Session 01-17, a Regular Meeting of the Homer City Council was called to order at 7:31 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 4:04 p.m. to 6 p.m. Agenda items were the Regular Meeting agenda and the City survey question development.

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

STAFF: CITY MANAGER DRATHMAN
CITY CLERK CALHOUN
ACCT. SUPERVISOR MACK

LIBRARY DIRECTOR HILL

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 City Council. Additional information provided was a letter from the Library Advisory Board with an attached petition regarding the CIP, Councilmember Kranich and the City Manager's information for Resolution 01-58, the Steep Slope Task Force unapproved minutes and draft document, and a letter from Sue Coble regarding the skateboard park.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Patricia King spoke about and in support of Resolution 01-62, to continue to look for other places for the skateboard park. As a niece of Benajmin Walters, the park's namesake, she relayed some history about him, adding that Councilmember Kranich is the only one who has been in Homer long enough to remember her uncle:

• Came to the Homer area in 1948 to a muddy little town with no roads.

• Was here a few months prior to Trisha's family coming.

• Sometimes lived in town and sometimes out of town.

• Owned a homestead.

• Did a lot of different things in his life: longshoring, sold realestate, bar tender, great stand up bass, really good story teller, anonymous political commentator - Not Hed.

She advised that when the Ben Walters Park was dedicated in 1984, eight years after he died, this was a very "big deal" for the entire family, who came from long distances to participate, adding that there was a very nasty storm that day. She voiced her preference that the park remain as natural as possible. Ms. King provided copies, to the Mayor, Council and public, of some items from the family scrap book that she put together regarding her uncle. She thanked the Council for inspiring her to get into the scrap book, an interesting experience. She relayed that her uncle had predicted the annexation and had some cautionary messages now and again. She asked that the Councilmembers running for re election not take any of the comments personally. Ms. King encouraged Council to remember her uncle and his family, that is still proud of him and the park being named after him, in whatever decision or plan is made regarding that land, Ben Walters Park.

Frank Griswold distributed handouts and spoke on two Resolutions. He voiced his pleasure regarding Resolution 01-62, the skateboard park issue and that it looks like the Council is back on track. He voiced his fear that this being election time and with the sensitivity of the skateboard issue, that the consideration of Ben Walters Park might go down the wrong path. He suggested that the Council maybe has the cart before the horse, has to do prep work before picking a site and that a place has to be picked that is suitable for skateboarding. He commented on the inadequacy of the parking at Ben Walters, which would be even less to none once the parking lot was turned into a skateboard area, even if there were no covenants. He commented on the City being naive into thinking that all they have to do is provide $15,000 worth of asphalt and some labor and had not evaluated the maintenance costs. He expressed his opinion that the City has an ulterior motive for so blatantly disregarding these covenants, to try to get out of the existing maintenance clause. He said that it appears that not many people use Ben Walters Park, but there are fixed costs. Mr. Griswold stated that the boardwalk needs maintenance and right now is a hazard with the very end of it loose and people could trip on it, the sand box was a problem until they got rid of it, there is grass to mow and there is vandalism. Referring to the "stuff" he gave the Council last meeting, he voiced his opinion there have been years of Public Works trying to get rid of things so that they did not have to deal with these things. He emphasized that the costs will not be reduced because the Council puts in a skateboard park, adding that there will be spectators and people not involved in activities creating idle hands that sometimes make more work for the City. He pointed out his belief that the Council has not considered the other uses that will occur there; roller blading, biking, soccer playing or broom hockey. He inquired if this is to be exclusively for skateboarders? He told the Council that he means that this has to be thought through and asked how they are going to, and by what right are they going to keep others out? How are the skateboarders going to feel, after doing all of their fund raisers, about competing with others who want to use the area. Back to the parking issue, Mr. Griswold commented on the skateboarders needing to park what they drive or what they car pool to haul their equipment, having observed this at the Homer Tennis Courts. He emphasized that this site needs to be accessible to all of the residents of the City of Homer, including the area the City plans to annex, even if their parents have to drive them, there needs to be some place to park and the City should not be creating this parking problem. Mr. Griswold commented that the skateboarders may be naive into thinking that once the City has given them this 10,000 square foot paved area that there will be no strings attached, which is unrealistic with everyone aware of the problems and injuries that can occur. He voiced his belief that the City will be imposing some requirements that "they" wear at a minimum helmets and some other safety equipment. He reported that Seward has gone through this and the skateboarders did not care for those requirements, there were plenty of violations, the police were writing citations and it did become, and still is, a big problem. He commented on Resolution 01-58, the pay raise for the City Manager and that he did not believe that the information that the Council got was adequate and that it seems like the Council has already made up their minds to pay the City Manager $80,000 and so just solicited something to justify it so that it would look good. He stated that if he were doing the analysis he would look at how many years a City Manager was on the job in Seward or Soldotna, who have been City Managers for several years and are experienced. He objected to paying for on the job training and suggested that the Council compare this salary with the Council paid Patti Whalin even after four or five years of being City Manager. He voiced his belief that the car allowance is excessive, the other communities do not have a vehicle available for the City Manager so they are saving lots of money and the number of miles they need to drive may be more, that information is not provided. He commented on the red jeep that used to be the City Manager's vehicle until one Manager made it famous. He referred to page 94 of the packet, the current City Manager's contract regarding subscriptions and legal fees and stated that the City Manager should not be doing City Attorney work, which is conflicting and is a mistake.

