Session 00-10, a Regular Meeting of the Homer City Council was called to order at 7:33 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.

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

STAFF: CITY MANAGER DRATHMAN

CITY CLERK MARY CALHOUN

DEPUTY CITY CLERK BENSON

CHIEF OF POLICE ROBL

FINANCE DIRECTOR BAUGH

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 Council as amended: Removal of Consent Agenda Item G. Memorandum 00-30 and the addition of New Business Item A. Discussion on the Letter received May 8th from Mary Griswold and Abigail Fuller.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Mary Griswold read her letter, included in the Council's packet, into the record. In the letter she relays the history or her inquiry regarding the annexation plan in December 1999 through the petition presentation to Council in March, 2000. She noted disagreement with many of the petition's assertions through her review and subsequent research. She pointed out that she has asked the Council several times to withdraw the petition for what she considers persuasive reasons:

Ms. Griswold noted the amount of time and energy she has put into research and in meeting with City Staff, because the Council has refused to even temporarily withdraw the petition. She noted that she has written 14 pages of objections to the 12 criteria addressed in the petition and has shared with other Citizens Concerned About Annexation (CCAA) an estimated $5,000 to $10,000 for an attorney to compile a brief. She voiced her anger in having to spend this kind of money to open a dialogue with the City to address real and perceived inequities in the service arena. She relayed that last Tuesday she and two others met with City Manager Drathman to talk through a series of questions they had provided ahead of time. Dan Bockhorst, Local Boundary Commission Staff, was also present at this meeting. She advised that this meeting was cordial and that toward the end they requested the interdepartmental memos concerning the annexation proposal. She further advised that City Manager Drathman declined in that he considers these memos confidential so his staff is free to speak open and with humor that might be taken wrong by the public. She relayed a previous denial for the department memos prepared for a May 18, 1998 Council worksession on annexation with the explanation that the materials were not saved. However, some people did save these and she found the memos very instructive as would be the case with the current memos. Ms. Griswold emphasized that in order to properly rebut the assertions in the annexation petition she needs to know staff's response to the list of departmental tasks laid out in the Manager's memorandum of Tuesday, December 21, 1999. She cited some items:

Ms. Griswold stated that this is important background information necessary to effectively evaluate the annexation petition in that she is not familiar with government and does not know the full scope of department activities necessary to run the City of Homer. She asked the Council to make these materials available to her. In conclusion and voicing her willingness to help, she asked the Council to withdraw the petition and let a dialog begin to address the issues identified in the petition. If Council does not like the solutions, then resubmit the petition.

Pete Roberts urged the Council to share the data in the sense of fair play and open government. He said that he is not looking for smoking guns, but would like the same set of facts and figures that the Council has for their petition. He considers this a real breach in democracy in the way this hostile annexation has been done and the least the Council can do is see that those being annexed have access to the kinds of facts and figures to rebut or even agree. He noted that perhaps the facts and figures are not of particular importance. Somewhere there needs to be some justice, level playing and fair play, which seem to be lacking all along.

Pamela Brodie, Objective Annexation Review Group (OAR), addressed the CCAA's appeal of the denial of documents. Although, not a member of the CCAA she advised that OAR does cooperate with them. She commented on finding it odd that people had to sign to get a copy of the annexation petition, sort of an intimidating thing, and that she was told it was to be able to keep track. She found it odd and outside of her experience of the norm that oral requests to departments was referred to the City Manager. Now CCAA has been denied written requests for department memos, which have been released in the past including the 1998 consideration of annexation and are extremely important. The reason given for denying this request does not fit the legal reasons for denying requests in the Homer City Code. Ms. Brodie then read from the Code: Public Records means books, papers, accounts, writings, including drafts an memorializations of conversations and other items regardless of format or physical characteristics, that are developed or received by the city or a municipal agency and that are preserved for their informational value or as evidence of the organization or operation of the city. "Public records" does not include proprietary software programs. There are two exemptions of certain kinds of information from the city attorney and personnel records. Neither of which applies to the documents being requested in this situation. Denial of these records contributes to public distrust of government that is already exaggerated. Public trust of government needs to increase. She voiced her gratefulness to people like the Council who do the boring work of running the City. She stated that she would rather enjoy the comforts of Homer and urged the Council to direct the City Manager to follow the Code of the City of Homer, which should not be necessary. She urged the Council to make City government more open.

