Session 01-19, a Regular Meeting of the Homer City Council was called to order at 7:30 p.m. by Mayor Cushing at the Homer City Hall Council Chambers located at 491 E Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

The Council's Committee of the Whole was held from 4:05 p.m. to 4:50 p.m. The Regular Meeting Agenda and the City survey question development were the agenda items.

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

STAFF: CITY MANAGER DRATHMAN

CITY CLERK CALHOUN

ACCT. SUPERVISOR MACK

CITY PLANNER TUCKER

PUBLIC WORKS DIRECTOR MEYER

ABSENT: COUNCILMEMBERS: CUE ( 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 substitute election certificate for the Canvass Board Report and to attach to Resolution 01-75.

KRANICH/MARQUARDT - MOVED TO PLACE MEMORANDUM 01-56 ON THE NEXT AGENDA. (October 22, 2001).

VOTE: NO OBJECTIONS.

Motion carried.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Bob Shavelson and eight skateboarders from the Homer Skateboard Association voiced their support of Memorandum 01-57 to locate the Skateboard Park at the old middle school. Mr. Shavelson noted that this is a step closer to this becoming a reality.

Eric Szymoniak stated that he wanted the Council to know that all of the skateboarders support the Skateboard Park being located at the Boys and Girls Club.

Adrian Raymond stated that he wants a Skateboard Park and advised that he got kicked out of places twice today. He said that it is very discouraging and that he likes the Boys and Girls Club location and asked that the Skateboard Park become a reality as soon as possible.

A young man, who did not give his name or sign in, thanked the Council.

Bob Shavleson voiced appreciation and thanks to the City Manager for all of his time and effort in making the Skateboard Park come closer to reality.

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 September 24, 2001. Recommend approval.

B. Ordinance 01-50, Of the City Council of Homer, Alaska Appropriating $3,250.00 from the Homer Police Department Jail Account for the Purchase of a Prisoner Transport Van. City Manager. Fiscal Note: Expenditure from Account No. 100.5209.164. Recommend adoption for introduction, schedule public hearing and second reading for October 22, 2001.

Memoranda from City Manager and Chief of Police as backup.

C. Resolution 01-74, Of the City Council of Homer, Alaska Supporting the South Peninsula Women's Services Application for a Department of Community and Economic Development, Emergency Shelter Grant for FFY 2001 in the Amount of $22,600.00 and Authorizing the City Manager to Execute the Certificate of Compliance and any other Appropriate Documents. City Manager. Recommend adoption.

D. Memorandum 01-55, from City Clerk, Re: Liquor License Transfer from the Homer General Store on the Spit to Eagle Liquor, Safeway Inc. Recommend approval and non objection.

E. Memorandum 01-56, from City Manager, Re: Gates Construction Lease Renewal, modification and Second Amendment to Preferential Use Agreement. Fiscal Note: Revenue: $0.55 per square foot for lots 4-11. Recommend approval. PULLED OFF THE AGENDA.

F. Memorandum 01-57, from City Manager, Re: Skateboard Park Site Location. Recommend approval.

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

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

Motion carried.

VISITORS

ANNOUNCEMENTS/ PRESENTATIONS/ BOROUGH REPORT/ COMMISSION REPORTS

A. CANVASS BOARD REPORT, Rose Faust.

Rose Faust, Canvass Board, read the following election certificate into the record:

We, the Election Canvass Board, duly appointed, of the City of Homer, Alaska hereby certify that the validated absentee and validated questioned ballots were opened, counted, and recorded at a legally authorized and convened meeting of the City of Homer Canvass Board, held October 8, 2001 and that the results of that count are hereon entered with the certified results of the votes counted for the precinct polling places via Accu-Vote Ballot Tabulation System and that the total results are recorded hereon.

RACE PRECINCT 1 PRECINCT 2 PRECINCT 3 ABSENTEE AND QUESTIONED TOTAL VOTES RECEIVED PERCENTAGE

Councilmember - 2

Three year term
285 voters 349 voters 302 voters 107 1043___ voters

990.5 votes cast
31.3% ___ voter turnout

Yourkowski, Michael 160 174 134 58 526 53.1%

Fenske, John 161 169 125 60 515 52%

Hogan, Kevin 87 128 92 28 335 33.8%

Cesarini, Julie 25 38 49 9 121 12.2%

Keys, Robert E. 61 86 86 26 259 26.1%

Cousins, Bob 50 73 75 17 215 21.7%

Write Ins 3 2 4 1 10 .1%

We further certify that there were 936 Regular voters 87 Absentee voters and _13__ Questioned voters for a total of 1043 voters that voted in this election. Percentage of voter turn out is 31.3%. Total registered voters for the City of Homer are 3,332.

