Session 05-23, a Regular Meeting of the Homer City Council was called to order at 7:00 p.m. by Mayor James C. Hornaday at the Homer City Hall Council Chambers located at 491 E Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

PRESENT: COUNCILMEMBERS: HEIMBUCH, NOVAK, STARK, WYTHE, YOURKOWSKI.

STAFF: CITY CLERK CALHOUN

CITY MANAGER WREDE

ABSENT: COUNCILMEMBER: McLAY, (excused)

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

Council met as a Committee of the Whole from 4:05 to 4:43 p.m. regarding the Regular Meeting Agenda items.

AGENDA APPROVAL

(Addition of items to or removing items from the agenda will be by unanimous consent of the Council. HCC 1.24.040.)

The agenda was approved by consensus of the City Council with the following notations:

Announcements/Presentations/Borough Report/Commission Reports Pull Memorandum 05-141 from Parks and Recreation Commission Re: Tree Stewards Committee. The Commission postponed action on August 18 to their September 15th Regular Meeting.

Committee Reports Permanent Fund Committee Synopsis of August 15, 2005, added.

New Business Add Memorandum 05-146 to Item A. as backup from City Manager

Written Public Comment.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public comments upon matters on the agenda except: Public Hearing Items: West Noview/South Mullikin/South Wright Street Road Reconstruction and Paving Improvement District and/or Ordinance 05-42, $20,000.00 of Assessed Valuation on Owner-Occupied Permanent Residential Property to be Exempt from City Real Property Tax.

Frank Griswold stated that he had submitted two documents for the supplemental packet, that had been deleted. He told the Council that his testimony of August 8th had omissions of fact such as:

The reasons for his objection to being given only ten minutes for oral arguments while the previous appellants were given fifteen minutes.

Mayor Hornaday's explanation that there were more people involved in the previous appeal action and Mr. Griswold's statement that this seemed arbitrarily.

Mr. Griswold told the Council that the Mayor and Clerk's actions indicate a strong bias and that if the Council approves the minutes unamended this would also indicate a bias. He commented about the public record request pertaining to Ordinance 05-33:

In the past legal opinions such as these have been disclosed to the public even without a formal request.

When the Council finally released the opinion on the box store initiative the City Attorney expressed surprise that it had not already been released and that document had confidential attorney client privilege stamped on its face.

Why the reluctance to release the legal opinion about Ty Gates spot zone? Because to do so would be to reveal the fact that the confidential documents had been provided to the party requesting the rezone so that they could use Attorney Tans legal arguments to prevent reconsideration and/or reversal of the Council's decision. Another festering example of bias by the City.

If there is nothing to hide, overturn the City Manager's decision and let the chips fall.

Mr. Griswold commented on the Board of Adjustment decision on the setback reduction for Tom McGreenery:

The Board's findings are not supported by the evidence.

The Board admitted that the Planning Commission considered the wrong use when it performed its analysis as to consistency with the Comprehensive Plan and Zoning Code.

Instead of remanding for new findings the Board simply substituted a different use and deemed the findings well founded.

The Board made new findings without providing him an opportunity to dispute them, except for the limited time now.

The fact that there may be some attractive buildings located within the setbacks of Pioneer Avenue does not support Conditional Use Permit (CUP) 05-10 . A setback reduction does not ensure an attractive building. He queried the Council if they really thought that allowing a house trailer arctic entrance to encroach into a Grubstake Avenue setback is going to make the structured neighborhood in the Central Business District more attractive? If so, he suggested, why not reduce setbacks City wide. The Board did not state which Pioneer Avenue buildings it considered attractive nor did it mention the ones that are not attractive. Most of the buildings that encroach into the Pioneer Avenue set back are non conforming or illegal and may not be used as justification for a CUP.

Councilmembers stated that they had been provided Mr. Griswold's written comments.

Dr. Marley asked if he might ask a question. He inquired about what it means if Memorandum 05-144 is adopted.