Dean Baugh commented about hearing about the one document the City is not providing. He said he wanted to make sure people know about all the documents that have been provided regarding the CCAA three page memo of documents wanted. He voiced his belief that those things have been provided except for just a couple of things. He relayed that today four hours were spent with the CCAA CPA/Accountant going over the books and how the petition was prepared. He emphasized that the City is being very open about what is provided and is providing a ton of information. He asked that the negativism go away regarding what has not been provided, that people be positive and get the information out there about what is being provided.

Michael Dirks stated that he wanted to make a couple of points:

Mr. Dirks stated that there are many concerns in the area of building codes and road maintenance. Every year people complain about the borough taking care of the roads. The Borough is doing a pretty amazing job with very little money. The City Council should be thinking about providing the same amount of service for the same amount of money. This is a big expense and one of the biggest concerns.

Carol Swartz thanked Councilmember Cue for initiating Resolution 00-48, in support of UAA. The City of Homer should be commended for taking this proactive direction in support of increased funding for the university. The community is lucky enough to have a local campus and should be proud even though its growth has been stalled for over 10 years due to the lack of adequate funding by the state and Resolution 00-48 delineates those points. She noted that in most states university funding increased by 42%, but in Alaska it increased by only 2%. The impact due to the lack of adequate funding has greatly affect this campus and this community, due to the lack of infrastructure in place, facilities, or physical plant and programs before the stalling. This campus plays an important role in economic development and cultural development with an even greater potential.

This community has long supported this campus and the role of this campus. The university is an industry in and of itself and can be a greater one with adequate funding from the state. She voiced her appreciation for the stand this community and others are taking for the university. Ms. Swartz commented on the golden rod survey the campus is conducting and that there are copies on the back table in the Council Chambers.

Michael Kennedy spoke to the letter by Mary Griswold and Abigail Fuller. The understanding of the annexation process, the burden of proof rests on the City, whether it takes hours, days, or weeks it is all part of the process. He stated that the promise was made that the records would be public. The information has to be verified at the demise of this June 5th deadline He thanked Councilmember Yourkowski for the Planning and Zoning worksession, the only one forth coming, and that it was very informative. There is a lot more work to do and there needs to be at least three or four more worksessions to address the issues. He noted that Councilmember Yourkowski took a lot of notes. Mr. Kennedy emphasized that with this June 5th deadline looming it is unfair that all the information is not out in a timely manner. He thanked the Council for their consideration of the appeal and asked them to vote the right way.

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 special meeting unapproved minutes of April 24, 2000. Recommend approval.

B. Homer City Council regular meeting unapproved minutes of April 24, 2000. Recommend approval.

C Memorandum 00-28, from City Clerk, Re: Request to Change Homer City Council Regular Meeting Date of May 22, 2000, Homer High Graduation Day, to May 23, 2000 at 7:30 p.m. Recommend approval.

D. Memorandum 00-29, from Mayor, Re: Teshio Red Brick Festival's "Homer Artists Corner". Recommend approval.

E. Resolution 00-47, Of the City Council of Homer, Alaska Amending the Homer Advisory Planning Commission Bylaws. City Clerk. Recommend adoption.

F. Resolution 00-48, Of the City Council of Homer, Alaska recognizing the Economic and Social Benefits Provided to the Citizens of Alaska by the University of Alaska and Supporting increased and immediate State Funding by the Alaska State Legislature. Cue. Recommend adoption.

G. PULLED under Agenda Approval: Memorandum 00-30, from Mayor, Re: Memorial Gift Bench for WKFL Park. Recommend approval.

H. Resolution 00-49, Of the City Council of Homer, Alaska Naming the Lower Ball Field at Karen Hornaday Hillside Park, as "Newberry Field". City Manager. Recommend adoption.

I. Resolution 00-50, Of the City Council of Homer, Alaska Authorizing the City Manager to Purchase the Miox System, Chlorination Equipment Upgrade, as Described in Purchase Order 50744 from Alyeska Pump in the Amount of $48,810. Public Works. City Manager. City Clerk . Capital Water Reserve Acct. Recommend adoption.

Memorandum from Public Works as backup.

MARQUARDT/WELLES - MOVED FOR THE ADOPTION OF THE RECOMMENDATIONS OF THE CONSENT AGENDA.

KRANICH/ - PULL RESOLUTION 00-47, AND PLACE UNDER NEW BUSINESS AS ITEM B.

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

Motion carried.

