Session 99-18, a Regular Meeting of the Homer City Council was called to order at 7:33 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.

PRESENT: COUNCILMEMBERS: FENSKE, MARQUARDT, PARKS, MATTHEWS, WELLES, YOURKOWSKI .

STAFF: CITY MANAGER DRATHMAN

CITY CLERK CALHOUN

PORT DIRECTOR/HARBORMASTER ABBOTT

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.)

The agenda was approved by consensus of the Council with the following changes. Substitutions: Page one of the agenda, change in Resolution 99-76 Title and Substitute Item H. of the Consent Agenda Memorandum 99-203(S) and Substitute Election Certificate to attach to Resolution 99-92, Substitute Resolution 99-93(S). Additions: Resolution 99-95 to the Consent Agenda as Item L. Resolution 99-96 to Resolutions Item C. and addition to the City Manager's Report.

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 regular meeting unapproved minutes of September 27, 1999. Recommend approval.

B. RESOLUTION 99-76, Of the City Council of Homer, Alaska Endorsing the Application for a Recreational Trails Matching Grant in the Amount of $16,646 to Build a Gravel Pedestrian/Bicycle Path on Poopdeck Street Between Hazel Avenue and Klondike and on a Donated Easement Between Klondike and Pioneer Avenues. City Manager. City of Homer Share is $2,025.00, not fund identified where the funds are coming from.

Memorandum 99-208, from Planning Director as backup. Recommend adoption.

C. RESOLUTION 99-77, Of the City Council of Homer, Alaska Reaffirming the Endorsement of the Homer Trails Committee Application for a Recreational Trails Matching Grant in the Amount of $30,000 for Trails Equipment and the City's Commitment to Maintain Trails and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Recommend adoption. Match from the City is in the form of labor and other maintenance materials.

D. Memorandum 99-200, from City Clerk, Re: Request to conduct Special Meeting on Tuesday, October 19th for the administration of the Oath of Office to elected officials. Recommend approval.

E. RESOLUTION 99-89, Of the City Council of Homer, Alaska Authorizing the City Manager to Purchase the Generators Described in Purchase Order 50446, from Chill Out Parts & Equipment in the Amount of $5,894. Public Works. City Manager.½ from Acct. 200.5909.400 and ½ from Acct. 300.5909.500

Memorandum 99-201, from Public Works Director as Backup. Recommend Adoption.

F. RESOLUTION 99-90, Of the City Council of Homer, Alaska Authorizing the City Manager to Purchase the Filter Media for the Water Treatment Plant Described in Purchase Order 50433, from Loprest Water Treatment Company in the Amount of $9,680. Account 215378-5210.

Memorandum 99-201, from Public Works Director as Backup. (Same memo as for Item E.) Recommend Adoption.

G. Memorandum 99-202, from City Clerk, Re: Travel Authorization for Mayor, Council and Staff to AML Annual Government Conference to be held at the Soldotna Sports Center. Recommend approval.

H. Substitute approved under agenda approval: Memorandum 99-203(S), from Mayor, Re: Appointment of Toni Jabas, High School Student to the Parks & Recreation Commission, Appointment of R.J. Langman to the Parks & Recreation Commission and Appointment of Reuben Sherwood to the Economic Development Commission. Recommend Confirmation.

I. Memorandum 99-204, from Mayor, Re: Travel Authorization for Sister City Travel. Recommend approval.

J. RESOLUTION 99-91, Of the Homer City Council Accepting the Municipal Capital Project Grant for the Repair of Harbor Ramps 4, 5 and 7 and Authorizing the City Manager to Sign the Grant Agreement. City Manager $9,6623 from the Port Fund. $7,500 from Acct. 415-5903-378

and $2,162 from Acct. 400.5209.601.

Memorandum 99- 206, from Admin. Asst. as backup. Recommend adoption.

K. RESOLUTION 99-94, Of the City Council of Homer, Alaska Amending the Camping Fees in the City Fee Schedule. City Manager.