Bob Cousins referred to his comments from last meeting on the skateboard park issue and that he is not real sure the covenants would restrict making a multi use facility out of the Ben Walters Park, which is in fairly poor repair and needs some upgrading. He stated that he would not be adverse to finding another location. He commented on the Homer Tribune from November 2, 1999 with the heading, "Youth, Commissions optimistic about Skateboard Park ", with a Neal Herring quote about his son, now grown, who also lobbied for a Skateboard Park and another quote that says to be patient instead of, let's do something now. Mr. Cousins interjected that Mr. Herring's son is now out of college. Mr. Cousins stated that this is his point and that maybe the covenants do restrict Ben Walters Park, so find another place and not drag feet forever on this issue. He pointed out that the kids do need a place and so do the businesses, for the businesses are paying extreme and extensive insurance if they allow kids to use their property for skateboarding, being a liability issue. He noted that the City is much more capable of and is its job to take on the liability, rather than shoveling if off on the private people. Mr. Cousins stated that as a public service the Council needs to address the issue of a Skateboard park and not keep putting it off. He emphasized that there were plans in 1999, now the Council says a plan is needed, yet plans do exist. He voiced his concern that the kids are getting pushed around and learning about the sensitivity that they receive at the hands of our government. He commented about the possible location at the Hazel Avenue properties and mainly encouraged the Council to get a location and get the Skateboard Park done.

Bob Keys commented on an article recently in the paper where the City Manager stated that if they could stop people that go from Homer out to the Spit to dump their garbage in the dumpsters that the City could save $80,000. He wondered if this were a typographical error or if someone did not get the facts straight, in that he checked with the City today and to this date the City has spent $33,000 getting garbage removed from the Spit dumpsters. He agreed that there is some of the garbage that comes from City people going out there and dumping, but not very much. He objected to the Manager blaming the City people for the expense of dumping garbage on the Spit and that it is ridiculous. He reported that he also checked the price of water in San Jose, California; Portland, Oregon; Tri City of Washington; Phoenix, Arizona and that the City of Homer residents pay three times more for water than those locations, adding that some of those places bring water in for several hundreds of miles. He commented that he thinks there is something haywire here about the water and about the sewer system.

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 August 27, 2001. Recommend approval.

B. Ordinance 01-45, Of the City of Homer Amending Section 21.45.020 of the Homer City Code to Repeal "Professional Offices" as a Permitted Use in the Urban Residential District. City Manager. Recommend adoption for introduction, schedule public hearing for September 24, 2001 and Second Reading on October 8, 2001.

C. Ordinance 01-46, Of the City of Homer Amending Homer City Code Section 17.04.140, Time Limitations for Improvement Districts, to Delete Obsolete Subsection C. City Manager. Recommend adoption for introduction, schedule public hearing for September 24, 2001 and Second Reading on September 24, 2001.

D. Resolution 01-61, Of the Homer City Council Amending the Council's Operating Manual, Procedures Regarding Executive Sessions. City Clerk. Recommend adoption.

E. Resolution 01-63, Of the City Council of Homer, Alaska Recognizing Kenai Peninsula Borough Ordinance 2001-04, Establishing the E-911 Board of Directors and Authorizing the City Manager to Enter into an Interagency Agreement for Continued Participation in the Management of the E-911 System. City Manager. Recommend adoption.

Memorandum from Chief of Police as backup.

F. Memorandum 01-52, from Mayor, Re: Reappointment of Suzanne Haines and Dan Coyle to the Library Advisory Board. Recommend confirmation.

G. Memorandum 01-53, from City Clerk, Re: Appointment of Election judges. Recommend confirmation.

FENSKE/CUE - MOVED FOR THE ADOPTION OR APPROVAL OF THE RECOMMENDATIONS OF THE CONSENT AGENDA BY READING OF TITLE AS READ.

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

Motion carried.

VISITORS

A. Cornel and Associates, Kenai Prison, approved by City Manager.

Former State Senator and Borough Mayor Don Gilman, Citizen Group; Tim Navarre, KPB Assembly President, and Mike Gilliland, Cornel and Associates made presentation and held a question and answer period with the City Council and members of the public. The following are presentation and response comments:

Former State Senator and Borough Mayor Don Gilman provided some historical information regarding Alaska, the Department of Corrections, prisons, about the Seward Spring Creek Prison, and the proposed Kenai prison. He advised that he is part of a citizens group that formed to help educate the public about the proposed prison in Kenai, a subject on the Borough Ballot for the October 2, 2001 election as proposition 1., an "up or down vote" on whether the Borough should continue with the process of the proposed prison. He emphasized the economic benefit to the Peninsula and the Borough. The proposed site for the prison is Kenai Native Association land adjacent to the current Wildwood facility. He reported on the state requirements, the legislative process and funding as well as the leasing process and bonding. He advised that the Legislature passed a bill to authorize the Department of Corrections to negotiate with the Kenai Peninsula Borough for the prison facility. He reported that there are about 800 prisoners from Alaska in a private prison in Arizona and costs the state between $20 million to $25 million a year. He stated that his message is that the Borough will be protected by the legislation that was passed that requires that if there is an agreement reached there be a twenty year or more year lease, sufficient to pay the bonds off. He relayed that there is another issue that the contract for operations cannot be longer than five years at a time, an IRS requirement, without going back to the competitive process. He noted that the legislation that provides for the contract gives the Commissioner of Corrections the authority to break the contract if terms and conditions are not meeting the standards established by the Division of Corrections. He voiced his opinion that there is no downside. He reported that the wage level has been stated to begin at $13.50 per hour with a benefit package.

