Session 01-23, a Regular Meeting of the Homer City Council was called to order at 7:30 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 followed by the West Homer Elementary 3rd and 4th grade choir presenting a song about the heros of flight 93, composed by Atz Kilcher.

The Mayor called for a "stand down" while the choir exited, reconvening the meeting at 7:47 p.m.

The Council's Committee of the Whole met from 4:18 p.m. to 6 p.m. and discussed the regular meeting agenda and the development of City wide survey questions.

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

STAFF: ACTING CITY MANAGER BAUGH

CITY CLERK CALHOUN

CITY PLANNER TUCKER

FIRE CHIEF PAINTER

PUBLIC WORKS DIRECTOR MEYER

ACCT. SUPERVISOR MACK

HVFD DEPT. SVS. CRDTR. GRABOWSKI.

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 the consensus of the City Council with the following additions: Letters of testimony on the budget, additional backup information for Memorandum 01-65 and Substitute Ordinance 01-51(S) with backup memo from Finance Director, Resolutions 01-88(S), 01-89(S) and Resolution 01-87(S).

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Don Malcolm, commenting on the Thompson Drive Sewer District, noted his curiosity on whether or not this project is out now and wondered as to what is next. He inquired if there were any question regarding the district. He voiced a concern regarding those property owners with in lieu of agreements and asked for clarification on how this may or may not affect the district.

Mayor Cushing and City Clerk Calhoun briefly elucidated the process and the waiver of non objection, which pertains to the 60 day objection period, included in the in lieu of agreements.

Larry Goode, Ocean Drive Loop neighborhood representative, urged the Council to adopt Resolution 01-87(S). He voiced appreciation for where the City has led them, the great results and the City leadership that has brought this project to this point tonight. He reported that there is another neighborhood meeting Monday night again with the City and with the contractor and the manufacturer of the polymer sheet piling. Mr. Goode emphasized his excitement about getting this project done.

Dave Anderson spoke in favor of Memorandum 01-66 and that it is a great idea to put the Town Square Project into the City realm. He stated that the Town Square Project has a lot of benefits to the down town area, the people of Homer and the people of the area in general. He stated that it is really difficult for a citizen organization to carry the clout that a governmental organization does in dealing with land owners such as Harbor Enterprises, CIRI and the University of Alaska. He noted that it is also difficult for a citizen organization to move forward on some of the kinds of plans and design options that a lot of people have expressed that they would like to see for down town improvements, such as trails and pedestrian access. He voiced his hope that there would be continued community and citizen involvement throughout the efforts toward this project. He reported that he had been the Coordinator of the Town Square Project for the first couple of years and that there is tremendous support among the "Joe average citizen" and among the business owners, particularly in the down town area, that would like to participate a little more fully in some of the economic activity that happens on the southern peninsula. He advised that part of the Town Square Project is to make the down town area more attractive and easily accessible to visitors and residents, who normally head out to the Spit, and that this project would go a long way to improving the economics and beautification of the down town area. Mr. Anderson stated that he would like to see the City and the Planning Department become more involved and that he would like to see citizen and community participation encouraged.

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 October 22, 2001. Recommend approval.

B. Homer City Council special meeting unapproved minutes of October 29, 2001. Recommend approval.

C. Resolution 01-79, Of the City Council of the City of Homer Finding the Need to Create the Thompson Drive Sewer Improvement/Assessment District and Setting the date for Public Hearing as January 14, 2002. City Clerk. Fiscal Note: Property owner share is 50%. Total project cost is estimated at $120,000. 50% to be funded by HAWSP. Recommend adoption.

D. Resolution 01-88(S), Of the City Council of Homer, Alaska Authorizing Expenditures for Reimbursement from Bonds for the Homer Accelerated Water and Sewer Program (HAWSP) Assessment Districts. City Manager. Fiscal Note: Bonding for up to $2,609,537. Recommend adoption.

E. Resolution 01-89(S), Of the City Council of Homer, Alaska Authorizing Expenditures for Reimbursement from Bonds for the Ocean Drive Loop Bluff Erosion Control Project. City Manager. Fiscal Note: Bonding for up to $1,039,875. Recommend adoption.