Mayor Pro Tempore Yourkowski advised the Mayor and Dr. Marley that the City Manager gave a good explanation of this during the Committee of the Whole and asked if he could do so again.

There were no objections.

The City Manager Wrede stated that this Memorandum is something that is required by Code, that the Planning Commission must report to the Council after considering a recommended change to the zoning ordinance. He noted that the Council is under no obligation to do anything with it even though it has a recommendation attached. He advised that the Ordinance is attached, but is not before the Council for any kind of action. He responded to further inquiry by Dr. Marley that one of the things that the Clerk had explained was that this recommendation does not prevent a Councilmember or Planning Commissioner from submitting another ordinance later on or a similar Ordinance.

Dr. Marley advised the Council that he got a copy of the information with Memorandum 05-144, and voiced his assumption that the Council had this information and hoped that they had taken the time to read it since it is a lot of good information and worthwhile comments. He advised that he is the person that spear headed this effort to change 20 parcels of land that line each side of the Sterling Highway from the present middle school out to West Hill Road and commented the following:

Presently there is only one dwelling that is a residence and even that has been used in a commercial way.

65% of the parcel owners wish to have these properties rezoned to Central Business District, interjecting that there were no descents and two that expressed a neutral position.

The individual land, wherein he is part owner, is the only large parcel of land in Homer that has beach bluff frontage and road access with sewer and water.

If this land becomes subdivided there won't be anything like it in Homer, because this parcel of land is of interest for potential future land development and possible uses that an entrepreneur may wish to have for a large parcel of land of this type.

Much has been made out of the Comprehensive Plan in this report. One thing that was neglected was one item on page 5. Action Item 1. " To determine the feasibility and desirability of expanding a mixture of uses out East Road and/or on the Sterling Highway north of the Homer Middle School." The whole issue has been addressed in the Comprehensive Plan. A lot of weight has been put on the Comprehensive Plan. Dr. Marley expressed his desire to have this also considered among the Councilmembers.

Dr. Marley expressed confusion that he has been unable to testify at Planning and Zoning about taxes and economics. He acknowledged that no parcel of land or rezone of an individual area should necessary rest upon just taxes or economics, nevertheless it appears that it is certainly worth mentioning and worth some measure of consideration. It appears that by the first of January, due to the Borough Assembly having raised the sales tax one percent, Homer will now be paying 7.5% sales tax, which will really touch people in the City of Homer. The rezoning of this land as proposed creates a potential for an increase in the property value and therefore an increase in the property tax. The businesses would allow for employment, allow for some stringing out of the traffic situation. He emphasized that the Spit, this time of year, is really loaded, really busy and that he does not know that in five or ten years "they" can handle any more than they are right now.

Emit Tremble, non City resident, advised that he was present to speak to the same Memorandum and that he has long had an interest in seeing that area rezoned. In the 30 years that he has been here nothing has happened in that area other than the two churches. It has been zoned Rural Residential all that time and the market has decided that, obviously, that this is not the highest and best use of that property. The community is growing, expanding and this is something that has been discussed for along time particularly in the Comprehensive Plan. Action was taken on one of the recommendations in the Comprehensive Plan, to do the rezoning out East Road, after that there was some rezoning due to the annexation and some commercial property kind of pocket zoned on Baycrest Hill. This property is critical for new growth in the community and there could be a mixed use there that could include some type of residential use, but at this time it is restricted to only to residential use without a CUP. At the recent hearing before the Planning Commission there was a decision made and a search for the findings of fact. The findings of fact that supported the decision to deny that rezoning were that the Comprehensive Plan called for in filling. He noted that, as Dr. Marley pointed out, the Comprehensive Plan also speaks specifically to that area and there were discussions about trying to have dialog with City Council about this possibility. He said that he guessed this is what precipitated this Memorandum and that he had thought that the Ordinance would be introduced tonight. He urged the Council to consider adopting an Ordinance that would change that area to Central Business District. He said that he was unable to ascertain from the Planning Commissioners as to what was onerous about Central Business District, and that he thinks this is one of the finest districts in terms of zoning. Any idea of coming up with a separate zoning category would be lengthy and cumbersome. Those folks who are interested in seeing this happen have waited many years. Mr. Trimble urged the Council to move this forward a little more quickly and urged Council to accept a change of the zoning to Central Business District for that area.

