Session 00-16, 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.

A worksession was held from 5:12 p.m. to 7:00 p.m. on the 2001-2006 Capital Improvements Program and the 2002 Legislative Requests.

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

STAFF: ACTING CITY MANAGER BAUGH

CITY CLERK MARY CALHOUN

CITY CLERK ASSISTANT LIVINGSTON

ACTING PLANNING DIRECTOR GUYTON

POLICE OFFICER DEVEAUX

PORT DIRECTOR/HARBORMASTER ABBOTT

PUBLIC WORKS DIRECTOR MEYER

ABSENT: COUNCILMEMBER: 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 an addition of a Thank You Card to the Public Works Department from an Elderberry Court resident.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

There were no public comments.

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 regular meeting unapproved minutes of August 14, 2000. Recommend approval.

B. Memorandum 00-49, from City Manager, Re: Engineering Technician Position Request. Increase of $14,000 to budget will be required. Recommend approval.

C. Resolution 00-81, Of the City Council of the City of Homer, Alaska Supporting the Construction of the Bartlett/Hohe Rehabilitation Project Extension of Bartlett to the South Peninsula Hospital, Main Street from Pioneer Avenue to the Sterling Highway, Nominating the Construction of Main Street to Curb and Gutter Design, Supporting the Spit Separated Pathway and End of the Road Wayside Park, Supporting the Construction of cul-de-sac at the end of the Sterling Highway and Agreeing to Provide the Required Rights-of-Ways and Agreeing to take over the Ownership and Full Year Round Maintenance of these Projects Upon Construction Completion. City Manager. Personnel. Recommend adoption.

D. Added from Resolutions Item. A: Resolution 00-82, Of the City Council of the City of Homer, Alaska Amending Council's Operating Manual by Providing for Ordinances to be Introduced on the Consent Agenda. City Manager. Mayor.

WELLES/CUE - MOVED TO ADOPT THE RECOMMENDATIONS OF THE CONSENT AGENDA.

WELLES/CUE - MOVE RESOLUTION 00-82 AND 00-83 TO THE CONSENT AGENDA.

Councilmember Kranich objected to Resolution 00-83 being placed on the Consent Agenda.

THERE WAS CONSENSUS FOR RESOLUTION 00-82 TO BE ADOPTED VIA THE CONSENT AGENDA.

MARQUARDT/ - REQUESTED THAT ITEM B. MEMORANDUM 00-49 BE PLACED UNDER NEW BUSINESS AS ITEM A.

VOTE: (ITEM A, C, & D.) YES: FENSKE, WELLES, MARQUARDT, KRANICH, CUE.

Motion carried.

VISITORS

ANNOUNCEMENTS/ PRESENTATIONS/ BOROUGH REPORT/ COMMISSION REPORTS

Councilmember Welles advised that the EDD position he currently holds will be vacant in October, the end of his Council term.

Mayor Cushing presented the City Clerk and Deputy City Clerk a commendation from the Anchorage Census Office for their assistance with Census 2000.

PUBLIC HEARING(S)

A. Hazel Avenue and Poopdeck Street Road Assessment Districts.

There was no public testimony.

B. 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.)

There was no public testimony.

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

There was no public testimony.

D. Ordinance 00-24, Of the City Council of Homer, Alaska Appropriating 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.)

There was no public testimony.

E. Ordinance 00-25, Of the City Council of the City of Homer, Alaska Amending Homer City Code 14.04.080(c)(2). Fenske. (First Reading 08/14/00, Public Hearing 08/28/00, Second Reading 08/28/00.)

There was no public testimony.

ORDINANCE(S)

A. 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.)

FENSKE/CUE - MOVED FOR THE ADOPTION OF ORDINANCE 00-14 B READING OF TITLE ONLY FOR SECOND AND FINAL READING.

There was no discussion.

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

Motion carried.

B. 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.)

KRANICH/WELLES - MOVED FOR THE ADOPTION OF ORDINANCE 00-15 BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.

Councilmember Kranich stated that this action brings the City into the 21st century.

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

Motion carried.

C. 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.)

WELLES/FENSKE - MOVED FOR THE ADOPTION OF ORDINANCE 00-22 BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.

Councilmember Kranich questioned the $3,850 figure that was in the fiscal note, wondering if it shouldn't be twice that amount.

Acting City Manager Baugh stated that the amount was for a half of a year.

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

Motion carried.

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

WELLES/FENSKE - MOVED FOR THE ADOPTION OF ORDINANCE 00-23 BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.

Councilmember Marquardt asked who actually writes the grants that the HPD receives.

Acting City Manager Baugh stated that these are small mini grants that go for training and reimbursements and are written by Chief of Police Robl and Lt. Rosencrans.

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

Motion carried.

E. Ordinance 00-24, Of the City Council of Homer, Alaska Appropriating 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.)

KRANICH/WELLES - MOVED FOR THE ADOPTION OR ORDINANCE 00-24 BY READING OF TITLE FOR SECOND AND FINAL READING.

Councilmember Kranich inquired about and voiced a concern regarding the demolition portion of this project.

