Session 00-12, a Regular Meeting of the Homer City Council was called to order at 7:43 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.

The Worksession prior to the regular meeting was held from 6:36 to 7:27 p.m. This was with Peratrovich, Nottingham & Drage, John Pickering and assistant, presentation on 50% Design of the TORA-Small Boat Harbor Improvements, question and answer session with the public.

Port Director/Harbormaster Abbott was present for the worksession along with the Mayor, Council, City Manager and other staff noted below.

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

STAFF: CITY MANAGER DRATHMAN

CITY CLERK MARY CALHOUN

DEPUTY CITY CLERK BENSON

FINANCE ACCT. SUPERVISOR MACK

FIRE CHIEF PAINTER

PUBLIC WORKS DIRECTOR MEYER

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 Substitute Ordinance 00-13(S) for Ordinance 00-13 and note correction pages 83-87, distributed on Thursday, June 8, 2000.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

There was no public comment.

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 May 23, 2000. Recommend approval.

B. Resolution 00-56, Of the City Council of Homer, Alaska extending the City of Homer Jail, Prisoner Meal Service Contract for one year with the firm of Burger King of Homer, Alaska and Authorizing the City Manager to Execute the Appropriate Documents. HPD. City Clerk. Fiscal Note: $17,000 budgeted in Acct. 100.5216.164 Recommend adoption.

Memorandum from Chief of Police as backup.

C. Memorandum 00-36, from City Clerk, Re: Young's Downtown Inn Liquor License Renewal. Recommend approval and non objection.

D. Resolution 00-57, Of the City Council of Homer, Alaska Authorizing Receipt of Funding Assistance for an Outdoor Recreation Project, Jack Gist Recreational Park, through the State Liaison Officer Provided by the Land and Water Conservation Fund. City Manager. Public Works. Recommend adoption.

Memorandum from Public Works Director as backup.

Letter from City Attorney as back up.

E. Resolution 00-58, Of the Homer City Council Designating Signatories of City Accounts, Superseding any Previous Resolution so designating. Finance. City Clerk. Recommend adoption.

F. Resolution 00-59, Of the City Council of Homer, Alaska Authorizing the City Manager to Purchase the Water Meter/PRV Inventory Material as described in Purchase Order 50749, from Badger Meter, Inc. of Englewood, Colorado in the amount of $9,062.14. City Manager. Public Works. City Clerk. Fiscal Note: $8,673.04 from Acct. 200.1413 and $389.10 from Acct. 200.5202.406. Recommend adoption.

Memorandum from Public Works as backup.

F. Resolution 00-60, Of the City Council of the City of Homer, Alaska Authorizing the City Manager to Execute the Cooperative Fire Protection Agreement by and between the City of Homer and the Alaska Department of Natural Resources, Division of Forestry. City Manager. Fire Department. Recommend adoption.

Memorandum from Fire Chief as backup.

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

FENSKE/ - REQUESTED THAT ITEM D. BE PLACED UNDER RESOLUTIONS AS ITEM A.

VOTE:(Items A - C and E - F.) YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, KRANICH, CUE.

Motion carried.

VISITORS

A. Peratrovich, Nottingham & Drage, John Pickering, presentation on 50% Design of the TORA-Small Boat Harbor Improvements/Renovations.

Mr. Pickering noted that this is the second public meeting and gave an over view of the project as it currently stands, at 50% design completion. The project had to be cut back to stay within the budget and may need some further revision.

Mayor Cushing pointed out that there will be a two week comment period on the 50% design, before work proceeds to 90% design completion. Comments should be forwarded to the Public Works Director, Carey Meyer. There will be another public meeting at 90% design completion.

ANNOUNCEMENTS/ PRESENTATIONS/ BOROUGH REPORT/ COMMISSION REPORTS

PUBLIC HEARING(S)

ORDINANCE(S)

A. Ordinance 00-13(S), Of the City Council of the City of Homer, Alaska, Authorizing the City Manager to Purchase Lot 12-A, Bunnell Subdivision No. 17, for the Amount of $38,000 and Designating this Parcel for Public Purpose. City Manager. (First Reading and Introduction 06/12/00, Public Hearing 06/26/00, Second and Final Reading 07/10/00.)

Memoranda from Public Works Director and Finance Director as backup.

WELLES/CUE - MOVED TO ADOPT ORDINANCE 00-13(S) BY READING OF TITLE.

Councilmember Cue asked about the clearing of dead spruce trees and if it were possible to leave the live deciduous trees. She stated that the City needed to be good stewards of City property and use part of this as a sound barrier or green space for that area of the community.