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.)

Councilmember Yourkowski requested that Item A. be pulled from the Consent Agenda. This was placed under New Business as Item D.

A. Homer City Council unapproved meeting minutes of August 8, 2005 Special and Regular Meetings. City Clerk. Recommend approval. \

B. Ordinance 05-43, Of the Homer City Council, Amending Homer City Code Chapter 14.04, Sewage--General Provisions, and Chapter 14.08, Water Rules and Regulations to Provide for Uniformity in the Two Appeal Procedures and Establishing an Appeal Fee. City Clerk. Fiscal Note: Revenues to assist in covering appeal costs incurred by the City.(Recommend Introduction and First Reading, conduct Public Hearing and Second Reading September 12, 2005.)

C. Ordinance 05-44, Of the City Council of the City of Homer, Alaska Amending the Sign Code, Chapter 21.60.060 of the Homer City Code. City Manager. Planning. Fiscal Note: Staff time. (Recommend Introduction and First Reading, Conduct Public Hearing September 12, 2005 andSecond Reading September 26, 2005.)

Memorandum 05-143, through City Manager, as backup.

D. Ordinance 05-45, Of the City Council of Homer, Alaska Confirming and Ratifying the Purchase of Property in the Bridge Creek Watershed Protection District and Designating its use as Public Purpose. City Manager. Fiscal Note: Expenditure for Parcel approved via Emergency Ordinance 05-40: Revenue - Land Fund Acct. 150.392 has $67,373.00 available Expenditure Acct, 150.392. Bridge Creek Watershed Land Acquisition, $63,500.00 plus any closing costs. (Recommend Introduction and First Reading, conduct Public Hearing and Second Reading September 12, 2005.)

HEIMBUCH/NOVAK - MOVED THAT WE ADOPT THE CONSENT AGENDA AS RECOMMENDED.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

None scheduled.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. Memorandum 05-141, Parks and Recreation Commission Report Re: Tree Stewards Committee. Deleted under Agenda Approval

Mayor Announced: This week the City of Homer is celebrating the 20th Anniversary of our Sister City Relationship with Teshio, Japan. The Teshio Delegation will arrive on Wednesday, August 24th and the community is invited to a pot luck welcoming celebration and reception at the Pratt Museum at 6pm. Please bring a dish and lots of good will for our friends from Teshio!

PUBLIC HEARING(S)

A. West Noview/South Mullikin/South Wright Street Road Reconstruction and Paving Improvement District.

There was no public testimony.

B. Ordinance 05-42, Of the City Council of Homer, Alaska, Amending Homer City Code Section 9.04.046, Real and Personal Property Tax -- Exemption, to Provide for the First $20,000.00 of Assessed Valuation on Owner-Occupied Permanent Residential Property to be Exempt from City Real Property Tax. Yourkowski. Fiscal Note: 809 Properties applied for a Borough Exemption in 2005. 809 multiplied by $20,000.00 equals $16,180,000.00 in exempt property. $16,180,000 multiplied by the City's mill rate - 4.5 mills equals $72,810.00 in reduced City property tax revenue.(First Reading August 8, 2005, Public Hearing August 22, 2005, Second Reading September 12, 2005.)

There was no public testimony.

City Clerk responded to a procedural question: Council may not take action on Ordinance 05-42 tonight. Second reading is scheduled for September 12th and at that time the Council may adopt or postpone action.

ORDINANCE(S)

None scheduled.

