Session 02-03, a Regular Meeting of the Homer City Council was called to order at 7:30 p.m. by Mayor Pro Tem Kurt Marquardt at the Homer City Hall Council Chambers located at 491 E Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

The Council's Committee of the Whole met from 4:05 p.m. to 5:26 p.m. and discussed the regular meeting agenda, the development of City wide survey questions and the City's Land Leasing Policy.

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

STAFF: CITY MANAGER DRATHMAN

CITY CLERK CALHOUN

PUBLIC WORKS DIRECTOR MEYER

ABSENT: CUSHING, FENSKE, 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 as printed.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

There were no public comments.

RECONSIDERATION

None scheduled.

CONSENT AGENDA

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

Councilmember Cue requested that Item B. be removed from the Consent Agenda and placed under Ordinances as Item A.

A. Homer City Council regular meeting unapproved minutes of January 28, 2002. Recommend approval.

B. Ordinances 02-05, Of the Homer City Council, Amending Homer City Code Section 1.24.020 Concerning the Eligibility of Residents of Newly Annexed Territory for Election to City Offices. City Manager (Recommend introduction and first reading, Public Hearing and Second Reading on February 25, 2002.)

PLACED UNDER ORDINANCES AS ITEM A.

C. Resolution 02-11, Of the City Council of Homer, Alaska Amending the Procurement Policy and Procedures Manual, Procurement Advertising Policy. City Manager. Recommend adoption.

D. Resolution 02-12, Of the City Council of Homer, Alaska Supporting House Bill 306, An Act Authorizing the Department of Community and Economic Development to Issue Permits to Certain Agencies to Purchase, Possess and Use Certain Drugs for Euthanizing Domestic Animals. City Manager. Recommend adoption.

Memorandum from Chief of Police as backup.

E. Resolution 02-13, Of the City Council of Homer, Alaska Awarding the Professional Engineering Design Service Contracts to William Nelson and Associates of Kenai, Alaska for Various Water and Sewer Local Improvement Districts (LIDS). City Manager. Fiscal Note: (HAWSP - Harrington Heights Water and Sewer $40,275, Mariner Village/Thorn Subdivision Water and Sewer $24,228, Forest Glen Drive Water and Sewer $30,588 and West Lakeshore Drive Water and Sewer $21,075.) Recommend adoption.

Memorandum from Public Works As backup.

CUE/LADD - MOVED TO ADOPT AND OR APPROVE THE RECOMMENDATIONS OF THE CONSENT AGENDA.

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

Motion carried.

VISITORS

None scheduled.

ANNOUNCEMENTS/ PRESENTATIONS/ BOROUGH REPORT/ COMMISSION REPORTS

None scheduled.

PUBLIC HEARING(S)

A. Ordinance 02-01, Of the City Council of Homer, Alaska, Accepting and Appropriating an Alaska Highway Safety Grant in the Amount of $26,271.00, Appropriating the City's Match of $2,919.00 to Purchase a Speed Monitoring Trailer and Five Hand Held Radar Units and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Grant Revenue and Expenditure Acct. 151.739. Match appropriated from Acct. 100.160 to Expenditure Acct. 151.739. (First Reading 01/28/02, Public Hearing 02/11/02, Second Reading directly after public testimony.)

There was no public testimony.

KRANICH/CUE - MOVED FOR THE ADOPTION OF ORDINANCE 02-01 BY READING OF TITLE.

There was no discussion.

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

Motion carried.

B. Ordinance 02-02, Of the City Council of Homer, Alaska, Amending the 2001 Budget by Appropriating $170,000.00 from the General Fund, Fund Balance for Legal Fees. City Manager. Fiscal Note: $170,000 from the General Fund Fund Balance to Acct. 100.5210.100. (First Reading 01/28/02, Public Hearing 02/11/02, Second Reading directly after public testimony.)

There was no public testimony.

LADD/KRANICH - MOVED FOR THE ADOPTION OF ORDINANCE 02-02 BY READING OF TITLE.

There was no discussion.

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

Motion carried.

C. Ordinance 02-03, Of the City Council of Homer, Alaska, Appropriating $22,500.00 from the Fire Department Vehicle Reserve Fund for the Balance on the Fire Department Ambulance and for a Radio and Gurney for the Ambulance. City Manager. Fiscal Note: $22,500 Appropriated from the Fire Department Reserve Fund to Acct. 152.5902.381.(First Reading 01/28/02, Public Hearing 02/11/02, Second Reading directly after public testimony.)

There was no public testimony.