Assembly President Tim Navarre briefly elucidated the Borough process and the team selection process regarding the proposed prison. He reported that the average state cost, around the state, is about $112 per bed, and the state will require that the Borough come in at $89, adding that there are some inflation factors over the next three years that could bring that number to as high as $92. He confirmed that the cost for the Alaska prisoners in Arizona is $56 to $60 per bed. The proposed facility will be able to handle 1000 plus prisoners. He emphasized the amount of money going to the State of Arizona would be kept in Alaska and if the economics were analyzed it would be obvious that it is better for Alaska to bring the prisoners home.

Mike Gilliland, Cornel and Associates, provided information regarding Cornel and the company's prison experience and abilities. He stated that Cornel does partner with the communities they are in and that public safety is of the utmost concern. He elucidated the importance of having Alaska prisoners in Alaska and the impacts on family and other support people. He commented on the leasing process, wage levels and training. He advised that the plan is to purchase goods, supplies and services locally as much as possible and to hire from the area. He stated that Federal ACA Standards are followed in the operations of the Cornel managed prisons and that Cornel passed ACA accreditation standards with a100% compliance rating earlier this year.

Mayor Cushing called for a Suspension of the Rules to proceed with the next two agenda items and then continue with a further question and answer period on the proposed Kenai Prison.

VOTE: Unanimous, there were no objections.

Mayor Cushing called for a recess at 8:34 p.m., reconvening at 8:54 p.m

ANNOUNCEMENTS/ PRESENTATIONS/ BOROUGH REPORT/ COMMISSION REPORTS

KPB Assembly president Tim Navarre gave a brief report and noted that the KPB Assembly will be in Homer on Tuesday, September 18, 2001. He commented about the legislative priority issues, the process and that Congressman Young is going to be the Chairman of Transportation. He encouraged the Council to work on their roads lists and get these in as soon as possible. He commented about the Bridge Creek Watershed proposed Ordinance, public process and that the he looks forward to the City coming up with a common sense approach to managing its watershed area that will protect both the Borough and the City of Homer.

PUBLIC HEARING(S)

A. Ordinance 01-43 , Of the City Council of Homer, Alaska, Accepting and Appropriating Funding from the State of Alaska Department of Community and Economic Development in the Amount of $100,000.00 for the Ambulance Replacement and Authorizing the Mayor to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue Acct. 151.4520.736 and Expenditure Acct. 151.5902.736. (First Reading 08/27/01, Public Hearing 09/10/01, Second reading directly after public testimony.)

There was no public testimony.

MARQUARDT/KRANICH - MOVED FOR THE ADOPTION OF ORDINANCE 01-43 BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.

Councilmember Marquardt reiterated congratulations and commendation to the Fire Department.

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

Motion carried.

B. 2002-2007 CIP, 2003 Legislative Requests and 2003 Capitol Projects Governor's Matching Grant Program.

Cleo Web, as a Friend of the Library for a large part of her twenty one years in the community, recognized the importance of the Homer Public Library to the community. She pointed out that when a group of people gather together one of the first things is to establish a lending library, soon that is not good enough and a library is developed, which is how the Homer Public Library developed. She noted that the City has grown much, the population has grown tremendously and the people are really being crowded in the library. She relayed that the thing that makes her the saddest about library is that every time a new book is put out on the shelf an old one has to pulled and goes into a book sale or something else. She emphasized that many time those older books are the ones that really count. She advised that she and Joy Griffin are present as Friends of the Library to urge the Council and the public to get the funding for the library.

Joy Griffin, a member of the Friends of the Library since it first started in the early 1980s, reminisced about when the library was all new and shiny and already getting crowded. She commented that since that time she has seen new schools, a big expansion on the Museum, new subdivisions and lots of library users yet nothing has happened with the library. She stated that the library is still shiny, not new any more and well taken care of by the staff, but it there is not any room. She voiced a sadness about the old books having to come off the shelves for the new books for which she and Cleo Webb brought home $10,000 from the Harper Collins Publishers. She recognized that Council is favorable toward the new library and hoped that this could happen as soon as possible and that she is delighted that everyone is looking for a new library here.

Jack Lentfer stated that one of the great needs in the City is for a larger library with more room for books and with more books. He voiced his hope that the City is able to bring this about in the near future.

Barb Seaman, Administrator of the Town Square, voiced support of the a new Homer Library. She stated that the Town Square project is dedicated to promoting the quality of life in downtown Homer and seeing reasonable development that encourages people to use downtown. She asked that the City put this project at the top of the CIP list and to also look for funding through the Governor's Matching Grant Program and whatever other funding is available. She relayed the mission of the Homer Town Square Project:

To envision and create, through collaborative community planning, a downtown area that will instill a greater sense of identity and pride. Provide for economic opportunity and contribute to a higher quality of life. The Homer Town Square Project is a very public grass roots effort to create, institutionalize and implement a comprehensive development design, while enhancing economic development and the community's quality of life.

