Session 00-11, a Regular Meeting of the Homer City Council was called to order at 7:30 p.m. by Mayor Pro Tem Marquardt 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

CITY ATTORNEY TANS

ADMIN. ASST. HOBBS

POLICE OFFICER III BUCHANAN

POLICE OFFICER I PARKER

PUBLIC WORKS DIRECTOR MEYER

ABSENT: MAYOR CUSHING (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 the Additions of a Memorandum from Chief Robl as backup to Memorandum 00-31 and Resolution 00-55 to the Consent Agenda. One correction was noted: Fiscal note on Resolution 00-51 should read $6,300 instead of $4,200.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Mary Griswold commented on Memorandum 00-34, appeal of documents to CCAA, and stated that she wanted to clarify some apparent confusion regarding the May 8th appeal to Council of the City Manager's denial of certain documents. She advised that on Thursday, April 27th she delivered to the City Hall receptionist a list of questions and a request of documents to be discussed with the City Manager at a meeting on Tuesday, May 2nd. At that meeting Pete Roberts, Doug Stark and herself represented CCAA and Dan Bockhorst, LBC Staff, attended the meeting. She relayed that when the interdepartmental memos concerning the annexation proposal were requested the City Manager declined to provide these. According to Ms. Griswold, the City Manager stated that he considers these memos confidential so that his staff is free to speak openly and with humor that might be taken wrong and that he stated that most decisions about annexation were made in regular staff meetings which are open to the public. She asserted that she was never informed of or invited to attend any of these staff meetings. She reported that on Friday, May 5th, Larry Smith, Dave Webster, Kurt Marquardt and herself participated in a Teleconference with Dan Bockhorst. She relayed that Mr. Bockhorst told them that if, quote, anyone believes that the City Manager had erred in declaring the subject documents privileged under the Alaska public records act that action may be appealed. Specifically, the Homer Code provides that any denial of request for information or inspection of public records may be appealed to the City Council and a written reply will be given within seven working days from the Council's consideration thereof either granting or denying the appeal. She stated that at the teleconference Kurt Marquardt volunteered to request addition of the appeal to the May 8th Council Agenda if it was submitted to Mary Calhoun. This was done on Monday morning at 8 a.m. Kurt Marquardt did request addition to the agenda and discussion of the appeal was taken up under New Business, However, no action was taken to grant or deny the appeal. On the following Monday, May 15th, CCAA sent a letter to the City Council as a reminder of the upcoming deadline in two days. No reply was received on the appeal on May 17th. Ms. Griswold commented that CCAA noted that the appeal was added to the May 23rd agenda, tonight. She emphasized that she specifically wants to see the interdepartmental memos relating to City Manager Drathman's memo of Tuesday, December 21, 1999, in which he identified 17 areas of activities and assignment of tasks. She voiced her belief that the City is overstating the benefits of annexation, under estimating the costs and other draw backs. Access to this memo information should be provided in order to prepare a credible opposition. She pointed out that it has been three weeks since these documents have been requested. She urged the Council to require City Manager Drathman to make these immediately available to herself and the rest of the community trying to prepare letters of support or opposition to this annexation petition by the June 5th deadline, now less than two weeks away.

Abigail Fuller commented on Memorandum 00-35, that she is appealing all of the items from her list of requests of May 1st that were denied by reason of the deliberative process. In reading the Homer City Code, she stated that she could find no reference to this excuse that exists only in the regulations dated May 4th written by Mr. Drathman. She emphasized that he did not have the authority to add reasons for denial to the City Code and that the regulations written May 4th do not apply to requests made May 1st. She read portions from Homer City Code 1.80 into the record: 1.08.010, Intent of public release of record: It is the intention of the City to provide full and free access of the public to municipal records and information so that the people of the City may be well informed at all times as to municipal business. With the exception of the specific exemptions set forth under Section 1.80.040, all information and records in the control of the municipality shall be made available to the public upon request. 1.08. Information available to the public: Except as provided by Section 1.80.040, ...., all public records shall be open to inspection by any person subject to guidelines regulating the time, place and manner of inspection which may be adopted by the City Manager pursuant to Section 1.80.050.... The policy providing public access to public information shall be broadly and liberally construed. She stated that under 1.80.040, Records exempted, there is a list of a few exempted records, none refer to the memoranda she has requested nor is there any provision for the City Manager to add to the list. Therefore, she voiced her expectation that the City Council approve access to those memoranda.

