Session 01-16, a Regular Meeting of the Homer City Council was called to order at 7:35 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.

Council conducted a Worksession from 4:11 p.m. to 5:17 p.m. regarding the Five Year CIP, Legislative Requests and the Governor's Matching Grant Program.

PRESENT: COUNCILMEMBERS: CUE, FENSKE, KRANICH, LADD, MARQUARDT.

STAFF: CITY MANAGER DRATHMAN
CITY CLERK CALHOUN
CITY ATTORNEY TANS
CHIEF OF POLICE ROBL
FIRE CHIEF PAINTER
POLICE OFFICER SHEALY

ABSENT: COUNCILMEMBERS: YOURKOWSKI (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 addition of Resolution 01-60 to the Consent Agenda as Item F, two Mayoral Proclamations, additional information pertaining to Resolution 01-58 from Councilmember Kranich, and Memorandum 01-51, from Councilmember Ladd to New Business as Item B.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Frank Griswold passed out some information to the Council and commented on Memorandum 01-50, the conversion of Ben Walters Park into a Skateboard Park. He stated that Ben Walters Park is one of his favorite places in the City of Homer and, it is probably no surprise that, the City Hall Chambers is one of his least favorite places and this type of legislation is the reason. Mr. Griswold said that creating a Skateboard Park at Ben Walters is not, as Mr. Fenske called it at the last meeting, a great addition instead it is a tragic loss and this conversion is a diabolical scheme on the part of the City. He advised that the real purpose is to renege on the promise made in 1983 to maintain this park for the use by the general public, a condition for the donation of this park to the City by Tony Neal. Mr. Griswold read into the record items 4, 5 and 6 of the covenant:

4. The City covenants to maintain the park in its natural state consistent with the park construction plan.

5. The City covenants to maintain the park primarily for the use of the general public and not to be used in any way for auto racing or other special interest groups.

6. The City covenants to keep the park open during the winter, snowplow an access to the park, and maintain the park as necessary to allow access to the lake for an ice skating area. The City will plow a portion of the lake for ice skating as long as an access is available.

Mr. Griswold drew attention the to following issues:

• Skateboarders are a special interest group. Extreme special interest group that the Council is catering to.

• The public, as well as some of the Council, are being duped.

• He and others listening to the last meeting did not know that Ben Walters Park was going to be eliminated and replaced with a Skateboard Park, diagram on page 23 of the packet show the parking lot is being paved and fenced in.

• The only parking that will be available is on the roadway to the park that is so narrow that two cars cannot even pass. Therefore, people that want to use the park will have to park their cars in the McDonald's parking lot. McDonald's may not be aware of this or maybe they would not be supporting this.

• Swing sets being scheduled for disposal, is being used as justification for this proposal. This is totally bogus and seems to be a common practice. This Council seems to know where they want to go and build their reasons for justification, instead of going the other way. The swings are used by people of all ages.

• Mr. Fenske mentioned, last time, that there was a parking problem. It was also discussed that the park is underutilized. How can there be a parking problem if the park is underutilized? Is the parking problem that there is too much parking? Is the solution to the parking problem to eliminate the parking altogether? Council says that the park is underutilized, because a Winebego cannot be parked there.

• This park has been called a Toddler Park. The City got rid of all the toddler equipment about five years ago and replaced it with a dump truck load of sand and some big equipment tire that is no longer there.

• People like Mr. Griswold use the park, toddlers do not use the park.

• Council has said that the character of the neighborhood will not be changed, because both Ben Walters Park and a Skateboard Park are parks. However, there is a big difference in a general use park and a skateboard park. Just because the word 'park' is in there does not mean that these are compatible. This is a radical departure from what there is now and from what the City should be maintaining.

• Public visibility. It seems ambiguous as to who wants or does not want the visibility. Visibility is important and this site is probably more liked because the skateboarders do not want visibility. Visibility of the park is blocked and probably why there is so much vandalism at this park. Every other site that has been proposed has greater visibility.

