Session 00-15, a Regular Meeting of the Homer City Council was called to order at 7:30 p.m. by Mayor Cushing at the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

PRESENT: COUNCILMEMBERS: CUE, FENSKE, MARQUARDT, WELLES, YOURKOWSKI

STAFF: CITY MANAGER DRATHMAN

CITY CLERK MARY CALHOUN

DEPUTY CITY CLERK BENSON

FINANCE ACCT. SUPERVISOR MACK

ACTING FIRE CHIEF ELMER

LIBRARY DIRECTOR HELM

PUBLIC WORKS DIRECTOR MEYER

ABSENT: COUNCILMEMBER: KRANICH (excused)

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 consensus of the Council with the following additions: Memorandum 00-48 with backup Memorandum from Public Works to Pending Business Item A. and Resolution Item A.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Nancy Lord commented on the Library Space Needs Study and emphasized that the Library is in a critical space need situation. She asked the Council to consider placing a new larger library higher, if not the highest priority, on the CIP. She said that she recognizes that there are a lot of competing needs for the City, yet the library has been waiting a long time. Ms. Lord stated that she looks forward to working with the Council to plan for and determine size and site and so forth for the new library. This is an exciting time to be progressing and it is exciting to meet the needs of the community.

Pete Roberts urged the Council to adopt Resolution 00-80, encouraging the Kenai Peninsula Borough Assembly to place the proposition for a fire service area and EMS service area on the fall ballot. He urged the Council to look favorably at New Business Item. A. Memorandum 00-47 from the Mayor regarding the annexation boundaries. He told the Council that it was good that they held a number of worksessions on the annexation issue and asked the Council to withdraw the current petition until they figure out what needs to be a part of the City and where they can deliver services. He asked the Council to come up with a serious plan for delivering services and to do what is done else where, such as a handbook selling the ideas. Mr. Roberts stated that the Council is bringing into the City a whole group of people without their consent, which is not good public policy. If annexation is a good idea then it should be sellable.

Drew Scalzi, KPB Assemblyman, asked the Council to support Resolution 00-80 and thanked Mayor Cushing for bringing this forward. He reported that the KPB Assembly would hold two hearings the second of which would be on August 15th with a decision on whether or not to forward this on to the voters. The petition for this referendum received twice the required number of signatures and a good deal of support. He advised that he has an amendment that is going to change the boundaries considerably to the areas on the road system. This is a step in the right direction and hopefully to a unified service area some time down the road. He noted that the City has requested this over the years and believes that this proposal is consistent in supporting the citizen's efforts in this area to move forward on this service area. He voiced a realization that there is concern by Councilmembers that this may be a ploy or bargaining chip later on with the annexation consideration. He concluded by stating that this is a great opportunity to bring this matter forward and thanked the Mayor for placing this on the agenda.

Alan Parks commented on Resolution 00-80, creating a fire and EMS service area. He expressed his opinion that this is bad timing for the creation of this service area. He stated that he is not against this concept. However, there are other services for the outlying areas that should also be considered such as Library, Parks and Recreation or for representation on various matters in the area that the City deals with. The City has been petitioned and requested Service Areas many times in the past and those were not brought forward as aggressively as this one. In Resolution 00-80 reasons are cited as to why this service area should be brought forward at this time. These reasons can be countered for not bringing it forward along with the unknowns. The annexation petition is a known, on the table and being brought forward. Mr. Parks stated that he supports the annexation and Council's move for annexation. He voiced his belief that if the services the City provides to the outlying areas are addressed through a service area(s) then all the services should be addressed and not piece mealed. Going through the service area process for all these services drags out too long and will put this community through more than it is going through right now. He encouraged the Council to keep on course and continue with the annexation.

RECONSIDERATION

CONSENT AGENDA

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

A. Homer City Council special meeting unapproved minutes of July 31, 2000. Recommend approval.

B. Resolution 00-70, Of the City Council of Homer, Alaska Awarding the Bid for one Waste Oil Vacuum Truck and Pumping System to the firm of Environmental Solutions of Anchorage, Alaska in the amount of $53,731 and Authorizing the City Manager to Execute the Appropriate Documents. Public Works. City Clerk. Fiscal Note: Grant funds budgeted in acct: 415-5901.902 $134,600.88. Recommend adoption.

C. Resolution 00-75, Of the City Council of Homer, Alaska Awarding the Bid for the Bypass Sewer Main Upgrade to the firm of Peninsula Construction of Kenai, Alaska in the Amount of $437,480.00 and Authorizing the City Manager to Execute the Appropriate Documents. Public Works. City Clerk. Fiscal note: ADEC grant of $338,716 and local share from Sewer Capital Reserve. Recommend adoption.

