HOMER CITY COUNCIL

Session 03-15, a Regular Meeting of the Homer City Council was called to order at 7:32 p.m. by Mayor Jack Cushing at the Homer City Hall Council Chambers located at 491 E Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

The Council met as a Committee of the Whole from 4:02 to 6:00 p.m regarding the Regular Meeting Agenda items.

PRESENT: COUNCILMEMBERS: BECK, FENSKE, KRANICH, LADD, STARK, YOURKOWSKI..

STAFF: CITY MANAGER WREDE

CITY CLERK CALHOUN

FINANCE DIRECTOR BAUGH

PUBLIC WORKS DIRECTOR MEYER

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 Council with the following additions and requests: To the Consent Agenda as Item M. Memorandum 03-140, from the Mayor, Re: Reappointment of Bill Smith to the Homer Advisory Planning Commission. Backup to Resolution 03-110, Memorandum 03-139 from City Manager Wrede, with the revised MOU with the Homer Hockey Association. Correspondence regarding Ordinance 03-43(A). Backup information including the EPA grant information and wetlands management program work plan for Ordinance 03-45. Staff request that the second reading of Ordinance 03-45 be postponed until the corrected grant agreement is received from EPA, probably will be by the August 25th meeting. To City Manager Report. Memorandum from City Planner, Recap of August 6th Planning Commission Meeting. Resolution 03-112 to Replace Resolution 03-105 on the Consent Agenda. from Councilmember Stark.

Councilmember Stark asked for Resolution 03-105 and 03-112 to be pulled off of this agenda.

There was no objection.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public comments upon matters on the agenda with the exception of Public Hearing items:Ordinance 03-43(A), Ballot Measure Addressing the Issue of Limiting the Size and Dimensions of Buildings Used Primarily for Retail or Wholesale Business; Ordinance 03-44, Grant of One Hundred and Sixty Seven Thousand Dollars ($167,000.00) from Transportation and Security Administration (TSA) for Security Gates;Ordinance 03-45, Grant of One Hundred and Twenty Seven Thousand Three Hundred and Two Dollars ($127,302.00) from the Environmental Protection Agency (EPA); and Ordinance 03-46 and 03-46(S), Reimbursable Funds from the United States Coast Guard for Berth Modifications at Pioneer Dock.

Sue Post voiced support for moving the meeting time to earlier in the evening (Ordinance 03- 48), advising that she been hearing from other people over the months, who have been involved with the Council meetings, that perhaps more people could attend the meetings if the meetings started earlier particularly those parents with younger kids. She asked why the public hearings are often so late and if these could be switched to earlier on the agenda so that, perhaps, people who are already in town, after work, could come earlier to the meeting. She thanked the Council for their consideration.

Dave Etzwiler, supervisor for Laidlaw Buses, voiced support of Resolution 03-102 and shared his experiences with numerous time delays at the Lake Street/Sterling Highway Intersection; school busses late due to the intersection therefore students late to school, time delays for the tour busses with cruise ship passengers. He pointed out that these time delays have repercussions in the class rooms and for the cruise ship visitors. He voiced concern regarding the safety hazards at the Lake Street/Sterling Highway Intersection and the amount of drivers and pedestrians who take risks caused by the heavy traffic and time delays. He emphasized the more risks taken the greater the chance for motor vehicle accidents and pedestrian accidents, that he has seen many near accidents, which never get reported, and these near accidents happen repeatedly. He stated that he does not know what kind of value Council can put on a person's life. He concluded by saying that this is his concern regarding that intersection.

Greg Siekaniec, Manager of the Oceans and Islands Visitor Center, commented on Resolution 03-102 and encouraged the Council to give serious consideration to the matter of traffic control and control of pedestrian traffic. He reported that the visitor center will open mid October to November of this year. He voiced concern with the offset drive way, having one driveway and the ability of the pedestrian traffic to safely cross the Sterling Highway to the visitors center. He vividly described some of the traffic turning situations, use of the suicide lane, and that he envisions the traffic situation becoming more complicated with the opening of the center, that this is an overall dangerous situation. He emphasized his support to resolve the issue and for traffic signals and some kind of pedestrian cross way. He advised the Council of the history of the USFW request to DOT for two driveways, exit and entrance, that they had wanted a driveway across from Petro Marine or Poopdeck Street and had been denied by DOT. He shared his personal experience with parking on Poopdeck during the construction of the center and the difficulties he has experience with crossing the Sterling Highway. He stated that he would very much like to work with the Council to address this matter, to, in some way, come up with a solution on the traffic situation and encouraged the Council to take some action on this matter. He thanked the Council, very much. In response to Mayor Cushing he stated that he would absolutely be available to meet with DOT.

There was a brief question and answer period with the Mayor, Council and Mr. Siekaniec.

RECONSIDERATION

There was no reconsideration 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 Kranich requested that Item F. be placed under Resolutions.

Councilmember Ladd requested that Items D. D1 and E. be placed under Ordinances.

Councilmember Yourkowski also requested that Item E be placed under Ordinances.

Mayor Cushing requested that the Executive Session be conducted as the last item of business.

A. Homer City Council unapproved meeting minutes of July 28, 2003 Regular Meeting. Recommend approval.

B. Ordinance 03-42, Of the City Council of Homer, Alaska, Authorizing the Transfer in an Amount not to Exceed Three Hundred Thousand Dollars ($300,000.00) from the Homer Accelerated Water and Sewer Program (HAWSP) for the Water and Wastewater Master Plan and Authorizing the City Manager to Execute the Appropriate Documents. City Manager, Public Works. Fiscal Note: Funded from Acct. 153 (HAWSP) to Expenditure Acct. 215-378. Recommend Introduction and conduct Public Hearing and Second Reading on August 25, 2003.

Memorandum 03-133, from Public Works Director as backup.

C. Ordinance 03-47, Of the Homer City Council, Amending Homer Code Chapter 5.28, by Adding Subsection 5.28.040, Definitions, to Include a Definition for Firearm. HPD. City Manager. Recommend introduction and conduct Public Hearing and Second Reading on August 25, 2003.

Memorandum 03-130, from Chief of Police as backup.

D. Ordinance 03-48, Of the Homer City Council Amending Homer City Code Section 1.24.040, Bylaws for Council Procedure, Subsection (d) Regular Meetings, Time from 7:30 p.m. to 6:30 p.m. Beck. Recommend introduction and conduct Public Hearing and Second Reading on August 25, 2003.

Placed under Ordinances as Item C.

D.1. Resolution 03-, Of the City Council Amending Council's Operating Manual, Section 3. Policies of the City Council, to Amend the Meeting Time for Committee of the Whole, from 4 p.m. to 6 p.m. to 2:30 p.m to 5 p.m. Beck. Follows same schedule as Ordinance.

Placed under Ordinances as Item C. with Ordinance 03-48.

E. Ordinance 03-49, Of the City Council of Homer, Alaska, Accepting and Appropriating a Grant of $80,914.12, Fisheries Revitalization Aid, from the Alaska Department of Community and Economic Development for Port/Harbor Restrooms and Authorizing the City Manager to Execute the Appropriate Documents. Finance. P/H. City Manager. Fiscal Note: From Port Reserve Fund to Expenditure Acct: 415-374. Recommend introduction and conduct Public Hearing and Second Reading on August 25, 2003.

Placed under Ordinances as Item D.

F. Resolution 03-104, Of the City Council of Homer, Alaska Amending the City of Homer Fee Schedule, Port/Harbor Department Fees, By Adding a New Rate for Handling Regulated Garbage. Port/Harbor, City Manager, Finance. Fiscal Note: Garbage Expenditure Acct. 400.5220.601. Recommend adoption.

Memorandum 03-131, from Port/Harbor Director as backup.

Placed under Resolutions as Item E.

G. Resolution 03-105, Of the City Council of the City of Homer Noting the Insufficiency of the Petition for Kachemak Drive Phase II Water and Sewer Improvements. City Clerk. Recommend adoption.

Removed from the agenda under agenda approval.

G.1. To replace Resolution 03-105, Resolution 03-112, Of the City Council of the City of Homer Finding the Need to Create the Kachemak Drive Phase II Water and Sewer Improvement/Assessment District and Setting the Date for Public Hearing as September 8, 2003. Stark.

Removed from the agenda under agenda approval.

H. Resolution 03-106, Of the City Council of Homer, Alaska Approving and Accepting the Renewal of the Jail Service Contract for FY2004, with the State of Alaska in the Amount of $334,003.04 and Authorizing the City Manager to Execute the Appropriate Documents/ HPD. City Manager. Fiscal Note: Budgeted in Acct. 100.4503.030. Recommend adoption.

Memorandum 03-132, from Chief of Police as backup.

I. Resolution 03-107, Of the City Council of Homer, Alaska Authorizing the Application to the Department of Environmental Conservation for a Loan from the Alaska Clean Water Fund for $150,000.00 for the Wastewater Portion of the Water and Wastewater Master Plan and Authorizing the City Manager to Execute the Appropriate Documents. PWD. Fiscal Note: Up to $150,000 from the 2003 Alaska Drinking Water Fund loan to fund the water portion of the master plan; and up to $150,000 from the 2003 Alaska Clean Water Fund loan to fund the sewer/wastewater portion of the master plan; with the 2.5% loan paid off over 10 years from HAWSP funds Recommend adoption.