She emphasized that the construction of a new library fits these goals and mission fairly well. She commented that if the library is built within the heart of Homer, knowing there are several locations in mind as well as renovating the library on the existing site, they'd like to encourage the Council to consider putting it down in the center of town. Ms. Seaman advised that there is a parcel of property the City owns and CIRI is also willing to talk about the development of a library. She suggested that locating the library somewhere in the center of town, in the heart of Homer would be a civic anchor and would very much encourage development downtown that would draw people up from the Bypass, down from Pioneer Avenue and provide an anchor to develop around. She concluded by urging the Council to support the Library.

Janet Bowen, Director of Homer Council on the Arts, voiced her support of the Library on being number one on the priority list. She advised that for the first time they got their capital campaign project of purchasing their building or renovating it into the City's CIP process and thanked the Council for this. She emphasized that the Council on the Arts building being in the list would carry a lot of weight for obtaining other funding.

Bob Cousins urged the Council to put priorities in line, a tough decision, and that he is not opposed to a new library; however, getting water and sewer to the residents of Homer are essential services and health and safety issues. He likened the library to dessert and the water and sewer to vegetables. He advocated diversity in opinions and asked how Library Facility could be on the top of the CIP list when there area residents who do not have water and sewer. He pointed out that there are people within thirty feet of water and sewer and the City will not let them hook in. He relayed that when the school was built that sewer system was run right past a fellows house and the City of Homer would not let him hook into, while the City let one other and a Church hook in. He stated that the point is that the Library is a great idea, but how about using the University System to obtain a library and look at alternative funding proposals for the acquisition of these resources that are deemed as necessary. He emphasized that essential services are the most necessary thing to provide citizens, sewer and water for everybody without anyone exed out of the program and without the process that is in place. He stated that the sewer and water process is a very important process that needs to be reorganized. He voiced his understanding that there were nine people who were not contacted on this last LID that passed and their votes were counted as yeses. He asked the Council to please correct him if he is wrong, because the Council has the inside information.

The question and answer period continued regarding the proposed Kenai Prison and included members of the public

Earlier comments were reiterated. It was noted that there are two sides to this issue and that Senator Torgerson, the City Council of Soldotna and the Mayor of the City of Kenai are not supporters of this project. The voters were encouraged to become informed. The proposed location is approximately mile 14 on the Kenai Spur Highway, roughly three or four miles from the downtown section of Kenai. The foot print for the complex is 250 acres and the facility is 80 acres so there is a buffer of about 160 to 170 acres. The Kenai Native Association owns about four thousand acres at the old Wild Wood Air base and this propose prison would be on a part of that. The annual cost per prisoner at the national average is $30,000, the proposed $89 figure per prisoner comes close ($32,485.) The cost per prisoner is about five times higher than to educate a student every year, which seems wrong. There will be at least 150 employees at the prison and they will be multi trained. Concern was expressed regarding responsibility for escaped prisoners, however, Cornel reported having a good record and that this facility will be state of the art. The Assembly wants the opportunity for the feasibility study and to share this with the public. The Assembly has been very careful with its authority entrusted to it by being the elected officials of the Borough and will proceed cautiously with a yes vote, whereas, a no vote ends this opportunity.

The questions from the public:

Bob Keys inquired what the shares of Cornel and Associates are selling for now and what in the last five years the dividends have been, the highs and lows?

Mike Gilliland responded that he is not the financial guy and has been on the road the last few days and has not checked. He reported that the last time he did check the stock was just under $16 a share, that since he has been with the company, he has seen it as low as $5 a share and as high as $25 a share. He noted that when looking at Cornel's major competitors they are all pretty close and that it has kind of fluctuated with the market the last few years. He advised that last year the gross revenues for the company were $227 million, adding that he is not sure of the profit margin.

Bob Keys commented that it seems like it would be a nightmare for the inmates, that are put into the prison system and sent to Arizona, to converse with their Attorneys in Alaska, that the Attorneys in Arizona are not familiar with Alaska law nor have licenses to practice in Alaska. He asked how the prisoners are affected in this way?

Mike Gilliland responded in agreement that it makes it tough and more expensive for the prisoner(s) to have legal counsel when in Arizona as well as visits from family. He stated that the rehabilitation programs are lacking, because they have some unique needs in Alaska that people in Arizona are not aware and/or of how to deal with these. Mr. Gilliland noted that these are some of the things that they can do better here and that Cornel wants to partner with the University and other professionals here to try and break the cycle. He emphasized that the state statistics show that the failure rate of Alaska prisoners that are released is pretty high, in the 90% range and that in the long range that costs the state treasury a lot of money to keep that cycle going. He relayed that they think there is great benefit to bringing the prisoners back to Alaska, to try to develop some viable, rehabilitation, training and industry programs within the institution and try to partner with the other support services that are already in the community that are run by the state and some by Cornel.

Bob Cousins stated that this is a learning experience. He voiced his first concern that prisoners that are removed from the state have no access to legal services and no access to family, an overriding consideration that must be taken into account when deciding this issue. He inquired if the prison runs short on filling the 800 beds would they be depending on new laws and new enforcement, adding that then he was going to start running? He wished them good luck with their proposition.

