Session 01-13, 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.

Council's Committee of the Whole met from 4:13 p.m. to 6:00 p.m. Agenda Item was the Regular Council Agenda.

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

STAFF: ACTING CITY MANAGER BAUGH

CITY CLERK CALHOUN

ACCT. SUPERVISOR MACK

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 the following additions of information: Revised version of the Beach Policy Task Force Recommendations for Resolution 01-44, Backup Memorandum for Ordinance 01-28, and Copy of the Jail Contract as backup to Resolution 01-41.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Rika Mouw thanked the Beach Policy Task Force members and Councilmembers Cue and Yourkowski for all their work on the Beach Policy Task Force. She stated that the recommendations from the Task Force are a good first step and are good to pin point the areas that are more vulnerable to damage caused by vehicular traffic. She voiced her hope that the policy language would allow further restrictions if and when these are needed in the future. Ms. Mouw advised the Council of her familiarity with Area One and what is currently going on in this section. She commented on what she read in the Homer News regarding informative signage, bans on camping, and voluntary limits on vehicular access in Area One. Ms. Mouw emphasized that, in her experience, informative signage does not work and cited examples; that camping is banned already in Area One and it has not stopped; and wondered about the meaning of "voluntary limits on... access" and asked that this be explained to her later. She pointed out that where restrictions are not in place vehicular access is bound to occur and will the non restricted areas attract even more traffic. She reported that most of the properties along Kachemak Drive extend out to the mean high tide line or further, so the vehicles are actually driving on private property, which is not really welcomed and to avoid driving on private property people are forced to drive their vehicle lower on the beach where there is a significant sealife population that supports shorebirds. She concluded that driving on this mud would be contrary to protecting critical habitat. She reported that last week a property owner cut a new road access to the beach off Kachemak Drive and already the damage is evident. She felt that evidence of the tracks shows no purpose for the access other than joyriding. Ms. Mouw acknowledged that an individual incident would not do considerable harm however, the cumulative effect would create lasting damage and the demands on our beaches are increasing every year. Ms. Mouw asked that the council adopt the recommendations and ensure that there is language to allow for further restrictions if they are needed. She also asked that the Area One restrictions be tightened. She believed that if vehicular traffic continues it will damage that particular area of coast line and especially if traffic increases. She thanked the council.

Jack Lentfer, Homer resident, felt the Beach Task Force has done a good job. He appreciated the protection from vehicular use for Mud Bay, Mariner Park Lagoon and Beluga Slough. He felt that more protection was needed between Mariner Park Lagoon to Bishop's Beach (in Area 6 & &) in the lower tidal area. He explained that there are three intertidal zones there. The upper zone is inert, the mid-tidal zone has some biological life and the lower zone is stable and biologically diverse. He added that the upper zone could support vehicular use with no biological damage, and the mid zone damage would not be severe, however, the lower zone could be damaged severely by vehicles. He proposed that vehicular travel be allowed in the upper zone. He called for restrictions now rather than in the future when beach use increases due to more affluence in the community and a larger population.

Sherry Bess, Director of Animal Shelter and President of Homer Animal Friends. She thanked the council for moving the animal shelter to a higher priority. She explained that it's very important to have a new shelter to the volunteers, the people of Homer, visitors, and Homer Animal Friends. Ms. Bess reported that friends of the shelter were very excited about the RFP for the design of a new shelter. She thanked City Manager Drathman for working on land for the shelter. She expressed appreciation for Councilmember Cue's work on the animal shelter project. Ms. Bess further expressed her appreciation for the council's work and dedication and acknowledged their meeting indoors on a beautiful sunny Sunday.

Chris Rideout, non-resident and supporter of Homer Farmer's Market. He thanked the council for considering allowing a farmer's market in the central business district. He reported that the Farmer's Market is currently operating on Ocean Drive from 10am to 2 pm each Saturday through September. He added that there have been several offers for other locations but feels that the Central Business District is the best location as it brings shoppers to other businesses in the area. Mr. Rideout felt that concerns such as parking and restrooms would be dealt with should the market be allowed in the Central Business District. He thought the Planning Commission and Planning Department did a great job on writing the proposed ordinance amendment and addressing the concerns that the Farmer's Market would turn into a Flea Market. He pointed out that the Market Association does not want a flea market and wants to keep this a produce/agricultural products type market. He hoped it will stay that way. He called for the council's support on Ordinance 01-32 and expressed appreciation for their work on the new animal shelter.

