HOMER CITY COUNCIL

Session 04-08, a Regular Meeting of the Homer City Council was called to order at 7:04 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 4:08 p.m. to 5:30 p.m.

PRESENT: COUNCILMEMBERS: BECK, FENSKE, LADD, NOVAK, STARK, YOURKOWSKI.

STAFF: CITY MANAGER WREDE

CITY CLERK CALHOUN

CITY PLANNER MCKIBBEN

LIBRARY DIRECTOR HILL

PUBLIC WORKS DIRECTOR MEYER

Department Heads may be called upon from time to time to participate via teleconference.

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 additions: As backup to Ordinance 04-11, Memorandum 04-61 from Planning Commission and additional written public comments.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public comments upon any matter on the agenda except Visitor - Boys and Girls Club and Public Hearing items Ordinance 04-11, 04-13, and/or 04-14.

Mayor Cushing noted that there is a three minute time limit set.

Council asked that everyone state their residency and name for the record.

John Velsko, resident and keeps a boat in the harbor, addressed the Council regarding Memorandum 04-57, Spit Parking, noting that he attended the Port/Harbor Commission meetings and worksessions. He encouraged the Council to move slowly on the overall parking plan recommendation, that the estimated cost for implementation is $40,000.00 to $50,000.00 and may not include the installation/labor and enforcement fees. He voiced his opinion that there are some ambiguities about what entity would be responsible for enforcing the complicated fee structure. He inquired if enforcement would be done by the Police Department or by the Harbor Officers. He further inquired and voiced concerns about budgetary impacts. He encouraged moving slowly and in steps, suggesting starting the experiment with the premium parking areas first, such as at the Harbormaster Office and Salty Dawg parking lot, and the parking areas at the top of Ramps 1 - 4 where it is always congested in the summer. He recommended that the Council incorporate the $3.00 parking fee into the Load and Launch Ramp fee, which would raise, based on last year's usage, about $30,000.00 and there would be no additional cost for enforcement or collection since everything is there already. He thanked the Council.

George Meeker, resident, submitted a written report and read this into the record. He commented that although it has been a long time since he has come before the Council, he is very interested and follows their actions closely. He commended them for taking their public service seriously and their contributions toward a progressive and better Homer. He voiced his opinion, sharing experience of the past 82 years, that the actual size of commercial buildings, such as a Fred Meyer Store, should be determined by the people. He pointed out that, as in Garden City, Kansas, a large store attracts more customers to the smaller stores. He commented on other benefits of a larger store such as sales tax and property tax revenues, which will facilitate the town square development, parks, trails and other amenities. He acknowledge that Homer is going to grow. He encouraged the Council to approve the 66,000 square foot size for structures. Mr. Meeker noted that it is seldom that a town the size of Homer has the opportunity to have a, potentially, nationally known business come without requesting and receiving tax and other concessions. He expressed his opinion that this is the most fiscally responsible thing to do, to pass an Ordinance with the 66,000 square foot limitation and that it would not seem fiscally responsible to have a costly special election. He thanked the Council for this opportunity to present his suggestions and asked for their consideration.

Mayor Cushing clarified that Ordinance 04-11 has public hearing tonight, however, the associated Resolutions 04-34 and 04-35 and the Ordinance 04-17 and Resolution 04-37, regarding the initiative, may be commented upon, now, during public comments.

Al Waddell, resident, stated that he wanted to step up to the plate and mention about Memorandum 04-59, that the money not be spent for the Town Center Convention Center Feasibility Study. He noted that the fiscal situation with the City is such that zincs cannot even be put on the new dock and other situations. He relayed that he was listening to the situation that if this got on there that someone could apply for a grant, interjecting that there is a good chance that the CIRI Corporation with their 14 acres of property might be interested in developing that themselves along with a very large hotel. He commented on Memorandum 04-57, from Port and Harbor about the spit parking, that God help us and that he would hate to see the day when there are parking meters out there surround the Fishin' Hole and asked that the City not go there. He also commented on Resolution 04-34, the Community Design Manual, that this is one of he largest jokes that will ever be played on this community. He thanked the Council.

Ray Kranich, resident, addressed the Council regarding Memorandum 04-59, the study for a Convention Center, and recommended revising this so that it instructs the administration to pursue grants to fund this and then proceed, noting that it is fine to have the idea out there and to get a funding mechanism rather than to allocate funds. He urged the Council to adopt Ordinance 04-17 for first reading, that this has been supported by a petition for a special election that has over 366 signatures and over 320 certified as City voters. He advised the Council that these signatures are from old people, young people, new comers and old timers alike. He noted that adopting this Ordinance would save the City the expense of a special election and that the only other sensible option is to amend Ordinance 04-11 and insert the size limits of 66,000 in the three different zones proposed. He voiced his opinion that this will allow local residents and visitors the option of being able to purchase goods and services everyone needs and will allow existing businesses to expand and better serve all. He suggested that if neither of these steps are taken then the Council should pass Resolution 04-37, setting the date of June 15 for a Special Election. He also commented on Memorandum 0-57, pointing out that harbor stall owners now pay several hundred to several thousand dollars for a stall and that this would severely limit their ability to use what they pay for and much of the area would be limited to twelve hours. He inquired about Charter Captains and deck hands that go to their boats at 5 a.m. and don't get back until 7 or 8 p.m., if the City tow away all of their cars? He reiterated similar comments with regard to the annual sticker proposal, a $30.00 fee with no provisions for stall owners. He pointed out that there is nowhere in that plan any mention of how the public parking across the street from the Seafarer's Memorial, in front of Silver Fox Charters, is going to be cleaned up and used, asking about the criteria. He commented about the 40 or 50 foot wide strip in front of all of those businesses that is not leased that is stipulated for public parking and has not been addressed in the Spit Parking Plan. He thanked the Council for their time.

Bruce Turkington commented on Resolution 04-34, Community Design Manual, that he has read through it quite a bit, that he finds a lot of it very valuable and a lot of it very impractical and not cost effective for the stakeholders of Homer. He suggested that the Council needs to pay attention and go back and look at it at the required sidings and what is required for Planning Commission approval, interjecting as example building a house in a rural area and using of T-1-11 siding requires Planning Commission approval. He emphasized the assumption that the Planning Commission will have to set up a full time office and meetings to be able to handle all of the design criteria. He addressed the section on roofs, which requires Fire Marshall involvement. He voiced his opinion that although the manual has a lot of merit there are a lot of flaws that need to be cleaned up to make it practical for the Homer area. He cited some other areas of deficiencies in the manual such as parking lots, driveways for a single business of 15 foot that is impractical for delivery trucks, there is already problems with the poor design on Pioneer Avenue with 40 footers parked in the turning lanes day in and day out. He asked the Council to support Ordinance 04-17, that this is a compromise for the citizens of Homer from the great big box stores of 170,000 to 200,000 square foot stores up north to the 66,000 square feet and this size also fits very well with the picture at the back of the room presented to the Council and Planning Commission showing that it is a size that would fit in this community. He noted that adopting the Ordinance is a good compromise for the voters and would save time for the voters by not having an election. He advised the Council that his motivation for the 66,000 square foot never came with caring if other business came to Homer or not, the thing is that there are a lot of existing businesses in Homer that have been put on hold and in a lot of turmoil for quit some time with a 20,000 square foot cap such as Kachemak Gear Shed. He voiced his opinion that this compromise allows the existing businesses some future and some growth, adding that all businesses at some time have displaced other businesses, such as when the Lakeside Mall was built. He commented, unfortunately, it is not "our" job to protect the individual ones, it is to have an uniform code such as the 66,000 square foot, which used to be an unlimited size a short while ago. He suggested that everyone look at the land mass in Homer that could accommodate a 66,000 square foot building, noting that there are not very many parcels left. He noted that Homer is not in danger of having this size building everywhere and larger businesses will have to go outside the City limits of Homer. He thanked the Council.

Tom Bursch, resident Library Advisory Boardmember, thanked the Mayor for the Proclamation for Library Week, the hot issue on the Council agenda tonight, he thanked the Council for all the work on moving the Library project forward to this date, noting that this is pretty significant. He reported that he got involved a couple of years ago and has been really impressed with all the work that has gone into this project and that it is really exciting to see it move forward. He invited the Council, the audience and listening audience to the upcoming event the National Library Week Celebration and New Library project update on April 21st at the Homer Council on the Arts building at 6 p.m. He thanked the Council for their work and voiced a hope that he sees them at the celebration on April 21st.

Bill Smith, did not state residency and did not note residency on sign in sheet, commented that he is on the Town Center Development Committee and advised that they made the request for the feasibility study, because part of the Committee's task is to come up with a development recommendation for the Town Center area. He voiced his opinion that it seems like, as a paying project for the City, a Convention Center is it and that he is not willing to go forward with a lot of planning around that concept unless it is feasible. He noted, as the City Manager said, that any money to fund the study from a grant would probably not be available until December and that the Town Center Task Force would really like to move forward with some sort of sensible, executable plan, a key element. He commented on the Design Manual that it applies in the Central Business District and not every place else, applies to no residential uses and to residential buildings with more than twelve units and is not something to be as afraid of as some people have pictured. He mentioned the promotion of the petition initiative for 66,000 square foot print would actually allow two story buildings of 132,000 square feet. He thanked the Council.

RECONSIDERATION

None Scheduled.

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 March 22, 2004 Regular Meeting. Recommend approval.

B. Ordinance 04-12, Of the City Council, Appropriating $10,000 for Stocking the Fishin' Hole from the General Fund Fund Balance and Authorizing the City Manager to Execute the Appropriate Documents. Beck. Fiscal Note: Transfer from General Fund, Fund Balance to Account 100.112.5210, Economic Development Professional Services. Recommend introduction and that the Public Hearing and Second Reading be conducted April 26, 2004.

Moved to Ordinances as item D.

