Session 02-18, a Regular Meeting of the Homer City Council was called to order at 7:32 p.m. by Mayor Jack Cushing at the Homer City Hall Council Chambers located at 491 E Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

The Council's Committee of the Whole met from 4:01 p.m. to 5:55 p.m., agenda items were the Town Square and the regular meeting agenda items.

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

STAFF: CITY MANAGER DRATHMAN (part)

CITY CLERK CALHOUN

FINANCE DIRECTOR BAUGH (also as Acting Mngr)

FIRE CHIEF PAINTER

LIBRARY DIRECTOR HILL

PUBLIC WORKS DIRECTOR MEYER

ADMIN. ASST./PROJ. DEV. HOLEN

EMERGENCY SVS SPECIALIST MIOTKE

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 with the following changes: Memorandum 02-48 was placed under Announcements, Presentations, Reports. On the Consent Agenda Substitute Resolutions 02-66(S) and 02-67(S).

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Linda Lego stated that, as a 20 year resident, she wants an animal shelter and thanked the Council for their efforts and for the consideration of a location. She voiced recognition that location is a difficult issue that “they” have been aware of for years. She relayed the fear of the Homer Animal Friends that the Council is getting as tired as they are of facing the new Animal Shelter and site location issues. She emphasized the need to “put this to bed” and as well as the new library issues. Ms. Lego acknowledged that there are so many worthy causes wherein Council has to balance funding and that it is nice for some to come to fruition. She thanked the incumbents who are running for office and issued congratulations and/or a job well done.

Steve Gibson commented and voiced agreement with Resolution 02-67(S), that requests the Kenai Peninsula Borough to delete certain areas inside the City limits from spruce removal as part of a fuel load reduction sale, in its current Spruce Bark Beetle Mitigation Program. He predominately commented on the Baycrest and Paul Banks areas. He suggested that the removal of the spruce could impact the Homer Demonstration Forest in the Baycrest area, the Baycrest Ski Trails, wetlands of Beluga Lake, Beluga Lake and slough and on down the stream, East Hill Road area up stream and etcetera. He noted that there is no support from the land owners within and/or adjacent to these areas for the removal of the spruce for fire control or mitigation and that, he believes, the Fire Chief would agree with him. (Fire Chief’s letter on page 126a of the Council’s packet) He emphasized that there would be greater damage by clearing these areas and that there is a great deal of habitat to protect and values to preserve, including screening from the dump in the Baycrest area. He reported that the skiers have expressed an interest in cutting any windfalls that are in the trail areas and will do the maintenance in these situations. He noted that it has already been established that there is no borough or city liability for anyone who gets conked on the head if unwise enough to be in those areas on a windy day. There is no good reason to cut the spruce and there is a lot of good reason to preserve these trees. He reported that in the Paul Banks area there is a tremendous cone crop and the area will be reseeded if the trees are left. He voiced his hope that the Council would consider the town square project as one of the few things that comes before the Council as an opportunity instead of another problem that needs to be solved. He agreed with and was impressed with Mr. Ladd’s concerns regarding the four year college and that no one is more in favor of a four year college than himself. He stated that he would be happy to see the library sited on the wet spot immediately below Pioneer Avenue. He voiced his opinion that the original dog pound site was not a very good site. He suggested that nothing be done that would impede the availability of the four year college. However, while the Council is empowered to look out and plan when they get the opportunity, between bullets, the planning for the college is a longer term than the planning need be of the Town Square. He expressed his feeling that the Council could plan a good Town Square and should move forward on the Town Square without the college. Even in the event that the Council is able to persuade Lee Gorsuch, UAA Chancellor, and all the other factotums that this is a good site for a four year college, it is at least two very big steps away. He voiced his fear, that without the Town Square planning, Homer will be looking at a CIRI big box without any zoning controls or participation with the City. Mr. Gibson shared his desire for the four year college and his opinion that unless the City buys it, staffs it, and merchandizes it he does not see the four year college happening within the next ten year future or whatever the hopefuls are for the Town Square project. He relayed that he sees the whole thing kind of disassociating itself from the different elements rather than a collusion of visions. In response to Councilmember Ladd, Mr. Gibson said that with the Town Square project it has come to a point where it does not have to be decided at this meeting, but within the next few months the Council needs to aim themselves in a direction instead of waiting for acquiescence from the University. He suggested that it feels like some of the direction of the University has already been taken of with the selling of the Young’s parcel, interjecting that he could be misinformed.