City Manager Drathman advised that this parcel is not being purchased to develop the lot, but to connect the rest of the subdivision to the main street. This will also provide some access to the back of the Junior High School, the area where the clear cutting was just completed. There has always been a problem with back access to the Junior High. Most of the lower block lots in Harrington Heights Subdivision are for sale due to lack of access and no water or sewer. He stated that the value of the lots may go up due to this action, which will make it possible for development of those lots. The lot is larger than the right-of-way necessary for the road. The lot, 11B, immediately to the north of this lot is already owned by the City. He voiced his assumption that the City would take out of lot 12A whatever, is needed for water, sewer and potential road and use the excess property for a park area or whatever. Mr. Drathman emphasized that this is too good of an opportunity to let it slide. He noted that Julie Derry should get the credit for bringing the sale of this lot to the City's attention.

Mayor Cushing pointed out that this will put the Noview Avenue residents two blocks closer to town.

Council stated that the funding for this purchase will come out of the HAWSP.

City Manager Drathman advised that the assumption is that if the City can sell off two pieces that money would go back into that fund and then if a road is done there would be a contribution from HARP. He reminded the Council that there is a water and sewer assessment district currently on the books for the Harrington Heights/Noview Avenue area.

Mayor Cushing asked the City Manager to find out if HARP can be used for land purchase.

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

Motion carried.

CITY MANAGER' S REPORT

A. City Manager's Report.(Ice/Crane Time, U. S. Coast Guard, Planning Director)

B. Bid Report, from City Clerk

C. Game Permit Report, from City Clerk.

D. Records Report, from City Clerk

City Manager Drathman reported the resignation of Eileen Bechtol as Planning Director, adding that the Planning Director position is a very stressful job. He pointed out the letter from the USCG commending the Port/Harbor staff for doing the great job they always do.

There was some discussion about adding a Building Inspector position, which would be a budget addition.

COMMITTEE REPORT

PENDING BUSINESS

Mayor Cushing recessed the Regular Meeting at 8:21 p.m. and called the Board of Adjustment to order at 8:21 p.m.

A. Board of Adjustment Decision Re: Griswold appeal hearing held April 24, 2000.

I. BOARD OF ADJUSTMENT - CALLED TO ORDER

Mayor Cushing called for a recess of the Board at 8:22 p.m., reconvening the Board at 8:39 p.m.

A. ACTION ON WRITTEN DECISION ON APPEAL in the Matter of COB, Inc. Application for Acceptance of Nonconforming Use.

WELLES/CUE - MOVED TO ADOPT THE FINDINGS OF FACT AS PRESENTED.

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

Motion carried.

II. ADJOURNMENT BACK TO REGULAR MEETING.

There being no further action for the Board of Adjustment the Mayor adjourned the Board at 8:41 p.m. and reconvened the regular meeting at 8:42 p.m.

NEW BUSINESS

RESOLUTIONS

A. Consent Agenda Item D. Resolution 00-57, Of the City Council of Homer, Alaska Authorizing Receipt of Funding Assistance for an Outdoor Recreation Project, Jack Gist Recreational Park, through the State Liaison Officer Provided by the Land and Water Conservation Fund. City Manager. Public Works. Recommend adoption.

Memorandum from Public Works Director as backup.

Letter from City Attorney as back up.

MOTION ON THE FLOOR AS NOTED UNDER CONSENT AGENDA.

Mayor Cushing and the Council voiced appreciation for the work done by volunteers, including the Council, Commissions, 4-H, other potential users, and the City staff on the park and the work done to acquire funding for the development of this park for the community.

Public Works Director Meyer gave a quick update on the status of the Jack Gist Recreational Park.

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

Motion carried.

COMMENTS OF THE AUDIENCE

Laura Barton thanked the Council for letting her speak. As promised to Mayor Cushing, she shared a true story, from a while back, that she was reminded of by the Annexation Procedure: Boat eggs were not exactly fresh eggs, being transported by Alaska Steamship Company and this was a long trip. Every egg was broke into a dish before used and sometimes an egg was discarded because its use was questionable. In the spring of 1946 her dad found someone with a dozen laying hens for sale, but there was no chicken wire for sale and he really needed some. One day he spoke with a man who had a roll of chicken wire that he was not using. The man told her dad that it was leaning against the shed and if he was not home when her dad went by he could just help himself. The man was not home, her dad picked up the wire and built the chicken fence. Next time he was in town he saw the man and asked him how much he owed him for the wire and was astounded at the price. Her dad said, "That's more than new price plus freight." "I know," came the answer, "but I bought a horse in the same deal and the horse died and I had to get something out of it". She asked the Council to please not saddle "us" with part of their dead horse.

Lawrence McCubbins stated that he is present to make it official that the Mayor and Council received their Administrative Notice on the lack of or if they are lacking in their Oath of Office. He asked that the Mayor and Council present their Oaths of Office to the attorney so that the he can have it or it can be put up for public inspection and for copying. He informed the Council that he is asking the Local Boundary Commission for their territorial jurisdiction.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans, pursuant to contract, is available as needed via telephone.

COMMENTS OF THE CITY CLERK

City Clerk Calhoun had no comment.