Canvass Board: Krystal Quinn, Rose Faust, Mary Thompson, Deena Benson and Mary L. Calhoun.

Kenai Peninsula Borough Assembly President Navarre gave a brief assembly report primarily on the Ordinance regarding the composition of the Borough Planning Commission.

PUBLIC HEARING(S)

A. Ordinance 01-47, Of the City Council of Homer, Alaska, Authorizing the Appropriation of Funds from the Port/Harbor Reserve Funds for Repairs to the Steel Grid in the Amount of $18,000.00. City Manager. Fiscal Note: Expenditure from Account No. 415.378. (First Reading 09/24/01, Public Hearing 10/08/01, Second reading directly after public testimony.)

There was no public testimony.

FENSKE/YOURKOWSKI - MOVED FOR THE ADOPTION OF ORDINANCE 01-47 FOR SECOND AND FINAL READING BY READING OF TITLE AS READ.

There was no discussion.

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

Motion carried.

B. Ordinance 01-48, Of the City Council of Homer, Alaska, Accepting and Appropriating a Volunteer Fire Assistance Grant/Rural Community Fire Protection Grant, Under Public Law 95-313, from the State Department of Natural Resources in the Amount of $5,000.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue and Expenditure Account No. 151.736. (First Reading 09/24/01, Public Hearing 10/08/01, Second reading directly after public testimony.)

There was no public testimony.

FENSKE/KRANICH - MOVED FOR THE ADOPTION FOR SECOND AND FINAL READING OF ORDINANCE 01-48 BY READING OF TITLE ONLY AS READ.

There was no discussion.

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

Motion carried.

C. Ordinance 01-49, Of the City Council of Homer, Alaska, Appropriating $7,500.00 from the Homer Police Department Fleet Reserve for the Purchase of Three Used Vehicles. City Manager. Fiscal Note: Expenditure Account No. 152-5902-382. (First Reading 09/24/01, Public Hearing 10/08/01, Second reading directly after public testimony.)

There was no public testimony.

FENSKE/LADD - MOVED FOR THE ADOPTION OF ORDINANCE 01-49 BY READING OF TITLE AS JUST READ.

There was no discussion.

LADD/FENSKE - MOVED TO AMEND ORDINANCE 01-49 TO AMEND WITH THIS WORDING PLEASE: TO AMEND THE $7,500 TO ADD $4,000 FOR SHIPPING FEES FOR A TOTAL OF $11,500.

VOTE:(primary amendment) NO OBJECTIONS.

Motion carried.

There was no discussion.

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

Motion carried.

ORDINANCE(S)

A. Ordinance 01-45, Of the City Council Amending Section 21.45.020 of the Homer Zoning code to Repeal "Professional Offices" as a Permitted Use in the Urban Residential Zone. City Manager. (First Reading 09/10/01, Public Hearing 09/24/01, Second Reading 10/08/01.)

KRANICH/FENSKE - MOVED FOR THE ADOPTION OF ORDINANCE 01-45 FOR SECOND AND FINAL READING BY READING OF TITLE.

Council commented on a letter they had received from Community Mental Health wherein a substantial issue is cited; however, Council never clearly reported what was contained in the letter. Council noted that Community Mental Health is an entity that contributes significantly to the community. It was stated that the property the Community Mental Health occupies will be grandfathered in and that their concerns regarding facility expansion really calls for a zoning change. Ordinance 01-45 is dealing with taking out this uncontrolled use in a residential area.

Mayor Cushing stated that he had asked the City Clerk today to gave Community Mental Health a call and make sure that they understood what grandfathering is all about, which is what they will gain for all of their existing buildings. He commented that, in case Community Mental Health is considering another lot in that immediate complex, the Planning Commission had reported that this would be one of the areas that they would love to change to Office Residential. He noted that rezoning to Office Residential would provide for the Community Mental Health offices to be an allowed use. Mayor Cushing voiced his hope that the Community Mental Health would get brought up to speed through the Clerk's Office, however, the Clerk can work this out so that the City Planner calls Community Mental Health.

Council briefly commented on the current work being done by the Planning Commission on Office Residential.

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

Motion carried.

CITY MANAGER'S REPORT

A. City Manager's Report (Ice/Crane Time)

B. Game Report from City Clerk

It was noted that four proposals had been received for the ODL Bluff Erosion Control project and that Public Works is evaluating these for a recommendation to the City Council at the October 22nd meeting.