Cris Rideout as a user of and contributor to the Library voiced his support of the Library and that he is glad to see Council moving forward on finding a location for the new Library. He encouraged the Council to keep moving in that direction and voiced a preference for a site between the Sterling Highway and Pioneer Avenue and that this site would be really good for the people who live in town.

RECONSIDERATION

CONSENT AGENDA

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

A. Homer City Council unapproved meeting minutes of September 9, 2002. Recommend approval.

B. Ordinance 02-39, Of the City Council of Homer, Alaska, Accepting and Appropriating a State of Alaska Department of Corrections Grant for Community Jail Improvements/Upgrades in the Amount of $6,150.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue Acct. 100.4503.030 and Expenditure Acct. 100.5903.165. Recommend introduction and public hearing and second reading on October 14, 2002.

Memorandum from Chief of Police as backup.

C. Resolution 02-57, Of the Homer City Council Supporting the Application for the State of Alaska Department of Community and Economic Development FY 2003 Mini-Grant Program for the Purchase of a Zamboni Ice Resurfacing Machine. City Manager. Recommend adoption.

D. Resolution 02-58, Of the Homer City Council Adopting an Alternative Allocation Method for the FY 03 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. City Manager. Recommend adoption.

E. Resolution 02-66(S), Of the City Council of the City of Homer, Alaska, Supporting the Majority of the Kenai Peninsula Borough Assembly in their Attempt to Require Roads being Built in new Subdivisions as part of the Land Developers Subdivision Requirements and Requesting the Kenai Peninsula Borough to Revisit this Issue in the Near Future. Mayor

F. Resolution 02-67(S), Of the City Council of the City of Homer, Alaska, Requesting the Kenai Peninsula Borough to Delete Certain Areas Inside City Limits from Spruce Removal as part of a Fuel Load Reduction Sale, in its Current Spruce Bark Beetle Mitigation Program. Mayor.

G Memorandum 02-46, from City Clerk, Re: Confirmation of Election Workers for General Municipal Election - October 1, 2002. Fiscal Note: Acct: Clerk’s Budget - 2 chairs $10 per hour and 8 judges $9.50 per hour for 12 to 18 hours, 2 Canvass Boardmembers $12.00 per hour for 2 to 4 hours. Recommend approval and confirmation.

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

Councilmember Fenske briefly clarified that Resolutions 02-57 and 02-58 are the same as last year.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

Kenai Peninsula Borough Assemblyman Moss gave a summary the four borough ballot propositions: School board member issue of seven at large or 9 by district, Solid waste bond issue for $12 million, Seward Middle School $14.7 million, and Sales tax exemption on all non prepared food items.

Mayor Cushing announced that the ARPA Conference is in Homer at Lands End next week for four days beginning October 2nd. He advised that the Denali Commission is seeking input regarding their funding.

A. Mayor’s Proclamation, Recognizing the HVFD 50 Year Anniversary.

A round of applause was extended to the Fire Department through those members who were present.

B. Mayor’s Proclamation, Kachemak Bay Coastwalk Week.

C. Mayor’s Travel Report.

D. Removed from New Business as Item C. and placed here under Agenda Approval. Memorandum 02-48, from Mayor, Re: Beluga Slough and Spit Parking at Green Timbers and ‘Microwave Platform” Site.

PUBLIC HEARING(S)

ORDINANCE(S)

CITY MANAGER’S REPORT

A. City Manager’s Report (Kenai Peninsula Manager’s Association Meeting Report; Petition for road maintenance on Jake’s Little Fireweed, Hopkins Way and Mary Allen Avenue; Linda Redman letter regarding road upgrade and maintenance for Tanya Court, Bay Crest Subdivision.)

B. Bid Report, Results of the Surplus Equipment Disposal.

There were no comments.

COMMITTEE REPORT

A. Road Standards Committee

B. Town Square Working Group

Councilmember Yourkowski encouraged everyone to forward suggestions to the Town Square Task Force regarding the Town Square project. (There was a presentation at the Committee of the Whole.)