COMMENTS OF THE CITY MANAGER

City Manager Drathman thanked Eileen Bechtol for the time she has put in and that her last day is July 7th. He reported on the new City of Homer Website and the initial work of the Systems Manager on the Website expansion. All of the City Departments will have their own site and there is a link to each Councilmember's home email address. Mr. Drathman advised that one of the plans is to have permits et cetera on the specific department websites to better facilitate the public's needs. The Systems Manager will be instructing staff on Webpage formatting. He encouraged input for the construction of the City's Webpages.

COMMENTS OF THE MAYOR

Mayor Cushing asked for the City Manager to get direction from the City Attorney for the Council and himself regarding the background on this Oath of Office thing that they were just informed about. He congratulated Eileen Bechtol for serving eleven years as Planning Director, a thankless job and one that requires a good backbone. He noted that the Planning Director does not make the laws, the elected and appointed officials do. He wished her luck. He noted that it is a good endeavor and good choice to spend time with your children. He offered condolences and personal sorrow to the families of the many fine people that the town lost this last couple of weeks and recognized their contributions and backgrounds. In response to Laura Barton, he advised that he did disappear the last couple of weeks, recommending it for everyone, and that he went to his first son's graduation from college, which was a great feeling and almost as good as when he graduated. He stated that the family had a lot of fun and put about 1600 miles on a rental car touring around New York's big cities, villages and towns that have been around up to two hundred years. He commented on reading the history of many of these places and noted that these areas did not get where they are today without going through periods as Homer is right now. Whatever the course of this annexation, whatever step the Council takes next there will be input from citizens around the process. He emphasized that citizen input is vital to the deliberative and democratic process. He pointed out that one can look around the world and see the undemocratic process. This democratic process is allowed by state law. Mayor Cushing suggested that if the state law is not liked then change it, which is what some may be working on doing. He encouraged everyone on both sides to hang in there, keep up the good will and good process and keep civility. He noted the heavy amount of reading that lay before them. He commented that the polite and rational remarks are much more convincing, even if the opinion is 180 degrees different than the Council. He recommended that everyone proceed ahead with civility and that everyone is trying to make this area a better area. There is some disagreement on some of the concepts right now. He asked that everyone keep trying to rationally understand those differences and make good ends out of everything as soon as possible.

COMMENTS OF THE CITY COUNCIL

Councilmembers Welles and Cue had no comments.

Councilmember Fenske stated that the process has finally come to the nuts and bolts. He voiced his appreciation of what Dan Bockhorst, Local Boundary Commission staff, had to say about this next bit of time that will be spent on getting the Commission together and discussing these issues and/or adverse interpretation of maybe what is perceived as happening. This is a part of the process that really needs to be concentrated on and the most attention paid by the community. He encouraged those people who have been boycotting the other forums to become more involved at this time as going over these briefs and having these next groups of hearings. This is where the rubber meets the road and everyone needs to work together. There are no six individuals that can do this by themselves, as has been inferred. This is something that involves the community. He voiced appreciation for the letter from the City Manager, which reminded the Mayor and Council that they are elected by the public. Part of what got them elected were stands that they have taken in the past about the direction that the community needs to follow. He noted the comments of the Mayor about the road not being easy and that no one promised them this when they were elected. He voiced his admiration for the amount of energy being spent by this Council on trying to resolve the issues of the community.

Councilmember Marquardt echoed the comments of the Mayor and voiced agreement with Councilmember Fenske. He stated that the process Council chose was the only way this process would get the type of responses that Council has received up to this point. He voiced his belief that if the Council had politely asked everybody to join them at the table for a discussion about annexation the outcome would not have been nearly as fruitful as it has been now up to this point today with the volume of letters and information that has been received in this last week. He thanked everyone that did take the time to file a response. He advised that he has just started to get into the reading, there is some really good stuff and information available in some of the briefs. He stated that he is looking forward to continued reading.

Councilmember Kranich said that he would like to follow up on Councilmember Fenske's comments about the road not being easy. He did not know what time of year it was that Laura Barton's father picked up that roll of wire, but at the wrong time of year the road was not easy to get it home so he probably had to carry it home on his shoulder. So there probably is going to be a few more bumps and chuck holes down the road so one way or another all will get down there whether in the same lane or opposite lanes.

Councilmember Yourkowski stated that he feels the same way as the Mayor regarding civility and that Councilmember Fenske had good comments. He noted that now the Council has something to look at, both sides of the story, and a lot of reading. He inquired of Councilmember Marquardt, Chair of the Road Standards Committee, if the Committee would be meeting soon. He stated that he would be free between June 26th and July 4th.

Mayor Cushing reminded the Committee Chair to let the Clerk know so that she can do the necessary advertising. He asked the Manager how much staff time he needed to prepare for the Road Standards Committee.

City Manager Drathman replied to just let him know what is needed.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 9:05 p.m. The next regular meeting is scheduled for June 26, 2000 at 7:30 p.m. There will be a worksession with the Auditor at 6:30 p.m. There may be a Road Standards Committee meeting between June 26th and July 4th.

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MARY L. CALHOUN, CMC, CITY CLERK