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.)

Councilmember Fenske requested that Item B. be placed under Ordinances as Item A.

Councilmember Kranich requested that Item F. be placed under Ordinances as Item B.

A. Homer City Council regular meeting unapproved minutes of June 11, 2001. Recommend approval.

B. Ordinance 01-28, Of the Homer City Council to Place on the October 2, 2001 General Municipal Election Ballot, Propositions pertaining to Funding Non Profits from the City of Homer General Fund. Fenske. Fiscal note: Ballot printing and advertising, Accts. 100.5227.101 and 100.5238.101. Recommend adoption for first reading, Public Hearing July 23, 2001, Second Reading August 13, 2001.

C. Ordinance 01-29, Of the City Council of Homer, Alaska, Accepting and Appropriating Funding from the State Department of Corrections in the Amount of $10,940.00 for Upgrading Plumbing Fixtures in the Jail and Authorizing the City Manager to Execute the Appropriate Documents. HPD. City Manager. Fiscal Note: Revenue Acct. 100.4503.030 and Expenditure Acct. 100.5903.164. Recommend adoption for first reading, public hearing date to be July 23, 2001 and Second Reading to be July 23, 2001.

Memorandum from Chief of Police as backup.

D. Ordinance 01-30, Of the City of Homer Amending Homer City Code Sub Section 1.24.040 (h), Bylaws for Council Procedures, Quorum; Voting and Amending the City Council's Operating Manual to Reflect the Change in the Council's Bylaws. City Manager. Recommend adoption for first reading, public hearing date to be July 23, 2001 and Second Reading to be August 13, 2001.

E. Ordinance 01-31, Of the City Council of the City of Homer, Alaska, Authorizing the Purchase of Parcel 3, of Lot 45A Coal Bay Subdivision from the Mental Health Land Trust for the Construction of the Kachemak Bay Multi Purpose Ocean Dock (Pioneer Dock) in the Amount of $3,000.00, and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Expenditure Acct. 415.5904.904. Recommend adoption for first reading, public hearing date to be July 23, 2001 and Second Reading to be July 23, 2001.

Memorandum from Public Works Director as backup.

F. Ordinance 01-32, Of the City of Homer Amending Homer City Code Section 21.48.020, Central Business District Permitted Uses and Structures, to Authorize Farmers Market and Adding Section 21.32.167 to Define Farmers Market. City Manager. Recommend adoption for first reading, public hearing date to be July 23, 2001 and Second Reading to be August 13, 2001.

G. Resolution 01-40, Of the City Council of Homer, Alaska Authorizing the City Manager to Develop a Detailed Scope of Work and to Negotiate a Lump Sum Fee for Architectural Services for the Animal Shelter Facility with the Firm of Kluge & Associates of Kenai, Alaska. City Manager. PWD. Recommend adoption.

Memorandum from Public Works as backup.

H. Resolution 01-41, Of the City Council of Homer, Alaska Approving and Accepting the Renewal of the Jail Service Contract with the State of Alaska and Authorizing the City Manager to Execute the Appropriate Documents. HPD. City Manager. Fiscal Note: Revenue of $336,003.04 to Acct. 100.4503.164 as budgeted. Recommend adoption.

Memorandum from Chief of Police as backup.

I. Resolution 01-42, Of the City Council of Homer, Alaska Approving and Accepting the Renewal of the Agreement for Joint Use of Equipment and Facilities for the Community Schools Program in the Amount of 5,000.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Recommend adoption.

J. Memorandum 01-40, from City Clerk, Re: Vacation of Portions of Benson Avenue, Hansen Avenue and Beluga Street. Recommend non objection and approval.

FENSKE/MARQUARDT - MOVED FOR THE ADOPTION OR APPROVAL OF THE RECOMMENDATIONS OF THE CONSENT AGENDA. (Items B. and F. have been placed under Ordinances as Item A. and B.).

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

Motion carried.

VISITORS

A. Mikunda Cottrell, The City's Auditor.

John Bost, Mikunda Cottrell Partner, gave the report.

MAYOR CUSHING CALLED FOR A SUSPENSION OF THE RULES TO MOVE ITEM 7. A. TO THIS POINT IN THE AGENDA.

There were no objections.

ITEM 7.A. Special Presentation to Beach Policy Task Force

Mayor Cushing thanked the Beach Policy Task Force for all of their hard work and presented each member with a certificate of recognition and appreciation.

