HOMER CITY COUNCIL

Session 02-24, 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.

The Council's Committee of the Whole met from 4:01 p.m. to 5:54 p.m., agenda items were Hockey Association Issues and Status with the City of Homer, 2003 Budget General Fund, Discussion with UAA, Kenai Peninsula College Director, Gary Turner and the Kachemak Bay Campus Director, Carol Swartz, and the Regular Meeting agenda.

PRESENT: COUNCILMEMBERS: BECK, FENSKE, KRANICH, LADD, STARK.

STAFF: ACTING CITY MANAGER ROBL

CITY CLERK CALHOUN

FINANCE DIRECTOR BAUGH

PLANNING DIRECTOR TUCKER

PUBLIC WORKS DIRECTOR

ADMINISTRATIVE ASSIST. LIVINGSTON

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 the following changes: Substitute Memorandum 02-63(S), addition of Nicky Szarzi to Visitors for a presentation on Fishing Lagoon, Memorandum from the Port/Harbor Director regarding the Port/Harbor Commission’s review of the Proposed Tariff Changes, Memorandum from the City Manager informational to Resolution 02-76, an informational zoning map showing the existing zoning and the annexed areas, Memorandum from Planning as backup to Ordinance 02-42, Study area 1, and a letter from Doris Cabana regarding Study Area 1.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Don McNamara commented about the Ocean Drive Loop Bluff Erosion Control Project, the seawall, with regard to Ordinance 02-50. He advised the Council that most of the home owners are in the dark on what is happening and what is taking place. He requested a meeting to discuss the status of the project.

Mayor Cushing indicated that he would get back to Mr. McNamara on the next step and that he would get with the Public Works Director and the City Manager on identifying the next step.

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 unapproved meeting minutes of November 4 (rescheduled October 28 Regular Meeting). Recommend approval.

B. Ordinance 02-50, Of the City Council of Homer, Appropriating $269,500.00 from the Special Project Reserve Account in the CIP Fund for Disaster Repair. City Manager. Fiscal Note: Acct. 151-749 $269,500.00, break down in attached memorandum. Recommend adoption.

Memorandum from Public Works as backup.

PLACED UNDER ORDINANCES

C. Resolution 02-74, Of the City Council of the City of Homer, Alaska the City Council of Homer, Alaska that the City of Homer Desires and Supports the Construction of Adams Drive and Delivery of Excavated Waste Materials to Lots 1 and 2 of the Jack Gist Subdivision, Authorizes the Execution of the Memorandum of Agreement with the State of Alaska Department of Transportation and Public Facilities for the City of Homer to take Title to, Maintain and Operate Adams Drive after Construction Thereof. City Manager. Recommend adoption.

D. Resolution 02-75, Of the City Council of the City of Homer, Alaska Establishing the Policy for Adding New Rural Roads to the Official Road Maintenance Map. City Manager. Recommend adoption.

Memorandum from Public Works as backup as submitted under Manager’s Report October 14, 2002.

E. Resolution 02-76, Of the City Council of Homer, Alaska Amending the Street and House Numbering Plan to Provide that Areas Annexed to the City after 1 January 2000 will use the Kenai Peninsula Borough Lot Numbering System. Stark. Recommend adoption.

PLACED UNDER RESOLUTIONS.

F. Substitute if approved under agenda approval: Memorandum 02-63(S), from Mayor, Appointment of Andrea Macauly to the Advisory Planning Commission, Reappointment of Rick Foster to the Advisory Planning Commission and Reappointment of Jim Hornaday to the Cook Inlet Regional Citizen’s Advisory Council. Recommend confirmation.

BECK/LADD - MOVED FOR THE ADOPTION AND/OR APPROVAL OF THE RECOMMENDATIONS OF THE CONSENT AGENDA.

FENSKE/ - REQUESTED ITEM E. RESOLUTION 02-76 BE MOVED TO RESOLUTIONS. This will be item A. under Resolutions.

KRANICH/ - REQUESTED ORDINANCE 02-50 BE PLACED UNDER ORDINANCES AS ITEM E.

VOTE: (without items B. and E.) NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

A. Nicky Szarzi, Area Manager for the Sports Fishing Division of the Alaska Department of Fish and Game (ADFG), Presentation on Fishing Lagoon and the Fish Stocking Program.

The ADFG Area Manager for the Sports Fishing Division, Nicky Szarzi, relayed the history of the fish stocking program and advised the Council of the changes happening to the fish stocking program.

ü ADFG stocked early run King, late run King and late run silvers 1990 to 2000.

ü 2000 ADFG discontinued the late run of King due to poor return numbers and no alternate source of late run eggs.

ü 2001 the late run switched to early run silvers return, similar run time to late run Chinook, ADFG can’t raise late run Silver because there isn’t enough hatchery space, the outcome would have been 2003 last year of the late run and 2004 first year of the early run with no overlap.