Memorandum 99-211, from Public Works as backup. Recommend adoption.

L. Added under Agenda Approval: RESOLUTION 99-95, Of the City Council of the City of Homer, Alaska Authorizing the City Manager to Purchase the Asphalt Patching described in Purchase Orders 50398 and 50399 in the Total Amount of $13,165 to the Firm of Herndon & Thompson, Inc. City Manager. Account 200.5202.404 $4,765.00, Account 300.5202.504 $1,175.00, Account 100.5202.175 $805.00 and Account 100.5202.173 $6,420.00

Memorandum from Public Works as backup. Recommend Adoption.

MATTHEWS/WELLES - MOVED FOR APPROVAL OF THE RECOMMENDATIONS OF THE CONSENT AGENDA.

MARQUARDT/ - PULL ITEM L. AND PLACE UNDER NEW BUSINESS AS ITEM B.

VOTE: ( Items A. - K.) YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, MATTHEWS, PARKS.

Motion carried.

VISITORS

A. Canvass Board Report

Lois Irvin read the Election Certificate into the record as the Canvass Board Report.

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 11, 1999 and that the results of that count are hereon entered with the certified results of the judges of election for votes counted at the precinct polling places via Accu-Vote Ballot Tabulation System and that the total results are recorded hereon.

There were 789 Regular voters, We further certify that 865 voters voted in this election. There were 70 absentee voters and 6 questioned voters. Percentage of voter turn out - prior to canvassing is 25.9%.

Total registered voters for the City of Homer are 3,327.

IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of October, 1999.

Canvass Board members: Lois Irvin, Rose Faust and Mary Thompson

Councilmember Parks thanked Ms. Irvin for all the work.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. Mayoral Proclamation - Re: KBBI Broadcasting. Public Radio Membership Week - October 16-22, 1999.

PUBLIC HEARINGS.

ORDINANCE(S)

A. ORDINANCE 99-18, Of the Homer City Council Amending Homer City Code Chapter 19.08, Campgrounds, to Include a Definition for Camping Season in Section 19.08.020, Definitions, and a Prohibition in Section 19.08.030, Parking or Camping Prohibited--Enforcement. City Manager. (First Reading 10/11/99, Public Hearing 10/25/99, Second Reading 11/8/99.)

WELLES/FENSKE - MOVED TO ADOPT ORDINANCE 99-18 BY READING OF TITLE.

Councilmember Fenske suggested that City Manager Drathman consider a specified area for winter camping, should the need arise. An area down toward some of the restroom facilities that are open year round, by the Port/Harbor Office. In parking lots that are just west of the Port/Harbor Office which are, for the most part, not utilized during the winter. In this way if the City wanted to advertise the winter festival and encourage people to come to town or for winter camping and fishing an area would be predesignated. Mr. Fenske voiced appreciation for the work by the people who are responsible for the camping and some of the parking planning.

VOTE: YES: MATTHEWS, PARKS, FENSKE, WELLES, YOURKOWSKI, MARQUARDT.

Motion carried.

B. ORDINANCE 99-19, Of the Homer City Council of the City of Homer, Alaska authorizing the Sale to Jack Griffin of a Parcel of Land Described by the Kenai Peninsula Borough as Tax Assessor Number 175-160-46. Planning and Property Management. (First Reading 10/11/99, Public Hearing 10/25/99, Second Reading 11/8/99.)

Memorandum 99-205, from Planning Director as backup.

WELLES/MATTHEWS - MOVED TO ADOPT ORDINANCE 99-19 BY READING OF TITLE

The appraisal cost $300 with the property being appraised at $2,600. There was some comment that the property may be worth more than the appraised value. It was noted that after the set back requirement there is not much usable property left. The best use for this property appears to be selling it to an owner of adjoining property. Some concern was expressed that the selling of this property had not been reviewed comprehensively.

City Manager Drathman was asked to investigate the history and intended use of this ten foot by one hundred foot parcel for the next meeting. The City Manager will also contact the other property owner with adjoining property, Dr. Sayer, and see if he many be interested.