Memorandum from Public Works as backup.

D. Resolution 00-76, Of the City Council of Homer, Alaska Awarding the Bid for the Construction of a Fish Carcass Dump Trailer to the Firm of Bob's Services, Inc. of Anchorage, Alaska in the Amount of $10,197.00 and Authorizing the City Manager to Execute the Appropriate Documents. Port/Harbor. City Clerk. Fiscal Note: Budgeted in Acct: 415.5901.908. Recommend adoption.

Memorandum from Port/Harbor as backup.

E. Resolution 00-77, Of the City Council of Homer, Alaska Amending the Library Advisory Board 2000 Regular Meeting Schedule as set forth in Resolution 99-117. Library Advisory Board. City Clerk. Recommend adoption.

Memorandum from Library Director as backup.

F. Memorandum 00-45, from City Clerk, Re: Vacation of Utility Easements adjacent to Lot 69-D and Lot 69-E Bachman 1976 Addition. Recommend non-objection.

G. Memorandum 00-46, from City Manager, Re: Lease Assignment from Tract 1-C, Fishin' Hole Sub. No. Two, KPB Parcel No. 181-031-1900. Recommend approval.

H. Resolution 00-78, Of the City Council of Homer, Alaska Extending the Auditor Contract with Mikunda, Cottrell & Co. for 2000 and 2001 in the Amount of $38,200 Per Year and Authorizing the City Manager to Execute the Appropriate Documents. Finance. City Clerk. Fiscal Note: Budgeted in acct.100.5210.100.Recommend adoption.

I. Resolution 00-79, Of the Homer City Council Opposing the State's Local Bonding Requirement to Pay for Deferred Harbor Maintenance. Fenske. Recommend adoption.

Memorandum from City Manager as backup.

FENSKE/CUE - MOVED FOR THE APPROVAL OF THE RECOMMENDATIONS OF THE CONSENT AGENDA.

VOTE: YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, CUE.

Motion carried.

VISITORS

A. GCI, Betty Ann Steciw, System Manager, Report Re: Theft of Service Campaign.

Betty Ann Steciw, GCI System Manager, apprized the Council of the types and forms of theft most frequent in Homer, the time frame of the campaign being from August 1 - 31, 2000, the law and penalties for theft of service, GCI's approach, signal leakage and FCC rules and GCI's compliance. She advised that statewide the theft costs are hundreds of thousands of dollars, but in Homer there is not much theft and not much cost involved. The cable company was thanked for their live coverage of the McNeil River bears.

ANNOUNCEMENTS/ PRESENTATIONS/ BOROUGH REPORT/ COMMISSION REPORTS

A. Library Advisory Report on Space Needs and Request for Worksession.

Suzanne Haines, Library Advisory Board member, gave a brief overview of the Space Needs Study focusing on the space needs of the Library.

Matt Beaumont-Gay, Library Advisory Board student member, added to the report emphasizing that the current library has been outgrown. He emphasized the importance of the library to young people.

Mindy Parks, Library Advisory Board member, gave some highlights of the letter to the Mayor, Council and Manager from the Library Advisory Board. It is noted that over 300 people use the library per day. The Library Advisory Board recommends that the City build a new larger library on a new site. In over 70% of the cases reviewed, funding for the library construction came from local funds, including bond issues. Libraries are the gateways for information and the repository for knowledge. If the City is creative and flexible in the design and plan for expansion in the future and incorporates the concept of creating revenue a new library can only be an investment. She thanked the Council for their time and that she looks forward to meeting with them in the future.

Library Director Helm responded to some of Council's questions regarding budget and square footage and work stations. Higher costs are anticipated with a larger facility.

There was a brief question and answer period.

Mayor Cushing thanked the volunteers and the staff at the Library.

PUBLIC HEARING(S)

A. Creation of the Jenny Way Road Reconstruction Improvement/Assessment District.

Claudia Caffee-Delapp expressed support of the Jenny Way project despite the fact that they have invested in an alternate access. She submitted pictures of the mud and a vehicle stuck in the mud along with a written comment and non objection to the improvement district. She urged the Council to approve the project. There are tourists that come to Homer and see the bad condition of Jenny Way and it is embarrassing. She advised the Council of the handicap individuals living on Jenny Way and the horrible access these individuals have to their residences.

Harley J. Harrington, Jenny Way resident, emphasized the need for the road improvement. He elucidated the deplorable condition of the roadway. He also submitted pictures of the mud etcetera. He stated that the road gets very pot holey, muddy, junky and simply cannot be driven on. He urged the Council to approve the project so that this road would receive City maintenance. He also commented on two handicap girls that live on this roadway. Mr. Harrington noted that if an ambulance had to travel the road it would be very difficult and many times impassible.

