HOMER CITY COUNCIL

Session 02-21, a Regular Meeting of the Homer City Council was called to order at 7:37 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 4:05 p.m. to 6:00 p.m., agenda items were the Lease Policy, Community Survey and the regular meeting agenda items.

A Special Meeting was held just prior to the Regular Meeting to Administer the Oath of Office to the Newly Elected Councilmembers, Beck and Stark, and to the Reelected Incumbents, Mayor Cushing and Councilmembers Kranich, Ladd and Yourkowski. This meeting was called to order at 7:30 p.m. and adjourned at 7:37 p.m.

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

STAFF: CITY MANAGER DRATHMAN

CITY CLERK CALHOUN

PUBLIC WORKS DIRECTOR MEYER

AGENDA APPROVAL

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

Approved by consensus of the Council with the addition of Memorandum 02-53 to the Consent Agenda as Item. G. and Correction to the title of Memorandum 02-52, on the agenda only, the Memorandum subject line is correct. The title should read: Review and Finalization of the City Manager Evaluation Process. (Now reads: Review and Finalization of the City Manager Evaluation Form.)

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

There were no public comments.

RECONSIDERATION

CONSENT AGENDA

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

A. Homer City Council unapproved meeting minutes of September 23 and October 7, 2002. Recommend approval.

B. Ordinance 02-40, Of the City Council of Homer, Alaska Appropriating $35,000.00 from the Public Works Fleet Reserve Fund for the Purchase One 12G Caterpillar Motor Grader from Larry Herndon and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Appropriated from the Public Works Fleet Reserve to Acct. 152.4902.383. Recommend introduction and setting the public hearing and second reading for October 28, 2002.

Memorandum from Public Works as backup.

C. 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. Recommend introduction and setting the public hearing for October 28, 2002 and second reading for November 25, 2002.

D. 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. Recommend introduction and setting public hearing for October 28, 2002 and second reading for November 25, 2002.

E. 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. Recommend introduction and setting the public hearing for October 28, 2002 and second reading for November 25, 2002.

F. Memorandum 02-50, from Mayor, Re: Appointments; Lane Chesley to the Planning Commission, Margaret Ladd and Sue Mauger to the Library Advisory Board, Reappointment of Carole Hamik to the Parks and Recreation Commission. Recommend confirmation.

G. (Added under agenda approval) Memorandum 02-53, from Mayor, Re: Appointment of Cherish Bee McCallum to the Parks and Recreation Advisory Commission.

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

Councilmembers Yourkowski and Kranich thanked the newly appointed Commissioners and Boardmembers for their volunteerism. The Planning Commission and Department were thanked for their diligence and timeliness in getting the first of the newly annexed areas zoned.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

Library Advisory Boardmember Dan Coyle gave a report from the Publicity Committee of which he and Library Advisory Boardmember Ann Keffer, also present, are Co-chairs. He shared his excitement with the new library project and thanked the Mayor, Council and City Manager for their support for the Governor’s Matching Grant, an important and a very sizeable addition to the campaign. He advised that the Capital Campaign is off to a very good start with the lead donor program raising in excess of $60,000.00 in the community in the last few weeks. The campaign has just passed the one million dollar mark with the goal being $3.4/$3.5 million. In the coming weeks there will be a fund raising thermometer placed on the side of the Library that will advertise the progress. Mr. Coyle emphasized that this is an indication of the amount of support that the library has in the community. He told the Council that they are looking forward to the site selection process as that goes along. Mr. Coyle advise the new Councilmembers that he, Boardmember Keffer, Library Director and any Library Advisory Boardmember are available to answer any questions about any of the issues anytime.

PUBLIC HEARING(S)

A. Ordinance 02-39, Of the City Council of Homer, Alaska, Accepting and Appropriating a State of Alaska Department of Corrections Grant for Community Jail Improvements/Upgrades in the Amount of $6,150.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue Acct. 100.4503.030 and Expenditure Acct. 100.5903.164 (164 is corrected from 165). Substitute Ordinance is included with the corrected account number: (First Reading September 23, 2002, Public Hearing October 14, 2002 and Second Reading directly after public testimony.)