Michael LeMay noted that on Monday, May 8th Council heard the appeal on the City Manager's denial of access to departmental memoranda relating to the preparation of the annexation petition. He further noted that, according to the Homer City Code, a written response was required within seven working days, or by May 17th, but this appeal was ignored. He commented that it appears that the Council is willing to deal with this over due matter this evening. He emphasized that a written decision is requested and that it be expedited as soon as possible. He pointed out that the City's new guidelines on seeking public documents, promulgated unilaterally by the City Manager, are dated May 4th and that the request for information occurred on April 27th and May 1st. Mr. LeMay stated that this is simply a gentle reminder that rules and regulations cannot apply retroactively. He made the following comments regarding the Capital Information Group vs. the State, which he notes, is the precedence of 1996 cited by the City Manager:

Applies to a Governor dealing with his legislature and a precedent dealing with Congress. This is a grand canyon stretch for a City Manager to invoke the same privileges when dealing with the public.

In addition the second half of this precedent states that pre decisional deliberative documents specifically budget impact memoranda should have been disclosed and remanded that portion to the lower court to make it so.

Further more the decision to file the annexation petition was not an executive decision by the City Manager it was a legislative decision through the adoption of Resolution 00-35 by the Homer City Council.

He advised that "they" assume the Council based its decision on several factors including the views of all department heads, unless, perhaps the City Manager has withheld these memoranda also from Councilmembers. He stated that indeed, in May of 1998 departmental memoranda were so germane to the discussion of annexation that the entire worksession was based on these very documents. He noted that, incidentally, this document was denied the public several weeks ago with a claim that it did not exist, which it does. He emphasized that tonight the Homer City Council could reassert their belief in the validity of the annexation petition by releasing all applicable memoranda, both written and electronic. He thanked the Council for their consideration.

Sallie Dodd Butters, commenting on annexation, stated that she had intended not to speak to the Council until the petition was withdrawn, but that this madness has to stop. She pointed out that what has been laid out will not fly and that everyone is on a planet that will crash. She stated that it is clear from the informational forums held in the last week and an half that not only don't the under paid services arguments hold water, but the numbers and plans have not been worked out for the grandiose scheme. She promised, that as a member of CCAA, they would come to the table under equal terms to discuss and solve the mutual problems. She told the Council not to expect her to muck out the stalls of the horses they rode in on, because they left them standing in their own waste too long. Nor expect that this community is going to resemble anything recognizable if they continue on this misguided, unconstitutional road chosen. She urged the Council to pull the annexation petition to deal with the problems sooner than later, or not at all. She stated for the benefit of Poppy Benson and Warren Plumbo, who were so worried about the lack of local representation, that she is quite pleased with her borough representation. In fact, according to the borough supervisor of roads, her road was about to get upgraded and the Council has now blown that right out of the water. If annexed and her road continues to degrade, that she cannot afford to upgrade, she is going to lose emergency services, which is lawsuit number one and law suit number two is going to be low income class action lawsuit, due to the taxes and zoning forcing her into foreclosure. She voiced her assurance that she will be followed by numerous City residents that are being double dipped on services not rendered. As an eleventh generation American, she advised that she lost several decedents in pre revolutionary land riots when the King did just what the Council is doing here. She further advised that their genes continue in her and she can do no less than live up to their promises to fight tyranny and to be true to the promise of constitutional freedom, the bottom line is that she is willing to die in her front yard over this if necessary. She voiced her hope that Council understands what they are doing, because she is not alone. She informed the Council that she is a fifty two year old woman and there are a lot of angry people. She asked the Council to consider the options and swore on her father's grave and by her God to come and discuss these problems and solve them. She told the Council that if they continue this, not wanting to pull a Charlie Davis, they should be frightened.