C. Ordinance 04-16, Of the City Council Appropriating up to $600,000.00 from the Homer Accelerated Roads Program Funds for Repaving Bayview Avenue, Ben Walters Lane, Kachemak Way, Main Street, Rochelle Road and for the Paving of Heath Street from Pioneer Avenue to Homer High School. City Clerk, pursuant to Council's Action on Memoranda 04-38 and 04-50, on March 22, 2004. Fiscal Note: From HARP to Expenditure Fund 160. Recommend introduction and that the Public Hearing and Second Reading be conducted April 26, 2004.

Moved to Ordinances as item E.

D. Resolution 04-32, Of the City Council of Homer, Alaska Awarding the Contract for Professional Engineering Services for Kachemak Drive Phase One and Ocean Drive Loop Sewer Projects to the firm of William J. Nelson and Associates of Kenai, Alaska in the Amount of $99,982.00 and Authorizing the City Manager to Execute the Appropriate Documents. PWD. Fiscal Note: Project number 215-826 is Kachemak Drive Phase 1 Sewer and Project number 215-827 is Ocean Drive Loop Sewer. Recommend adoption.

Memorandum 04-55, from Public Works as backup.

Mayor Cushing voiced conflict of interest and handed the gavel to Mayor Pro Tempore Fenske. After reading this item Mayor Pro Tempore Fenske handed the gavel back to Mayor Cushing.

E. Resolution 04-33, Of the City Council of Homer, Alaska Awarding the Contract for Professional Inspection Services for the East End Road Water and Sewer Construction and Replacement Project to William Nelson and Associates of Kenai, Alaska in the Amount of $64,540.00 and Authorizing the City Manager to Execute the Appropriate Documents. PWD. Fiscal Note: Project Number 215-859 is the Extension to Kachemak Drive, Project Number 215-820 is East End Road Sewer Assessment District and Project Number 215-822 is Thompson Drive Sewer Assessment District. Recommend adoption.

Memorandum 04-56, from Public Works as backup.

F Memorandum 04-58, from City Manager, Re: Lease with Kenai Peninsula Housing Initiative. AA Mattox Lot 19. Recommend approval

G Memorandum 04-59, through City Manager, Re: Town Center Development Committee Request a Feasibility Study for a Convention Center. Recommend approval.

Moved to New Business as Item B.

FENSKE/BECK - MOVED FOR THE APPROVAL AND/OR ADOPTION OF THE RECOMMENDATIONS OF THE CONSENT AGENDA. (Exclusion of Items. B, C, and G.)

VOTE: YES: NON OBJECTION UNANIMOUS CONSENT.

Motion carried.

VISITORS

A. Boys and Girls Club, Tina Marie Herford, Executive Director.

Tina Marie Herford gave a brief over view of the organization of the Boys and Girls Club and that there are now six clubs on the Peninsula. Dewaine Tollefsrud reported on the Homer Boys and Girls Club activities and plans. They both noted the great positive impact the Boys and Girls Clubs have had on young people. They thanked the City and Community of Homer for their support and lease of the Old Intermediate School Building. The Homer Club services 80% of the kids in the Homer community.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. Mayoral Proclamation, Library Week, April 18 - 24, 2004.

Library Advisory Board Chair Sue Mauger gave a report on the activities of the Library Advisory Board and its Committees, especially noting the celebration and project update at 6 p.m. on April 21st at the Homer Council on the Arts and welcomed everyone. She advised the Council that the USDA local representative was so impressed with the Board's program, project and volunteer work that the representative invited them to the opportunities forum in Soldotna on Friday to talk about their success with commitments, preparation and volunteer work.

Mayor Cushing called for a recess at 8:565, reconvening the meeting at 9:095

PUBLIC HEARING(S)

Mayor Cushing stated that there was a three minute testimony time.

A. Ordinance 04-11, Of the City Council of Homer, Alaska Amending Homer City Code Chapters 21.32 Definitions, 21.42 Zoning Permit, 21.48 Central Business District, 21.49 General Commercial 1 District, 21.50 General Commercial District 2, 21.52 Marine Commercial District, 21.53 Marine Industrial District, 21.61 Conditional Use Permits, Adding Sections 21.61.105 Requirements for Large Retail and Wholesale Development More Than 15,000 Square Feet in Area, and 21.61.110 Standards for Traffic Impact Analysis. Planning Commission as directed by Mayor and Council. (First Reading March 8, 2004, Public Hearing March 22, 2004, Second Public Hearing and Second Reading April 12, 2004.)

Councilmember Novak proposed amendment.

Planning Commission Resolution Recommending Amendments

Addition: Memorandum 04-61, from Planning Commission with amendments.

Frank Griswold, resides within the City, stated that Ordinance 04-11 is poorly constructed, it is the seawall⁽¹⁾ of zoning ordinances, the City saved a lot of money by heavily relying on the Planning Commission to put this ordinance together and even more by not providing the Commissioners with professional training. He declared that down the road the resulting flaws in this ordinance could cost the City plenty. He asserted that Ordinance 04-11 is way more complicated then it needs to be and that the Commission was sent out for a loaf of bread and brought back an elephant. He noted that a comprehensive review of the entire zoning code is arguably justified and that the immediate and pressing issue is to establish standards for large and wholesale stores. He stated that all the Commission needed to do was make big stores a conditional use and to set size limits for this use within the various zoning districts. He emphasized that simply complying with the Community Design Standards should not guarantee the granting of a conditional use permit and that in some cases additional conditions may be required to minimize or eliminate adverse effects. He referred the Council to "Conditional Uses and Comparison of Variance and Conditional Use" by Attorney Lee Sharp, interjecting that he hoped the Council got this and that he asked that this be provided as a lay down and that he did not see this document in the back of the room. Using that document, Mr. Griswold relayed that Lee Sharp states that the purpose of a conditional use to "deal with uses that have a particular potentially adverse impact on the surrounding area that cannot be pre determined and controlled by general regulations." He voiced his opinion that the Homer Community Design Manual does attempt to predetermine and control adverse impacts and if this is sufficient for all cases, including applications for big box stores along Pioneer Avenue, the use should be a permitted use not a conditional use. He continued, according to Attorney Sharp a conditional use permit is used to "ensure that such uses will be compatible with surrounding development by placing conditions on the use to minimize or eliminate adverse impacts" and "while conditional uses provide flexibility in regulating land use they generally are not meant for the purpose of relaxing standards that would otherwise apply, but are for the purpose of imposing additional restrictions." Mr. Griswold stated that it would follow that where adverse affects cannot realistically be minimized or eliminated the conditional use should be denied and that Ordinance 04-11, as written, gives the impression that a conditional use permit for a big box store is an absolute right. He cited Homer City Code 21.61.010, that nothing herein shall be construed to require the granting of a conditional use permit, and that similar language or a citation to this provision should be included within the text of Ordinance 04-11 to clarify this issue. He relayed, as he points out in his letter on page 177 of the packet, that relaxing set back requirements should never have been part of this ordinance and that the current set back requirements are not unduly restricted in the Central Business District or elsewhere. He advised that he sees this as an attempt to replace the exemption variance, with a conditional use permit, that was deleted from the City Code, because it was in violation of State Statutes. He commented that he should be happy that his Central Business District property was included, where other properties along Lake Street and the Sterling Highway have not been included and that this creates another subzone for no good reason. He referenced the City Attorney's letter that says that if this Ordinance is based on legitimate public policy and bears a reasonable relationship to advancing that policy then it should survive legal challenge. Mr. Griswold asserted that there is no legitimate public policy for relaxing set back requirements in the Central Business District, there are none identified within the Ordinance whereas clauses and that this section should be deleted entirely. He concluded that some of the standards in the design manual are highly subjective, overly restrictive and inconsistent with existing code and accepted practices. He cited the example of limiting fences to a height of three feet unless the code provides otherwise and that chain link construction is discouraged. He voiced his belief that the Planning Commission recently approved a Conditional Use Permit for a seven foot high chain link fence at Main Street and Danview Avenue. He recalled that the Council passed an Ordinance in 1998 that mandated the construction of an eight foot high fence to hide junk cars and automotive debris along Main Street, the Bypass (Sterling Highway) and Pioneer Avenue. He noted that four foot high fences are allowed in residential neighborhoods and that fencing is required for some day care facilities. He asserted that a three foot high fence would not prevent children from running out into the street and that chain link fences often look better than dilapidated wooden fences. He advised the Council that there is a storm brewing and that he hopes the Council will take the time to shore up this Ordinance so that it fairs better than the Seawall.

Kathy Smith, City resident, read a short letter and said that since she last attended a meeting she wrote a letter to a Councilmember or a Planning Commissioner and that she realized that she does not fully comprehend the recommendations of the Commission regarding foot prints and a size cap. She voiced appreciation for all of the hard work that has gone into the making of these Ordinances and that she cannot support something that she does not understand. She told the Council that she does support local businesses that keep profits within our community, a size cap in the Central Business District that allows a building of 30,000 square feet total or less, a well planned Town Center that is pedestrian friendly and a slow and measured growth of business that is in keeping with the growth of the local population. As a City resident, she pointed out that the quality of her life as well as her livelihood as an artist is directly impacted by decisions made by this Council, that may alter the unique flavor and feel of small town living that is vital to both tourism and daily life in Homer. She asked the Council to please help keep Homer one of the best small towns in America. She thanked the Council.