F. Resolution 01-87(S), Of the City Council of Homer, Alaska Awarding the Design/Build Contract for the Ocean Drive Loop Bluff Erosion Control Project to the Firms of Phukan, Inc. and Coast Range Construction and Authorizing the City Manager to Execute the Initial Preliminary Design-Build Agreement Between Owner and Design Builder. City Manager. Fiscal Note: Acct: 151-741, no dollar figure included at this time. Recommend adoption.

Memorandum from Public Works attached as backup.

G. Memorandum 01-63, from City Clerk, Re: Travel Authorization for Mayor, Council, City Manager and Department Heads to AML in Anchorage during the week of November 24th. Fiscal Note: There are varying conference costs, the AML Conference is $225, the average cost for hotel is $80 per night, $.0345 per mile for POV, per diem is $53 for all three meals per day. Recommend approval.

H. Memorandum 01-64, from City Clerk, Re: Cancellation of November 26th meeting due to AML. Recommend approval.

I. Memorandum 01-66, from Councilmember Yourkowski, Re: Homer Town Square Task Force. Recommend approval and confirmation of members.

J. Memorandum 01-67, from City Manager and Chief of Police, Re: Homeland Security Issues. Recommend approval.

FENSKE/CUE - MOVED FOR THE ADOPTION/APPROVAL OF THE RECOMMENDATIONS OF THE CONSENT AGENDA AS READ.

LADD/ - REQUESTED THAT ITEM I. BE PULLED AND PLACED UNDER NEW BUSINESS AS ITEM B.

VOTE:(Items A. - H and J.) YES: FENSKE, LADD, YOURKOWSKI, MARQUARDT, KRANICH, CUE.

Motion carried.

VISITORS

ANNOUNCEMENTS/ PRESENTATIONS/ BOROUGH REPORT/ COMMISSION REPORTS

A. Special Presentation to Dr. Bell, Homer's Physician Sponsor for the Fire Department.

Mayor Cushing read the recognition from the certificate: Dr. Bell received the George H. Longenbaugh, MD, Memorial Award on November 10, 2001 during the 24th Annual Governor's EMS Banquet. He is honored for his exemplary leadership and dedication to EMS systems and for promoting the Alaska EMS System. He has been an active member of the Homer Fire Department for over 18 years and is the first two time recipient of this prestigious award.

There was a standing ovation for Dr. Bell, who gave the EMS personnel the credit for his award.

Mayor Cushing called for a recess at 8:09 p.m., reconvening the meeting at 8:20 p.m.

Councilmember Marquardt announced a Parking Task Force Meeting on Tuesday, November 20th.

Councilmember Cue pointed out that the Beach Policy Task Force had included several recommendations regarding parking at Mariner Park and on the Homer Spit.

Mayor Cushing reported on the EDD Forum to be held this Friday and Saturday. He asked that any Council input for his presentation at the EDD Forum be provided to him by Friday. He also commented on an apparent $450,000 available for the study phase of an Arts Center somewhere on the peninsula, adding that this is something that would fit well in the Homer area.

Councilmember Marquardt advised that there is a questionnaire out on the Arts Center.

PUBLIC HEARING(S)

A. Ordinance 01-51, Of the City Council of Homer, Appropriating Funds for the Calendar Year 2002 for the General Fund, the Water Fund, the Sewer Fund, the Port/Harbor Fund, Debt Funds, Capital Reserve Funds (Conditional Expenditures). City Manager. (First Reading 10/22/01, PublicHearing 11/13/01, Second reading directly after public testimony.)

Substitute submitted under Agenda Approval with backup Memorandum from the Finance Director.

A. 1. Resolution 01-80, Of the City Council of the City of Homer, Alaska Amending the City of Homer Fee schedule Regarding the Sewer rates. (Action under Resolutions)

A. 2. Resolution 01-81, Of the City Council of the City of Homer, Alaska Amending the City of Homer Fee Schedule Regarding the Water Rates. City Manager. (Action under Resolutions)

A.3. Resolution 01-82, Of the Homer City Council Amending Resolution 01-130(A) Establishing a Maximum Capital Reserve Fund Balance and Replenishment Schedule for the Water Fund. City Manager.(Action under Resolutions)

A.4. Resolution 01-83, Of the Homer City Council Amending Resolution 01-129(A) Establishing a Maximum Capital Reserve Fund Balance and Replenishment Schedule for the Sewer Fund. City Manager. (Action under Resolutions)

A.5. Resolution 01-84, Of the City Council of Homer, Alaska Revising the Port and Harbor of Homer Terminal Tariff No. 600. City Manager.(Action under Resolutions)

Memoranda from Port/Harbor Director requesting an amendment.