ü 2002 ADFG hatchery had surplus early run Silver Salmon, returned for the first time in 2002. Had both early and late Silver runs.

ü 2003 Both early and late run Silver again will return.

ü 2004 only early run Silver Salmon will return.

ü It is feasible for Cook Inlet Aquaculture Association (CIAA) to rear late run Silver in the Tutka Hatchery, this will require additional funding since ADFG does not have funding. Members of the public are interested in continuing the late run stocking and some are seeking alternative funding for the late run Coho to be reared and stocked.

ü Short term 2003 CIAA has extra Coho smolt for delivery this spring, these would return 2004 for three years in a row of double returns, there is an associated cost that is not funded.

Ø Summary:

Ø Early run King stocking by ADFG will continue into the future.

Ø Early run Coho stocking by ADFG will continue into the future.

Ø CIAA can rear late fun Coho with funding.

Ø Private late run stocking could begin as soon as 2006, within funding identified in 2003.

Ø A one time special circumstance, CIAA has Coho smolt for stocking 2003 spring for $25,000.00.

Ms. Szarzi advised that the annual costs, estimated by CIAA, are between $40,000.00 and $50,000.00, because the Tutka Hatchery does not have a Coho return at this time and the Coho smolt need to be reared for two years in the hatchery.

Mayor Cushing suggested that it might be appropriate for the City of Homer to be thought of as one of the possible participants of a funding source.

There was a brief question and answer period. The Mayor and Council commented that the sports fishing at the Fishin’ Hole is of economic benefit to the City of Homer and that, they, as well as the Homer area residents and visitors enjoy the sports fishing at the Fishin’ Hole.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

Library Advisory Board Chair and Chair of the Capital Campaign Committee, Nancy Lord, reported to the Council regarding the capital campaign for the new library project. She invited everyone to visit the Library and see the work of art, designed by Susan Cushing and constructed by Don Ronda, next to the font door that is the thermometer to measure the contributions for a new library. She described the thermometer and lauded the creativity that went into the design such as the stacks of books, with very intriguing titles, that mark the levels on the thermometer. She advised that there were a number of other individuals involved with the thermometer project and named Bobby Paulino and Judy Winn, painters of the thermometer, and Dan Coyle, who contributed some of his genius to it. She emphasized the need to have a site for the library to secure funding. Ms. Lord commended the work of Library Director Hill, adding that she is a real jewel and a terrific City employee.

Mayor Cushing presented Public Works Director Meyer with an AML award for the Pioneer Dock project.

Public Works Director Meyer accepted the award on behalf of the whole team.

A. Councilmember Fenske’s Travel Report, 52nd Annual AML Conference, November 11-15 in Valdez.

Councilmember Fenske briefly commented, adding that reference documents are on file in the City Clerk’s Office.

B. Mayoral Proclamation, Veteran’s Remembrance Month, November 2002.

Mayor Cushing thanked the Elks for partnering on recognizing the Veterans.

PUBLIC HEARING(S)

A. Ordinance 02-44, Of the City Council of the City of Homer, Alaska, Amending HCC 21.69.020, Public Hearing Procedures, to Publish Notice at Least Once in a Paper of General Circulation. City Manager. Fiscal Note: Reduction in Planning and Zoning publication costs. (First Reading November 4, 2002, Public Hearing November 25, 2002 and Second Reading directly after public testimony.)

There was no public testimony.

FENSKE/BECK - MOVED FOR THE ADOPTION OF ORDINANCE 02-44 BY READING OF TITLE FOR SECOND AND FINAL READING.

There was some discussion regarding the time lines for the Planning Commission and that the requirement for two consecutive weeks of advertising hampers the Commission’s ability to conduct business. There was some concern expressed regarding the public being properly notified.

Planning Director Tucker elucidated the notification process, voicing his opinion that there is sufficient notification to warrant advertising only one week. He encouraged the Council to enact the amendment which would benefit the efficiency of the Planning Commission process and contribute to the expeditious processing of public/property owner requests.

VOTE: YES: STARK, BECK, FENSKE.

NO: KRANICH, LADD.

Motion failed.

Under Council Comments, Councilmember Kranich issued notice of reconsideration. This reconsideration will be placed on the December 9, 2002 Regular Meeting Agenda.

B. Ordinance 02-45, Of the City Council of Homer, Alaska Appropriating $10,000.00 from the City Council’s Budget, Professional Services, for a Community Survey. Mayor/City Council. Fiscal Note: From Expenditure Acct. 100.5210.100 to new Expenditure Acct. 100.5213.100. (First Reading November 4, 2002, Public Hearing November 25, 2002 and Second Reading directly after public testimony.)

There was no public testimony.

LADD/FENSKE - MOVED TO ADOPTION ORDINANCE 02-45 BY READING OF TITLE FOR SECOND AND FINAL READING.

