Session 05-25, a Regular Meeting of the Homer City Council was called to order at 7:20 p.m. by Mayor Pro Tempore Michael Yourkowski at the Homer City Hall Council Chambers located at 491 E Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

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

STAFF: CITY CLERK CALHOUN

CITY MANAGER WREDE

CITY ATTORNEYS TANS

ABSENT: MAYOR: Hornaday (excused)

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

The Council met as a Committee of the Whole at 4 p.m.

The Council conducted a Special Meeting at 5:30 p.m. for a Board of Adjustment Appeal Hearing and continued deliberations on the Board of Adjustment Decision, Re: Frank Griswold an appealto the Board of Adjustment Regarding Conditional Use Permit 05-10 - For a Reduction in the Setback From a Dedicated Right of Way as Permitted By HCC 21.48.040(B)(4) at 445 Grubstake Avenue, Lot 2 Block 11, Glacier View Subdivision and conducted an Executive Session Pursuant to AS ยง44.62.310(c)(1), Matters, the Immediate Knowledge of which would Clearly have an Adverse Effect upon the Finances of the Government Unit and Attorney Client Privilege. (Hurlen Mediation Strategy and Ocean Drive Loop Bluff Erosion Control Project (Seawall Project) Proposed Mediation.)

AGENDA APPROVAL

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

NOVAK/McLAY- MOVED TO APPROVE THE AGENDA AS REVISED. (Changes are as follows and were read by the Mayor Pro Tempore.)

Consent Agenda

1. Councilmember Heimbuch requests deletion from the Agenda, his Resolution, Consent Agenda Item H. Resolution 05-90, Of the Homer City Council Respectfully Asking the Kenai Peninsula Borough Assembly to Direct the Borough Planning/Platting Authority to Fully Comply with the Land Subdivision Recommendations of the Homer Planning Commission.

2. City Manager Wrede requests that Resolution 05-91 be removed from the Consent Agenda and Placed under Resolutions. Resolution 05-91, Of the City Council of the City of Homer, Alaska Requesting that the City Manager begin the Process of Restructuring the Planning Department by Hiring a Planning Director.





3. For Item I. Substitute Resolution 05-94(S) Of the City Council of Homer, Alaska Awarding the Contract for the Replacement of Homer Hill Top and Mid Hill Pressure Reduction Valve (PRV) Stations to the Firm of Twin Peaks Construction, Inc. of Anchor Point, Alaska in an Amount not to Exceed $654,069.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk Fiscal Note: Budgeted in Acct. 215-814. See Memorandum 05-152 from Public Works.Recommend adoption.

Memorandum 05-152, from Public Works as backup.

Public Hearing

1. Ordinance 05-44, corrected reference sheet.

Ordinances

1. Additional information regarding Item B. Ordinance 05-52, Emergency Ordinance of the City Council of Homer, Alaska, Appropriating $5,000.00 from the General Fund - Fund Balance to sent to New Orleans for Disaster Aid to the Victims of the Katrina Hurricane Disaster and that the City Manager is Authorized to forward this Money in the Most Expeditious Way Possible.

Additional Information is about Homer, Louisiana. Councilmember Novak has suggested that perhaps the funds, if approved by the Council, could be sent there to assist with the evacuees.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public comments upon matters on the agenda except public hearing items: 2006-2011 Capital Improvement Priorities and 2007 Legislative Requests, Ordinance 05-43, Amending Sewer and Water Appeal Procedures and Establishing an Appeal Fee, Ordinance 05-44, Amending the Sign Code, and Ordinance 05-45, Ratifying the Purchase of Property in the Bridge Creek Watershed Protection District and Designating its use as Public Purpose.

David Scheer voiced support of Resolution 05-91, requesting a Planning Director and that this would well serve the public. He commented on the work load of the Planning Department and the current types of development that need careful review and on enforcement matters. He noted that the ability of the Planning Department to adequately address these things has resulted in increased costs, time and energy to the City. He suggested adding this to the Fiscal Note on the Resolution. He commented that the appeal that he is involved with has cost several Commission meetings; Board of Adjustment Hearings; Attorney costs; many hours and plane tickets for the Developer; hundreds of hours for the neighbors; and dozens of hours for the Planning Department all just due to a few oversights at the beginning of the project directly due to not having enough Planning staff to cover the work that needs to be done. He suggested that the cost of a project such as this, pluse any appeals, be added up and voiced his confidence that these would add up to, at least, the equivalent to the cost of adding another qualified Planning staff member. He thanked the Council and Councilmember Heimbuch for presenting Resolution 05-90, requesting full compliance by the Borough of City Platting decisions. He stated that this is extremely important, especially now, with the town becoming more actively involved in the platting process. He suggested that a mechanism be put in place for automatically and immediately appealing any decision by the Borough that is contrary to City platting decisions. He voiced his opinion that by doing this it may, at least, lengthen the process and discourage developers from trying to go around the City by making it more costly than just complying with City standards in the first place. He thanked the Council.

Mayor Pro Tempore Yourkowski advised that Resolution 05-90 had been removed from this agenda and that he believes it will be back before the Council later.

Bill Smith, Homer resident, encouraged the Council to adopt Resolution 05-95, Town Center Development Plan. He commented on Item 1, The City Manager and Council formulate strategy for building new City Hall in Town Center, voicing his opinion that this is really key to focus on to be as far ahead of the curve as possible. He expressed concern that if the City does end up selling the current City Hall to the University and needs to relocate and there is no plan for moving into the Town Center, that City Hall could end up at the Old School building for the next twenty years. He commented on Public Works and the Road Standards Committee finalizing the Boulevard's Document that he thinks this should be the Planning Commission and the Road Standards Committee since Public Works, naturally, always participates. He stated that he is here as a member of the Town Center Development Standards Committee, if it is still alive.