Valerie Connor, resident, thanked the Council for their attention to Ordinance 04-11 and their willingness to accept and adopt the new standards. She commented that, although some may view the changes as restrictions, she sees the changes as opportunities to make Homer an even nicer place to live, work and play. She voiced realization that there are many complexities associated with the new standards, codes and Design Manual and that the basic intent seems to be to encourage responsible development. She noted that so many American towns and cities have become cold, heartless places, lacking the vision. She described these communities where the people are alienated and fearful, driving everywhere, not knowing their neighbor's names, spending thousands of dollars protecting their stuff with security systems and insurance. Ms. Connor suggested that the American community is broken down, there is no support, no accountability, and no responsibility. She voiced her thought that the communities are suffering partly because of the way the towns have developed, losing the human element that face to face contact with neighbors and the natural world. She advised that, although, she is greatly encouraged by the changes that Ordinance 04-11 proposes she does not think it goes far enough and that she would like to see language that encourages existing developments to comply with the new standards, more directive for new subdivisions to include open spaces and connecting pathways to encourage more non motorized transport. She emphasized that there should be incentives for all developments to plant trees and to protect drainages. She maintained that all residents of the area must be considered, not just self. She proclaimed that part of the quality of life for many Alaskans is sharing the space with animals, birds and plants, declaring that this is part of the people's responsibility, to keep a space for them too. She asserted that if this space is not provided the animals, birds and plants will disappear as has happened in so many other places. She voiced a preference for a small cap size then has been suggested for wholesale and retail developments and also a limit on the number of large buildings per lot. She relayed her thought that these concepts will help ensure that Homer remains a nice place to live even as growth and change take place. She thanked the Council. She told the Council that she guesses she is a little confused by this Ordinance 04-17, for a foot print of 66,000 and if that means it can be 132,000 square feet, which does not sound like much of compromise to her.

Sam Smith, non resident and daily operator of a business in Homer, requested and thanked this board for all of their good works, which should be acknowledged as Brother Asaiah used to do frequently. Mr. Smith advised that he had lived in various parts of the Country, has been in Homer about eleven years and has lived in places where cities have gone down and gotten into urban renewal and had to hire all kinds of consultants to come and make the city appear to be a small town. He noted that this has happened over and over again. He emphasized that Homer is a blank canvass, so to speak, and encouraged the Council to keep that small town feeling and the value of what is existing here today. He thanked the Council, from his heart, for all the good works that he knows they are doing, recognizing that it is a hard job and that they are doing a good job. He urged the Council to just keep that feeling as far as Homer goes, to carve out the green spaces the way Council wants them rather than having to rip out concrete, like in California.

Bruce Turkington advised that he has been a resident for quite a few years, before there was a hospital in Homer in the days when one had to go to Seward or Seldovia. He concluded that growth has happened citing two examples: New hospital, old one will probably be torn down during construction this fall. Schools - there used to be one school in Homer grades 1 - 12, the building adjacent to the old school that currently houses the Boys and Girls Club. He advised that the reason he got behind the initiative was because he felt there was a need for a compromise with the big box stores and confirmed that it is feasible with the footprint criteria to get a two story building in a commercial zone. He noted that there is a lot of criteria that helps protect the City of Homer landscape; such as parking lot size, landscaping, open space and a lot of other requirements in the zoning laws that give that protection. He expressed his feeling that the retail and wholesale was very discriminatory and that he has not seen anyone here testify, in all the meetings so far, on the unrestricted size for a new convention center or hotel, that this could be a 400,000 square foot hotel and 100,000 square foot convention. He inquired why should any other user have unrestricted use of the down town landscape, which is more likely to happen than big box stores coming to Homer, even though one is talking about it. He stated that he really does not care if Fred Meyer or anybody else comes and that he feels the businesses here need to be protected to continue to grow. He noted that his business, Spenard Builders Supply (SBS), was one of the first on Lake Street and that their current facility has had four major additions and there is an old section and a new section. Although they have no real aggressive plans; however, he stated that they should have the right to be able to go ahead and to continue to grow and help the community with full time employees and be a benefit here. He interjected that SBS also generates a lot of revenue for the City of Homer and that they always have. He commented about other big users here in Homer such as the Lake Side Mall, which was built 25 years ago with a need envisioned, at that time, for a 30,000 square foot building, and wondered if it is therefore unreasonable to think that somebody might need a little bit more space. He pointed out that to keep competitive in the market place there are shipping requirements and growth opportunities and to keep the people in Homer happy. He reiterated the growth in Homer and has one of the oldest aging populations in Homer and suggested that the borough stats be reviewed. He asserted that this group of individuals are not willing to drive 160 miles on a regular basis to buy stuff. He noted that the petition has 363 signatures, 323 of which were validated. He suggested that the Council look at those which were not validated and that they will find that it is mostly a spelling error, and is just a technicality. He assured the Council that this is a very small amount of the percentage of people that the sponsors could have got to sign. He advised the Council that the signers were told that they did not need to show up at the meeting tonight, that their signature made the statement. He relayed that the sponsors were also out talking to people and that this issue has a lot of support and assured the Council that this list would have been well over 600 to 700 signatures, more than enough to get elected. He agreed that some people do want a smaller cap. He voiced his opinion that the 66,000 square foot cap is a good compromise and hoped that the Council would adopt it and that it has the community support. He, referring to page 150, on the outside storage, item 15, stated that he has a real problem with outside storage counting toward square footage. He cited Ocean Drive, the new car dealer and that all the cars sitting outside have to count toward the square footage of his building. He commented about the Wagon Wheel's landscaping business, which has been there for many years, would have all of the outside merchandise, by the proposed definition, would count toward their square footage of their building and would probably be in non conformation at the current location. He pointed out that there is enough protection in other areas and this item should be stricken out of there period. He voiced his hope that the Council would adopt the Ordinance with the changes suggested.

Laurie Coates, resident, voiced support of the larger sized store and that it is only fair, that there are a lot of businesses in this town that have a large size and does not see that they should have an advantage, because they are established, over the new guy coming in. She stated that Homer is supporting Ulmers, Kachemak Gear Shed or whomever, which are a lot more that 25,000 or 30,000, and that Homer should be able to support any other new businesses coming in. She asserted that the size limit has to be equal on all playing fields and that if a new business, such as Fred Meyer, comes in it should be welcomed inside the City limits. She emphasized that if these big businesses go outside the City limits that is financial suicide with regard to the tax dollars. She expressed her feeling that this is a good compromise on the size.

Edward Blickhahn, resident, advised that he retired here, because he thought this a marvelous community and that he does love it here. He stated that he has no pension, no profit sharing coming in and that he is living off of social security and gets $1,010.00 per month, or $12,120.00 per year. He testified in favor of a little bigger shopping selection here, which includes the bigger stores for the 66,000 square feet and that he estimates that it costs him roughly $25 to go to Kenai and Soldotna every couple of weeks or $650 a year. He voiced his opinion that this is ridiculous, that he would like to be able to shop closer to home, conveniently for the items he needs. He noted that traveling to Kenai, to him, is a ridiculous waste of time and that he figures that he spends 104 hours in travel each year that includes the wear and tear on his vehicle about 5,200 miles per year just to get there to shop. He told the Council that he thinks this is ludicrous. He noted the potential of accident or injury by having to travel the heavy traffic Sterling Highway and some pretty bad road conditions part of the year. He voiced his preference to shop two minutes away, in Homer, and that he is definitely in favor of a larger store in Homer and being able to shop near home and in favor of the City Council passing an Ordinance for the larger 66,000 square foot store. He thanked the Council.

Steve Gibson, resident, commented that one of the reasons that the City is having so much growth right now without any obvious industrial base, is because it is a nice place to live. With all indifference to the previous three speakers, he stated that prices in this town, except for limited items and contrary to public rumors, are not that atrocious. He relayed his experience of shopping Home Depot for lumber and shopping Bruce Turkington's store for lumber and found, in many cases, some really competitive prices at Bruce's store, interjecting that these are a lot of big bulky items that he does not really need to drive a big pickup truck up to Kenai to obtain or to Home Depot, Lowes or CostCo in Anchorage. He expressed gratefulness that he can shop competitively here and that if he can do that and still live in a town that is a desirable place to live then he is cutting a fat hog and really has it made. He voiced concern that as soon as people start worrying about nickels and dimes too excessively and all of a sudden start saying that $600 a year or $60 a year and change the character of the town, of the Central Business District then that is short sighted and a mistake. He expressed his hope that the Council would consider keeping the flavor of the town, especially the Central Business District within the constraints that it roughly is, adding that there are not a lot of excessive violations of 30,000 to 35,000 square foot norm as it stands now with respect to the stores that are already grandfathered in. He thanked the Council.

Geoff Coble, resident, voiced agreement with Steve Gibson and extended those comments to groceries, noting that there are three grocery stores that are legitimately competing with each other. He reported that sometimes groceries are cheaper in Homer than in Anchorage. He advised that he wants to be more philosophical and that he likes to think of Homer as a business as a gradient and that people want to come here because it is beautiful, it has halibut, and because the town is different. He commented on a community in western Kansas, 17 miles north of the highway that goes through western Kansas and Colorado and it became the Chicken Dinner capital and people traveled 17 miles out of their way to go have a Chicken Dinner in this community. He suggested that if Homer maintains its diverse business community as part of the attraction for Homer then that just adds another reason for more economic activity. He voiced his belief that box stores are a good way to keep prices down and even some of the people against box stores, like himself, do end up shopping there. He commented that the conditions that cause those prices to be as low as they are, is something that if people were aware of how that happens would find themselves supporting things that they don't believe in. He objected to encouraging sprawl and that these entities do buy land that is cheap and tends to be on the outskirts of development. He expressed his feeling that this is not an efficient way of developing things and people who are calling for larger building foot prints might get competition that will just stomp on them.

Mike Coates advised that he is present to support his wife. He commented on looking at a Pioneers of Alaska Book in Homer, that he saw the dirt roads, trees on Pioneer Avenue, and that during that time people probably did not want changes. He pointed out that change cannot be stopped and that the only thing to do is to adapt. He recalled listening to people testify about the prices up the road versus down here and that Homer prices are pretty much the same as Anchorage, and conceded that maybe that is true; interjecting that this is the box store's problem and not Homer's. He suggested that half of the people testifying should apply to Fred Meyer or WalMart and say that they have a good business direction and these people could be making $100,000.00 per year. He voiced his opinion that if a Fred Meyer or WalMart wants to come into town they should do it, it is a free country, he supports the 66,000 square foot thing and if Fred Meyer or WalMart does not know what to do they'll leave, Homer will have a building and the Council can have their Convention Center.