CITY MANAGER'S REPORT

A. City Manager's Report (Updates/Follow up: Jack Gist Park usable for next spring; Council Field Trip projects and City facilities; Force Account Labor - projects done in house, increases to City employees work load; Bartlett/Hohe Utilities - power lines to be relocated underground; Abandoned and Junk Vehicle Ordinance - amendments under review so that it will be consistent with Federal and State laws; Purchase of land in the Bridge Creek Watershed - closing was Wednesday, August 17th and see Ordinance 05-45 under Consent Agenda; KBBI Concert on the Law another successful year and kudos to City Staff, particularly Fire and Police, Public Works Staffs, and Tamara Hagerty; Kachemak Emergency Services Area (KESA), contract still in negotiations; Community Schools Program - 2006 City Budget item; Navy Ship visit was a success and kudos to the Fire, Police and Port and Harbor Staffs; and Sister City Visit, Teshio Japan arrival afternoon of Wednesday, August 24th Community Potluck at Pratt Museum at 6 p.m. as a Welcoming Reception, special activities planned for Thursday and Friday with departure on Saturday morning, August 27th.)

Mayor Hornaday advised that a number of people at the Municipal League and Mayor's Conference had asked him to say hi to the City Manager.

Council expressed desire and concurrence to go on tour of City facilities and City projects. No date was set.

Councilmember Heimbuch suggested that junk boats be included along with the abandoned and junk vehicles. He stated that there is one particular piece of property on the Spit that is bothersome and that he does not care if this is a sole item on a future Ordinance or in a more inclusive Ordinance, adding that it is high time to deal with this.

City Manager Wrede reported that he discussed the abandoned and junk vehicle Ordinance amendments with Councilmember McLay and that they agreed to not rush this and to make sure that it is done right with City Attorney involvement due to the state and federal law changes that also address derelict and nuisance buildings. He advised that the plan is to try to address all of these matters and to work on comprehensive Ordinance(s) that meet Homer's needs and to work on these this fall. There has been a lot of comment on just plain junk. He queried the Council as to if they wanted to lump all of this into just one Ordinance, deal with all of these things at once or just stay focused on cars. In response to Mayor Hornaday the City Manager reported that the burned out car adjacent to Main Street is being moved and may be used for Fire Training purposes prior to being crushed. In response to Council he stated that the situation with regard to the overhead utilities to underground utilities on Bartlett/Hohe is being worked on. He commented on the section of the Code that requires utilities to be put underground, that is under the Subdivision section of the Code.

The City cannot force DOT to put the utilities underground. He relayed that DOT has to, according to statute, what is most cost effective, therefore, the regulatory morass. According to HEA's estimate it would only cost $45,000.00 more to put the lines under ground than to move the poles from the west side to the east side of the road.

Councilmember Hemibuch noted that Council may waive the underground utility requirement if it is found to be unreasonable under certain situations.

City Manager Wrede advised that Homer's Code addresses new subdivisions and was, apparently, intended to address situations where there is a big tract of land with maybe one power line going across it and if subdivided the old power line has to go underground.

Discussion ensued.

There was brief mention about the platting authority.

City Manager Wrede advised that there was a recent decision to abandon cement sidewalks to go with asphalt and that the Public Works Director has stated that asphalt costs less than concrete. Pertaining to the sidewalk portion of the Bartlett/Hohe project and Public Works Director Carey Meyer estimates that asphalt will save $40,000.00 or there abouts. The Manager suggested that perhaps some of the savings could be moved to cover the cost of installing the power lines underground. In response to Council query he advised that he does not know the timelines for the Bartlett/Hohe Project.

COMMITTEE REPORT

A. Road Standards Committee. (Meeting to be scheduled)

B. Public Arts Committee. (Meeting August 24, 2005 11 a.m. Cowles Council Chambers.)

C. Permanent Fund Committee (Meeting held on August 15, 2005 5:30 p.m. Cowles Council Chambers. Synopsis of meeting added under Agenda Approval.)

PENDING BUSINESS

Mayor Hornaday recessed the Regular Meeting at 7:35 p.m.

Mayor Hornaday called the Board of Adjustment Session to Order at 7:35 p.m.

