Session 01-10, 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 4:05 p.m. to 5:35 p.m. Agenda Items were the Regular Council Agenda and Ocean Drive Loop Bluff Erosion Control.

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

STAFF: CITY MANAGER DRATHMAN

CITY CLERK CALHOUN

ACCT. SUPERVISOR MACK

PUBLIC WORKS DIRECTOR MEYER

ABSENT: COUNCILMEMBER: YOURKOWSKI (excused)

AGENDA APPROVAL

(Addition of items to or removing items from the agenda will be by unanimous consent of the Council. HCC 1.24.040.)

The agenda was approved by consensus of the Council with substitute pages 15 and 111 and a note that page 21, line 22 new words "or hearings" should be bold underlined.

FENSKE/CUE - MOVED TO SUSPEND THE RULES TO MOVE ITEM 7. ANNOUNCEMENTS/ PRESENTATIONS/ BOROUGH REPORT/ COMMISSION REPORTS TO THIS POINT IN THE AGENDA.

Specifically - Presentation to Mary Thompson and Mary Beaumont, First Lady's Volunteer of the Year Awards and the Parks and Recreation Commission Report.

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

Motion carried.

Mayor Cushing presented Mary Thompson and Mary Beaumont with plaques, bouquets of flowers & balloons, and proclaimed May 15th as Mary Thompson Day and May 16th as Mary Beaumont Day. There were rounds of applause from all present.

Parks and Recreation Commission Chair Daugharty reported on the Commission's support and involvement in establishing a skate board park. He requested permission for the Homer Skateboard Association (HSA) to make a brief presentation. He stated that no Public Works Director has ever been as supportive as Public Works Director Meyer and he thanked him for all of his assistance and support.

Eric Szymoniak, Jaime Grady, Ivan Heimbuch, Adrian Raymond and Reed Multz from the Homer Skateboard Association distributed maps of the proposed areas, Hazel Avenue and Ben Walters. They commented on the goals of the HSA:

To designate a strip of land for the skateboard park.

To lay some kind of asphalt or concrete.

To obtain ramps and "stuff", which comes later.

The HSA reported that they met earlier this month with the Parks and Recreation Commission at a worksession and narrowed the sites down to two major sites; Hazel Avenue and Ben Walters. Ben Walters Park was selected because HSA was told that it could be completed sooner and that it already has a fairly flat ground area. The Hazel Avenue area was selected because it is a nicer area, a more centrally located area and meets the criteria just as good as Ben Walters Park.

The five steps of criteria for the Skateboard Park that came out of the worksession were:

Appropriate lighting.

Restrooms.

Parking in the vicinity.

Central location.

Risk of offsite conflicts.

The HSA displayed a poster board with the brief background of HSA. The students gave a brief report on HSA and noted that one of their main goals is public awareness. As part of that public awareness goal the Homer Tribune assisted HSA by asking questions about skateboards and skateboard parks. HSA also participated in the parade and received a fourth place recognition.

HSA reported that they have talked to the Rotary Club, the Land Trust and the Town Square Committee and all these groups are supportive.

HSA asked the Council to pass a Resolution for either Ben Walters or Hazel Avenue to be the official Skateboard Park location. They thanked the Council for their time.

Parks and Recreation Commission Chair Daugharty elucidated the Commission's process to assist with scoring the sites for the Skateboard Park, adding that visibility was an essential element of the decision process. He noted that Hazel Avenue is the preferred site; however, to expedite the process Ben Walters would be better. He reiterated the request for a Council Resolution.

Mayor Cushing noted that there were approximately fourteen students and six adults in the audience in support of the skateboard park. He offered to sponsor a Resolution to bring forward a site for the skateboard park and welcomed any Councilmember(s) that wanted to co sponsor the Resolution.