There was no public testimony.

FENSKE/KRANICH - MOVED FOR THE ADOPTION OF ORDINANCE 02-39 BY READING OF TITLE.

There was no discussion.

FENSKE/KRANICH - MOVED TO AMEND TO SUBSTITUTE ORDINANCE O2-39(S).

There was no discussion.

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

Motion carried.

VOTE: (main amended motion) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

ORDINANCE(S)

CITY MANAGER’S REPORT

A. City Manager’s Report (Employee Anniversaries, Modifications to the Official Road Maintenance Map, Project Status Report.)

Employee Anniversaries: John Browning - 24 years, Elaine Grabowski - 19 years, Terry Overton 18 years, Sandy Johnson - 15 years and Maureen Moore - 1 year.

The City Manager advised that the policy recommendations regarding the Official Road Maintenance Map will be on the next agenda for Council action. He reminded the Council that the only roads added to the map are those approved by the Council.

Public Works Director Meyer advised that there will be observations made this winter for next summer’s maintenance and that the plan is to “take it one year at a time”.

City Manager Drathman reported that, as of right now, DOT plans to include the paving of Heath Street as a part of the East Road project under the Dust to Blacktop Program. He apprized the Council of the plans regarding the intersection of Heath and Pioneer, which is on the STIP list for two years from now. The reconstruction/upgrade of the Heath Street North portion may be a partnership with the Borough regarding the costs and acquiring the additional right-of-way from the school district. The State has talked about providing the engineering for the Heath Street North project to make the intersection smoother and maybe have three lanes. Part of the planning is to make Lake Street a “straight through” and move the flashing light to the Heath Street/Pioneer Avenue intersection for a four way stop or, if warranted, upgrade to a full traffic signal. He reported that DOT will be conducting another traffic study and there will be public hearings on having a traffic signal. Rex Young, DOT Planner, will be here, within the next few weeks, when DOT holds their annual public forum regarding local DOT projects.

Discussion ensued.

City Manager Drathman responded to Council inquiry that they are negotiating with HEA regarding Waddell Way. He pointed out that the north/south portion has a sixty foot right-of-way and then becomes a thirty foot right of way. He voiced his confidence that something can be worked out with HEA fairly quickly.

Public Works Director Meyer reported on the Ocean Drive Loop Bluff Erosion Control project. He advised that a problem has been identified and addressed with a spruce wear panel to retard the abrasive wearing of the sand. The plan is for the supplier to pay for the materials and installation of this wear panel that will extend the full 90 panel sections of sea wall. The property owners are responsible for maintenance of the sea wall and will be given a check list for annual maintenance items.

City Manager Drathman interjected that there has never been any scientific studies concerning the migration of the materials going down the Spit, adding that everybody has empirical evidence and everybody can share a tale or two. He emphasized that there has not been any exact science in this and because of this the US Coast and Geodetic Survey is going to have people in town for two days this week and they are looking about putting up a three camera array on a triangular shaped pole installation to take a photograph out of each camera each half hour for at least one year. This three camera array may be placed on Dr. Paul Eneboe’s property. The real value of this is during the high tide scenario after three to five years it will be known what happens on every day as far as materials deposition. Once the data is gathered, ways to save the Spit may be identified. He noted that the only reason this is happening is because of the Ocean Drive Loop Bluff Erosion Control Project.

Mayor Cushing advised that the NERR is also participating in the project and their resources will be used.

Appreciation was expressed to the Public Works Director and the entire Public Works Department crews for all the hours they put in on these many projects.