Pat Cue and Michael Yourkowski, Co Chairs - Councilmembers, Bill Smith, Planning Commissioner, Rob Rosenfeld and Mary Lentfer, Parks and Recreation Commissioners, Mark Robl, Chief of Police, Dave Brann, Educator, Gordon Berg, Business owner, Nick Szymoniak, Student, Carol Harding, Kachemak Heritage Land Trust .

B. Chamber of Commerce six month report.

Derotha Ferraro, Executive Director, gave the report.

ANNOUNCEMENTS/PRESENTATIONS/ BOROUGH REPORT/ COMMISSION REPORTS

A. Special Presentation to Beach Policy Task Force

PLACED JUST AFTER ITEM 6. A.

Mayor Cushing called for a recess at 8:33 p.m, reconvening the meeting at 8:54 p.m.

PUBLIC HEARING(S)

A. Ordinance 01-23, Of the City Council of Homer, Alaska, Accepting and Appropriating, for Jack Gist Park, A Grant from the Kenai Peninsula Borough in the Amount of $31,225.00, a Grant from the State of Alaska Department of Natural Resources in the Amount of $169,792.00, and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Finance. Fiscal Note: Grants from KPB to revenue acct. 151.4509.735 and DNR to revenue acct. 151.4521.735 and expenditure/project acct. is 151.735. (First Reading June 11, 2001, Public Hearing June 25, 2001, Second Reading June 25, 2001 directly after Public Testimony.).

There was no public testimony.

FENSKE/CUE - MOVED TO THE ADOPTION OF ORDINANCE 01-23 BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.

There was no discussion.

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

Motion carried.

B. Ordinance 01-24, Of the City Council of Homer, Alaska, Appropriating General Fund Monies in the Amount of $239,408.00, for the Small Boat Harbor Repairs and Renovation Project and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Finance. Fiscal Note: From the General Fund - Fund Balance to expenditure/project acct. 415.906. (First Reading June 11, 2001, Public Hearing June 25, 2001, Second Reading June 25, 2001 directly after Public Testimony.).

There was no public testimony.

KRANICH/FENSKE - MOVED FOR THE ADOPTION OF ORDINANCE 01-24 BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.

There was no discussion.

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

Motion carried.

C. Ordinance 01-25, Of the City Council of Homer, Alaska Appropriating General Fund Monies in the Amount of $5,750.00, to Reimburse Homer Electric Association for a Sterling Highway Boring and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Finance. Fiscal Note: From the General Fund - Fund Balance to acct. 100.5260.100.(First Reading June 11, 2001, Public Hearing June 25, 2001, Second Reading June 25, 2001 directly after Public Testimony.).

There was no public testimony.

FENSKE/CUE - MOVED FOR THE ADOPTON OF ORDINANCE 01-25 BY READING OF TITLE FOR SECOND AND FINAL READING.

There was some concern expressed that this reimbursement for an electrical line boring could create a precedence and the assumption stated that the City Manager and/or City Attorney would redraft the City Code to "tighten it up" regarding no aerial lines and requiring borings so that this situation does not happen again.

VOTE: YES: FENSKE, LADD, YOURKOWSKI, MARQURADT, KRANICH, CUE.

Motion carried.

D. Ordinance 01-27, Of the City Council of the City of Homer, Alaska, Amending the Homer City Code Zoning Map to Rezone Portions of the Rural Residential District (RR) to General Commercial 1 (GC1). Planning Commission. City Manager.(First Reading June 11, 2001, Public Hearing June 25, 2001, Second Reading July 23, 2001.).

Substitute Ordinance 01-27 included for public hearing and review.

There was no public testimony.

ORDINANCE(S)

A. Consent Agenda Item B. Ordinance 01-28, Of the Homer City Council to Place on the October 2, 2001 General Municipal Election Ballot, Propositions pertaining to Funding Non Profits from the City of Homer General Fund. Fenske. Fiscal note: Ballot printing and advertising, Accts. 100.5227.101 and 100.5238.101. Recommend adoption for first reading, Public Hearing July 23, 2001, Second Reading August 13, 2001.

FENSKE/YOURKOWSKI - MOVED FOR THE ADOPTION OF ORDINANCE 01-28 FOR INTRODUCTION BY READING OF TITLE.