VISITORS

ANNOUNCEMENTS/ PRESENTATIONS/ BOROUGH REPORT/ COMMISSION REPORTS

A. Travel Report, Councilmember Fenske, Free Trade Zone, Kodiak.

B. Certificate of Achievement for Excellence in Financial Reporting for 1998.

Councilmember Fenske briefly commented on the Free Trade Zone meeting and advised that information would be provided to the Council tomorrow regarding the Foreign Trade Zone.

Mayor Cushing reported on his profitable lobbying trip to Washington D.C. and updated the Council on the funding of the new Pioneer Dock, Fish and Wildlife Center and NERR.

Kenai Peninsula Borough Assemblyman Moss advised the Council that the Borough is entering their budget cycle and that Mayor Bagley has presented a status quo budget. There will be departmental cuts to retain status quo and retain pay scale increases. Being proposed is a half mill reduction in the mill tax and a half mill increase in road services. There have been cuts to the EDD budget with reallocation to another department.

Mayor Cushing unveiled a picture of Asaiah Bates donated by Sherry Greer that is hung on the West Wall above the area Asaiah Bates usually sat in the Council Chambers.

PUBLIC HEARING(S)

ORDINANCE(S)

A. Ordinance 00-11, Of the City Council of Homer, Alaska, Accepting and Appropriating a Grant of $14,664.00 from the State of Alaska Highway Safety Planning Agency for the Traffic Safety Saturation Patrol Project and Authorizing the City Manager to Execute the Appropriate Documents. HPD. City Clerk. (Introduction 05/08/00, Public Hearing 05/23/00, Second Reading 05/23/00.)

Memorandum from HPD as backup.

WELLES/FENSKE/MARQUARDT - MOVED TO INTRODUCE ORDINANCE 00-11 BY READING OF TITLE.

Chief of Police Robl reported that this grant will assist the Police Department in filling the hole in their schedule between the hours of 5 a.m. to 8 a.m. during the summer. Some of the worst accidents during the summer occur during those hours as well as some DWIs and traffic speeding on the Spit. He voiced concern regarding the level and speed of the traffic on the Spit during those hours. Each year the Alaska Highway Safety Planning Agency has a grant targeted for specific areas and this year the target is Traffic Safety and Homer met the grant specifications. Monthly reports for this grant are done during the grant period with a final report submitted at the end of the grant. These reports are maintained at the Police Department.

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

Motion carried.

CITY MANAGER' S REPORT

A. City Manager's Report. (Ice Crane time)

B. Bid Report, from City Clerk

Inquiries to the Manager from the Council:

Ice sale comparisons to date this year with last year.

If the review of funding sources for land purchases for the City on the Spit, that was initiated about November, 1999, is completed.

City Manager Drathman gave a quick overview of his meetings in his office with the public on the annexation matter and related record questions.

Mayor Cushing reminded the Council that they needed to respond to the Secretary to the City Manager regarding the Annual Report pictures.

Mayor Cushing called for a recess at 8:35 p.m., reconvening the meeting at 8:51 p.m.

COMMITTEE REPORT

A. Water and Sewer Standards Committee Meeting Synopsis of May 1, 2000

Councilmember and Committee Chair Fenske reported that a lot of topics were discussed and the next meeting will be scheduled when staff has completed their assignments.

PENDING BUSINESS

NEW BUSINESS

A. Discussion on the Letter received May 8th from Mary Griswold and Abigail Fuller.

MARQUARDT/CUE - MOVED THAT WE DISCUSS THE LETTER OF MAY 8TH SIGNED BY MARY GRISWOLD AND ABIGAIL FULLER.

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

Motion carried.

Council discussed the merits of this "appeal" letter since, according to the City Manager, there has been no denial of records except for the Department Memos to him in response to his memo. Council's expressed opinion was that the request for records should be more pertinent to the annexation petition.

FENSKE/KRANICH - MOVED THAT WE FORWARD THIS DOCUMENT TO GORDON TANS FOR HIS REVIEW AND REFLECT ION AS TO WHETHER OR NOT THE COUNCIL SHOULD SIT IN SOME LEGAL FORM ON THIS PETITION.

Council made the following comments for the City Attorney:

Not all Councilmembers saw the need to expend the money for the City Attorney to review this request. Council asked for a list of the information requested at the May 2nd meeting and what was denied on that list.

City Clerk Calhoun responded to Council inquiry that the Abigail Fuller request for records was received several days ago, even though in the attachment the date appears as May 7, 2000.

City Manager Drathman stated that there is nothing new in the regulations. These regulations merely clarify and place the current law into language that is more understandable. Two things will happen; either a gigantic bill will run up for the people or they will not be satisfied and will file in court. He emphasized that the City Attorney came up with the regulations and there is nothing new.