City Manager Drathman informed the Council that the administration will be bringing forward the Resolution to the Council on the two sites. He further informed the Council that he is waiting for school to be out and that he has arranged for a fifteen passenger van donated from Kenai Chrysler to permit the HSA to look at the Skateboard Parks in Kenai, Wasilla and one in Anchorage to get an idea of the lay outs and to be better able to hone in on what they want. He reported that at the Economic Outlook Forum he discussed with the general manager of Safeway, the use of the grassy area that is just to the east of Safeway. He asked if Safeway would pave that area and lease it to the City of Homer for a dollar a year so that the City's Insurance would cover this area and Safeway would have no liability. According to the City Manager, the general manager of Safeway stated that he would look into this right away and that he expects to hear from him next week. Mr. Drathman stated that the toddler playground equipment at Ben Walters was donated by the Betas and will probably be relocated to Bayview Park or Karen Hornaday Hillside Park. He stated that he expects to have this all worked through within in the next two weeks to be able to bring something forward to the Council. He further reported that he spoke with Scott Cunningham, owner of the Peninsula McDonalds, who was very supportive of Ben Walters being the location of the Skateboard Park. According to Mr. Drathman, Mr. Cunningham stated that these are exactly the demographics that people are looking for and that he offered a lot of support with promotions, contests, tournaments and promotional things for food. City Manager Drathman asked for a list of names of the adults that would be part of the Skateboard Park tour as well as a copy of their driver's licenses.

Parks and Recreation Commission Chair Daugharty noted the tentative commitment and thanked the Mayor and the Council for their time.

Mayor Cushing thanked the Parks and Recreation Commissioners for attending and showing their support and for the administration's efforts to date.

Mayor Cushing called for a recess at 7:58 p.m., reconvening the meeting at 8:07 p.m.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

There were no public comments.

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 April 23, 2001. Recommend approval.

B. Homer City Council special meeting unapproved minutes of April 30, 2001. Recommend approval.

C. Ordinance 01-18, Of the City of Homer Amending Homer City Code Section 1.08.020, Enactment Procedures, to Provide for Additional Public Hearings and Postponement of Final Reading of City Ordinances. City Manager. Recommend adoption for first reading and introduction, Public Hearing set for May 28/29, 2001 and Second Reading set for June 11, 2001.

C.1. Resolution 01-, Of the Homer City Council Amending the Council's Operating Manual, Agenda. City Clerk. Follows same schedule as Ordinance 01-18. No action requested until the Ordinance is adopted.

D. Ordinance 01-19, Of the City Council of Homer, Alaska Appropriating $25,000.00 for the Insurance Deductible for the Damages to the LASH 4 Barge and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Recommend adoption for first reading and introduction, Public Hearing set for May 28/29, 2001 and Second Reading set for May 28/29, 2001. Fiscal Note: $25,000 from Acct. 400.5225.600.

Memorandum from Port/Harbor Director as backup.

E. Ordinance 01-20, Of the City of Homer Amending Homer City Code Chapter 8.08, Itinerant or Transient Merchant's License, and 8.11, Mobile Food Service. City Manager. HPD. Recommend adoption for first reading and introduction, Public Hearing set for May 28/29, 2001 and Second Reading set for June 11, 2001.

Memorandum from Chief of Police as backup.

F. Ordinance 01-21, Of the City Council of Homer, Alaska Correcting the Account number in Ordinance 01-10, for the Transportation Plan/Study Update. City Manager. City Clerk. Recommend adoption for first reading and introduction, Public Hearing set for May 28/29, 2001 and Second Reading set for May 28/29, 2001. Corrected Acct. from 151-739 to 151-740.

G. Resolution 01-29,Of the City Council of Homer, Alaska Amending the Official Records Retention Schedule for the City of Homer Regarding Personnel, Planning, Port/Harbor, Police Department and Public Works Department. City Clerk. Recommend adoption.

Memorandum from City Clerk with some Department Memos as backup.