FENSKE/CUE - MOVED TO AMEND TO STRIKE PROPOSITION TWO FROM THE ORDINANCE IN ENTIRETY.

During discussion it was suggested that the third whereas clause should be a part of this amendment to delete the verbiage regarding funding level.

THERE WAS A CONCURRENCE TO ADD THIS DELETION TO THE PRIMARY AMENDMENT.

PRIMARY AMENDMENT ONE NOW READS: MOVED TO AMEND TO STRIKE PROPOSITION TWO FROM THE ORDINANCE IN ENTIRETY AND "AND AT WHAT FUNDING LEVEL" FROM THE THIRD WHEREAS CLAUSE:

PROPOSITION 2.

Shall the funding level for non profits be (mark only one dollar figure):

$0_________ $25,000.00________ $50,000 _____________

$75,000 ___ $100,000 ________ $ Other ______________

THIRD WHEREAS CLAUSE NOW READS: WHEREAS, Council desires that the voters of the City of Homer voice, through the election/ballot process, their direction for the Council regarding the funding of non profits. and at what funding level.

VOTE:(Primary amendment 1.) YES: KRANICH, CUE, FENSKE. LADD, YOURKOWSKI, MARQUARDT.

Motion carried.

Council discussed the pros and cons of the non profit question being a ballot proposition versus a survey question. They expressed a desire to assure that they get the best response coverage of the City residents/tax payers/property owners.

FENSKE/CUE - MOVED TO AMEND THE NOW THEREFORE THE CITY OF HOMER ORDAINS, SECTION 1. LINE 24, AFTER PROPOSITIONS CHANGE THE COLON TO A COMMA AND ADD "FOR ADVISORY VOTE" COLON.

Section 1. would now read: That the October 2, 2001 General Municipal Election Ballot contain the following proposition for advisory vote:

Council expressed a preference for the vote to be advisory, if this is a question on the ballot.

VOTE:(Primary amendment 2.) YES: MARQUARDT, KRANICH, CUE, FENSKE, LADD, YOURKOWSKI.

Motion carried.

VOTE:(Main amended motion ) YES: CUE, FENSKE, LADD, YOURKOWSKI, MARQUARDT, KRANICH.

Motion carried.

YOURKOWSKI/KRANICH - MOVED FOR THE ADOPTION OF ORDINANCE 01-32 BY READING OF TITLE FOR FIRST READING AND INTRODUCTION.

KRANICH/CUE - MOVED TO AMEND SECTION D., PAGE 49, LINE 125, DELETE THE PHRASE " IN THE CASE OF CRAFTS".

Section d. would now read: Created, sewn, constructed, or otherwise fashioned from component materials by the seller, in the case of crafts.

There was a lot of discussion regarding section d. as well as the rest of the Ordinance.

VOTE:(Primary amendment 1.) YES: LADD, YOURKOWSKI, MARQUARDT. KRANICH, CUE, FENSKE.

Motion carried.

VOTE: (Main amended motion.) YES: YOURKOWSKI, MARQUARDT, KRANICH, CUE, FENSKE, LADD.

Motion carried.

CITY MANAGER'S REPORT

A. City Manager's Report (Report from HPD Lt. Rosencrans Re: Southern Police Institute Administrative Officer Course, Commendation for HPD Investigator Kuhns, Letter from former City Planner Ken Miller, and Ice/Crane Time.)

COMMITTEE REPORT

A. Beach Policy Task Force

Councilmember and Co Chair Cue reported on the final meeting for the Beach Policy Task Force that was held on June 12th. She noted that the Task Force received a lot of testimony from several individuals and the final recommendations were developed. She asked for the Council's support and adoption of the final recommendations. She will be forwarding a note book of beach photographs to put in the Beach Policy Task Force file and emphasized the need to maintain a complete file for archival and historical reasons.

B. Steep Slope Task Force

Councilmember and Chair Ladd reported on the first meeting held June 12th and the first draft of the Steep Slope Development ordinance.

PENDING BUSINESS

NEW BUSINESS

A. Memorandum 01-41, from Councilmember Kranich, Re: City Manager's Contract Review and Evaluation.

Recommendation: Begin the contract review and evaluation process as noted in the body of the Memorandum.

KRANICH/CUE - MAKE A MOTION TO APPROVE THE RECOMMENDATION OF MEMORANDUM 01-41.

Council discussed and the Mayor summarized the following.