B. Ordinance 00-14, Of the City Council of the City of Homer Amending the Official Maintenance Map of the City of Homer by Adding 1300 Lineal Feet of Hazel Avenue and 460 Lineal Feet of Poopdeck Street for Permanent Maintenance. Public Works. City Clerk. (First Reading 07/31/00, Public Hearing 08/14/00, Second Reading 08/28/00.)

There was no public testimony.

C. Ordinance 00-15, Of the City Council of the City of Homer, Alaska Amending Homer City Code Title 4, Elections. City Clerk. (First Reading 07/31/00, Public Hearing 08/14/00, Second Reading 08/28/00.)

There was no public testimony.

D. Ordinance 00-16, Of the City Council of Homer, Alaska Accepting and Appropriating a Reimbursement Grant of $8,098.07 through the State of Alaska Division of Emergency Services from the Federal Emergency Management Agency (FEMA) Public Assistance Program for Homer Small Boat Harbor Electrical Repairs and Authorizing the City Manager to Execute the Appropriate Documents. Finance. City Clerk. (First Reading 07/31/00, Public Hearing 08/14/00, Second Reading 08/14/00.)

There was no public testimony.

E. Ordinance 00-17, Of the City Council of Homer, Alaska Accepting and Appropriating a Matching Grant of $52,500.00 for the Homer Animal Shelter and $49,689.00 for the Homer Chamber of Commerce from the State of Alaska Division of Community and Economic Development (DCED), Appropriating the Local Match and Authorizing the City Manager to Execute the Appropriate Documents. Mayor. (First Reading 07/31/00, Public Hearing 08/14/00, Second Reading 08/14/00.)

Leslie Hoffmeister asked the Council to approve the Ordinance to accept and appropriate this funding for the new Animal Shelter. She stated that the new animal shelter needs to happen now before another winter. The current shelter will not provide adequate shelter for the animals for the winter. She stated that she is the voice for those who cannot speak and is willing to keep working on this project and looking for a new site, although not her area of expertise. She voiced her preference of spending time caring for the animals, educating, and promoting and operating the spade/neuter program. She thanked the new City Manager, new Public Works Director and Council for their support and Councilmember Cue for being an advocate for the animals. She reported that animals are being killed because of the lack of space.

Kohar Burtan voiced great sadness about the condition of the animal shelter, especially with winter coming. She voiced her hope that a location can be found for a new shelter. She voiced her support for a new shelter.

Karen Willows urged the City and the Council to put a new animal shelter high on their priority list. She applauded the offer of the governor and urged the Council to vote to contribute all the matching funds. She noted that if a person spends one full hour walking the dogs the paramount need would be recognized. She thanked Sherry Bess and the volunteers for doing an incredible job. She noted that the current facility was built in 1974 as a temporary shelter. She stated that the condition of the shelter breaks one's heart.

Claudia Ehli urged the Council to accept the grant. There has been enough testimony about the 26 year old temporary shelter that needs to be replaced. The other concern is the maintenance of the shelter as it is right now. She asked the Council to find a way to fund emergency repairs to keep the walls of the shelter from falling down.

City Manager Drathman interjected that Public Works has been instructed to weather tight the shelter.

Mayor Cushing stated that the Council is ready and willing to move forward on this shelter.

Lisa Olsen and her daughter Svea, volunteers that work with the cats, commented about the lack of space and poor conditions in the cat section of the shelter. Mrs. Olsen noted that more space is also needed for the dogs.

Peg Price, pet owner and active shelter volunteer, spoke on behalf of the Homer Animal Friends to request the Council to vote to match the funds. She stated that it sounds like the Council is going to do that. She asked the Council to move in an expeditious manner to find a suitable parcel of land and begin the design and bidding process for a badly needed new shelter. The only way this is going to happen is for this project to be moved to the top of Council's list. She stated that they are morally, ethically and legally bound to provide for the protection and welfare of the community's animals in need. She thanked the Council for their past support and earnestly requested that the construction of a new shelter be placed on a fast track.

Judie Inscoe stated that her career for the past 30 years has been running a boarding and grooming kennel in Wilmington, North Carolina, with 150 to 200 animals per night. She served for six years on the advisory committee for animal control and another four years as chairman for the vicious dog hearing committee. She expressed her hope that this funding would go through and offered her assistance.

Inez Dunn wished to express her gratitude in being able to speak in front of this assembly. She asked with grace and humility that the small sounds and voices that will not be heard here tonight be present in hearts. She asked for the assembly's compassionate ear and understanding. On behalf of Homer Animal Friends she asked the Council to please match the Governor's Grant. She stated that this helps to achieve the most basic agreement of animal care and welfare. It is a benefit to obtain a new animal shelter building and with the Council's help this goal is closer.