VOTE: YES: MARQUARDT, MATTHEWS, PARKS, FENSKE, WELLES, YOURKOWSKI.

Motion carried.

C. ORDINANCE 99-20, Of the City Council of the City of Homer Amending the Official Maintenance Map of the City of Homer by Adding 311 Lineal Feet for the Larkspur Court North and South Cul-De-Sacs for Permanent Maintenance. Public Works. City Clerk. (First Reading 10/11/99, Public Hearing 10/25/99, Second Reading 11/8/99.)

Memorandum 99-207, from Public Works as backup.

MARQUARDT/MATTHEWS - MOVED FOR THE ADOPTION OF ORDINANCE 99-20 BY READING OF TITLE.

There was no discussion.

VOTE: YES: YOURKOWSKI, MARQUARDT, MATTHEWS, PARKS, FENSKE, WELLES.

Motion carried.

Mayor Cushing recognized Mayor Navarre's presence and with the consensus of the Council provided Mayor Navarre the opportunity to give a brief Borough Report.

Mayor Navarre advised that there is an Assembly meeting tomorrow night and encouraged everyone to get out and vote at the two run off elections.

CITY MANAGER' S REPORT

A. City Manager's Report.

1. Two Memos from EDC

2. Memo regarding Water and Sewer Committee.

3. Letter with backup Re: Timber Harvest KK 99-13

B. Bid Report, from City Clerk

C. Game Permit Report, from City Clerk

Mayor Cushing stated that this water and sewer committee would be similar to the Road Standards Committee and he would be discussing the membership with the Council.

There was a great deal of discussion and concern expressed by the Council Item. A.3., Timber Harvest KK 99-13, in the Bridge Creek Watershed

City Manager Drathman responded to a letter from Glenda Landua, Coastal Zone Program, regarding Timber Harvest within the Bridge Creek watershed. He noted concerns regarding the safety of the City of Homer's primary source of drinking water. He advised that this is private property, the purpose of the timber harvest is to do some subdivision work. The Coastal Management will be reviewing this operation for compliance. The City can follow upon on the items that the City is asking to be set as safeguards. He advised that the most serious problem is where the water touches one corner of the property, although it is down a slope. There will be local monitoring.

Council expressed a desire for greater buffer zones to protect the reservoir from fuels and siltation.

Mayor Cushing provided some back ground on the Coastal Management Program and the Governor's Coastal Policy Council. He recommended that the comments of the Council tonight be forwarded through the KPB Planning Commission, ver batim if the Council so desires. He elaborated on the review, comment period , appeal and protest processes. Mayor Cushing advised the Council that they are welcome to comment as individuals through the KPB Planning Commission and Administration on this matter. During the course of the timber cut if the City wants to make sure that the game rules are being followed and wants to have their own person to bringing things to the State Inspector's attention the Council can make that clear. For example if the Council wanted the Public Works Director to do a weekly inspection and make sure that the terms of the permit are being met to the extent that they need to be to protect the City water supply. If the terms are not being met then the City can deal with the state forestry representative, Wade Wahrenbrock.

Council made the following comments and observations:

Information not received soon enough to be reviewed adequately for comment tonight.

Too many unanswered questions regarding the logging operation.

Preference for the operation to be done after freeze up, however, the information states that it is to begin as soon as possible, with a completion date of December 1.

Area to be logged is immediately up stream from the reservoir.

Very sensitive spot in the whole zone, with some grades up to 45 degrees, which is why there should be greater buffer zones and fuel located further than 100 feet away, especially in light of all the recent rain.

Do not want to add another layer of bureaucracy, would like the area concerns of the City forwarded.

Environmental Impact Statement

Difference in regulations for water supplies, reservoirs and streams. Needs to be noted that this is a drinking water supply reservoir.

When all the smoke clears the property owner will probably still be able to harvest the timber off of the property. However, future subdivision plans are a different matter and it is incumbent upon the City Council to get started and look at the whole picture and not just this one item.