Mako Haggerty stated that for the record he has never been a prisoner, never worked in a prison, never owned a prison and has no intention of being a prisoner, being a guard or buying any stock in any of these companies. He thanked the Council for this forum. He stated that he has no questions for the gentlemen, because the Council asked some really good questions. He commented that one of the things that struck him was how many questions were not answered and that one would think, given a project of this size, that there would be more answers than what were given tonight. Mr. Haggerty emphasized that this is a huge project, the Borough is really taking a risk and the State is taking a risk. He commented that getting in bed with the private prison or the prison for profit industry is a loser, has been a loser in a number of states and there is no reason in the world that it is going to be a winner here, adding that it baffles him how it got this far. Mr. Haggerty said that this project is run on many levels, which makes it difficult to know where to start. He relayed that opposition to this project maybe starts with philosophical point of view, it might start with the cost to the tax payers point of view and definitely a safety and accountability to the local community point of view. He voiced his belief that in all categories prisons for profit fail. He reported that a GAO study determined that there is no savings to the tax payers, what happens with these prisons is that the same amount of money is spent on incarceration, just divvied up differently. He stated that the prisons for profit are going to be divvying this money up for the benefit of their share holders, which is one of the main reasons he is opposed to this proposed private prison. Wherein, he voiced his belief that public prisons are a better way to go in that they are not concerned about the shareholders as much as they are concerned about the community safety. He encouraged the Council to ask themselves why are the municipalities and the people that are going to be directly affected by the prison opposed to it. He stated that the City of Soldotna is opposed to it, Senator John Torgerson is opposed to it, Mayor John Williams out of Kenai is opposed to it and Kenai has not yet taken a stand. He emphasized that these people are going to be directly affected by this prison project and none of them are in favor of it, therefore, how did it get this far? He voiced his surprise that it is even on the ballot, adding that the Assembly should have voted this thing down a long time ago and sent these guys packing. Mr. Haggerty stated that as far as he is concerned if another borough wants this project let them face the same consequences as happened in Delta Junction, wherein there is a law suit still going on. He voiced his opinion that:

• This is not a good thing for the people to deal with.

• Does not want to see the consequences that happened in Delta Junction.

• The prison will not bring any good to the community.

• The jobs will not be any good.

• Maybe, two years of a good construction is the only good that will come from this and after that nothing but problems.

Mr. Haggerty wondered where this goes from here in terms of Homer. He commended the Council for their questions and for the forum.

Mayor Cushing called for a recess at 9:55 p.m. reconvening the meeting at 10:09 p.m.

Mayor Cushing asked for consensus that Resolution Item B. be addressed prior to Resolution Item A.

VOTE: By consensus. There were no objections.

ORDINANCE(S)

A. Ordinance 01-38, Of the City of Homer Amending Homer City Code Section 18.28.050, Definitions, Adding Subsection 36. the Definition of Waste or Injury to Land. City Manager. (First Reading 08/13/01, Public Hearing 08/27/01, Second Reading 09/10/01.)

LADD/CUE - MOVED TO ADOPT ORDINANCE 01-38 BY READING OF TITLE FOR SECOND AND FINAL READING.

Councilmembers Cue and Yourkowski emphasized the need for and benefits of having this definition, especially with respect to enforcement.

36. "Waste or injury to land", means the disturbance of ground cover, damage to vegetation, littering or dumping of waste, removal of or damage to any material from a berm, or use of a vehicle in areas designated as prohibited to vehicles.

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

Motion carried.

B. Ordinance 01-39, Of the City of Homer Amending Homer City Code Section 19.16.030, Use of Vehicles Prohibited, by Deleting the Obsolete Reference to Whitney Fidalgo Access Road. City Manager. (First Reading 08/13/01, Public Hearing 08/27/01, Second Reading 09/10/01.)

FENSKE/KRANICH - MOVED FOR THE ADOPTION OF ORDINANCE 01-39 BY READING OF TITLE FOR SECOND AND FINAL READING.

Councilmember Kranich commented that this amendment deletes the reference to Whitney Fidalgo access road and inserts the proper and current roadway description.

No person shall operate a recreational vehicle, motorcycle, motor bike, or motor scooter within or upon that beach area as defined in the immediately preceding section locatedbetween a line bisecting the Homer Spit at the centerline of the Whitney-Fidalgo access road and the tip of the Spit. from a line bisecting the Homer Spit at the centerline of the mouth of the Fishin' Hole to the tip of the Spit.

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

Motion carried.

C. Ordinance 01-40(A), Of the City of Homer Amending Homer City Code Section 5.20.020, Open Burning -- Permit Required, to Add a New Subsection Regarding Coal Fires. City Manager. (First Reading 08/13/01, Public Hearing 08/27/01, Second Reading 09/10/01.)

FENSKE/MARQUARDT - MOVED FOR THE ADOPTION OF ORDINANCE 01-40(A) BY READING OF TITLE FOR SECOND AND FINAL READING.

Mayor Cushing called for the approval of the recommended amendment by the City Clerk:

Amend to add at the end of the first sentence of 5.20.020(f): "section 1.16.010" So that f. would read: The violation of any provision contained in this chapter shall be punished under the general penalty provision of the City Code section 1.16.010.

VOTE:(primary amendment 1.) BY CONSENSUS. NO OBJECTIONS.

There was no other discussion.

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

Motion carried.

CITY MANAGER'S REPORT

A. City Manager's Report (Ice and Crane time and the results of the Seafair Safety Rodeo.)

There was no discussion.

COMMITTEE REPORT

A. Steep Slope Task Force

Councilmember and Chair Ladd gave a brief report regarding the changes in the draft document and the review by the City Attorney and staff.