Gert Seekins, resident since 1969, advised that she is one of those who signed the petition for 66,000 square foot building and that she firmly and strongly believes in free enterprise and believes whoever is coming in for a big box store needs this size she is happy that Homer can, perhaps, give them this size. She voiced agreement with Mr. Meeker's and Mr. Turkington's comments that if the limit is on these businesses may go outside the City limits. She stated that these businesses will bring in more sales tax and more property tax, which will be advantageous for the City of Homer. She noted that "they" have been involved in free enterprise all the time, made their money in Homer, spend their money in Homer and hardly ever get anything up the road. She stated that she believes in supporting one's home town of beautiful Homer. She thanked the Council.

Al Waddell, resident, stated that Ordinance 04-11, unfortunately, reminds him of 9/11, that it is a disaster. He apprized the Council of his belief in free enterprise and in anyone that wants to come to this town to build something or do something that promotes with their own free money. He commented about the new bank and that he does not believe the new bank asked the other banks if it could come to town or if it asked Planning and Zoning if it could come to town and if there could be three banks in this town. He complimented the beautiful appearance of the new bank building and that they did a really great job. He relayed that his wife has asked the two old banks if they would ever be open on Saturdays so that they could get change and was told absolutely not; however, they are now open on Saturdays. He voiced his opinion that basically this helps everybody in town and that he does not believe that any of those tellers or anybody else in the new bank necessarily came from the other two banks, therefore, an ultimate gain as far as population, tax base and more services to town. He agreed with Mr. Griswold that the Planning Commission brought the Council back an elephant. He commented that the Central Business District is the Central Business District, this is what it was zoned for, not a warehouse avenue or anything like that. He said that it is kind of difficult, in many respects, listening to restricting business, which is not necessarily the Council's job. He inquired of the new Hockey Association down there needed 57,000 square feet in order to play their games shouldn't they be entitled to that size? He further inquired about the hospital, and that if it needed more rooms shouldn't it be able to be designed that way. He emphasized that a building is a building is a building is a building. He suggested that if the Council really wants to control what is going on in town, probably in America, the real control should be birth control, because if there are no children and no one moving to Homer, no more stores, no more housing, no more food, no more clothing, no more services will be needed; however, it does not work that way. He observed the difficulty of the language in the whereas that says the Commission considered selecting optimum, maximum, large retail and wholesale sizes from 20,000 to 50,000 square feet with standards in all commercial zones. He likened this to asking a doctor if you have cancer? He explained that what he is saying is that if something is assigned that is the definition that will be viewed. He commented on the whereas that the Commission considered property rights throughout the zoning districts and how the proposed standards and size limitations might create or cause undo hardship or loss to property owners. With regard to his six acres, Mr. Waddell emphasized that he keeps telling the Council this same thing, and that he cannot see a 135,000 square foot building on that six acres, that he just does not see it and that it does not make any sense. He wondered what he is supposed to do with the rest of it, have a wonderful parking lot or a bunch of offices, that don't make the rent as do retail or wholesale. Regarding another whereas clause, he read that where as the Commission reviewed and considered design manuals from other communities and is in the process of developing such design manual for the City of Homer to assist developers and property owners in navigating the new standards within the Code. He told the Council that this is not Carmel, California , which is a wonderful, beautiful place to live, pointing out that all millionaires live there and don't have to scratch out a living as most of the people who are sitting in this audience. He voiced his thought that the referendum that was put out for the 66,000 square feet is at least a chance to get it part way there and that he really feels at the same time for CIRI, because those people have 14 acres over there. He encouraged discussions with CIRI, before too much more planning on the Town Center, to ascertain if CIRI is really wanting to give away their property, for free or for some fee to the City. He advised that there are probably a few other people in town that have acreage, he being one of the largest, and that he does not want to divide up that property that has been in his family since 1953. He urged the Council to look closely at the 66,000 square feet, which is a compromise. Mr. Waddell asked the Council to look back at the minutes of the meeting where the Chamber of Commerce lady, Julie Woodworth, indicated that there were five bullets, in the document, from the Chamber of Commerce that were not addressed such as fairness in business and so forth. He thanked the Council.

Teresa Connor, resident, voiced support of Ordinance 04-11 and of the standards presented by the Planning Commission and urged the Council to consider everything that was brought forth. She shared her hope that as Homer grows and changes this would be done in mindful way. She urged the Council to go forward with the standards and thanked the Council very much.

Bonnie Jason, resident, testified that 66,000 sounds immense to her, that she came to Homer expressly because it was one of the most inconvenient places that she could find. She reported that she shops here and not in Soldotna and that there are very few things that she wants for that she cannot find in Homer. She stated that she would much rather say hi to Leslie or Barb or Lee and spend a little money, a little more money at their stores rather than go up to Fred Meyer, where somebody stands there at the check out who does not give a darn about her. She voiced her hope that the Council will do everything in their power to keep Homer the small town that she really wanted to live in. She thanked the Council, adding that this is all she wanted to say.

Dave Stutzer, non resident, reported that he does most of his shopping here, does quite a bit of work here and pays taxes. He gave everyone who is listening and possibly the Councilmembers, although they are probably aware, a scale for the 66,000 square feet, that the Safeway building, including all the little shops, is approximately 32,000 square feet and the Lakeside Mall is about 31, 0000 square feet. He stated that the 66,000 square feet is twice that with all the attached parking that is necessary and the increased traffic, with associated problems, which is something to consider. He noted the traffic problems with the Island and Oceans Visitor Center. He voiced his thought that the important thing is that people know what they are voting on with regard to the 66,000 cap and that they have an idea of that size. He addressed Mr. Turkington's comment that businesses have come and displaced other businesses and about delivery and storage space needs, which is what will happen if a big store comes in. He voiced agreement with Steve Gibson and that he has been up in Anchorage at the Home Depot and called the store here to check the price, which was, in his case, $2.00 less per item and that he needed a quantity of 50. He said that he just does not get it, spending the gas to go up the road when one can get that item in Homer. After a few side comments Mr. Stutzer stated that the real question is what do people want the town to look like. He suggested that everyone forget all the dollar and cents arguments, wanting cheaper groceries, cheaper products and more selection. He emphasized that the market is going to determine what is here and that the size of the store has nothing to do with it. He voiced his opinion that a 35,000 square foot facility is plenty. He suggested that if the Council can do something about the election thing to not even worry about it, that 66,000 is way too big and to think about what the Planning Commission has advised them. He noted that the Planning Commission has done a fine job, there is just some fine tuning that is needed and that the Council ought to go with it. He thanked the Council for their time.

Tom Young, resident, testified that his opinion is still the same and that he would like to support the Planning Commission's recommendations. He stated that he has thought about this quite a bit and that there are good arguments from both sides and that the pros for the Planning Commission's recommendation are better. He suggested that if the City has the larger size cap it could be a one way street and it can't go back, but if this does not move ahead it can be done later. He testified in favor of the small size cap and the Planning Commission's recommendations. He thanked the Council.

Sonja Martin Young, resident, testified in favor of the size cap, that Homer is such a lovely small town and that she just loves all the small independent businesses. She told the Council that she has lived in other places before where a lot of chain stores and big business have come in and that it really does change the feel of the place. She advised the Council that she left here for a while to go to school and when she had a choice to come back she thought about the community and the feel of it and that was what really brought her back, that she would hate to lose that and that keeping the size cap small will help. She voiced her desire for Homer to grow slow and sensibly.

Larry Slone, resident, voiced general support of Ordinance 04-11 and support of the 66,000 square foot size cap. He voiced is opinion that there is nothing special about Homer, that if you took Homer out of its environment and plunked it down in the middle of the Kenai Peninsula somewhere, about half of the people would leave town, permanently, in about a year. He commented that Homer's environment is the draw and a perfect example is the picture on the wall behind the Council of the Kachemak Bay area. He noted that the town is a small segment of the large picture and the whole environment is what draws people to this area and will continue to do so for by the thousands for the next 20, 30, or 40 years and those people have every right to have an environment that is suitable to them, which means they are going to demand, almost certainly, better shopping conditions. He stated that it would be, therefore, totally unnatural to try to restrict their options by restricting the size of retail and wholesale stores. He voiced his opinion that the Council ought to let nature take its own course and expand the size cap up to 66,000. He thanked the Council for listening.

Jenny Stroyeck, not a resident, commented that she has a letter in the packet. She said that 66,000 square feet seems like an awful lot and 132,000 square feet seems like totally astronomical. She relayed her thought about what happens if there are four 66,000 square foot buildings. She voiced agreement with Mr. Young, that it is a one way street. She thanked the Council.

Lee Post, resident, testified that he is here for the 5,000 petitioners that he told not to come tonight, the tourists, and that they did not need to come since he would speak for them. He pointed out that the tourists come to Homer for the same reasons the Councilmembers came to Homer, because it is a unique place, a beautiful place and it does not look like just any place U.S.A. He shared his travel experience and that he went to some places USA and that it is pretty pathetic and pretty bad how some any place USA places can get to looking. He relayed finding it hard to find a local restaurant and everything was a chain store restaurant. He voiced dissatisfaction with the common theme of people talking about what is up the road. He commented about reading a thing that came to his store from the Chamber of Commerce for the Kenai and Soldotna area and they were complaining about all the people going up the road to Anchorage to shop. He recalled working in Anchorage and people always complaining about going to Seattle to shop. He noted that across the Bay in Seldovia people are always talking about people coming over to Homer to shop. He concluded that this is the evolution of mankind is that people go up the road and that he goes up the road to go to the box stores, sometimes, but more to get out of town. He noted sometimes that is the problem with small towns, that you just gotta get out of it for awhile. He stated that the main thing that he wanted to bring up is the Comprehensive Code of Homer, which is some kind of document written up by some people who were not politicians, necessarily, and were not special interest groups looking for exemptions so they can keep the competition out or whatever their special interest. He noted that this document says that the City shall work with private business and property owners to ensure that the unique cultural identity of locally owned and developed small business is not lost to national marketing and branding identities. He commented that he is always a little confused, but this sounds like this group has been given some kind of instructions to try to preserve local culture and the identity of Homer, which is what, pretty much, everyone is here for.