Pamela Brodie encouraged the Council to hold additional annexation forums, thanked the Council for those conducted already and apologized for Larry Smith and herself not attending all of these. She advised that she and Larry Smith are members of Objective Annexation Review. She commented that although some of the forums may have disappointing attendance these forums are broadcast via radio and people are able to get news coverage afterwards, therefore, the forums are still valuable. In terms of future forums she voiced her desire that there be one on finances, to educate the public on where the City's money comes from and how it is spent. She encouraged the use of graphs, pie charts and tables showing the cost of services and cost per capita services, because the petition asserts that Homer cannot continue to provide the current level of services to people outside the City. This is not well understood and would be helpful if it were explained as well as an explanation of the projected number that services would cost to the annexed areas including the large differences in the 1998 study and 2000 study of annexation. She urged the Council to release all of the requested documents noted in the appeals. Regarding the documents asserted to be invasions of privacy if released in full, she stated that is not necessary to have these in full and the confidential information could be crossed off. She advised that OAR is very interested in departmental documents, which are a more complex issue since the City Manager has cited a Supreme Court decision as allegedly giving the City Council the ability to deny these. She emphasized that the Supreme Court decision does not prevent the City from releasing these documents. She noted that the City Code is very clear in its intent to be very open about documents and the City has always been open in the past. Now the City is spending money on an attorney to see if it can legally withhold documents, that is money that she believes as a City resident could be spent better in other ways. She voiced disagreement with the recently promulgated regulations by the City Manager that include reasons for withholding documents not mentioned in the City Code. In her opinion the City should be as open as possible without compromising truly sensitive, personal information.

Michele Arno, Polar Car Rental, voiced three points of concern regarding her new lease with the City: 1. Proposal of an increase of 5% concession fee would force her to drop her rates $3 per day to stay competitive with Hertz, whose lease is not up until January 2002. The increase starts for Polar Car Rental on January 2001. She pointed out that Homer Air and Bay Vending did not have a 5% concession increase, therefore it must be for car rentals only. She asked the Council to consider starting this 5% increase at the end of Hertz lease. This makes a big difference in Polar Car Rental survival. 2. The lease proposes that all businesses at the Airport are open four hours a day for seven days a week. She asked for holidays to be excluded. The Airport is not open all holidays and she has phone service if there is a customer on holidays. 3. She asked that the seven days be amended to six days, so that she does not have to be present for four hours on Sunday. She will be there for flights on Sunday, which has fewer flights, and will take care of all prescheduled rentals. She thanked the Council for their time and asked them to seriously consider these three points.

Michael Kennedy urged the Council to release the records in the spirt of more open and honest government. He voiced his belief that Council has a choice to let this be perceived as either open and honest government or as obstructionists. The Ordinance clearly states that it should be "liberaly construed". As long as there is nothing in these records that is going to harm anyone on a personal level or breach any confidentiality, they are in the public domain and belong to the public. He emphasized that the public paid to have these records compiled and should have access to these. Council's action tonight will show if they are going to be forth right on this annexation thing or hide information from the public. He stated that he has seen the 1998 worksession packet and did not see why the public should not have the current ones to compare it to. He asked the Council to heal some of the feelings.

Paul Seaton spoke in favor of Resolution 00-55 and relayed the history behind the Resolution. About a month ago the North Pacific Fisheries Association and the Alaska Marine Conservation Council and some people from Kodiak came over to explain the Gulf Rationalization proposal made by Kodiak on the agenda and table of the North Pacific Management Council. This proposal is to take all ground fish species in the federal waters of the Gulf of Alaska and change the way these waters are managed. Basically, it requires that all ground fish would have to go back to the port where they were delivered in the past, which would mean that no groundfish processing would ever be able to develop in Homer. This disturbed Homer, Port Graham and the surrounding areas. People from these areas got together and decided that there needed to be something that would work for these small communities along the coast. Resolution 00-55 supports the effort of approximately five meetings over the past month. The idea is that if the ground fish management is going to change it should accomplish the purposes of eliminating some of the by catch, making more selective, making a safe fishery, provide seed amounts of fish so that communities will be empowered and there will be sustainable fisheries coming from small local fleets all along the coast in the Gulf of Alaska. The proposal that accompanies the Resolution is what has come out of Homer and the surrounding area. He relayed the groups' hope that the Council will be supportive. He also urged the Council to approve Resolution 00-54 in support of protecting habitat areas and establishing a public process in local communities.