• If skateboarders want privacy they should go to a private lot.

• Accessible to foot traffic, that parking thing again.

• Ben Walters is the right size for this park, because it meets the 10,000 square feet. If it was the right size the parking would not have to be eliminated.

• There is no room for expansion. No room for similar related activities, such as people doing extreme biking. There is nothing for girls to do.

• Who uses this park right now?

Carmen Fields and others give wetlands lectures and biology lessens to students.

Bird watchers, especially during the Shorebird festival.

Children catch minnows there everyday and feed the ducks.

Picnickers enjoy a quiet place/spot to have lunch.

• Mr. Griswold uses Ben Walters in the summer because Bishop's Beach is too crowded and he enjoys a quiet place and it is a wonderful spot.

• Picnic tables are not compatible with skateboarders.

• Dog owners enjoy the park to train and swim their pets.

• Ice skaters flock to Ben Walters Park when the ice is smooth. When the parking lot is gone is the Council going to tell the ice skaters how to get to the lake? Referring to a photo he gave the Council, Mr.Griswold stated that on that one day there were thirty ice skaters in sight from the Ben Walters boardwalk.

• This is the only public access to Beluga Lake.

• Ben Walters is the worst possible site. The best site is the lower parking lot of the Homer High School being adjacent to the Police and Fire Departments, the school nurse is close by, could be easily shut off, it is ten times bigger, there is room for expansion, and just needs paving. All the other possible sites are vacant.

• Ben Walters Park is already successful and already in use and any vacant lot would be better than an existing lot.

Mr. Griswold asked the Council how many of them had been to Ben Walters Park to check it out? He pointed out that this is not the first time that the City has tried to get rid of "that", he noted his letter to Patti Whalin, that he gave the Council, wherein he had discussed this with Public Works that the board walk had been cut loose and was drifting across the bay. He advised that he volunteered, retrieved and repaired the boardwalk. He noted that right now there is a plywood patch on the boardwalk, that he put there, because the City does not tend to it and that he intends to volunteer to keep it together. He stated that the Council has to keep up their end of the bargain. He asked the Council to reconsider this idea, which is a really bad, bad idea.

Bob Cousins advised that he wanted an opportunity to lend his rare support to placing the Skateboard Park at the Ben Walters Park and that this is an acceptable site. He commented that the City lots, that just got sewer and water, behind the bank buildings are also acceptable although there is no restroom facility at that location. He interjected that he did not believe any new facilities should be installed before the private citizens have sewer and water. He wondered if the restroom at Ben Walters is one of the overriding considerations for it be chosen as the site for the Skateboard Park. He noted that not having to construct a restroom will save the City a couple of hundred thousand dollars. He emphasized that these kids need something in their lives and a skateboard park is something that the modern day kids utilize extensively in other areas and one is needed here. He reiterated that he fully supports the Skateboard Park and encouraged the Council to not put this off until next year and get it started as soon as possible to get these kids a good safe place to a very dangerous thing, in that kids will be kids. He commented that the park needs to be made as safe as possible and developed in an expedient manner. He voiced concern with the kids using the High School parking lot and did not agree that this would be a very good site for a skateboard park.

RECONSIDERATION

A. Memorandum 01-50, from City Clerk, Re: Councilmember Fenske's Notice of Intent to Rescind - the amendment to Memorandum 01-46(A), scheduled for the September 10, 2001 Regular Meeting.

Councilmember Fenske pulled this Notice of Intent to Rescind.

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 Fenske asked that Resolution 01-58 be placed under Resolutions as Item A.

Councilmember Ladd asked that Resolution 01-59 be placed under Resolutions as Item B.