City Manager Drathman responded to Council inquiry regarding budgeting for signage for the skateboard park; that they are in the process of ordering equipment, adding that the signage is equipment specific. The equipment cost is about $61,000.00 and there is about $4,000.00 to $5,000.00 less than that. He will be coming back to Council next meeting and, unless there is objection, plans to go a ahead and order the equipment. He advised that the skateboarders are absolutely confident that they can raise the money for the match.

Councilmember Fenske voiced concern about the significant amount of “mudding” by some of the young drivers at the Green Timbers area on the Spit. He suggested that some of these areas be blocked.

Mayor Cushing interjected that the terminology he heard used about that beach traffic was “trashing”.

City Manager Drathman briefly commented on the Parking Task Force Report by Planning Director Tucker, which he had handed out to the Council. He stated that Planning Director Tucker is formalizing the recommendations to be circulated around the Task Force for comments, then he and the Planning Director will rework this and get it to the Council for approval.

Mayor Cushing commended Public Works Director Meyer for his work, specifically noting the Ocean Drive Loop Bluff Erosion Control Project. He relayed the history of this project and the City’s assistance to the property owners.

B. Records Report.(HPD destroyed reports from 1976-1983)

C. Games Permit. (Pull Tab Vendor Registration for the Kachemak Swim Club and Homer Senior Citizens Permit Renewal for 2003.)

COMMITTEE REPORT

A. Road Standards Committee

B. Town Square Working Group

C. Beach Policy Task Force, Meeting Synopsis of September 11 and 25, 2002. Annual Summary and Assessment.

D. Parking Task Force, Presentation by Planning Director Tucker, report added.

Mayor Cushing advised that the Beach Policy recommendations are being addressed. Regarding former Councilmember Cue remaining on the Beach Policy Task Force, he will check to see if she held the designated Councilmember seat. He suggested that she could remain on the Task Force as a member of the general public.

Council commended former Councilmember Cue for her work on the Beach Policy Task Force.

Councilmember Yourkowski queried the Mayor regarding the Public Arts Commission, appointments thereof and getting this body established.

Mayor Cushing responded that he would be happy to assist Councilmember Yourkowski with coming up with names for the Public Arts Committee.

PENDING BUSINESS

Mayor Cushing called for a recess at 8:32 p.m., reconvening the meeting at 8:42 p.m.

NEW BUSINESS

A. Memorandum 02-51, from City Clerk, Re: Selection of Mayor Pro Tem, requested by Councilmember Kranich.

Recommendation: ______________ is appointed as Mayor Pro Tempore for the City of Homer for 2002/03.

FENSKE/KRANICH - MOVED TO INTRODUCTION OF MEMORANDUM 02-51 BY READING OF TITLE.

Councilmember Fenske/Beck nominated Councilmember Yourkowski. There were no other nominations.

Nominations were closed.

FENSKE/LADD - MOVED TO AMEND TO ADD MIKE YOURKOWSKI’S NAME AS IN THE BLANK IN THE RECOMMENDATION OF MEMORANDUM 0-2-51, AS MAYOR PRO TEM.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Councilmember Yourkowski was selected as the Mayor Pro Tempore for 2002/2003.

Mayor Cushing called for a recess at 8:51 p.m. to change the seating arrangement of the Councilmembers at the Council table, he reconvened the meeting at 8:54 p.m.

Seating arrangement from left to right: City Manager, Councilmembers Ladd, Fenske, Yourkowski, Mayor Cushing, Councilmembers Beck, Stark and Kranich.

B. Memorandum 02-52, from Councilmembers Ladd and Kranich, Re: Review and Finalization of Manager Evaluation ~~Form~~ Process.

RECOMMENDATION: 1. That the Homer City Council review and finalize the process to be used to evaluate the City Manager’s annual performance at the October 14, 2002 Regular Council meeting. 2. That the Homer City Council set a date in which to meet and complete the City Manager’s annual evaluation.

FENSKE/LADD - MOVED FOR THE INTRODUCTION OF THE RECOMMENDATIONS OF MEMORANDUM 02-52.