Memorandum 03-133, from Public Works Director, as backup.

J. Resolution 03-111, Of the City Council of Homer, Alaska, Authorizing the Sublease and Operating Agreement by and between the City of Homer and the Kenai Peninsula Borough on Behalf of the South Peninsula Hospital Service Area, for the Purposes Stated Therein. City Manager. Recommend adoption.

K. Memorandum 03-134, from City Clerk, Re: Request for Executive Session pursuant to AS §44.62.310(c)(1), Matters, the Immediate Knowledge of which would Clearly have an Adverse Effect upon the Finances of the Government Unit. (Ocean Drive Loop Bluff Erosion Control Project and UA Negotiations.). Recommend approval and conduct under New Business Item A.

Will be conducted as the last item of business.

L. Memorandum 03-135, from Mayor, Re: Reappointment of Bruce Hess to the Homer Advisory Planning Commission. Recommend confirmation.

M. Agenda addition: Memorandum 03-140, from Mayor, Re: Reappointment of Bill Smith to the Homer Advisory Planning Commission. Recommend confirmation.

FENSKE/BECK - MOVED FOR THE ADOPTION AND/OR APPROVAL OF THE RECOMMENDATIONS OF THE CONSENT AGENDA AS READ. (with the exclusion of items D. D1, E, F, G, and G1.)

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. Memorandum 03-137, Councilmember Fenske's Travel Report.

B. Memorandum 03-138, Councilmember Stark's Travel Report.

Planning Commission Chair Smith answered questions regarding Ordinance 03-38 and regarding the status of the impact standards for large stores.

Regarding grandfathering of existing signs: 21.60.150 Time of compliance--Nonconforming signs and signs without permits, subsection c. Nonconforming Existing Signs, last sentence: However, any nonconforming sign shall either be eliminated or made to conform with the requirements of this section when any proposed change, repair, or maintenance would constitute an expense of more than twenty-five percent of the lesser of the original cost or replacement cost of the sign. 21.64, Nonconformity, Section 21.64.010 Intent: When any lot, structure use or occupancy legally exists prior to September 28, 1982, but does not meet the requirements of Chapter 21.28 through 21.70, it shall be considered a non conforming lot, structure or use. Except as provided in chapters 21.28 through 21.70, non conformities may continue but may not be expanded beyond the present boundaries.

Mr. Smith advised that this has been interpreted to mean that nonconforming uses may continue without being struck down. Other amendments have been made to the sign code in the last four years that changed the size requirements on the Sterling Highway, Bypass area, and the Homer Spit. As a result of the size change there are signs, such as the First National Sign, that are nonconforming to the regulations and that have been in place for three years. There is nothing in the code that can be clearly interpreted to say that the City can make that business take that sign down.

Definition of structure is: (21.32.505), Structure means anything constructed or erected which requires location on the ground or attached to something having location on the ground but not including fences or walls used as fences.

The Planning Commission is working on the development standards. Last Wednesday the Commission reviewed all of the recommendations of the Large Store Impact Task Force and assigned a code section to these. They will continue to work on these, there is no final date set to get these to the Council.

PUBLIC HEARING(S)

A. Ordinance 03-43(A), Of the City Council Placing a Ballot Measure Addressing the Issue of Limiting the Size and Dimensions of Buildings Used Primarily for Retail or Wholesale Business on the October 7, 2003 General Municipal Election. Kranich/Ladd. (First Reading 07/28/03,Public Hearing and Second Reading 08/11/03. )

Ryjil Christianson, born and raised in Homer, testified that she does not support this Ordinance and that she is deeply concerned regarding this precedence. She asked if this means that every, somewhat controversial, issue will be put to an advisory vote. She stated taht she sees this as really slowing down the Council's work. She relayed her hope that the hours and hours of public testimony and the work of the Planning Commission would have been enough to influence a Council decision. She voiced her thinking that the Council understands their stance on this issue and that it is more than just a size cap, involving design standards. She asked the Council if they were just stalling, stated that the City does not have years to formulate a plan, and that it is time to look forward. She asked the Council to understand that Fred Meyer wants to come to town and asked the Council where they wanted to place Fred Meyer. She asserted that Fred Meyer needs to come here on Homer's terms, maybe the middle of town is not the best place for Fred Meyer. She voiced concern that the public may not understand that there is more to this issue than just a twenty thousand or forty thousand square foot cap. There are different areas of town where different things can be allotted. She noted that there is no mention, in the ballot questions, of putting a cap limit in the Central Business District and that the questions are very simple, yet the issue is not simple. She voiced her opinion that the Council is just simplifying things and looking for an easy way out. She shared her fear that those who wrote this Ordinance are just looking for an election to gain public support, not really looking at the issue and that Homer wants to plan its future and not drag its feet.

Jennifer Edwards voiced agreement with what was just said in terms of putting this issue out for a vote, that she is not in favor of this given that the design and impact standards have not been addressed nor has the independent economic analysis been addressed or considered. She expressed her thought that there has not been enough information so that the public can make an informed vote. She commented on the Homer News survey about whether or not people want a Fred Meyer to come, and that this is not enough information for people to really know everything involved in this complicated issue. She noted that if Fred Meyer wants to come and they will come when Homer is ready for them to come and when everything is in place as a community with the design and impact standards, and with the economic analysis. She drew Council's attention to the money section of the yesterday's Anchorage Daily News in a article about Walmart and how Walmart is now being used as an example in the business schools across the Nation. She relayed information:

That the article comments on the pros and cons about Walmart.

Walmart are smart businessmen.

Sam Walton certainly was a smart businessman. In books about Sam Walton it brings out his unethical practices and how he has stayed barely above the law in what he does. That he is deceitful in his practices, sliding in between counties and underneath regulations, ordinances, zoning codes and all of that.

When box stores come to town it ruins the down town area. This has been shown over and over and over again.

She asked that the vision be for Homer, for the future for Homer. She reported that when Walmart went to Germany and wanted to set up twenty stores, Germany said they could come and that they had to set prices the same as all of the other retail businesses in those towns. She suggested, if legal, that Homer do this consideration.

David Stutzer, being Swiss, commented about the Swiss and that the Swiss are not real progressive and are pretty traditional. He advised that, until about twenty years ago, several of the states in Switzerland still had a true democracy, that all the voting members of that state had to go down and raise their hands and vote on every ordinance that the state decided to enact, there was a show of hands, the majority won and it was enacted. He noted that in America a different tact was taken because America did not feel that was very efficient. In America representatives are elected to make the decisions for the citizenry. The citizenry votes for people they believe have good common sense, support their positions etcetera and, hopefully, that they are in the majority so the voter can get the things enacted that the voter wants enacted. He interjected acknowledgment that it does not always work that way. He asserted that his point is that the good people of Homer have elected this Council to make decisions for them. He declared that what the Council is proposing to do with this Ordinance is to spend the City's money for an election, ask the citizens to vote again to turn this really into an archaic democracy where everyone votes. As an advisory vote it is even more pointless to spend the money. He told that Council that what they are really saying is that they want the voters to say yeah or nay on the box store and this whole issue. He emphasized that this is a waste of money and that the Council is shirking their duty. This is the Council's responsibility to take the trust of the voters and make the decision. There have been reams of testimony and the Council has a very good Planning Commission that has advised them and that is working hard getting standards and information to the Council. He encouraged the Council to use the information they already have and go forth with the responsibility they are entrusted with from the citizens of Homer and do their duty. He thanked the Council.

Sharon Whytal, as a City resident, commented that the last four or five times she has been at the Council meetings she has encouraged the Council to slow down. She clarified that she did not mean to start all over by having a survey. She stated that she has learned a lot and did not want people, who have not been involved, to vote.

Sue Post thanked the Council, again, for the opportunity to speak. She stated that she has a lot of concerns regarding these questions going on the October 7th ballot, especially since this is an advisory vote and asked why since there has been sufficient public testimony, written and verbal, to assist the Council in making an informed decision. Council has been voted into their office to listen to the public, to learn about certain issues and best represent the constituency. She expressed her feeling that this issue is a huge one and that the proposed ballot measure is not going to work, it is too confusing, and there are a lot of people out there that are lost on this issue. She urged the Council to relax, slow down, wait for the standards to come in, they'll be hearing more public testimony, and to use the tools in front them, then. She submitted a petition on behalf of Maryclare Foeke for the Citizen Advocate for Planning, commented on June 9, 2003. She thanked the Council.

Jeanne Parker encouraged the Council to go back to end of June, agreeing that this is a very complicated issue, emotional and these questions are hard to figure out. She emphasized that there has been a lot of work put into this matter, it has been emotional, and heated. She voiced her pleasure, that at the last Council meeting, on how far people had worked through some of the things that Council has been dealing with and to finally be arriving at things that are going to work. She urged the Council to keep going in that direction, to work on the standards, work on the other things that need to happen, and that there is a good six months to do this. She objected to waiting until the October ballot, which dis empowers what the Planning Commission has done and they won't feel like working on the standards in a timely fashion. She acknowledged the Council's attempt to simplify these questions, but it is not clear and it is not simple and there is no question about the Central Business District, which is one of the main questions or concerns. There are two questions, what is happening in the Central Business District and what is happening in the City of Homer. She voiced a worry about the amount of money put in here to create sound bits and mis information, and there has been no economic study. She encouraged the Council to keep moving forward, keep working amongst themselves and with the Planning Commission and the public, and to keep doing what they are doing and not start over. She thanked the Council.

