M E M O R A N D U M 04-60

TO: MAYOR AND HOMER CITY COUNCIL

FROM: MARY L. CALHOUN, CITY CLERK

DATE: APRIL 7, 2004

SUBJ: INITIATIVE

Ray Kranich, primary contact sponsor, and Bruce Turkington, alternate contact sponsor, and more than the ten required number of sponsors submitted an Initiative Petition application that we certified on February 3, 2004 in conjunction with the City Attorney's review.

Petitions were available to sponsors on February 10, 2004 at the City Clerk's Office, after review by the City Attorney. Pursuant to Alaska Statute 29.26.120(a)(4) the deadline for filing is 90 days, or May 10 for this petition.

The Petition was filed as a unit by the Primary Contact/Sponsor, Ray Kranich on March 25, 2004, sufficiency of signatures verified on April 1, 2004. 263 signatures were required pursuant to Alaska Statute 29.26.130(b)(1), which is 25% of the 1,051 votes cast in the last City of Homer Regular Election. The petition contains 329 verified signatures. The petition was certified on April 5, 2004.

Pursuant to Alaska Statute 29.26.170 an initiative election must be held no sooner than 45 days or later than 75 days if no regular election is scheduled for that time frame. If the governing body adopts substantially the same measure, the petition is void and the matter initiated may not be placed before the voters.

If the Council elects to not adopt substantially the same measure then a Special Election must be scheduled and held between May 20 and June 19, and on a Tuesday, pursuant to Homer City Code 4.01.040. To best meet all the deadlines, processes and procedures associated with a Special Election, in particular preclearance and public notice, Tuesday, June 15, 2004 has been selected. The primary contact and alternate contact sponsors have been contracted and have no objections to the June 15, 2004 Special election date.

The City Attorney has reviewed the ballot question and his advice has been implemented:

"Shall the Homer Zoning Code be amended by the adoption of Initiative Ordinance 04-18 to limit the footprint size of buildings the main use of which is retail or wholesale business to 66,000 (sixty six thousand) square feet in the Central Business, General Commercial 1 and General Commercial 2 Districts? (YES or NO)."