KRANICH/CUE - MOVED FOR THE ADOPTION OF ORDINANCE 02-03 BY READING OF TITLE ONLY.

Councilmember Kranich noted that $17,500 is needed to finishing paying for the new ambulance and $5,000 is for a gurney and the installation of a radio in the new ambulance so that the old ambulance remains fully equipped as a standby unit.

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

Motion carried.

D. Ordinance 02-04, Of the City Council of Homer, Alaska Accepting and Appropriating a Grant from the Alaska Department of Public Safety, Division of State Troopers in the Amount of $10,000.00 for Traffic Enforcement with an Emphasis on Identifying Seatbelt and Child Restraint Violations and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Grant Revenue and Expenditure Acct. 151.739. (First Reading 01/28/02, Public Hearing 02/11/02, Second Reading directly after public testimony.)

There was no public testimony.

CUE/LADD - MOVED FOR THE ADOPTION OF ORDINANCE 02-04 BY READING OF TITLE.

Councilmember Cue inquired if part of this funding may be used toward education, such as ads in the newspaper. She suggested contacting the education department at the hospital, adding that Sue Brooks has done a great deal regarding child safety seats. She voiced her thought that maybe education could be a part of this funding to help prevent violations for which the police will be looking.

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

Motion carried.

ORDINANCE(S)

A. Consent Agenda Item. B. Ordinances 02-05, Of the Homer City Council, Amending Homer City Code Section 1.24.020 Concerning the Eligibility of Residents of Newly Annexed Territory for Election to City Offices. City Manager (Recommend introduction and first reading,Public Hearing and Second Reading on February 25, 2002.)

CUE/LADD - MOVED FOR THE ADOPTION OF ORDINANCE 02-05 BY READING OF TITLE. (Note: for introduction.)

Councilmember Cue read the recitals and sections in entirely into the record for the public as follows:

WHEREAS, Homer City Code Section 1.24.020 requires that a person be a resident of the City for one year preceding election day to be eligible for election to the offices of Mayor and City Council; and

WHEREAS, the annexation of approximately 4.58 square miles to the City has been approved by the Local Boundary Commission and is currently under consideration by the Alaska Legislature; and

WHEREAS, persons who become eligible voters and residents of the City by annexation and who have lived in annexed territory for one year immediately preceding election day are as likely to be as familiar with and concerned about local issues as those who have resided within the existing City boundaries for a similar period of time, and should be placed on equal footing concerning eligibility for elected office.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. Homer City Code за1.24.020 is hereby amended to read as follows:1.24.020 Eligibility for office. a. A person is eligible for the office of City Council or the office of Mayor if he the person is a voter of the City as prescribed by за4.05.010 and has been a resident within the City for a period of one year immediately preceding the election day on which he the person is a candidate.

b. Residency within an area that becomes part of the City as a result of a local boundary change shall be deemed residency within the City for purposes of satisfying the one year residency requirement of this section.

Section 2. This ordinance is of a permanent and general character and shall be included in the City Code.

Section 3. This ordinance is effective immediately following preclearance by the US Department of Justice.

City Manager Drathman elucidated the reason for this Ordinance:

City Manager Drathman relayed that in Juneau someone is circulating a story that there was some kind of diabolical plot going on and that the City got caught somehow and that this is the reason for Ordinance 02-05. He emphasized that is not even remotely the facts in this case and that the Ordinance 02-05 is to eliminate any question that anyone might have regarding the residency requirement.

Councilmember Kranich reported that the residency issue also came up during the joint committee meeting in Juneau. It was noted that Dan Bockhorst and his staff at the Department of Community and Economic Development (DCED), in their examination of all of the documents, after the annexation petition was accepted, did come across the residency issue and reviewed it. Mr. Kranich stated that it is his belief that Mr. Bockhorst and DCED had legal interpretation of this matter, that they did not see this as a problem and had no problem with the residency requirement. He advised that DCED conveyed their finding to the Local Boundary Commission (LBC) for their review. Mr. Kranich confirmed that this had come up and had been reviewed long before this most recent awareness.

City Manager Drathman confirmed that the residency issue had been discussed with the LBC and reiterated that this Ordinance is purely for clarification to avoid question.

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

Motion carried.

CITY MANAGER'S REPORT

A. City Manager's Report (New hires at the Fire Department.)

City Manager Drathman commented on new hires Tim Yarbrough and Dan Miotke at the Fire Department and Lisa Vaughn at the Finance Department. He noted that Lisa Vaughn was hired to replace Jean Mack, who was hired as the Finance Director in Petersburg. Mr. Drathman stated that Jean Mack is an incredibly talented person and should do very well in Petersburg. He advised that Lisa Vaughn is a former Homer resident, has been in Nome the past several years and had been looking forward to returning to Homer. He had wanted to introduce her; however, she was not present. He encouraged the Council to drop by her office and visit.