This amendment was withdrawn.

There was consensus of the Council for the City Manager to confer with the City Attorney and the authors of the letter before the Council goes any further regarding this matter.

This matter will be on the next agenda if the authors of the letter are not satisfied.

Mayor Cushing noted that there was insufficient time to address this matter, having received it today. He clarified that he did not want to discourage anyone from submitting something the day of the meeting, but it should not be expected that the Council will deal with that item on the same day.

B. Consent Agenda Item E . Resolution 00-47, Of the City Council of Homer, Alaska Amending the Homer Advisory Planning Commission Bylaws. City Clerk. Recommend adoption.

MAIN MOTION IS ON THE FLOOR, VIA CONSENT AGENDA.

KRANICH/WELLES - MAKE A MOTION TO REINSERT PORT AND HARBOR REPORT UNDER ITEM M. GENERAL ORDER OF BUSINESS.

Mayor Cushing, as a former Planning Commissioner, and Councilmember Kranich, as a former Port/Harbor Commissioner, expressed their opinions that this is an important agenda item even though not used each meeting. They pointed out that not every agenda item is used at the Council level every meeting.

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

Motion carried.

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

Motion carried.

RESOLUTIONS

COMMENTS OF THE AUDIENCE.

Mary Griswold advised that "they" were specifically denied the memos regarding the annexation that were specifically requested. She voiced her belief that City Manager Drathman denied these on the basis of confidentiality. The appeal submitted at 8 a.m. this morning provided enough time to call Gordon Tans for his participation tonight. She stated that she was not happy at the meeting that was cordial and had expressed her unhappiness regarding the denial. She noted that she did write a letter on Saturday and came to City Hall Monday morning to appeal the denial. Ms. Griswold commented on receiving a copy of the worksession information, 1998, and that she found that very helpful in that she is not familiar with what the different departments do. She reported that she has talked to Public Works Director Meyer, Chief of Police Robl, Library Director Helm and others, and that she learned a lot. She commented that until she read the 1998 reports she had no idea what to question in the petition and cited one example of police officer minimums and equipment needs. She referenced the letter from the City Clerk, adding that she had no idea that the City Clerk's Office did all these things. Her point was that in evaluating the petition these things are important, otherwise she would not know if there was enough staff to do all the things that they do. She emphasized that she is not looking for smoking guns. She commented on the Planning/Zoning meeting the other night and that she did not know that the Comprehensive Plan had to be updated or at least revised before there were any zoning changes. There is information on the Library, such as building materials, expansion, personnel and et cetera. She voiced a hope that there were some memos such as this generated for this annexation proposal that would make it easier than taking two hours of Carey Meyer's time. She reported finding out about the Annual Police Report. She listed several items that were contained within the 1998 information that she found to be very informative and helpful. Ms. Griswold emphasized that she does not want to put anything into her brief or letter that is inaccurate nor does she want to misrepresent the City. She stated that she was very pleased with Mr. Drathman's answers to the other questions, but was not happy about the denial for copies of the memos. In conclusion, she noted that there were two points to the appeal letter and that access to those memos was specifically denied even though Abigail Fuller's request was not specifically denied.

Pete Roberts stated that this process has not been too friendly. He stated that the meeting with City Manager Drathman was nice, but there was a lot of stuff vaged out and denied. He voiced his opinion that it was obvious that the information was wanted on paper not orally, as was provided by the City Manager. He noted something relatively insignificant was the paper on the library, that exactly reflects the makeup of the community, roughly 40% in the City and 60% out of the City. There was not much asked about the Community Schools Program, but there were a lot of things asked about the kinds of things that have been the issues such as services and water hauled. This and other information is on the web page, but should be verifiable. Mr. Roberts emphasized that America has open government. He voiced understanding that personnel and legal matters are not public. He emphasized that "they" do have to make a response to the City's proposal to the State and that "they" should have the right, both collectively and individually, to acquire the information from the City. This may mean spending four or five hours looking at old files. Some of the questions asked were: What were the sources of funding of the port and harbor? Federal funds? State funds? General Funding? These are some fairly important issues. Federal monies came in for sewer, harbors, roads, airports, and all sorts of things. According to Mr. Roberts, when the Federal Government gave money they considered everyone within shouting distance and horse/cart distance to be a part of the community. He pointed out that the City has concluded the ownership of the harbor within the last year. He stated that the public should be able to have the same level of information. He voiced his opinion that if there is a smoking gun it will not come from the memos, adding that he does not believe there is one. There is a lot of premises regarding Exhibit I. and Council has taken on those premises, which is fine, and "they" have another premise. The points of Exhibit I. take financial expertise. He voiced disappointment in this other level of being more adversarial, which is too bad. He read the resolution of the Kachemak Bay Advisory Planning Commission in opposition to annexation, which is included in Council's packet.

