Session 04-05, a Regular Meeting of the Homer City Council was called to order at 7:00 p.m. by Mayor Jack Cushing at the Homer City Hall Council Chambers located at 491 E Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

The Council conducted a worksession on Long Range Fiscal Planning on the General and Port/Harbor Funds from 9:13 a.m. to 11:59 a.m. Council met with Dowl Engineers, Kevin Doniere and Clotho Spinner, both landscape architects, from 1:12 p.m. to 3:02 p.m. regarding the Non Motorized Transportation and Trails Plan. Council's Committee of the Whole met from 4:08 to 5:30 p.m. Council discussed the Land Allocation Plan, specifically use of Spit Land with Council's Advisory Commissions and Board. The only Commissioner present was Port/Harbor Commissioner Sean Martin. Also on the agenda were Council's Regular Agenda Items and the Revised Lease Policy, there was insufficient time to discuss these items.

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

STAFF: CITY MANAGER WREDE

CITY CLERK CALHOUN

PUBLIC WORKS DIRECTOR

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 City Council with the following changes and notations: Addition of Commission input for Resolution 04-13(A). There was concurrence to add to Memorandum 04-33, the Mayoral appointment of Lee Krumm to the Fire Department Strategic Planning Committee as the KESA Representative. Resolutions 04-24 and 04-25 were pulled from the agenda.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public Comments upon any matter on the agenda except Visitors and the Public Hearing on Young's Restaurant Liquor License.

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 Fenske requested that Resolution 04-20 be placed under Resolutions.

Councilmember Ladd requested that Ordinance 04-09 be placed under Ordinances.

A. Homer City Council unapproved meeting minutes of February 9, 2004 Regular Meeting. Recommend approval.

B. Ordinance 04-08, Of the City Council of Homer, Alaska Amending the Account Numbers Assigned to the Water and Wastewater Master Plan and Clarifying the Revenue Source. Finance. Revenue Alaska Department of Environmental Conservation Loan monies in the amount of $300,000.00 to Expenditure account 215-825 for the Water and Wastewater Master Plan. Recommend introduction and that the Public Hearing and Second Reading be conducted March 8, 2004.

C. Ordinance 04-09, Of the City Council Amending Homer City Code, 1.24.040(d)(1), City Council Bylaws, to Change the Regular Meeting Time from Seven p.m. to Six p.m. Novak. Beck. Recommend introduction and that the Public Hearing and Second Reading be conducted March 8, 2004.

Placed under Ordinances as Item A.

D. Resolution 04-19, Of the Homer City Council in Support of GCI Broadcasting Animals at the Animal Shelter During Council Meeting Recesses. Novak. Recommend adoption.

E. Resolution 04-20, Of the Homer City Council Amending Council's Operating Manual, Section 1. Introduction, Office of the Mayor, Item 1. Regarding Seating at the Council Table. Novak. Beck. Recommend adoption.

Placed under Resolutions as Item D.

F. Resolution 04-21, Of the City Council of Homer, Alaska, Supporting the Application for a USDA Community Facilities Grant to Help Build a New Public Library and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Recommend adoption.

G. Resolution 04-22, Of the City Council of Homer, Alaska Authorizing the City Manager to Execute the 2004 Agreement for Professional Services with Coastal Animal Care for Professional Services and Operation of the Homer Animal Shelter in the Amount of $39,480.00. City Manager. Fiscal Note: Budgeted, Professional Services, 100.5210.165. Recommend adoption.

Memorandum 04-30, from Chief of Police as backup.

H. Resolution 04-23, Of the City Council Amending the City of Homer Fee Schedule, City Clerk Fees, Cemetery Grave Excavation. Public Works. City Clerk. Fiscal Note: Pass through revenues. Recommend adoption.

I. Memorandum 04-32, From City Manager, Schedule for Long Range Fiscal Planning. Recommend approval.

J. Memorandum 04-33(A), From Mayor, Appointment of Councilmember Dennis Novak to the Town Center Development Committee and Kenneth Weaver to the Parks and Recreation Commission and Lee Krumm to the Fire Department Strategic Planning Committee as the KESA Representative. Recommend Confirmation.

FENSKE/BECK - MOVED FOR THE ADOPTION AND/OR APPROVAL OF THE RECOMMENDATIONS OF THE CONSENT AGENDA AS READ.

VOTE:(Exclusion of Item C and E.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

A. Child Advocacy Coalition of Homer (CACH), Sharon Whytal, Ginny Espenshade and Jennifer Reinhart.

The CACH representatives presented an overview and background of CACH and its objectives and goals and reported on the special committee, Homeless Teens Committee or Teens in Transition .