Anita Stahl, owned by two cats, asked the Council to recognize the plight of the four legged friends by matching the grant money and by helping to find suitable land for a new shelter as soon as possible. The current conditions are indeed terrible. The animals need help today.

Amy Bollenbach thanked the Council for authorizing the repair on the current animal shelter. Decent society really supports those who cannot support themselves. She stated that if people vote for her for state house maybe it will be better. Pets are another group of organisms that people seem to love as much as they do children. Pets have no choice at all about how people treat them. She voiced her hope that a new and a good place can be found for the pets. The volunteers are absolutely wonderful. To not find a really good place for them to work would be like asking for volunteer fire people and not buying a fire truck. She asked the Council about the portion of the grant going to the Chamber of Commerce that has lots of sources of revenue.

Loretta Ulmschneider testified on behalf of the Homer Animal Shelter and encouraged the Council to accept the Governor's Grant, fund the match, also get the land as quickly as possible and expedite the whole process if there is any way of getting funds sooner.

Rose Beck thanked the Council for their support of the grant, match and the emergency repairs. She relayed her experience with animal shelters in other communities and the better condition of these shelters. She noted the benefit of animals on people's mental health and the emotional support, comfort and entertainment that animals provide. If this is a City that works then a shelter that works better is needed.

Kathy Franz thanked the Council for the grant, match and the repairs on the shelter. She stated that she is an active volunteer and a board member of Homer Animal Friends. She stated that there is a terrific need for a new shelter. She read a letter from Susan Moeller and Deborah Vandroff in support of the new shelter.

Eleanor Murphy voiced her support of the Animal Shelter and the friends that work so hard with the beautiful homeless animals and their care. She advised that she found a pet there. She volunteers at the shelter spending time and her own funds on supplies for the comfort and care of the animals. She thanked the Council for the support they have shown.

Debbie Rentzebeck reported that she has two animals from the Animal Shelter, that originated outside the City of Homer. She stated that she does not have the strength of character to work at the Animal Shelter, but does visit and spend some time with the animals. She advised of a situation wherein she picked up a puppy that was lost and took it to the Police Department. An officer accompanied her to the shelter to put the puppy there and the conditions at 6 p.m. were already unsanitary and the space extremely limited. She stated that she realized she needed to become more responsible and take a part in caring for these animals.

Josephine Ryan thanked the Council for accepting the money and matching it. She strongly encouraged the pursuit of a new shelter.

Peggy Pitman noted the number of Animal Shelter volunteers that live outside of the City limits. She urged the Council to accept the grant and approve the matching funds, which it appears the Council is willing to do. She noted that the minutes from the last meeting reflect a balance of about $190,000 to get something started for the new shelter. She voiced her appreciation of the direction the Council is moving and thanked Councilmember Cue for agreeing to be the point of contact. She thanked the Council and expressed her opinion that this is moving the right way.

Mayor Cushing called for a recess at 8:50 p.m., reconvening the meeting at 9:10 p.m.

F. Ordinance 00-18, Of the City Council of Homer, Alaska Appropriating $70,000.00 from the General Fund Fleet Reserve for the Purchase of a Replacement Utility Vehicle. Fire Department. City Clerk.(First Reading 07/31/00, Public Hearing 08/14/00, Second Reading 08/14/00.)

There was no public testimony.

G. Ordinance 00-19, Of the City Council of Homer, Alaska Accepting and Appropriating a Senior Employment Program Grant Award from the State of Alaska Department of Administration in the Amount of $8,116.00 for the Library and Authorizing the City Manager to Execute the Appropriate Documents. Library. City Clerk. (First Reading 07/31/00, Public Hearing 08/14/00, Second Reading 08/14/00.)

There was no public testimony.

H. Ordinance 00-20, Of the City Council of Homer, Alaska Accepting and Appropriating an Interlibrary Cooperation Grant Award from the Alaska State Library in the Amount of $1,250.00 for the Homer Public Library Travel and Cost Reimbursement and Authorizing the City Manager to Execute the Appropriate Documents. Library. City Clerk. (First Reading 07/31/00, Public Hearing 08/14/00, Second Reading 08/14/00.)

There was no public testimony.

I. Ordinance 00-21, Of the City Council of Homer, Alaska Accepting and Appropriating a Volunteer Fire Assistance Grant/Rural Community Fire Protection Grant, Under Public Law 95-313, from the State Department of Natural Resources in the Amount of $5,000.00, Appropriating the Match of $5,000.00 and Authorizing the City Manager to Execute the Appropriate Documents. Fire Department. City Clerk. (First Reading 07/31/00, Public Hearing 08/14/00, Second Reading 08/14/00.)