Frank Griswold seconded the idea of hiring a Planning Director, adding that if a really good one were hired it would just about put him out of the appeal business. He voiced his thought that this is a much more positive step than trying to put a band-aid on the problem by charging large fees to file an appeal and that nipping the problem in the bud would be much preferable.

RECONSIDERATION

None scheduled.

CONSENT AGENDA

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

Councilmember Wythe requested that Resolutions 05-88 and 05-95 be placed under Resolutions.

Councilmember Stark requested that Resolution 05-92 be placed under Resolutions.

A. Homer City Council unapproved meeting minutes of August 22, 2005 Regular Meeting. City Clerk. Recommend approval.

















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

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

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

Memorandum 05-147, from Chief of Police as backup.

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

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







G. Resolution 05-88, Of the Homer City Council that Bluff Erosion and Hydrology be Addressed in the Design of Kachemak Drive Phases I, II and III Water and Sewer Improvement/Assessment Districts. Yourkowski. Fiscal Note: Fiscal Note: To be determined and charged to LID. Estimated to cost several thousand dollars. $5,000 is considered a conservative number. Recommend adoption.

Placed under Resolutions as Item B.

REMOVED UNDER AGENDA APPROVAL: H. Resolution 05-90, Of the Homer City Council Respectfully Asking the Kenai Peninsula Borough Assembly to Direct the Borough Planning/Platting Authority to Fully Comply with the Land Subdivision Recommendations of the Homer Planning Commission. Heimbuch. Recommend adoption.

PLACED UNDER RESOLUTIONS UNDER AGENDA APPROVAL. I. Resolution 05-91,Of the City Council of the City of Homer, Alaska Requesting that the City Manager begin the Process of Restructuring the Planning Department by Hiring a Planning Director. Yourkowski. Novak. Fiscal Note: Advertising and Hiring Costs. Position Cost. Costs associated with office furnishings, computers and etcetera. Recommend adoption.

Placed under Resolutions as Item A.

J Resolution 05-92, Of the City Council Amending the Library Advisory Board Bylaws. City Manager. Recommend adoption.

Placed under Resolutions as Item D.

K. Resolution 05-93, Of the Homer City Council Authorizing Homer Accelerated Water and Sewer Program Deferred Water and/or Sewer Assessments for Lots that were split as a Result of the Construction of Kachemak Drive and that are in the Kachemak Drive Phase I, Phase II or Phase III Water and/or Sewer Improvement/Assessment District Projects and Authorizing the City Manager to Execute the Appropriate Documents. Novak. Fiscal Note: 1 parcel at 31,019.22, 6 parcels at $28,586.80. To be paid by the Homer Accelerated Water and Sewer Program. Recommend adoption.

Substituted with Memo under Agenda approval: L. Resolution 05-94(S), Of the City Council of Homer, Alaska Awarding the Contract for the Replacement of Homer Hill Top and Mid Hill Pressure Reduction Valve (PRV) Stations to the Firm of Twin Peaks Construction, Inc. of Anchor Point, Alaska in an Amount not to Exceed $654,069.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk Fiscal Note: Budgeted in Acct. 215-814. See Memorandum 05-152 from Public Works. Recommend adoption.

Memorandum 05-152, from Public Works as backup.

M. Resolution 05-95, Of the City Council acknowledging the Town Center Development Committee Report - Plan and Directing the Initiation of First Action Items in the Town Center Development Plan. Novak. Fiscal Note: Staff, Advisory Body, Committee and volunteer time.(Includes submitting an Ordinance on 10/10/05 to update the Comprehensive Plan.) Recommend adoption.

Memorandum 05-154, from Planning as backup.

Placed under Resolutions as Item C.

N. Resolution 05-97, Of the Homer City Council Approving a Memorandum of Agreement (MOA) between the City of Homer and the Kenai Peninsula Borough Regarding the Transfer and Use of a Decontamination Cargo Trailer. City Manager. Fire Chief Fiscal Note: Annually - $5,000.00 for Maintenance and Operations. Account: 100.150.5208. Recommend Adoption.

O. Memorandum 05-148, from City Clerk, Re: Travel Authorization for the Mayor to Washington D.C. Recommend approval.

P. Memorandum 05-149, from Deputy City Clerk, Re: Confirmation of Election Workers for the October 4, 2005 Regular and General City of Homer Election. Recommend Confirmation.

Q. Memorandum 05-150, from City Clerk Re: Travel Authorization for Elected and Other City Officials for the 55th Annual AML Conference Week, November 7 - 11, 2005, to be held in Anchorage. Recommend authorization.

WYTHE/McLAY/NOVAK - MOVED FOR THE APPROVAL AND/OR ADOPTION OF THE RECOMMENDATIONS OF THE CONSENT AGENDA AS READ.

There was no discussion.

VOTE:(Excluding Items G - J and M.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

None scheduled.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. Mayor Reports on AML Summer Meeting and Alaska Conference of Mayor's Session and on the Arctic Winter Games Fund Raiser.

B. Parks and Recreation Commission Report.

Mayor's Recognition of Park Day Contributors.

Read under Public Hearings by Councilmember Stark with the permission of Mayor Pro Tempore Yourkowski.

Parks and Recreation Commission Resolution 05-01, Re: Support for Council budgeting for Fire Works Display at Winter Carnival in February.

Chris Moss, Kenai Peninsula Borough Assemblyman commented that the South Peninsula Hospital Lease is on track and scheduled for the next Borough Assembly meeting. He encouraged everyone to study the Borough Election Pamphlet and to get out and vote.

Councilmember Stark interjected that voters may vote any day between now and Monday at 5 p.m.

Mayor Pro Tempore Yourkowski emphasized that there are a lot of important issues on the ballot and voiced his hope that people will make an informed choice.