In response to Councilmember Kranich regarding the composition of the EMT hiring committee, the Manager advised that, as near as he could recollect, the composition was Bob Painter, Scott Elmer, two different participants at the Fire Hall, as well as some involvement of Sheri Hobbs.

B. Bid report.

City Manager Drathman elucidated the reason for the RFP for the Infiltration and Inflow study, to track the rain water/gutter drain water that is overwhelming the sanitary sewer system. He advised that several grants have been applied for that are pending and this study will assist in identifying costs. He stated that the problem is when the rain is continuous for several days, which is when the plant becomes EPA non compliant and this has happened on a couple of occasions. The community and Public Works are very sensitive about this issue. He commented that a leak is probably not the case and that the situation is more likely due to the City not have a building code, no inspection and the gutters/drainages are plumbed into the sewer system. He confirmed Councilmember Kranich's comment that the large volume of cold water does kill the bacteria in the plant, which means the plant is essentially idle until the bacterial count comes back up.

C. Game permits

Councilmember Ladd pointed out that Iditarod tickets may be purchased at GCI.

COMMITTEE REPORT

There were reports about the Beach Policy Implementation Working Group meeting, Parking Task Force and some issues that overlap from the Beach Policy group, and on the Animal Shelter Design Working Group.

Beach Policy issues and progress discussed at the February 5th Implementation Working Group meeting, reported by the Public Works Director: (Those present were: Councilmember Cue, Chief of Police Robl, Public Works Director Meyer, City Planner Tucker, Finance Director Baugh, City Clerk Calhoun.)

Councilmember Marquardt reported that the parking issues on the Spit take up a large part of the Parking Task Force time.

City Manager Drathman advised that the original recommendation's were for improved parking on the west side of the Spit in the Mariner Park Area and establishing a parking area, presumed to be used primarily by birders on the east side of the Spit, in the area of where the satellite dish and recliner were located, adjacent to the right-of-ways. The Green Timbers area is still being discussed to allow vehicular traffic in that restricted area, and not allow vehicular traffic on the berms. He emphasized the grant amount will be a deciding factor as to how much the City will be able to get done, adding that the grant has a lot of competition.

Councilmember Cue advised that she is working on coordinating the Beach Appreciation Day in conjunction with the Beach Clean Up Day with the Homer Chamber of Commerce, Homer Clean Up Day. She advised that she has been in contact with Derotha Ferraro about coordinating the two events and will be contacting the Center for Alaskan Coastal Studies regarding the Beach Appreciation Week with their Coastal Week. She reported that the goal is to educate the public, celebrate the beaches and make the beaches more of a public entity and getting the public to appreciate this resource.

Councilmember Cue reported on the Animal Shelter Design Working Group that will be meeting soon and thanked the City Manager and Public Works Director for working on this project. She noted that the architect has been identified, the design, funds have been reviewed and the design will be finalized.

City Manager Drathman advised that the architect has toured the present facility, which is kind of an embarrassment, and that it has been explained to the architect that there are $400,000 for the new facility that must be constructed this year. The design will be an expandable design, so that the basic core can be done this year with the funding available for the basic services. The architect has expressed a willingness to work with the City and the Community. The Manager advised that this working group for the Animal Shelter Design should be meeting sometime this week.

PENDING BUSINESS

NEW BUSINESS

RESOLUTIONS

COMMENTS OF THE AUDIENCE

Steve Zimmerman, the only general audience member, commented on the Spit Leasing issue. He noted that he had contacted every member of the Council this past week. He stated that, judging from the agenda, evidently no one wanted to place this matter on the agenda for tonight's meeting and discuss what the Port/Harbor Commission had recommended the Council discuss. He voiced his assumption that the Council is satisfied with the way the City Manager is handling this lease issue and that "it" is just going to go through and the guy loses his buildings, or they get torn down. He voiced his displeasure, adding that he would have really liked to have seen this discussed, even if "it" went away. He thanked the Council for returning his calls and discussing this matter with him this last week. He stated that it was nice to know that there were at least ears to talk to on this issue.

It was noted that the Council discussed the lease policy during the Committee of the Whole, that there are tentative agenda, public notice and Open Meeting Act issues that must be taken into account before adding any item to the agenda. Council stated that this is too sensitive an issue to just "lay it on the table".