C. Beach Policy Task Force

Councilmember Cue advised that the Beach Policy Task Force did meet on September 11th. The next meeting is Wednesday, September 25th at 7 p.m. Both the 11th and 25th minutes should be in the next Council Regular Meeting packet. She reported that the Task Force is reviewing the current policies and evaluating where the City has implemented those policies; that she, Mary and Jack Lentfer and Rika and John Mouw had photographed and evaluated the City beaches as to what is happening in these areas. Much concern was expressed with the apparent vehicular damage on the beach from the Airport Access point eastward.

D. Parking Task Force

Councilmember Marquardt reported that Planning Director Tucker is working on the draft of the final recommendations from the many Parking Task Force meetings held this past spring. One issue is that there are a number of requirements for parking spaces n the Spit and it appears that 300 more parking spaces are required. There should be some interesting facts and figures come out of this recommendation. He urged everyone to pay attention to the Spit Parking when that comes up, adding that there may need to be some significant changes to portions of the City Code.

PENDING BUSINESS

NEW BUSINESS

Mayor Cushing called for a recess at 8:25 p.m., reconvening the meeting at 8:39 p.m.

A. Agenda for the Board of Adjustment Hearing on the Appeal, filed by David and Jeanne Manson, of the Homer Advisory Planning Commission’s denial of the request for a Conditional Use Permit number 02-05, For More than One Building Containing a Principal Use on a Lot. This lot is located at 1485 Hillside Place and is Lot 13, Hillside Acres Subdivision of Tract 2 & 3, 1983 Subdivision. Property Owners are David and Jeanne Manson.

Mayor Cushing recessed the Regular Meeting at 8:40 p.m.

BOARD OF ADJUSTMENT AGENDA

I. BOARD OF ADJUSTMENT HEARING - CALLED TO ORDER at 8:40 p.m.

A. Appeal, filed by David and Jeanne Manson, of the Homer Advisory Planning Commission’s denial of the request for a Conditional Use Permit number 02-05, For More than One Building Containing a Principal Use on a Lot. This lot is located at 1485 Hillside Place and is Lot 13, Hillside Acres Subdivision of Tract 2 & 3, 1983 Subdivision. Property Owners are David and Jeanne Manson.

Mayor’s NOTE: THE BOARD SHALL NOT HEAR ARGUMENTS NOR TAKE TESTIMONY OR OTHER EVIDENCE. IT MAY CONSIDER ONLY THE MATERIAL CONTAINED IN THE RECORD PREPARED BY THE CLERK. HCC 21.68.070(C)2).

Includes the “Record”, “ Supplemental information to the “Record” such as the brief submitted by Gordon Tans, Manson’s filing of appearance, notices, etc.

1. DISCLOSURE OF EX PARTE CONTACT(S).

There was no disclosure of any ex parte communications.

2. WRITTEN BRIEF SUBMITTED BY EACH PARTY AS ALLOWED IN HCC 21.68.070(B)(2)

Entry of Appearance filed by Mansons. No brief.

Entry of Appearance for City Manager and Planning Director with brief of City of Homer filed by Gordon Tans.

3. DECISION, OFFICIAL STATEMENT OF FINDINGS AND REASONS FOR SUPPORTING DECISION. HCC 21.68.060 (e)

The Board of Adjustment did not desire to go into Executive Session. Mayor Cushing noted that both attorneys, William Walker and Gordon Tans, were on standby.

YOURKOWSKI/LADD - MOVED TO REMAND THIS CASE TO THE PLANNING COMMISSION FOR FURTHER PROCEEDINGS TO INCLUDE WRITTEN FINDINGS OF FACT AND CONCLUSIONS OF LAW.

Brief comment for clarification on the reason for remanding to the Planning Commission; that it appears the Planning Commission did not give written findings of fact.

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

Motion carried.

Mayor Cushing read a proposed Order: The Homer Board of Adjustment, having met on September 23, 2002 for the purposes of hearing appeal of David and Jeanne Manson, case number 02-05, and having reviewed the brief by the City of Homer, hereby remands this case to the Homer Planning Commission for further proceedings. Any decision of the Council shall include written findings.