It was noted that the survey is being circulated and that the data gathered will soon be processed. Council adopted Resolution 02-69 on October 14, 2002 to move forward on the survey and not expend more than $10,000.00. This ordinance identifies the funding source.

VOTE: YES: NO OBJECTIONS. UNANIMOUS CONSENT.

Motion carried.

C. Ordinance 02-46, Of the City Council of Homer, Alaska, Accepting and Appropriating Grants from Rotary - Homer, Rotary International - Kyoto, Japan., and the Skateboard Association in the Total Amount of $27,000.00 for the Homer Skateboard Park Equipment and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Grants totaling $27,000.00 appropriated to Expenditure Acct. 151.747, Skateboard Park Equipment. (First Reading November 4, 2002, Public Hearing November 25, 2002 and Second Reading directly after public testimony.)

There was no public testimony.

FENSKE/KRANICH - MOVED FOR THE ADOPTION OF ORDINANCE 02-46 BY READING OF TITLE FOR SECOND AND FINAL READING.

Council commented and reiterated some concerns expressed at the last meeting and at the last Committee of the Whole with regard to usage before the park is completed and liability concerns.

Mayor Cushing inquired if the minutes had been forwarded to the Skateboard Association.

City Clerk Calhoun confirmed.

VOTE: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

D. Ordinance 02-47, Of the City Council of Homer, Alaska, Accepting and Appropriating a State Department of Environmental Conservation Grant in the Amount of $1,572,000.00 and Appropriating a Match of $673,714.00 from the Homer Accelerated Water and Sewer Program for a One Million Gallon Storage Reservoir and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Match transferred from the Homer Accelerated Water and Sewer Program, grant and match appropriated to Expenditure Acct. 215-814. (First Reading November 4, 2002, Public Hearing November 25, 2002 and Second Reading directly after public testimony.)

There was no public testimony.

FENSKE/KRANICH - MOVED FOR THE ADOPTION OF ORDINANCE 0-2-47 BY READING OF TITLE FOR SECOND AND FINAL READING.

Council discussed the need for the tank, locations and future needs.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Mayor Cushing called for a recess at 8:31 p.m., reconvening the meeting at 8:44 p.m.

F. Ordinance 02-48, Amending Chapter 17.04 of the Homer City Code Concerning Special Assessments and Connection Fees for Properties Subdivided after the Creation of a Local Improvement District. City Manager. (First Reading November 4, 2002, Public Hearing November 25, 2002 and Second Reading directly after public testimony.)

Mayor Cushing left the table, adding that since he had excused himself the last meeting regarding Ordinance 02-48 he would this time.

Mayor Cushing testified as a member of the public and explained that his reason for leaving the table was that his wife owns property in one of the assessment districts and is one of those who vacated a lot line. He shared the reasons she had vacated lot lines.

MOVED TO POSTPONE ACTION ON SECOND READING ON ORDINANCE 02-48 UNTIL THE NEXT REGULAR MEETING. ((December 9, 2002)

City Attorney Tans will be present and will submit his response to Council’s concerns expressed at the November 4th Regular Meeting.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Mayor Cushing returned to the table at 8:52 p.m.

ORDINANCE(S)

A. Ordinance 02-41, Of the City Council of the City of Homer, Alaska, Accepting Certain Tax-Foreclosed Property, Parcels 177-177-0600 and 177-177-0780, Deeded to the City by the Kenai Peninsula Borough and Designating as Undesignated. Mayor/Council. Fiscal Note: Total unpaid taxes due are $1,466.08 and Total Ocean Drive Bluff Erosion Control Estimated Assessments are $120,217.50. (First Reading October 14, 2002, Public Hearing October 28, 2002/rescheduled to November 4, 2002, Second Reading November 25, 2002.)

FENSKE/BECK - MOVED TO ADOPTION ORDINANCE 02-41 BY READING OF TITLE.

Council discussed the fiscal note attached to the foreclosure as well as the fact that the assessments would still be paid by the City if Council did not accept the property and gave it back to the Kenai Peninsula Borough.

Finance Director Baugh stated that an ordinance for the appropriation of the assessment would be presented to the Council with the Final Assessment Roll.

Mayor Cushing asked for the Administrative Assistants, Anne Marie Holen and Rachel Livingston to do some creative grant searching and applying, with regard to public land use, access to the beach and etcetera.

VOTE: YES: KRANICH, BECK, FENSKE, LADD, STARK.

Motion carried.

B. Ordinance 02-42, Of the City Council of the City of Homer, Alaska Amending the Homer City Zoning Map to Zone Portions Annexed Area Identified as Study Area #1. City Manager. (First Reading October 14, 2002, Public Hearing October 28, 2002/rescheduled to November 4, 2002, Second Reading November 25, 2002.)

Memorandum from Planning, new zoning maps and Cabana letter.

FENSKE/BECK - MOVED FOR THE ADOPTION OR ORDINANCE 02-42 BY READING OF TITLE FOR SECOND AND FINAL READING.