Mayor Cushing stated that during the Committee of the Whole the suggestion was made that the Ocean Bluff area also be addressed by this Task Force or an expanded Task Force and addressed through the currently proposed ordinance or another ordinance.

PENDING BUSINESS

NEW BUSINESS

RESOLUTIONS

Resolutions Item A. and B. were switched around earlier in the meeting.

B. Resolution 01-62, Of the City Council of Homer, Alaska Repealing Memorandum 01-46 and Amendment Designating Ben Walter Park as the Future Homer Skateboard Park Site and to Direct the City Manager to Initiate a New Site Identification Process and to Return a Skateboard Park Site Recommendation to the Homer City Council for Consideration and Approval. Ladd. Kranich.

LADD/KRANICH - MOVED FOR THE ADOPTION OF RESOLUTION 01-62 BY READING OF TITLE.

There was lengthy discussion regarding the covenants, the intended use of Ben Walters Park and the variable levels of potential impact and non impact of a skateboard area at the Ben Walters Park to the park and other users. It was noted that a skateboard area is definitely desired and needed and that the intent of this City Council is to provide a skateboard area in as expeditious manner as possible.

KRANICH/LADD - MOVED TO AMEND HEADING OR TITLE TO ADD AN "A" TO MEMORANDUM 01-46 AND ALSO ADD MEMORANDUM 01-51 BOTH IN THE TITLE AND IN THE LAST PARAGRAPH (NOW THEREFORE BE IT RESOLVED CLAUSE) ON LINE 2.

VOTE:(primary amendment 1.) BY CONSENSUS, NO OBJECTIONS.

Motion carried.

Discussion ensued.

Councilmember Fenske asked for permission to read the City Attorney's opinion for the public and into the record.

Mayor Cushing asked if the Council had any objection. There were no objections and the entire opinion was read into the record.

Mayor Cushing called for a recess at 11:02 p.m. , reconvening the meeting at 11:15 p.m.

There was discussion about meeting with the benefactor, moving forward on the Ben Walters Park as, at least, a temporary site for the Skateboard Park. Many concerns and objections were voiced to the utilization of Ben Walters Park as a Skateboarding site with particular reference to the covenants and the intended use by the donator. Some comments were that this Resolution would tie the hands of the administration in developing a creative solution.

KRANICH/CUE - MOVED TO DELETE THE ENTIRE LAST SENTENCE. (In the Now Therefore Be it Resolved clause - The recommendation will include a construction plan, all City estimated costs associated with construction and Skateboard Park operation, and a Skateboard Park operation plan.)

The amendment was discussed and that the need for a construction plan and operation plan when a site/location is finalized.

KRANICH - CALLED FOR THE QUESTION ON THE AMENDMENT ON THE FLOOR.

There were no objections to the call for the question.

VOTE: (primary amendment 2.) YES: LADD, YOURKOWSKI, MARQUARDT, KRANICH, CUE, FENSKE.

Motion carried.

LADD/ - CALLED FOR A RECESS.

FENSKE/CUE - MOVED TO SUSPEND THE RULES SO THAT WE MAY PROCEED AFTER TWELVE THIS EVENING TO FINISH OUR BUSINESS.

VOTE: (rules suspension) BY CONSENSUS. NO OBJECTIONS.

There were no objections to the call for a recess.

Mayor Cushing recessed the meeting at 11:41 p.m. and reconvened the meeting at 11:54 p.m.

VOTE:(main amended motion) YES: KRANICH, CUE, LADD.

NO: FENSKE, YOURKOWSKI, MARQUARDT.

MAYOR: TIE VOTE: NO.

Motion failed.

Mayor Cushing voiced his understanding that someone on the Council would be, for the next meeting or the meeting after, as necessary, submitting a new set of ideas for the Council's consideration. He stated that the intent of Council is clear that the swings stay in Ben Walters Park and there be something, at least, temporary at Ben Walters Park for the skateboarders. He stated that it is good to have the benefactor, Tony Neal, involved informally regarding the formation of the next stage of this project.

City Manager Drathman asked for clarification regarding Council intent that he explore other sites.

Mayor Cushing affirmed that the Manager is to explore other sites for the Skateboard Park area, adding that the Manager will probably get redirected regarding Memorandum 01-46(A) and 01-51. He told the Manager to also look into the availability of paving and money.

A. Resolution 01-58, Of the City Council of Homer, Alaska Amending the City Manager's Contract. Fenske. Yourkowski. Cue. Fiscal Note: Acct: 100.5101-5102.110 increase of Salary 7.5% and Car Allowance increase of $150 per month. Postponed on August 27th.

CUE/FENSKE - MOVED FOR THE ADOPTION OF RESOLUTION 01-58 BY READING OF TITLE.

Council discussed the Manager's performance, job description, that he has a lot of responsibilities and has accomplished a lot of projects. The increase was discussed with regard to the higher percentage of increase to the Manager last year and the requested increase this year, and the lower percentage of increase the rest of the staff has received the past two years. Parity of Manager's salaries in the municipalities on the Peninsula was noted as one of the reasons for the increase.

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

NO: LADD, KRANICH.

Motion carried.