Alan Parks thanked the Council for taking a look at Resolution 00-55. He noted that some of the recitals came from a couple of documents that have been produced. The "Magnuson Stevens Fisheries Conservation Management Act", which the North Pacific Fisheries Management Council looks to for guidance in management decisions. The second whereas addresses National Standard No. 8, to provide for a sustained participation of such communities and to the extent practical minimize adverse economic impacts on such communities. He advised that part of the proposal is reactionary to the plan that came out of Kodiak that would severely impact this community to expand into the resources outside the communities' door. The hope is that the North Pacific Fisheries Management Council will look to standard No. 8 when they address this matter. The other document is "Sharing the Fish" by the National Congressional Mandated Research Council for addressing the ramifications of individual fishing quotas (IFQ) around the world. Specific recommendations are made when implementing new IFQ programs, which is hoped will be looked at when reviewing this proposal that identifies these references. In his opinion the proposal is well thought out from a community that is looking at losing access and opportunity. The proposal does address by catch and fisheries waste reduction and seed amount of resource as a type of incubator. He voiced his appreciation of Council's consideration and hoped they would pass the Resolution. He commented on Resolution 00-54, protection of fish habitat. He noted that the fish habitat is often forgotten. The Alaska Marine Conservation Council believes that local input is essential to the decision making process along with what the scientists review. This does not mean that the management will shut down fisheries, but is to identify areas of habitat concern for a better understanding to adjusting fishing of those areas to reduce adverse effects on those areas. These issues are very important to the folks in the fishing community and those who care about the marine ecosystem. He voiced his appreciation of all work the Council does.

Matt Schadle commented on Coops and advised that he owns a processing plant here in Homer that has the capability of processing up to 100,000 pounds per day. He expressed his opinion that the City of Kodiak and the Kodiak Troller Association are behind this Coop issue, not wanting their fish to leave their town. It cannot be helped if Kodiak is operating decrepit processing plants that are not competitive with prices. He reported that as of a couple a days ago Homer again became the number one leading port for halibut. He voiced his belief that Homer has a good outlook on more processing capability and creating more jobs for this community. He advised that last week they processed approximately 60,000 pounds in a day and employed twenty five people and many of them got overtime, with a starting wage of $10 per hour. This coop issue and ideas before the Council are very good, he asked that the Council endorse this plan. He suggested that on page 3, item 7. six lines down where it states that "60% of the historic catch on boats of more than 300,000 pounds should be allowed 60% and boats with less than 300,000 pounds should be allowed 40%" these percentages be switch. He voiced his desire that Homer become the number one leading port for groundfish. He encouraged the Council to give up the documents that everyone is talking about and did not believe it would hurt everyone sitting at the Council table, might hurt some, but isn't that big of a deal to let these people see whatever it is.

Charlie Parsons, M/V NIGHTWATCH, spoke about the Gulf Rationalization and that if nothing else this area's voices need to be heard in front of the North Pacific Fisheries Management Council, if not this area will be left out and not have a say in what will happen. There is a Gulf Rationalization Committee wherein these thoughts and ideas need to be forwarded and heard. This proposal with Resolution 00-55 is a draft at this time and probably by the time the Committee gets done with it no one will recognize any part of it, but at least the area will have been heard and the Committee will be influenced in this way.

Laura Barton stated that she would appreciate it if the Council would give out the information that was used in forming the annexation petition so that the group can make intelligent decisions on what is going on and that information should be open.

RECONSIDERATION

CONSENT AGENDA

(Items listed below will be enacted by one motion. If separate discussion is desired on an item, that item may be removed from the Consent Agenda and placed on the Regular Meeting Agenda at the request of a Councilmember.)

A. Homer City Council regular meeting unapproved minutes of May 8, 2000. Recommend approval.

B. Resolution 00-51, Of the City Council of Homer, Alaska Awarding the bid for 400 cubic yards of City owned Dredge Spoils to Land's End Acquisition Corporation of Homer, Alaska in the amount of $4,200.00; Granting Land's End Acquisition Corporation's Request for an Additional 200 Cubic Yards for $10.50 per cubic yard and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Port/Harbor. City Clerk. Fiscal Note: $6,300 in revenue to Account: 400.4901.600, Freight Dock Road. Recommend adoption.