Planning Director Tucker advised that as a result of the Council’s Committee of the Whole on November 4, 2002 the Planning Commission, at its last meeting, approved changes to the zoning map that was forwarded back to the Council. He reported that since that time new information has been received on the CIRI property, depicted as lot 24 on the map, from Kirk McGee that this land is being transferred to a private individual. He advised that Mr. McGee stated that CIRI could not recommend the Open Space Recreation designation and would rather that this parcel be designated Rural Residential. The map was revised to reflect the CIRI preference.

Council discussed the zoning designations for Study Area #1.

FENSKE/LADD - MOVED TO POSTPONE TO OUR NEXT REGULAR MEETING. (December 9, 2002.)

There was discussion about the Planning Commission not acting on this until December 18th.

Planning Director Tucker advised that the Commission will be addressing this on December 4, 2002, therefore, he should be able to forward the Commission decision to the Council for the meeting on December 9, 2002.

The receipt of the Cabana letter was noted as was the request to be zoned General Commercial rather than Rural Residential.

Planning Director Tucker commented about grandfather rights.

Mayor Cushing asked the Planning Director to advise the Council, by or at the next meeting, if further postponement will be needed.

VOTE: (on postponement) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

C. Ordinance 02-43, Of the City Council of the City of Homer, Alaska Amending the Subdivision Code, Chapter 22.10 of the Homer City Code to Provide for an Abbreviated Plat Approval Procedure for Certain Small Subdivisions. City Manager. (First Reading October 14, 2002, Public Hearing October 28, 2002/rescheduled to November 4,2002, Second Reading November 25, 2002.)

Mayor Cushing commented that at the last meeting he had asked to be excused since his wife has been involved in this process and inquired if the Council wanted him to be excused this time.

Council expressed no desire for the Mayor to leave the table regarding Ordinance 02-43.

BECK/FENSKE - MOVED FOR ADOPTION OF ORDINANCE 02-43 BY READING OF TITLE FOR SECOND AND FINAL READING.

Council discussed the public notification portion of this Ordinance: (d) The notice provisions of Section 22.10.052 do not apply to action taken by the Planning Director on a plat eligible for the abbreviated procedures under this section. The Planning Director may act on such a plat without notice to the public or neighboring properties.

Planning Director Tucker reported that the current version of this Ordinance, from the Planning Commission, reflects those concerns and has been changed to what the Council had discussed and indicated they wanted changed at the Committee of the Whole meeting on November 4, 2002.

Discussion ensued.

KRANICH/LADD - MOVED TO POSTPONE ACTION ON THIS TO OUR NEXT REGULAR MEETING. (December 9, 2002.)

Council discussed the changes in the Ordinance and the Planning Director confirmed, in response to Council inquiry, that another public hearing at the Council level was probably warranted.

FENSKE/KRANICH - MOVED TO AMEND MOTION TO POSTPONE TO PUBLIC HEARING AND SECOND READING AT NEXT MEETING.

VOTE: (secondary amendment) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VOTE: (postponement) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

D. Ordinance 02-51, Of the City Council of Homer, Appropriating Funds for the Calendar Year 2003 for the General Fund, the Water-Sewer Fund, the Port/Harbor Fund, Debt Funds, Capital Reserve Funds (Conditional Expenditures). City Manager.(First Reading November 25, 2002, Public Hearing December 9, 2002 and Second Reading directly after public testimony.)

FENSKE/KRANICH - MOVED FOR INTRODUCTION AND FIRST READING OF ORDINANCE 02-51 BY READING OF TITLE.

General Fund $6,995,522

Water Fund $1,170,903

Sewer Fund $1,075,253

Port/Harbor Fund $2,790,036

Capital Projects $3,509,696

Internal Service Fund $ 712,800

Total Expenditures $16,254,210

The property tax mill levy is set at 5.0 mills for 2003.

There was very little discussion. The Finance Director noted that this budget presented is the administration’s budget and it is a balanced budget. In response to Council he stated that the changes Council had requested were revenue and the Ordinance addresses expenditures, and the only expenditure change is a transfer which does not show in the Ordinance.

VOTE: YES: KRANICH, BECK, FENSKE, LADD, STARK.

Motion carried.

D.1. Resolution 02-, Of the City Council of the City of Homer, Alaska Amending the City of Homer Fee Schedule Regarding the Sewer and Water Rates. City Manager. Follows same schedule as budget ordinance.

NO ACTION, IS PART OF THE BUDGET ORDINANCE.

D. 2. Resolution 02-, Of the City Council of Homer, Alaska Revising Certain Portions of the Port and Harbor of Homer Terminal Tariff No. 600. City Manager. Follows same schedule as budget ordinance.

Memorandum from the Port/Harbor Director regarding the Port/Harbor Commission’s review of the Proposed Tariff Changes

NO ACTION, IS PART OF THE BUDGET ORDINANCE.