Deborah Poore gave the Parks and Recreation Commission Report, predominately regarding their second park walk through and Beach Policy responsibilities: That on Saturday, September 10 the Commission met with Staff to conduct their second park walk through for this year, adding that the Commission utilizes a rotation schedule and visited Bishop's Beach, Mariner Park, Airport Beach and Crittendon Right of Way. Special interest were beach access points, parking, draining, boundary boulders and signage. This is part of the work the Commission is now responsible for since the Beach Policy Task Force completed their mission. (1) On going project with Karen Hornaday Hillside Park to improve drainage and parking. T-ball field added this year. Jack Gist park has had a great deal of work done with additional work needed on parking, restrooms and backstop. A cross walk on East End Road is requested to give the park access from the East End Road Pedestrian and Bike Pathway. Highland Drive - Emerald Park has been added to the Commission work list and the Commission is looking forward to meeting with that neighborhood to discuss and plan the park's design.

She advised the Council that the Commission respectfully requests that adequate funds be budgeted for park development and that they are working to identify items necessary for maintaining and improving these parks. She noted the projects that the endorsed for the CIP/Leg request lists:

1. Town Center Infra Structure

2. Senior Access Trail

3. Jack Gist Park

4. East Trunk Beluga Lake Trail Extension

5. Harbor Pedestrian Ways.

Mayor Pro Tempore Yourkowski recommended that pictures be taken of the condition of the beaches.

Commissioner Poore responded that the Center for Alaskan Coastal Studies is assisting with the Beach Policy work and did not know who is responsible to take pictures and further agreed that this is a very good record.

PUBLIC HEARING(S)

A. 2006-2011 Capital Improvement Priorities and Projects and 2007 Legislative Request Development Schedule. (Committee of the Whole portion of packet)

There was no public testimony.

Mayor Pro Tempore Yourkowski encouraged public input, the next meeting for public input is October 10th, and emphasized the importance of the document for obtaining Federal and State funding. He noted that the public would

B. Ordinance 05-43, Of the Homer City Council, Amending Homer City Code Chapter 14.04, Sewage--General Provisions, and Chapter 14.08, Water Rules and Regulations to Provide for Uniformity in the Two Appeal Procedures and Establishing an Appeal Fee. City Clerk. Fiscal Note: Revenues to assist in covering appeal costs incurred by the City. (First Reading August 22, 2005,Public Hearing and Second Reading September 26, 2005.)

Frank Griswold expressed surprised with regard to this Ordinance, that he follows Council proceedings fairly close and that he is unaware that there are a lot of water and sewer regulation appeals, adding that he cannot remember one. He inquired about the fiscal cost to the City for hearing this sort of appeal? Do other communities charge appeal fees for challenging water bills or rules? He suggested that this seems odd and that he thinks there may be an ulterior motive, hoping he is wrong. He said that he thinks the key element of this is to establish an appeal fee, so there is a precedent set and appeal fees can be set for other appeals. He told the Council that he does not think this is right. He queried why a Board of Adjustment for some appeals and a Board of Appeals, and that he does not think this is uniformity in the two appeal procedures (2) and suggested that this could be further consolidated into just one or the other and use the existing procedures. He voiced his opinion that people who file appeals do perform an important role in City government and that he does not remember, any time in recent history, that appeals have been filed frivolously and that in most cases some changes have come because of them, and therefore should not be discouraged. He reminded the Council that filing appeals is a lot of work and they don't ask to be compensated for their time and should not be charged for doing it especially when it results in a favorable outcome/are the prevailing party.

David Scheer expressed concern about the fee for appeals, because appeals are to be open to anyone in the public and a fee for appeals is contrary to the purpose of the appeal process. In the case of permit denial, where an applicant is appealing the denial the $75 is pretty insignificant to someone planning an expensive project. In the case of an effected neighbor this cost may be significant depending on how much money they have. He asserted that because of this the appeals process is unfairly closed to those who cannot afford the fee and skews planning towards those who have the money to force their projects through. He commented on the suggestion that this fee is to cover some of the costs of the appeal process and suggested that the costs of an appeal far outweigh the $75 and that this would pay one half hour of the City Attorney's time. He stated that it is clear that this appeals process is intended only to limit the appeals process to certain people who can afford it. Mr. Scheer stated that the $75 could probably be spread among the permit fees, perhaps $2 extra per permit, the City would get the same amount of money and it leaves the process open to anyone in the public. He stated that if this fee passes he pledges to pay the fee for anyone who wants to appeal a permit and who cannot afford it; therefore, the fee will not close out anyone. He thanked the Council.

Donna Maltz commented that she would like to say the appeal process is a safe guard for protecting all of the citizens of Homer, especially in the state of affairs that the Comprehensive Plan and Code are right now. She objected to the fee, as minor as it is, and that it sets a precedence of apathy to people who are trying to do good in the community. She voiced her opinion that if the permit process is re evaluated from the top and the permit fees are increased the Council will see the appeals decrease and eventually diminish. She stated that if there is enforcement from good design work, good zoning codes and the developer is held accountable for presenting plans to Commissioners, adequately and effectively the Council will kind of look to"where are they". She concluded by encouraging the Council to go "there with this".

HEIMBUCH/NOVAK - MOVED TO ADOPT ORDINANCE 05-43 BY READING OF TITLE.

Discussion included:

Appeals in this Ordinance are limited to water and sewer issues.

Regarding the verbiage about appeals to the Superior Court; 14.08.160 Appeal to Superior Court. A final decision of the Board of Appeals may be appealed to the Superior Court no later than thirty days following the date the decision of the Board of Appeals is first mailed or delivered to the permittee. An appeal to the court must be filed according to the applicable court rules.

City Attorney Tans advised that this is standard language and emphasized the part about "must be filed according to the applicable court rules."

There are filing fees for various planning department matters. This is considered a filing fee not a penalty. If someone asks the City to do something and files an application for a permit there are certain fees involved. The City tries to charge minimal fees to try to have some offset. This is a reasonable thing to do.

Comment about making the fee being refundable.