There was no public testimony.

ORDINANCE(S)

A. Ordinance 00-16, Of the City Council of Homer, Alaska Accepting and Appropriating a Reimbursement Grant of $8,098.07 through the State of Alaska Division of Emergency Services from the Federal Emergency Management Agency (FEMA) Public Assistance Program for Homer Small Boat Harbor Electrical Repairs and Authorizing the City Manager to Execute the Appropriate Documents. Finance. City Clerk. (First Reading 07/31/00, Public Hearing 08/14/00, Second Reading 08/14/00.)

MARQUARDT/WELLES - MOVED FOR THE ADOPTION OF ORDINANCE 00-16 BY READING OF TITLE FOR SECOND AND FINAL READING.

There was no discussion.

VOTE: YES: CUE, FENSKE, WELLES, YOURKOWSKI, MARQUARDT.

Motion carried.

B. Ordinance 00-17, Of the City Council of Homer, Alaska Accepting and Appropriating a Matching Grant of $52,500.00 for the Homer Animal Shelter and $49,689.00 for the Homer Chamber of Commerce from the State of Alaska Division of Community and Economic Development (DCED), Appropriating the Local Match and Authorizing the City Manager to Execute the Appropriate Documents. Mayor. (First Reading 07/31/00, Public Hearing 08/14/00, Second Reading 08/14/00.)

FENSKE/CUE - MOVED FOR THE ADOPTION OF ORDINANCE 00-17 BY READING OF TITLE FOR SECOND AND FINAL READING.

Councilmember Fenske commented that it is too bad the government is not able to allocate more grants for the other needs of the community.

Councilmember Cue thanked those who testified and the members of the Council for their support.

VOTE: YES: CUE, FENSKE, WELLES, YOURKOWSKI, MARQUARDT.

Motion carried.

C. Ordinance 00-18, Of the City Council of Homer, Alaska Appropriating $70,000.00 from the General Fund Fleet Reserve for the Purchase of a Replacement Utility Vehicle. Fire Department. City Clerk.(First Reading 07/31/00, Public Hearing 08/14/00, Second Reading 08/14/00.)

MARQUARDT/WELLES - MOVED FOR THE ADOPTION OF ORDINANCE 00-18 BY READING OF TITLE FOR SECOND AND FINAL READING.

Councilmember and Fire Fighter Marquardt voiced his pleasure that a replacement vehicle would be purchased.

VOTE: YES: MARQUARDT, CUE, FENSKE, WELLES, YOURKOWSKI.

Motion carried.

D. Ordinance 00-19, Of the City Council of Homer, Alaska Accepting and Appropriating a Senior Employment Program Grant Award from the State of Alaska Department of Administration in the Amount of $8,116.00 for the Library and Authorizing the City Manager to Execute the Appropriate Documents. Library. City Clerk. (First Reading 07/31/00, Public Hearing 08/14/00, Second Reading 08/14/00.)

WELLES/CUE - MOVED FOR THE ADOPTION OF ORDINANCE 00-19 BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.

There was no discussion.

VOTE: YES: YOURKOWSKI MARQUARDT, CUE, FENSKE, WELLES.

Motion carried.

E. Ordinance 00-20, Of the City Council of Homer, Alaska Accepting and Appropriating an Interlibrary Cooperation Grant Award from the Alaska State Library in the Amount of $1,250.00 for the Homer Public Library Travel and Cost Reimbursement and Authorizing the City Manager to Execute the Appropriate Documents. Library. City Clerk. (First Reading 07/31/00, Public Hearing 08/14/00, Second Reading 08/14/00.)

WELLES/YOURKOWSKI - MOVED FOR THE ADOPTION OF ORDINANCE 00-20 BY READING OF TITLE ONLY.

There was no discussion.

VOTE: YES: WELLES, YOURKOWSKI, MARQUARDT, CUE, FENSKE.

Motion carried.

F. Ordinance 00-21, Of the City Council of Homer, Alaska Accepting and Appropriating a Volunteer Fire Assistance Grant/Rural Community Fire Protection Grant, Under Public Law 95-313, from the State Department of Natural Resources in the Amount of $5,000.00, Appropriating the Match of $5,000.00 and Authorizing the City Manager to Execute the Appropriate Documents. Fire Department. City Clerk. (First Reading 07/31/00, Public Hearing 08/14/00, Second Reading 08/14/00.)

WELLES/MARQUARDT - MOVED TO ADOPT ORDINANCE 00-21 BY READING OF TITLE.

MAYOR CUSHING CALLED FOR A CONSENSUS ON THE ADMINISTRATION'S REQUEST FOR AMENDMENT: The match of $5,000 was already budgeted. Delete the wording "appropriating the match of $5,000" in the title and in section 3. strike out "hereby appropriated from" and insert "already budgeted in".