Steve Gibson testified that the proposal is well intentioned, but is usually occasioned in the absence of a lot of discussion or the opportunity for discussion. He commented that there may be a silent majority out there that some people are wishing to come, but those people have had a lot of opportunity to evidence themselves. He echoed comments about this issue being more complex than can be arrived at with the five proposed questions. He noted that, for instance, there is no opportunity for the plebiscite/electorate to come up with an opinion that substantiates the opinions of the Planning Commission validations of some of the Council. He asserted that this has the appearance of a political move rather than a genuinely democratically inspired proposal. He urged the Council to go with the testimony there has been on these issues and that he thinks it is important to delineate the difference between the Central Business District, General Commercial One District, and General Commercial Two District. He emphasized that it is important to understand the overall impetus of the testimony and voiced his hope that the Council listened to it. There is a great deal that weighs in the balance. There is a good chance that whatever large store will come here, be it Fred Meyer or any other, will come willing within the Council's terms and that they do not need to be beaconed. It is important to set those terms ahead of time, including the standards. He told the Council that it would grieve him a lot if the Council came to those standards before acceptance or rejectance just based on the plebiscite.

KRANICH/LADD - MOVED FOR THE ADOPTION OF ORDINANCE 03-43(A) BY READING OF TITLE FOR SECOND AND FINAL READING.

For the ballot:

The Homer City Council is considering a proposed ordinance that would place limits on the size of buildings used for retail and wholesale businesses in all zoning districts of the City where such businesses are allowed. The City Council asks for your advisory vote on the following questions relating to the proposed ordinance:

1. Should the City Council enact an ordinance that would place maximum size limits on the size of buildings used for retail and wholesale business?

Yes___ No___

2. If an ordinance limiting the size of such buildings is enacted, and the choice of size limitations is either 20,000 square feet or 40,000 square feet, which size limit should be enacted?

20,000 sq. ft.___ 40,000 sq. ft.___

3. If a size limitation of 20,000 square feet is enacted, should the City Council also enact a provision that would allow a building to exceed that size if it meets certain conditions and standards intended to minimize the negative impacts that a larger structure might have on the community? Yes__ No___

4. If a size limitation of 40,000 square feet is enacted, should the City Council also enact a provision that would allow a building to exceed that size if it meets certain conditions and standards intended to minimize the negative impacts that a larger structure might have on the community? Yes__ No___

5 Should conditions and standards intended to minimize negative impacts be extended to all buildings used for all purposes? If such building size limitations are enacted, should the limits extend to all buildings used for all purposes (not limited to retail and wholesale business)?

Yes___ No__

Council comments: Placing these advisory questions on the Regular Municipal ballot would be of minimal cost to the City and the votes will be tallied by the Accuvote Unit system. The Planning Commission was wholeheartedly encouraged to work on the standards. It will be two to three months before the standards come to the Council. The advisory vote would not affect what the Planning Commission is doing. This is a significant issue and Council should ask all of the registered voters within the City limits what they think. Ordinance 03-25(S)(A), regarding size limits, is in effect right now. Different areas within the City probably do need different standards. Resolution 03-109 was mentioned and the questions contained therein:

The Homer City Council has approved a temporary ordinance stating that no retail business, wholesale business, or a combination of the two, shall exceed 20,000 square feet of floor area in the Homer Central Business District Lake Street, Pioneer Avenue, and the Sterling Highway (By Pass) surround the Central Business District The provisions of the temporary ordinance shall lapse in six (6) months or upon the City Council adopting standards and procedures for construction of retail and wholesale buildings with 20,000 square feet or more of floor area. The City Council asks for your advisory vote on the following questions:

1. Should the City Council enact an ordinance that would place maximum size limits on the size of buildings used for retail and wholesale business in the Homer Central Business District?

Yes __ No ___

2. If a retail or wholesale building size limitation is enacted, and if the development size limitation standard is either 20,000 square feet or 40,000 square feet, which size limit should be enacted?

20,000 sq. ft. ___ 40,000 sq. ft. ___

STARK/LADD - MOVED TO AMEND TO ELIMINATE QUESTIONS THREE AND FOUR OUT OF THE FIVE QUESTIONS ON THE PROPOSED BALLOT.

The amendment was discussed briefly.

VOTE: (primary amendment 1.) YES: KRANICH, BECK, FENSKE, LADD, YOURKOWSKI, STARK.

Motion carried.

KRANICH/LADD - MOVED TO AMEND QUESTION NUMBER TWO, TO ADD DIVISIONS TO ALLOW THE INDICATION FOR SIXTY THOUSAND AND EIGHTY THOUSAND SQUARE FEET.

1. Should the City Council enact an ordinance that would place maximum size limits on the size of buildings used for retail and wholesale business?

Yes___ No___

2. If an ordinance limiting the size of such buildings is enacted, and the choice of size limitations is either 20,000 square feet or 40,000 square feet, or 60,000 square feet or 80,000 square feet which size limit should be enacted?

20,000 sq. ft.___ 40,000 sq. ft.___ 60,000 sq. ft. ___ 80,000 sq. ft. ___

The amendment was discussed.

VOTE: (primary amendment 2.) YES: KRANICH, LADD.

NO: STARK, BECK, FENSKE, YOURKOWSKI.

Motion failed.

Councilmember Yourkowski called for the question and there was objection.

Survey results, general size of Fred Meyer stores and etcetera were mentioned.

Councilmember Yourkowski called for the question and there was objection.

There was a brief comment about an advisory vote inferring that the Council is locked into the result.

YOURKOWSKI/BECK - MOVED TO CALL FOR THE QUESTION.

VOTE: (call for the question) YES: UNANIMOUS CONSENT. NON OBJECTION.

Motion carried.

VOTE: (main amended motion) YES: LADD, STARK, KRANICH.

NO: BECK FENSKE, YOURKOWSKI

TIE VOTE: MAYOR: NO.

Motion failed.

B. Ordinance 03-44, Of the City Council of Homer, Alaska Accepting and Appropriating a Grant of One Hundred and Sixty Seven Thousand Dollars ($167,000.00) from the Transportation and Security Administration (TSA) for Security Gates at the Port of Homer and Authorizing the City Manager to Execute the Appropriate Documents. P/H. City Manager. Fiscal Note: Revenue and Expenditure Acct. 415-915. (First Reading 07/28/03, Public Hearing and Second Reading 08/11/03. )

There was no public testimony.

KRANICH/LADD - MOVED FOR THE ADOPTION OF ORDINANCE 03-44 BY READING OF TITLE

There was no discussion.

VOTE: YES: LADD, STARK, KRANICH, BECK, FENSKE.

NO: YOURKOWSKI.

Motion carried.

C. Ordinance 03-45, Of the City Council of Homer, Alaska, Accepting and Appropriating a Matching Grant of One Hundred and Twenty Seven Thousand Three Hundred and Two Dollars ($127,302.00) from the Environmental Protection Agency (EPA) and Authorizing the City Manager to Execute the Appropriate Documents. Planning. City Clerk. Fiscal Note: Revenue and Expenditure Acct. 151-387. (First Reading 07/28/03, Public Hearing and Second Reading 08/11/03. )

There was no public testimony.

LADD/KRANICH - MOVED FOR THE ADOPTION OF ORDINANCE 03-45 BY READING OF TITLE.

It was noted, as under Agenda Approval that staff requests that second reading be postponed until, at least, August 25th, to get the corrected grant information from EPA.

Council noted that this grant does provide GIS training for staff and that GPS is drastically need in this City with steep slope issues. This will be very helpful with the water and sewer master plan.

The City Manager, in response to the Council, clarified that there is no overlap between this grant and the money for the Water and Sewer Master plan for the training, that there is some overlap with the equipment. Some of the items have a match that the City is paying and this works out to be a match for both grants.

LADD/STARK - MOVED TO POSTPONE COUNCIL ACTION UNTIL SUCH TIME THAT THE ADMINISTRATION HAS THE PROPER GRANT DOLLARS.

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

Motion carried.

D. Ordinance 03-46, Of the City Council of Homer, Alaska Accepting and Appropriating Reimbursable Funds from the United States Coast Guard for Berth Modifications at Pioneer Dock, and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Finance. PWD. Fiscal Note: Revenue and Expenditure Acct. 415-914.(First Reading 07/28/03, Public Hearing and Second Reading 08/11/03. )

D.1. Ordinance 03-46(S), Of the City Council of Homer, Alaska Accepting and Appropriating Reimbursable Funds from the United States Coast Guard for Berth Modifications at Pioneer Dock, and Authorizing the City Manager to Execute the Appropriate Documents Including the Lease. City Manager. Finance. PWD. Fiscal Note: Revenue and Expenditure Acct. 415-914.(Public Hearing and Second Reading 08/11/03.)

There was no public testimony.

FENSKE/LADD - MOVED FOR THE ADOPTION OF ORDINANCE 03-46 BY READING OF TITLE.