There was no objection to the order.

Mayor Cushing stated that the order stands.

II. ADJOURNMENT AND BACK TO REGULAR MEETING at 8:47 p.m.

B. Memorandum 02-47, from City Clerk, Re: Tax Foreclosed Property Deeded To the City of Homer.

RECOMMENDATION:

Introduce an Ordinance at the October 14, 2002 Regular Council meeting to accept the parcel and designate as undesignated.

FISCAL NOTE:

Borough taxing owing through October 15, 2002 on each parcel is $733.04 for a total of $1,466.08. Estimated assessments on the Ocean Drive Loop Bluff Erosion Control Project are for lot 43, $45,157.50 and for lot 44, $75,060.00 for a total of $120,217.50.

Parcel value via Borough Assessor is $8,000.00 each

FENSKE/CUE - MOVED FOR THE ADOPTION OF THE RECOMMENDATION OF MEMORANDUM 02-47.

During discussions the Mayor promoted thinking creatively regarding grants and other possible funding sources for the costs, noted in the fiscal note, associated with these two parcels and for the possible use of these two parcels for public areas such as picnic table areas.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

C. Memorandum 02-48, from Mayor, Re: Beluga Slough and Spit Parking at Green Timbers and ‘Microwave Platform” Site.

This was placed under Announcements, Presentations, and Reports under Agenda Approval.

RESOLUTIONS

A. Resolution 02-59, Of the Homer City Council Prioritizing Capital Projects in the Community for Submission to the State of Alaska for FY 2004 Funding Under the Capital Project Matching Grant Program (AS 37.06). Mayor and Council.

CUE/FENSKE - MOVED FOR THE ADOPTION OF RESOLUTION 02-59 BY READING OF TITLE.

Discussion regarding the match and allocation thereof.

CUE/KRANICH - MOVED TO AMEND TO DIVIDE THE GOVERNMENTS MATCHING GRANT TO INCLUDE NOT ONLY THE HOMER PUBLIC LIBRARY BUT ALSO THE HOMER ANIMAL SHELTER. (50/50)

Deliberations were regarding one project verses two projects on the list for the Governor’s Matching Grant and that $50,000.00 to $60,000.00 would be beneficial to site procurement and/or preparation.

VOTE: (primary amendment) YES: KRANICH, CUE.

NO: LADD, YOURKOWSKI, MARQURDT, FENSKE.

Motion failed

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

Motion carried.

Council’s priority for the Governor’s Matching Grant is as follows:

Priority 1. Homer Public Library Amount $101,242 Local Share $31,398

B. Resolution 02-60, Of the Homer City Council Supporting Alaska Department of Environmental Conservation (ADEC) in their Efforts to Gain Funding for Projects in the Homer Area. Mayor and Council.

CUE/FENSKE - MOVED FOR THE ADOPTION OF RESOLUTION 02-60 BY READING OF TITLE.

FENSKE/CUE - MOVED TO AMEND TO MOVE NUMBER 7 TO NUMBER 1.

There was some discussion.

VOTE: (primary amendment 1.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Council was not sure what the dollar figure should be for the Water and Wastewater Master Plan $50,000.00 to $100,00.00 was mentioned.

Public Works Director Meyer advised that Public Works has asked for a grant in the amount of $150,000.00 for the master plan, adding that this amount included a modeling of the system that is GIS compatible.

Fenske/ - Called for the question. There was objection to the call for the question.

Discussion ensued.

FENSKE/KRANICH - MOVED TO AMEND TO HAVE DOLLAR AMOUNTS IN THE PRIORITY LIST UNLESS THERE IS SOME COMPELLING ARGUMENT NOT TO.

VOTE: (primary amendment 2.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Finance Director and Acting Manager Baugh suggested that the Council review staff recommendations as were copied to them on September 19th.

Mayor Cushing called for a recess at 9:32 p.m., reconvening the meeting at 9:43 p.m.

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

Motion carried.

Council’s priority list for ADEC funding is as follows:

7. 1. Water and Wastewater Master Plan.