H. Resolution 01-30, Of the City Council of Homer, Alaska Awarding the Bid for the Jack Gist Park Drainage Improvements to the Firm of Foster Construction of Soldotna, Alaska in the Amount of $29,000.00 and Authorizing the City Manager to Execute the Appropriate Documents. Public Works. City Clerk. Recommend adoption. Fiscal Note: Acct. 151.735.

Memorandum from Public Works as backup.

I. Memorandum 01-30, from City Clerk, Re: Request to change the Regular Meeting of May 28th, Memorial Day, to Tuesday, May 29th at 7:30 p.m. Recommend approval.

J. Memorandum 01-31, from Finance Director, Re: 2002 Budget Schedule. Recommend approval.

KRANICH/LADD - MADE A MOTION FOR THE APPROVAL OF THE RECOMMENDATIONS OF THE CONSENT AGENDA BY READING OF TITLE ONLY.

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

Motion carried.

Public hearing date will be Tuesday, May 29, 2001.

VISITORS

ANNOUNCEMENTS/ PRESENTATIONS/ BOROUGH REPORT/ COMMISSION REPORTS

A. Mary Thompson and Mary Beaumont, First Lady's Volunteer of the Year Awards.

Presentation made just after Agenda Approval.

Parks and Recreation Commission report regarding skateboard park just after the Presentation.

PUBLIC HEARING(S)

ORDINANCE(S)

A. Ordinance 01-16, Of the City Council Amending Homer City Code Chapter 14.08 to State the Authority of the City Council to Limit or Terminate the Sale of Water for Export or Consumption Outside the City's Certificated Water Service Area. Mayor. Kranich. Yourkowski. (First Reading 04/09/01, Public Hearing 04/23/01, Second Reading 05/14/01.)

KRANICH/CUE - MOVED FOR THE ADOPTION OF ORDINANCE 01-16 BY READING OF TITLE ONLY.

Council stated that the new wording, underlined and bolded, best represents what they are trying to do and Mayor Cushing concurred. HCC 14.08.074(b) reads as follows:

Notwithstanding, any other provision of this title, the city council may by resolution restrict. interrupt, decrease, or terminate the sale of water for export or consumption outside the certificated. service area whenever the city council determines it is in the best interests of the city to do so. Such action requires a finding of water shortage, emergency, health concern, or good cause, based on reasons the city council determines are in the best interest of the city. Such action shall only be taken upon a legislative finding by the City Council that such action is in the best interest of the City. If practicable, the city will give thirty days notice to the public, affected bulk water customers, and resellers of action taken under this subsection, but the failure to give such advance notice will not render the restriction, interruption, decrease, or termination ineffective, nor will it give rise to any claim or action against the city.

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

Motion carried.

Mayor Cushing asked for a consensus regarding a Resolution for administration of Ordinance 01-16.

There was consensus to bring forward a resolution, as noted in the first sentence of HCC 14.08.074(b), within the next thirty days. The City Manager will have the Resolution written by the City Attorney or with the City Attorney's recommendations, including a public hearing for the administration/implementation of the Ordinance. Scenarios were discussed and request was made that the resolution address those properties currently being developed, with the expectation of water delivery, et cetera. Also requested was that there be examples or scenarios of implementation including the extreme ends - very restrictive and liberal.

Mayor Cushing emphasized that there is no intent to cut off the existing water users and that this resolution is to address new end users.

CITY MANAGER'S REPORT

A. City Manager's Report (Ice Crane Time, HPD commendation, Economic Outlook Forum.)

B. Bid Report from City Clerk

City Manager Drathman read the commendation about the Police Department. He announced that Ken Miller, City Planner, resigned due to his wife's medical emergency. The City Planner position will be advertised as will another full time position in the Planning Department. Some of the staff met earlier today regarding the GIS system. A scenic highways grant has been applied for from DOT.