1. The City Clerk will provide the evaluations to the Mayor and Council, the same form as last year, these will be returned to the City Clerk for compilation and distributed to the Mayor, Council.

2. An Executive Session will be scheduled for the July 23rd meeting to discuss the City Manager's evaluation and contract with the City Manager. It was noted that the City Manager may request this to be public.

3. The evaluations will not be placed in the Council's Regular Meeting packet.

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

Motion carried.

Mayor Cushing called for a recess at 10:25 p.m., reconvening the meeting at 10:36 p.m.

RESOLUTIONS

A. Resolution 01-43, Of the City Council of the City of Homer, Alaska Accepting the 2000 Comprehensive Annual Financial Report with the Audit and Financial Statements and acknowledging the Management Letter Submitted by the City's Independent Auditor, Mikunda, Cottrell, & Co. City Manager.

KRANICH/FENSKE - MOVED FOR THE ADOPTION OF RESOLUTION 01-43 BY READING OF TITLE.

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

Motion carried.

B. Resolution 01-44, Of the City Council of Homer, Alaska Adopting the June 20, 2001 Recommendations of the Homer City Council Beach Policy Task Force. Cue. Yourkowski.

CUE/FENSKE - MOVED FOR THE ADOPTION OF RESOLUTION 01-44 BY READING OF TITLE ONLY.

CUE/FENSKE - MOVED TO AMEND THE RESOLUTION LINE AT THE END THE BOTTOM OF PAGE 171 ITEM 2. ADD "ON AN ANNUAL BASIS OR AS DIRECTED BY THE COUNCIL".

The amendment was discussed and reworded: TO ADD AFTER THE WORDS "ON AN ANNUAL BASIS", "OR SOONER".

2. The City Council, on an annual basis or sooner, will direct an evaluation and reassessment of Homer City Beach Policy, and make changes as required; and .

VOTE: (Primary Amendment 1. ) YES: MARQUARDT, KRANICH, CUE, FENSKE, LADD, YOURKOWSKI.

Motion carried.

LADD/CUE - MOVED TO AMEND PAGE 183, LINE 300, TO READ VEHICLES ARE PROHIBITED ON THE STORM BERM AND IN BELUGA SLOUGH AREA.

Council discussed addressing emergency vehicles.

The word "UNAUTHORIZED" was added to the amendment to the beginning of the sentence.

e) Unauthorized vehicles are prohibited on the storm berm and in and around Beluga Slough area..

VOTE:(Primary amendment 2.) YES: YOURKOWSKI, MARQUARDT, KRANICH, CUE, FENSKE, LADD.

Motion carried.

YOURKOWSKI/CUE - MOVED TO AMEND LINE 265, PAGE 182, TO STRIKE THE WORDS "EXAMINE THE FEASIBILITY OF" AND INSERT THE WORDS "CONTINUE WORK ON THE".

d) Enact Conservation Zoning and examine the feasibility of a continue work on theconservation easement.

VOTE:(Primary amendment 3.) YES: LADD, YOURKOWSKI, MARQUARDT, KRANICH, CUE, FENSKE.

Motion carried.

CUE/KRANICH - MOVED TO AMEND PAGE 176, EXECUTIVE SUMMARY, TO ADD THE WORD "RECOMMEND" AFTER THE WORD "WE" ON THE LAST SENTENCE.

We recommend working with these groups to facilitate these goals.

VOTE:(Primary amendment 4.) Unanimous consent.

An amendment was discussed to amend line 244, page 182 and line 147 page 180, to remove the word "paid" to be provided for campers to minimize the use of drift wood.

LADD/CUE - MOVED TO AMEND ITEM 10. TO STRIKE LINE 145 AND INSERT DRIFT WOOD FROM BERM AREAS SHOULD NOT BE REMOVED AND STRIKE LINE 147.

10. Provide firewood at two city owned spit campgrounds, for one year to assess for positive affect. Driftwood from berm areas should not be removed.

Line 147: Camping fees adjusted to include firewood.

VOTE:(Primary amendment 5.) YES: CUE, FENSKE, LADD, YOURKOWSKI, MARQUARDT, KRANICH.

Motion carried.

KRANICH/ - MOVED TO AMEND AREA 4. ITEM B. FIRE WOOD SHOULD BE FOR PAYING CAMPERS WHO DESIRE IT AND FEES INCLUDED FOR IT. PAYMENT INCLUDED WITH CAMP FEE.