YOURKOWSKI/McLAY - MOVED TO AMEND SECTION 6, AND AFTER $75 PER APPEAL DELETE THE PERIOD AND ADD IF THE CITY WAS FOUND IN ERROR.(Page 434, Section 6, Line 156.)

Discussion:

Everyone is concerned about frivolous appeals. If the appeal is justifiable, proved justifiable then the fee can be returned to the appellant. The fee does do away with frivolous appeals.

If the City is found to be in error that still does not eliminate the costs incurred. The point of the fee is to address some portion of the costs. This is not a game to see who can win a prize by getting it right.

This fee is nowhere near the costs.

The dollar amount was commented upon as to whether or not it is prohibitive. This may be a question of fairness, should someone have to pay when something should have gone their way in the first place.

It is best to keep it simple.

VOTE: (primary amendment 1) YES: HEIMBUCH, McLAY, YOURKOWSKI, STARK.

NO: WYTHE, NOVAK.

Motion carried.

City Clerk was granted permission to ask the City Attorney a question regarding the refunding and its placement in the Ordinance.

There was discussion on whether or not this re fundability should be in the Code, by Ordinance or authorized by Resolution. The City Attorney commented and made suggestion with the resulting in the following amendment:

STARK/YOURKOWSKI - MOVED TO AMEND THAT THE SECOND SENTENCE OF SECTION 6, WILL BE THAT THE APPEAL FEE FOR SEWER AND WATER MATTERS SHALL BE SET BY RESOLUTION; IN THE EVENT THAT THE APPEAL IS GRANTED THE FEE SHALL BE REFUNDED.

This was discussed and concern expressed regarding the verbiage "appeal is granted". The City Attorney suggested the verbiage for refundability "in the event the appellant is the prevailing party." He noted that sometimes mistakes are made, but it does not cause a reversal.

STARK/YOURKOWSKI - ACCEPTED "IN THE EVENT THE APPELLANT IS THE PREVAILING PARTY." AS A FRIENDLY AMENDMENT.

Amendment reads: MOVED TO AMEND THAT THE SECOND SENTENCE OF SECTION 6, WILL BE THAT THE APPEAL FEE FOR SEWER AND WATER MATTERS SHALL BE SET BY RESOLUTION; IN THE EVENT THAT THE APPELLANT IS THE PREVAILING PARTY THE FEE SHALL BE REFUNDED.

VOTE:(primary amendment 2.) YES: HEIMBUCH, McLAY, YOURKOWSKI, STARK.

NO: NOVAK, WYTHE.

Motion carried.

Section 6 was amended: Section 6. The City of Homer Fee Schedule shall be amended to include a section for Appeal Fees. The Appeal fee for sewer and/or water matters shall be set by Resolution; in the event the prevailing party is the appellant[ appeal is granted] the fee shall be refundable.[ $75.00 per appeal.]

There were no further comments.

VOTE: (main amended motion) YES: McLAY, WYTHE, YOURKOWSKI, STARK, NOVAK, HEIMBUCH.

Motion carried.

Mayor Pro Tempore Yourkowski advised the listening audience that Councilmember McLay is in a wheel chair. The Mayor Pro Tempore called for a break at 8:18, reconvening the meeting at 8:31 p.m.

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

Corrected Reference Sheet.

There was no public testimony.

D. Ordinance 05-45, Of the City Council of Homer, Alaska Confirming and Ratifying the Purchase of Property in the Bridge Creek Watershed Protection District and Designating its use as Public Purpose. City Manager. Fiscal Note: Expenditure for Parcel approved via Emergency Ordinance 05-40: Revenue - Land Fund Acct. 150.392 has $67,373.00 available Expenditure Acct, 150.392. Bridge Creek Watershed Land Acquisition, $63,500.00 plus any closing costs. (First Reading August 22, 2005, Public Hearing and Second Reading September 26, 2005.) Page 443

There was no public testimony.

NOVAK/McLAY/WYTHE - MOVED FOR THE ADOPTION OF ORDINANCE 05-45 BY READING OF TITLE.

Councilmember Yourkowski thanked the City Manager for taking advantage of an opportunity and securing that land for the City's future.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

ORDINANCE(S)

A. Ordinance 05-42, Of the City Council of Homer, Alaska, Amending Homer City Code Section 9.04.046, Real and Personal Property Tax -- Exemption, to Provide for the First $20,000.00 of Assessed Valuation on Owner-Occupied Permanent Residential Property to be Exempt from City Real Property Tax. Yourkowski. Fiscal Note: 809 Properties applied for a Borough Exemption in 2005. 809 multiplied by $20,000.00 equals $16,180,000.00 in exempt property. $16,180,000 multiplied by the City's mill rate - 4.5 mills equals $72,810.00 in reduced City property tax revenue.(First Reading August 8, 2005, Public Hearing August 22, 2005, Second Reading September 26, 2005.)

STARK/NOVAK - MOVED FOR THE ADOPTION OF ORDINANCE 05-42 BY READING OF TITLE.

Brief comment regarding delaying this to the budget process for obvious reasons.

STARK/HEIMBUCH - MOVED TO POSTPONE THE SECOND READING TO THE 12TH OF DECEMBER.

There was discussion in favor of the postponement. There will be more budgetary information known later in the year.

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

Motion carried.





B. Ordinance 05-52, Emergency Ordinance of the City Council of Homer, Alaska, Appropriating $5,000.00 from the General Fund - Fund Balance to sent to New Orleans for Disaster Aid to the Victims of the Katrina Hurricane Disaster and that the City Manager is Authorized to forward this Money in the Most Expeditious Way Possible. Heimbuch. Fiscal Note: Revenue from General Fund - Fund Balance, $5,000.00 and Expenditure Account 100-100-5609 Council - Outside Services for Disaster Relief - Hurricane Katrina $5,000.00.

HEIMBUCH/STARK - MOVED TO ADOPT ORDINANCE 05-52 BY READING OF TITLE.