FENSKE/LADD - MOVED FOR ADOPTION OF SUBSTITUTE ORDINANCE 03-46(S) BY READING OF TITLE.

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

The substitute recognizes the lease. The City Manager elucidated the reason for including the verbiage referring to the lease so that it is very clear what the execution of the documents includes. He advised that this is a new lease, Council approved an amendment to the berthing lease, which included all of the Coast Guard items and gave the City the authority to spend money in advance for the improvements. Only seven hundred and fifty thousand was authorized. This lease increases the amount to one point three million dollars. Since that time the Coast Guard thought it made sense to combine the two leases, the original and amendment. The attached lease includes the original lease and the amendment, the authority for expenditure of one point three million dollars and the repayment plan so that the City is reimbursed quickly. This lease does include the metal building.

Motion carried.

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

Motion carried.

ORDINANCE(S)

A. Ordinance 03-38, Of the City Council of the City of Homer, Alaska Amending the Sign Code, Chapter 21.60 of the Homer City Code. Planning. (First Reading 06/23/03, Public Hearing 07/28/03, Second Reading 08/11/03.)

FENSKE/BECK - MOVED FOR THE ADOPTION OF ORDINANCE 03-38 BY READING OF TITLE FOR SECOND AND FINAL READING.

Councilmember Fenske thanked Planning Commission Chair Smith for coming to the meeting and for speaking to the Council.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Ordinance 03-39, Of the City Council of the City of Homer, Alaska Amending Homer City Code 21.32 Definitions, 21.32.080 Building Height; HCC 21.50 General Commercial 2 District, 21.50.030 (q) Conditional Uses and Structures, 21.50.050 (b)(3) Dimensional Requirements; HCC 21.52 Marine Commercial District, HCC 21.52.050 (c) Dimensional Requirements; HCC 21.53 Marine Industrial District, HCC 21.53.050 (b)(2) Dimensional Requirements; and Deleting HCC 21.60.210 Height Regulations Exceptions (b). Planning. (First Reading 06/23/03, Public Hearing 07/28/03, Second Reading 08/11/03.)

FENSKE/YOURKOWSKI - MOVED FOR THE ADOPTION OF ORDINANCE 03-39 BY READING OF TITLE.

Council inquired regarding the change in the GC2 from sixty five feet to thirty five feet.

Mayor Cushing called for a recess during deliberations at 9:07 p.m. to answer a question regarding the building height change in the general commercial districts and reconvened the meeting at 9:22 p.m.

Planning Commission Minutes of April 16, 2003: "Chair Smith said the building on slopes with the Fire Department's recommendations that 50% of the perimeter of the building would be less than 35 feet from accessible grade may need to be addressed. It could be amended to acknowledge a building on an accessible grade part would be in the recommendation, but if the rest of the building does not exceed that elevation it may be more than 35 feet above grade but would still meet the requirements."

Councilmember Yourkowski reported that Planning Commissioner Chesley advised that in Section 3, under conditional uses and structures for the GC2 district it was amended to add: Building Height. Buildings with a height greater than thirty-five feet and less than fifty-five feet.

There was a brief discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

C. Consent Agenda Item D. Ordinance 03-48, Of the Homer City Council Amending Homer City Code Section 1.24.040, Bylaws for Council Procedure, Subsection (d) Regular Meetings, Time from 7:30 p.m. to 6:30 p.m. Beck. Recommend introduction and conduct Public Hearing and Second Reading on August 25, 2003.

BECK/YOURKOWSKI - MOVED FOR THE ADOPTION OF ORDINANCE 03-48 BY READING OF TITLE FOR INTRODUCTION AND FIRST READING.

BECK/KRANICH - MOVED TO AMEND TO READ REGULAR MEETING TIME TO 7 P.M.

Councilmember Beck elucidated the reason for bringing the meeting time change forward that is due primarily to the meetings going so late and Councilmembers, staff and the public getting exhausted. She made the amendment due to Councilmembers expressing commitment to be more concise in their deliberations.

Council discussed the meeting time and how it would affect the public's attendance and in person comment/testimony ability. The Committee of the Whole times as proposed were discussed, as was the current time of 4 to 6 p.m. and possibly making a change to 6 p.m. It was noted that a lot of good discussion takes place at the Committee of the Whole and many people just can't get out of work at 4 p.m., therefore, the public is not hearing the discussions Council has on the agenda items such as this one. It may be wise to bring the Committee of the Whole time closer to the regular meeting time to facilitate better public attendance and perhaps only once a month prior to a Regular Meeting. Brown bag luncheons used to be scheduled prior to the Council meetings, although good these were not effective in that the time made it difficult to attend. If there is a need for a special session or work shop these can be scheduled in addition to the Committee of the Whole meetings.

Mayor Cushing interjected his opinion that a later afternoon/early evening time for the Committee of the Whole would be better for the public and the Council.

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

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

Motion carried.

C1. Consent Agenda Item D.1. Resolution 03-, Of the City Council Amending Council's Operating Manual, Section 3. Policies of the City Council, to Amend the Meeting Time for Committee of the Whole, from 4 p.m. to 6 p.m. to 2:30 p.m to 5 p.m. Beck. Follows same schedule as Ordinance.

D. Ordinance 03-49, Of the City Council of Homer, Alaska, Accepting and Appropriating a Grant of $80,914.12, Fisheries Revitalization Aid, from the Alaska Department of Community and Economic Development for Port/Harbor Restrooms and Authorizing the City Manager to Execute the Appropriate Documents. Finance. P/H. City Manager. Fiscal Note: From Port Reserve Fund to Expenditure Acct: 415-374. Recommend introduction and conduct Public Hearing and Second Reading on August 25, 2003.

LADD/YOURKOWSKI - MOVED FOR THE ADOPTION OF ORDINANCE 03-49 BY READING OF TITLE.

Council discussed the allocation of the $80,914.12. It was noted that Council did not have to accept this money, in that it was received carte blanche. Council inquired if there were some other projects this money could be better utilized for, adding that they did agree that the funds should be used at the harbor area since this came from fisheries revitalization aid. There was some discussion that for at least four or five years the public restrooms at the port/harbor area have been at issue.

Mayor Cushing recalled the Port/Harbor Commission asking the Council about repairing the Old Main Dock for public use and he specifically mentioned their comments regarding railing. He suggested that this could be a consideration for use of these funds.

City Manager Wrede concurred with a more formal process for the use of these funds, affirmed that the funds may be used for any governmental project, however, that staff felt that these funds, since it is based on loss from raw fish tax money, should be placed in the port/harbor funds. He advised that a restroom, essentially bomb proof, at the harbor has a very high cost and that this $80,914.12 could be used for matching funds to build another restroom.

YOURKOWSKI/FENSKE - MOVED TO AMEND ORDINANCE 03-49 DELETING OUT OF THE TITLE FOR PORT AND HARBOR RESTROOMS AND THE FOURTH WHEREAS CLAUSE, OUT OF THE APPROPRIATION LINE.

WHEREAS, The City of Homer deems it essential that these fisheries funds be allocated to the Port and Harbor for restrooms.

NOW, THEREFORE, the City of Homer Ordains:

Section 1. That the Fisheries Revitalization Aid grant is hereby accepted and appropriated in the amount of $80,914.12, as follows and that the City Manager is hereby authorized to execute the appropriate documents:

Account No. Description Amount

Revenue: Fisheries Revitalization Aid $80,914.12

Port Reserve Fund

Expenditure: Port/Harbor Restrooms $80,914.12

415-374

Council recommended that the Port/Harbor Commission develop a list of projects for the utilization of these funds.

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

There was no further discussion.

VOTE:(main amended motion) YES: BECK, FENSKE, YOURKOWSKI.

NO: KRANICH, LADD, STARK.

TIE VOTE: MAYOR: NO.

Motion failed. This is to be forwarded to the Port/Harbor Commission to develop a project list for Council's consideration.

CITY MANAGER'S REPORT

A. City Manager's Report (Updates/Follow Up, August Employee Anniversaries (Rusty Cheney PWD - 20 yrs, Steve Dean PH - 15 yrs, Bonnie Judge PH - 13yrs, Dan Gardner PWD - 12 yrs, Scott Elmer HFVD - 10 yrs, Susan Gibson Library - 9 yrs, Kathy Pankratz Library - 9 years, Joe Hamilton HPD - 7 years, Carey Meyer PWD - 4 years, Bob Kosiorek PWD - 1 year, Roger Cornett HPD - 1 year.), Agriglobal/Loading of Elemental Sulfur/Correspondence, Port/Harbor Director Letter/Corp of Engineers (COE) - Harbor Entrance Erosion, Letter to COE/Harbor Expansion Project, South Peninsula Hospital Letter and Rest from Charlie Franz & Board/Smoking in Public Places, Public Works Director/Memo Regarding Library.)

A.1. Memorandum from City Planner, Recap of August 6th Planning Commission Meeting.

