then these lots would be CBD, therefore, would be playing hop scotch with zoning. The Alfred Anderson Subdivision with inclusion in this rezone is not contiguous and actually as Frank Griswold observes a Spot Zone. It makes more sense to rezone the south side of the highway to join in with the Alfred Anderson Subdivision. Unfortunately the Council felt a need to move with a lot of hast on this. Hope the Council would reconsider this position and look at this more serious. He stated that Sam Matthews advised him that zoning should change slowly because it takes a long time to see the effects, and that over time he has seen the wisdom of that advise. He thanked the Mayor and 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.)

A. Homer City Council unapproved meeting minutes of September 11, 2006 Regular Meeting. City Clerk. Recommend approval.

B. Ordinance 06-53, Of the Homer City Council Amending Homer City Code by Creating a New Title 15, "Special Service Districts", Creating the Ocean Drive Loop Special Service District, a Differential Property Tax Zone to Levy Property Taxes to Fund Special Services Provided in the District, and a Citizen Advisory Council. Bluff Erosion Control, Special Services District, Property Tax to Pay for Maintenance. City Manager. Recommend introduction and first reading, schedule public hearing and second reading for October 9, 2006.

C. Ordinance 06-54, Of the City Council of Homer, Alaska Authorizing the Creation of a New Depreciation Reserve Account and Transfer of $40,000.00 from the General Fund - Fund Balance to General Fund Depreciation Reserve Accounts and Authorizing the City Manager to Execute any and all Appropriate Documents and Actions. Wythe. Fiscal Note: Transferred from 100.100.5990 General Fund - Fund Balance Services $40,000.00, To 156.396.4992 Leased Property Depreciation Reserves $40,000.00, 156.390.4992 Library Depreciation Reserves $5,000.00 and 156.370.4992 Animal Shelter Depreciation Reserves $ 5,000.00.)Recommend introduction and first reading, schedule public hearing and second reading for October 9, 2006.

Placed under Ordinances as Item E.

D. Approved to submit under Agenda Approval. Ordinance 06-56, Of the City Council Authorizing the Transfer of $7,500.00 from General Fund - Fund Balance to the Manley/Desperate Marine Building Demolition Project and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Transfer from Account 100.114.5990 General Fund - Fund Balance $ 7,500.00 to Expenditure Account 156.396.4992 Manley/Desperate Building Demolition $ 7,500.00. Recommend introduction and first reading, schedule public hearing and second reading for October 9, 2006.

E. Resolution 06-132, Of the City Council Revising their Operating Manual, 3. Policies of the Homer City Council, Under Policy Directives, City Council Agenda Guidelines Regarding Agenda Format for Advisory Bodies and Section 6. City Council Agenda and Meeting Conduct Guidelines, Regarding the Use of the Consent Agenda and the Commission/Board Agenda Guidelines. City Clerk, Requested by Council. Recommend adoption.

F. Resolution 06-133, Of the City Council Finding the Need to Create the Ocean Drive Loop, Peterson Addition Sewer Local Improvement District and Setting a Public Hearing for Monday, November 20, 2006. City Clerk. Fiscal Note: Funded by the Homer Accelerated Water and Sewer Program: Water and Sewer Total project cost estimated is $237,359.57. 75% = $178,019.68 Equal shares per parcel (16) = $11,126.23.Recommend adoption.

G. Resolution 06-136, Of the City Council of Homer, Alaska Awarding two Contracts for Professional Engineering Services for Water/Sewer Design to the Firms of Bristol Environmental and Engineering Services Corp. (BEESC) of Anchorage, Alaska and Nelson and Associates (Nelson) of Kenai, Alaska and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk. Fiscal Note: Acct. 215-831, initial. Each project will have its own associated cost for engineering/design. Recommend adoption.

Memorandum 06-156, from Public Works as backup

H. Substituted under Agenda Approval. Resolution 06-137(S), Of the City Council of Homer, Alaska Awarding the Contract for the Manley/Desperate Marine Building Demolition Project to the Firm of Moore and Moore Services of Homer, Alaska in the Amount of $38,222.70 and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk. Fiscal Note: Acct. 156-396 also see Ordinance 06-56.. Recommend adoption.

Memorandum 06-157, from Public Works as backup.

I. Substituted under Agenda Approval. Resolution 06-138(S), Of the City Council of Homer, Alaska Awarding the Contract for Snow Removal and Sanding Services to Bridge Creek Construction of Homer, Alaska in the Amount of $405.00 Total Trip Bid and Pursuant to the Bid Scheduled Submitted and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk. Fiscal Note: Pro rated each department, budgeted: Fire 100.150.5210, Police 100.160.5244, City Hall 100.140.5210, Library 100.145.5244 and Pratt Museum 100.000.1158.Recommend

Memorandum 06-158, from Public Works as backup.

J. Deleted Under Agenda Approval. Resolution 06-139, Of the City Council of Homer, Alaska Awarding the Contract for the Kachemak Drive Phase One Water and Sewer Project to the Firm of ____________________________ of ___________, Alaska in the Amount of $__________ and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk. Recommend adoption.

Memorandum 06-159, from Public Works as backup.

DELETED

K. Correction submitted under Agenda Approval. Memorandum 06-154(C), from City Clerk, Re: Travel Authorization for Elected and other City Officials for the 56th Annual AML Local Government Conference Week, November 11 - 17, 2006 to be held in Juneau, Alaska. Fiscal Note: Budgeted in each department's budget for travel, subsistence and training. Recommend authorization.