There will be a budget worksession on December 2nd at 4 p.m. in the Council Chambers.

E. Consent Agenda Item B. Ordinance 02-50, Of the City Council of Homer, Appropriating $269,500.00 from the Special Project Reserve Account in the CIP Fund for Disaster Repair. City Manager. Fiscal Note: Acct. 151-749 $269,500.00, break down in attached memorandum. Recommend adoption.

Memorandum from Public Works as backup.

KRANICH/LADD - MOVED FOR THE ADOPTION OF ORDINANCE 02-50 BY READING OF TITLE.

Council noted that this is a revision and addition to the last request for emergency funds. Ordinance 02-49(A) appropriated $281,000 and this $269,500.00 equals the $550,500.00 estimated for the flood disaster repairs. Some new items have been added and revisions to the amounts of previous repair items.

Estimated costs from the Public Works Director:

Cost to Date Future Estimated

Public Works Response (including time supporting

HEA, ACS and ADOT, see attached details) ~~$31,133 $47,200~~

$49,000 $65,000

Woodard Creek/Fairview Avenue Crossing Repair

Concrete headwall construction/intake structure ~~$65,000~~ $20,000

Repair existing 2-42” culverts $22,000

Rebuild embankment upstream ~~$26,000~~ $28,000

Rebuild embankment downstream ~~$36,000~~ $38,000

Pavement patching and misc. cleanup $12,000

Eng. and Const. Management $16,500 Subtotal $0 ~~$177,500~~

$135,500

Ocean Bluff Erosion Control Project

Divert Seabreeze Ct. flooding at top of bluff $9,500

Temporary seawall protection at failed wall $6,000

Remove damaged wall section and repair $36,000

Import addn. backfill $10,000

Eng. And Const. Management $5,500

Subtotal $0 ~~$57,000~~

$67,000

Repair Road to Water Reservoir $0 ~~$25,000~~

$ 8,000

Ben Walters Park - Boat Dock Repair $0 $11,000

Spit Walkway Debris Removal and Repair $0 $125,000

“Fishing Hole” Debris Removal and Repair $0 $ 90,000

Subtotal = ~~$31,133 $306,700~~

$49,000 $501,500

Total estimated cost of damage repair = ~~$337, 833~~

$ 550,500

(assuming no additional serious rainfall events or high winds).

Acting City Manager Robl advised that the flooding of this past weekend may take a separate emergency declaration in and of itself, it is hoped that it can be tied into the first event. He reported on the significant damage of this past weekend.

VOTE: YES: STARK, KRANICH BECK, FENSKE, LADD.

Motion carried.

CITY MANAGER’S REPORT

A. City Manager’s Report (Employee Anniversaries, Hillside Acres Water/Sewer Improvements, HVFD Donation Account Expenditure, Kudos for Public Works.)

Employee Anniversaries: Jim Hobbs - 22 years, Ed Barcus - 19 years, Dave Bolt - 19 years, Gail Teater - 19 years, Glenn Satterfield - 6 years, Dave Shealy - 5 years, Mike Prouty - 4 years, Mike Riley - 2 years.

Council had questions regarding the recommendations of the Public Works Director regarding the extension of the water main along Fairview Avenue from Mullikin Street to West Hill Road in support of the Hillside Acres Water/Sewer LID Improvements.

Public Works Director Meyer advised that there are two alternatives to provide the water - one to build a tank above the Hillside Acres Improvement District area to provide the pressure necessary and the other to install a hydromatic pump station to pressurize a small tank near the center of the improvement district. He pointed out that the alternative that Public Works is suggesting is to bring water across from Fairview Avenue, which is in a higher pressure zone. The advantage is that this would provide service to other properties, would save the cost of building a tank and a hydromatic system would not provide fire flows to the upper area. He stated that if the recommendations of the memorandum are followed the improvement district would pay for half of the transmission main and basically and approximately the same amount of money in solving the problem another way and the property owners who will benefit from that transmission will pick up the other half. Public Works Director Meyer emphasized that this seems to him to be a good solution to the problem. He advised that he has discussed this with Mike Gordon and the potential new property owners (Mr. Meyer did not identify the property in his comments) and they understand the value of the water line and appear to be willing to work with him. He further advised that he has discussed this with John Hanson (Mr. Meyer did not identify the property in his comments) and that he and Councilmember Kranich will assist him in the negotiations, as well as speaking to Mr. Hanson regarding the Soundview Trail. Mr. Meyer voiced his opinion that the trail and the water line are definitely benefits to the property (Mr. Meyer did not identify the property being referenced) and increases value. He stated that as long as “we” can find a way to construct “those” without encumbering those property owners’ ability to develop the way they would like to, it seems like a win/win situation.

Councilmember Stark offered assistance with Mr. Gordon since he has known him for thirty years.

Councilmember Kranich noted that this line does provide an alternate route.

