HOMER CITY COUNCIL

SPECIAL MEETING MINUTES

APRIL 24, 2000

Session 00-08, a Special Meeting of the Homer City Council was called to order at 5: 10 p.m. by Mayor Jack Cushing at the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

PRESENT: COUNCILMEMBERS:

'STAFF:

WELLES, FENSKE, MARQUARDT,

YOURKOWSKI, CUE, KRANICH

CITY MANAGER DRATHMAN

CITY CLERK MARY CALHOUN

DEPUTY CITY CLERK BENSON

CITY ATTORNEY TANS

APPEALS - BOARD OF ADJUSTMENT HEARING

A. Griswold Appeal of Findings of Fact, Conclusions of Law and Decision on Remand of an Application for Formal Acceptance of Non Conforming Uses on lot 3A1 Svedlund Subdivision, Located at 305 East Pioneer Avenue, Homer, Alaska.

Mayor Cushing identified those present for the record: Appellant - Frank Griswold and , parties present, and attorneys present Appellee - COB, Inc. Attorney Daniel Westerberg, who previously filed a formal written entry of appearance. City Attorney - Gordon Tans

Mayor Cushing asked if there were an disclosures of conflict of interest or ex parte contacts. None were noted.

In the matter of Councilmember Fenske's purported bias by the Appellant:

Councilmember Fenske affirmed that he held no bias and would be impartial as to this appeal and would make decision based solely on the information before the Board.

Mayor Cushing ruled that there was no bias.

WELLES/CUE - MOVED TO MOVE INTO EXECUTIVE SESSION FOR DELIBERATIONS ON THIS BOARD OF ADJUSTMENT CASE.

VOTE: YES: FENSKE, WELLES, YOURKOWSKI, MARQUARDT, KRANICH, CUE

Motion carried.

Mayor Cushing stated that there are no "standing issues" on this matter.

Mayor Cushing described the record on appeal prepared by the City Clerk as consisting of 680 pages which includes the Notice of the Hearing, Entry of Appearance by Daniel Westerberg Attorney for COB, Inc, Notice of Appeal filed by Frank Griswold and the HAPC Findings of Fact, Conclusions of Law and Decision on Remand. He described e briefs as follows:

Frank S. Griswold - Opening Brief

Correction to Appellant's Opening Brief

Correction to Notice of Appeal

Reply to COB Inc. Brief

COB, Inc. - Brief

Reply Brief

Mayor Cushing called a recess to Executive Session at 5:30 p.m. The Board returned from Executive Session at 7:05 p.m. and the meeting was reconvened.

Mayor Cushing reported that the Board has come to a tentative decision to affirm the Planning Commission's decision. A written BOA decision will be prepared, reviewed and approved by the Board. The decision will not be final and the time for appeal will not begin to run until a written decision is issued.

ADJOURNMENT

There being no fintherbusiness regarding this matterthe Mayor adjourned the meeting at 7:055. The Council's Regular Meeting begins at 7:30 p.m. this evening.

MARY L. CALHOUN, CMC, CITY CLERK