B. Games Report.

City Manager Wrede advised that he would like to clarify a few things:

Letter to the COE regarding the harbor expansion project - this letter could be read to mean that the City is already agreeing to get into a cost share arrangement with the COE. That is not the case. The COE was just appropriated another one hundred thousand dollars from Congress to do a general investigation study. The COE is going to spend this money first to continue with scoping work and with other feasibility work. Until that money is expended and until the City actually signs a cost sharing agreement, which of course the Council would be involved in, there is no cost share. He emphasized that, by sending this letter, all he was doing was indicating that it is the City's intent to consider getting involved in cost sharing and that the City wants the COE to continue on with the feasibility work and spend the one hundred thousand dollars that they have for this project.

Driveway Paving/Pioneer Avenue - this is something that several Councilmembers have discussed with him, most recently Councilmember Beck. He acknowledged that this is something Council has discussed on and off over the years. He asked for guidance from the Council if this is something they would like to pursue at this time? He suggested speaking to all of the business owners first, to try to gage the level of interest. If there is interest then he would get together with the Public Works Director to figure out some of the engineering considerations and some of the other details and then come back to the Council with some sort of recommendation on whether to do this and the best way to go about it.

Councilmembers Stark indicated a desire to hear more about the paving project, adding that he hears a lot of comments by people who are opposed to larger stores that they do not want to see paved parking lots. He voiced a concern about the legalities of spending money for private purposes. He stated that with the one paragraph item he is totally unable to say yeah or nay. He asked the Manager to consider the legalities and the appropriateness when the City funds are less than munificent, at this time, adding that it will be worse in the future.

Councilmember Beck stated that her main concern is that this is a health issue, that the air quality in this community gets so nasty when the winds come up. There is a senior center right in the heart of town and the dust that comes off of the parking lots on Pioneer Avenue makes it pretty horrific sometimes to breath. Given that there is a scheduled 2005 or 2006 updated of Pioneer Avenue this should be explored so that it does not creep up too late to get public input or input from the business owners on Pioneer Avenue. She asked for more information, adding that she would like to know what people and business owners think, what it would cost, and how it could be integrated with the Pioneer Avenue Project.

Councilmember Ladd commented that the parking lot paving on Pioneer Avenue was discussed with the previous City Manager and the possibility of the City arranging for low finance/interest rates for the business owners. He voiced agreement that it is a health issue. He relayed a comment from a person visiting here from White Horse who indicated that they love the community, the Spit, the scenery, but not the dirt on the main paved roads. It is important to communicate with the Chamber of Commerce and the businesses to see if there is a need for assistance. He also commented about the gateway overlay, and that for planning the issues of traffic, pedestrian access, and trails are extremely important. He voiced concern regarding the Deep Water Dock Corrosion Control that this project is becoming more and more expensive and that this dock is just falling apart. Councilmember Ladd voiced his opinion that the City is in this mess, with the corrosion, due to going the cheaper route to begin with. When looking at the seawall "we" opted for the cheaper material there as well. He stated that "we" need to make sure to use the right materials and cheaper is not always best.

Councilmember Kranich suggested the possibility of using the LID process for the parking lot paving along Pioneer Avenue.

Mayor Cushing interjected; at one hundred percent participation.

City Manager Wrede responded to the concerns about the corrosion control, advising that Public Works Director Meyer is exploring less expensive ways to do the corrosion control on the Deep Water Dock. The Corrosion Control Study identified a Cadillac plan to do it all in one shot using high tech equipment. He advised that the plan is to try to do this less expensively with local divers, attaching anodes when possible and to try to phase in the work.

Councilmembers commented that something needs to be done this year on the Deep Water Dock Corrosion Control.

Councilmember Fenske commented on the Animal Shelter item in the report and the sentence about meeting with the SOS folks to discuss the shelter design and what steps need to be taken to finalize that.

City Manager Wrede reported on the Animal Shelter project in general and that there might be some opportunities to revisit the airport location and that he has not gotten into this with any great detail. DOT has been approached about having the Animal Shelter on airport property. He advised that the first reaction was kind of positive, but no details have been discussed. In the mean time, the City Manager stated that he would like to see and has asked SOS to get together with the Public Works Director and start working on whatever modifications they would like to see to the design. He relayed that he has apprized SOS that the Council does not want to start over from square one since there has been a whole lot of money spent on architecture.

Councilmember Fenske commented that at the time the plans were developed, predominately off of the Kenai Animal Shelter plans, there was quite a bit of discussion on how to make this fit on the current site. A Homer Veterinary, Pat Moss and Sherry Bess have stated that there were some design flaws as far as ventilation and space utilization. He voiced his opinion rather than a committee, such as SOS, that there be professionals, who have specific ideas of the utilization of that space, advising the City.

Councilmember Ladd noted that Bill Kluge designed the Animal Shelter and wondered if it isn't appropriate that the location be known before going further with design.

City Manager Wrede agreed that space utilization is the biggest concern. There had been concern that the expectations of the Animal Shelter people far exceeded the City's funding ability and City Code responsibilities. There are some things the group wants that are not needed.

There were few brief comments along the same lines as noted herein.

COMMITTEE REPORT

A. Beach Policy Committee, synopsis of July 22 and August 5, 2003.

Councilmember Fenske reported on the board meeting at the Kachemak Bay Branch of the Kenai Peninsula College. He advised that the plan is for the current campus, adjacent to City Hall, to expand on the south side and into the parking lot area, about eight thousand square feet. There are about two and one half acres in the trailer park, purchased by the College, that will utilized for parking and green space. The purchase of City Hall was discussed, the concern was with the lay out of City Hall, that it would cost as much to redesign to get the maximum use, as to expand. In an accompanying letter it stated that the Board wanted the Regents to consider the purchase of City Hall property if and when it becomes available for the purpose of adding to the campus complex due to City Hall's location. He stated that he would like to attend the Board of Regents meeting on September 17 and 18th in Palmer as the City's Representative. He will submit a report for the next Council meeting.

Mayor Cushing voiced his support for Councilmember Fenske attending this meeting.

PENDING BUSINESS

NEW BUSINESS

A. Executive Session, if approved under Consent Agenda, pursuant to AS §44.62.310(c)(1), Matters, the Immediate Knowledge of which would Clearly have an Adverse Effect upon the Finances of the Government Unit. (Ocean Drive Loop Bluff Erosion Control Project and UA Negotiations.).

If Executive Session was approved under the Consent Agenda - Mayor recess to Executive Session.

Conducted as last item on the agenda prior to adjournment.

RESOLUTIONS

A. Resolution 03-102, Of the Homer City Council Assenting to Alaska Department of Transportation and Public Facilities' Installation of Traffic Signals on the Sterling Highway in Homer at Lake Street at this time and at Pioneer Avenue and at the Entrance to Alaska Islands an Ocean Visitor Center when Warranted by ADOT & PF Traffic Analysis and Asking for Speed Survey on Sterling Highway. Mayor, Stark. Recommend adoption.

Memorandum 03-117, from Councilmember Stark, backup.

STARK/FENSKE - MOVED FOR THE ADOPTION OF RESOLUTION 03-102 BY READING OF TITLE.

Councilmember Stark noted that this is the third time this year this item has come to the Council and that each time it has been more urgent that the Council assent to the recommendation of ADOT to install a traffic signal at the intersection of Lake Street and the Sterling Highway. ADOT appeared before the Council and said that the signal met the warrants for the installation and that most of the facility is in place for duct work under the road and the equipment that would hold the signals. In addition, he advised, that he has included the signal at the entrance to Islands and Oceans for a pedestrian crossing and left hand turners and this location is halfway between the Pioneer Avenue and Lake Street intersections at the Sterling Highway. He expressed his opinion that this would also be DOT's recommendation once the information is received from the traffic study. He commented about the information in his memorandum: In many ways the 35 pages of free-form comments in last November's Citizen Survey were more interesting than the survey question results because they were unsolicited and basically came from the heart rather than from checking boxes. The top five comments tabulated concerned desire for a Fred Meyer or Wal Mart (31 responses), junk in Homer (28), water and sewer rates (23), need for traffic signals (21) (remember that the survey was in November - a low traffic month), and sidewalks, crosswalks, and trails (19).

Mayor Cushing called for a recess at 10:23 p.m. reconvening the meeting at 10:38 p.m.

City Manager Wrede was asked to report, every meeting, on the status of the DOT Traffic Study.

Mayor Cushing read portions of Resolution 03-31(S), traffic study request, the reason he signed onto this Resolution was to provide Council the opportunity to get more comprehensive and to make the statement that no one wants an injury that could have been avoided.

Discussion ensued.

YOURKOWSKI/BECK - MOVED TO POSTPONE UNTIL THE TRAFFIC STUDY IS COMPLETE.

The merits of postponement were discussed.

VOTE:(postponement) YES: LADD, YOURKOWSKI, BECK, FENSKE.

NO: STARK, KRANICH.

Motion carried.

B. Resolution 03-108, Of the Homer City Council Confirming the Assessment Roll, Establishing Dates for Payment of Special Assessments, and Establishing Delinquency, Penalty and Interest Provisions for the Forest Glen Water and Sewer Assessment District. City Clerk. Fiscal Note: Fiscal Note: 50% of Revised Project cost of $606,046.44 (303,023.22) is paid by HAWSP and 50% by property owners assessments. Each parcel is assessed $10,100.77.

Memorandum 03-136, from City Clerk, Re: Forest Glen Water and Sewer Assessment District, Subdivide expenditures.

YOURKOWSKI/FENSKE - MOVED FOR THE ADOPTION OF RESOLUTION 03-108.