THERE WAS CONSENSUS TO INCLUDE THE AMENDMENT.

There was no discussion.

VOTE:(main amended motion) YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, CUE.

Motion carried.

G. Ordinance 00-22, Of the City Council of Homer, Alaska Appropriating funds for the City Manager Contract Amendment and Authorizing Participation in the ICMA Retirement Corporate 401 A, Executive Plan. Mayor and Council. (First Reading 08/14/00, Public Hearing 08/28/00, Second Reading 08/28/00.)

FENSKE/CUE - MOVED FOR THE INTRODUCTION OF ORDINANCE 00-22 BY READING OF TITLE ONLY FOR FIRST READING AND INTRODUCTION.

There was no discussion.

VOTE: YES: CUE, FENSKE, WELLES, YOURKOWSKI, MARQUARDT.

Motion carried.

J. Ordinance 00-23, Of the City Council of Homer, Alaska, Appropriating Grants and Reimbursements to the Police Department Training Account. Finance. City Clerk. (First Reading 08/14/00, Public Hearing 08/28/00, Second Reading 08/28/00.)

Memorandum from Finance Director as backup.

WELLES/FENSKE - MOVED TO ADOPT ORDINANCE 00-23 BY READING OF TITLE ONLY FOR INTRODUCTION AND FIRST READING.

Councilmember Welles reported that a Police Officer had relayed that the training has been very useful.

VOTE: YES: MARQUARDT, CUE, FENSKE, WELLES, YOURKOWSKI.

Motion carried.

K. Ordinance 00-24, Of the City Council of Homer, Alaska Appropriating the EDA Financial Assistance Award of $1.3 Million for the Pilings for the Pioneer Dock. Finance. City Clerk. (First Reading 08/14/00, Public Hearing 08/28/00, Second Reading 08/28/00.)

WELLES/CUE - MOVED TO ADOPTION ORDINANCE 00-24 BY READING OF TITLE FOR INTRODUCTION AND FIRST READING.

There was no discussion.

VOTE: YES: YOURKOWSKI, MARQUARDT, CUE, FENSKE, WELLES.

Motion carried.

L. Ordinance 00-25, Of the City Council of the City of Homer, Alaska Amending Homer City Code Sub paragraph14.04.080(c)(2). Fenske. (First Reading 08/14/00, Public Hearing 08/28/00, Second Reading 08/28/00.)

FENSKE/CUE - MOVED FOR THE ADOPTION FOR INTRODUCTION OF ORDINANCE 00-25 BY READING OF TITLE.

Councilmember Fenske stated that this is one of the amendments that is needed regarding the Sewer System.

VOTE: WELLES, YOURKOWSKI, MARQUARDT, CUE, FENSKE.

Motion carried.

CITY MANAGER' S REPORT

A. City Manager's Report.(Ice/Crane time.)

B. Records Report, from City Clerk.

There was no discussion.

COMMITTEE REPORT

PENDING BUSINESS

A. Memorandum 00-38, from City Manager, Re: Kozak Extraterritorial Sewer Connection. Fiscal Note: Sewer Extension/Line Zone Connection $2,500 and Sewer Permit $200. Recommend approval. Postponed on June 26th to August 14. Main Motion is on the floor.

Consent Agenda Recommendation of June 26th was for approval:

Added under Agenda Approval: Memorandum 00-48, from Water and Sewer Standards Committee, with recommendations.

Memorandum from Public Works with as backup with recommendations to the Water and Sewer Standards Committee.

Councilmember and Water and Sewer Standards Committee Chair Fenske advised that the Committee recommends voting against this request at this time, because further review and research is required by staff and the committee.

There was a general discussion.

VOTE: NO: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, CUE.

Motion failed.

Mayor Cushing called for a recess at 9:47 p.m. reconvening the meeting at 10:00 p.m.

NEW BUSINESS

A. Memorandum 00-47, from Mayor, Re: Annexation Boundary.

Recommendation:

1) Council provide to administration, by vote at the August 14 regular Council meeting, input to the annexation boundary for finalizing the reply brief.

2) Administration/Council set the date for public worksession or formal meeting to consider the responsive briefs and comments as well as the City's reply brief.

YOURKOWSKI/CUE - MOVED TO APPROVE THE RECOMMENDATIONS OF MEMORANDUM 00-47.

Mayor Cushing gave a brief dissertation regarding the last annexation worksession. He provided a graph showing the ideas and suggestions about the annexation boundaries. This table or graph may be amended, added to and changed as Councilmembers desire. Mayor Cushing emphasized that there was not a vote or a consensus regarding this table, it is an interpretation and summary of Council's comments about the boundaries.