City Manager Drathman advised that he is going to the Borough tomorrow for his last assembly meeting and will contact Glenda Landau regarding the schedule of hearings. He noted the excellent point regarding regulations for the drinking water reservoir as compared to reservoirs and streams. The current coastal plan of the Borough does not speak to reservoirs. All that is being asked for at this time is consistency with the Coastal Management Plan, which may be lacking. He reported that the Planning Department and City Attorney are reviewing model ordinances dealing with reservoirs and the ordinance will be before the Council soon. The need for this ordinance was not expected to be this soon.

The EDC letters were discussed, Items A. 1.

Economic Development Commissioner Hawfield stated that the Commission has discussed different facets of the Resource Development Coordinator. This is a way of assisting the City with economic development opportunities and assisting new business opportunities that want to come to Homer to find funding, work through the hoops & hurdles etcetera. This position could pay for itself. He noted that this has been a fairly consistent discussion over the years. This position needs to be able to function in a non partisan way and to the needs of the community.

Councilmember Marquardt asked for the Economic Development Commission to provide some examples of how this type of position or program has been effective in other municipalities.

Commissioner Hawfield cited the recent airplane manufacturer of the Mountain Goat Plane, wherein a better response was met in other communities. He briefly mentioned the business incentive memorandum following the one on the suggested/requested position. The focus of the position would be someone experienced and trained and whose job it would be to investigate those types of businesses that are interested in Homer.

Mayor Cushing advised of a contact he has received regarding air plane manufacturing that may require the HTI property on the Spit.

Council recognized the efforts of the Economic Development Commission and expressed appreciation for their work.

COMMITTEE REPORT

A. Port/Harbor Rate Committee Synopsis.

Councilmember and Chair Matthews reported that the Rate Committee will try to meet this week.

Mayor Cushing called for a recess at 8:57 p.m., reconvening the meeting at 9:10 p.m.

PENDING BUSINESS

NEW BUSINESS

A. Memorandum 99-209, from City Clerk, Re: Port and Harbor Terminal Tariff 600 Revisions Public Hearing.

Recommendation: Forward the Port/Harbor Tariff 600 revisions to a public hearing on October 25, 1999.

Proposed Resolution for Public Hearing attached: Of the City Council of Homer, Alaska Amending the Port and Harbor Tariff No. 600, Rule 34.8 Liability for Loss and Damage and Indemnity, and rule 34.24, Handling, Loading and Unloading.

Memorandum 99-210, from Port Director as backup.

MATTHEWS/WELLES/FENSKE - MOVED FOR THE APPROVAL OF THE RECOMMENDATIONS OF MEMORANDUM 99-209

Councilmember Parks expressed concern regarding the public process and the fact that at the last Port/Harbor Commission meeting the Fish Dock Use Permit failed 3/3 vote and then was taken up at a worksession wherein the recommendation was formulated. He questioned the Port Director's comment, in light of the Director's comments made at the last meeting, that this permit is needed for enforcement. Mr. Parks advised that he had received a couple of phone calls wherein the callers were relieved that this had failed at the Commission level.

The mechanism of final action after the public hearing is the Resolution.

Port Director Abbott elucidated the Port/Harbor Commission process regarding the Fish Dock Use Permit. He emphasized that this is another tool for enforcement.

Regarding Hazardous Materials, the Port Director referred the Council to the verbiage in Item 12. C. of the permit: Permitee shall not load, unload, or handle hazardous chemicals, liquids, compressed gases, petroleum products or similar hazardous materials, across, on, or near the Fish Dock without advance Harbor Officer approval.

The City Manager advised that the standard form of insurance is required to protect the interests of the City. The City will be authorized to have a copy of the insurance.

WELLES/YOURKOWSKI - MOVED TO AMEND THE RECOMMENDATION AT THE END OF THE SENTENCE TO BE ADDED, AND ADDED TO THE PORT AND HARBOR COMMISSION MEETING AGENDA OF OCTOBER 27TH.

VOTE: (amendment) YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, MATTHEWS, PARKS.