He reported on the Economic outlook Forum, the value of this forum held on May 8th, and the plan to conduct these quarterly in Homer. He will bring back a suggestion for Council to conduct these quarterly. Summary information from the forum will be forwarded from EDD and he will get a list of all the participants, over 100, for the Council. The City Manager reported on a meeting with Rex Young from DOT wherein the following were discussed:

Possible Sterling Highway under pass from Safeway to the visitor center from the U.S. Fish and Wildlife Service.

Moving the bike path from the west side of the Beluga Slough road area to the east side, for child safety, and continuing the bike path out the north side of Ocean Drive.

Right-of-way acquisition adjacent to the Ocean Drive Tesora to build an additional parking lot.

Trail Head on Roger's Loop is going well on the STIP, which is a capital intensive program, meaning property purchase will be required. Possible purchase of the Pelkey property adjacent to the DOT shop.

The City Manager suggested a planning worksession on STIP and other projects. He also suggested that there be one meeting in July and that he would bring forward a resolution to that end.

Mayor Cushing commented briefly on the KPB Coalition meetings getting started and held occasionally.

City Manager commended the following for their work on the Economic Outlook Forum: Tamara Hagerty and the Public Works crew for the "set up" and "take down". Sheri Hobbs and Rachel Livingston for the bulk of the planning and the agenda. Rick Ladd for loaning tables and chairs. The Boys and Girls Club for assisting with rooms.

City Manager Drathman advised that an RFP just went out on the Animal Shelter design for a 4000 sq. ft. facility. He indicated that there are sufficient funds.

COMMITTEE REPORT

A. Beach Policy Task Force, March 29th and April 12th approved synopsis and April 26th unapproved Synopsis.

Councilmember and Co Chair Cue reported that the general recommendations and area wide recommendations are going to be reviewed by the Commissions, and sent to the City Administration, Department heads, Council and the public for comment and feed back. The Task Force will review these comments and forward the final recommendation(s) to the Council.

The Shorebird Festival was discussed with primary focus on traffic control and some conflicts. It was requested that next year there be some more appropriate signage and, perhaps, some additional traffic control assistance.

City Manager Drathman interjected that most of the beach signage is gone and he will get that replaced. He suggested that there be better signage for the Shorebird Festival and making parking available at the airport area and hiring Mr. Flyum's trolley to shuttle the bird watchers back and forth to limit or eliminate the vehicles along the side/shoulders of the Spit road.

The Bishops Beach parking area should be addressed by the Parking Task Force. There is insufficient room for RVs to maneuver in that parking area.

Councilmember Kranich relayed portions of the synopsis about the Pedestrian Priority Zone. He suggested that the City Attorney address how this is used in the Open Space Recreation District in the City Code, HCC 21. 54.010 (a) and 050(b), how the pedestrian priority fits the uses recommended by the Beach Policy Task Force and for a definition of pedestrian priority zone or pedestrian priority as used in that part of the City Code. He stated that he would contact the City Attorney or ask the City Clerk to do so.

B . Water and Sewer Committee, March 19th unapproved Synopsis

Councilmember and Co Chair Fenske advised that the Committee is waiting on information coming back from the property owners.

PENDING BUSINESS

NEW BUSINESS

A. Memorandum 01-33, from Fenske, Re: Strategic Planning Session.

City Attorney Legal Opinion, as backup.

Recommendation: Approve the strategic planning session to be held on __date__ at __time_ in the _ location_.

Fiscal note: Rental for Meeting Place, if other than City Hall. Meals/snacks. 100.5206.100.

FENSKE/CUE - MOVED THAT THE CITY COUNCIL APPROVE THE RECOMMENDATION OF THIS MEMORANDUM.

Council discussed the need for this type of a meeting, potential sites, and possible dates and times. The length of this strategic planning session was discussed and suggestions ranged from all day an off meeting Monday, or a Friday, or Saturday, or a two day session. Council expressed a desire that scheduling of this session accommodate the schedules of each Councilmember to facilitate the entire Council being able to participate. If the Council agrees to conduct one regular meeting in July then perhaps the planning session could be held in July. Should the Council be unable to conduct this session this year then it should be held in the spring. They voiced a preference that the session be held in the Council Chambers and that there be a recording clerk to take notes.

