Session 99-20, a Regular Meeting of the Homer City Council was called to order at 7:31 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: CUE, FENSKE, MARQUARDT, MATTHEWS, WELLES, YOURKOWSKI .

STAFF: CITY MANAGER DRATHMAN

CITY CLERK CALHOUN

FINANCE SUPERVISING ACCT. MACK

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 185, City Manager's Report and Page 79, Surplus Equipment advisement backup, Consent Agenda. ADDITIONS: To Ordinance 99-19, public hearing written testimony and To Announcements: Mayoral Proclamation - National Animal Shelter Appreciation Week.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Asaiah Bates stated that it sure is wonderful to see the beautiful lady, Councilmember Cue, and Councilmember Marquardt on the Council. He observed that the Council is glowing tonight like a Lotus flower blooming. The Council is right on line to bring unity and harmony to the community and to radiate the blessings of carrying out the issues and in perfect order. He emphasized that this is a wonderful Council and they are doing a great job. He voiced his support of Council one hundred percent plus and thanked them for all their good work .

RECONSIDERATION

CONSENT AGENDA

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

A. Homer City Council regular meeting unapproved minutes of October 11, 1999. Recommend approval.

B. Homer City Council special meeting unapproved minutes of October 19, 1999. Recommend approval.

C. RESOLUTION 99-97, Of the City Council of Homer, Alaska Awarding the 2000 Courier Service Contract to O'Leary Enterprises in the Amount of $775 per Month, Plus Additional Trip Fees as Bid and Authorizing the City Manager to Execute the Appropriate Documents. Finance. City Clerk.

Memorandum, from Finance as backup. Recommend adoption.

D. Memorandum 99-212, from Port/Harbor, Re: Surplus Equipment Bid advisement. Recommend acknowledgment.

E. RESOLUTION 99-98, Of the City Council of Homer, Alaska Granting the Renewal of the Janitorial Services Agreement Option to Reynolds Enterprises of Homer, Alaska through CY 2000 and Authorizing the City Manager to Execute the Appropriate Documents. Finance and City Clerk. Recommend adoption.

F. RESOLUTION 99-99, Of the City Council of Homer, Alaska Adopting An Alternative Allocation Method for the FY 00 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activities in the Cook Inlet Management Area. Finance. City Clerk. Recommend Adoption.

G. RESOLUTION 99-100, Of the City Council of Homer, Alaska Authorizing the City Manager to Pay the Dredge Spoils Dewatering Dike Maintenance in Purchase Order 26473 in the Total Amount of $12,000 to the Firm of Nehalem River Dredging, Inc.

Memorandum from Port Director as backup. Recommend Adoption.

WELLES/MATTHEWS - MOVED TO ADOPT THE RECOMMENDATIONS OF THE CONSENT AGENDA.

FENSKE/- REQUESTED THAT ITEM G. BE PULLED OFF THE CONSENT AGENDA AND PLACED FOR DISCUSSION.

Mayor Cushing placed this under Resolutions as Item A.

VOTE:(Items A. - F.) YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, MATTHEWS, CUE.

Motion carried.

VISITORS

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. Added under agenda approval: MAYORAL Proclamation: National Animal Shelter Appreciation Week of November 7-13, 1999.

PUBLIC HEARINGS.

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 11/22/99.)

Brian Bondioli, Captain B's Alaskan C's Adventures Charter, objected to the camping season being defined and prohibiting camping on the spit outside of those dates. He commented on the history and ambience of the "spit rats". Mr. Bondioli pointed out that many of those working on the spit live in the campground areas and need to be able to continue to do so. He did not believe that those people who are willing to live on the Spit should be restricted and that there is a basic promise for living in Alaska of food, shelter and warmth. He voiced disagreement with the articles in the paper about the spring clean up after the winter campers and the homeless. Mr. Bondioli voiced his opinion that the Anchorage visitors and not the regulars left the mess. He voiced his belief that those who do live in the campgrounds should be allowed to make a home on their area of gravel, especially in light of paying camping fees. He does not oppose the camping fees; however, wondered what the camper got for the fees and did not see that any more was offered than in the 70's except for 55 gallon drums intermittently placed for trash, which is not being maintained. He reported that one of his deck hands, that lived in the camping area, was working 17hours a day and did not deserve the verbal abuse he received from the camp fee collectors and was told that he had constructed too permanent of a structure. Mr. Bondioli reflected on the days when he lived in the camping areas on the Spit and met people from all over the world, with varying educational backgrounds and who were resourceful, creative and used ingenuity in their camp sites. If people are working on the Spit they should be allowed to build their homes, and should have a different rate of camping fee. He expressed his opinion that this is a pretty significant part of the Homer economy, wherein most of these people are workers on the Spit in one fashion or another. He asked that these people have an opportunity to experience Alaska, the beneficial part of the Alaskan process and not have to experience those things they left behind in civilization.