Mr. Zimmerman emphasized that the lease policy is incomplete and not up to date.

The Council advised that the lease policy is going to be updated prior to the next meeting.

City Manager Drathman stated that the policy manual will be up to date as far as everything under one cover within two weeks, and briefly explained the current status on the manual. The DOT leasing policy will be reviewed along with the City policy by the Lease Committee and a recommendation will be forwarded to the Council. In response to Mr. Zimmerman, the Manager noted that the Councilmembers may place on the next agenda whatever they want.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans was not present.

COMMENTS OF THE CITY CLERK

City Clerk Calhoun had no comment.

COMMENTS OF THE CITY MANAGER

City Manager Drathman had no comment.

COMMENTS OF THE MAYOR PRO TEMPORE

Mayor Pro Tem Marquardt reported on his positive trip to Juneau regarding annexation, and the Community and Regional Affairs Committee Meetings. He advised that he spoke with several of the Committee members and that there seemed to be overwhelming support from the majority of the members for the City's annexation. Some of the members are fairly mum and there are some politics involved that they did not get into. Mr. Marquardt stated that if the petition is considered on its merits it will pass, however, with the politics involved the outcome remains to be seen and it is in the local representatives hands.

COMMENTS OF THE CITY COUNCIL

Councilmember Cue commented on the continuing issue of the noise of trucks on Baycrest. She advised that she has received some phone calls from those who live on Baycrest Hill, who have reported that the noise begins about 4 a.m. and goes all day long and tapers off late afternoon. She relayed that she brought this up to Chief of Police Robl and wanted to bring this to the Council. She suggested finding some way to communicate to the truck drivers, whose trucks may have poor muffler or exhaust systems that are contributing to the noise problem, ways of alleviating the problem. The noise is becoming a nuisance to those who live on Baycrest Hill. She asked that the City Manager come back with some idea to help the Baycrest Hill residents to alleviate this noise problem.

City Manager Drathman responded that he would be happy to bring something back to the Council regarding the truck noise on Baycrest.

She thanked those who went to Juneau on the City's behalf and those who testified on Saturday in favor of the annexation issue. She voiced her appreciation of the factual testimonies in favor of annexation and the comments urging the Committee members to support annexation. She expressed her opinion that it was made clear that if annexation is not approved many of the problems that existed during the petition process are still going to exist and are going to have to be addressed. The only way the Council and City have been able to find ways to address these problems are through the annexation process.

Councilmember Ladd reported on his trip to Juneau and testimony before the Joint Committee of Community and Regional Affairs on Thursday and Saturday. He confirmed that this is a very difficult issue in terms of the Senators and Representatives trying to grapple with the issue of legislative annexation and there being some ambiguity, as some may see it, through the LBC, with submitting one petition and then amending it and having to start the clock all over again. There are some issues there and folks are saying, "How can we possibly change that?" Mr. Ladd relayed that he stated to the Committee that the road may have some problems and may need some maintenance, but to not bag the traveler that is traveling the road. Mr. Ladd stated that the City is on that road. He stated that he did not hear any group saying that the City was in error, because the City followed the process. He commented that the process does have "a way to interpret". Mr. Ladd stated that he felt very comfortable when he left town and agreed with Councilmember Marquardt that this will come out favorably for the City.

Councilmember Kranich also reported on his trip to Juneau, a wise use of City money, regarding the annexation issue. He commented on the compactness of the legislators' offices, the lack of air flow and heat, building about 99, in the outer office area when the legislator's door is closed, wherein the only office window exists. He advised that he observed the amount of boxed information stacked within these offices. He agreed with the comments by Councilmembers Marquardt and Ladd regarding the positive reception by the legislators. He emphasized that the process is in the legislators' hands and not every issue, in his opinion, being tied into this pertains to Homer's annexation and there is pressure from other areas that may persuade votes. Mr. Kranich offered personal condolences, and condolences on behalf of the City, City Council and entire City Staff, to the Harris Gordon family, adding that Mr. Gordon passed on February 8th, was a long time Homer resident with an extended family and will be sorely missed.



ADJOURNMENT

There being There being no further business to come before the Council the meeting was adjourned at 8:22.5 p.m. The next regular meeting is scheduled for Monday, February 25, 2002 at 7:30 p.m. in the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska. The Council's Committee of the Whole is scheduled to meet at 4 p.m. on February 25, 2002, in the Homer City Hall Council Chambers.





_____________________________________

MARY L. CALHOUN, CMC, CITY CLERK



Approved: ___________________________