Ginny Espenshade, Acting Chair of the CACH, gave a brief background of the CACH, which is a loosely knit group of agencies and people from agencies who provide services for youth. She advised that the list of members is incredibly diverse and includes Senator Stevens and Representative Seaton. The reason the group formed was the common caring for the youth of Homer and ranges from prevention to intervention to emergency care. The members of CACH want to support healthy choices for the youth. Some activities of CACH: For High School Graduation - as senior's marched out the Gym taxi vouchers, for free taxi cab rides home, were handed out, that said, "We hope you make good choices. We want you to be safe. If you choose to make any unhealthy choices, at least take a cab home." CACH operates by consensus, collaboration and committee work, which forces the group to focus on what is in common. This has been a very positive development. CACH, with cooperation from Representative Seaton's Office, held a teleconference on the issue of Homer's Youth and on the Peninsula. One of the gaps identified was kids who are not in a home situation and who are not getting adult supervision. At the beginning of the school year they helped present an informational assembly for students and for parents that involved an Emergency Room Doctor, a Trooper, and a visiting expert on substance abuse. Reference materials were distributed to the parents to let them know what resources are available in Homer. Committees include education, activities, sustainability and most recently there is a Homeless Teen Committee. Teen issues are in everybody's consciousness right now. Jennifer Reinhart and Sharon Whytal are members of CACH and core members of the Homeless Youth or Youth in Transition Committee. CACH supports Council's interest and concern about these issues. CACH wants to help make Council's decisions better. There are a lot of things in Homer for young people to do, those things need to be continually supported. Many of the young people activities are on the extinction list, such as the West Side Story Musical, which has over 120 young people involved in the production.

Jennifer Reinhart , Homeless Liaison for the Kenai Peninsula Borough School District serving the southern peninsula from Ninilchik south, explained one of the services available for youth in transition. She works with youth and their families who are either currently homeless or living in a transitional type living situation without stability in their housing. These services are available to any current or enrollment student who would like to be a part of school district and who currently lack a fixed adequate nighttime residence. Special services are provided for these students: School enrollment, transportation to and from the student's school of origin, free meal benefits, links to academic assistance and referrals to other services as needed and appropriate. It is known that children who come from homeless or transitional living situations face many barriers to school success. The overall goal of the Student in Transition program is to provide consistent uninterrupted education so those students can succeed in school. Indicators of students in transition are those with no permanent address or proof of residency; sharing housing of some other person, relative or friend due to a loss of housing or economic hardship; living in a hotel, campground or travel trailer due to a lack of an alternate adequate living accommodation; living in emergency shelters; waiting foster care placement; or living in a car, abandoned building, public space or some other substandard housing; or an unaccompanied youth not in the physical custody of a parent or guardian who were either kicked out or ran away. Adequate housing provides the basic needs such as cooking facilities, ability to keep the space warm, someway to maintain personal hygiene and the norms for the area. from Ninilchik South: Total number of referrals since the beginning of the school year is 29 students, 15 unaccompanied youth and 14 who are living with their families. A one day snap shot was done on January 26, 2004 by the Alaska State Housing seven without a stable living situation.

Sharon Whytal addressed the Council about the Homeless Teen Committee that was started last spring and that they consulted with Convenant House in Anchorage, a temporary housing for teenagers. She emphasized that Covenant House has consulted with the Homer Committee all along and has given advise on how to look at the problems with youth in transition. Covenant House encouraged the Committee to begin by doing a formal survey. The numbers that Jennifer Reinhart provided are the best source right now. The last couple of months the Committee has found a University Professor who has funding to do research with youth and who is willing to take on this project. This month research is beginning. There are two surveys, one to providers, anyone who deals with youth - about 80 groups, and the other is a survey of youth and health. There will be four UAA students conducting face to face interviews with youth under the age of 21 just to get more information about the problem and will come back in the summer to add on information about the transient faction. This is all in the spirit of actually listening to the problem, before taking any action. Parent focus groups have been started for the purpose of hearing parental concerns and issues; what services the parents found useful and about gaps in services; and parents' ideas about the needs and what can help the problem in our community. The Coalition has no agenda as to what to do with the information and just wants to have good information before going forward with things like:

• Mediation.

• How to support the Foster Parent Program.

• How to make it easier and a better experience for those families who have taken high school students into their homes to help them finish high school.

• How to support kids and get them involved in the existing activities.

• Getting everyone involved in helping kids with transportation, encouragement and etcetera.

• Funding sources.

• Solutions for kids who are already out on the street.