FENSKE/YOURKOWSKI - MOVED TO AMEND TO SET NEXT MONDAY, OCTOBER 21, 2002, AS A SPECIAL MEETING TO ADDRESS THE CITY MANAGER’S EVALUATION.

Council discussed the review of the process and that the Monday, October 21, 2002 Special Meeting at 7:30 p.m. would include an Executive Session.

The evaluation forms were discussed. There were comments about shredding written comments.

Councilmember Kranich relayed that he had discussed with the City Manager a question regarding the Manager having a personnel file and that the City Manager was going to ask the City Attorney regarding this matter. He asked the City Manager if he had heard anything back

City Manager Drathman advised that Councilmembers Fenske and Yourkowski had asked him to come up with some sort of format and that what appears on pages 278 and 279 is a synopsis of how “they are doing it” here on the Kenai Peninsula. He informed the Council that he knows all the Managers and called them to find out how and what “they are doing”. He stated that he tried to come up with the best things that they were all recommending, not necessarily what they are all using. He noted that “this” barrows heavily on Soldotna and what Soldotna does, on page 278. Page 279 is on the Mayor and Council team. City Manager Drathman noted that everyone uses different evaluation techniques and so the suggestion is to go into these broader areas. He emphasized that the team evaluation was not his idea. He agreed that the evaluation should be in executive session to provide for a frank discussion. City Manager Drathman commented on page 277 of the packet question 11. The Manager’s compensation adjustment should be discussed at the annual meeting, and the underlined comment, “The Manager is your only employee.E sH

“ He stated that this is a fact that he is the only employee that the Council can hire and fire and that if the Council wants to sit for two hours and lambaste him for something and then chuck him out the door then they should be able to do that. There should be a free exchange of ideas, which, he emphasized, will only happen in executive session. He voiced agreement with having a record of the evaluation process that would be in the personnel file, because the Council does need to protect themselves. City Manager Drathman reported that, preliminarily, the City Attorney did not have any problems with the personnel file for the reasons stated, and, according to the City Manager, the City Attorney indicated that he wanted to follow up and make sure that there was nothing unique in the City Code. He encouraged the Council to use the Manager/Council team sheet in the executive session as a guide to having a very frank, two way discussion in that the Council is not going to be successful unless he is successful and visa versa. He concluded that he would get a very specific answer from the Attorney for the Council regarding the personnel file.

Mayor Cushing called for a recess at 9:27 p.m. to provide for copying of an additional evaluation form, used to evaluate the School Administrators, provided by Councilmember Ladd, for Council consideration. He reconvened the meeting at 9:29 p.m.

Council voiced a desire to use the questions on the previous Manager Evaluation Form for the specificity with the deletion of the section on Department/Service and Goals, and to use questions on pages 278 and 279 of the packet. The Council noted that the evaluation form is a tool and a guide to assist them in evaluating the City Manager. The following scoring was preferred by the Council: Meets or Exceeds Standards, Suggestion for Growth, and Needs Improvement. The intent is to have a less subjective and more objective evaluation. An evaluation summary or written comments are very important such as on areas of strength, suggestions for growth, and a plan for improvement.

Council agreed that the reason for an executive session is for the Council to be able to have an open and frank discussion with their employee, the City Manager.

The City Manager will put together the evaluation questions on pages 278 and the old form without the department service and goals page, with the preferred scoring and as the last part, page 279, team evaluation without the scoring. He stated that he would have this new form to the Council by, at the least, early Wednesday. He added that he would have something back from the City Attorney by then as well.

Apparent redundancy of questions between the two forms was discussed. Mayor Cushing asked that the Council mark the questions that appear to be redundant and go ahead and use the evaluation. There was comment that in doing this the evaluation form will be better for next year.

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

Motion carried.

There was a call for question, with non objection.