Memorandum from Port/Harbor as backup.

C. Memorandum 00-31, from City Clerk, Re: Girton International, DBA, Captain's Patties correction on Restaurant Designation Permit. Recommend approval.

D. Resolution 00-52, Of the City Council of Homer, Alaska Authorizing the City Manager to Purchase the Sewer Cam System with Line Locator Equipment for the Sewer System Described in Purchase Order 50715, from Alaska Pipe of Soldotna, Alaska in the Amount of $9,759.00. City Manager. Public Works. City Clerk. Fiscal Note: $9,759 from Account 315.5901.378, $10,000 budgeted. Recommend adoption.

Memorandum from Public Works as backup.

E. Resolution 00-53, Of the City Council of Homer, Alaska Requesting that Business along the Bypass create Landscaped Buffers between the Sidewalk and their Parking lots and that the Planning Commission Develop Landscaping Ordinances and Parking Lot Ordinances. Yourkowski. Recommend adoption.

F. Resolution 00-54, Of the City Council of Homer, Alaska Supporting a Public Process to Identify ad Protect Fish Habitat from Specific Harmful Fishing Practices. Yourkowski. Recommend adoption.

G. Memorandum 00-36, from Pers. Admin. Asst., Re: 2001-2006 CIP and 2002 Legislative Request Schedule. Recommend approval.

H. ADDED: Resolution 00-55, Of the Homer City Council Supporting the Kachemak Bay Gulf of Alaska Groundfish Rationalization Committee Proposal to be Submitted to the North Pacific Fisheries Management Council. Yourkowski. Recommend adoption.

WELLES/FENSKE - MOVED TO ADOPT THE RECOMMENDATIONS OF THE CONSENT AGENDA AS READ.

KRANICH/ - REQUESTED THAT RESOLUTION 00-52 BE PLACED UNDER NEW BUSINESS AS ITEM E.

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

Motion carried.

VISITORS

ANNOUNCEMENTS/ PRESENTATIONS/ BOROUGH REPORT/ COMMISSION REPORTS

A. Mayor's Travel Report - Lobbying trip to Washington D.C.

PUBLIC HEARING(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.)

There was no public testimony.

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. Fiscal Note: $14,664 to account 100.5105.166. (Introduction 05/08/00, Public Hearing 05/23/00, Second Reading 05/23/00.)

WELLES/CUE/KRANICH - MOVED FOR THE ADOPTION OF ORDINANCE 00-11 BY READING OF TITLE.

There was brief discussion in favor of this grant and the benefits thereof.

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

Motion carried.

CITY MANAGER' S REPORT

A. City Manager's Report.(Ice Crane Time and Commendation for Officer Hamilton.)

B. Bid Report, from City Clerk

C. Records Destruction Report, from City Clerk

The commendation for Officer Hamilton was read into the record.

COMMITTEE REPORT

PENDING BUSINESS

A. Discussion of Additional Annexation Forums. Fenske.

FENSKE/WELLES/YOURKOWSKI - MOVED TO DISCUSS ANNEXATION FORUMS

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

Motion carried.

Council discussed conducting additional Annexation Forums and the boundary issue was mentioned. It was pointed out that each forum brings into its discussion, in part, the boundary issue.

Councilmember Welles offered to do an Annexation Forum on Port and Harbor on Wednesday, May 31st, at 7 p.m. in the City Hall Council Chambers. He offered to include discussion on the annexation boundary issue. The Port and Harbor forum will include discussion on deferential fees for City resident/non resident.

An Annexation Forum on Finance was discussed. The date is pending and will be announced.

NEW BUSINESS

A. Memorandum 00-32, from Public Works, Re: Schulz Extraterritorial Sewer Connection and Fee.

WELLES/FENSKE - MOVED TO ADOPT THE RECOMMENDATION OF MEMORANDUM 00-32.