L. Memorandum 06-155, from City Clerk, Re: Vacation of a 50 Foot Radius Half cul-de-sac Temporary Turn Around, Granted within Lot 6 Bluff Park No 4. (HM 85-120); Carried Forward within Lot 9, Bluff Park No. 4 Harmon-Porter Addition (Plat HM 97-5), within Section 19, Township 6 South, Range 13 West, Seward Meridian, Homer, Alaska. Paul R. and Betty Jo Porter of Beaver, Utah. Recommend non veto.

M. Added under Agenda Approval. Memorandum 06-161, from Deputy City Clerk, Re: Substitution of Canvass Board Member for October 3, 2006, General Election. Recommend confirmation.

Councilmember Wythe requested that Item C. Ordinance 06-54 be placed under Ordinances as Item E.

HEIMBUCH/WYTHE - MOVED TO APPROVE.

VOTE: YES: (Excluding Items C. and J.) NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

None scheduled.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. Mayoral Recognition and Special Presentation to Patti J. Morris, 30 years of Service to the City of Homer. After the presentation Mrs. Morris gave a very brief speech. She was presented with a dozens of roses and all celebrated her retirement with her by sharing some chocolate cake.

WHEREAS, Patti J. Morris was hired and began her career with the City of Homer as a Police Dispatcher on September 8, 1976, and now retires from her career with the City of Homer at the Homer Police Department, thirty years later, September 29, 2006; and

WHEREAS, Patti's career with the City of Homer has included mostly leadership roles in City Administration:

Homer Police Department Dispatcher 1976

Lead Dispatcher and Chief of Police Administrative Assistant with

a few extra tasks, off and on, jailer, counselor, consoler and mentor

Applied for and was hired as City Clerk in 1986 and moved to City Hall

Appointed as Interim City Manager, by the Mayor and Council early1990

Promoted from City Clerk to Assistant to the City Manager, September 1990

Appointed Acting City Manager1990 and 1991

Appointed Interim City Manager by Mayor and Council 1992

Appointed Acting City Manager 1993 and 1994

Appointed Interim City Manager 1995

Hired as City Manager 1994 - 1998

1998 Homer Police Department Dispatcher and shortly promoted to Dispatcher III; and

WHEREAS, Patti also served the City as Personnel Officer/Administrative Assistant, Capital Improvement Planner and Economic Development advisor, and routinely lobbied the legislature on the City's behalf; and

WHEREAS, In 1998 she transferred back to the Police Department, seems appropriate that she would finish her auspicious career at the HPD; and

WHEREAS, Patti has received numerous commendations for outstanding service, certificates, letters of appreciation, the International Designation of Certified Municipal Clerk, on one of her City Manager Contract Renewals the Council Chambers were filled with members of the public requesting the Mayor and Council to renew her Contract as City Manager, on many occasions Patti has gone far above and beyond her duties and responsibilities; and

WHEREAS, In 1990 when Council appointed Patti as the Interim City Manager her colleagues and friends at City Hall greeted her with dozens of large red roses, applause, congratulatory cards, snap shots, accolades, treats and much excitement; and

WHEREAS, Patti has the distinction of being the Second City employee to reach 30 years; and

WHEREAS, Patti is known throughout the State of Alaska for her success and endeavors.

WHEREAS, No other employee in the City has ever held as many leadership roles in Homer's Local Government; and

WHEREAS, Patti was integral in the culmination of may City projects and programs: One of the first that she lobbied heartily for the Homer Airport Terminal, which came to fruition after Swackhammer was appointed as City Manager.

NOW, THEREFORE, I, James C. Hornaday, Mayor of the City of Homer, with great pleasure on behalf of the City and Citizens of Homer, do hereby recognize Patti J. Morris for thirty years of dedicated work as a multi talented leader in multiple roles for the City of Homer and in service to its citizens. PATTI, you will be missed!

Mayor Hornaday called for a recess at 7:25 p.m. reconvening the meeting at 7:35 p.m.

B . Mayor's Travel Report

PUBLIC HEARING(S)

A. City of Homer 2007-2012 Capital Improvement Project Priorities and FY 2008 Legislative Requests. Includes drafted Resolutions.

Mayor Hornaday briefly commented on the CIP and Legislative Requests, process, use of and reasons for the priorities.

Charlie Franz, lives in the City, comes as a member of the Kachemak Bay Campus Advisory Board asking for support of the $2.5 million capital project to acquire and renovate City Hall. There are many worthy projects. It's not an easy task to decide which should be funded. He asked the Council to think of the expansion of the college as an investment in the community, in the future. To provide the skills, the training, the education that members of the community need to be committed citizens, to be involved in what is going on and to be productive, to help growth and develop in the ways the community wants to. Consolidation of the campus has been a long term goal of the college, it will enhance the role that the college plays in the economic development, education, and the cultural development of the community. He thanked the Mayor and Council.