Mayor Cushing called for a recess at 9:11 p.m. and reconvened the meeting at 9:24.5 p.m.

YOURKOWSKI/BECK - MOVED FOR THE ADOPTION OF ORDINANCE 04-11 BY READING OF TITLE.

FENSKE/YOURKOWSKI - MOVED TO AMEND TO ADOPT BOTH THE RECOMMENDATIONS OF THE PLANNING COMMISSION. (RESOLUTION AND MEMORANDUM 04-61)

Recommended amendments are as follow, language that has strike out is being deleted and language with bold underlined is being added.

21.32 Definitions

21.32.249 Islands. "Islands" when used to describe landscaped areas within parking lots, means compact areas of landscaping within parking lots designed to support mature trees and plants.

21.32.450 Setback. "Setback" means the required minimum distance between the lot line and the closest point of a building to the lot line. This establishes an area in which no building is allowed. building line.

21.32.471 Stand-Alone Business. "Stand-alone Business" means a business establishment that operates independently of every other business establishment within the same structure. If business establishments share entrances (excluding mall entrances), floor space, storage areas, trade fixtures, equipment, check stands, management, controlling ownership interests, they are not operated independently of one another.

21.48. Central Business District

21.48.040 Dimensional requirements

(b) Building Setbacks.

(1) All structures Buildings shall be setback 20 feet from all dedicated rights-of-way, except as allowed by subsection (4).

21.48.040(e)(1)

e. Building Area and Dimensions - Retail and Wholesale.

1.For buildings that contain retail or wholesale uses, one stand-alone retail or wholesale business shall not exceed 30,000 square feet of floor area within the structure. Additional stand-alone retail or wholesale businesses shall not exceed 5,000 square feet of floor area per business within the same building. The total square feet of floor area of retail or and wholesale business square uses within a single building shall not shall not exceed 35,000 square feet.

21.49 General Commercial 1

21.49.040(e)(1)

e. Building Area and Dimensions - Retail and Wholesale.

2. In that area east of Alder Lane, identified as the East End Road GC1: the total square feet offloor area of all stand-alone retail or and wholesale business uses within a single building shall not shall not exceed 45,000 square feet.

3. In that area west of Baycrest Park, identified as Scenic Gateway GC1: the total square feet offloor area of all stand-alone retail or and wholesale business uses within a single building shall not shall not exceed 20,000 square feet.

21.50.040 General Commercial 2

21.50.040(e)(1)

e. Building Area and Dimensions - Retail and Wholesale.

21.52.040 Marine Commercial

21.52.040(e)(1)

e. Building Area and Dimensions - Retail and Wholesale.

1.For buildings that contain retail or wholesale uses, one stand-alone retail or wholesale business shall not exceed 20,000 square feet of floor area within the structure. Additional stand-alone retail or wholesale businesses shall not exceed 5,000 square feet of floor area per business within the same building. The total square feet of floor area of retail or and wholesale business square uses within a single building shall not shall not exceed 25,000 square feet.

21.53.040 Marine Industrial

21.53.040(d)(1)

d. Building Area and Dimensions - Retail and Wholesale.

21.61 Conditional Use Permit

21.61.105 Requirements for large retail and wholesale development more than 15,000 square feet in area.

1. Standards

15. Outdoor Sales and Storage. Areas for outdoor sales of products may be permitted if they are extensions of the sales floor into which patrons are allowed free access. Such areas shall be incorporated into the overall design of the building and landscaping. The areas shall be permanently defined and screened with walls and/or fences. Materials, colors and design of screening walls/fences and their covers shall be complementary to those of the primary structure. TheseOoutdoor sales and storage areas shall be considered as part of the gross floor area of the establishment. Outdoor storage must be screened from view from adjacent streets and parcels, and must be more than 40 feet from a building. Such outdoor storage, whether covered or not covered, shall not be counted as part of the floor area of the building.

Proposed 21.61. 105(f) and (l)(2) Community and Economic Impact Analysis:

2. Community and Economic Impact Analysis. At a minimum the community and economic impact analysis shall include, based on a horizon year of 25 10 years, the following

There were some brief comments.

STARK/FENSKE - CALLED FOR THE QUESTION.

VOTE:(call for the question) NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

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

Motion carried.

Council discussed the process of making amendments and decided to make small individual amendments rather than large amendments. Councilmembers Ladd and Stark submitted spreadsheet formats of their proposed amendments.

LADD/FENSKE - MOVED TO INSERT A WHEREAS ON LINE 149, WHEREAS, the Homer Comprehensive Plan includes an action item to assess the efforts that could be undertaken by the City to keep major business activities in the CBD.

There was little discussion.

VOTE: (primary amendment 2) YES: STARK; LADD.

NO: YOURKOWSKI, NOVAK, BECK, FENSKE.

Motion failed:

NOVAK/STARK - MOVED TO AMEND TO ADD DEFINITION LINE 702 TO READ: INDEPENDENT BUSINESS, "INDEPENDENT BUSINESS" MEANS A BUSINESS ESTABLISHED THAT OPERATES INDEPENDENTLY OF EVERY OTHER BUSINESS ESTABLISHMENT. IF RETAIL AND WHOLESALE BUSINESS ESTABLISHMENTS HAVE COMMON MANAGEMENT OR COMMON CONTROLLING OWNERSHIP INTERESTS, THEY ARE NOT OPERATED INDEPENDENTLY OF ONE ANOTHER.

STARK/FRIENDLY AMENDMENT - TO CHANGE NUMBER OF IMPOUND YARD DEFINITION TO 21.32.246 AND INDEPENDENT BUSINESS BECOME 21.32.247.

There was no objection to the friendly amendment.

There was some discussion about this restricting ownership within the zone.

VOTE: (primary amendment 3.) YES: YOURKOWSKI, STARK, NOVAK, BECK.

NO: LADD, FENSKE.

Motion carried.

STARK/YOURKOWSKI - LINE 941, MOVED TO CHANGE WORD 'SEWER' TO 'STORM DRAIN'.

Reads: 21.32.361 Oil water separators. "Oil water separators" means passive, physical separation systems designed for removal of oils, fuels, hydraulic fluids, and similar products from water. They are generally large-capacity, underground cement vaults installed between a drain and the connecting sewer storm drain pipe. These vaults are designed with baffles to trap sediments and retain floating oils. The large capacity of the vaults slows down the wastewater, allowing oil to float to the surface and solid material to settle out.

There was no discussion.

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

Motion carried.

STARK/NOVAK - LINE 1068 MOVED TO DELETE 'BY MEANS OF A PERMANENT POOL OF WATER.

21.32.423 Retention structure. "Retention structure" means a permanent structure that provides for the storage of runoff. by means of a permanent pool of water.

There was some discussion.

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

Motion carried.

STARK/LADD - MOVED TO AMEND TO SUBSTITUTE CITY ENGINEER FOR PUBLIC WORKS DIRECTOR.

There was brief discussion pro and con, Mayor Cushing emphasized that the Public Works Director is the City Engineer.

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

Motion carried.

STARK/LADD - MOVED TO REPLACE 35,000 WITH 45,000 AND ELIMINATE 3RD SENTENCE IN THE CBD (Central Business District).

There was no discussion.

VOTE: (primary amendment 7.) YES: STARK, LADD.

NO: NOVAK, BECK, FENSKE, YOURKOWSKI.

Motion failed.

LADD/STARK - MOVED ON THE SAME AREA TO AMEND THE LASTS SENTENCE IN LINE 1619 TOTAL SQUARE FEET SHALL NOT EXCEED 66,0000 AND STRIKE LINES1622-1625 (E.1.) (CBD)

FENSKE/ - CALLED FOR THE QUESTION.

Call for question dies for lack of a second.

There was some discussion.

VOTE: (primary amendment 8.) YES: STARK, LADD.

NO: YOURKOWSKI, NOVAK, BECK, FENSKE.

Motion failed.

NOVAK/BECK - MOVED TO AMEND LINE, HCC 21.48.040E.1. AND REPLACE 1615 THROUGH 1621 WITH (CENTRAL BUSINESS DISTRICT), 21.48.040(E)(1). E. BUILDING AREA AND DIMENSIONS - RETAIL AND WHOLESALE 1. FOR BUILDINGS THAT CONTAIN RETAIL OR WHOLESALE USES, THE TOTAL SQUARE FEET OF FLOOR AREA OF RETAIL AND WHOLESALE BUSINESS WITHIN A SINGLE BUILDING SHALL NOT EXCEED 35,000 SQUARE FEET. NO SINGLE INDEPENDENT BUSINESS ESTABLISHMENT WITHIN THIS ZONING DISTRICT SHALL EXCEED 35,000 SQUARE FEET OF FLOOR AREA, REGARDLESS OF THE NUMBER OF BUILDINGS UTILIZED.

There was some discussion.

VOTE: (primary amendment 9.) YES: NOVAK.

NO: FENSKE, LADD, YOURKOWSKI, STARK, BECK.

Motion failed.

STARK/LADD - MOVED TO AMEND LINES 1732, 1747, IN FOUR PLACES CHANGE IN FOUR PLACES 3 DAYS TO 7 DAYS. (NO SOILS SHALL REMAIN UNSTABILIZED FOR MORE THAN 3 DAYS.)

There were a couple of comments.

VOTE: (primary amendment 10.) YES: LADD, STARK.

NO: BECK, FENSKE, YOURKOWSKI, NOVAK.

Motion failed.

STARK/LADD - MOVED TO AMEND LINE 1898, LANDSCAPING BUFFER TO AMEND FROM FIFTEEN FEET TO FIVE FEET.