Motion for Primary Amendment 6. died for lack of a second.

KRANICH/FENSKE - MOVED TO STRIKE B. LINE 244 AND REMOVE IN ENTIRETY.

b. Firewood should be provided for paying campers to minimize use of driftwood.

VOTE: (Primary amendment 7.) YES: MARQUARDT, KRANICH, CUE, FENSKE, LADD, YOURKKOWSKI.

Motion carried.

CUE/KRANICH - MOVED TO AMEND PAGE 180, ITEM 10. LINE 147, PREVIOUSLY DELETED, TO READ: DIRECT CITY ADMINISTRATION TO INVESTIGATE PROVIDING FIREWOOD TO BEACH USERS.

b) Direct City Administration to investigate providing firewood to beach users.

VOTE:(Primary Amendment 8.) YES: YOURKOWSKI, MARQUARDT, KRANICH, CUE, FENSKE, LADD.

Motion carried.

KRANICH/CUE - MOVED TO AMEND PAGE 183, LINE 289, TO ADD A COMMA IN PLACE OF THE PERIOD AND INSERT "INCLUDING POSSIBLE CONSERVATION ZONING".

b) Support Fish and Wildlife work to develop a plan to maintain the ecological integrity of their educational reserve, including possible conservation zoning.

VOTE:(Primary amendment 9.) YES: LADD, YOURKOWSKI, MARQUARDT, KRANICH ,CUE, FENSKE.

Motion carried.

VOTE: (Main amended motion) YES: KRANICH, CUE, FENSKE, LADD, YOURKOWSKI, MARQUARDT.

Motion carried.

COMMENTS OF THE AUDIENCE

Al Waddell advised that he has lived here since 1953, on the corner of Lake Street and the Bypass. He commented about the Beach Policy, restrictions, laws and/or policies and inquired if the City would have someone handing out this policy to each paying camper. He suggested that the signage on the beaches will be quite excessive if all of these rules are going to be posted and that if the City wants to keep all the people out then put up fences. He stated that if the space to park is being rented then perhaps the rocks, grills and so on and so forth should all be rented at the same time. Regarding the fire wood situation, Mr. Waddell reported that his observation is that it is the local people that are burning the drift wood. He agreed with the policy regarding the berms. He encouraged the Council to consider the traditional uses on the beaches. He relayed the history behind the pilings on the midwest side of the Spit Road that were wood boxes made of piling hand driven with planks attached and were installed about 1955 to keep the Spit Road from eroding. He recognized the need for more officers to enforce the Beach Policies, adding that he believes that children used to be involved more in family outings and does not want to say that kids don't have enough to do. Being in the visitor business, he voiced his fear that a sign would go up that no visitors were wanted. He suggested seeing if Seward or Whittier have something like this policy, adding that he does not want to see Homer be the leader that discourages people from coming here, since this is a beautiful place and people come here to enjoy themselves. About the firewood situation, Mr. Waddell stated that he would hate to see a firewood enterprise being run out of business by the City trying to offer the firewood, adding that if free firewood is piled up it will be gone. He likened this to the trash containers on the Spit that are used improperly by non Spit users, cost the City somewhere around $80,000 per year and are encouraged to use the Spit dumpsters by the KPB Bailing Facility employees. He suggested that the City make these dumpsters a little less accessible. He commented on his ongoing problem, since last October, with the City and asked for assistance regarding his 8" sewer and 8" water lines purchased from the City. He reported that he has over $47,000 worth of pipe sitting on his property that cannot be buried. The problem is that the sewer line is on the left side of Lake Street and there is manhole on his property by McDonalds. The sewer is twelve feet deep at the main and the water is ten feet deep at the main. He stated that his sewer pipe, that he is supposed to connect up to is exactly five and a half feet below the top of the surface of the ground. He relayed that what apparently took places was that when "they" were going to get enough run from the sewer to his property it was going to hit the water main at approximately four inches underneath the bottom of it. The contractor and the State of Alaska called the City of Homer for clarification. The City Inspector went over there and said it was okay for them to run the City sewer over the top of the water main and the specifications thereof, eighteen inches above the water line and incased in concrete six feet either side of the situation should it develop a leak. Consequently that is what elevated the sewer line and City Ordinance requires that all sewer be buried seven feet. He reported his meetings with the Public Works Director and the City Manager and that the City Manager directed the Public Works Director to find the funds to correct this, because Public Works made a mistake. According to Mr. Waddell, the Public Works Director responded that he did not have this budgeted and it would have to go the City Council and that the latest story is that since Mr. Waddell did not pay the City to put in the sewer line, the City is not liable. He stated that the result is that he cannot service his property, cannot service his existing building and that the current four inch line cannot handle the ten acres and consequently cannot connect his nine cabins to the sewer. Mr. Waddell commented on the City trying to get permission to dig into the road when the State re-paves the lower part, from Ben Walters to the Bypass. He asked Mayor Cushing for assistance and stated that he does not want any more law suits and this seems like something that can be worked out. He commented that he really does not know if the City is responsible or not, however, the City was the one asked to give the clarification and approval.