COMMITTEE REPORT

A. Road Standards Committee

B. Town Square Task Force.

Councilmember Beck reported that the Town Square Task Force met last Thursday evening at City Hall and that it feels like the project is getting a little boost or shot in the arm right now. She voiced her thought that there has been a gradual dwindling of interest, simply because this has been going on for five years and there is not a lot to show for that effort. The plan is that within the next three months the group will identify some ways the community can get re-involved in the Town Square Task Force. There will be a series of meetings where all the key players will, hopefully, come to the table and throw some ideas around and see if “we” can get his project moving again with a little fire underneath it. The Task Force will be asking the City Council for an additional $5,000.00 from the 2003 Budget, as requested by Councilmember Yourkowski, to assist with some of the concrete plans done by an architect and planners in Anchorage. She stated that there would be more information in January and February.

Mayor Cushing voiced his appreciation and noted that he participated in the meeting. He voiced his impression that there will be two fronts worked on, the overlay district for the Town Square as well as business incentives.

Councilmember Beck interjected that the business incentives are tax incentives.

C. Public Arts Committee.

PENDING BUSINESS

NEW BUSINESS

A. Memorandum 02-60, from Councilmember Stark, University of Alaska Land in Town Square.

RECOMMENDATION: Authorize the Acting City Manager to convey our interest to the University of Alaska to acquire their 4.7 acres in the Town Square.

STARK/KRANICH - MOVED FOR THE APPROVAL OF THE MEMORANDUM 02-60 RECOMMENDATIONS.

Council discussed the pros and cons and voiced concerns regarding commitment. It was noted that not all of the issues will be solved tonight; however, this does get UAA to hold off selling the property in the proposed Town Square area. There was no apparent disagreement that the 4.7 acres is an important piece of property. Priorities were discussed and one specifically noted was the Bridge Creek Watershed area and that the protection of the City’s watershed area is more important than this 4.7 acres.

The question was called for and there was no objection.

VOTE: YES: STARK

NO: KRANICH, BECK, FENSKE, LADD.

Motion failed.

Mayor Cushing called for a recess at 10:10 p.m., reconvening the meeting at 10:24 p.m.

B. Memorandum 02-61, from Councilmembers Kranich and Ladd, Re: Economic Development Advisory Commission.

RECOMMENDATIONS:

The Economic Development Advisory Commission be activated for the purpose of advising the City Council on matters of overall economic development as identified in present City Code. The Economic Development Advisory Commission is given the task of working with business and community organizations to develop short and long term impact statements on matters of community-wide development. Impact statements will include, but not be limited to: estimated city revenue, potential new jobs (full and part time), impact on established business, nature and need for type of development, overall strengthening of Homer’s economic base, etc.) Due to the importance of economic concepts/ideas, projects, and needs, the City Council recognizes the need for the Economic Development Advisory Commission to communicate awareness, encourage discussion, and seek private and public input, and

The Economic Development Advisory Commission includes a nomination submitted from the City Port and Harbor Commission, a representative from the Chamber of Commerce, include the Planning Director, and other individuals knowledgeable of economic development and community needs. Economic Development Advisory Commission nominations will be submitted to the Council for approval no later than the first City Council meeting in January 2003.

Fiscal Note: Costs for advertising and recording meetings.

LADD/KRANICH - MOVED TO APPROVE THE RECOMMENDATIONS OF MEMORANDUM 02-61.

Council extensively discussed the pros and cons of reactivating the Economic Development Advisory Commission.

There was no objection to the call for the question.

VOTE: YES: LADD, STARK, KRANICH.

NO: FENSKE, BECK.

Motion failed.

C. Memorandum 02-62, from Councilmembers Kranich and Ladd, Re: City Manager Hiring Process.

RECOMMENDATIONS:

1. Discuss and identify the selection process, who will participate in the process and approve a timeline including all process events and needs,

2. Establish a community committee for the purpose of reviewing all applications and submitting an advisory, non-binding recommendation to the City Council. (Each Council member will appoint one member to the committee, and City Staff will have one representative – total of 7 members),

3. Clarify with the Personnel Officer as to who will have access to confidential applicant information,

4. Seek and select an Acting Manager to assume manager responsibilities should the position remain vacant beyond the end of January 2003,

5. Review and if necessary, update the City Manager job description and formulate expectations and goals. Clearly define the job so it is exactly known as to what kind of manager is needed for the City,

6. Decide on a plan to evaluate and rate applications and select final interview applicants,

7. Communicate with employers, community organizations or individuals to announce position, encourage applications, and discuss the hiring process and time frames,

8. Agree on an evaluation process including interview questions and/or one or more additional assessment exercises, and

9. Establish employment terms.

KRANICH/LADD - MOVED FOR THE ADOPTION OF THE RECOMMENDATIONS OF MEMORANDUM 02-62.