There was no discussion.

VOTE: (primary amendment 11.) YES: LADD, STARK.

NO: NOVAK, BECK, FENSKE, YOURKOWSKI.

Motion failed.

There was discussion regarding traffic islands and dividers.

STARK/LADD - MOVED TO AMEND LINE 1901, TO CHANGE THE DIVIDERS AND ISLANDS FROM 10 PERCENT TO 5 PERCENT.

There was no further discussion.

VOTE: (primary amendment 12.) YES: STARK, LADD.

NO: NOVAK, BECK, FENSKE, YOURKOWSKI.

Motion failed.

Council discussed the design manual and the associated conformation.

STARK/LADD - MOVED TO AMEND LINE 3061 (HCC 21.61. 020 h.) BUILDING AND SITE DEVELOPMENT SHALL CONFORM TO THE CITY OF HOMER DESIGN MANUAL, BY ADDING, "IS A GUIDE FOR BUILDING AND SITE DEVELOPMENT".

Discussion was that the Design Manual is to be a tool.

VOTE: (primary amendment 13.) YES: STARK, LADD.

NO: YOURKOWSKI, NOVAK, BECK, FENSKE.

Motion failed.

City Clerk Calhoun respectfully asked the Council to correct the references to the Design Manual, to read Community Design Manual.

BECK/FENSKE - MOVED TO AMEND TO CHANGE ALL REFERENCES TO THE DESIGN MANUAL TO COMMUNITY DESIGN MANUAL.

VOTE: (primary amendment 14.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

STARK/LADD - MOVED TO AMEND LINES 35765 AND 3580, TO DELETE, PAGE 79, ON LINE 3575, 21. 61. 105 RETAINED PROFITS AND DELETE ON LINE 3580 THE CHANGE IN LOCALLY RETAINED PROFITS.

There was some discussion, pro and con.

VOTE: (primary amendment 15. ) YES: LADD, STARK.

NO: FENSKE, YOURKOWSKI, NOVAK, BECK.

Motion failed.

LADD/STARK - MOVED TO AMEND TO DELETE LINE 3587 AND LINE 3588 H. THE IMPACTS (INCLUDING DISPLACEMENT OF EXISTING RETAILERS) ON THE BUSINESS DISTRICT.

There was some discussion.

VOTE: (primary amendment 16. ) YES: LADD, STARK.

NO: BECK, FENSKE, YOURKOWSKI, NOVAK.

Motion failed.

STARK/LADD - MOVED TO AMEND LINE 3626 TO CHANGE LANDSCAPING TO NOT LESS THAN 15% TO 10%.

There was some discussion.

VOTE: (primary amendment 17. ) YES: LADD, STARK.

NO: NOVAK, BECK, FENSKE, YOURKOWSKI.

Motion failed.

LADD/STARK - MOVED TO AMEND LINE 3639 AND 3640 TO STRIKE "AS NEEDED" AND "THE MINIMUM REQUIRED", WITH REGARD TO LANDSCAPING.

There was some discussion.

VOTE: (primary amendment 18. ) YES: STARK, LADD.

NO: NOVAK, BECK, FENSKE, YOURKOWSKI.

Motion failed.

LADD/STARK - MOVED TO AMEND LINE 3673 TO STRIKE TO STRIKE SO THEY ARE NOT VISIBLE. (10. Loading and Delivery. Loading and delivery operations shall be designed and located to mitigate visual and noise impacts to adjacent residentially zoned areas. The delivery and loading areas will also be screened so they are not visible from public streets, sidewalks, and adjacent properties. The Commission may limit hours of delivery and loading as necessary to reduce to effects of noise and traffic on surrounding residential zones. A landscaped buffer may be required when delivery and loading areas are adjacent to residentially zoned areas. The landscaped buffer will include mixed vegetation adequate to provide noise, light and visual screening. Commercial vehicles, trailers, shipping containers and similar equipment used for transporting merchandise shall remain on the premises only as long as required for loading and unloading operations, and shall not be maintained on the premises for storage purposes unless it is screened from public view.)

There was some discussion.

VOTE: (primary amendment 19.) YES: STARK, FENSKE, LADD.

NO: YOURKOWSKI, NOVAK, BECK.

TIE VOTE: MAYOR: YES.

Motion carried.

LADD/STARK - STARK/LADD - MOVED TO AMEND LINES 3679 - 3680, TO STRIKE "SHALL REMAIN ON THE PREMISES ONLY AS LONG AS REQUIRED FOR LOADING AND UNLOADING OPERATIONS, AND" IN ITEM 10, UNDER AMENDMENT 19. ((10. Loading and Delivery. Loading and delivery operations shall be designed and located to mitigate visual and noise impacts to adjacent residentially zoned areas. The delivery and loading areas will also be screened so they are not visible from public streets, sidewalks, and adjacent properties. The Commission may limit hours of delivery and loading as necessary to reduce to effects of noise and traffic on surrounding residential zones. A landscaped buffer may be required when delivery and loading areas are adjacent to residentially zoned areas. The landscaped buffer will include mixed vegetation adequate to provide noise, light and visual screening. Commercial vehicles, trailers, shipping containers and similar equipment used for transporting merchandise shall remain on the premises only as long as required for loading and unloading operations, and shall not be maintained on the premises for storage purposes unless it is screened from public view.)

There was some discussion.

VOTE: (primary amendment 20. ) YES: LADD, STARK.

NO: YOURKOWSKI, NOVAK, BECK, FENSKE.

Motion failed.

LADD/STARK - MOVED TO AMEND LINES 3689 AND 3693, TO CHANGE 60 FEET TO 90 FEET IN BOTH PLACES. (a. If a building façade exceeds 60 90 feet in length, it shall be broken down into smaller elements by jogging the wall in or out a minimum of four feet for at least ten feet in length, or by adding an element such as a porch, recessed entry, bay window, projecting trellis or similar substantial architectural feature at intervals so that no continuous wall plane is more than 60 90 feet in length.)

There was some discussion.

VOTE: (primary amendment 21.) YES: LADD, STARK.

NO: FENSKE, YOURKOWSKI, NOVAK. BECK.

Motion failed.

STARK/LADD - MOVED TO AMEND LINE 3722 TO ELIMINATE "AND PARKING AREAS".

There was discussion.

FENSKE/ - FRIENDLY AMENDMENT TO INSERT, REQUIRED.

There were no objections to the friendly amendment. This would provide for snow to be stored in the areas of a parking lot that are not "required" parking areas, the excess parking areas.

(14. Snow Storage. A snow storage plan, as a component of the site plan, is required. Use of sidewalks and required parking areas for snow storage is prohibited. Snow storage within 25 feet of stream banks is prohibited. Use of landscaped areas for snow storage may be allowed under the approved snow storage plan. The Commission may impose such restrictions on snow removal operations as are necessary to reduce the effects of noise or traffic on surrounding areas.)

VOTE: (primary amendment 22.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

LADD/STARK - MOVED TO DELETE IN LINE 3732, THE LAST SENTENCE IN 15. OUTDOOR SALES AND STORAGE. AREAS FOR OUTDOOR SALES OF PRODUCTS MAY BE PERMITTED IF THEY ARE EXTENSIONS OF THE SALES FLOOR INTO WHICH PATRONS ARE ALLOWED FREE ACCESS. SUCH AREAS SHALL BE INCORPORATED INTO THE OVERALL DESIGN OF THE BUILDING AND LANDSCAPING. THE AREAS SHALL BE PERMANENTLY DEFINED AND SCREENED WITH WALLS AND/OR FENCES. MATERIALS, COLORS AND DESIGN OF SCREENING WALLS/FENCES AND THEIR COVERS SHALL BE COMPLEMENTARY TO THOSE OF THE PRIMARY STRUCTURE. [OUTDOOR SALES AND STORAGE AREAS SHALL BE CONSIDERED AS PART OF THE GROSS FLOOR AREA OF THE ESTABLISHMENT.]

There was some discussion.

MOTION (Amendment 23.) WAS WITHDRAWN BY CONSENSUS OF THE BODY.

FENSKE/YOURKOWSKI - MOVED TO SUSPEND THE RULES TO COMPLETE BUSINESS.

(11:59 p.m.)

VOTE:(suspension of the rules) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

STARK/LADD - (LINE 3756) MOVED TO AMEND. TO ADD TO THE FIRST SENTENCE "AT LEAST AS UNIMPEDED AS THE BASE CASE" AND DELETE A. B. AND C. (21. 61. 110(A)(3) (3. The minimum acceptable LOS (Level of Service) at intersections and on road segments both on the development's opening date and in the design year is at least as unimpeded as the base case. : a. los c, if the LOS on the date of application is LOS c or better; b. LOS c, if the LOS on the date of application is LOS d; c. LOS d, if the LOS on the date of application is LOS e or poorer.)

There was some discussion.

VOTE: (primary amendment 24.) YES: LADD.

NO: YOURKOWSKI, STARK, NOVAK,. BECK, FENSKE,

Motion failed.

VOTE: (main amended motion) YES: BECK, FENSKE, YOURKOWSKI, STARK, NOVAK.

NO: LADD.

Motion carried.

YOURKOWSKI/BECK - MOVED FOR THE RECONSIDERATION OF ORDINANCE 04-11.

There was no discussion.

VOTE: (to reconsider) YES: LADD, YOURKOWSKI, STARK, NOVAK, BECK. FENSKE.

Motion to reconsider carried.

VOTE:(Ordinance 04-11 as amended, revote:) YES: FENSKE, YOURKOWSKI, STARK, NOVAK, BECK.

NO: LADD.

Motion carried.

B. Ordinance 04-13, Of the City Council of Homer, Alaska, Accepting and Appropriating Pass Through Funds from the United States Coast Guard for Additional Berth Modifications to the City of Homer's Pioneer Dock and Authorizing the City Manager to Execute the Appropriate Documents. Finance. Fiscal Note: Revenue and Expenditure: 415-914, $350,000.00. (First Reading on March 22, 2004, Public Hearing and Second Reading April 12, 2004.)