1. 2. Mountain View to East Hill Water Main

2. 3. Bridge Creek Watershed Land Acquisition

3. 4. Septic Tank Pumpage Dump Station

4. 5. East Hill/West Hill Main Line Extensions

5. 6. Spit Waterline Replacement, Phase IV

6. 7. Watershed Patrol Vehicle

7. Water and Wastewater Master Plan

C. Resolution 02-61, Of the Homer City Council Supporting Area-Wide Projects. Mayor and Council.

FENSKE/CUE - MOVED FOR THE ADOPTION OF RESOLUTION 02-61.

YOURKOWSKI/MARQUARDT - MOVE WE TAKE ITEM 6 TO ITEM 2 AND MOVE ALL OTHERS DOWN ONE.

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

Motion carried.

Fenske/ - Called for the question. There was no objection.

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

Motion carried.

Council’s priority list for area-wide projects is as follows:

1. Kachemak Bay Campus Facility

2. Williamsport/Pile Bay Road Rehabilitation

2. 3. Pratt Museum Fire Alarm/Porch Repair

3. 4. North Pacific Volcano Learning Center

4. 5. Homer Center for the Arts Renovation

5. 6. Homer Community Recreational Facility

6. Williamsport/Pile Bay Road Rehabilitation

7. Homer Senior Center Renovation/Expansion

Note: Staff’s list was the same as above with items 1 and 2 switched.

D. Resolution 02-62, Of the Homer City Council Adopting Capital Projects/Legislative Request for FY 2004 and Requesting Appropriate Funding. Mayor and Council.

FENSKE/YOURKOWSKI - MOVED FOR THE ADOPTION OF RESOLUTION 02-62 BY READING OF TITLE.

FENSKE/YOURKOWSKI - MOVED TO SUBSTITUTE THE RECOMMENDATIONS OF STAFF AND REPLACE THE LIST (BOTTOM LIST ON MANAGER’S MEMORANDUM OF SEPTEMBER 19TH).

Staff’s List: 1. Water and Wastewater Master Plan

2. Deep Water Dock Corrosion Control

3. Homer Public Library

4. Homer Animal Shelter

5. Fire Engine Replacement/Ladder Truck

6. Port and Harbor Public Restrooms

7. Harbor Pedestrian Ways

8. Septic Tank Pumpage Dump Station/Satellite Dump Stations

9. Police and Fire Department Radios/Pages (Merges two needs) 10. Bridge Creek Water Shed Land Acquisition

11. Deep Water Dock Construction, Phase II

12. Port and Harbor Building

13. Skyline Fire Station

14. Public Works Large Equipment Shed

15. Pioneer Avenue Upgrade

Motion (primary amendment 1.) was withdrawn by consensus of the Council

YOURKOWSKI/CUE - MOVED TO AMEND RESOLUTION 02-62 CHANGE NUMBER 1. TO WATER AND WASTEWATER MASTER PLAN.

VOTE: (primary amendment 2.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

MARQUARDT/YOURKOWSKI - MOVED TO AMEND RESOLUTION 02-62, MOVE PAGE 193 MOVE NUMBER 4. DEEP WATER DOCK CORROSION CONTROL TO NUMBER 2 AND REST SLIDE DOWN.

VOTE: (primary amendment 3.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

KRANICH/CUE - MOVED TO, PAGE 193, MOVE ITEM 10 TO ITEM 5. FIRE ENGINE REPLACEMENT AND SKYLINE FIRE STATION NUMBER 5 TO NUMBER 10.

VOTE: (primary amendment 4.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Mayor Cushing called for a recess at 10:28 p.m., reconvening the meeting at 10:37 p.m.

Councilmember Kranich clarified that it was his intent that the Fire Engine Replacement item read on the priority list as Fire Engine Replacement/Ladder Truck Upgrade.

There were no objections and this was duly noted.

LADD/CUE - MAKE MOTION PLEASE TO STRIKE DOWNTOWN RESTROOMS AND REPLACE WITH PORT/HARBOR PUBLIC RESTROOM.

Discussion regarding need for Downtown Restrooms and that the City public buildings with public restrooms are not open every day all day long.

City Manager Drathman stated that the Port/Harbor Restroom is in non compliance regarding ADA standards, needing continual repair and that it is more cost effective to construct a new restroom.