COMMENTS OF THE AUDIENCE

Frank Griswold said that he was so proud and disappointed at the same with the Councilmembers. He recalled that a couple of meetings ago, Councilmember Marquardt talked about what impression might be given to Homer's youth in their first foray into City politics. He stated that he thinks that tonight the Council set a really bad example in that the Council told the youth that if they want something bad enough the end justifies the means, that if they sign a piece of paper and shake someone's hand, they can then, if they don't like it, find a hot shot attorney to parse the words, analyze it and find some other meaning that suits their needs, adding that this is deplorable and hopes that is not what the youth take away from this. He pointed out that there is no provision in the covenants for temporarily violating them. He voiced his understanding that the plan is to remove the parking lot, pave it for a Skateboard Park and then go to the only section of the park that has not been affected and pave that as well, so people can park. He emphasized that this is just flat out ludicrous and really hopes that Tony Neal is listening tonight and takes the appropriate action. He stated that he knows the Council does not care, because it is not their money and the City Attorney does not work on a contingency and if he has lead the Council down the road where he has to litigate for three years, he buys another yacht. Mr. Griswold told the Council that they are just out in left field. He commented that it is very interesting that the Council never sought parity with other City Managers when Patti Whalin was City Manager, for 4 or 5 years and that she got about the same evaluation, yet no one pointed out that she was getting less than the City Manager of Kenai. He pointed out and asked the Council to think about there being some public benefit for the City Manager to drive around in a City vehicle so that people know what he is up to, observing that if Richard Leland had been given two hundred dollars a month to drive his own vehicle he'd probably still be the Homer City Manager. He commented on Resolution 01-61 that was not discussed, but passed, regarding Executive Sessions and that some of the Council had concerns with how Executive Sessions were listed on the agenda. He stated that he is not sure who had the concerns or what the concerns were and that perhaps the Council could discuss this during their comments at the end of the meeting. He voiced a realization that the City pays Mr. Drathman's membership dues on the Alaska Bar Association, however, he is not the best authority on the Open Meetings Act and Executive Sessions. He relayed a curiosity that the City Attorney did not have more participation in this matter. He read a whereas clause from the Resolution, emphasizing that it has misleading verbiage regarding the City Attorney and the statute authority. He wondered why the City Manager had to state what the City Attorney wants, which sort of implies that this is the recommendation of the City Attorney, adding that he doubted that it is. Mr. Griswold noted that on the City Attorney's website he recommends completely different and has stated that when going into Executive Session the reasons should be plainly discussed and that it is not sufficient to just say attorney client privilege or in the financial interest of the City. He suggested that the purpose of this amendment is to avoid discussion and just site a state statute. He objected to the wording of the Resolution and the procedures contained therein. He inquired about the wording of the voting, adding that the Resolution is very poorly written. He wondered if the Council even knows what "exemption of adjudicatory deliberations and decision-making" means. He stated that this looks like a band-aid for Executive Sessions and Council needs to do a comprehensive review of Executive Sessions including whether or not to tape Executive Sessions, read what the City Attorney has on his website and that the City Attorney should be actively involved in the ordinance. He urged the Council to reconsider this and to take the time to do it right.

Eric Szymoniak thanked the Council for the vote tonight and that he is willing, as is the rest of the Skateboard Association, to meet with the Mr. Neal when the Council does next week or whenever. He advised that the Skateboard Association wants to make sure that Mr. Neal knows that they respect his opinion and what he has to say. He voiced a hope that everything works out for Mr. Neal and for the Skateboard Association.

Bob Cousins commented on having some fun with the prison and that he would like to get down to some serious business. He stated that the emperor wears no cloths around here and that he was called ignorant at the last Council meeting, so he "unignorantized" himself. He stated that he would read a sentence and then let the Council do the research and figure out what the rest of the book says. He stated that this is the Federal Public Land and Resource Law that relates to the beaches and access and utilization for subsistence, commercial and recreational uses, that he told the Council about before, that he is so ignorant about, the public trust doctrine. He told the Council that they do not know about the public trust doctrine, because they have not acted as though they knew about the public trust doctrine nor do they know about public trust, which is why he is running for Council. He told the Council that they do not respect the trust empowered to them by the people who voted for them and those people did not know what they were voting for. He read: "Trust connected with public property or property of a special character, like lands under navigable waters, they cannot be placed entirely beyond the direction and control of the state." He pointed out to the Council that when they transfer their land over to the Land Trust they don't get dominion over that land, because they are still required to deal with the public trust that was entrusted to the Council by the donors of that land in the beginning. He advised the Council that there is more in the book he read from, however, he would let them find that since he is so ignorant. Mr. Cousins stated that he is ignorant too regarding the Open Meetings Act and that the Council is sitting there making decisions on Commissions and City Managers that have no respect for the law, for the meaning of law, or for the reason for law. He read from the Homer Advisory Planning Commission meeting minutes of September 20, 2000, Regular meeting: "Commissioner Webb commented on the Town Square Committee meeting doing well contacting and getting landowners in the Central Business District... The City, CIRI, the University, Petro Marine, Al Waddell and HEA are all meeting on October 16^thto talk about the master plan for Town Square in the CBD... CIRI is really putting some planning effort into it and have come up with a design for a new library and city hall." He emphasized that part about a new library and City Hall and asked the Council if they even care about those who do not have sewer and water. He said, "Shame on you! Ridiculous!" He read more and stated that these are the people the Council puts in place to determine policies that the Council sits and votes on: "Commissioner Webb related that the October 16^th meeting is closed to the public. The individuals want to be able to discuss issues openly without worrying about the public." He emphasized that the Council should worry more about the public, a little less about their own conflicts of interest, more about the way they discuss things in back chambers and making decisions based on their own self interests. He emphasized that this is why he is running for City Council and that he hopes to be elected, because he does not want to litigate.