There was a question and answer period.

B. Nicky Szarzi, Purchasing Fish for the Fishin' Lagoon.

Nicky Szarzi, area biologist for the lower Cook Inlet with the Alaska Department of Fish and Game Sport Fish Division, advised the Council that the Sport Fish Division in Homer is continuing to struggle with more demand for stocked fish than money or than hatchery assistance can provide at the moment. There has been surplus fish available from the Cook Inlet Aquiculture Association. The City of Homer and members of the public raised $25,000 in 2003. This year it will take $50,000 to purchase stock. The Fishin' Lagoon has been stocked since 1984 and until 2000 runs were coming back throughout the summer season, pretty much May through September, with about 30,000 angler days with the harvest of about 8,000 Salmon. Early run Kings started in May through end of June and late run Kings coming back in late July to mid August. Late run Silvers from early August to the end of September. Since the numbers diminished the King return was discontinued. The decision was made to switch from a later returning to an earlier returning Silver Salmon stock to fill in the gap.

Council noted the economic benefit to the community by fisherman at the Fishin' Lagoon.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. Representative Paul Seaton

B. Senator Gary Stevens

The Senator and Representative gave brief legislative reports, adding that they both appreciate the opportunity to speak to the City Council:

• •The Legislative Session is about one third of the way done.

• •There is a lot of email from constituents.

• •The issues that have received the most time and discussion are funding, education and fisheries.

• •Over 850 Bills.

• •Rely on the Council and the public to keep track of area of interest.

• •When a Bill comes to the floor it already has a enough votes to pass, changing of Bills is done in Committee.

• •HB322 Change in initiative and referendum process so that these are considered at the next regular municipal election instead of a special election, an attempt to save municipalities money.

• •Education - to figure out some way to fund the schools. A way has been defined to add $210 more to foundation formula and another $178 outside of formula to fund the retirement system contribution. There is a lot of push for education, so that no teachers have to be laid off in our school district and programs could be continued as they are.

There was a question and answer period matters commented upon were:

• •Permanent Fund issues were mentioned. How big does the Permanent Fund get before it becomes a part of the deficit answer. There is absolutely no will to take away the Permanent Fund Dividend.

• •PERS and TERS, retirement systems.

• •Education is extremely essential to be funded for better education. Forward funding

Nancy Lord, Library Advisory Board Vice Chair, gave an update on the Library Project and the worksessions that were held last week with the Architect.

Mayor Cushing called for a recess at 8:53 p.m reconvening the meeting at 9:09 p.m.

PUBLIC HEARING(S)

A. New/Changed Liquor License, Young's Downtown Inn and Oriental Restaurant.

Public Testimony only, action is under New Business.

There was no public testimony.

ORDINANCE(S)

A. Consent Agenda Item C. Ordinance 04-09, Of the City Council Amending Homer City Code,1.24.040(d)(1), City Council Bylaws, to Change the Regular Meeting Time from Seven p.m. to Six p.m. Novak. Beck. Recommend introduction and that the Public Hearing and Second Reading be conducted March 8, 2004.

NOVAK/BECK - MOVED TO INTRODUCE ORDINANCE 04-09.

There was some discussion.

LADD/YOURKOWSKI - CALL FOR THE VOTE.

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

Motion carried.

VOTE: (Ordinance 04-09) YES: BECK, NOVAK.

NO: FENSKE, LADD, YOURKOWSKI, STARK.

Motion failed.

CITY MANAGER'S REPORT

A. City Manager's Report( Updates follow up , Letters regarding Hohe/Bartlett, and East End Road Water and Sewer. )

B. Game Report.

City Manager Wrede reported that he, Public Works Director Meyer and Port Harbor Director Abbott have discussed with Fish and Game about moving some of the restrooms around and the benefit would be a plumbed restroom at the Load and Launch and, perhaps, the "gold plated" restroom previously discussed by the Council. He advised that there is a debate with DOT regarding the Bartlett/Hohe drainage issue and that the City is pretty firm that this is not a City cost, that fixing drainage issues is part of bringing Bartlett up to City standards before the City takes it over; however, the City also does not want to jeopardize this project or provide any excuse for this project to be put off for another year. This issue may have to come back to Council for possible use of HARP funds. He confirmed that notices have been sent to property owners along East End Road about the water and sewer extensions and that there will be a public information meeting regarding the benefitted property owners and payment of those improvements. In response to Council, City Manager Wrede clarified the reason for the Change Order to the existing Animal Shelter Architect Design Contract and that this is based on Council's action at the last meeting.