Council discussed the recommendations as listed above. It was ascertained that the Council needed to meet with the Personnel Officer. Differing opinions on the procedures for the selection process were mentioned, with apparent agreement that the Council does need to work these out to a clear hiring/selection process. The importance of public involvement was emphasized; however, Council was not in agreement on what type of involvement or when that involvement should be considered. Public involvement mentioned was a citizen committee, inclusion in a selection committee, assistance with the finalist for the position, etcetera.

LADD/KRANICH - MOVED TO POSTPONE MEMORANDUM 02-62 UNTIL THE NINTH OF DECEMBER WITH A WORKSESSION ON DECEMBER 2ND TO START AT NOON. (Worksession with the Personnel Officer regarding the City Manager Selection Process.)

It was emphasized that this is a very serious process, that the worksession cannot be done in an hour and that the Council needs to be able to freely discuss and hammer out the selection/hiring process.

VOTE: (postponement) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

RESOLUTIONS

A. Consent Agenda Item E. Resolution 02-76, Of the City Council of Homer, Alaska Amending the Street and House Numbering Plan to Provide that Areas Annexed to the City after 1 January 2000 will use the Kenai Peninsula Borough Lot Numbering System. Stark. Recommend adoption.

STARK/LADD - MOVED FOR THE ADOPTION OF RESOLUTION 02-76 BY TITLE.

STARK/KRANICH - MOVED TO POSTPONE RESOLUTION 02-76 UNTIL THE FIRST MEETING IN FEBRUARY.

Councilmember Stark commented on the inconvenience, to the residents of the newly annexed area, of another address change. He relayed conversations with the appropriate borough and city people. Recently he advised that he spoke with Ed Oberts the Borough Mayor’s Assistant and Assemblymembers Martin and Moss. He stated that some of the things he heard from the Borough people were inconsistent. He voiced his opinion that it is necessary, in the mean time, that the Planning Department not go ahead and change the addresses, because his deal with the Manager in August was that the City would not do anything without this coming to the Council. He advised that he then found out that the Planning Department was moving forward on the readdressing, which is why he submitted this resolution.

VOTE: (postponement) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

COMMENTS OF THE AUDIENCE

Public Works Director Carey Meyer acknowledged the efforts of many City employees and others in the community who, over the weekend, dealt with the third flood event that we’ve had to deal with in the last few weeks. He specifically named Jim Nelson, PWD on call supervisor, who wandered this community on Friday night and Saturday morning as the rains began and called the appropriate people as damage was beginning to occur to the point where even Sunday night at 6:00 was calling in a back hoe operator to keep a driveway and road on Mattox Street from being washed out. He commended Twin Peaks Construction for their work for the State on East Road trying to keep the road open. He reported that a twelve inch water line was broken with 1,800 gallons a minute coming out and that at the time no one could tell that there was that much being added to the flood. He voiced his pleasure, relaying his surprise and applauding the quick work of exposing the water main in very difficult circumstances and conditions. He pointed out that the problem section of pipe was quickly identified, the repair quickly made, testing and flushing done, and the water was back on within twenty four hours. He gave credit to the contractor, Twin Peaks, and Public Works employees Dan Gardner, Ken Frazier and Ed Barcus. He thanked the radio stations, police dispatch, and other contractors working with DOT. He voiced his pleasure in working with crews of this caliber.

Mayor Cushing voiced support of the Public Works Director’s commendations.

The Council concurred along with recognizing the Public Works Director.

Bill Smith commented on the issue of public hearing notice with regard to the Planning Commission and that this will be back before the Council, since the Planning Commission changed their bylaws which incorporates that change to the public notice for public hearings. He advised that all of the Planning Commission work does not consist of public hearings and those that are not public hearings do not require the two week notice. He stated that public hearings are divided into two types of items some are ordinance considerations of which the Commission is only advisory to the City Council so after the Commission public hearing these are forwarded to the Council for another public hearing. The only other items that would have truncated public hearing would be subdivisions and conditional uses. Mr. Smith noted that with these two, subdivisions and conditional uses, letters have to be sent to all the affected property owners. He emphasized that the Commission is really trying hard to streamline their operation at the same time that they reach out to people. He voiced his hope that when this comes back before the Council they will give it a little deeper consideration to the total affect of what is going on before making a decision.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans was not present.

COMMENTS OF THE CITY CLERK

City Clerk Calhoun wished all a great Thanksgiving.

COMMENTS OF THE CITY MANAGER

Acting City Manager Robl suggested that the Council use Larry Kuhns to conduct the background checks on the City Manager finalists and that if the Council finds they need to hire an interim manager that they hire someone who lives here who has already served in this capacity such as Val Koeberlein, Dennis Oakland or Robert Purcell.

COMMENTS OF THE MAYOR

Mayor Cushing voiced appreciation for all the good work and agreement that there should be an independent investigator to do the Manager background checks. He clarified a statement that he made regarding a sewer line to Kachemak City, that there probably would not be any issue and voiced support of the existing contract, adding that he did not want to prejudice anything with regard to this new line. He reported representing the Council at a couple of different events and will bring the Council up to speed at a different meeting due to the lateness of the hour.