Acting City Manager Baugh advised that the demolition refers to cutting off the ends of the old dock.

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

Motion carried.

F. Ordinance 00-25, Of the City Council of the City of Homer, Alaska Amending Homer City Code 14.04.080(c)(2). Fenske. (First Reading 08/14/00, Public Hearing 08/28/00, Second Reading 08/28/00.)

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

There was no discussion.

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

Motion carried.

G. Ordinance 00-26, Of the City Council of Homer, Alaska Accepting and Appropriating the FY 01 State Revenue Sharing Payment in the Amount of $57,039.00. Mayor. Finance. City Clerk. (First Reading 08/28/00, Public Hearing 09/11/00, Second Reading 09/11/00.)

WELLES/CUE - MOVED TO ADOPT BY READING OF TITLE FOR FIRST READING AND INTRODUCTION.

There was no discussion.

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

Motion carried.

H. Ordinance 00-27, Of the City Council of Homer, Alaska Authorizing the Homer Police Department Participation in the Tobacco Enforcement Program, Appropriating $5,000.00 from the State of Alaska for this Program and Authorizing the City Manager to Execute the Appropriate Documents. HPD. City Manager. City Clerk.(First Reading 08/28/00, Public Hearing 09/11/00, Second Reading 09/11/00.)

Memorandum from HPD as backup.

FENSKE/CUE - MOVED THE ADOPTION OF ORDINANCE 00-27 BY READING OF TITLE ONLY FOR FIRST READING AND INTRODUCTION.

There was no discussion.

VOTE: Y ES: FENSKE, WELLES, MARQUARDT, KRANICH, CUE.

Motion carried.

I. Ordinance 00-28, Of the City Council of Homer, Alaska Accepting and Appropriating an USDA Grant for Kachemak Nordic Ski Club and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Admin. Asst.

Memorandum from Admin. Asst. as backup.

MARQUARDT/CUE - MOVED FOR THE ADOPTION OF ORDINANCE 00-28 BY READING OF TITLE FOR FIRST READING AND INTRODUCTION:

Councilmember Marquardt congratulated the Nordic Ski Club on obtaining this grant that member Tara Schmidt wrote. He commended the great effort by this volunteer group in maintaining the trails for winter activities for the locals and visitors.

Councilmember Kranich echoed Councilmember Marquardt's comment in support of the Nordic Ski Club. He noted that here is another instance where without the City of Homer this organization may not have been eligible for this grant.

Acting City Manager Baugh added that Sheri Hobbs assisted on writing this grant, the Chamber of Commerce grant and other grants.

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

Motion carried.

CITY MANAGER' S REPORT

A. City Manager's Report.(Ice/Crane Time and the lay down of a Thank you card to Public Works from Elderberry Court resident.)

B. Bid Report, from City Clerk

COMMITTEE REPORT

Councilmember and Water and Sewer Standards Committee Chair Fenske voiced his hope that the Committee would be able to move forward on the water and sewer issues after this coming Thursday. (Council's action on the City's reply brief at a Special Meeting, Thursday, August 31st at 7:30 p.m.)

PENDING BUSINESS

NEW BUSINESS

A. Consent Agenda Item B. Memorandum 00-49, from City Manager, Re: Engineering Technician Position Request. Increase of $14,000 to budget will be required. Recommend approval.

Main motion is on the floor for approval of the recommendation: Approve the advertisement and hiring of an Engineering Technician.

The Council and Public Works Director discussed the need for this position and what the job duties would entail.

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

Motion carried.

RESOLUTIONS

A. Resolution 00-82, Of the City Council of the City of Homer, Alaska Amending Council's Operating Manual by Providing for Ordinances to be Introduced on the Consent Agenda. City Manager. Mayor.

ADOPTED UNDER CONSENT AGENDA.

B. Resolution 00-83, Of the Homer City Council Establishing the ICA Retirement Corporation Governmental Money Purchase Plan and Trust (401 A). City Manager. Personnel.

Memorandum from Personnel as backup.

WELLES/CUE - MOVED TO ADOPT RESOLUTION 00-83 BY READING OF TITLE.

Councilmember Kranich inquired why the 401 A was being offered to the City Manager only and that it appears, on page 127 of the packet, that this is for full vesting with zero years of service so that at age 55, or a year later, a person could retire and take the money.

Acting City Manager Baugh responded that the Council put this in the City Manager's contract and this is what the Council wanted. He advised that care has to be taken when doing a 401A and that the City can only do this for the City Manager without getting in trouble. If it is opened up for Department Heads it would have to be opened up for the whole City and right now the Council only authorized this for the City Manager in his contract and not as a City benefit. Acting Manager Baugh affirmed that the way this is being written the Manager is vested the day he enters the 401 A plan and could retire, as stated by Councilmember Kranich, and take the money.

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

Motion carried.