Councilmember Fenske submitted aerial photos for the record, of the annexation area sections. There is permission from the photographer to copy the photos. The photos will be identified by area. He asked for the following footnote to be added to the Mayor's table: That his section be marked in/out rather than just in or just out. He stated that he specifically spoke about area 2.

Councilmember Cue relayed her conversation with Dan Bockhorst regarding any amendments to the petition boundaries. She stated that he advised her that there is the potential to have the procedures changed, that steps may have to be repeated and that the current schedule of the petition may be effected.

Further discussion ensued regarding potential boundary amendments.

YOURKOWSKI/MARQUARDT - MOVED TO AMEND TO STRIKE THE ENTIRE WORDING ON RECOMMENDATION NUMBER ONE. REPLACE IT WITH: COUNCILMEMBERS FINALIZE INDIVIDUAL INPUT FOR ADMINISTRATION AND THE BOUNDARY COMMISSION. THIS INPUT IS TO BE PROVIDED AFTER THE PUBLIC WORKSESSION OR FORMAL MEETING.

Council discussed the amendment in the light of public input.

VOTE:(Primary amendment 1.) YES: CUE, FENSKE, WELLES, YOURKOWSKI, MARQUARDT.

Motion carried.

There is room for individual comments to the Local Boundary Commission.

FENSKE/ - MOVED TO AMEND ON ITEM 2. TO SET A DATE FOR A PUBLIC HEARING, THAT DATE TO FOLLOW TWO WEEKS AFTER ADMINISTRATION'S REPLY BRIEF IS SUBMITTED TO THE PUBLIC.

The motion died for lack of a second.

Some Councilmembers will be absent during periods of time in August and September.

YOURKOWSKI/CUE - MOVED TO AMEND TO STRIKE RECOMMENDATION TWO AND REPLACE WITH COUNCIL HOLD A PUBLIC WORKSESSION OR FORMAL MEETING ON AUGUST 21ST, 2000 TO CONSIDER RESPONSIVE BRIEFS AND COMMENTS AS WELL AS THE CITY'S REPLY BRIEF. (AT REGULAR TIME - 7:30 P.M.)

There was a brief discussion about time for the City Staff to distribute the reply brief.

City Manager Drathman affirmed.

The City Clerk affirmed that there is time to advertise if the paper can get it in and she will get it to the paper first thing in the morning.

VOTE:(Primary amendment 2.) YES: YOURKOWSKI, MARQUARDT, CUE, FENSKE, WELLES.

Motion carried.

FENSKE/MARQUARDT - MOTION TO AMEND AND ADD ITEM 3. TO SET A SPECIAL MEETING FOR AUGUST 31, 2000 TO MAKE RECOMMENDATIONS FOR THE LOCAL BOUNDARY COMMISSION. (AT REGULAR TIME - 7:30 P.M.)

There was some discussion and clarification that Council would be acting on the City's Reply Brief at the special meeting. During this special meeting the public will have full opportunity to comment both at the beginning of the meeting and at the end of the meeting. The August 21st meeting is strictly a worksession. The Regular Meeting of August 28th will still be held due to the scheduled public hearings and some other business items that need to be addressed.

VOTE:(primary amendment 3) YES: WELLES, YOURKOWSKI, MARQUARDT, CUE, FENSKE.

Motion carried.

VOTE:(main amended motion) YES: CUE, FENSKE, WELLES, YOURKOWSKI, MARQUARDT.

Motion carried.

Mayor Cushing stated that he will give the City Clerk a computer disk with the table on it so that she can make any changes for individual Councilmembers.

RESOLUTIONS

A. Resolution 00-66, Of the City Council of Homer, Alaska, Setting an Interim Zone Connection Fee of $2,500 for Extraterritorial Water and Sewer Service Connections and any other "spaghetti lines". Public Works. Finance. Council Requested. Recommend adoption. Postponed on June 26th to August 14. Main Motion is on the floor.

Added under Agenda Approval: Memorandum 00-48, from Water and Sewer Standards Committee, with recommendations.

Memorandum from Public Works with as backup with recommendations to the Water and Sewer Standards Committee.

Councilmember and Water and Sewer Standards Committee Chair Fenske echoed his earlier comments under Memorandum 00-38.

VOTE: NO: FENSKE, WELLES, YOURKOWSKI, MARQUARDT.

Motion failed.

B Resolution 00-80, Of the City of Homer Encouraging the Kenai Peninsula Borough to Place the Proposition for a Homer Area Fire Service Area on the Fall 2000 Ballot. Mayor.

WELLES/MARQUARDT - MOVED TO ADOPT RESOLUTION 00-80 BY READING OF TITLE.

There was lengthy discussion regarding this concept.