VOTE: (primary amendment 5.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

LADD/MARQUARDT - MOVED TO ADD NUMBER 14. PIONEER AVENUE UPGRADE/DOWN TOWN RESTROOMS.

Brief discussion about putting the Down Town Restrooms with the Pioneer Avenue Upgrade.

VOTE: (primary amendment 6.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

FENSKE/YOURKOWSKI - MOVED TO MAKE ITEM 15. BRIDGE CREEK WATERSHED LAND ACQUISITION.

VOTE: (primary amendment 7.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

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

Motion carried.

Council priority list for capital projects/legislative request for FY 2004 is as follows:

1. Mountain View/East Hill Water Main Water and Wastewater Master Plan

2. Deep Water Dock Corrosion Control

2. 3. Homer Public Library

3. 4. Homer Animal Shelter

4. Deep Water Dock Corrosion Control

5. Fire Engine Replacement/Ladder Truck Upgrade

5. Skyline Fire Station

6. Septic Tank Pumpage Dump Station/Satellite Dump Stations

7. Kachemak Drive Separated Pathway

8. Deep Water Dock, Berth I Fendering System Upgrade, Phase II

9. Harbor Pedestrian Ways

10. Skyline Fire Station

10. Fire Engine Replacement/Upgrade

11. East Hill/West Hill Main Line Extensions

12. Downtown Restrooms

12. Port/Harbor Public Restroom

13. Deep Water Dock Construction, Phase II

14. Pioneer Avenue Upgrade/Downtown Restrooms

15. Bridge Creek Water Shed Land Acquisition

E. Resolution 02-63, Of the Homer City Council Adopting the "City of Homer Capital Improvement Program 2003 through 2008" as the Official Six Year Capital Improvement Plan for the City of Homer. Mayor and Council.

YOURKOWSKI/CUE - MOVED FOR THE ADOPTION OF RESOLUTION 02-63 BY READING OF TITLE.

Councilmembers Yourkowski and Cue noted that a worksession was held, staff recommendations taken into account, amendments made and that this is a good representation of the City’s priorities.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

F. Resolution 02-64, Of the Homer City Council Directing the City Manager to Bring Back to the Council His Recommendation for the Location of the New City Library. Fenske/Ladd/Marquardt.

FENSKE/MARQUARDT - MOVED FOR THE ADOPTION OF RESOLUTION 02-64 BY READING OF TITLE.

There was quite a bit of discussions regarding proposed sites.

MARQUARDT/ - MOVED TO AMEND ON PAGE 199, THE MATRIX TO CALL THE STRIP, AMEND TO STRIKE STRIP AND REPLACE WITH POOPDECK.

Since the matrix is not part of the Resolution it is not on the floor for action.

Library Director Hill was asked about the Library Building Committee and responded that this is a citizen’s group and not a group of the Library Advisory Board, although some Library Advisory Board members are members of the Building Committee, and their recommendation has not been reviewed or acted upon by the Library Advisory Board. The building committee put together the matrix after evaluating each site.

LADD/FENSKE - MOVED TO AMEND ON THE BOTTOM OF PAGE 197 THE FIST NOW THEREFORE BE IT RESOLVED CLAUSE TO ADD, ‘AND ADMINISTRATION’.

VOTE: (primary amendment 1) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Clause now reads:

NOW, THEREFORE, BE IT RESOLVED by the Homer City Council that the Site Location evaluation be performed using a Site Selection Matrix, and that, the West (4) Lots on Hazel Avenue (Owned By The City) be considered along with the Recommendations of the Library Building Committee and administration; and

BE IT FURTHER RESOLVED by the Homer City Council that this evaluation be presented to the Council on January 20th 2003, for site selection by the Council in order to allow for design and fund raising to proceed during the upcoming legislative season.

FENSKE/ - Called for the Question. There was objection.

Mayor Cushing called for a Roll Call Vote:

VOTE: (call for the question) YES: LADD, MARQUARDT, KRANICH, CUE, FENSKE.

NO: YOURKOWSKI.

Motion carried.

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

NO: YOURKOWSKI.

Motion carried.