Resolution 01-84(S), Of the City Council of Homer, Alaska Revising Certain Portions of the Port and Harbor of Homer Terminal Tariff No. 600. City Manager. City Clerk. (Action under Resolutions.)

Gaye Wolfe, Bunnell Gallery Board, spoke on behalf of the many non profits in Homer and thanked the City for the contribution to so many organizations. She asked the Council to raise the appropriation from $100,000 to $120,000 for many reasons:

Philanthropic funding has declined, as well as has been diverted to the 9/11 relief effort back East.

Foundation funds are shrinking due to poor market conditions and a swollen economy.

She voiced her gratefulness to the Council for previous funding, noting the City's history of giving to the community non profits. Ms. Wolfe emphasized that each non profit is an important part of the City's infrastructure by being the life blood of the community, the heart, the soul, the arts and the sciences. She pointed out the need for these agency services, which provide food, clothing and shelter to the needy as well as welcome distractions such as the upcoming "Nut Cracker", that help to release pent up emotions caused by these uncertain times. She noted how lucky and blessed the Homer community is with the many passionate and dedicated volunteers that work thousands of hours trying to make this a better place. Ms. Wolfe told the Council that their help is needed to support the level of services already in place and to offer assistance to the new ones. She encouraged the Council to increase the support to $120,000 to the Homer Foundation for distribution to the non profit agencies. She thanked the Council and blessed them all for being here.

Derotha Ferraro, Executive Director of the Homer Chamber of Commerce, testified on the proposed economic development contract with the City of Homer and encouraged the Council to honor the contract at the current level in the budget. She provided some details and noted that one of the main things the contract does is to provide marketing services that the Chamber has done for the City for over fifteen years now and that it will be the same from this year to next year. She referred to the document she had given the Council earlier this fall that lists how the City dollars are spent; rack cards, display ads in the Mile Post, and other visual marketing tools to encourage the visitor to come to Homer. She reported that the things that are in the contract are the basics that the Chamber will do regardless of the year or regardless of what has happened. Ms. Ferraro noted that the Chamber of Commerce is an efficient, dynamic organization with many committee members and members that bring many resources to the Chamber. She reported that the Chamber of Commerce responds to immediate needs, concerns and considerations; an example being the recently established Cruise Ship Committee who designed a brochure called "Cruise Homer", specifically designed to attract cruise ship visitation. She distributed a copy of the brochure that was printed by Print Works and encouraged the Council to thank Kevin Fraley at Print Works for the fine brochure. She further reported that the additional $15,000, this year in the contract, are specifically for new things that fall under the Department of Economic Development Services, particularly those in support of the Small Business Development Center and to enhance that service. Ms. Ferraro advised that the private Small Business Development Counselor, Mark Gregory, had 107 clients in 2000 and has been quite busy in 2001. She noted that in these changing times there are many economic hurdles and considerations to evaluate as the small business moves forward. She relayed that the Counselor's additional duties will be:

1. Assisting in the logistical preparation and administration of small business workshops, open to the public, that are currently being held at the Chamber once to twice a monthly on specific topics.

2. Putting together a business relocation packet about Homer, an area of desperate need.

3. Conducting pre screening questionnaires of businesses both in house and on line.

4. Part of the Homer Economic Development Team, of which the City Manager is working with the Council, to be proactive in promoting Homer and the economy here and will be performing various duties for that group.

Ms. Ferraro stated that the Chamber needs to put energy and time into ensuring that the business health in Homer stays good, citing such items as sales tax, property tax and employees spending money here in town. She emphasized that small business is Homer's industry.

The Mayor allowed a brief question and answer period.

Ms. Ferraro, upon Council's inquiry and while maintaining confidentiality, cited some examples of businesses that benefitted by the Small Business Development Program. She answered questions regarding the "Cruise Homer" brochure and the realized and predicted effects from the 9/11 attack. She emphasized that it is difficult to track the independent traveler. She pointed out that so far in 2001 there have been just over 6,300 inquiries about Homer, compared to 4,930 in the 2000. She noted that cruise ships that planned to be in the middle east or overseas are looking for domestic ports to "hang out in", adding that one of the downsides for Homer is that it is not near a foreign port to cover the Jones Act requirements.