Fred Lau, on behalf of Homer Senior Citizens, spoke on the proposed project for a Nine Unit Senior Independent Housing Facility, that this project is in the Draft CIP and that they would like it to stay in the CIP document and be a part of the priorities for 2008. It is an important project in the community, will assist in keeping citizens in the community. Right now there is a waiting list of 45. Over 70 people live in the housing units near the Center. Updated information was provided for your packet for today. Spoke in support of the Senior Access Trail that would provide a safety pathway for Seniors from the Senior Citizen area. When the Pioneer Vistas Eight Unit building was built, the land had to be replatted to make a separate piece of property. They were required to give up a portion of that right-of-way along Herndon in order to get the replat, with the reasoning that eventually it would be turned into some kind of a pathway. He encouraged Council to move this project along.

Jeanie Fabich, resident and on the Board of the Kachemak Bay Equestrian Association (KBEA), spoke in favor of the Cotton Wood Horse Park and expressed appreciation for all of the support that the Mayor and Council have given their project so far. They would like to be included on the CIP list. The association requests capital acquisition funds for the purchase and development of the proposed park, located 1.5 miles East End Road, near the Jack Gist Recreational Park. Primary use would be an area for safe, instructional riding practices and other horse and livestock events. It is on the warm Homer bench and will provide interested horse owners a place to work and train their horses much earlier and later in the seasons and will open existing trails to a broader array of users. Physical and mental health workers have expressed interest in using this facility for therapeutic riding. She listed several potential user groups and listed various uses and associated uses. She noted the community support including private donations, exceeding 20% of the project cost, expected to exceed 30% within the next year. Public, private, state and federal funding is expected. KBEA is currently operating under a lease with an option to purchase. Total project cost is approximately $237,000.00. She expressed hope of Council's support in making this a permanent equine and multi use facility.

Valerie Connor, City resident, expressed support for the Senior Access Trail, elaborated on the need for the trail including safety issues, and that it is a great project to consider at the top of the trails list as the Planning and Parks and Recreation Commissions have. An addition to the Library is premature, many future plans and this project needs to wait. Many worthy projects to consider. Concern regarding Deep Water Dock expansion, would be a good thing in a lot of ways, lower consumer prices, concerned about limited access of trucks. There are so many trucks on the road and this could be a public safety issue. Is it really compatible with the thriving tourist industry on the Spit? She thanked the Mayor and Council for their time.

Roberta Highland, City resident and KBEA Boardmember, lent support to Jeanie Fabich's comments. Asked for a show of hands of those in the audience in support of Cotton Wood Horse Park, several hands were raised. Expressed reservations about the Deep Water Dock Expansion, some of which goes back to the Northern Dynasty matter and inquired if the City Council would be willing to invite Scott Brennen, Renewable Resource Development, to give his presentation for fuller more balanced information. One of the concerns is the Pebble Mine Project and Homer supporting some projects that may be doing harm to another area. Commented on the 3 Es Litmus Test - Economy, Ecology and Ethics and encouraged that these be used in ideas for projects. Supports environmentally sound development such as College Expansion with support of the UA Marine Department relocating to Homer from Fairbanks, a good match. She thanked the Mayor and Council.

Rika Mouw thanked the Mayor and Council for the opportunity to talk about the CIP list. In huge support of any of the pedestrian kinds of things like Kachemak Drive rehabilitation and pedestrian pathway, Main Street Construction with sidewalks, Senior Access Trail, and the Spit Trail. Definitely the best way for Homer to be enhanced. College Expansion is fabulous and would enhance Homer enormously, and therefore a New City Hall. Support these with great enthusiasm. Bridge Creek Water Shed Land Acquisition. Concerned about the Deep Water Dock, does not want to see energy put toward this project and this project would be in huge conflict with current uses on the Spit. Homer is not an industrial community, Homer's industry is fishing and tourism. Economically Homer is much better off enhancing current assets and what Homer is known for, rather than doing something not known for. Current population and influx of new residents are not industrial. This would be starting a whole new thing and Homer does not have that foundation. Truck traffic is not an asset for this community and sees it as actually deteriorating tourism and fishing. Homer is a gateway community to national and state parks and things across the Bay. More shipping traffic in Kachemak Bay is a conflict and not an enhancement. The community has not had a dialog as to if this is the direction it wants to go. She thanked the Mayor and Council.

Barb Seaman, non resident and private citizen, noted that the Ohlson Mountain Ski Hill is an amazing amenity, a growing recreation facility with a rope tow and an whole bunch of volunteers. There is a lodge and attendance and attention to detail every weekend. A great opportunity for kids and families. It has a wonderful history, started in the 1920s. Encouraged the Council to leave this small piece on the list. Winter economic engine and all that stuff. Requested that the New City Hall and Town Center Infrastructure projects be merged, one in the same and could be more efficiently built as one project and a better draw for grant funding. She thanked the Mayor and Council for their attention and wished them good luck.

Bill Smith commented on Town Center/Town Square/City Hall, noting that the page on the Town Center Infrastructure does not say Town Square, a big concern for him. In considering how things should go a City Hall and Town Square have driven public imagination for eight something years, being joined makes a lot of sense. Design and build together. Could be a stage construction project. Would have a lot of attraction for state funding and would help drive public imagination in the City more than just a City Hall would. Town Center project has been approved. It is time to focus on a Town Square. This would really attract a lot of business into the Town Center area and make a really nice commercial development. He thanked the Mayor and Council.