There was some discussion. The intent is that the Public Hearing be held at the Council level on October 25th, the Port/Harbor Commission have the Fish Dock Use Permit on their agenda for October 27th and the final action be by the Council at their following meeting.

Motion carried.

VOTE:(main amended) YES: WELLES, YOURKOWSKI, MARQUARDT, MATTHEWS, PARKS, FENSKE.

Motion carried.

B. L. Added under Agenda Approval: RESOLUTION 99-95, Of the City Council of the City of Homer, Alaska Authorizing the City Manager to Purchase the Asphalt Patching described in Purchase Orders 50398 and 50399 in the Total Amount of $13,165 to the Firm of Herndon & Thompson, Inc. City Manager. Account 200.5202.404 $4,765.00, Account 300.5202.504 $1,175.00, Account 100.5202.175 $805.00 and Account 100.5202.173 $6,420.00.

Memorandum from Public Works as backup. Recommend Adoption.

MARQUARDT/WELLES - MOVED FOR THE ADOPTION OF RESOLUTION 99-95 BY READING OF TITLE.

Essentially Council wanted to assure that none of the listed streets with strike out were being deleted from the asphalt patching project. It was suggested that the State DOT be contacted regarding the pot hole on Lake Street and the By Pass.

Public Works Director Meyer assured the Council that this work is not being deleted, but is rather a part of the repairs associated with the repairs on the water and/or sewer lines. In response to the Council the Public Works Director stated he is happy with the price quote of $2.50 per square foot and believes it to be reasonable.

VOTE: YES: PARKS, FENSKE, WELLES, YOURKOWSKI, MARQUARDT, MATTHEWS.

Motion carried.

RESOLUTIONS

A. RESOLUTION 99-92, Of the City Council of the City of Homer, Alaska Certifying the Results of the General Municipal Election Held October 5, 1999 to Elect Three Councilmembers and Vote on Two Propositions. City Clerk.

Substitute Certificate attached as approved under Agenda Approval. Certificate attached.

WELLES/MARQUARDT - MOVED TO ADOPT RESOLUTION 99-92 BY READING OF TITLE.

There was no discussion.

VOTE: YES: MATTHEWS, PARKS, FENSKE, WELLES, YOURKOWSKI, MARQUARDT.

Motion carried.

B. Substituted under agenda approval: RESOLUTION 99-93(S), Of the City Council of the City of Homer, Alaska, Authorizing the Formation of the Hillside Acres Sewer and Water Districts, Amending the Boundaries and Authorizing the City Manager to Proceed with the Preparation and Construction of Hillside Acres Sewer and Water Districts. City Clerk.

WELLES/MARQUARDT - MOVED TO ADOPT RESOLUTION 99-93(S) BY READING OF TITLE ONLY.

There was no discussion.

VOTE: YES: MARQUARDT, MATTHEWS, PARKS, FENSKE, WELLES, YOURKOWSKI.

Motion carried.

C. Added under agenda approval: RESOLUTION 99-96, Of the City Council of Homer, Alaska Supporting an Application by the Kenai Peninsula Borough for a U.S. Customs Port of Entry and Status as a Foreign Trade Zone. City Manager.

WELLES/MATTHEWS - MOVED TO ADOPT RESOLUTION 99-66 BY READING OF TITLE.

Councilmembers Welles and Parks expressed strong support for this and noted that the Kenai Peninsula Borough would be paying for the application at a cost of approximately$45,000.

VOTE: YES: YOURKOWSKI, MARQUARDT, MATTHEWS, PARKS, FENSKE, WELLES.

Motion carried.

COMMENTS OF THE AUDIENCE.

Asaiah Bates stated that the meeting was very interesting. He commented on Councilmember Parks mirror of life and the unconscious with complete integration into his process of living and loving and friendship with Councilmember Welles. Mr. Bates stated that this meeting has really been so enlightening and an educational point of view. He noted the five major senses and the artistry of consciousness in the tongue. He commented on the pictures that are integrated in the mirror from all the information projected by the City Manager and the various commissions and departments. He commended the Council for their wonderful job in declaring the mirror and conscious understanding. He stated that the Council is loved and to keep up their good work.