There was no Public Testimony.

YOURKOWSKI/NOVAK - MOVED FOR THE ADOPTION OF ORDINANCE 04-13 BY READING OF TITLE FOR SECOND AND FINAL READING.

There was no discussion.

VOTE: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

C. Ordinance 04-14, Of the City Council of Homer, Alaska Accepting and Appropriating Two Grants form the State of Alaska Department of Public Safety in the Amount of $3,200.00 and $5,000.00 for Professional Training Services for the Homer Police Department and Authorizing the City Manager to Execute the Appropriate Documents. HPD. Finance. Fiscal Note: Revenue Acct. 100.4514.030, Expenditure Acct. (First Reading on March 22, 2004, Public Hearing and Second Reading April 12, 2004.)

There was no Public Testimony.

FENSKE/NOVAK - MOVED FOR THE ADOPTION OF ORDINANCE 04-14 BY READING OF TITLE FOR SECOND AND FINAL READING.

There was no discussion.

VOTE: NON OBJECTION. UNANIMOUS CONSENT

Motion carried.

ORDINANCE(S)

A. Ordinance 04-05, Of the City Council of Homer, Alaska, to Authorize the Expenditure of Homer Accelerated Roads Program (HARP) Funds for the Surveying, Engineering and Design of Waddell Way Improvements. City Manager. Public Works. Fiscal Note: Expenditure from HARP $103,440.00. (First Reading on March 8, 2004 postponed to March 22, 2004, postponed to April 12, 2004, Main Motion is on the floor, Public Hearing and Second Reading April 26, 2004.)

Memorandum 04-17, from Public Works as backup.

Main Motion, as Postponed, is on the Floor: FENSKE/LADD - MOVED FOR THE INTRODUCTION OF ORDINANCE 04-05 BY READING OF TITLE.

FENSKE/LADD - MOVED TO TABLE ORDINANCE 04-05.

This is to provide staff time to gather additional information and to meet with property owners.

VOTE: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Ordinance 04-15, Of the City Council of Homer, Alaska, to Authorize the Expenditure of Homer Accelerated Water and Sewer Program (HAWSP) Funds for the Surveying, Engineering and Design of Waddell Way Water and Sewer Improvements. City Manager. Public Works. Fiscal Note: Expenditure from HAWSP $43,080.00. (First Reading March 22, 2004 postponed to April 12, 2004, Main Motion is on the floor, Public Hearing and Second Reading April 26, 2004.)

Same backup as with Ordinance 04-05.

Main Motion, as Postponed, is on the Floor: STARK/NOVAK - MOVED FOR THE INTRODUCTION OF ORDINANCE 04-15 BY READING OF TITLE.

FENSKE/LADD - MOVED TO TABLE ORDINANCE 04-15 ALSO SAME CONCERNS AS ORDINANCE 04-05.

There was no discussion.

VOTE: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

C. Ordinance 04-17, Of the City Council Amending the Homer City Code Sections 21.48.040, 21.49.040, and 21.50.050 to add a Subsection to Limit the Footprint Size of Buildings Used Primarily for Retail and Wholesale Business at 66,000 Square Feet. City Clerk. Initiative Petition.

Memorandum 04-60, from City Clerk as backup.

LADD/STARK - MOVED TO INTRODUCE ORDINANCE 04-17 BY READING OF TITLE.

There was some discussion about introducing this Ordinance and conducting the public hearing and second reading two weeks from now.

VOTE: YES: LADD, STARK.

NO: BECK, FENSKE, YOURKOWSKI, NOVAK.

Motion failed.

D. Consent Agenda Item B. Ordinance 04-12, Of the City Council, Appropriating $10,000 for Stocking the Fishin' Hole from the General Fund Fund Balance and Authorizing the City Manager to Execute the Appropriate Documents. Beck. Fiscal Note: Transfer from General Fund, Fund Balance to Account 100.112.5210, Economic Development Professional Services. Recommend introduction and that the Public Hearing and Second Reading be conducted April 26, 2004.

STARK/BECK - MOVED TO INTRODUCE FOR FIRST READING ORDINANCE 04-12 BY READING OF TITLE.

STARK/LADD - MOVED TO AMEND BY CHANGING TEN THOUSAND DOLLARS TO FIVE THOUSAND DOLLARS.

Some Councilmembers expressed concerns regarding the use of City Funds when the City budget is so tight. The City Manager was asked to identify the funding source, clearly and to pursue locating another funding source for at least $5,000.00. He was asked to check with Representative Seaton, who apparently is working on funding for the stocking project as well.

VOTE: (primary amendment 1.) YES: STARK, NOVAK, LADD.

NO: BECK, FENSKE, YOURKOWSKI.

TIE VOTE: MAYOR: VOTE: NO.

Motion failed.

There was as brief comment.

VOTE:(main motion) YES: NOVAK, BECK, FENSKE, LADD, YOURKOWSKI.

NO: STARK.

Motion carried.

E. Consent Agenda Item C. Ordinance 04-16, Of the City Council Appropriating up to $600,000.00 from the Homer Accelerated Roads Program (HARP) Funds for Repaving Bayview Avenue, Ben Walters Lane, Kachemak Way, Main Street, Rochelle Road and for the Paving of Heath Street from Pioneer Avenue to Homer High School. City Clerk, pursuant to Council's Action on Memoranda 04-38 and 04-50, on March 22, 2004. Fiscal Note: From HARP to Expenditure Fund 160. Recommend introduction and that the Public Hearing and Second Reading be conducted April 26, 2004.

YOURKOWSKI/FENSKE - MOVED FOR THE INTRODUCTION OF ORDINANCE 04-16 BY READING OF TITLE.

There was discussion predominately regarding sidewalks, storm drainage and separated pathways without curb and gutter. Council wanted more information. There was some concern about depleting the HARP. Public Works was asked for a fiscal analysis.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

CITY MANAGER'S REPORT

A. City Manager's Report (Update and follow up; April Employee Anniversaries - Greg McCullough HPD 28 years, Jerry Lawver PWD 13 years, Steve Martin PWD 13 years, Bill Abbott P/H 5 years, Chris Dabney P/H 5 years, Steve Boyle HVFD 4 years and Helen Hill Library 3 years; Government Finance Officers Association Certificate of Achievement to the City of Homer for Excellence in Financial Reporting; Granted Project update; Port/Harbor Commission meeting highlights; Homer Foundation financial report; and letter from Larsen Klingel regarding the Long Range Fiscal Plan.)

B. Bid Report, Game Report.

Request for Proposals: Incorporation of Art into the New Homer Public Library. Proposals to provide art or suggest how to incorporate art into the proposed new Homer Public Library will be received at the Office of the City Clerk, City Hall, City of Homer, 491 East Pioneer Avenue, Homer, Alaska until 4:30 p.m., Thursday, April 29, 2004.

2004 Gaming Permit Application - Filed with City Clerk

American Legion General Buckner Post 16, 2004 Amended Permit Application - filed on March 26, 2004.

Veterans Assistance Corp. Amended multiple Beneficiary Permit Application filed on March 26, 2004.

There was a brief comment regarding the granted project update.

COMMITTEE REPORT

A. Road Standards Committee, March 23, 2004 Synopsis.

B. Town Center Development Committee, March 18, 2004 Meeting Notes.

There were no comments.

PENDING BUSINESS

None scheduled at this time.

NEW BUSINESS

A. Memorandum 04-57, from Port/Harbor Commission and Director, Re: Parking Issues on the Spit. Recommend approval.

Recommendation. Port and Harbor Advisory Commission recommends that the detailed parking recommendations and plans be implemented by City Management for the 2004 season if a budget can be provided to do so; if not, that these recommendations and parking plans be budgeted for 2005 and implemented for the 2005 season.

Listing of Spit Parking Recommendations:

1. Construct (painting, appropriate signage, etc.) pedestrian crosswalks across Spit Road at Ramps 1, 2, 3, the Fishin' Hole and Mariner Park. (This recommendation is requested to be sent to the Road Standards Committee for their review.)

2. Seafarers Memorial Parking Lot. Recommend for 12 hour, revenue parking with Iron Ranger collection box installed and appropriate signage. Ten "free parking" short term spaces to be laid out closest to the Memorial however. Parking permits allowed here.

3. Ramps to Harbor Floats. Recommended free parking, with appropriate signage, with 2 handicap spaces closest to the ramp's pier access then two 30-minute spaces, with the rest of the spaces signed for 2-hour parking. No permits/sticker parking allowed here (except for vendors/repair firms who can apply for special passes at the parking office.)

4. Steel Grid. Recommended for free parking, 2 spaces closest to the grid to be signed for "grid use," rest of spaces limited to 2-hour parking. No permits/sticker parking allowed here.

5. Salty Dawg Lot and South side of Harbor Office Customer Lot. Recommended for revenue parking with "iron ranger" collection box, $5/day rate (premium lot), no permit/sticker parking allowed here.

6. North side of Harbor Office Customer Lot. Recommended for free short term parking with the 2 spaces closest to Harbormasters Office to be 15-minute parking, then spaces designated 30-minute parking or 1-hour parking as appropriate. No permit/sticker parking allowed here.

7. Lots 16 & 17, (North of Morphis Boardwalk). Recommended for revenue parking, iron ranger collection box, 12-hour limit, fee of $3. No permit/sticker parking allowed here.

8. Lots 13, 14, 15 and southern half of 12A. This area extends from a point roughly halfway between ramps 3 and 4 to a point roughly halfway between ramps 4 and 5. Recommended for revenue parking with iron ranger collection boxes, fee of $3, 24-hour parking. Parking permits/stickers to be allowed here.