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 11/22/99.)

Scott Connelly, relator with Bay Realty, advised that he is here primarily as a friend of Chip Duggan, owner of the Waterfront Pub. He stated that this issue is of no major concern to him personally, but that he is here to help speak for Mr. Duggan as to what is the greatest benefit that this little strip of land can offer. He testified that he would like to see this sale go forward, the Ordinance adopted and the land back on the tax rolls, to increase the tax base for the citizens of Homer. Mr. Connelly commented on Dr. Sayers' letter. He encouraged the Council to display common sense and go forward with the Ordinance. In response to Council inquiry, Mr. Connelly stated that he is not sure of Mr. Griffin's intent, but if he owned the property adjoining this strip of land he would vacate the property line.

Chip Duggan advised that Mr. Griffin owns the parking lots and he owns the bar. He advised that he would like to annex the parcel and do an expansion and improvement of the Waterfront's restrooms.

City Manager Drathman reported on the results of his research, requested by the Council. Kachemak Bay Title's Mary Anne Rowe was unable to locate the information as to where the property actually came from, either there was a surveying error or this strip is something that was left over. The size was such that the borough picked up the parcel as an alley, gave it a tax number and sent it over to the City of Homer. Ms. Rowe's recommendation is that the parcel be Quit Claim Deeded, as recommended in the Ordinance, as opposed to a Warrantee Deed and as a condition that this property not be sold again without the adjoining property. The property does not have to be replatted to purchase it at this time; however, if it is to be resold it is to be replatted to merge the parcels.

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 11/22/99.)

There was no public testimony.

D. Larkspur Court Paving and Partial Reconstruction.

There was no public testimony.

E. Port/Harbor Terminal Tariff 600 Revisions, Resolution, 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. Port/Harbor.

There was no public testimony.

ORDINANCE(S)

CITY MANAGER' S REPORT

A. City Manager's Report. (Dock License Agreement and Ice/Crane Time) (Substitute)

City Manager Drathman explained that the terms are paying a fee of $.91 per foot per vessel for the Alaska Marine Highway System. Each ferry would be treated individually, the Tustumena is 289 feet in length and the Kennicott is 382 feet in length.

B. Bid Report, from City Clerk

Due date for proposals for the Professional Engineering Services for Repairs and Renovations to the Small Boat Harbor is changed from November 12 to December 10, 1999 at 4:30 p.m.

COMMITTEE REPORT

A. Port/Harbor Rate Committee Synopsis.

Mayor Cushing thanked Councilmember Welles for his recommended two year phase-in of the rate increases and voiced his preference for a three or four phase process.

Councilmember Welles noted that the two year phase-in of rate increases is for moorage rates and ice rates. The moorage rate increase, biggest topic of the whole study, with the redefining of the enterprise fund will significantly reduce the linear foot cost over the first rate model. Percentage wise, this should be a much more acceptable increase and a two year phase-in should be acceptable to everyone and certainly more realistic.

PENDING BUSINESS

NEW BUSINESS

RESOLUTIONS

A. CONSENT AGENDA ITEM. G. RESOLUTION 99-100, Of the City Council of Homer, Alaska Authorizing the City Manager to Pay the Dredge Spoils Dewatering Dike Maintenance in Purchase Order 26473 in the Total Amount of $12,000 to the Firm of Nehalem River Dredging, Inc.

Memorandum from Port Director as backup. Recommend Adoption.

FENSKE/WELLES - MOVED FOR ADOPTION OF RESOLUTION 99-100 BY READING OF TITLE ONLY.

Councilmember Fenske asked for the history behind this request.