Discussion about changing to a standard Ordinance for the purpose of a public discussion in two weeks.

HEIMBUCH/STARK - SO MOVE TO AMEND THE ORDINANCE USING THE LANGUAGE THAT MAYOR PRO TEMPORE YOURKOWSKI USED: TO CHANGE FROM EMERGENCY ORDINANCE TO REGULAR ORDINANCE AND SET PUBLIC HEARING AND SECOND READING FOR OCTOBER 10, 2005.

Clerk affirmed that the motion is sufficient.

Councilmember Stark voiced objection and expressed his opinion that this should be by donation.

VOTE: (primary amendment 1) YES: HEIMBUCH, McLAY, WYTHE, YOURKOWSKI, NOVAK.

NO: STARK

Motion carried.

Councilmember Novak suggested funds be sent to a specific place or person or agency and further suggested considering Homer, Louisiana who are doing a lot of relief work.

NOVAK/YOURKOWSKI - MOVED TO AMEND TO ENTERTAIN A MOTION OF SENDING RELIEF MONEY TO HOMER, LOUISIANA AS OUR SISTER CITY IN THE AREA OF CRISIS THERE.

The City Clerk responded to inquiry that the public hearing with the Ordinance as amended will be back to the Council pursuant to the first amendment.

Councilmember Novak noted that there is information in the lay down packet with regard to Homer, Louisiana and the relief work that they are doing for the evacuees.

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

Motion carried.

There were no further comments.

VOTE: (main motion as amended.) YES: WYTHE, YOURKOWSKI, NOVAK, HEIMBUCH.

NO: McLAY, STARK.

Motion carried.

CITY MANAGER'S REPORT

A. City Manager's Report. (Updates and Follow up: Code Amendments to the Zoning Appeals Procedures scheduled for October 10th Regular Council meeting, Underground Utilities Ordinance tentative scheduled for the October 10th Regular Council meeting and may be on the October 24th Regular Council meeting agenda, Disaster Response for City presentation scheduled for the October 24th Council meeting, Bartlett/Hohe Utilities probably will not be placed underground, South Peninsula Hospital Lease with the City see Ordinance 05-51, 2006 Budget and new tax revenue projections to be around $900,000.00, Construction Season slowing down, Kachemak Emergency Services Area (KESA) Contract still being negotiated, Community Schools Program one of the major topics of discussion with regard to the 2006 Budget and there will be a short presentation during the Committee of the Whole on October 10, 2005; September Employee Anniversaries: Patti Morris HPD 29 years, Mary Calhoun City Clerk's Office 18 years, Pat Johnson PWD 13 years, Dean Baugh Finance 7 years, Janie Stewart PHD 5 years, Susan Gibson Library 2 years, Aaron Glidden P/H 1 year and Lary Kuhns HPD 1 year.)

City Manager Wrede added:

The Ice Rink Driveway project is really falling into place, DOT should be starting the project within a week and the City contribution of the 1,000 cubic yards of Spit Dredge Spoils will be the City's match. The project will include paving of the driveway and a bike trail. The bike trail will go and the driveway will go right to the rink from the Spit Road. The project is being done for less than the appropriated grant. DOT was able to do a change order with one of their current contractors in town and this expedited the project.

Left over money from the Ice Rink Project will be used to install the stop light at the Lake Street and Sterling Highway intersection, which will also be done in about a week.

The new sirens will be installed shortly for the Tsunami warning system. Council asked for an announcement regarding the new sirens.

The City Manager and Fire Chief Painter were granted up to 20 minutes for a presentation on the City Disaster Preparedness Plan at the next meeting. Homer, in any disaster, would be its own first line of defense and must assume that it would be on its own. City Manager Wrede confirmed that the Homer Detachment of the Alaska State Defense Force is in the plan. Presentation will include Chain of Command, Communications, individuals who would need special assistance to evacuate and general over view of the Disaster Preparedness Plan.

The City Manager responded to inquiry about the Hohe utility lines that he worked hard on this, that Representative Seaton, and Senator Stevens went right to the Commissioner, and that the property owners on Hohe also pursued getting the utility lines installed underground. It was not in the contract to put in the utility lines in underground and the City's Ordinance was not in place to require those lines to go underground. HEA nor DOT were able to do that due to costs, due to State Statute constraints on the DOT project. The cost was about $100,000.00 and prohibitive. Helicopter safety issues and concerns were mentioned. He advised that the Ordinance regarding overhead lines should be to the Council the second meeting in October, there is more consultation with the phone companies and HEA. HEA's off the cuff estimate to put all the lines, right now, in Homer underground is about $30 million and does not include the phone lines. It would be a gradual schedule. He has been reviewing the Anchorage Ordinance and their agreement with Chugiach Electric. He commented on City priority areas such as Scenic Vista, Baycrest Hill any place the Council thinks best to start. The Ordinance should include verbiage that any time utility lines are replaced or relocated they would have to go underground. Additional fees would be added to the Homer electric bills.

B. Game Permit Report (2005 Gaming Permit Applications filed with City Clerk: Homer Community Food Pantry - filed August 16, 2005 and Alaska Marine Conservation Council - filed September 14, 2005.

C. Bid Report. (Bids were opened on Wednesday, September 21st at 2 p.m. for the Replacement of Homer Hill Top and Mid Hill Pressure Reduction Valve Stations. See Resolution 05-94(S) under Consent Agenda.)

COMMITTEE REPORT

A. Road Standards Committee

B. Public Arts Committee. (August 24, 2005 11 a.m. No quorum, is to be rescheduled..)

C. Permanent Fund Committee (Meeting Synopsis August 30, 2005 5:30 p.m. September 15, 2005 5:30 p.m. Conference Room and September 27, 2005 5:30 p.m. Cowles Council Chambers,.)

Chair Wythe reported that there have been three meetings, that it is going quite well and that the Committee is making progress.