Public Works Director Meyer advised that this Change Order involves more than just architectural, it involves survey, Civil design, soils investigation and a design that would facilitate construction through force accounting of portions of this project as well as including preparation of plans and specifications to the level required to competitively bid this project without a lot of change orders. He advised that he has set up a meeting for Thursday, with the Homer Animal Friends at the new Homer Islands and Oceans Conference Room and will deciding, within about an hour of discussion time, the final foot print for the shelter so that they can have a bid package ready to do and get construction done this summer and then finish the inside early winter. He stated that the budget is reasonable and funds do need to be located. He voiced his intentions of keeping the Council apprized of the design, that he will probably bring the Council the design information at 35% and will look for their input whenever they can.

Concern was expressed regarding the revenue sources and desire that this be identified soon.

Mayor Cushing, noting his conflict of interest, advised that Kluge asked him to be a part of the design team and that he will not be voting on or discussing this matter. He emphasized that his number to Kluge was less than the COE recommended number for geotechnical on the facility.

COMMITTEE REPORT

A. Road Standards Committee. February 3rd, synopsis.

It was noted that Chair, Kurt Marquardt, reported on this meeting at the last Council meeting.

B. Town Center Development Committee.

Councilmember Beck pointed out that the synopsis is from the December meeting and not from the January meeting. She noted that there are many different meetings going on that are associated, in one form or another, with the Town Center issues.

PENDING BUSINESS

NEW BUSINESS

A. Memorandum 04-31, from City Clerk, Re: Liquor License New/change for Young's Downtown Inn and Oriental Restaurant - Restaurant/Eating Place.

Recommendation: Voice non objection and approval to the new/change Liquor License as noted in the subject line of this Memorandum.

BECK/FENSKE - MOVED FOR THE APPROVAL OF THE RECOMMENDATION OF MEMORANDUM 04-31.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

RESOLUTIONS

A. Resolution 04-13(A), Of the City Council of Homer, Alaska Providing Input to the Kenai Peninsula Borough Assembly Regarding the Borough Comprehensive Plan. Ladd. Postponed on January 26, 2004, to get input from the Commissions, main motion is on the floor as amended.

Main motion as postponed on January 12 and 26, 2004: LADD/STARK - MOVED FOR THE ADOPTION OF RESOLUTION 04-13 BY READING OF TITLE.

Postponement was: To give the commissions an opportunity to give us their input on what we have suggested, that this Resolution be put on the next agenda of the Commissions and we have it back on our agenda two meetings from now. (February 23, 2004)

Commission input from Port/Harbor, Parks and Recreation and the Planning Commission were included.

NOVAK/FENSKE - MOVED TO POSTPONE 04-13(A) TILL NEXT MEETING SINCE WE HAVE NOT HAD FEED BACK FROM COMMISSIONS.

Motion to postpone was withdrawn.

City Manager Wrede advised that the Planning Commission did discuss this a little bit and that the general feeling was that they needed more time for thought and input.

YOURKOWSKI/FENSKE - MOVED TO MAKE AMENDMENT TO RESOLUTION 04-13(A) TO ADD ITEM 11. THE CITY RECOMMENDS THAT THE BOROUGH ACCEPT TRIAL AND PUBLIC ACCESS EASEMENTS WHEN OFFERED BY SUBDIVIDERS AND DONORS AND THAT IT AMENDS ITS SUBDIVISION ORDINANCE TO ENCOURAGE THE ESTABLISHMENT OF PUBLIC ACCESS TRAILS AND EASEMENTS WHERE FEASIBLE AND PRUDENT.

Councilmember Yourkowski reminded everyone that during the Trails Session with the Dowl Engineers today it was brought up that this was an impediment to creating trails in our area, at least, and probably borough wide.

There was some discussion regarding City of Homer plats and that this amendment directly affects plats outside of the City, since the City of Homer has trail and path powers.

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

Motion carried.

Councilmember Ladd noted for the record that the Port and Harbor Commission did discuss and support items 1 and 2.

There was some discussion on Borough time lines.

FENSKE/NOVAK - MOVED TO POSTPONE ACTION ON 04-13(A) UNTIL SECOND MEETING IN MARCH. (MARCH 22)

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

Motion carried.

B. Resolution 04-24, Of the City Council Approving the City of Homer 2004 Land Allocation Plan. Mayor and Council.

Deleted under agenda approval.

C. Resolution 04-25, Of the City Council Revising the Property Management Policy and Procedures Manual, as Provided for by the Homer City Code, Section 18.08.160(b). City Manager.

Deleted under agenda approval.