Port Director/Harbormaster Abbott advised that the 99 budget amount was $42,000, a portion for trucking dredge spoils to wherever these would be needed. It was thought that some of the dredge spoils would be needed at the entrance to the Fishing Lagoon, however, rock was placed on the outside and inside to build up the silt and no dredging spoils are needed this year at that location. Therefore, there were no trucking requirements, and no trucking need has materialized to date. At mid year this budgeted item was reduced to $30,000 in the attempt to fund a part time employee for the Ice House. This expenditure will leave $18,000 in the budget should any trucking of the dredge spoils be required.

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

Motion carried.

COMMENTS OF THE AUDIENCE.

Willie Flyum read portions of a letter signed by Asia and Kurt. He commented on the endorsement of candidates by a Councilmember and pointed out that Council's own policy manual states that Councilmembers are not to endorse or take position on any political race; however, the Mayor may do so. Mr. Flyum stated that he did not think this should be allowed and that it is wrong. He commented on another letter on Museum letterhead, from Mike O' Meara also endorsing candidates. Mr. Flyum noted that the Museum receives public dollars, for which they purchase these materials. He also noted the Museum is registered as a 301C non taxable entity. He objected to the City tax dollars being used to support any campaign, it is the wrong thing to do, should be stopped and there should be a reprimand. He advised that he intends to investigate this further with APOC.

Leslie Hafemeister welcomed new Councilmember Cue and re welcomed Councilmember Marquardt. She thanked the Mayor for the proclamation for National Animal Shelter Week and for the comments and support of the Animal Shelter all along.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans was not present, but was on standby if needed, pursuant to contract.

COMMENTS OF THE CITY CLERK

City Clerk Calhoun had no comment.

COMMENTS OF THE CITY MANAGER

City Manager Drathman inquired as to how many Councilmembers planned to attend the Saturday night, November 6th, joint meeting with the Kenai Peninsula Borough Assembly, Lake and Peninsula Borough Assembly and Homer City Council regarding the Williamsport-Pile Bay Road, dock and bridge upgrades proposed to DOT.

COMMENTS OF THE MAYOR

Mayor Cushing reported on the volunteer activities, recognition and fund raising ceremonies since the last regular meeting:

KBBI met their fund raising goal by close on Friday and it is good to have them back to their regular sounding airwaves. KBBI set a good example with their fund raising efforts of coming up with new ways to obtain funds. KBBI has never approached the City for funding.

Town Square Committee had a fund raising function last Saturday night to get public support and raise their own money.

Center for Alaskan Coastal Studies had a ceremony last Friday night and Toby Tyler was recognized as a citizen who has given tremendously. The Mayor did a proclamation on his behalf.

A week ago the Southern Peninsula Task Force had a meeting, which most of the Council attended off and on. There was a good sharing of ideas for economic and balanced development visioning for the Southern Peninsula.

He commented on the issue of candidate endorsement by a Councilmember in an unofficial capacity, that it is sticky and asked the City Manager to look into this matter. He emphasized the importance of being able to work with anyone and everyone who gets elected.

COMMENTS OF THE CITY COUNCIL

Councilmember Cue had no comment.

Councilmember Matthews voiced appreciation for the short meeting.

Councilmember Yourkowski urged people to vote tomorrow and a week from tomorrow.

Councilmember Marquardt voiced an appreciation for Mr. Flyum reading the letter, regarding voting and candidates in the Borough and City Run Off elections. He pointed out that there is no reference to his being a Councilmember, to the City of Homer, nor did he write this on behalf of the Council. He stated that he believes it is within his right as a citizen and that it is a fine line that Councilmembers walk. He further stated that he does his best to not throw his weight around as a Councilmember. He commented on the City Manager looking into this matter. Mr. Marquardt encouraged everyone to get out and vote tomorrow.

Councilmember Fenske thanked Mr. Flyum for coming to the Council meeting and noted the limited testimony this evening. He commented on the low voter turn out at the regular election and the impact that everyone's vote has. It is not just important to vote it is imperative.

Councilmember Welles gave a big thanks to the City Manager and the Finance Department for all the work on the Budget. He stated that, at first glance, it is the best he has seen.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 8:31 p.m. The next regular meeting is scheduled for November 22nd, 1999. The November 8th meeting is canceled due to the AML Annual Conference. Budget Worksessions are scheduled for Monday, November 1st at 7:30 p.m., Monday, November 22nd at 6:30 p.m. and Wednesday, November 24th at 7:30 p.m. The FEMA/FIRM public hearing is scheduled for Tuesday, November 23rd at 5 p.m.

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MARY L. CALHOUN, CMC/AAE, CITY CLERK