YOURKOWSKI/FENSKE - MOVED TO AMEND TO INCLUDE THE RECOMMENDATIONS OF MEMORANDUM 03-136.

Recommendation of Memorandum 03-136: To recognize expenditures by the subdividers for water and sewer stub outs and reimburse those costs as would have normally been associated with the project and of which the rest of the property owners received. Imhoff - $5,331.06, Needham - $8,970.00 invoiced.⁽¹⁾ Baines - $Fiscal Note: funded via HAWSP.

Councilmember Kranich objected to the credit.

The project, assessments, and subdividing were discussed.

Public Works Director Meyer and City Clerk Calhoun elucidated the situation. The Imhoff service amount, although included in the project amount was deleted from the other property owner assessments. Everyone in the District received services as part of their assessments except for Baines, Imhoff and Needham.

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

Motion carried.

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

Motion carried.

C. Resolution 03-109, Of the City Council of Homer, Alaska, Placing a Ballot Measure Addressing the Issue of Size of Retail and Wholesale Buildings in the Homer Central Business District on the October 7, 2003 General Municipal Election. Ladd.

NOTE: IF ORDINANCE 03-43(A) is adopted this resolution need not be considered.

LADD/STARK - MOVED FOR THE ADOPTION OF RESOLUTION 03-109 BY READING OF TITLE ONLY.

Councilmember Ladd advised that the whole purpose is to get an advisory vote.

VOTE: YES: KRANICH, LADD, YOURKOWSKI.

NO: BECK, FENSKE, STARK,

TIE: VOTE: MAYOR: NO.

Motion failed.

D. Resolution 03-110, Approving and Adopting a Memorandum of Understanding (MOU) Between the City of Homer and the Homer Hockey Association (HHA) Regarding Collaboration of the Construction of a Proposed New Ice Hockey/Multi Purpose Facility. City Manager.

Memorandum 03-139 from City Manager Wrede, with the revised MOU with the Homer Hockey Association.

LADD/YOURKOWSKI - MOVED FOR THE ADOPTION OF RESOLUTION 03-110 BY READING OF TITLE.

Councilmember Ladd stated that he has a lot of questions. He voiced a preference for the wording to change all references in the MOU to ice hockey, to be general ice related activities.

LADD/BECK - MOVED TO AMEND THE NOW THEREFORE BE IT RESOLVED CLAUSE TO INSERT, "AS DISCUSSED".

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

Motion carried.

The City Manager is authorized to make the changes in the MOU as discussed.

Councilmember Beck inquired if the City Attorney had reviewed the document. She wondered if this MOU was premature.

City Manager Wrede advised that he reviewed the attached lease and that he is reviewing the verbiage regarding the purchases.

Discussion continued.

Since its re-organization in 1992, the Homer Hockey Association (HHA), together with hundreds of parents and volunteers, have battled valiantly to sustain a skating and ice hockey program against the obstacles of very limited facilities and unreliable ice due to mild weather periods. HHA has dreamed for many years about building a new indoor or covered ice arena with reliable ice in Homer. HHA has taken the lead in spearheading an initiative to build such a facility by searching and evaluating land sites, naming a project manager and holding a variety of fund-raising events.

The City of Homer seeks to promote the development of recreational and cultural activities within the community. It has demonstrated strong support for this project over the years. This support has included placing the project on the City's CIP and Federal Project Request lists, grant-writing and general fund-raising support, direct appropriations, procurement of used equipment, and coordination with the Arctic Winter Games Committee. The City anticipates that the new facility, when constructed, could be used for other activities and events in the spring and summer months.

As a community service, Homer Electric Association (HEA) decided to make a centrally located land parcel available to HHA for an indoor ice rink on terms which would allow the Association to postpone land purchase costs until after needed site work and facility costs were paid. Accordingly, on March 7, 2002, HEA as Lesssor entered into a Lease Agreement ("Lease") with HHA as Lessee for Lot 2, Waddell Park 2000 Subdivision in Homer - ideally located for community recreation and other community activities. On the same day, the parties also entered into a Real Estate Contract ("Purchase Agreement") in which HEA sells the property to HHA on or before March 7, 2009. Copies of these agreements are attached to this Memorandum.

The City and HHA share the common goal of constructing a new ice hockey/multi-purpose facility in Homer. In the course of planning programs for this new facility, it became clear to the City and to HHA that a more formal, structured partnership was in order. Both parties recognize the value in coordinating their efforts in order to promote efficiency and maximize the use of limited resources.

Purpose of This Memorandum

The purpose of this memorandum is to specify terms under which the City and HHA will collaborate in facility planning (including engineering, final design, and permitting), fund-raising, constructing, and operating a multi-use facility. The anticipated uses include ice skating and hockey from September through March and general recreational and community uses from April through August.

City Manager advised that the Council is being asked to consider purchasing the property. Within the MOU are responsibilities:

These are the specific terms of the MOU.

City of Homer Responsibilities:

1. The City will assume responsibility for both the lease and purchase agreement and work with HEA and HHA in securing appropriate funding for the purchase of the land described in the real estate contract referenced above. While it is understood that it is the intent of the City to purchase this property, certain prohibitions in municipal law limit the City's ability to make a full commitment to do so at this time. As a consequence, the City reserves the right to re-negotiate the lease and/or purchase agreement with HEA for the purpose of developing new language with respect to the proposed purchase by the City.

2. The City will ultimately assume ownership of the land and all improvements thereon.

3. The City will assume primary financial management responsibility for all aspects of the project. This may include, but is not limited to, holding and investing funds dedicated to the project, management of construction contracts, M&O costs, insurance, staffing, utilities, depreciation, and related items.

4. The City will assist in the fund-raising effort by providing staff support and grant-writing technical assistance. The City will also make a concerted effort to secure funding through the Arctic Winter Games capital campaign and through lobbying state and federal officials.

5. The City will be responsible for the engineering, preparation of plans and specifications, and construction of all Waddell Way improvements.

6. The City will work with HEA to secure the additional 30 feet of right-of-way required for the Waddell Way improvements.

7. The City will be responsible for engineering, preparation of plans and specifications, and construction of all infra-structure required to furnish water for potable and fire protection uses and to convey waste water from the newly constructed facility or facilities to the existing sewerage collection system.

8. The City will maintain Waddell Way, maintain the water and waste water systems servicing the site, and remove snow from Waddell Way, access driveways and parking lot servicing the site.

HHA Responsibilities:

1. HHA will assume primary responsibility for fund-raising and for the public relations, education, and publicity campaign.

2. HHA will assume primary responsibility for the facility plan, including its design, engineering and construction, but not including items 5, 6 and 7 under Duties and Responsibilities of the City of Homer. HHA will also assume primary responsibility for permitting activities.

3. HHA will provide technical assistance to the City and be a partner in all aspects of the project, including finance, construction, operations, and maintenance.

4. HHA will be the primary tenant of the facility from September through March.

5. HHA will reimburse the City for water and sewer service HHA uses during the ice-skating and hockey season.

6. HHA will pay Homer Electric Association for electrical service charges incurred during the ice-skating and hockey season.

7. HHA will be responsible for all solid waste collection and disposal and other maintenance activities during the seven months of the ice skating/hockey season.

Joint Responsibilities

1. HHA and the City will collaborate on developing and approving all building and site plans necessary to make the specific site improvements required for the facility. Site improvements include necessary excavation, placement of gravel, placement of necessary sub-surface drain tile, construction of the ice rink, construction of ancillary buildings needed for ice rink operation, and final grading. These improvements will be subject to all applicable local, state and federal laws consistent with the requirements of the Arctic Winter Games. These improvements will also be made in a manner which complies with current DEC requirements to monitor soils and/or groundwater for the presence of residual contamination. A committee will be established to review and approve all plans, designs, and specifications. This committee will include at a minimum the City Manager, the Public Works Director, Finance Director and at least 3 members appointed by HHA.

2. The City and HHA will collaborate on any site or facility improvements necessary to provide for anticipated activities at the facilities that are unrelated to skating or ice hockey.

3. The City and HHA will draft an agreement to be incorporated herein which addresses the allocation of potential revenues from rents, concession contracts, and the like that may accrue after the facility is constructed.

4. The City and HHA will develop a working agreement with respect to the planning and scheduling of activities and events at the facility. In general, the City will be responsible for planning and scheduling activities in the facility during the months of April through August. HHA will be responsible for planning and scheduling activities in the facility from September through March.

Item 1 under joint responsibilities, last sentences: "A committee will be established to review and approve all plans, designs, and specifications. This committee will include at a minimum the City Manager, the Public Works Director, Finance Director and at least 3 members appointed by HHA."

Council voiced consensus that they would like the recommendation to come to the Council for approval.

Harry Rasmuson, President of HHA, clarified the HHA role as noted in the MOU. He advised that the whole intent has been to work together with the City to ensure that HHA and the City are speaking as one voice and to ensure things are being done cooperatively and harmoniously. The whole intent of adding the joint responsibilities is to make sure that nobody works in isolation, therefore, everyone will be kept informed on whatever building plans and processes are being done. He emphasized that HHA has absolutely no objection to the City Council getting involved, therefore, concurs with Councilmember Ladd's suggested regarding the Committee recommendation going to the Council.