COMMENTS OF THE AUDIENCE

Laura Barton stated that when she came to City Hall to pick up a copy of the annexation reply brief she was told that she had to sign so that the City could keep track of how many were being given out. She commented about no one having enough math skills to figure out how many were given out if a specific amount is copied. She commented that the first thing that came to her mind was intimidation; however, it could be that if an error was found those individuals could be notified. If either of these is true the public should have been told. She suggested that if City employees cannot count, a math test be administered to all future "hirees". She asked the Council to please not annex her into the City, adding that she does not want to deal with this kind of bureaucracy. She thanked the Council for their time.

Bob Keyes commented about reading in the paper that the public had a hard time hearing the Council during a meeting. He stated that it is difficult to hear the Council when sitting in the back row in the Council Chambers. He urged Councilmembers to use their microphones and noted that Mayor Cushing uses his properly. Mr. Keyes informed the Council that he used to teach communications and that one should keep the microphone four to six inches in front of one's mouth and not above or below the mouth. He relayed that Eileen Bechtol told him, prior to her resigning, that he was being watched, yet does not know why he is being watched. He reported that he has a pile of chips on East Road that were given to him by Circle DE and he has made the chips available to all the churches, the museum, and the Senior Citizens for free to use on play fields, playgrounds etcetera. Voznesenka School got a pickup load for their playground. Pratt Museum is using the chips for all their trails for their back country tours for the children. He will be using some of the chips for fill in his lot, because the state is taking part of his property so he has to move his house and his garage. He brought with him a letter he received from the City, not signed, that states he is in violation of the City Zoning plan. Mr. Keyes said that his lawyer said the letter is so vague and not clear if this is approved or not approved, but there is no prohibition in the City ordinance that prevents a pile of landscaping chips on his property. He stated that he would like this to be straightened out with Planning and Zoning and the City Manager. Mr. Keyes commented that when he ran for City Council last year he was for annexation and still believes in it. He voiced concern regarding the animosity and mistrust expressed by his friends out East Road. These people are really upset and livid. He encouraged the Council to think about withdrawing the petition to get support and reintroduce it later.

Lawrence Ray McCubbins commented on annexation and that he still does not understand why the Council is so against due process, the issue of taxation without representation and to allowing the people to vote on annexation. He voiced a concern that down the line the Council is going to hit a real big snag in Federal Court, because there is no doubt that this is going to go to Federal Court. He asked what the reason is that he cannot get a copy of Council's Oath of Office as public officials, unless they are not public officials and are corporate officials. He stated that "they" have put in a freedom of information request and wants this on record that the Council has been administrative noticed if they are administrators and if they are public officials then judicial noticed that the Council is territorial jurisdiction for this annexation. He commented that when he was before the Council earlier he asked what their authority is and was told it is Title 29. Mr. McCubbins stated that Title 29 is possibly not positive law and if not positive law then the Council becomes personally liable for due process and the lack or depriving the people that you are trying to annex of their rights. He concluded that he just wanted to put the Council on notice.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans was not in attendance.

COMMENTS OF THE CITY CLERK

City Clerk Calhoun thanked election workers for their outstanding work specifically naming Rose Faust, Mary Thompson and Pat Evarts. She noted that Homer had record report time.

COMMENTS OF THE CITY MANAGER

Acting City Manager Baugh had no comment.

COMMENTS OF THE MAYOR

Mayor Cushing reported on meeting with the Chamber volunteers and commended them for their work and for remaining neutral regarding annexation. He also thanked all the election workers.

COMMENTS OF THE CITY COUNCIL

Councilmembers Cue and Welles had no comments.

Councilmember Fenske commented on attending the opening night of Shirley Timmreck's play, "I Eleanor". He said that he especially liked the introduction, that the play was about annexation and how it was handled in the 12th Century. He relayed that it brought a very interesting response from the audience. He emphasized that this community has some immensely talented people such as Shirley Timmreck.

Councilmember Marquardt expressed his concern with the answer Laura Barton stated she received about having to sign for the annexation reply brief, which he agreed was a poor answer and that he intends to follow up on this. He apologized to her on behalf of the City, for whatever that is worth to her, and if that was the answer that was given to her. He also commented on the lack of the audience being able to hear, which has been mentioned a number of times in the past. He noted that when the new mics were purchased and a partial upgrade done on the sound system things were better. Some improvements may be needed to the system. He voiced his appreciation of the audience attendance and comments. Mr. Marquardt stated that it was unfortunate that the letter was not signed that Mr. Keyes received regarding a supposed zoning violation, adding that there may be a good reason that the letter was sent in this manner.

Councilmember Kranich noted that the PA system works fine when there is a technician monitoring the system. At the worksession on August 21st there was not a tech monitoring the system and that is when many members of the public voiced dissatisfaction with the audio system. He agreed that this does need to be addressed.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 8:59 p.m. The next regular meeting is scheduled for September 11, 2000 at 7:30 p.m. there will be a worksession preceding the Regular meeting at 6:00 p.m. on non profits, grants, Homer Foundation and criteria. There is a Special Meeting scheduled for August 31st at 7:30 p.m. Regarding the City's Annexation Reply Brief.

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MARY L. CALHOUN, CMC, CITY CLERK