Gary (Gil) Mayforth inquired if the two paid EMS positions were still in the Budget. He encouraged the Council to have a vision for the future and for the next twenty years. He urged the Council, before moving forward with more paid positions, to invest the new tax dollars wisely, to take a clear look where emergency services were and where emergency services are today. He reported that at last count there were 29 or 30 volunteers, that he can remember the count being 60 and others with more history, than he, may remember a time when the number of volunteers was higher. Mr. Mayforth suggested that the Council ask themselves what are the valuable goals that this community needs to work towards to achieve that vision that the Council identifies. He commented that with new employees there will be no choice, but to fund these in the future. He offered an opportunity/an option that if the Council does feel the need to spend those dollars to spend this on all the volunteers by moving to a paid call system. He commented on offering real incentives such as paying the volunteers for training, for calls and for standby at the station. He relayed reading in the paper that the two additional employees would be to provide 24/7 coverage, He commented on getting volunteers into the PERS retirement system and that this sounds like it is a program years into the future. He voiced his opinion that a paid call system would afford tracking volunteer response through accounting, be able to offer retirement and benefits which are true incentives for all the volunteers.

Mayor Cushing allowed a brief question and answer period.

Mr. Mayforth responded to Council inquiry, that he can no longer in good conscience respond under the current administration at the Fire Hall. He stated that he looks forward to the opportunity to grow the department into a service wherein he can respond in good conscience. He advised that he is one of those individuals that can walk through that door that everyone else is running out. He advised that the paid on call system for the volunteers has been on the table at the Fire Hall since 1991, nothing went beyond this due to being a budgetary issue. He noted that now the Council has some new real dollars and encouraged the Council to spend these wisely and not in haste.

Acting City Manager and Finance Director Baugh responded to Council inquiry regarding the two additional paid positions, that one of the main goals, in talking to the newly formed service area, is to get response times down to the service area and in the City. He advised that the two additional paid positions was formed out of the plan, at the Fire Department, to best address this goal. He interjected that the Homer Volunteer Fire Department has more incentives than most volunteer departments, as was determined through a recent survey of other volunteer departments. Finance Director Baugh pointed out that in the 2002 budget there is $20,000 for incentives, such as the Bay Club, and work is being done on some type of retirement program for volunteers.

Mr. Mayforth was asked if he had any other comments. He offered that a paid call system has happened to many other departments across the state and that a true volunteer department is a rare case and cited some examples: Mat Su is paid volunteer, CES is paid call, and Girdwood is paid call. He stated that the current incentives are paid in part by the volunteers or the volunteer corporation kicks in the volunteer share of those costs. He advised that some of the incentives were eliminated such as vehicle maintenance and other shop chores, adding that while the volunteers were using the facilities to do these things they were present to respond on calls and were not paid.

Mike Dye, President of the Chamber, reported that the Homer Chamber of Commerce won Chamber of the Year. He advised that the Chamber has worked to build its partnership with the City and feels that it has been very successful. He commented on the Small Business Counseling and Planning Services and that if he were going to start a new business this would be the first place he would go for planning, demographics, and resources. He advised that in his position at FNBA he refers people to the Small Business Counseling and Planning. He will refer businesses to this resource at any stage in the business process, whether start up, existing, growing or planning to branch out into a different sector. He stated that he has heard nothing but good about that process and would argue that, those businesses that have participated in this service have been 100% successful. He relayed his positive experience with observing the success of this program. He informed Council of a comment that Derotha Ferraro had forgotten to mention: The fact that after the Gulf War tourism and visitation to Alaska increased. In response to a Council query, he advised that there have been no capital outlays regarding the Small Business Program and that it mostly is a resource of time. Mr. Dye emphasized that there are a lot of resources provided at the Chamber of Commerce and recommended it as a resource and information tool for businesses.

Rika Mouw thanked the Council for their time and effort, and voiced her gratefulness for the past support to the non profits. She urged the Council to add 20% to strengthen this investment that has already been to quite an infra structure. She relayed her concern that $100,000 might become too diluted, therefore, the City's investment would not remain as strong as it could.