He informed the Council as to why this MOU is in front of them. Since December of 2002, with the assistance of the City Manager's Administrative Assistant Anne Marie Holen, approximately two million dollars worth of grant proposals have been submitted to various agencies. Most of these grant agency's applications are fifty to one hundred pages long. He stated that Anne Marie Holen is a very valuable City employee. The granting agencies review the viability of the organization, the sustainability of the organization, about HHA working with the City and have many pointed questions that have to be answered, therefore, it requires HHA to have a tighter infra structure. The agencies want to know that the money will be well spent, that it is providing for the purpose for which the money is requested. HHA received a letter on July 10th from the Rasmuson Foundation elucidating their two tier process; tier one is the review of the application and if they like that then they ask for a full proposal for tier two. This is for a grant of eight hundred thousand dollars from the Rasmuson Foundation. The tier one proposal was accepted. The tier two proposal will be submitted the end of next week, if the like the tier two proposal they will meet in late fall and act upon that tier two proposal. He advised that this is HHA's second or third attempt at a Rasmuson Foundation grant. Grant applications for four hundred thousand dollars have been submitted to Paul Allen and Murdock and both have asked for the full requests. HHA has spent many hours answering questions, looking at infra structures, filling out proposals and have looked closely at how to manage the facility. This MOU provides for HHA to run the facility from September to April and would be in charge of whatever expenses, repairs, maintenance and whatever the situation. He advised that HHA would pretty much do ice related activities. April comes the ice goes off, it's turned over to the City. The City will inherit a facility to conduct summer activities and a parking lot of one hundred spaces. Mr. Rasumson noted the central location of the facility. He stated that this is a very nice honey moon deal for the City to take advantage of this and that Homer Hockey does not aim for any upkeep during the off season when there is no ice in the facility. This should serve both parties well and makes sense on both ends. He voiced his opinion that the granting agencies understand that. HHA is also looking at building a bare bones facility, that is efficient, that is big enough, does not exceed any City Codes height limits, is not asking for any exceptions and that they are ready to go. HHA has a draft of the building. The granting agencies want everyone in this together. The estimate for the project is one point three or one point four million dollars. Arctic Winter Games is money that is out there and this is one of their capital improvement sites. There will probably be money for the walls. He commented on the purchase of the property being a "viable thing that could be done". He stated, at this point, that when this memorandum goes through, then some areas of ground work could be started. The site is there, the project manager has looked at the costs and HHA is ready to move. He asserted that the most important thing is to have agreement and if there is something the Council does not want in the MOU, that does not fit Council's needs then he suggested that the Council scratch it off.

The design is pavilion style with night watchman not needed. Someone has to pay the bills when HHA is not using it. HHA will be charging approximately one hundred dollars per hour, which is the cheapest ice use in the state. A couple thousand dollars have been set up in the hardship account so that people who can't afford to skate will have opportunities. HHA wants many people involved. HHA is looking forward to the facility being used.

Councilmember Kranich queried who is building the facility. If this is adopted what will this project do to the other City projects and from where are all of these dollars coming?

City Manager interjected that it made the most sense for the City to manage the project.

Councilmember Stark stated it would be appropriate if the insurance for the ice months was paid by funds raised by HHA.

Harry Rasmuson, Ron Alderfer and another representative, who were present from HHA, indicated concurrence regarding the insurance.

Mayor Cushing stated that the income for the unexpended revenues on the three quarters of one percent sales tax on the water and sewer and for the roads is quite a bit higher than the debt service and there are available funds from the water, sewer and roads programs. These are funds that are flush.

Discussion continued. It was agreed that this facility will be a great asset.

LADD/FENSKE - MOVED TO SUSPEND THE RULES TO GO PAST MIDNIGHT TO THE END OF BUSINESS. (11:57 p.m. )

VOTE: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Under responsibilities it reads that the HHA will assume primary responsible as the fund raisers. This is a good step forward. Everyone saw what the skateboard association was able to do to get the skateboard park. Too many kids and families are being lost out of this community due to lack of activities. This project will draw people to the community.

City Manager Wrede emphasized that the hope is that the ice rink facility project not compete with other City projects. He voiced his hope that between the Arctic Winter Games funding, grants and other fund raising activities that most or all of the one point five million for this project can be raised. It does compete in the sense of asking individuals in town for donations. He stated, in terms of tax payers dollars, the hope is that it is not in competition with other City projects and that Senator Stevens has indicated that he thinks he can come up with six or seven million dollars, total, for Arctic Winter Games for capital projects, perhaps four million in federal fiscal year 04 and another two or three million in fiscal year 05. These funds would be spread around between Kenai, Soldotna, Homer and Cooper Landing. Mr. Wrede commented that it is a complicated way that the Senator plans for funding. City Manager Wrede stated that he is fairly hopeful that the City will receive one million dollars, at least, for this project just based on indications and the preliminary information. The general fund will not be the rescue funds, therefore, the funds will have to be raised. He agreed with the Council being in the loop on design and in terms of spending money on construction.

Regarding the purchase of the property from HEA, Harry Rasmuson advised that his recollection is that the price is the value of the land at the time of purchase.

Mayor Cushing strongly recommended that the first money that comes in be used to purchase the land.

City Manager Wrede stated that the City Attorney will have input on the lease and that this will be a City facility. HHA has agreed to pay for water, sewer, electricity, insurance, maintenance and anything during the hockey season. The rest of the time the City would be responsible for those things. It is unknown if the facility will make money for the City during the off season and whether the City can charge for events, this has not been thought through. These things do need to be factored into the equation.

Councilmember Stark stated that he would like to have deprecation added to the equation.

Harry Rasmuson advised that HHA had to present, to funding agencies, a budget, financial plan, and fees, adding that HHA is very comfortable with their numbers and their projected income, business plan and strategic plan. He emphasized that the Rasmuson Foundation likes to see community support and that this can make the difference in the receipt of hundreds of thousands of dollars.

FENSKE/BECK - MOVED TO POSTPONE ACTION ON THIS UNTIL THE NEXT MEETING, AUGUST 25TH, AND HOPEFULLY WE CAN GET SOME INDICATION AS TO THE QUESTIONS THAT ALL OF A SUDDEN SEEM TO BE SPRINGING FROM THE PAGES, AND THAT WE DIDN'T EVEN DISCUSS THIS DURING THE COMMITTEE OF THE WHOLE, AND I THINK FOR US TO SPEND HOURS IN THE MIDDLE OF THE NIGHT TRYING TO FINALIZE SOMETHING THAT IS A ROUGH DRAFT IS INAPPROPRIATE.

There was a question about maintenance of the refrigeration equipment.

City Manager asked for the Council to forward their questions to him and he will get with Harry Rasmuson and Ron Alderfer and have the answers for the Council at the next meeting.

Councilmember Beck suggested this be discussed during the next Committee of the Whole.

It is on the regular agenda, so can be discussed under that item.

The merits of postponement were discussed.

STARK/FENSKE - CALLED FOR THE QUESTION.

VOTE: (call for the question) YES: NON OBJECTION. MOTION CARRIED.

VOTE: (postponement) YES: FENSKE, STARK, KRANICH, BECK.

NO: LADD, YOURKOWSKI.

Motion carried.

Mayor Cushing called for a break at 12:23 a.m. and reconvened the meeting at 12:31 a.m.

E. Consent Agenda Item F. Resolution 03-104, Of the City Council of Homer, Alaska Amending the City of Homer Fee Schedule, Port/Harbor Department Fees, By Adding a New Rate for Handling Regulated Garbage. Port/Harbor, City Manager, Finance. Fiscal Note: Garbage Expenditure Acct. 400.5220.601. Recommend adoption.

Memorandum 03-131, from Port/Harbor Director as backup.

KRANICH/LADD - MOVED FOR THE ADOPTION OF RESOLUTION 03-104 BY READING OF TITLE.

This was briefly discussed. The Manager relayed to the Council that the Port/Harbor Director felt that the fees were sufficient to cover the City's costs, including administrative costs and that he would have no problem, of course, if the Council deemed it necessary to raise the fees.

Regulated Garbage Handling Fee

$750.00 per round trip for certificated truck pickup plus $85.00 per one hundred pounds

The Resolution includes execution of the Agreements with ENTECH, Alaska, LLC and AIRLINE SUPPORT COMPANY of Anchorage, Alaska, and supports the application for Compliance Agreement and submittal for re issuance of the MARPOL (Marine Pollution) Garbage Certificate.

VOTE: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Executive Session will be held as the last item prior to Adjournment. Any audience remaining will be afforded an opportunity to further comment.

COMMENTS OF THE AUDIENCE

Audience comments upon any matter.