D. Resolution Item E. Resolution 04-20, Of the Homer City Council Amending Council's Operating Manual, Section 1. Introduction, Office of the Mayor, Item 1. Regarding Seating at the Council Table. Novak. Beck. Recommend adoption.

NOVAK/BECK - MOVED FOR THE ADOPTION OF RESOLUTION 04-20.

There was some discussion.

STARK - MOVED TO AMEND TO CHANGE TO DECEMBER AND JUNE.

Motion died for lack of a second.

Councilmember Stark suggested that December would be better since there could be a run off election in November.

LADD/FENSKE - CALLED FOR THE QUESTION.

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

Motion carried.

VOTE:(Resolution 04-20) YES: NOVAK, BECK.

NO: FENSKE. LADD. YOURKOWSKI, STARK.

Motion failed.

COMMENTS OF THE AUDIENCE

Audience comments upon any matter.

Ginny Espenshade provided an update regarding the Youth Facility/Detention Center in Kenai for the borough and without this center youth would have to be housed at McLaughlin Youth Center in Anchorage. This facility has been built and is already full, it has ten beds and is at capacity. There is a school within this facility and a funding stream has been created for this as a separate site school. She noted that this is a wonderful addition so that these students who get in trouble do not have to lose education time in the Kenai School District curriculum, adding that one of the biggest successes for young people is success in school. This center is a huge impact for the students who get in trouble and for their families. She voiced concern about the impact to our community of the inadequate funding of our school system, emphasizing that this is huge and is going to get worse. She acknowledged that High School Student parents are discussing leaving Homer and that these discussions are happening even more with parents of younger kids, because they don't see any change in sight. She advised that her children have been in public schools since first grade, has never regretted it, however, has a daughter that is taking Spanish 3 home school, and another taking Spanish 1 home school, since this is the only way they can get this training. She advised that they can use the school system support, because they are also in the Quest Program, which is being cut next year. She emphasized that these are not unique situations, there are kids who would have been in vocational ed this year and aren't due to cuts, kids all through the spectrum of the academic range that are not getting their needs met, whether college prep or vocational. She relayed the cries coming for Anchorage and the MatSu about cuts that were made here ten years ago, such as elementary guidance counselors and C team coaches that were cut years ago. It is good that the bigger communities are bringing this to the legislator's attention. She pointed out that the inequities of the funding formula are huge and that it needs to be fair and full funding. She applauded the legislature for bringing the funding formula up, yet the cost differential is ridiculous.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans was not present.

COMMENTS OF THE CITY CLERK

City Clerk Calhoun advised all that it is the City Manager's Birthday.

COMMENTS OF THE CITY MANAGER

City Manager Wrede had no comment.

COMMENTS OF THE MAYOR

Mayor Cushing thanked the Council fo the long and very productive day, since 9 a.m. and that it seemed that the Council stayed all on philosophy and policy.

COMMENTS OF THE CITY COUNCIL

Councilmember Stark reminded his honorable compatriots that there is a cost to the municipality to process Ordinances and Resolutions that are less than stunningly good.

Councilmember Fenske wished the City Manager a very happy birthday and that, because of this Council, Council has given employees their birthday off and hoped that the Manager enjoyed it.

Councilmember Novak commented on the meeting time and that the six o'clock starting time makes a lot of sense and voiced realization that there are other opinions and that this is how it works in a democratic society. He asserted that the fact of the matter is that an hour and a half break is not enough time for a really good dinner and is too much time to stand around. He expressed disappointment that the Council did not see that point of it and with that will move on from here.

Councilmember Ladd thanked Public Works Director Meyer for coming to the Council meeting to assist with Council getting out of the quagmire with the Animal Shelter. He suggested that Councilmember Novak must be trying to have a ten course meal during that hour and a half. He advised that military training will teach him to eat it in about five to ten minutes.

Councilmember Novak interjected that breaking from 5:30 to 6:00 would then be just perfect.

Councilmember Yourkowski reported that in an hour and a half tonight he drove home, cooked dinner and held his baby and got back in time fo the meeting. He emphasized that he just enjoyed that so much that he is not about to give it up. He hoped for no hard feelings.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 10:15 p.m. The next Regular Meeting is scheduled for Monday, March 8, 2004 at 7 p.m. The next Committee of the Whole meeting is scheduled for Monday, March 8, 2004 at 4 p.m. A worksession on the Long Range Fiscal Plan is scheduled for Monday, March 8, 2004 at 9 a.m. The meetings are scheduled to be held in the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

_____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Approved: _______________

clerk@ci.homer.ak.us, 235-3130, home number 235-2843.