Laura Barton read the Resolution from CCAA, which is included in Council's packet. She commented on the way Diamond Ridge is spelled in the minutes"Dimond" and elucidated the meaning behind each spelling, noting that the correct spelling is "Diamond" and not "Dimond". She read from section 3. in the petition: A territory proposed for annexation is compatible in character with the area inside the current boundaries of the City. Ms. Barton stated that she comes to town and watches friends planting gardens and sees flowers blooming. However, where she lives on Diamond Ridge there is a foot of snow covering everything in her yard and she wonders where is the similarity. She emphasized that there is a big difference between the two areas, noted the extra money she has to spend for snow plowing and removal, and that the City would like to take this for extra taxes. She wondered which pocket this is supposed to come from. Ms. Barton stated that she would appreciate it if the Council would withdraw the petition. She concluded with a song that her daughter wrote to the tune of the Marine Corp Hymn:

From the hills near Ohlson Mountain to the shores of Kachemak;

We are fighting annexation keep that burden off our back;

You would tax and take our freedoms;

And claim it for our own good;

We don't want your strange idea of help;

And we sure don't know who would.

Pamela Brodie apologized if she was not clear in her previous testimony about what she was talking about, the information that OAR is interested in receiving. This is the departmental memos responding to the City Manager's memo of Tuesday, December 21st, pages 7 and 8, wherein he lays out department tasks. She stated that this information clearly is relative to annexation and clearly not available in the library. She noted that Mary Griswold has stated that she believes it was denied to her. Ms. Brodie commented that it is not clear, tonight, whether or not this was denied. She noted that the City Manager refers to a Supreme Court decision that indicates that the City does not have to supply this information; however, believes the City has supplied memos like this in the past. She stated that the City Code notes only two kinds of exemptions to providing public information, and these memos do not fall into either exemption. She read from the City Code: The policy of providing public access to public information shall be broadly and liberally construed. She asked for an answer either yes or no as to whether these memos will be made available and if the answer is no she asked the Council to check this out specifically with the City Attorney.

Michael LeMay referred to his comments on April 24th about the business survey that CCAA conducted. He apologized to Councilmember Welles for having identified his business in the pro annexation category, in that he had not been contacted at that time, but who has graciously participated in the updated survey. He reported that previously 49 businesses were contacted and now 86 have been contacted, the breakdown is as follows:

8 businesses had absentee owners that could not comment

11 business would not or could not make themselves available for comment.

18 declared neutral

Reasons given for neutrality:

Had not examined the annex issue

Fighting other issues

Did not want their business involved

Did not want any political involvement

For annexation - no entries for publishing names

For annexation - do not publish names

Two business, both are husband and wife teams that disagree with spouses

19 against annexation - do not publish names

Reason for not publishing names:

Fear repercussion from the City of Homer

Annexation too political for their business environment

Too busy making a living

Fear of media mis quotes

Against Annexation and permission to publish names in any forum:

Alaska Custom Seafoods, Barb's Video, Homer Saw, Precision Auto, Homer Tesoro, Starvin Marvins, Duncan House Restaurant, Beachy Construction, Tan It All, Great Land Supply, Print Works, Beach Comber Restaurant, Walrath Enterprises, Homer Independent Hardware, Smoky Bay Air, Blackwell Pump, Adventure Alaska Car Rental, Full Power, All Through the House, Homer Pawn House, Bobcat Services, CeCe's Kitchen, All Seasons, Homer Secretarial Services, Mud Bay Towing, Plane Can Do, Homer Winter Services.

He thanked all of these business who participated in the survey and particularly those businesses who were willing to risk their customer base and any anger of the City. He stated that Mayor Cushing has advocated in the past that there are a number of businesses in the City who have asked for a level playing field with their counter parts outside the City limits. He stated that he has no doubt that this is true, but what also seems to be true, according to the survey, is that a substantial number of businesses within the City do not support the City's petition for annexation. This information along with OAR's poll of registered City voters clearly indicates that the petition is no longer politically viable. He stated that the proof of the concurrent theorems will be in the next City wide elections. Mr. LeMay commented that the continuance of this adversarial relationship is unfortunate, which could end if the City would withdraw its petition for annexation. He pointed out that the incredible energy in adversity that the City has seen this evening could be harnessed to solve the differences. He concluded that he is personally very grateful to have been in these chambers this evening while Brother Asaiah's portrait was unveiled, and that his healing influence is needed now more than ever.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans was on standby per his contract.