KRANICH/CUE - MOVED TO POSTPONE ACTION ON ORDINANCE 01-51 AND SUPPORTING RESOLUTIONS UNTIL DECEMBER 10, 2001 WITH A WORKSESSION PRIOR TO THAT.

Councilmembers stated that they needed more time on the budget and that they wanted a worksession. Council asked for the budgetary implications if they amended Resolution 01-84(S) to include the Port/Harbor Commission's recommendations regarding cold storage.

Council called for a budget worksession on Monday, December 3, 2001 at 4 p.m. in the City Hall Council Chambers.

Finance Director Baugh will provide the cold storage fiscal impact information for the worksession.

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

Motion carried.

B. Ordinance 01-52, Of the City Council of the City of Homer, Alaska Amending Homer City Code Section 4.15.010, Ballots Form. City Clerk. (First Reading 10/22/01, Public Hearing 11/13/01, Second reading directly after public testimony.)

There was no public testimony.

YOURKOWSKI/CUE - MOVED FOR THE ADOPTION OF ORDINANCE 01-52 BY READING OF TITLE FOR SECOND AND FINAL READING.

Council inquired about the color being green on the ballots. The City Clerk briefly provided the history regarding the color. The amendment allows the ballots to be white and to require a ballot number only on the ballot stub.

VOTE: YES: UNANIMOUS, THERE WERE NO OBJECTIONS.

Motion carried.

C. Ordinance 01-53, Of the City of Homer Extending Ordinance 98-03(A), Amending Homer City Code Chapter 9.04 to Create a $100,000 Personal Property Exemption, to Exempt Certain Motor Vehicles from Personal Property Tax, and to Levy a Flat Tax on Certain Watercraft, Scheduled to Sunset December 31, 2001. City Manager. (First Reading 10/22/01, Public Hearing 11/13/01, Second reading directly after public testimony.)

C.1. Ordinance 01-53(S), same title.

There was no public testimony.

FENSKE/MARQUARDT - MOVED TO POSTPONE ORDINANCE 01-53 TO DECEMBER 10TH MEETING.

The staff recommended postponement to the next regular meeting because of the substitute and to provide for greater public awareness. The substitute incorporates changes pointed out by Councilmember Kranich at the October 22, 2001 Regular Meeting and changes by the City Attorney and City Manager after concurrent reviews.

09.04.042 Annual tax levy - registered watercraft. Except as provided below, for purposes of taxation, watercraft for which the USCG certificate of number, U.S. or foreign documentation or registration document, Alaska Division of Motor Vehicles registration number, or the ADF & G number have been issued, or other watercraft subject to a tax shall be totally exempted from ad valorem taxes, and shall be taxed in accordance with the following flat tax schedule. For purposes of taxation, U.S. Coast Guard registered watercraft subject to a tax shall be totally exempt from tax levied under Section 9.04.040, and an annual tax in lieu thereof is hereby levied in accordance with the following flat tax schedule. Watercraft shall be measured according to length overall.

Watercraft Flat Tax Schedule

Class Watercraft Length Overall Annual Tax

1 less than 15 feet $ 0

2 15 to less than 20 feet $ 0

3 20 to less than 25 feet $ 10

4 25 to less than 36 feet $ 30

5 36 to less than 60 feet $ 50

6 60 to less than 100 feet $ 100

7 100 feet or more $ 200

b. Watercraft for which all certificates of number, registration, or documentation, or other form of maritime licensing or registration and the ADF & G number, if applicable, have been surrendered to the issuing authority by January 1 of the tax year shall be taxed on an ad valorem basis. Vessels for which such registration or licensing has lapsed but has not been surrendered shall not qualify for ad valorem taxation.

c. A vessel owner may appeal the determination of the borough assessor under this section, using the procedures set out in KPB 5.12.050-060.

Section 2. Homer City Code Section 9.04.046 is hereby reenacted without sunset to read as follows:

9.04.046 Real and personal property tax--Exemptions. a. The following property is exempt

from the real and personal property tax imposed by this chapter:

1. the first $100,000 of assessed valuation of personal property, other than motor

vehicles and watercraft, owned by each taxpayer; for taxpayers with more than one personal property

tax account, this exemption shall be distributed pro rata among all of the taxpayer's accounts based

on the proportion of the assessed value in each account to the total assessed value of that taxpayer's

personal property;

2. motor vehicles that are subject to a motor vehicle registration tax imposed by

Kenai Peninsula Borough Code chapter 5.12, and as the same may be thereafter amended, revised,

or replaced.

b. This section shall be applied and construed to effectuate its general purpose to make

uniform the laws of the City and the Kenai Peninsula Borough with respect to the exemptions

granted by this section.