9. Meter Parking. Recommend installation of parking meters to regulate parking (with 3-hour time limit) in the diagonal parking spots west side of Spit Road (between ramps 1 and 3) and in the combination of diagonal and parallel-parking spots east of Spit Road between ramps 1 and 3.

10. Remainder of parking areas/lots recommended free parking, hoping to result in more usage of the northern portion of Lot 12A and the parking lots on east (industrial) side of harbor basin.

11. General: The "season" to be defined as May 15 to September 15. Permits (parking stickers) to be sold at recommended rate of $30 for the season, $15 for one month and to be valid only in designated lots. Recreational Vehicles (RV's) under 25' length to be accepted in Lots 12A through 17 and in Seafarers Memorial Lot. Longer RV's to be parked on east side of harbor basin (but consideration to be given to laying out a few spaces at Seafarers Memorial Lot and in Lots 16 and 17 for longer RV's with a higher Iron Ranger fee to be applicable).

Enforcement will be necessary and it is recommended that this be an important aspect of any plan that is implemented. The Commission requests that if practical, the above recommendations be implemented for the 2004 season. The Commission would request to be able to review the effects of these implemented recommendations after the 2004 season in order to make recommendations regarding any required modifications or adjustments. The Commission has a few "long term" parking issues that need more discussion, such as developing new parking lots, creation of a shuttle van service, etc.

NOVAK/BECK - MOVED TO APPROVE THE RECOMMENDATION OF MEMORANDUM 04-57.

There was some discussion.

NOVAK/STARK - MOVED TO POSTPONE UNTIL THE NEXT MEETING. (Scheduled for April 26, 2004.)

This will be the first item on the April 26, 2004 Committee of the Whole agenda and is to be a joint session with the Port/Harbor Commissioners and Port/Harbor Director.

VOTE:(postponement) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Consent Agenda Item G Memorandum 04-59, through City Manager, Re: Town Center Development Committee Request a Feasibility Study for a Convention Center. Recommend approval.

Recommendation: The Town Center Development Committee recommends that the City Council appropriate the money to conduct a feasibility study as soon as possible.

FENSKE/BECK - MOVED TO APPROVE THE RECOMMENDATION OF MEMORANDUM 04-59.

YOURKOWSKI/FENSKE - MOVED TO AMEND MEMORANDUM 04-59, RECOMMENDATION TO READ: THAT THE CITY COUNCIL RECOMMENDS THAT THE CITY MANAGER IDENTIFY EXISTING FUND BALANCES AVAILABLE AND APPROPRIATE FOR A CONVENTION CENTER FEASIBILITY STUDY AND PRESENT A FUNDING SCENARIO AT THE SECOND COUNCIL MEETING IN MAY. (Tuesday, May 25, 2004 since Homer High Graduation is Monday, May 24, 2004 and pursuant to Council action on Meeting Schedule Resolution 03-148(A).)

There was some discussion pros and cons both the study and expenditure.

VOTE: (primary amendment 1. ) YES: NOVAK, BECK, FENSKE. YOURKOWSKI, STARK.

NO: LADD.

Motion carried.

There was no further discussion.

VOTE:(main amended motion) YES: BECK, FENSKE, YOURKOWSKI, STARK. NOVAK.

NO: LADD.

Motion carried.

RESOLUTIONS

A Resolution 04-25, Of the City Council Revising the Property Management Policy and Procedures Manual, as Provided for by the Homer City Code, Section 18.08.160(b) City Manager. Postponed on March 8 to April 12. Main Motion is on the floor.

Main Motion, as Postponed, is on the Floor: FENSKE/YOURKOWSKI - MOVED FOR THE ADOPTION OF RESOLUTION 04-25 BY READING OF TITLE.

BECK/STARK - MOVED TO POSTPONE RESOLUTION 04-25 UNTIL APRIL 26.

There was no discussion.

VOTE: (postponement) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Resolution 04-34, Of the City Council Adopting the Community Design Manual. Mayor and Council, as part of Ordinance 04-11.

BECK/NOVAK - MOVED FOR ADOPTION OF RESOLUTION 04-34 BY READING OF TITLE.

There was one brief comment.

VOTE: YES: YOURKOWSKI, STARK, NOVAK, BECK. FENSKE.

NO: LADD.

Motion carried.

C. Resolution 04-35, Of the City Council Revising the City of Homer Fee Schedule, Planning and Zoning Fees. Planning Commission.

YOURKOWSKI/BECK - MOVED FOR THE ADOPTION OF RESOLUTION 04-35 BY READING OF TITLE.

Comment was that this creates the fairest situation.

VOTE: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

D. Resolution 04-36, Of the City Council of Homer, Alaska Reaffirming the City's Legislative Priority List of Projects and Position Statement. Fenske.

FENSKE/BECK - MOVED FOR THE ADOPTION OF RESOLUTION 04-36 BY READING OF TITLE.

Comment was that this is merely to reaffirm previous Council actions and statements and to provide this back for Councilmembers Stark and Yourkowski and for Finance Director Baugh when the go to Juneau this week to lobbying.

VOTE: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

E. Resolution 04-37, Of the City Council Setting a Special Election Date of Tuesday, June 15, 2004 to Conduct an Initiative Election, to Answer the Question - 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)." City Clerk. Initiative Petition.

FENSKE/BECK - MOVED FOR THE ADOPTION OF RESOLUTION 04-36 BY READING OF TITLE.

There was no discussion.

VOTE: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

COMMENTS OF THE AUDIENCE

Audience comments upon any matter.

Bill Smith thanked the Council for working through all of the Ordinance amendments and voiced his appreciation for the Council sticking with it. He stated that he just wanted to make a brief comment about the Chamber of Commerce input, clarifying that the person who testified before the Council was not representing the membership or the board of the Chamber of Commerce and is a member of the Legislative Committee. He reported calling a member of the Planning Commission who is on the Board of the Chamber of Commerce and was also on the Legislative Committee, who stated that the Board had not taken any position at the Board level on Ordinance 04-11 or on the Design Manual. Mr. Smith advised the Council that he attended a meeting and found that the Legislative Committee was actually divided with the Community Design Manual and that he answered most of their questions with regard to phasing, staging and fairness, hoping, to their satisfaction. He stated that "they" did take almost all of their comments and incorporated them one way or another and where appropriate. He asserted that the Chamber of Commerce is not opposed to this legislation and the comments were from one member of Chamber of Commerce.

Councilmember Stark clarified that Mrs. Woodworth is not only a member of the Board of the Chamber of Commerce she is the President of the Homer Chamber of Commerce.

Mr. Smith responded that this does not mean that she represents the position they have taken.

Al Waddell commented that it has been an interesting night and that he wants to make a statement that goes into the record: "For the record here and now I strenuously object to the fraudulent taking of my and other people's personal property rights and land under the laws of a sovereign United States Citizen. I do not agree to any consensual taking of my land. I've watched a steam roller tonight. This is totally taking of private property. Four Councilmembers were very consistent tonight restricting businesses here in Homer. I hope that when this does come to a vote of the public that they definitely turn out and let's make this thing right. Let's listen to the people of Homer." He thanked the Council.

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 Wrede voiced his hope to see everyone at the Economic Forum tomorrow morning.

COMMENTS OF THE MAYOR

Mayor Cushing advised the Council of his lobbying efforts in Washington D. C. on behalf of the City of Homer. He met twice with Senator Stevens Office and once each with Senator Murkowski and Congressman Young's Office. He relayed the read out: The dock project in the multi millions is approaching close to the City's budget and a refined cost estimate is needed fairly quickly to further advance this project. The library project and ice rink are receiving positive consideration. Land acquisition at the reservoir not considered a high risk and not a fill priority. Animal Shelter, these types of projects not being funded at the federal level at any great extent. Fire Department ladder truck and station - no money available for stations, possible FEMA money for equipment. Erosion control project, not able to get any feed back, acknowledge like Shishmaref with eroding bluffs. He availed himself to the Council for further discussion at a later date.

COMMENTS OF THE CITY COUNCIL

Councilmember Beck thanked the Planning Commission, Commission Chair, Planning Department, the City Planner and her staff for their work on Ordinance 04-11. She noted that these changes fall pretty close to the 40th Birthday of Homer, two generations. Therefore, not at all surprising to be looking at these kinds of developmental issues in the community. She noted that the astronomical number of hours the Commission worked on Ordinance 04-11 and voiced her pleasure that she was not on the Planning Commission during that time.

Councilmember Novak thanked the Planning Commission, Planning Department and Commission Chair for their efforts and months of appreciated work.

Councilmember Ladd stated that he does appreciate the time of the Planning Commission, that he has not agreed with some of the outcome. He noted that the Commission has gateway and steep slope issues to address and that the work does not stop. He sent a good word out to Senator Stevens, who brings the pork home.

Mayor Cushing echoed the commendations to the Planning Commission, administration and included the public, on both sides, who have been attending meetings and showing interest. He voiced his opinion that this issue, Ordinance 04-11, would not have gotten the attention that it did without the public interest.

Councilmember Fenske commented on the phenomenal public input at all the meeting levels and stated that he is very, very proud of the community.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 1:50.5 a.m. The next Regular Meeting is scheduled for Monday, April 26, 2004 at 7 p.m. A worksession on Long Range Fiscal Planning, staff will present Council with a draft long range fiscal plan for review and discussion. is scheduled for Monday, April 26,2004 1:30 p.m. The next Committee of the Whole meeting, scheduled for Monday, April 26, 2004 at 4 p.m. All meetings scheduled to be held in the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska. A City Council worksession is scheduled with the Homer Chamber of Commerce and Scott Goldsmith, Economist, on the Long Range Fiscal Plan for Tuesday, April 13, 2004 at 9 a.m. at the Best Western Bidarka Inn Conference Room. There is a lunch break at noon, there will be a No Host lunch at the Inn.

_____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Approved: _______________

clerk@ci.homer.ak.us, 235-3130, home number 235-2843.

1. Seawall, a reference to the Ocean Drive Loop Bluff Erosion Control project.