Bill Smith stated that Betsy Webb is a former member of the Homer Advisory Planning Commission and her activities with the Homer Town Square Committee are in no way connected with the Homer Advisory Planning Commission. He pointed out that the Town Square is not a City function, not connected with, appointed by or run by the City and is entirely ad hoc group formed by citizens that have no governmental function and therefore have no obligation to meet the same Open Meetings Act that the City does. He emphasized that the Planning Commission strictly adheres to the Open Meetings Act regulations and will continue to do so.

Bob Cousins was granted permission to respond to Mr. Smith's comments, which he said were absolutely not true, whatsoever. He stated that under the circumstances he believes he deserves to be able to respond to the total inaccuracy by Mr. Smith. He noted that there are two people appointed to the Town Square Committee from the Planning and Zoning Commission and asked Mr. Smith if this were not true.

Mr. Smith responded in the negative, adding that there is no representative from the Planning Commission to the Town Square Committee and that the Planning Commission did not select a representative, as far as he recollects. He advised that Betsy Webb was reporting to the Commission the activity.

Mr. Cousins repeated Mr. Smith, that there is no connection between the Town Square Committee and the City and that the Town Square Committee is not authorized. He stated that he will be back, because he read today where there were two members appointed to the Town Square Committee and whether or not he can find that paper or not is irrelevant, because he knows very well that it exists. He stated that he read it in black and white today and will return.

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 thanked the Council for their vote of confidence.

COMMENTS OF THE MAYOR

Mayor Cushing commented that he likes the mission statement that was read by the Land Trust tonight on being a grass roots effort and believes this to be important. He commented on the meeting, the one in question that was formed by a private organization, of which the City had nothing to do with other than to be a land owner and may not have even attended. He advised, in terms of the skateboard park, that everyone "wait and see", there is public process, and he has faith in the Public Works Department to design and the City Administration to take care of the legal issues. He noted that the covenants came up through the public process, an opinion has been received, the Council is responding and the Council has mentioned "going temporary there". He reiterated that the Council has stated that it is incredibly important to recognize the will of the benefactor; "whether they can have their feet held to the fire right now". He commented on this Council compromising and their willingness to move ahead, progress ahead and take care of the folks in town that have been very active and are very deserving, as many other groups in town are, and at the same time be working on a temporary solution. Mayor Cushing emphasized that there is an opinion that this could be a permanent solution and that the Council has made good progress on this issue.

COMMENTS OF THE CITY COUNCIL

Councilmember Cue stated that the Council has certainly earned their fifty dollars this month.

Councilmember Fenske commented that there are some months that are a lot easier and that it is really interesting to be on the winning side, adding that he is on the losing side so much that he is kind of used to that. He voiced his hope that the people, regardless of the side of the issue they are on, appreciate the amount of effort that goes into the decisions that Council makes. He pointed out that there has been no wasted energy about the decisions made on the skateboard park and he hoped that the young people, who are going to benefit, understand the work that has gone into this. Mr. Fenske stated that there have been a lot of comments in favor of "putting in" the skateboard park, that he hopes this is the end result and not years away. He voiced appreciation of everyone's input.

Councilmember Yourkowski commented regarding Mr. Griswold's comments and that he thinks that Mr. Griswold jumped to a bunch of conclusions. Mr. Yourkowski pointed out that all the Council did was not shut the door on the Ben Walters Park option at this point, that the Council is just looking at this closer and not shutting the door on any other site. He relayed that administration made it clear that we are going to continue looking at other sites, viable sites. He noted that the Council is moving forward, may do a temporary site, and will talk to the benefactor. He pointed out that the Town Square Committee is an ad hoc committee, not a City committee and is recognized in the Comprehensive Plan as a viable process to come up with some kind of meaningful planning for the down town area and not a City sanctioned committee.

Councilmember Kranich noted that this is not a bed of roses, decisions come hard and that no one gets their way all the time. He voiced his hope that the City of Homer benefits from the majority of the decisions that are made, adding that the Council is looking for the maximum benefit for the other residents of the City. He inquired, for clarification, if the City Manager would have to turn in mileage, gas or payment requests for vehicle expenses or does this come out of the $200 a month vehicle allowance. Mr. Kranich stated that his opinion is that the $200 should cover this, however, it was never clarified anywhere.

Mayor Cushing stated that "he" would get back directly to Councilmember Kranich on that matter.

Councilmember Ladd voiced his hope that the Council made the right decision on the skateboard park, however, this action certainly does not reflect the way his phone rang or the communications he received from those within Homer. He commented on the City Manager's increase, that he is not in any way saying that the Manager has not done his job and that the Council had stated in a previous meeting that the Manager was doing his job. He voiced his opinion that the increase is not in step with what is happening in the society around them, that the Council needs to be reflective of the community, the increase was too much and that he hopes it will not come back to haunt the Council.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 12:37 a.m. The next regular meeting is scheduled for September 24, 2001 at 7:30 p.m. in the Homer City Hall Council Chambers preceded by the Committee of the Whole meeting, which begins at 4 p.m. The Kenai Peninsula Borough Assembly will conduct their regular meeting of Tuesday, September 18, 2001 at 7 p.m. in the Homer City Hall Council Chambers.

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MARY L. CALHOUN, CMC, CITY CLERK