Councilmember Ladd voiced concern regarding the budget and budget planning. Many of the items put into the operating budget have to do with capital projects and to properly prepare there is a need to sit down and get priorities together. He voiced an objection to waiting on this session until next spring.

Mayor Cushing called for a recess to discuss Councilmember schedules at 9:19 p.m., reconvening the meeting at 9:37 p.m.

FENSKE/CUE - MOVED TO AMEND MEMORANDUM 01-33 THE LAST LINE TO AMEND THE LOCATION TO BE THE HOMER COUNCIL CHAMBERS AND TO ADD THE DATE AND TIME TO BE SET AT THE MAY 29TH MEETING.

It was reported that Councilmember Yourkowski plans to be present at the May 29th meeting and therefore, will be able to provide his scheduling input into the decision.

The fiscal note is to reflect the cost of lunch. When the date is set the fiscal note may be amended to include clerical staff to take notes and tape the meeting.

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

Motion carried.

Councilmember Fenske listed several documents that may be needed for this session: Comprehensive Plan, CIP, various Task force information. He envisions that the Council will consider roads, parks, water, sewer and etcetera.

Mayor Cushing suggested that this is a good opportunity for Councilmembers to pull together and sort this information, which they have previously received. Administration may be asked to provide specific items.

RESOLUTIONS

A.. Resolution 01-23, Of the City Council of Homer, Alaska Amending the Port and Harbor Advisory Commission Bylaws. City Clerk.

Postponed on April 9, 2001 to May 14th, Main Motion is on the floor.

Memorandum from Port/Harbor Commission Chair, Recommending approval of all requested Bylaw amendments.

CUE/MARQUARDT - MOVED FOR THE ADOPTION OF RESOLUTION 01-23 BY READING OF TITLE. (Main motion made on April 6, 2001.)

KRANICH/CUE - MAKE A MOTION TO AMEND ITEM N. ON PAGE 166, LAST SENTENCE OF SECTION N. TO DELETE "OR THE COMMISSIONER".

Primary amendment 1. was withdrawn, with the Council's concurrence, after a brief discussion regarding the Mayor's appointment and removal powers of advisory Commissioners and alternates.

KRANICH/CUE - MOVED TO AMEND SECTION N. ON PAGE 166 TO REMOVE THE ENTIRE LAST SENTENCE.

N. Alternative Voting Members:

From time to time the Mayor, upon confirmation of the City Council, may appoint an alternate Port & Harbor Commissioner, who may take the place of a Commissioner who is absent or who has declared a conflict of interest. The alternate will have full discussion and voting privilege, while filling in for a Commissioner, and will be appointed for a specific term. The alternate may be changed by request of the alternate or the Commissioner or at the will of the Mayor

The need for a Commission alternate, at large, for advisory bodies was discussed.

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

Motion carried

LADD/CUE - MOVED TO AMEND TO SCRATCH SECTION O. 1 - 5.

Section O. is a new section on teleconferencing. Council discussed teleconferencing for advisory bodies and did not see the need for this procedure for advisory bodies.

Council's intent is that none of the advisory bodies teleconference and that all of the advisory bodies have an alternate, if they deem an alternate is necessary. The City Manager will forward a memo to all the advisory bodies and prepare a Resolution regarding Bylaw amendments. Three points/questions: Does the Planning Commission or Library Advisory Board want an alternate and that the Parks and Recreation Commission give up their teleconferencing capability.

Councilmember Kranich asked that the City Manager contact the City Attorney regarding the Planning Commission alternate sitting on the Commission in a quasi judicial capacity.

VOTE:(primary amendment 3) VOTE: KRANICH, CUE, FENSKE, LADD, MARQUARDT.

Motion carried.

VOTE:(main twice amended motion) YES: LADD, MARQUARDT, KRANICH, CUE, FENSKE.