Mayor Cushing said that he would check on this and asked for some clarification. He suggested that Mr. Waddell do some insulating where the line came close to the surface.

Mr. Waddell relayed that he paid $3,000 for survey, the existing sewer situation daylights about halfway across the property in order to get enough fall. He had offered the land to the City for a sewer pump, when the City suggested that he put in a sewer pump.

Mayor Cushing asked if the sewer line had been ten feet deep would that have cured the problem.

Mr. Waddell stated that ten feet would have been perfect, but "they" did not want to stop the water line and make a hump in the water line to let the sewer line come through. He stated that this is a terrible problem. He said that the City Manager and Public Works Director have done pretty good jobs for the City, however, he has a major problem and wants relief.

FENSKE/KRANICH - MOVED TO SUSPEND THE RULES TO GO PAST MIDNIGHT FOR THE END OF THE MEETING.

VOTE: Unanimous Consent.

Motion carried.

Bill Smith thanked the Council for adopting the Beach Policy Task Force Recommendations. He stated that the BPTF worked with complicated issues and came up with nuanced responses to difficult problems. He addressed the wood for campers issue regarding the "locals" saying this is more of an extended education effort that should go on over a long period of time. He referred to Rick Ladd's comments, reiterating that it's not unusual to supply wood to campers to keep the area from being "scavaged". He stated that supplying wood was just an idea to address this one small issue and not as a cure-all for all the problems.

Chris Rideout thanked the Council for all the good work on the Beach Policy Task Force Recommendations and voiced his appreciation for their moving forward on the farmers market. He stated that the farmers market will benefit the City, the community and the visitors.

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

Acting City Manager Baugh had no comment.

COMMENTS OF THE MAYOR

Mayor Cushing updated the Council on the Kenai Peninsula Borough Reapportionment Committee's recommendations. The Borough administration has been directed to come up with a recommendation that will be approved this coming Thursday to give to the Borough Assembly four options on the number of Assembly seats; 7, 9, 11 and 13. Maps will be provided, however, the map recommendations will not be developed by the Committee. Mayor Cushing quickly appraised the Council of some of the discussed boundaries for the Southern Peninsula. He voiced his opinion that Kachemak City, Fritz Creek and Diamond Ridge have their own representative.

COMMENTS OF THE CITY COUNCIL

Councilmembers Fenske, Marquardt and Kranich had no comment.

Councilmember Cue voiced excitement and pleasure regarding the Animal Shelter project. She read portions of the Architectural RFP and the letter to the City of Homer by Kluge and Associates into the record. She thanked the City for the RFP and for the Architectural firm's recognition that this is an important issue for Homer. She thanked the Finance Department for all of their hard work to keep the City financially viable, that was emphasized through the audit report. She commented on the risk management costs, encouraged prevention and that the City provide some programs geared toward prevention to reduce health care costs. She thanked the Council for their hard work yesterday and tonight.

Councilmember Yourkowski stated that City of Homer tax payers are paying for an Animal Shelter that provides services to outlying areas.

Councilmember Ladd voiced his opinion that Kluge and Associates and Tom Livingston are two excellent professionals and that he believes that this team are good and will do good work for the City on the Animal Shelter.

ADJOURNMENT

There being no further business to come before the Council the meeting adjourned at 12:08 a.m. The next regular meeting is scheduled for July 23, 2001 at 7:30 p.m. and the next Committee of the Whole meeting is scheduled for July 23, 2001 at 4 p.m. Both meetings will be held in the Homer City Hall Council Chambers. The regular meeting of July 9th has been canceled.

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MARY L. CALHOUN, CMC, CITY CLERK

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DEENA BENSON, DEPUTY CITY CLERK

APPROVED: _________________________