PENDING BUSINESS

The decision was approved as revised by the Attorney during the Board of Adjustment Session under the Special Meeting held prior to the Regular Meeting tonight.

A. Board of Adjustment Decision, Re: Frank Griswold an appeal to the Board of Adjustment Regarding Conditional Use Permit 05-10 - For a Reduction in the Setback From a Dedicated Right of Way as Permitted By HCC 21.48.040(B)(4) at 445 Grubstake Avenue, Lot 2 Block 11, Glacier View Subdivision. Main motion is on the floor, further deliberations requested on August 22, 2005.

NEW BUSINESS

None scheduled.

RESOLUTIONS

A. Consent Agenda Item I. Resolution 05-91, Of the City Council of the City of Homer, Alaska Requesting that the City Manager begin the Process of Restructuring the Planning Department by Hiring a Planning Director. Yourkowski. Novak. Fiscal Note: Advertising and Hiring Costs. Position Cost. Costs associated with office furnishings, computers and etcetera. Recommend adoption.

NOVAK/YOURKOWSKI - MAKE A MOTION TO ADOPT RESOLUTION 05-91 BY READING OF TITLE.

Discussion:

The Resolution is to support and upgrade the Planning Department.

The Planning Department has a big load and are on overload.

The Planning Commission is doing a lot of the work and they are volunteers.

The Planning Department has two new employees an office person and staff person, which brings them back to where they were three or four weeks ago.

The applications and permits are extensive and require a lot more research and background before presented.

The Comprehensive Plan is on the table

It is time to upgrade that Department to another level.

Hiring a Director is not necessarily the most efficient use of funds or of the function of the individual. More than a Director, another person is needed that would be kind of at the same level as the City Planner is and working along beside and doing the same sorts of work as the City Planner.

Inclination to postpone to budget process. Trust change will not take place prior to January 1st, when the budget will have the figures and legal authority in it to do this. It does take time to find someone.

Whether the additional person is called a Planning Director or Planner the job description will be written for what is wanted and the person hired to best fit that criteria. There are no stipulations by reading of title.

Suggestion to conduct a special meeting for public input about the City, the Council, Commission and Planning staff relationships and what can be done to improve these. Not on what the City looks like, but on the problems the people face. This would assist with writing the job description and where the efforts need to best go.

The Resolution gives too much direction by adding "hiring the Planning Director". Restructuring the Planning Department may be a good thing. This should not be hurried and pushed through.

The Resolution does say "begin the process". It puts into process some restructuring. The City Manager has some other ideas, such as turning the Old Library into sort of a one stop Planning Center with permitting and planning right there and lots of room.

It would be really good to have a Department Head with a job description that is more big picture oriented and to go out into the public and do some education. There are a lot of big picture stuff that the Planning Department cannot do right now because they are so over loaded.

NOVAK/YOURKOWSKI PLUS - MOVED TO PROPOSE AN AMENDMENT TO THE TITLE OF THIS RESOLUTION TO ADDRESS SOME OF THE COMMENTS THAT HAVE JUST BEEN MADE, WHICH WOULD TO CHANGE THIS RESOLUTION TO STATE THAT THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA REQUESTING THAT THE CITY MANAGER BEGIN THE PROCESS OF RESTRUCTURING AND UPGRADING THE PLANNING DEPARTMENT PERIOD AND THEN IN THE COURSE OF THIS ANOTHER AT THE BOTTOM WHERE IT SAYS NOW THEREFORE BE IT RESOLVED, I WOULD SAY THAT RESTRUCTURING THE PLANNING DEPARTMENT I WOULD DROP OFF THE HIRING THE DIRECTOR PART AT THE MOMENT AND I WOULD SAY THE SAME THING NOW THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL REQUEST THAT THE CITY MANAGER BEGIN THE PROCESS OF RESTRUCTURING AND UPGRADING THE PLANNING DEPARTMENT AND CONDUCT PUBLIC HEARINGS FOR PUBLIC INPUT INTO THE PROCESS AND THAT WOULD OPEN IT UP TO WHAT I THINK WE SHOULD HAVE.

City Manager Wrede responded to inquiry that he could use some help from the Council and Public on where they want the priorities. He stated that he really likes this Resolution and appreciates the support for Planning. He advised that he planned to come to the Council with money in the budget for one additional person. There is no problem with the Council having this discussion about structure of the department and budgets. He issued caution about staying away from micro managing personnel matters. He concurred that this needs some more discussion. He relayed hearing that more code enforcement is needed, forward thinking and planning, write more ordinances, different type of job description with public outreach and education, etc. More input is needed in order to make that decision so that he can make a recommendation to the Council. There are a lot of issues that need to be discussed including platting matters; is a Planning Director really what is needed or would an upgrade to the department best address the needs. He added that the space needs issue has to be addressed. He told that Council that he needs to know the Council and the Public priorities in restructuring the department.

Mayor Pro Tempore Yourkowski suggested making this a part of the budget process. Many hearings will be held during the budget process, however, that may be too broad to cover the public hearing suggestion.

Discussion:

There is more being requested than just a restructuring of the Planning Division.

Develop a strict rubric for public testimony.

Identify some procedural problems that might have some commonalty.

This would assist in developing a job description.

Relationship between advisory people, professional people and political end of things.

The biggest single issue is that what a municipality does impacts individual rights/private property rights.

Structure the meeting to run very tightly.

Cost of the City taking on platting is a very large undertaking and the costs would not be recovered through fees. It could be that the Kenai Peninsula Borough might not want the City to take this over.

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

Motion carried.

City Council of the City of Homer, Alaska Requesting that the City Manager begin the Process of Restructuring and upgrading the Planning Department[ by Hiring a Planning Director.] ; NOW THEREFORE BE IT RESOLVED, That the City Council requests the City Manager begin the process of restructuring and upgrading the Planning Department[ by hiring a Planning Director.]; and conduct a public hearing for public input in the process...

There was no further discussion.

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

Motion carried.