A. Homer City Council regular meeting unapproved minutes of August 13, 2001. Recommend approval.

B. Ordinance 01-43 , Of the City Council of Homer, Alaska, Accepting and Appropriating Funding from the State of Alaska Department of Community and Economic Development in the Amount of $100,000.00 for the Ambulance Replacement and Authorizing the Mayor to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue Acct. 151.4520.736 and Expenditure Acct. 151.5902.736. Recommend adoption for first reading and introduction on August 27, 2001, public hearing date to be September 10, 2001 and Second Reading to be September 10, 2001.

C. Ordinance 01-44 , Of the City Council of Homer, Alaska, Appropriating Funding for the Emergency Roof Repairs for the Homer Public Library from the General Fund in the Amount of $5,000.00, Authorizing Change Order #1 to AM Services in the Amount of $8,800.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue from General Fund to Expenditure Acct: 152.390. Recommend adoption as an emergency ordinance.

Memorandum from Public Works as backup.

D. Resolution 01-58 , Of the City Council of Homer, Alaska Amending the City Manager's Contract. Fenske. Yourkowski. Cue. Fiscal Note: Acct: 100.5101-5102.110 increase for Salary 7.5% or $5,850 and Car Allowance increase of $150 per month. Recommend adoption.

Placed under Resolutions as Item A.

E. Resolution 01-59 , Of the City Council of Homer, Alaska Awarding the Bid for the Emergency Medical Services Vehicle to the Firm of Rocky Mountain Ambulance Sales and Service, Inc. of Paragonah, Utah in the amount of $115,400.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue: 151.5902.736 DCED Grant of $100,000.00 and Fleet Reserve Acct. 152.5902.381 $15,400.00 Recommend Adoption.

Memorandum from Fire Chief as backup.

Placed under Resolutions as Item B.

F. Added under Agenda Approval. Resolution 01-60 , Of the City Council of Homer, Alaska Accepting the Alaska Department of Community and Economic Development, Community Development Block Grant in the Amount of $70,000.00 for the South Peninsula Women's Services Renovation/Addition Shelter Project and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Recommend Addition

FENSKE/CUE - MOVED FOR THE APPROVAL AND ADOPTION OF THE CONSENT AGENDA AS READ.

VOTE: YES: KRANICH, CUE, FENSKE, LADD, MARQUARDT.

Motion carried.

VISITORS

A. Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) presentation from John Devens and Stan Jones.

Mayor Cushing announced that the Council had a reception and met with Mr. Devens and Mr. Jones at Lands End, just prior to this meeting

John Devens, Assistant Director of the PWSRCAC gave a very brief report and thanked the Mayor and Council for their input and support. He commented that Paul McCollum is Homer's representative on the Board. He advised that Steve Lewis from Seldovia and Dennis Lodge from Seward also joined the reception. He noted that the intent of the reception was to share information and get input. He relayed the history behind the formation of the PWSRCAC and the Cook Inlet Regional Citizens' Advisory Council (CIRCAC) after the 1989 Oil Spill, as mandated by Congress to represent the citizens of their respective regions. Information is presented to the citizens and carried back to the regulators and to the industry. Some of the issues discussed were:

• Positioning of response equipment in communities outside of Prince William Sound.

• Identifying equipment and placement in Homer.

• Non indigenous species and how these are being brought into the area, primarily in the clean ballast water in tankers, in other ships and what these species might do to Alaskan fisheries.

• Ice project. PWSRCAC sponsoring and putting close to a million dollars into a radar system looking at ice calving off of the Columbia Glacier. The EXXON VALDEZ ran aground in 1989 trying to avoid ice. The intent is to get real time analyses and information to the tanker crews.

• Fight against complacency. In 1989 the Federal Government, the state, the industry and all were complacent.

• Review Contingency Plans.

ANNOUNCEMENTS/ PRESENTATIONS/ BOROUGH REPORT/ COMMISSION REPORTS

A. Added under Agenda Approval. Mayor's Proclamations, USCG Day, September 3, 2001 and Payroll Week September 3 - 7, 2001.