Lois Irvin inquired about the gravel pathway on Poopdeck Street that is considered handicap accessible.

City Manager Drathman assured her that it is hard packed gravel and that care will be taken to assure drainage.

Councilmember Parks advised that there is a gravel handicap accessible pathway at the lower Russian Lake Trail and that he has seen wheel chairs on it, which are quite maneuverable. The Russian Lake Trail is approximately three years old and does have pull outs on the trail for wheel chairs.

COMMENTS OF THE CITY ATTORNEY

City Attorney on standby per contract.

COMMENTS OF THE CITY CLERK

City Clerk Calhoun had no comment.

COMMENTS OF THE CITY MANAGER

City Manager Drathman thanked the Clerk and Deputy Clerk and all the volunteers who did a tremendous amount of work in preparing for the election. He stated that there is a lot of work involved when an election comes out as flawless as this one did. Regarding the budget process he thanked the work the City workers have done, with specific commendation to Finance Director Baugh. He reported that Finance Director Baugh has been at work between 2 and 3 a.m. working on the new budget format to improve the budget.

COMMENTS OF THE MAYOR

A. Mayor's Memorandum

Mayor Cushing noted Item 3. in the letter: Administration has asked if English Bay Corporation has any interest in Overslope Development. Unless otherwise directed by Council, Administration understands they have standing Council directive to pursue overslope opportunities for presentation to the Council for consideration.

He relayed public comments of dissatisfaction regarding the yellow trash bag covers on the signs on the Bypass referring to the RV Dump station and winter closure.

There was a brief discussion between the City Manager and the Public Works Director and that this should not be a problem to take down the sign during the closure period. It was noted that these are DOT signs.

Mayor Cushing commended the Homer Animal Friends for the Fur Ball and the tremendous fund raising event this was, probably the best. He reported that he started off the ceremony at the KBBI October Fest.

COMMENTS OF THE CITY COUNCIL

Councilmember Matthews had no comment.

Councilmember Yourkowksi thanked all the candidates for running, adding that he knows it is not fun and congratulated the winners. He voiced concern regarding the logging in the City watershed, permitting process, policing and enforcement. He asked that the City Manager keep tabs on development and police this for land use within the City's watershed.

Councilmember Marquardt lauded Councilmember Parks work on the Council, that he has done an excellent job this past three years and the he is sorry to see him go. Mr. Marquardt noted that Councilmember Parks work, fishing, has taken him away from a lot of meetings, and that he is building a new home and awaiting the arrival of a child. He encouraged Mr. Parks to stay involved in whatever capacity he can.

Councilmember Fenske noted that Councilmember Parks was not done with the Fisheries Task Force and that the last meeting was just an adjournment until he called the next meeting. He hoped that Mr. Parks would stay involved in the City and hopefully not to the extent that it costs him a family. He noted that there is a lot of stress that is put on young families when people try to serve in public positions. He thanked Mr. Parks and his wife for allowing him the time to represent his constituency on the City Council.

Councilmember Welles wished good luck to Councilmember Parks and to Pat Cue.

Councilmember Parks thanked Council for their comments and wishes of good luck on his house and family. He has some comments he is saving for next meeting. He relayed a public comment made to him about giving up on City government and his response back. Mr. Parks voiced his feelings of connection with the community as a Councilmember and that the past three years have been very enlightening. Especially in light of the very low voter turn out at the general election he urged voters to vote in the run off elections. He emphasized that voters need to exercise their right to pick their candidate.

ADJOURNMENT

There being no further business to come before the council the meeting was adjourned at 10:17 p.m. The next regular meeting is scheduled for October 25, 1999 at 7:30 p.m. A Special Meeting will be held on Tuesday, October 19th at 7:30 p.m.

_________________________________________

MARY L. CALHOUN, CMC/AAE, CITY CLERK