Recommendation: If the amount of the extension fee is to be established based on how Kachemak City residents have been assessed in the past, I - Public Works Director - recommend the extension fee be $2,152.41 for the reasons described above. This would mean that the total cost to connect would be $4,572.44; ($2,152.41 extension fee, $2,220.93 for the City provided tank kit, $200 inspection fee, and all service line installation costs). The applicant should agree to annexation and to sharing in the cost of any future full-size main extensions that benefit the property. No credit against future assessments should be given for the costs associated with this connection to the sewer.

The extension fee should be deposited in the City's Sewer Fund Reserve account to pay for oversizing new mains and replacement of old mains.

The above recommendation is based on the specific circumstances unique to this property. Future extra-territorial connection and extension fees or requirements may be different based on topography, lot size, location of existing mains, size and type of collection system (ie: gravity, STEP, pressure, etc.), or other considerations.

The examples on page 95 of the White's and Winding Trails Subdivision extensions were mentioned, that these are new constructions and that Winding Trails Subdivision is in Kachemak City. There was emphasis that the real driving force behind these requests is that a sewer system just does not work in these areas such as this location for the Schultz. These questions and requests must be answered equitably.

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

Motion carried.

B. Memorandum 00-33, from Administrative Assistant, Re: Polar Car Rental Lease.

FENSKE/WELLES - MOVED FOR THE APPROVAL OF THE RECOMMENDATION OF MEMORANDUM 00-33.

Recommendation: Approve the attached lease as written.

There was a brief discussion.

FENSKE/WELLES - MOVED TO AMEND: THAT THE FIVE PERCENT (5%) BECOMES EFFECTIVE AT THE SAME TIME THE OTHER CAR RENTAL/CONCESSION LEASES ARE REWRITTEN AND THAT SIX (6) DAYS ARE INCLUDED INSTEAD OF SEVEN (7) AND THAT HOLIDAYS ARE NOT REQUIRED FOR ATTENDANCE.

It was noted that if a third car rental company wants a lease at the airport the same amendment would apply, that the 5% begins January 2002. It was suggested that rent adjustments be written in the leases and that these be equitable.

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

Motion carried.

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

Motion carried.

Mayor Pro Tem Marquardt called for a recess at 8:55 p.m., reconvening the meeting at 9:13 p.m.

C. Memorandum 00-34, from City Clerk, Re: CCAA Appeal Regarding Records Request.

FENSKE/WELLES - MOVED TO SUSPEND THE RULES TO CONSOLIDATE ITEM C. AND D. MEMORANDUM 00-34 AND 00-35.

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

Motion carried.

FENSKE/CUE - MOVED TO GO INTO EXECUTIVE SESSION TO CONSIDER THE CCAA APPEAL AND THE ABIGAIL FULLER APPEAL CONCERNING RECORDS REQUEST FOR THE PURPOSE OF RECEIVING CONFIDENTIAL LEGAL ADVISE FROM THE CITY ATTORNEY.

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

Motion carried.

Mayor Pro Tem Marquardt recessed the meeting to Executive Session at 9:17 p.m. Council returned from Executive Session at 11:35 p.m. and the meeting was reconvened at 11:40 p.m.

The City Manager did not attend the Executive Session.

Councilmember Marquardt stated that the Council met in Executive Session regarding Memoranda 00-34 and 00-35 with the City Attorney

Councilmember Welles made the following statement: We view this as a quasi-judicial matter. We've come to a preliminary decision to affirm the City Manager's denial of the deliberative memos. However, we will direct the City Manager to continue to make available the department heads to answer questions relevant for your preparation of annexation briefs for the Boundary Commission. A written decision will be prepared and issued within seven (7) days and your time for appeal will not begin until then.

D. Memorandum 00-35, from City Clerk, Re: Abigail Fuller Appeal Regarding Records Request.

Refer to action under Memorandum 00-34.

E. Consent Agenda Item D. Resolution 00-52, Of the City Council of Homer, Alaska Authorizing the City Manager to Purchase the Sewer Cam System with Line Locator Equipment for the Sewer System Described in Purchase Order 50715, from Alaska Pipe of Soldotna, Alaska in the Amount of $9,759.00. City Manager. Public Works. City Clerk. Fiscal Note: $9,759 from Account 315.5901.378, $10,000 budgeted. Recommend adoption.