Mayor Cushing did not read the proclamations into the record. He noted that he would be doing a formal presentation to the USCG on September 3rd at approximately 2 p.m

PUBLIC HEARING(S)

A. Ordinance 01-38 , Of the City of Homer Amending Homer City Code Section 18.28.050, Definitions, Adding Subsection 36. the Definition of Waste or Injury to Land. City Manager. (First Reading 08/13/01, Public Hearing 08/27/01, Second Reading 09/10/01.)

There were no objections to Mr. Cousins testifying on both Ordinances 01-38 and 01-40 at this time.

Bob Cousins advised that he spent a lot of time testifying in front of the Beach Policy Task Force last winter to no avail. He stated that he would like to get into some issues that are some of his own opinions and City Attorney Tans statements. He objected to regulating the building of fires and interfering with subsistence fishing and that the City cannot expect people to fish and not build a fire. He pointed out that the whole issue is trust, public trust and that the public trust doctrine is clear. He commented that when the City took ownership/stewardship of land from the Federal and State governments and when it was transferred to the City, along with that came the doctrine of public trust. He pointed out that this is something that the Council is abrogating and passing by Ordinance to preclude access to the beaches and restrict vehicular use on the beaches. However, he agreed, there are some logical restrictions to vehicular use on the beach, such as to protect the intertidal zones and microorganisms, which are needed to support fisheries, wildlife and humans, being interrelated in that respect. He emphasized that there are some high impact areas of the beach that are not harmed by high vehicular use with normal operation. He noted that the vehicular use on the beach is pertinent to the fishing issue and the fishing issue is pertinent to the public trust doctrine. He told the Council that they cannot restrict activities related to navigation, commerce or fisheries use and if they do this they lose their right to own the land, because this is violating the public trust doctrine which is essential to their stewardship to that piece of property. He voiced objection to transferring ownership in easement to the Land Trust. He relayed history regarding Jim Bridger's trapping expeditions and the precedence this set for public access and ingress into wild lands. He told that Council that it just does not make sense for Homer to lock up its people land for all wildlife. He stated that people need to be able to access the beach. He noted that there are some old folks in this town that need to be able to access the beach with their vehicles and the City is now at the stage of stopping these people from fishing and providing food for themselves to feed their families through the winter. He interjected that the City has already taken away the local jobs for work a day folks in this town by making the water so expensive on the Spit that the fishery was not rebuilt out there. Mr. Cousins said that he complains and believes that what he is saying will be backed up in a court of law. He stated that what the Council has in their charge to the Beach Policy Task Force is very easy, section number two: To maintain increased public access to the high ranked beaches on the Spit, to improve opportunities for fishing and other recreational activities. He emphasized that this is not what the Council is doing and the land that the City is conveying is subject to a public trust or is a violation of public policy, a reference from the Stewards Title Agency. Mr. Cousins advised that he has opinions from everywhere and displayed several papers. He voiced his opinion that what the Council is doing right now is just passing these things to stop people from accessing and utilizing the beach. He queried the Council regarding emergency type situations, such as when someone ship wrecks on the beach and wants to start a fire? Does the Council think this person will hop up to the Chief of Police and ask for permission to start a fire? He pointed out to the Council that these are the things they are not considering, such as historic use and beach access and resources, which is prescriptive and legal. He informed the Council that he has letters from Stevens, Murkowski and twenty seven other senators and congressmen to the Government that outline legalities precisely and that the Council cannot take away the public access to these public resources. He told the Council they are doing this, they are taking away the public's ability to light a fire and fish. He shared that he is just beside himself about this and that they cannot get anyone to enforce the laws that are in place. He reported that the police have been called and they do not do anything about it and there are private interests that are vacating rights to the beach and no one will do anything about it. He suggested that it is like people don't have rights any more, ownership of land bordering navigable or public waters does not grant an exclusive right to the use of the water or any right to title to the land below and/or near the high water mark subject to the rights of the people of the state to use and have access to the water for recreational purposes or any other public purpose for which the water is used or capable of being used consistent with the public trust. He beseeched the Council to have another consideration and to speak to the City Attorney, because the public is going to fish with or without the City's consent. He stated that the people have been fishing for a thousand years and the City is not going to stop them by stopping fires on the beach or by stopping the access. The old and aged have a right to access to the beach and this cannot be restricted to the young and the healthy. He recommended that the Council reconsider before passing this ordinance.