Bob Shavelson, City resident, thanked the Mayor and Council for the opportunity to comment tonight. There are a lot of good projects on the CIP list. The Library Expansion stands out as one that should not be included, agreeing with previous comments. There has been a lot of deliberative thought put into that and it is premature. Encouraged support of the Jack Gist Park , a wonderful recreation outlet in the summer with a lot of volunteer support. Current facility is really inadequate. Support College Expansion, cannot do enough for education around here, with the recent renovations has been a plus for the community. Support Ohlson Mountain Rope Tow, a lot of folks use this from 4 year olds to teens. No other place on the peninsula to get that type of opportunity. Facility is really starting to deteriorate. Putting it on the list would help it go another decade or so.

Jane Wiebe expressed support the idea of Mayor and Council supporting the Ohlson Mountain Rope Tow. It is a great thing for family and kids in the winter, needing to get out. A very unique place, don't see local ski hills like this very often. It is very special. Would like to see it keep going. Committed to getting funding. She thanked the Mayor and Council.

Ray Kranich reaffirmed earlier speakers support for the Senior Access Trail and lent his own support. Seniors have a special access needs. Planning Commission supported this low dollar project. Commented on legislative discretionary funds. He thanked the Mayor and Council

Nel Gustafson, resident of Homer, expressed support of trails and the Senior City Center. Squeaky wheel gets the grease, noting that there is a real squeaky wheel up on Ohlson Mountain and grease would be appreciated. She thanked the Mayor and Council.

ORDINANCE(S)

A. Ordinance 06-47(A), Of the Homer City Council Amending Homer City Code Section 17.04.040, Necessity of Improvement--Improvement Plan, Addressing Lot Line Vacation in Equal Share per Parcel Local Improvement Districts. Shadle. (First Reading August 28, 2006, Public Hearing for September 11, 2006, Second Reading for September 25, 2006.)

HEIMBUCH/SHADLE - MOVED TO ADOPT.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Ordinance 06-50, Of the Homer City Council Amending Homer City Code Section 22.10.055, "Underground Utilities". Heimbuch. (First Reading Postponed on August 28, to September 25, 2006 for the submittal of a Substitute, Public Hearing for October 9, 2006, Second Reading for October 23, 2006.)

B.1. Ordinance 06-50(S), Of the City Council of Homer, Alaska Amending Homer City Code Section 22.10.055, Underground Utilities, and Adding a New Chapter 14.50, Utility Distribution Facilities; Relating to Placement of Utility Distribution Lines. Heimbuch. City Attorney. Follows same proposed schedule. Page 257

MAIN MOTION IS ON THE FLOOR AS POSTPONED ON AUGUST 28, 2006:STARK/NOVAK - I MOVE TO APPROVE ORDINANCE 06-50 BY READING OF TITLE.

There was no discussion.

HEIMBUCH/NOVAK - MOVED TO AMEND ADOPT ORDINANCE 06-50(S).

There was no discussion.

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

Motion carried.

There was no discussion.

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

Motion carried.

Mayor Hornaday stated that he would have to pass the gavel to the Mayor Pro Tempore McLay and left the table at 8:04 p.m. Mayor Pro Tempore McLay called for a recess at 8:04 p.m., reconvening the meeting at 8:15.42 p.m.

C. Ordinance 06-51(A), Of the City Council of the City of Homer, Alaska Amending Homer City Code Title 21 (Zoning) to Create a new Gateway Business District known as Chapter 21.55 and Amending the Zoning Map to Rezone Portions of Rural Residential (RR) and Portions of Urban Residential (UR) Zoning Districts Fronting on the Sterling Highway West Hill Area to the South West Boundary of the Central Business District (CBD). City Manager. Planning. (First Reading August 28, 2006, Public Hearing September 11, 2006, Second Reading September 25, 2006.)

C.1. Ordinance 06-51(S), same title Follows same schedule as Ordinance 06-51(S), Council has taken no action on the substitute. (Substitute submitted for public review prior to the public hearing and submitted for Public Hearing on September 11, 2006.)

WYTHE/NOVAK - I WOULD MOVE FOR ACCEPTANCE OF ORDINANCE 06-51(A).

There was no discussion.

McLAY/NOVAK - NOW I MOVE TO AMEND TO THE SUBSTITUTE ORDINANCE 06-51(S).

Brief clarification regarding the amendment, that it is appropriate.

McLAY/HEIMBUCH - I AM GOING TO MOVE TO AMEND ORDINANCE 06-51(S) TO ADD THE LILLIAN WALLI ESTATE LOTS 1 AND 2 TO THE MAP. (Lillian Wally Estate - Bay Berry Hollow Addition Lots 1 and 2)

There was no discussion.

VOTE:(secondary amendment 1.) NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

McLAY/HEIMBUCH - I'M GOING TO MOVE TO AMEND TO DELETE THREE PARCELS

CLASSIFIED BY THE KENAI PENINSULA BOROUGH TAX ID NUMBERS 175-101-02, 175-100-70 and 175-101-03 FROM THE MAP. (Alfred Anderson Tracts and Tract 2 Homer School)

Reason: Right now there are three lots have become portions of the Central Business District because of the expansion that took effect September 15th. These lots are served better in the Central Business District (CBD) than in the GBD, with the rules that go with that. Property owners were in favor and this makes clarity for the use of these properties.

VOTE:(secondary amendment 2) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

City Planner McKibben responded to Council inquiry that she would have to get her Zoning Code to look at the definitions, but that generally 8,000 square feet does include the warehousing space. Cited the example of the Safeway Store that includes the back stock rooms where the inventory is stored.