COMMENTS OF THE CITY CLERK

City Clerk Calhoun announced that two annexation forum meetings are scheduled for next week: Monday at 7 p.m. Councilmember Marquardt will sponsor a forum on Fire and EMS and on Tuesday at 7 p.m. Councilmember Kranich will sponsor a forum on Roads. Both meetings will be held in the Council Chambers.

COMMENTS OF THE CITY MANAGER

City Manager Drathman advised that the City and Borough pay one half of the Community Schools Coordinator's salary and that as far as he knows no requests have been made for anything. He addressed the comments in the newspaper from Mr. Keyes, about him buying groceries at Fred Meyers in Soldotna. Mr. Drathman stated that he has not purchased groceries for at least twenty five years and that his daughter purchased a pair of shoes for the Prom. He confessed that last weekend he was in Soldotna at one of his daughter's soccer games and took his hungry children to Taco Bell.

COMMENTS OF THE MAYOR

Mayor Cushing commented on phone calls from the public and media reporting and finding out that you said something that you never said, which go with being an elected official. He voiced appreciation of the humor, referring to Laura Barton singing a song her daughter wrote to the tune of the Marine Corp Hymn. Recollecting his early life on a Marine Corp Base, he stated that he guessed it goes right along with the Battle Hymn of the Republic. He asked folks attending the annexation forums to use decorum. He emphasized that he intends to continue to conduct his Office for the betterment of the entire area, that he has not changed his commitment, and reiterated his support of area wide projects in Washington D.C. Mayor Cushing advised that he spoke in favor of the Chamber of Commerce that just received $300,000 in funds. He asked for input regarding City water to non City residents. There is about 16 million gallons of City water that is hauled and about 10% to 20% is reported to be for in town residents. He asked if those against annexation are in favor of paying double for City water or are in favor of no City water. He relayed City of Homer resident comments regarding making property more sellable outside of the City by providing City water, which makes property "financeable". He stated that if there is truth in the statement of how the various groups are representing the citizens outside of town, then is cutting off the water part of that desire to have absolutely nothing to do with the City of Homer? Is the idea or the will of the citizens to have the water service terminated and if not, what other options can the non residents bring to the table on this issue?

COMMENTS OF THE CITY COUNCIL

Councilmember Kranich voiced concern about the animosity created over annexation that could last thirty years as the animosity did over forming the City of Homer. He recalled Kachemak City incorporating just prior to the City of Homer to prevent being a part of the City of Homer.

Councilmember Yourkowski thanked everybody who attended the constructive Planning and Zoning Annexation Forum. He advised that he would do a summation for Councilmembers Marquardt and Welles and will come up with a formal report defining some issues that came out of that forum. He voiced pleasure in hearing that forums are scheduled for Monday and Tuesday and looks forward to these.

Councilmember Fenske stated that this was a good meeting and that he is pleased to hear Pete Roberts say that everyone is a part of this community. Regarding Councilmember Kranich's comments, he expressed concern for the person that thirty years from now says their prayers and curses Fenske. Councilmember Fenske advised that the idea is not to make everyone's life miserable. One thing that keeps going unsaid in the process is that going through the process is becoming more and more constructive. He commented on the Planning and Zoning Forum and that he is looking forward to the two forums coming up. He commented on being contacted, when he was running for office, about zoning and the no man's land area, that some people thought was in the City limits, and that non city individuals wanted cleaned up. When zoning becomes an issue people outside the City may be more concerned about their own neighbors. He briefly elucidated the notification process required for changing zoning. He commented about one lady on Crossman Ridge that wants to be able to ride her snowmachine, but wants a speed limit for other snowmachiners.

Councilmembers Cue, Welles and Marquardt had no comment.

Councilmember Kranich requested the property tax and sales tax allocation break down for the public.

Mayor Cushing asked if there were any objections from the Council about copying the pages from the annual budget with this information and posting these some place.

There were no objections.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 10:44 p.m. The next regular meeting is scheduled for Tuesday, May 23, 2000 at 7:30 p.m. in the Homer City Hall Council Chambers.

_____________________________________

MARY L. CALHOUN, CMC, CITY CLERK