B. Ordinance 01-39 , Of the City of Homer Amending Homer City Code Section 19.16.030, Use of Vehicles Prohibited, by Deleting the Obsolete Reference to Whitney Fidalgo Access Road. City Manager. (First Reading 08/13/01, Public Hearing 08/27/01, Second Reading 09/10/01.)

There was no public testimony.

C. Ordinance 01-40(A) , Of the City of Homer Amending Homer City Code Section 5.20.020, Open Burning -- Permit Required, to Add a New Subsection Regarding Coal Fires. City Manager. (First Reading 08/13/01, Public Hearing 08/27/01, Second Reading 09/10/01.)

There was no further public testimony, the testifier under item a. was allowed to also speak on this ordinance at that time, in that these two ordinances, in the testifier's opinion, are interrelated.

D. Ordinance 01-41 , Of the City Council of Homer, Alaska, Accepting and Appropriating Funding from the State of Alaska Department of Transportation and Public Facilities (ADOT/PF) in the Amount of $3,500,000.00 for the Kachemak Bay Multi Purpose Ocean Dock Project and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. (First Reading 08/13/01, Public Hearing 08/27/01, Second reading directly after public testimony.) There was no public testimony.

KRANICH/CUE - MOVED FOR THE ADOPTION OF ORDINANCE 01-41 BY READING OF TITLE.

VOTE: YES: MARQUARDT, KRANICH, CUE, FENSKE, LADD.

Motion carried.

E. Ordinance 01-42 , Of the City Council of Homer, Alaska Accepting and Appropriating a State of Alaska Department of Health and Social Services Division of Public Health Grant for Tobacco Enforcement Program in the Amount of $5,500.00, and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. (First Reading 08/13/01, Public Hearing 08/27/01, Second reading directly after public testimony.)

There was no public testimony.

LADD/CUE - MOVED THAT ORDINANCE 01-42 BE ADOPTED BY READING OF THE TITLE.

VOTE: YES: MARQUARDT, KRANICH, CUE, FENSKE, LADD.

Motion carried.

ORDINANCE(S)

CITY MANAGER'S REPORT

A. City Manager's Report (Commendation for Homer Police Investigator, Larry Kuhns, and Homer Systems Manager, Steve Bambakidis and the Ice/Crane Time report.)

City Manager Drathman read the commendation into the record wherein Investigator Kuhns and Systems Manager Bambakidis were commended for their professionalism and dedication in a case regarding an internet crime involving unauthorized use of a credit card to electronically purchase pornography.

Chief Robl commented that he has been trying, for the last few years, to prepare the Police Department for internet type crimes, adding that he and his officers need to learn more. He reported that he will be attending a seminar in Alexandria, Virginia in October entitled, Exploiting Children Online. He advised that the seminar will cover some of the Federal assistance that is available for small departments throughout the US for working on these cases, the money is being directed toward children, who are being abused and exploited on line. He noted that there are a lot of child pornography cases and some other problems with children. Mr. Robl informed the Council that the Department is working with Internet Crimes Against Children for a grant that will provide a lot of training for the officers and that he should hear the final word on the grant within a few weeks.

COMMITTEE REPORT

PENDING BUSINESS

NEW BUSINESS

A. Memorandum 01-49, from City Clerk, Re: City Attorney's Contract Review and Evaluation.

Recommendation: Approve a one year contract beginning September 1, 2001 as noted in items 1.- 7.

FENSKE/KRANICH - MOVED FOR THE APPROVAL OF THE RECOMMENDATIONS OF MEMORANDUM 01-49.