HEIMBUCH/WYTHE - IN LIGHT OF THAT I AM GOING TO MOVE AN AMENDMENT FOR LINE 133 WHERE IT SAYS,"IN BUILDINGS WITH MORE THAN 8,000 SQUARE FEET OF BUILDING AREA RETAIL BUSINESS USE "NOT INCLUDING THE AREA FOR STOCKING AND WAREHOUSING", WOULD BE THE ADDITION, IS LIMITED TO NOR MORE THAN 8,000 SQUARE FEET.

Intent is to specifically to include those areas not open and commonly available to the public from this retail space, to not have that included in the description.

VOTE: (secondary amendment 3. YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Question about allowing single family, duplex and multiple family dwellings in this area. In the downtown business district that is a hodge podge of retail and residential, which makes it hard to do a lot of things. Some reservations, expressed, about allowing the same kind of things to develop in the GBD.

WYTHE/SHADLE - I WOULD LIKE TO MAKE AN AMENDMENT TO LINE 125 REGARDING BUILDING HEIGHTS THAT WOULD ADDRESS THE MAXIMUM BUILDING HEIGHT SHALL BE THIRTY-FIVE FEET. I WOULD LIKE IT TO READ "THE MAXIMUM BUILDING HEIGHT SHALL NOT EXCEED THIRTY-FIVE FEET WITHOUT VERIFICATION OF PROPER INTERNAL FIRE SUPPRESSION."

Concern is that even in the Town Center Area, 35 feet is a limitation established by fire fighting equipment. There are provisions that would help facilitate eliminating that concern. There are buildings all over the world that exceed the height of a ladder truck and seem to function just fine with acceptable internal fire fighting equipment.

City Planner McKibben relayed from the Fire Chief that if a higher than 35 foot height limitation that they will not be able to provide fire protection to those buildings. Tallest ground ladder is only 35 feet. Will be instantly required by ISO to have a ladder company, an outlay of the City of over $600,000.00. Contact the Fire Chief if there are any more questions regarding this 35 foot height.

Mayor Pro Tempore McLay clarified the amendment. He relayed a concern and question from a member of the public about having personal fire fighting equipment and what would be allowed. This comes down to meeting the fire fighting equipment requirements.

There are buildings in this community today that exceed the 35 foot height such as Homer High School.

City Planner McKibben responded that these are considered non conforming and not in violation due to meeting the code that existed when constructed.

For the CBD a higher than 35 foot for a building height could well be reasonable but not for the GBD.

City Planner McKibben responded to inquiry that she does not have her Code Book in front of her, but that the height is calculated from the Fire Department accessible grade. If building on a slope and the driveway is on the uphill side that 35 feet is calculated from the up hillside and visa versa. Not sure how to answer the question regarding adding more fill to make the building higher, but would think that it depends on where the Fire Department accessible area is, so if the fill is sufficient to provide for that.... (no further comment)

VOTE: (secondary amendment 4.) YES: SHADLE, STARK, WYTHE.

NO: NOVAK, HEIMBUCH, McLAY.

Motion failed.

Noted that this is a very high young person traffic area with those schools right there, some real reservations about allowing drinking establishments.

HEIMBUCH/WYTHE - I WOULD MOVE TO DELETE LINE 65. DRINKING ESTABLISHMENTS FROM THIS ORDINANCE.

Clarification: Not to eliminate restaurants and clubs, just drinking establishments. That the Council would deny or move against, in resolution, application for drinking license in that area. Discussion regarding beer and wine licenses and/or bar licenses. Restaurants without a beer and wine license are in an economic imposition that would cause restaurants to not stay in business.

City Manager Wrede, not knowing if there is a definition in the Code, expressed his assumption that drinking establishment means bar.

Discussion ensued. There is desire to promote business in this area. Pro and con on if this is too stringent to delete at this time. There is tremendous alcohol abuse in the Homer area. This is not needed for the sake of business development.

Line 65 reads: c. restaurants, clubs and drinking establishments; to delete drinking establishments as a permitted use.

VOTE: (secondary amendment 5.) YES: WYTHE, STARK, NOVAK, HEIMBUCH, McLAY.

NO: SHADLE.

Motion carried.

There was no further discussion.

VOTE: (primary amendment 1., the substitute as amended) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

There was no further discussion.

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

Motion carried.

Mayor Pro Tempore McLay passed the gave back to Mayor Hornaday, who returned to the table, at 8:36 p.m.

D. Ordinance 06-55, Of the City Council of Homer, Alaska Establishing a New PERS Fund in which to Deposit and Retain Funds that have been Budgeted and Appropriated by the Council for Annual PERS Payment Increases that are Ultimately not needed due to State Reimbursement or other State Appropriations Intended to Assist Municipalities with Annual PERS Payments and the Unfunded Liability. Wythe. Heimbuch. (First Reading September 25, 2006, Public Hearing and Second Reading October 9, 2006.)

WYTHE/HEIMBUCH - SO MOVED TO ADOPT ORDINANCE 06-55 FOR INTRODUCTION AND FIRST READING BY READING OF TITLE ONLY.