G. Resolution 02-65, Of the Homer City Council Directing the City Manager to Bring Back to the Council a Report Evaluating the Building Site Currently Occupied by the Homer Animal Shelter and those areas Immediately Adjacent, as well as any other Site the Administration Wishes to Propose, for the Location of the New Animal Shelter. Fenske/Ladd.

FENSKE/LADD - MOVED FOR THE ADOPTION OF RESOLUTION 02-65 BY READING OF TITLE.

Site locations were discussed.

MARQUARDT/LADD - PROPOSED AN AMENDMENT IN THE BE IT FURTHER RESOLVED CLAUSE, THAT OCTOBER 28 BE CHANGED TO JANUARY 20, 2003.

NOW, THEREFORE, BE IT RESOLVED by the Homer City Council that the Site Location currently occupied by the Animal Shelter be evaluated for utilization of the New Construction, along with any other site proposed by administration; and

BE IT FURTHER RESOLVED by the Homer City Council that this evaluation be presented to the Council on October 28, 2002 January 20, 2003 , for site selection by the Council, in order to allow for construction in the spring of 2003.

There was brief discussion.

VOTE: (primary amendment 1) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

YOURKOWSKI/ - MOVED TO AMEND THE BE IT FURTHER RESOLVED CLAUSE TO DELETE THE REST OF THE SENTENCE AFTER THE DATES FOR SITE SELECTION.

Motion died for lack of a second.

Fenske/ - Called for the Question. There was no objection.

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

Motion carried.

COMMENTS OF THE AUDIENCE

Steve Gibson stated that, in spite of the last hour’s performance, he wanted to sincerely thank the Council for the job that they have been doing, that he appreciates it and especially wanted to thank Councilmember Marquardt since he will no longer be on the Council.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans was not present, was on standby for the BOA as was Attorney William Walker.

COMMENTS OF THE CITY CLERK

City Clerk Calhoun had no comment.

COMMENTS OF THE CITY MANAGER

City Manager Drathman had no comment.

COMMENTS OF THE MAYOR

Mayor Cushing commented about a statement he made last meeting when he was trying to make analogies to the fire station at the top of the hill in relationship to a service area. He clarified that he in no means meant to construe that “we” are waiting on either the Library or the Animal Shelter for the formation of a service area, adding that these are completely independent. He emphasized that, in his mind, “we” are not tying either the animal shelter or the library to a formation of a service area.

COMMENTS OF THE CITY COUNCIL

Councilmember Yourkowski relayed that he had told Milli Martin, Kenai Peninsula Borough Assembly, that he would pass on her comments regarding Resolutions 02-67(S) and 66(S), to thank the Mayor for bringing those issues forward. He echoed Ms. Martin’s thanks. He voiced his opinion that setting a construction date for the animal shelter for the spring of 2003 is dreaming when a site has not been selected and the site evaluation date has been moved to January 20, 2003. He voiced his concern that the Council is tying their hands and that this will cause hasty decisions that are time dependent rather than decisions that make sense on a construction basis, which is why he wanted that last sentence removed.

Councilmember Fenske commented and responded to Councilmember Yourkowski that there has been planning and discussions going on for twenty six years about the site for the animal shelter and if “we” cannot look forward to having a new animal shelter in 2003, “we’ll” probably be looking at 2020.

Councilmember Marquardt stated that he is going to miss the Council. (He is outgoing Councilmember, not running for re-election.)

Councilmember Kranich commented about several of the Council up for election and the election will take place prior to the next Council meeting. He voiced his opinion that this has been a good working Council in recent times, been able to work out compromises and go forward for the community. He urged everyone, old and new city residents, to get out and vote.

Councilmember Ladd dittoed what Councilmember Kranich said.

Mayor Cushing encourage input on the library location.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 12:00 midnight. the next Regular Meeting is scheduled for October 14, 2002 at 7:30 p.m. The Committee of the Whole is scheduled to meet at 4:00 p.m. Special meetings are scheduled for October 7, 2002 at 7:30 p.m., to certify the election results and conduct an Executive Session, and October 14th at 7:30 p.m. just prior to the Regular Meeting, to administer the Oath of Office and seat the Newly Elected Mayor and Councilmembers. These meetings will be held in the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Approved: ______________