VOTE: (main amended motion) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

RESOLUTIONS

A. Resolution 02-69, Of the City Council of Homer, Alaska Directing the City Manager to Contract Services with National Research Center, Inc. to Conduct the Community Survey. Ladd. Kranich.

KRANICH/LADD - MADE A MOTION THAT WE ADOPT RESOLUTION 02-69 BY READING OF TITLE.

There was a brief discussion. Hope was voiced that the survey would be out to the community and the information back by the latter part of November to utilize in the budget process.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

City Manager Drathman asked if the Council wanted to make a change in the budget schedule, since it was approved by the Council through Memorandum. The change needed is that the budget document will be delayed one week and the tentative scheduling of a possible November 4th Budget Worksession. The Manager stated that he would be satisfied with a consensus of the Council.

Mayor Cushing suggested that Council’s approval be stated in their following comments.

COMMENTS OF THE AUDIENCE

There were no audience comments.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans was not present.

COMMENTS OF THE CITY CLERK

City Clerk Calhoun had no comment.

COMMENTS OF THE CITY MANAGER

City Manager Drathman welcomed Councilmembers Beck and Stark.

COMMENTS OF THE MAYOR

Mayor Cushing welcomed the new Councilmembers and stated that he looks forward to doing business together this year. He commented about Council being a team. He stated that he has no personal qualms if he does not see the budget until a week from the scheduled date.

COMMENTS OF THE CITY COUNCIL

Councilmember Fenske asked if there will be a worksession with the special meeting with the Planning Commission regarding Ordinances 02-42 and 02-43, particularly Ordinance 02-43.

Council agreed to conduct this as the first discussion agenda item for the first hour on the Committee of the Whole at 4 p.m. for October 28, 2002. Planning Commission Chair Smith was present and stated that he would be able to be at the October 28th Committee of the Whole meeting and will get the word out. The Planning Director and Commission were invited as well.

Councilmember Fenske stated that he has no problem with the budget delay and welcomed Councilmembers Beck and Stark to the gang of seven.

City Manager Drathman asked if there were any objections to conducting the budget worksession on the 4th.

Mayor Cushing stated that if the Council deems it necessary they may conduct this meeting, pointing out that the Council has a very full schedule and unless they find a need for this additional worksession on the 28th, there will not be one on the 4th.

Councilmember Stark inquired if the Council had considered starting meetings at 7:00 p.m. instead of 7:30 p.m.

Mayor Cushing responded that it does get discussed, however, there are good reasons for beginning at 7:30 p.m.

Councilmember Fenske elucidated the Committee of the Whole process and worksessions and the like and that beginning the Regular Meetings at 7:30 p.m. does allow for a dinner break, et cetera.

Councilmember Kranich welcomed Councilmembers Beck and Stark to the Council, that he looks forward to this next year and that he believes it will be a productive year. He voiced his opinion that the Council is still diverse and still has common goals to achieve.

Councilmember Ladd welcomed Councilmembers Beck and Stark and congratulated Councilmember Yourkowski on being Mayor Pro Tempore for the year and that he looks forward to him being here in July. He stated that he has no problem with the budget calendar and that if they have to meet on that extra Monday, he will be happy to do so. He stated that it is wonderful that the City has employees, such as John Browning, that have worked for 24 years, Elaine Grabowski with 19 years, Terry Overton with 18 years, and Sandy Johnson with 15 years. He noted that this is really remarkable and shows that people are sticking around, therefore, the City is gleaning from all of that experience. He asked if the Lease Policy Manual could be on the next Committee of the Whole agenda.

City Manager Drathman stated that the Lease Policy Revisions would be in the form of a Resolution on the Council’s agenda.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 9:59 p.m. The next Regular Meeting is scheduled for October 28, 2002 at 7:30 p.m. The Committee of the Whole is scheduled to meet at 4:00 p.m. and a Budget Worksession is scheduled for 6 p.m. on October 28, 2002. These meetings will be held in the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.