Over the course of the past three years there has been opportunity to budget $250,000.00 for PERS that has either been replaced by the state or forgiven or something. If this goes along for very long the City could continue to use that money on other sources. Need to establish an account to this purpose. Eventually the day will come when the City is going to be tapped for those funds. This would assist in paying down the PERS debt or to use to supplement when the City income falls short of meeting its PERS debt, that could potentially happen in the future. This is a matter of setting aside any money from the state to this effect. This should not be looked at as general money to expend. One of the highest priorities of AML, for the next legislature, will be to get the state to assume the major costs of PERS including the unfunded liability. This is an excellent Ordinance.

Personnel Officer Hobbs advised that the unfunded liability is in the nature of $9 million to $12 million.

Mayor Hornaday noted that out of the next budget the City will have to pay an additional $700,000.00 to what the City is now paying to PERS. When tied into the state's budget, which is mid year, the City is paying over $900,000.00, over last year.

Councilmember Wythe pointed out that the sales tax increase was to generate $1.25 million to help pay for the library loan and pay the PERS up to $1 million.

City Manager Wrede stated that there is one way to make sure that the money is spent for this purpose, to just decide every year to budget for the annual payment and if the legislature gives any money at all that go to the PERS unfunded liability. This would eliminate a couple of steps.

Councilmember Wythe noted that the intent of this Ordinance is to actually establish an accounting fund where if the money does not have to be paid to the state it will be placed in an account specifically allocated for PERS reserves and if any money is allocated to the City for this purpose that it will go into that fund.

City Manager Wrede stated as long as this is automatic and no debate.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

E. Consent Agenda Item C. Ordinance 06-54, Of the City Council of Homer, Alaska Authorizing the Creation of a New Depreciation Reserve Account and Transfer of $40,000.00 from the General Fund - Fund Balance to General Fund Depreciation Reserve Accounts and Authorizing the City Manager to Execute any and all Appropriate Documents and Actions.Wythe. Fiscal Note: Transferred from 100.100.5990 General Fund - Fund Balance Services $40,000.00, To 156.396.4992 Leased Property Depreciation Reserves $40,000.00, 156.390.4992 Library Depreciation Reserves $5,000.00 and 156.370.4992 Animal Shelter Depreciation Reserves $ 5,000.00.) Recommend introduction and first reading, schedule public hearing and second reading for October 9, 2006.

WYTHE/HEIMBUCH - I WOULD MOVE FOR THE ACCEPTANCE OF ORDINANCE 06-54 FOR FIRST READING.

Pulled from the Consent Agenda to make amendment to content and title.

WYTHE/HEIMBUCH - IN THE TITLE, I WOULD MOVE TO STRIKE "CREATION OF A NEW DEPRECIATION RESERVE ACCOUNT AND".

There was no discussion.

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

Motion carried.

There was no discussion.

WYTHE/NOVAK - I WOULD FURTHER MOVE TO STRIKE THE THIRD WHEREAS CLAUSE. [WHEREAS, FINANCE RECOMMENDS, THROUGH THE CITY MANAGER, THE CREATION OF AN ADDITIONAL DEPRECIATION RESERVE ACCOUNT FOR THE ANIMAL SHELTER.]

There was no discussion.

VOTE: (primary amendment 2.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

There was no discussion.

WYTHE/NOVAK - AND I WOULD LIKE TO ADD A THIRD WHEREAS WHICH WOULD SAY, "WHEREAS, FUNDS WERE AVAILABLE AT THE END OF FISCAL YEAR 2005, BUT WERE NOT RETURNED TO THESE DEPRECIATION FUNDS."

There was no discussion.

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

Motion carried.

There was no discussion.

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

Motion carried.

CITY MANAGER'S REPORT

A. City Manager's Report (Updates/Follow-Up: 1. Budget Notes: The budget preparation process is well underway. In the process of comparing all of the department requests with established priorities, urgent needs, and what is believed affordable. In the process of eliminating some requests and reducing the budget so that it is balanced. This will involve more consultation with Department Heads. Departments have been very frugal and responsible in their requests. There are some requests for new personnel that are truly justified, yet do not fit into a balanced budget. Information pending to the Mayor and Council. 1.a. There was a miscommunication within the Finance Department, the numbers reviewed were only for the portion of the sales tax applied to the General Fund (3%). The numbers did not include the 1.5% attributable to HARP and HAWSP, actually almost $500,000.00 ahead of where sales tax revenues were last year. 1 b. PERS Payment: PERS Board has issued new requirements for State fiscal year 2007. Beginning on July 1, 2007, the City will be expected to pay about 36% of total payroll. Planned for 5% increases a year, with increases would be done at 22%. The 5% rule has been eliminated and the new actuary calls for a higher percentage. This increase means that the City will have to pay $791,953 more than it expects to pay in 2006. 2. Library: Grand opening was a smashing success. The turnstile counted over 1,600 visitors on Saturday. On Monday over 800 library users signed in. The average daily count in the old library was around 300. Administration focusing more on getting the old building prepared for sale. The first step is obtaining a new appraisal since the old one is several years old. Cleaning is needed and disposal of all old, surplus equipment and furniture. 3. The Borough would like to make sure everyone understands that State law requires it to assess property at full and true. History - the Borough did in fact contact the City both times with regarding to plat waiver on Country Club, first time, the City wrote a letter back and said that it had no comment because it did not have any jurisdiction. The second time, the City did not respond at all.4. Status of Council Directives: Economic Development Commission has reviewed the second fishing hole proposal, concluded feedback needed about the highest and best use of Mariner Park, requested input from other Commissions, and is awaiting responses. The Planning Commission is working on the Gateway Overlay District Ordinance. The Credit Card agreement has been amended to the satisfaction of all Department Heads and cards are being distributed. The Planning Department is rearranging some of its work priorities and making room for quick action on the steep slope ordinance, the department to draft the ordinance and present it to the Commission. $10,000 in an existing grant for engineering consulting services. 5. Weeds - Homer area concern. Staff involved with efforts to address. Attached to report: Governor Murkowsi letter to Mayor on PERS, Letter to Mayor on USDOC/EDA Congratulations on new Library, APA Conference, From Finance Director PERS Comparison and Analysis of Sales Tax, and Property/Home value vs. appraised value and associated information on Regional Statistics.)