City Manager Wrede asked for clarification regarding the public hearing and if this is on the restructuring plan.

Discussion began on the item disposed of therefore reconsideration was made.

WYTHE/NOVAK - MOVED FOR RECONSIDERATION OF RESOLUTION 05-91.

There was no discussion.

VOTE: (reconsideration) YES: WYTHE, YOURKOWSKI, NOVAK, HEIMBUCH, McLAY.

NO: STARK.

Motion carried.

Discussion continued with regard to the City Manager's inquiry.

Public Hearing is to be with regard to perceived conflicts between the Council, Planning Commission and Planning staff. A public hearing may highlight the frustrations of the Planning staff and what they would like to see as far as ordinance changes, the way business is conducted or the flow of communication.

NOVAK - CALLED FOR THE QUESTION.

Mayor Pro Tempore Yourkowski noted that more discussion is desired.

Councilmember McLay elucidated the reasons why this needed to be reconsidered since discussion cannot be conducted on something not on the floor and that the question had been disposed. He emphasized that there is no reason to discuss a motion that is passed.

Mayor Pro Tempore Yourkowski queried the Clerk on how to schedule a public hearing of this time.

City Clerk Calhoun responded that it gets scheduled, advertised and conducted.

Councilmember Heimbuch offered to work with the City Manager to develop something to bring back to the Council to see if it is what all are envisioning.

VOTE: (revote on Resolution 05-91.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Consent Agenda Item G. Resolution 05-88, Of the Homer City Council that Bluff Erosion and Hydrology be Addressed in the Design of Kachemak Drive Phases I, II and III Water and Sewer Improvement/Assessment Districts. Yourkowski. Fiscal Note: Fiscal Note: To be determined and charged to LID. Estimated to cost several thousand dollars. $5,000 is considered a conservative number. Recommend adoption.

WYTHE/YOURKOWSKI - MOVE FOR THE ADOPTION OF RESOLUTION 05-88 BY READING OF TITLE.

Discussion.

Concern that this is an already approved LID and people presume to know the assessment amount.

Is this adding more money to the assessment.

Should have been brought up before approval.

What does the addition of trail have to do with hydrology.

The idea is to keep the trail in Public Works eye and takes a lot of coordination with DOT. The idea is that, perhaps, a trail could be placed on top of and in conjunction with the installation of the utility lines.

Council received a letter with a lot of LID property owner signatures requesting that hydrology be considered.

Hydrology is a reasonable thing, but the trail muddies the water.

If the City gets a sewer and water easement this does not mean that the City can put a trail on it. There needs to be either a roadway easement or a trail easement. Everyone recognizes that eventually there is going to be a trail there, but the road is going to have to be substantially rebuilt, being only 24 feet wide right now.

Much of the road is not even on a public right of way.

Road cannot be expanded or a trail put in until the utilities are in. The trail construction would be more appropriate when the road is upgraded, since it will be substantially wider.

Trail should be a separated pathway, like East End Road.

Suggestion that this come back as a separate Resolution.

WYTHE/STARK - MAKE AN AMENDMENT TO REMOVE THE BE IT FURTHER RESOLVED REGARDING THE BIKE TRAIL ALONG KACHEMAK DRIVE IN THE SYSTEM.

(BE IT FURTHER RESOLVED, the Council requests that the City Administration work closely with the ADOT/PF to resolve Right of Way Issues and evaluate strategies to construct a bike trail along Kachemak Drive in conjunction with the water and sewer improvements. )

There was no discussion.

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

NO: YOURKOWSKI.

Motion carried.

There was no discussion.

VOTE: (main amended motion) YES: WYTHE, YOURKOWSKI, STARK, NOVAK.

NO: HEIMBUCH, McLAY.

Motion carried.

C. Consent Agenda Item M. Resolution 05-95, Of the City Council acknowledging the Town Center Development Committee Report - Plan and Directing the Initiation of First Action Items in the Town Center Development Plan. Novak. Fiscal Note: Staff, Advisory Body, Committee and volunteer time. (Includes submitting an Ordinance on 10/10/05 to update the Comprehensive Plan.) Recommend adoption.

Memorandum 05-154, from Planning as backup.

NOVAK/WYTHE - MOVED TO ADOPT RESOLUTION 05-95 BY READING OF TITLE.

There was no discussion.



NOVAK/ - MOVED TO AMEND AT THE VERY BOTTOM, NOW, THEREFORE BE IT RESOLVED that the City Council hereby Acknowledges the Town Center Development Committee Report - Plan with no preferred development alternative INSERTING AFTER PLAN WITH NO PREFERRED DEVELOPMENT ALTERNATIVE and hereby directs initiation of the first action items in the plan with no specific priority inserting with no specific priority after plan as follows with specific regard to the Town Center and the development thereof:

Discussion.

Reiteration of the inserted verbiage. No preferred development alternative and no specific priority for the action items listed.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby Acknowledges the Town Center Development Committee Report - Plan with no preferred development alternative and hereby directs initiation of the first action items in the plan with no specific priority as follows with specific regard to the Town Center and the development thereof:

1. City Manager and City Council formulate strategy for building new City Hall in the Town Center.

2. Planning amend Community Design Manual guidelines to apply all development in the Town Center area.

3. Parks and Recreation develop first trail through Town Center, connecting Poopdeck Trail to Main Street.

4. City Council and Chamber of Commerce facilitate business development.

5. Public Works and Road Standards Committee finalize Boulevards document.

6. Planning revise parking requirements to accommodate on street parking, parking pockets, shared parking and offsite parking.

7. Planning amend set back requirements to bring buildings closer to the street.

8. Planning review and revise building height requirements.

9. Public Works conduct soils and hydro logic analysis to determine siting for natural springs and water systems such as ponds and streams.