The Mayor and Council relayed to the City Attorney, Gordon Tans, the kudos and accolades for all of his work and the work of Perkins Coie Attorneys and staff noted within the written evaluations from the staff and themselves. They noted the many benefits of contracting with Perkins Coie, a firm with many resources.

Councilmember Ladd, for the record, "I was out of state when we were asked to complete the evaluation, so I would just like to go on the record, thanking Gordon for his work, his professionalism and his good solid advise given to the City Council. I do appreciate it."

VOTE: YES: LADD, MARQUARDT, KRANICH, CUE, FENSKE.

Motion carried.

B. Added under Agenda Approval: Memorandum 01-51, from Councilmember Ladd, Re: To Further Support Memorandum 01-46(A), as amended August 13, 2001.

Recommendation: The City Council of Homer voted to adopt a skateboard park with the conditions that "Construction on the proposed site not begin until a construction plan and operating policy be presented to the Council for approval." This memorandum serves to affirm the need for a construction plan and operation policy to be approved by the City Council prior to construction. Considerations for placement in an operational policy are noted in this memorandum and attachments. This memorandum serves to also affirm the Council's desire to provide a skateboard park that offers a safe recreational activity for users while making every effort to protect the City of Homer from liability through a process approved at the August 13 Council meeting that requires a proper construction plan and operational policy.

LADD/KRANICH - MOVED FOR THE APPROVAL OF THE RECOMMENDATION OF MEMORANDUM 01-51.

Council's discussion included the following:

• •Council heard from the Skateboard Association and identified a site at the August 13th meeting.

• •The construction plan and operating policy must be approved by the Council.

• •Avoid liability and risk to the City.

• •That the skateboard park will be in compliance with the covenant.

• •COE permits and wetland permit process.

• •Proceed with the skateboard park, take all the appropriate steps and not fast track this park.

• •Mitigation or accommodation for parking and include in the plan.

• •Maintain Ben Walters Park as general use park with the Skateboard Park.

• •Obsolete playground equipment be removed.

• •Hornaday Park has toddler playground equipment and Jeffery Park could serve as a toddler's park or a place for toddler playground equipment.

• •Nature viewing group are not being impacted.

• •Are skateboarders a special interest group?

• •Concern expressed regarding the last sentence in the covenant: ... the grantor, his successors and assigns as owner of parcel two shall have the right to enforce compliance with said covenants by injunction or other legal proceedings.

• •The Council is trying to provide recreational activities for the people in the community.

In response to Council inquiry City Manager Drathman stated that the COE indicated that they had no problem with the skateboard park, with paving the existing parking lot, however, this will be double checked. Regarding the covenants, he advised that he did review the covenants and that, in his opinion, the skateboard park does fit within the covenants. He commented about the phone message from Mr. Griswold on Friday regarding concerns that the City is going to be violating the covenants. Mr. Drathman advised that he re- reviewed the covenants this morning and maintains his opinion. He relayed his conversation with Tony Neal, the donator of the parcel, wherein Mr. Neal commented about a letter he sent to the Mayor and Council and that he and Tony Neal will be meeting next week. The City Manager reported that City Attorney Tans reviewed the covenant and his opinion was that this didn't change the character of the park, it's still a general use park, and that the skateboarders are not a specific user group any more that those who use the swings. He noted that, essentially, all the City is doing is paving the parking lot and that the additional uses such as bird watching, will still be available there as the site plan showed. He stated that just as any normal project these issues would, ultimately, be addressed.

VOTE: YES: FENSKE, LADD, MARQUARDT, KRANICH, CUE.

Motion carried.

RESOLUTIONS

A. Consent Agenda Item E. Resolution 01-58, Of the City Council of Homer, Alaska Amending the City Manager's Contract. Fenske. Yourkowski. Cue. Fiscal Note: Acct: 100.5101-5102.110 increase for Salary 7.5% or $5,850 and Car Allowance increase of $150 per month. Recommend adoption.