B. Bid Report. (RFP - Comprehensive Plan Update. Proposals for professional planning and/or engineering services for an update to the City of Homer Comprehensive Plan, three were received on September 15, 2006. Scheduled for award on October 9, 2006, 2. Bid - Snow Removal and Sanding Services 2006/07, 2007/08, 2008/09 . Bids Open September 20 at 2 p.m. See Consent Agenda Item J. Resolution 06-138 with Memorandum 06-158, from Public Works as backup. Substitute with Memo to be submitted by meeting time. 3. Bid - Manley/Desperate Marine Building Demolition Project. Sealed bids for the construction of Manley/Desperate Marine Building Demolition Project. Bids open September 21 at 1 p.m. See Consent Agenda Item K. Resolution 06-139 with Memorandum 06-159, from Public Works as backup. Substitute with Memo to be submitted by meeting time. Bid Awards are pending for Kachemak Drive Phase I Water and Sewer Improvements.)

C. Public Input on Question of the Week.

City Manager Wrede commented mostly about the Library Grand Opening and thanked the Mayor and Council for their attendance and all who attended and apologized for the error regarding the sales tax compilation.

After brief comment, Councilmember Wythe asked for the comparison of general fund sales tax to general fund sales tax , the 3% to 4.5% for the next Council meeting. Mayor called for consensus or objection of the Council. There were no objections and the Mayor announced consensus.

COMMITTEE REPORT

A. Public Arts Committee

B. Transportation Advisory Committee (Meeting of September 19, 2006, canceled)

No comments.

PENDING BUSINESS

NEW BUSINESS

RESOLUTIONS

A. Resolution 06-134, Of the Homer City Council Approving the Recommendations of the City of Homer 2005 Salary and Benefit Survey and Authorizing the City Manager to Incorporate the Recommendations into the 2007 Budget. City Manager. Fiscal Note: $275,211 increase for salaries and benefits for 2007 budget.

Memorandum 06-160, through City Manager as backup.

Councilmember Wythe expressed conflict of interest, since her husband works for the City.

Mayor Hornaday ruled that she had a conflict and told her that she had to leave the room. There were no objections from the Council.

Councilmember Wythe left the table at 8:51 p.m.

NOVAK/SHADLE - MOVED TO ADOPT RESOLUTION 06-134 BY READING OF TITLE.

The following changes are recommended:

1. Provide a 3% Cost of Living Adjustment (COLA) effective January 1, 2007. Estimated 2007 budget cost, $210,546.

2. Revise the wage schedule to change merit/longevity step increases from every two years to one. Estimated 2007 budget cost, $36,281.

3. Provide a 40 hour sick leave bank for employees. No estimated budget increase for 2007.

4. Provide pro-rated leave and holiday pay for regular part-time employees at date of hire. Estimated 2007 budget cost, $10,584.

5. Increase on-call pay from $2.00 to $3.00 per hour. Estimated 2007 budget cost, $17,800.

There were pro and con comments. Council noted that passing or failing this motion does not preclude the Council for making these amendments or adjustments to the Budget. These are recommendations only. The advantage to passing this now is that the Manager would be presenting a budget to the Council with these items in that budget. Concern was expressed regarding the fiscal impact.

VOTE: YES: STARK, NOVAK, McLAY.

NO: SHADLE, HEIMBUCH.

Motion failed.

Councilmember Wythe returned to the table at 9:02 p.m.

B. Resolution 06-135, Of the City Council of Homer, Alaska Requesting that the Kenai Peninsula Borough Assembly Amend the Borough Code with Respect to Plat Waiver Provisions. Mayor.

HEIMBUCH/STARK - MOVED TO ADOPT.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

COMMENTS OF THE AUDIENCE

Audience comments upon any matter.

Jeannie Manson, lived in the Homer area for 16 years, expressed concerns about a development which is bordering her neighbor and her property. The construction of a road, which is called a driveway, could possibly negatively affect the water run off that flows along the edge of her property and potential consequences could damage her current cistern and proposed well. Applauded City of Homer's new Resolution and Ordinance regarding Steep Slope Development. Hoped the challenges associated with her situation would be considered so that during the development of new Resolutions, Ordinance and that it would address the diverse scope of community needs. A particular component is that her property borders Kachemak City and City of Homer. Neighbor and property are located in Nordby Subdivision of Kachemak City. Road/driveway is both in Kachemak City and City of Homer. Limited dealings with the political circles of Kachemak City. Asking the City of Homer to look into the situation and work together to assure that everything is being done with respect to the fragile terrain and in an manner that follows the good neighbor policy. On the surface this proposed development and. John Fowler and Kenton Bloom appear to be very responsible in the manner in which they are proceeding. They may be wolves in sheep's clothing. Told they are trying to protect the land, but she has a hard time accepting that when looking at a huge mound of dirt in her backyard. Claim they will replant and reseed to hold the soil. Regrowth is not a sure thing. Respectfully ask for the Mayor's and Council's help, please investigate this situation before more potential damage is done. Please make sure that the developers are indeed following their proposals and that they are not saying one thing and doing another. Requested that both cities work together for consistency in regulations requiring development to be developed. In response to the Mayor she replied that her property is located on Bench Circle off of Bear Creek.