Section 3. Section 5 of Ordinance 98-03(A), providing for repeal of the provisions of Ordinance 98-03(A) on December 31, 2001, is hereby repealed. The provisions of Ordinance 98-03(A), as amended by this ordinance, shall extend indefinitely."

VOTE: YES: UNANIMOUS, THERE WERE NO OBJECTIONS.

Motion carried.

D. Ordinance 01-54, Of the City of Homer Amending the Homer City Code Section 20.32.010, Animal Control Fee Schedule. City Manager. (First Reading 10/22/01, Public Hearing 11/13/01, Second reading directly after public testimony.)

D.1. Resolution 01-85, Of the Homer City Council Amending the Fee Schedule for Animal Control Fees. (Action under Resolutions.)

There was no public testimony.

CUE/FENSKE - MOVED FOR THE ADOPTION OF ORDINANCE 01-54 BY READING OF TITLE.

It was noted that the fee schedule was reviewed by Chief of Police Robl and Animal Control Officer Bess. Councilmember Fenske suggested that the fee schedule be reviewed by a committee and objected to portions of the fee schedule.

FENSKE/ - CALLED FOR THE QUESTION.

THERE WERE NO OBJECTIONS TO THE CALL FOR THE QUESTION.

VOTE: YES: UNANIMOUS, THERE WERE NO OBJECTIONS.

Motion carried.

E. Ordinance 01-55, Of the City of Homer, Amending Homer City Code Section 18.28.060Tidelands Ownership. City Clerk. (First Reading 10/22/01, Public Hearing 11/13/01, Second reading directly after public testimony.)

LADD/FENSKE - MOVED THAT ORDINANCE 01-55 BE ADOPTED BY READING OF TITLE.

It was noted that this ordinance makes no major changes and simply fills in blanks that were left in the code: Tideland Patent No. 271 issued 12/09/74, recorded in Vol.IV.

VOTE: YES: UNANIMOUS. THERE WERE NO OBJECTIONS.

Motion carried.

F. Ordinance 01-56, Of the City Council of Homer, Alaska Accepting and Appropriating a Grant from Internet Crimes Against Children in the Amount of $45,000.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. (First Reading 10/22/01, PublicHearing 11/13/01, Second reading directly after public testimony.)

There was no public testimony.

FENSKE/.KRANICH - MOVED FOR THE ADOPTION OF ORDINANCE 01-56 BY READING OF TITLE.

Council noted that the internet crime training of Homer's police officers has already been useful.

VOTE: YES: UNANIMOUS. THERE WERE NO OBJECTIONS.

Motion carried.

G. NEW Liquor License and Restaurant Designation Permit - Restaurant/Eating Place Seasonal for Finn's LLC, dba, Finn's

There was no public testimony.

ORDINANCE(S)

CITY MANAGER'S REPORT

A. City Manager's Report (Kachemak Bay Multi Purpose Ocean Dock project status report, Staff honors Fire Chief Robert Painter and Finance Director Dean Baugh, Homer High Swim Team accomplishments, Homer Animal Shelter Design Team, Ice/Crane Time.)

Mayor Cushing called for a recess at 9:45 p.m., reconvening the meeting at 9:59 p.m.

Acting City Manager Baugh elucidated the utilities rate model.

Councilmember Cue, noting the memorandum regarding the Animal Shelter Design Team, lauded this procedure as set up by the City Manager.

B. Records Report.

C. Game Permit Report.

COMMITTEE REPORT

PENDING BUSINESS

NEW BUSINESS

A Memorandum 01-65, from City Clerk, Re: NEW Liquor License and Restaurant Designation Permit - Restaurant/Eating Place Seasonal for Finn's LLC, dba, Finn's

Recommendation: It is the recommendation of staff that the Homer City Council "voice non objection and approval" of the New Liquor License and Restaurant Designation Permit - Restaurant Eating Place Seasonal for Finn's LLC, dba, Finn's.

Fiscal Note: Revenues.