Motion carried.

B. Resolution 01-31, Of the Homer City Council Approving the Recommendations of the 2000 External Parity Study. City Manager. Personnel.

Memorandum from City Manager as backup.

KRANICH/CUE - MOVED FOR THE ADOPTION OF RESOLUTION 01-31 BY READING OF TITLE ONLY.

The Administration was thanked for keeping up with balancing the benefits and for the way the City manages its employees, which is important for employee morale.

City Manager Drathman noted that Personnel Officer Sheri Hobbs conducted the survey by going to other municipalities and the private sector to compare programs. A preliminary recommendation went out to all the departments and comments were received back from all of the departments. He advised that this is an administrative recommendation, but does not do "terrible service" to any of the department's recommendations. He commended Sheri Hobbs for her hard work.

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

Motion carried.

COMMENTS OF THE AUDIENCE

There were no audience comments.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans was not present.

COMMENTS OF THE CITY CLERK

City Clerk Calhoun had no comment.

COMMENTS OF THE CITY MANAGER

City Manager Drathman had no comment.

COMMENTS OF THE MAYOR

Mayor Cushing reported on his activities on behalf of the City since the last Council meeting. He noted that this time of year is packed with graduations. On April 24th he, the City Planner, and the Public Works Director made a presentation to the Chamber of Commerce regarding City Projects. He commented on the farmers market issue, Shellfish Growers Presentation, College graduation and meeting with UAA President Hamilton and Regents Chair, Michael Burns. He met with the KPB Assembly President regarding reapportionment, adding that he and Milli Martin are the representatives from Homer on the KPB committee. The Borough reapportionment is to parallel the state reapportionment. He advised that there is discussion of going to a thirteen member assembly. He reported that Ed Rasmussen and his wife were in town to meet with some non profits. Mayor Cushing applauded all of those individuals involved with the Western Hemisphere Shorebird Festival, adding that there was a great turnout. He reiterated some of the Manager's comments regarding the Economic Outlook Forum, relaying that there seemed to be a lot of enthusiasm for this type of forum.

COMMENTS OF THE CITY COUNCIL

Councilmember Marquardt commented on the Farmer's Market, voiced his support and his preference that the Farmer's Market be held in the Central Business District rather than on Ocean Drive. He emphasized that he sees this venture as complimentary and not competitive.

Councilmember Cue inquired if the Farmer's Market was similar to the Saturday Market in Anchorage on Fourth Avenue.

Councilmember Ladd relayed some concern from local artists about the impact of the Farmer's Market. He commented on the UAA funding and his dissatisfaction that funds were not allocated to the Homer campus. He reported that May 23rd is the last day of school, that they have been educating students on the proper way to walk adjacent to traffic and urged adults to watch out for the "little guys". He queried the Mayor regarding the status of appointments for the Steep Slope Task Force.

Mayor Cushing advised that one person from the Soils Conservation has given a definite affirmative to serving on the Task Force, a local engineer is going to get back to him and one state person will be pleased to assist. He stated that he plans to keep this task force to 4 or 5 members.

Councilmember Fenske voiced his disappointment with UAA not appropriating any funding for Homer and for not asking the legislature for any funding for the Homer campus.

Councilmember Kranich commended the two volunteers that were honored this evening and emphasized the importance of all of the volunteers in Homer.

Mayor Cushing relayed that Joel Gallagher asked him to announce that CIRCAC will be meeting tomorrow morning at 8:30 a.m. in the Council Chambers regarding Geographic Response Strategies.

Councilmember Marquardt encouraged promotion of Homer as a winter tourism spot and suggested that the City help support that whole concept.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 10:29. The next regular meeting is scheduled for May 29, 2001 at 7:30 p.m. in the Homer City Hall Council Chambers. The 28th is Memorial Day and Council may approve changing this meeting date to May 29th.

_____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

APPROVED: _________________________