COMMITTEE REPORT

Councilmember Marquardt commented about the Parking Task Force and that he will report back to the Council as soon as they have their first meeting. He advised that he and the City Planner will Co-Chair this Task Force and that several members of the community are wanting to participate.

PENDING BUSINESS

NEW BUSINESS

RESOLUTIONS

A. Resolution 01- 75, Of the City Council of the City of Homer, Alaska Certifying the Results of the City of Homer General Municipal Election held October 2, 2001 to Elect Two Councilmembers. City Clerk.

Certificate attached.

KRANICH/LADD - MOVED FOR THE ADOPTION OF RESOLUTION 01-75 BY READING OF TITLE ONLY.

Councilmember Yourkowski thanked those who voted, noting that the turn out was over 30%.

VOTE: YES: 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 thanked all of the election workers for their work, Pauline Benson for stepping in at the last minute to Chair Homer No. 2 polling place, and special thanks and appreciation to Deputy City Clerk Deena Benson and Clerk Assistant Charlene Flyum. She emphasized that this was a good clean election that went very smooth and very well. She reported that the canvassing today was just over two hours and went very well also. She congratulated Councilmembers Yourkowski and Fenske. City Clerk Calhoun advised that she had not received the Mayor's request today regarding contacting Community Mental Health on the zoning matter, because of the election cavassing and etcetera. She noted that the Mayor's comments tonight were the first she had heard of this request.

Mayor Cushing responded that he gave this to the Clerk at about 4:00 p.m this afternoon.

COMMENTS OF THE CITY MANAGER

City Manager Drathman thanked the City Clerk for her work on the Election, that she is where the buck stops and that this was a great election.

COMMENTS OF THE MAYOR

Mayor Cushing thanked all of those that the City Clerk had just thanked, the voters and the candidates. He reiterated the election percentage of turnout and that the public has spoken, specifically regarding the City Manager. He voice his desire to see the election results at 35% to 40% routinely. He pointed out that those candidates who have commented about getting rid of the City Manager and folks in the administration have not been elected the past two years. He noted the vote of confidence.

COMMENTS OF THE CITY COUNCIL

Councilmembers Fenske noted the voter turnout and that "they" had called people to encourage them to get out and vote. He thanked the Clerk for taking care of the election, noting that it did go smoothly.

Councilmember Kranich also thanked those who voted, adding that elections are a vital part of our system of government, which has been recently and dramatically challenged. He stated that the nation is standing together and that the people are taking their part in their government through voting. He emphasized that voting is a very vital message to send from the grass roots all the way up and through the nation.

Councilmember Ladd thanked the City Manager for all of his work on the Skateboard Park and for actively searching for an appropriate location. He advised that the parents are appreciative of this more visible site and the Boys and Girls Club does have the necessary facility. Mr. Ladd voiced his opinion that this does respect the covenants of Ben Walters Park, by moving the location of the proposed Skateboard Park. He stamped what Councilmember Kranich stated, that our Country is being pushed to the limits and that he believes everyone is supporting President Bush and how he is handling this. Mr. Ladd wished the country well.

Councilmember Marquardt echoed the rest of the Council's very well put comments. He voiced his opinion that Councilmember Yourkowksi and Fenske being reelected will facilitate them continuing to work on those issues that are important to them; Mr. Fenske's concerns regarding water and sewer and Mr. Yourkowski's concerns regarding zoning issues. He stated that he is looking forward to working with them again.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 8:25 p.m. The next regular meeting is scheduled for Monday, October 22, 2001 at 7:30 p.m. in the Homer City Hall Council Chambers. The Committee of the Whole meeting is canceled and a budget worksession will be held at 6 p.m. on Monday, October 22, 2001. A budget worksession is scheduled for Monday, October 15, 2001 at 6 p.m. followed by a Special Meeting at 7:30 p.m. to Administer the Oath of Office to the Newly Elected Officials.

_____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

APPROVED: ________________________

Councilmember - 2 Three year term	285 voters	349 voters	302 voters	107	1043___ voters 990.5 votes cast	31.3% ___ voter turnout
Yourkowski, Michael	160	174	134	58	526	53.1%
Fenske, John	161	169	125	60	515	52%
Hogan, Kevin	87	128	92	28	335	33.8%
Cesarini, Julie	25	38	49	9	121	12.2%
Keys, Robert E.	61	86	86	26	259	26.1%
Cousins, Bob	50	73	75	17	215	21.7%
Write Ins	3	2	4	1	10	.1%