Memorandum from Public Works as backup.

KRANICH/FENSKE - MOVED FOR THE ADOPTION OF THE RECOMMENDATIONS OF RESOLUTION 00-52 BY READING OF TITLE ONLY.

In response to inquiry the Public Works Director clarified the reason for accepting the higher bid is the running capacity. The higher priced unit will TV 325 linear feet versus only 200 linear feet on the other unit. Homer manholes can be up to 400 feet apart, therefore the 200 feet unit might not be able to reach all of Homer's system.

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

Motion carried.

RESOLUTIONS

COMMENTS OF THE AUDIENCE.

Laura Barton thanked the Council and Mayor Pro Tem for allowing her to speak. She advised that she is doing her best to keep a positive attitude and keep her sense of humor during these trying times. She relayed that she has heard comments about the amount of time being spent by City Officials and Councilmen answering questions and providing information, which the foreign elements have requested. She asked if she must remind the Council that those in the proposed area did not fire the first shot in this action, that their lives have been disrupted and they have spent untold hours researching, digesting and reacting to Council's petition. She told the Council to not blame them for the lost time. She pointed out that the Port/Harbor forum was scheduled on the same day as the CCAA's regular meeting night, which makes it obvious that Council really does not want CCAA's input. She stated that on a City project she sees a fire hydrant over by the building that the borough sold the City for a dollar and there has been water coming out from the base of that hydrant for days. She suggested that somebody might want to check on fixing it, because if she becomes part of the City she certainly does not want to pay for water that is going to waste. Since it appears that she may have to make more money to pay these taxes if she becomes a City member and since she has a nice captive audience she stated that she is trying her hand at song writing. She sang the following to the Council:

This land is your land, this land is my land; Some of it's low land, some of it's high land; You're in the City, you have our pity; This land has bonds and its not free.

We know you're upset, about your budget; You have to fix it, you cannot fudge it; It would be better, to work together; This land should be in harmony.

Your annexation, has our heads reeling; Your method has caused, so much hard feeling; You did not ask those, with whom your dealing; You know that wasn't neighborly.

If you would take back, from the Commission; Your optimistic, annex petition; Instead of fighting, then we could help you; Make this a better place to be.

Thank you for listening to me.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans had no comment.

COMMENTS OF THE CITY CLERK

City Clerk Calhoun stated that the Clerk's Office will miss Dave Webster, who is leaving Homer and going to Virginia. She thanked him for all that he has done for the Clerk's Office and for the City.

COMMENTS OF THE CITY MANAGER

City Manager Drathman had no comment.

COMMENTS OF THE MAYOR

Mayor Pro Tem Marquardt urged those opposed to annexation to double check their facts and figures in relation to mill rates and forming service areas. He suggested retarding letter writing campaigns to the Local Boundary Commission. He commented about accusations that the Council is being obstructionists, emphasizing that the letter campaign is very obstructionist.

COMMENTS OF THE CITY COUNCIL

Councilmember Welles, in response to Laura Barton, stated that he did not know there was a meeting for those in the proposed annexation area on Wednesday night and therefore the Annexation Forum would be Tuesday, May 30 at 7p.m.

Councilmember Fenske thanked City Attorney Tans for coming down and helping the Council. He stated that the Attorney's job must be an interesting one. He noted that the City Attorney sat patiently through Council's deliberative process. He voiced appreciation for the public waiting on the Council.

Councilmember Yourkowksi thanked the Council for passing Resolutions 00-53, 54 and 55. He hoped that the action of Resolution 00-53 would make a difference to the way the Bypass looks. He addressed one of Mike Kennedy's comments, stating that the Council weighs the spirt of open government with the concept of effective government, which does not make for an easy decision.

Councilmember Cue had no comment.

Councilmember Kranich commended the Port and Harbor employee that enforced a rate, believing it to be accurate, in a very professional and courteous manner. He thanked the City Clerk and her staff for providing all the information for Council and others on the many, many issues with which there are concerns.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 11:58 p.m. The next regular meeting is scheduled for June 12, 2000 at 7:30 p.m. in the City Hall Council Chambers.

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MARY L. CALHOUN, CMC, CITY CLERK