Councilmember Stark interjected that he is familiar and believes that a problem exists. Hoped City, City Planner and Borough Planning will look at this.

Frank Griswold, City resident, commented that many folks in the radio audience may be under the impression that Council went into an illegal Executive Session after introducing the gateway ordinance. In order to avoid an appearance of impropriety it might be a good idea to explain the purpose for that impromptu break and what was discussed off the record, if anything. Obviously Council did not take the break to research the Conflict of Interest Code, if Council had it would have found that HCC 1.12.040, which states in relevant part, "the Mayor Pro Tem or other presiding Officer shall rule in a request by the Mayor to be excused in a matter because of a Conflict of Interest." Expressed amazement that this body would rezone significant portions of Homer without ever identifying any public need. Why not just rezone the whole City CBD or mixed use and be done with it? Sincerely hope the upcoming election brings some City Councilmembers who will honor their Oath of Office and follow City zoning law and other laws. He thanked the Mayor and Council.

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 advised the Council that he and the Mayor of Kachemak City have been talking about the driveway issue, Bench Circle, that was commented on under Audience Comments, and that they are both concerned and have been discussing ways to deal with this issue both the construction of the road and how it is going to be maintained. He commented on the Deep Water Dock and public hearing comments, and clarified that part of the money that the City has already received is from the Federal Government, $2 million, of which much will be used for engineering and a feasibility study. A large part of the feasibility study is community meetings, economic analysis, of whether or not the dock makes sense from financial and community point of views. He stated that he looks forward to this discussion and that it will fit in with the Comprehensive Plan discussion as well, the two being linked. He addressed Mr. Griswold's comments: That the people here, in the meeting, were discussing, during the recess, around the table and no one left the room. Emphasized that it was not a secret meeting. It was for clarification regarding the several different maps for the gateway business district with two or three different substitutes ⁽³⁾ and to do a good job of explaining the maps to the people.

COMMENTS OF THE MAYOR

Mayor Hornaday had no comment.

COMMENTS OF THE CITY COUNCIL

Councilmembers Heimbuch and Wythe had no comment.

Mayor Pro Tempore McLay commented about the Deep Water Dock, much of the discussion heard tonight, one individual commenting that freight is not wanted here. He stated the following: Freight is something Homer had for many years, the dock was built for that purpose.

Increased truck traffic concern - if a freight terminal were created here it would not create any more truck traffic than when shipping logs out of here on a regular basis.

A lot of income has been lost off of the end of the Spit, trying to entice it back.

Pebble Mine concept is not working toward the Deep Water Dock expansion at all, not the reason for moving forward with the Deep Water Dock Expansion. If the Pebble Mine happens and they utilize Homer facilities, that's one thing and that is fine.

He expressed his being, very much, in favor of building the walk way, pathway from the Senior Center to Pioneer Avenue and that they are going to try to see to it to make this happen, it needs to be a high priority in that there is a great need and it will serve a great purpose.

Councilmember Shadle encouraged everyone to get out and vote in this election.

Councilmember Stark reported that the Coast Guard Auxiliary sent him to mid level management training in Anchorage last weekend, that he intends to ask that approval of the joint library addition be contingent upon a follow on feasibility/desirability study jointly by the City and the University and that as he stated at the time to put the differential sales tax on the ballot he will vote against it. Regarding the differential sales tax he stated that his biggest concern is the effect, if the no vote on the Borough's proposition 2. prevails, that an 8.5% sales tax next summer will have an adverse effect on Homer businesses. He expressed his fear that economic activity will be reduced and, while, possibly the City will benefit businesses will suffer far more than when Fred Meyer comes in.

Councilmember Novak encouraged people to get out and vote on Tuesday, October 3rd. He noted that there are some important ballot issues that he would like to remind all about: 1. Community Schools - voting to continue City support, 2. Question on seasonal sales tax, which might be effected by the Borough sales tax, the seasonal tax would be 1% up in the summer and 1% down in the winter. 3. HARP (Homer Accelerated Roads Program ) Fund for road construction .75% of tax dollar. a) allow use of money for new road construction as directed by the City Council and b) use for trail construction such as for the Senior Center or Town Center. He expressed appreciation for people getting out there Tuesday.

ADJOURNMENT

There being no further business to come before the Council, Mayor Hornaday adjourned the meeting at 9:14.35 p.m. The next Regular Meeting is scheduled for Monday, October 9, 2006 at 7 p.m. and the Next Committee of the Whole is scheduled for Monday, October 9, 2006 at 4 p.m. All meetings scheduled to be held in the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

MARY L. CALHOUN, CMC, CITY CLERK

1. All changes in the Ordinances, up to this point, were provided for the public hearing held on September 11, 2006.

2. Renamed Hidden Way via Resolution 05-08(A) on February 28, 2005.

3. There were two maps. Ordinance 06-51(A) map and Ordinance 06-51(S) map.