FENSKE/CUE - MOVED TO PUT ACTION TO FIRST MEETING IN SEPTEMBER WHEN WE HAVE A FULL COUNCIL. (September 10, 2001)

Mayor Cushing inquired regarding the Mr. Fenske's intent and if there is not a full Council for the first meeting in September.

Councilmember Fenske advised that there will not be a full Council the second meeting in September and if there is not one on September 10th the Council will deal with that matter at that time.

Mayor Cushing called for a recess at 8:47 p.m., reconvening the meeting at 8:56 p.m.

VOTE: YES: CUE, FENSKE, LADD, MARQUARDT, KRANICH.

Motion carried.

F. Resolution 01-59 , Of the City Council of Homer, Alaska Awarding the Bid for the Emergency Medical Services Vehicle to the Firm of Rocky Mountain Ambulance Sales and Service, Inc. of Paragonah, Utah in the amount of $115,400.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue: 151.5902.736 DCED Grant of $100,000.00 and Fleet Reserve Acct. 152.5902.381 $15,400.00 Recommend Adoption.

Memorandum from Fire Chief as backup.

MARQUARDT/CUE - MOVED FOR THE ADOPTION OF RESOLUTION 01-59 BY READING OF TITLE ONLY.

Council congratulated the fire department for obtaining the grant secured by Representative Scalzi and that it is known that the department will put the new ambulance to good use. The reason that the low bidder was not awarded the vehicle is due to the lack of experience with installation of some of the specialized equipment requested by the Fire Department and that it ends up actually being a difference of $2,556.

Councilmember Kranich voiced some dissatisfaction with not knowing about this unbudgeted amount previously and that there is a letter in the backup to Ordinance 01-43 regarding the award of the $100,000.00 grant received on July 2, 2001, that it would have been nice to have been copied with.

City Manager Drathman reiterated previous comments that this may not be a replacement ambulance, but an addition and that he may be requesting an additional two staff members for the Fire Department. In response to Council inquiry he reported, with Fire Chief Painter's confirmation, that there is a little over $100,000.00 in the Fire Department's fleet reserve acct.

VOTE: YES: KRANICH, CUE, FENSKE, LADD, MARQUARDT.

Motion carried.

COMMENTS OF THE AUDIENCE

Frank Griswold voiced his hope that, now that the skateboard park plan is more out in the open, folks who have in the past enjoyed Ben Walters Park will ring Council's phones right off the hook calling and asking what is going on. He said that if their activities are not impacted by the Skateboard Park then he hopes that people will ask where they are supposed to park when they want to go out and look at the birds or use the other facilities and that he hopes the Council comes up with a good answer. He pointed out that convent number 1. says that the City shall hold and maintain the park property as described in a park construction plan dated March 1983 on file with the Homer City Offices and that as far as he knows none of the Council have ever seen this plan. He asked how the Council could get to this stage without ever even having a copy of this plan right in front of them, adding that this is just beyond him. Mr. Griswold stated that this should have been provided right at the very first stage of the skateboard park, Parks and Recreation should have seen it and then this skateboard park would probably never have gotten off the ground. Regarding the statement that staff did not believe that skateboarders are a special interest group, he encouraged the Council to start thinking for themselves, to not just believe everything that they hear, to not just take staff's word and if they hear this from the City Attorney then the Council should get an independent 's legal evaluation. He wondered how in the world such a conclusion could be made. He referenced the covenant regarding the special interest group statement; that this park is not to be used for auto racing or any other special interest groups. He commented that he cannot imagine a more exclusive group, all male, all young and is definitely more exclusive than auto racing. Mr. Griswold advised the Council that he did not leave any message for Mr. Drathman and does not know where that came from. Referring to the a comment by Mr. Drathman that the skateboard park will not affect other activities, Mr. Griswold stated that the other groups would be affected: 1. Parking, where are these people supposed to park and the lectures begin right in the parking lot area? 2. Carmen Fields would end up in knee deep water in the wet lands to get far enough away from an active skateboarding thing to be talking to people. 3. This is in direct violation of the covenant and there is no other conclusion.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans thanked the Council for the favorable review and for renewing the contract. He noted that this will be the start of his twelfth year associated with the City of Homer and it has been a very interesting and a very enjoyable legal practice, for which he expressed thanks. He advised that he is about to file a Supreme Court appeal brief in the Abigail Fuller request for records, adding that her brief has been filed for some time. He noted that he has been working on the City response, that it will probably be filed on Wednesday and he will send a copy to the City Manager. He shared with the Council that one of the things that he does to keep up to speed on his Municipal Law practice, is to attend conferences such as the one he will be attending this September for four days by the Municipal Lawyers Association regarding Municipal Law.