WELLES/MARQUARDT - MOVED TO AMEND TO DELETE THE THIRD WHEREAS BE IT THEREFORE RESOLVED CLAUSE: (BE IT FURTHER RESOLVED THAT ANY COMMITMENT BY THE CITY OF HOMER TO PARTICIPATE IN PROVIDING SERVICES TO ANY CREATED SERVICE AREAS WILL DEPEND ON, CITY BOUNDARIES CREATED DURING THIS ANNEXATION PROCESS, AND FUTURE NEGOTIATED TERMS OF CONTRACT BETWEEN THE CITY AND THE CREATED SERVICE AREA.)

After consideration of this motion and with the consensus of the Council the amendment was withdrawn.

General opinion of the Council seemed to be that this was poor timing. Some Councilmembers agreed with the concept, but not at this time.

VOTE: YES: WELLES.

NO: CUE, FENSKE, YOURKOWSKI, MARQUARDT.

Motion failed.

COMMENTS OF THE AUDIENCE.

Wendy Kroll, Cook Inlet Keeper, commented on the Woodard Creek watershed and drainage area. She noted that it is one of Homer's last remaining urban streams. She reported on the meeting held July 24th about Woodard Creek. There will be another meeting on August 21st at 7 p.m. to form a Woodard Creek Watershed Association. The presence of two Councilmembers at the first meeting was greatly appreciated. A letter is included in the packet from Ms. Kroll.

Ginger Tornes thanked the Council for the dedication and generosity in making Homer a better place to live. She relayed the recent activities regarding Triangle Park, how the agreed upon design has been changed and voiced her extreme dissatisfaction with how things are progressing. She urged the Council to address this immediately and get the design back to where it is supposed to be. She provided a letter addressing her concerns and provided a draft letter to DOT for the Council to send.

Mayor Cushing called for a break at 11:37 p.m. to provide for Ms. Tornes to get the newest drawing from her vehicle. Mayor Cushing reconvened the meeting at 11:40 p.m.

Mr. Tornes shared the design briefly with the Council. This matter will be reviewed this week.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans is on standby should he be needed.

COMMENTS OF THE CITY CLERK

City Clerk Calhoun had no comment.

COMMENTS OF THE CITY MANAGER .

City Manager Drathman reported that Finance Director Baugh had an emergency appendectomy. He further reported that the Bud Weiser Clydesdales will be in Homer on August 21st, weather permitting, and will be on Pioneer Avenue.

COMMENTS OF THE MAYOR

Mayor Cushing stated that he did not want the wrong message to go out regarding ISTEA money. The City has received a good portion of ISTEA funds. ISTEA funds, $1.6 million, went to the Spit Pathway and the associated water line replacement. He thanked Ms. Tornes for her work on raising the $30,000 for Triangle Park. He referenced recent correspondence regarding Woodard Creek drainage, advising that the City may get involved in this with respect to the tideland/wetland and water column issues. There is another situation regarding a driveway being cut into the hillside that Planning may not be done reviewing. He emphasized that the City is very much behind and in favor of a fire service area. He noted the comments about the fire service area being a good idea, but that the current timing is poor. He stated that he would certainly like to see citizens support these service areas. The City needs to see the greater Homer area willing to support these types of service areas and concept. He reported that, on behalf of the City of Homer, he accompanied Senator Stevens Staff to Gull Island and Peterson Bay last week. Senator Stevens Staff also visited the Fish and Wildlife and NERRs facility and was favorably impressed with the efforts of everyone in this area.

COMMENTS OF THE CITY COUNCIL

Councilmember Cue thanked everyone for their hard work tonight and that she would see them next week.

Councilmember Yourkowski announced that the closing date for candidates for City Council is tomorrow and asked how many Council candidates there were so far.

City Clerk Calhoun stated that the filing period closes at 5 p.m. tomorrow and that there are no Council candidates at this time.

Councilmember Yourkowski thanked the Mayor and Staff for the work on obtaining the $1.3 million grant for the dock.

Councilmember Marquardt had no comment.

Councilmember Fenske thanked the Mayor for all the things he does for the City and the community, such as dealing with Senator Stevens' Staff. These things are really important to the community and the Mayor does an exceptional job of taking care of all of these little odds and ends. He stated that he is always very impressed with the Mayor's performance as Mayor.

Councilmember Welles said "ditto" to Councilmember Fenske's comments.

ADJOURNMENT

There being no further business to come before the Council the meeting as adjourned at 11:56 p.m. The next regular meeting is scheduled for August 28, 2000 at 7:30 p.m. A worksession is scheduled for August 28th at 5 p.m. on the 2001-2006 Capital Improvements Program and the 2002 Legislative Requests.

____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Approved: __________________________