10. Public Arts Committee develop incentives to encourage community art.

Note: BE IT FURTHER RESOLVED, that an Ordinance be placed on the October 10, 2005 Council's Regular Meeting agenda for introduction of an amendment to the Comprehensive Plan to add the Town Center Development Plan as an update thereof.

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

Motion carried.

There was no further discussion.

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

Motion carried.

D. Consent Agenda Item J. Resolution 05-92, Of the City Council Amending the Library Advisory Board Bylaws. City Manager. Recommend adoption.

STARK/WYTHE - RECOMMEND THE ADOPTION OF RESOLUTION 05-92 BY READING OF TITLE.

Councilmember Stark voiced concern that this may be running the Clerk's Office into the ground by providing staff for all of the various Boards and Commissions, etcetera. He stated that he would like to see the Clerk's Office relieved of this duty.

City Clerk Calhoun clarified that the amendments are mostly housekeeping, brings the bylaws up to speed and that the Clerk's Office has been providing recording and minutes service for the Library Advisory Board for quite a while.

Brief comment in support of Bylaws.

City Manager Wrede emphasized that the Library Advisory Board is not just some board or committee it is one of Council's standing Boards, called for by the City Code, by Ordinance and is on par with the Parks and Recreation, Planning and Port and Harbor Advisory Commissions. Therefore, it is important for the Clerk's Office to do the minutes.

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

Motion carried.

COMMENTS OF THE AUDIENCE

Audience may comment on any matter.

There were no public comments.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans left at 9:14 p.m. to get on a plane, at Homer Airport, back to Anchorage.

COMMENTS OF THE CITY CLERK

City Clerk Calhoun reminded everyone to vote.

COMMENTS OF THE CITY MANAGER

City Manager Wrede voiced appreciation of Council's indulgence of his absence today.

COMMENTS OF THE MAYOR

Mayor Pro Tempore Yourkowski echoed the City Clerk's comments to remember to vote, adding that there are a lot of important issues on the ballot and encouraged people to get informed and to read the voter pamphlet.

COMMENTS OF THE CITY COUNCIL

Councilmember McLay voiced appreciation of the Council carrying on without him, noting that he had his first excused absence in August, having gone Moose hunting and that he did not expect to continue having an absence. He stated that he is glad to be back, that he missed the meetings and that these have become part of his life. He commented about being in the hospital and having to sit for a month and that he was really refreshed having to start thinking about this meeting, reviewing the packets and bringing himself back up to speed. He emphasized that the Council has been great to work with and that he is glad that they could all be together here tonight, that a lot had been accomplished tonight and thanked the Council.

Councilmember Heimbuch stated that regardless of the way things turn out next Tuesday night he has had a very good time serving with the Council, that it has been a lot of fun and a lot - real challenging.

Councilmember Stark wished him good bye and happy sailing.

Councilmember Heimbuch stated that Councilmember Stark is too kind and thanked him for all his support tonight on all the issues he brought forward.

Councilmember Stark stated that he even borrowed Councilmember Heimbuch's hat to feed his Resolution to send money to Louisiana. He commented that to hear Councilmember McLay say that he misses the Council and looks forward to it is really kind of scary. He stated that he thinks the Council has to consider an evaluation of the City Manager at the next Committee of the Whole or something or other, and probably will have to have an executive session. He commented on the desirability of doing this before there is possibly a new Council, that he will never forget and that it will always be indelibly impressed on his memory, the evaluation of the Manager that the Council had right after he got on the Council. He noted that this was three years ago and that it was a stunning experience for which he cannot comment since it was done in Executive Session. He commented that he does not think that it makes much difference and that he believes the Council all feels the same way about City Manager Wrede and that they should, if possible, have an evaluation of him at the next meeting sometime during the afternoon or evening.

Councilmember Novak expressed his appreciation for the current Council, that one of the things that people had been asking for a couple of years ago was diversity on the Council and that people felt the Council was polarized and that there was a split down the middle and/or all biased in one direction. He stated that he really wants to emphasize the fact, which is pretty obvious, that this Council is one of the most diverse that there has been in quite some time. He voiced appreciation that the Councilmembers all have their own opinions and priorities and that there really is not a block or group on this Council. He expressed pleasure in working with this kind of group so that they can really get into issues and be open to the outcome. He thanked all for their participation.

Councilmember Wythe echoed Councilmember Novak's support of the current Council, that there are a lot of varied opinions and that the Council does develop a very synergistic result and that the end result is usually that all of the sides of an issue have been looked at before the Council comes to a conclusion. She commented that she believes people are more happy with more decisions then they have been in a long time. She encouraged everyone to get out and vote, adding that this is an opportunity to vote for a change or to keep it as it is. She wished good luck to Councilmembers Heimbuch, Yourkowski and Candidate Matt Shadle on Tuesday.





ADJOURNMENT

There being no further business to come before the Council, Mayor Pro Tempore Yourkowski adjourned the meeting at 9:52 p.m.

The next Regular Meeting is scheduled for Monday, October 10, 2005 at 7 p.m. and the next Committee of the Whole is scheduled for Monday, October 10, 2005 at 4 p.m. This includes a one hour session on the 2006 Budget. Councilmember Stark requested a meeting to evaluate the City Manager that includes an Executive Session.

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

____________________________________________

MARY L. CALHOUN, CMC, CITY CLERK

APPROVED: ______________________

1. Clerk's Note: The Beach Policy Task Force was changed to a Standing Committee and called the Beach Policy Committee. The Committee wished to be disbanded, therefore the Council responded with disbandment. The It was suggested that the Parks and Recreation Commission to take on these duties, the Commission agreed., hence the assignment to the Parks and Recreation Commission with some assistance from the Center for Alaskan Coastal Studies.

2. Clerk Note: This is not bringing Title 14 appeal procedures into conformity or uniformly with the Title 21, Planning and Zoning Appeals procedures. These are two distinct and separate appeals. Title 14 are water and sewer. Title 21 are Planning and Zoning matters. Other appeal procedures exist besides these.