Debbie Poore thanked the Council for the opportunity to speak to them. She noted that Homer has a long and colorful history of citizen involvement and that Council is drawing upon that tradition to highlight the serious concern for pedestrian safety and the lack of cross walks in Homer. She recognized and voiced true appreciation for the hard work that has already gone into this project and realized that liability and jurisdictional issues of the state complicate the situation. She reported that a group of citizens have witnessed too many near misses between children and vehicles and have, this past weekend, repainted the crosswalk near the Boys and Girls Club and have flagged the four existing signs. She stated that it is this group's desire, intent and role to work with the City in a constructive manner, however, children are endangered every hour while they wait for the City and state procedures to reach a solution. She related a true story of young children attempting to cross the Sterling Highway, wherein a large suburban honked at them and these children, approximately eight years old, split and scattered running through traffic. She commented about five people standing at the intersection of Lake Street, Pioneer Avenue and East End Road waiting to cross the street. The red, always stop light was flashing, cars came to a stop the five people started across the street and the cars continued taking their turns proceeding. A car drove between the first three people and the second two people not recognizing the pedestrians in the roadway. She stated that children are being taught to be afraid of crossing traffic, not a healthy respect for traffic, but frightened. Ms. Poore shared her experience of twenty years of teaching elementary students and her knowledge that people do not make wise decisions when they are frightened. She apprized the Council that the word on the street is that there was an injury accident and that the City was found liable due to the lack of enforcement of pedestrian rights and that it has been suggested that the City is, potentially, just as liable, if not more so, for not having crosswalks. Other Alaskan cities have found a way to provide safe pedestrian crossings. The citizens realize that they don't know the whole picture and wonder if the following ideas have been considered:

Installation of high visibility signs.

Lowering speed limits.

Painting City street crosswalks, before the arrangement is finalized for the state road crosswalks.

Pedestrian right-of-way signs at the gateway.

Enforcement of State of Alaska regulations 13 AAC 02.155, pedestrian right-of-way and safety zones.

Promoting pedestrian rights in Homer.

She noted that it is late, the Council is tired and she is tired and that it was her anniversary when she came here tonight. School will soon be open and with the decreasing day light it is all the more imperative that there is commitment to a safe ending to this story before a child is lost. She thanked the Council, most sincerely, for their long hours and dedicated efforts to Homer.

Kelly Cornette stated that this is a wonderful town, that she left New York ten years ago and that her journey here took her five years. Traveling through h Wisconsin; Minneapolis, Minnesota where she witnessed sprawl at its worst; Lincoln City, Oregon which she loved; and finally Eugene, Oregon, which is what Homer is going to become if any major store, such as Fred Meyer, is allowed to come here without some consideration. She commented on Homer being her home now, that it took her a long time to find it and that she does not want it to be in New Your City or a small city that has not decided if it is going to be a City or a small town; artsey or creative or big business. Earlier tonight when Council was discussing store size, she stated that she never heard anyone speak, in a concentrated manner, speak on the preparation that needs to be taken by all people and the consideration that needs to be given if Homer is going to have a big name store, Fred Meyer, and the location thereof. She suggested that the Council put Fred Meyer somewhere near the Shell Station (Baycrest), interjecting that she did not know if this were still Homer, but it is outside of town. She listed the reasons, traffic considerations with lights and crossings, this is not a highly populated area, no schools around. She emphasized that she is still new here. She noted that she has never heard anyone ever even consider security, the crime rate will go up if there is a store known in other states that people are going to flock to, sanitation is another thing. Homer will need more police and firemen. There will be more accidents, pointing out the traffic situation in Soldotna. She told the Council these are just observations and that she does not have an opinion. She wondered who would shop at this store during the off season, what about winter. Can Homer people afford to shop there in the winter. She shared her observation, the past two years she has been here, that Homer people work like ants in the spring and summer, cater to the tourists, and when all is said and done that money made in the summer is to live off of in the winter. Can Homer support a Fred Meyer for the first ten years. There will be a population increase. Is there enough affordable housing to support this population increase, for the next five years. She shared some of her shopping experiences, adding that she likes to buy shoes. She commented about off season unemployment, is Freddy's going to be able to support employment for the amount of people that lose summer employment and what is going to happen to Freddy's when summer people want to go fishing and that kind of thing. She stated that she does not know the patterns and systems here in Homer, being too new. She inquired on how the taxes are going to be affected. Are the people in Homer going to be using taxes to build the store or buy the property or whatever? She interjected that she came here to live not to work, being retired. How is Freddy's going to benefit seniors and the disabled? The young people, people in school and the environment so on and so forth? They will be trucking a lot of stuff in, but there will be more demands for sanitation and security. How are the kids going to make a decision on what they want to be fisherman, lumberman or corporate America? How is this going to affect Homer kids? So far Homer has really kept a tight rein on exploding type of growth, population and business and that type of thing. Small business has supported this community for many, many, many, many years. The community wants small business here. If Freddy's comes in and has a bakery how will that affect the bakeries here, especially in the winter months? She acknowledged that the Council is tired, however, she pointed out, that she has waited for the Council so maybe they can give her a few more minutes, if they don't mind. What is Freddy's going to do for the community? She commented on having a lot of different jobs. She noted that some entities have donated things to the community, such as hockey rinks, or books. What kind of businesses would Freddy's generate with new population and ideas coming in? What type of activities would Freddy's generate? Although this is one store, these stores are huge. How will this big corporation affect Homer's quality of serenity? This is why she and others are here. What are fishermen going to do? Are they going to be able to make a decision on where they are going to work, to work with visitors? Freddy has demands on employment. She noted that Homer is a very low crime area, but if a big store like Freddys comes in this is going to change. These people do not understand Homer and this will all change. She told the Council that if they think things are bad now, it will only get worse. This is more than a corporation. Is Homer going to be known as a fishing place that has Freddys, so people come here and trash this place and run all over the residents. Ms. Cornette said that is how she felt this summer with the large amount of people who were here, that probably has something to do with 9-11, security in the air, flying, and traveling in general. How is Council going to prepare the citizens for the winter? She stated that she is disabled, that there are only two scooters in Safeway, and that she has seen these almost turned over. That these get used a lot and trashed a lot. She asserted her fear that her home is going to get trashed. The kids here are in trouble with crossing streets.

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 had no comment.

COMMENTS OF THE MAYOR

Mayor Cushing explained his votes under the ballot issues: There have been hours and hours of testimony, numerous letters and emails, receipt of quit extensive petitions, input tonight on ballot issues/initiations, CIRI said the same as people on the other side to do what Council got elected to do, and that there are other avenues to receive broad public input. He commented about sending a pamphlet out that can be sent with newspapers, on line, available at City Hall, and at businesses and that the Council would get much more specific input that way than with the ballot issue. He asked for Councilmembers Yourkowski and Fenske to assist him with drafting. He pointed out that this will be better information to help the Planning Commission with their first draft of the conditions, standards and economic analysis. He said that he could not get passed the twenty thousand square feet, that he might accept forty thousand square foot if the standards are set at a twenty five thousand square foot, foot print with a second floor built into a hillside.

COMMENTS OF THE CITY COUNCIL

Councilmember Fenske stated that he is really glad that the Council is on this succinctness and that they have shortened up their entire discussion and that it really helped him this evening.

Councilmember Stark commented that he would like to hear from the four thousand voters as well as the fifty four people who came and testified against the large sized stores and against having an election.

Councilmember Ladd advised that he looks forward to the report from the Planning Commission regarding the impact standards, those are, obviously, the most important thing now. He hoped that the size limit can be imbedded in those standards, somehow, adding that obviously for various districts and zones within the community, there may be differences. These standards are very much needed and that there seems to be concurrence of the Council to that fact. He commented on the business of the Council, that he has said several times tonight, concurring with Debbie Poore, this issue of our children crossing the roads and walking the streets, the issue of traffic lights does not compare to children dodging traffic. He commented about the youngster that was hit by a vehicle the first year West Homer Elementary was opened. He emphasized that the drivers in Homer are not pedestrian aware as in other places. He pointed out that when cars stop here the children do not know if they should cross or not, and thank God they don't cross, because not all of the other cars stop. He encouraged the administration to seek out ways of getting these pedestrian crosswalks set, especially with school starting soon and with the hazardous bus routes. He objected to playing games with DOT and said to give him a paint can and he'll go out and do it, because something needs to be done with this serious situation. Our youngsters are where it is and we need to help them out.

Mayor Cushing voiced agreement.

Councilmember Yourkowski reported on his suggestion that a sign be put at the top of the hill saying that in Homer pedestrians have the right-of-way; however, the City Attorney stated that this is a state road and therefore, the City cannot do this and it is a DOT thing. Mr. Yourkowski voiced his hope that the City can put the pressure on DOT to do something. He commented on Debbie Poore's statement that people don't make good decisions when they're fear based, which brings him to these crash gates on the public docks, which is the reason he voted against these. It is all about fear and this town does not need to go there. He said that he is sorry to see that these security gates are going to be installed.

Mayor Cushing recessed the regular meeting to executive session at 1:03 a.m. reconvening the regular meeting at 2:29.5 a.m.

Mayor Pro Tempore Yourkowski stated that the Council met in executive session with the City Manager regarding UA negotiations and with the City Manager, Finance Director and Public Works Director regarding the Seawall (Ocean Drive Loop Bluff Erosion Control Project) issues.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 2:30 a.m. The next Regular Meeting is scheduled for Monday, August 25, 2003 at 7:30 p.m. The next Committee of the Whole is scheduled for Monday. August 25, 2003 at 4 p.m. A worksession is scheduled for Monday, August 25th at 6 p.m. to review proposed projects on the CIP/Legislative Request/Governor's Matching Grant lists. These meetings are 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. Needham total for total services is $22,697.50.