COMMENTS OF THE CITY CLERK

City Clerk Calhoun thanked the City Attorney for his hard work this past year.

COMMENTS OF THE CITY MANAGER

City Manager Drathman commented that not all the skate boarders are boys and that this is not just a boys' sport. He voiced his belief that he still has the message from his secretary to call Mr. Griswold, which prompted him to call Mr. Neal. He will advise the Council of Mr. Neal's interpretation of this matter.

COMMENTS OF THE MAYOR

Mayor Cushing confirmed that the ambulance bid had been included in the Clerk's Bid memo within the City Manager's report in previous packets. He noted that Labor Day is coming and that the Chamber of Commerce, USCG and a lot of the sea faring community have many activities planned and encouraged all to get out and enjoy these events.

COMMENTS OF THE CITY COUNCIL

Councilmember Cue responded to Mr. Cousin's comments that she feels very strongly that his comments reflected his ignorance regarding the Ordinances at the public hearing tonight. She voiced her opinion that the Beach Policy Task Force worked very hard for several months analyzing the issues surrounding City beaches. She stated that the waste and injury to land clause that is being added is the first step in maintaining the integrity of the City beaches. She encouraged Mr. Cousins to become more educated regarding this issue. She voiced her appreciation of the representatives from the Prince William Sound RCAC, coming to Homer to educate the Council on how the community can do more effective protection in the event of a technological disaster, similar to the 1989 EXXON VALDEZ Oil Spill. She further noted her appreciation for the discussion about complacency and the need to remain vigilant in protecting, preventing and appropriately responding to disasters, particularly oil spills. She noted that technological disasters were also discussed at tonight's meeting.

Councilmember Ladd reminded the City Council regarding the development of the City survey and encouraged them to get their thoughts and issues to the City Manager for the draft survey. He announced that the Steep Slope Task Force has not met the last several weeks due to Task Force member schedules; however, they plan to have a meeting the first week of September, and possibly the second week.

Councilmember Marquardt thanked the City Attorney for providing a contract with no fee increases and that the City Attorney and Perkins Coie have been doing a great job for the City. He expressed his opinion that the City Attorney's experience of twelve years with the City of Homer is a real valuable asset. He thanked the City Manager for all the hard work that he has put in to the Kachemak Bay Multi Purpose Ocean Dock/Pioneer Dock project. He thanked Frank Griswold for coming to the meeting and pointing out a few things. He thanked all the public that take the time to come the meetings and talk to the Council.

The City Manager interjected that he did not want to take the credit for the work on the Dock Project, because the whole staff has been real involved with this and it has been real time consuming. He advised that there is going to be sort of a questionnaire thing to bring the Council up to date regarding the survey placed in Council's boxes tomorrow.

ADJOURNMENT

There being no further business to come before the Council meeting was adjourned at 9:21.5 p.m. The next regular meeting is scheduled for September 10, 2001 at 7:30 p.m. The next Committee of the Whole meeting is scheduled for September 10, 2001 at 4 p.m. Both meetings will be held in the Homer City Hall Council Chambers.

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MARY L. CALHOUN, CMC, CITY CLERK

APPROVED:_____________________________