MARQUARDT/YOURKOWSKI - MOVED FOR THE APPROVAL OF THE RECOMMENDATIONS OF MEMORANDUM 01-65.

There was brief, favorable comments by some of the Council.

VOTE: YES: UNANIMOUS. THERE WERE NO OBJECTIONS.

Motion carried.

B. Consent Agenda Item. I. Memorandum 01-66, from Councilmember Yourkowski, Re: Homer Town Square Task Force. Recommend approval and confirmation of members.

Recommendation: Approve the Town Square Task Force and membership as described in this memorandum.

Fiscal Note: Unknown at this time.

YOURKOWSKI/FENSKE - MOVED FOR THE APPROVAL OF THE RECOMMENDATION OF MEMORANDUM 01-66.

FENSKE/CUE - MOVED TO AMEND BY STRIKING ON PAGE 62, THE LAST TWO FULL PARAGRAPHS AS WELL AS THE PARAGRAPH OF RECOMMENDATION, AND THEN MOVING THE RECOMMENDATION TO A LOCATION ON PAGE 61, WHERE AT THE 4TH LINE UP FROM THE BOTTOM OF THE PAGE WHERE IT SAYS THE "GOALS OF THE HOMER TOWN SQUARE TASK FORCE WILL BE", TO STRIKE THAT AND REPLACE IT WITH, "RECOMMEND THE CITY ADMINISTRATION IN CONJUNCTION WITH WORKING GROUP TO INCLUDE PLANNING, COUNCIL AND TOWN SQUARE PROJECT REPRESENTATIVE WILL; AND THEN THE REST OF IT READ THE SAME.

After some discussion and with the concurrence of the Council the following was added to the primary amendment: THE SUBJECT LINE WILL CHANGE TO WORKING GROUP AND IN PARAGRAPH 3 THE HOMER TOWN SQUARE TASK FORCE CHANGES TO THE CITY ADMINISTRATION IN CONJUNCTION WITH WORKING GROUP.

There was discussion about the make up of and process of the working group.

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

Motion carried.

The following is how the Memorandum would now read with amendments:

SUBJ: HOMER TOWN SQUARE TASK FORCE WORKING GROUP.

The Homer Town Square Project has, for the past three years, been a collaborative community effort meant to envision a comprehensive development design that will instill a greater sense of identity and pride, provide for economic opportunity and contribute to a higher quality of life. By encouraging and providing for improved public amenities, open space to be used as a town square, and a pedestrian network in the heart of downtown, economic development and the community''s quality of life will be enhanced.

Now that the Homer Town Square Project can provide credible information about community-identified needs and the details of smart growth projects, it is appropriate that the City of Homer become more directly involved in planning for the actual development of this central area . It is time for the City of Homer to encourage this private/public collaboration and convene a working group to leverage over $80,000 of private and grant funds already raised and spent on this project as well as the significant amount of time donated by many community members and private landowners. A comprehensive design will be created that will institutionalize and implement development that enhances our quality of life and provides for increased economic opportunities for our community's long-term benefit.

The Homer Town Square Task Force The City Administration in conjunction with working group will propose a development design for the heart of the Central Business District built on the research and design work ongoing by the Homer Town Square Project. Amenities to be planned for and implemented include public parking, a pedestrian network, public restrooms, dedicated public outdoor gathering places, aesthetics, design standards and access to services, recreation and entertainment. Methods of refocusing visitor traffic on the year-round businesses in downtown currently diverted due to existing land use and traffic patterns bypassing the Central Business District will also be included.

The goals of the Homer Town Square Task Force will be to: Recommend the City Administration in conjunction with working group to include Planning, Council and Town Square project representative will:

1. Complete a development design for recommendation to the City Council by fall of 2002.

2. Complete an economic analysis showing the investments and benefits associated with the recommended design alternative.

3. Prepare illustrative graphics of the design alternative to present to the community and City for review and approval in fall of 2002.

4. Incorporate information gathered from the public through the Homer Town Square public meetings.

5. Encourage collaborations between private land and businesses owners, the public and government.

6. Identify funding sources for implementation and maintenance of related development and maintenance projects.

Membership on the task force should include; Chair Mike Yourkowski, Town coordinator Barb Seaman, City Planner Zack Tucker, Chamber Representative, Art council Representative, Parks and Rec Representative and any additional individuals as needed and approved by council. Advisors to the committee will be Chris Beck (urban designer currently on contract with the Homer Town Square project), Public Works Director Carey Meyer, CIRI Representative Kirk McGee, A Harbor Enterprises Representative and a University of Alaska Representative.