COMMENTS OF THE CITY COUNCIL

Councilmember Fenske, asking to be corrected if he is wrong, commenting that the Council had received earlier today in the mail boxes a letter from Mr. Hueper in reference to the Ocean Drive Loop Seawall LID and that Mr. Hueper had a couple of questions and then Mr. McNamara had expressed some concern tonight under Public Comments . Mr. Fenske advised that he had asked the City Manager about that and he said that perhaps the Public Works Director would have an answer for those questions.

Public Works Director Meyer advised that they did get a little bit behind in efforts to coordinate with the property owners on what was happening with the seawall. He advised that this has been a fairly complicated project from many different perspectives and that with some of the events of the last few weeks his ability to communicate and answer letters and telephone calls has been somewhat restricted. He informed the Council that very quickly there will be a meeting of one of many that Public Works has had with the property owners to bring them up to speed on what is happening on the seawall. He answered the two questions asked by Mr. Hueper:

1. The Council has given the authority, Ordinance 02-50, to react to the recent flooding damage to repair the wall and solve the problem that created the damage in the first place, which is the ability of an awful lot of water all at one time to go over that bluff in a concentrated manner. (Ocean Drive Loop Bluff and Erosion Control Project.) Within the next few weeks the wall will be put back to the way it was prior to the flood event.

a. There is confidence that the cost of the repair will be reimbursed as part of the other flood damage that has occurred over the last few weeks and not a cost that will have to be born by the property owners or the City.

2. The City Council had several conditions for approving this project and one of them was for insurance on the wall for the length of its life span.

a. There is money in the project budget to do that. Of course it is hard to get an insurance policy on a wall that is not completed. Good or bad, right or wrong, the City did not have an insurance policy for the work as it progressed. It is not a normal thing for the City to insure a project that is in construction. If the City had an insurance policy this project would not be eligible for the state disaster for funding, so there is a plus in not having had the insurance policy.

The Public Works Director advised the Council that he would be communicating the answers to these questions at a public meeting that will be advertised and the entire community will be invited. He reiterated that this has been a very complicated project and that not all has gone as planned. Mr. Meyer noted that it was felt that there was a potential design deficiency when it was recognized that abrasion was taking place on the beach wall interface. He reported that it is believed there is a solution to the problem with the timber face installed on the entire face of the wall to protect it from any further “erosion”. He informed the Council that there are some planned discussions for early in December with the engineer to ensure that the City and the property owners remain “poll” in this. The contractor has errors and omissions in professional liability insurance that, should it be needed, will be brought to bear. Mr. Meyers advised the Council that the engineer recognizes that he may have some responsibilities here and that “we” will be working with the property owners and all the people who have been involved in this project to make sure that the limited budget that had been established for this project is used wisely and that the property owners have something that they can deal with off into the future.

Councilmember Stark commented about the Acting City Manager’s comments and wondered if Rick Leland had applied or if he was going to be considered for the Interim Manager, interjecting that he supposed not. He advised that he would be attending the Kenai Peninsula Economic Development District meetings Friday and Saturday the 6th and 7th.

Mayor Cushing said that he would be speaking at the Friday meeting.

Councilmember Ladd thanked the Homer Hockey Association (HHA) for coming to the Committee of the Whole from about 4 to 5 p.m. and for making a wonderful presentation. He voiced his impression that the Council is supportive of drafting, through the Mayor, some kind of a letter showing our intent in support of the organization. He stated that the looks, maybe, to the administration to work with the HHA to address the issues of ownership of land, subsequent operational responsibilities and use of a facility here. He noted that there is a lot of work that has to be done and the HHA has a wonderful project that reaches out to many youngsters. He noted that HHA started with 70 children in 1993, increased in the late ‘90s to 175 children in the program, and that the participating number of children has now diminished back to 70, due mostly to the fact that HHA has to travel long distances to find some ice. He stated that he looks forward to working with everyone here on the 2nd to try to answer those nine questions, referring to Memorandum 02-62.

Councilmember Kranich noted that this has been a long day of meetings, there was a lot of good information presented to the Council by the HHA and Carol Swartz and Gary Turner from UAA. He noted that a lot of items were floated to the top that definitely need to be considered and weighed by the Council. He voiced his opinion that, although, the Council postponed a lot of business they handled a lot of business. He entered notice of his request for reconsideration of Ordinance 02-44.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 11:53 p.m. The next Regular Meeting is scheduled for December 9, 2002 at 7:30 p.m. The Committee of the Whole is scheduled to meet at 4:00 p.m. on December 9, 2002. A worksession with the Personnel Officer is scheduled for December 2nd at noon followed by a budget worksession at 4 p.m. These meetings will be held in the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer,Alaska.