Meetings should begin on Monday. November 19, 7 pm in conference room to take advantage of Chris Beck's availability and ongoing Homer Town Square Project grant funds meant to further this project. (Chris will be in Homer November 19-20^th) This meeting has been advertised contingent on Council approval.

RECOMMENDATION:

Approve the Town Square Task Force and membership as described in this memorandum.

There are to be regular bi monthly status reports under Committee Reports, to keep the public well informed.

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

Motion carried.

RESOLUTIONS

Resolutions 01-80 through 01-84(S) are postponed until December 10, 2001, this action was taken under Ordinance 01-51.

A. Resolution 01-80, Of the City Council of the City of Homer, Alaska Amending the City of Homer Fee schedule Regarding the Sewer rates.

B. Resolution 01-81, Of the City Council of the City of Homer, Alaska Amending the City of Homer Fee Schedule Regarding the Water Rates. City Manager.

C. Resolution 01-82, Of the Homer City Council Amending Resolution 01-130(A) Establishing a Maximum Capital Reserve Fund Balance and Replenishment Schedule for the Water Fund. City Manager.

D. Resolution 01-83, Of the Homer City Council Amending Resolution 01-129(A) Establishing a Maximum Capital Reserve Fund Balance and Replenishment Schedule for the Sewer Fund. City Manager.

E. Resolution 01-84, Of the City Council of Homer, Alaska Revising the Port and Harbor of Homer Terminal Tariff No. 600.

Memoranda from Port/Harbor Director requesting an amendment.

Resolution 01-84(S), Of the City Council of Homer, Alaska Revising Certain Portions of the Port and Harbor of Homer Terminal Tariff No. 600. City Manager. City Clerk.

F. Resolution 01-85, Of the Homer City Council Amending the Fee Schedule for Animal Control Fees.

CUE/KRANICH - MOVED THAT WE ADOPT RESOLUTION 01-85 BY READING OF TITLE.

There was no discussion.

VOTE: YES: UNANIMOUS. THERE WERE NO OBJECTIONS.

Motion carried.

G. Resolution 01-86, Of the Homer City Council Directing the City Manager to Bring Back to the Council his Recommendation for Upgrading the City's Water and Sewer Master Plan, with an Implementation Plan to Begin the Expansion of the City's Primary Service Lines, Water Supplies and Sewer Treatment Facilities. Fenske. Yourkowski.

FENSKE/CUE - MOVED FOR THE ADOPTION OF RESOLUTION 01-86 BY READING OF TITLE.

FENSKE/CUE - MOVED TO AMEND TO CHANGE THE LAST PARAGRAPH, COMPLETION DATE NO LATER THAN JANUARY 2003.

Public Works Director Meyer, responding to Council inquiry, agreed that a year instead of six months was more practical.

The need for this study was briefly mentioned as was the proposed annexation area.

The date change is from June 1, 2002 to January 2003.

FENSKE/ - CALL FOR THE QUESTION.

THERE WERE NO OBJECTIONS.

VOTE: (primary amendment) YES: UNANIMOUS. THERE WERE NO OBJECTIONS.

Motion carried.

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

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

Acting City Manager Baugh had no comment

COMMENTS OF THE MAYOR

Mayor Cushing commented briefly on the vandalism in Homer and reported on a group meeting of parents regarding solutions. He voiced his opinion that Homer is bringing up a pretty good generation of children.

COMMENTS OF THE CITY COUNCIL

Councilmember Marquardt noted that there were no negative votes tonight and that a lot of ground was covered.

Councilmember Ladd thanked the third and fourth grade youngsters for coming tonight, that they did a great job and that Atz Kilcher wrote the song. He commented that there have been some real devastating things that have happened and it is best to "get out" and do something, rather than to internalize.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 11:16 p.m. The next regular meeting is scheduled for December 10, 2001 at 7:30 p.m. in the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska. The City Council's Committee of the Whole is scheduled to meet at 4 p.m. on December 10, 2001. The second Regular Meeting of November is canceled. A budget worksession is scheduled for Monday, December 3rd at 4 p.m. in the Council Chambers.

____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Approved date: ________________________