He noted that all the Board members were present except Councilmember McLay.

A. Board of Adjustment Decision, Re: Eldon and Bernadette Adair appeal and Kevin and Donna Maltz, David Scheer, Michael and Nadine Rearden and Ron Nieman appeal to the Board of Adjustment Conditional Use Permit 05-09 - A Fisherman's Resort, Planned Unit Development, As Permitted by Homer City Code 21.49.030(f) At 1302 Ocean Drive, Lots 29, 30, 56 and 57, Bayview Subdivision (Adair Replat in Progress)

Deliberations were done in Executive Session on August 8, 2005, the meeting was publicly noticed.

HEIMBUCH/YOURKOWSKI - MOVED TO ADOPT THE DECISION. (The written decision required under HCC 21.68.060(e).

There was no discussion.

VOTE: YES: NOVAK, HEIMBUCH, WYTHE, YOURKOWSKI, STARK.

Motion carried.

The decision will be distributed to the parties.

B. Board of Adjustment Decision, Re: Frank Griswold an appeal to the Board of Adjustment Regarding Conditional Use Permit 05-10 - For a Reduction in the Setback From a Dedicated Right of Way as Permitted By HCC 21.48.040(B)(4) at 445 Grubstake Avenue, Lot 2 Block 11, Glacier View Subdivision.

Deliberations were done in Executive Session on August 8, 2005, the meeting was publicly noticed.

HEIMBUCH/NOVAK - SO MOVE. (TO ADOPT THE WRITTEN DECISION REQUIRED UNDER HCC 21.68.060(E).)

Councilmember Yourkowski stated that there are some findings missing from the decision document and asked that this either be remanded to the Planning Commission or that the Board deliberate further at the next regular meeting.

YOURKOWSKI/WYTHE - MOVE WE DELIBERATE FURTHER AT THE NEXT REGULAR MEETING, NEXT BOARD OF ADJUSTMENT MEETING.

Councilmember Yourkowski stated, and in part is a response to Councilmember Hembuch's inquiry, that he thinks that the decision, as written, does not address item number six in the way that they had discussed and that I's need to be dotted, T's crossed and findings delineated. He responded to Councilmember Heimbuch's inquiry that he just does not see the finding in the decision and that it just says : Therefore, we hold that the CUP must be modified. We do so now...."and that there are no findings as to why we hold that.

VOTE: YES: YOURKOWSKI, STARK, NOVAK, WYTHE.

NO: HEIMBUCH.

Motion carried.

Councilmember Stark asked the Mayor who would be writing those findings and if it would be the attorney?

The Mayor stated that he assumed so.

Mayor Hornaday adjourned the Board of Adjustment Session and called the Regular Meeting back to order at 7:40 p.m.

NEW BUSINESS

A. Memorandum 05-142, from City Clerk, Re: Griswold Appeal to the City Manager's Record Request Denial

Memorandum 05-146, from City Manager, as backup.

Recommendation: Uphold the City Manager's denial of the record request.

HEIMBUCH/STARK - SO MOVE. (TO UPHOLD THE CITY MANAGER'S DECISION.)

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Memorandum 05-144, from Planning Commission, Re: A Request to Amend the Homer Zoning Map to Rezone Portions of the Rural Residential Zoning District (RR) and Portions of the Urban Residential District (UR) Fronting on the Sterling Highway from West Hill Road to near the Best Western Bidarka to Central Business District. Fiscal Note: Staff Time.

Proposed Ordinance 05-, Of the City Council of the City of Homer, Alaska, Amending the Homer City Zoning Map to Rezone Portions of the Rural Residential Zoning District (RR) and Portions of the urban Residential District (UR) Fronting on the Sterling Highway from West Hill Road to the Lot West of the Best Western Bidarka Inn to Central Business Zoning District (CBD).

Recommendation of Memorandum 05-144: The Homer Advisory Planning Commission recommends the Homer City Council not adopt the ordinance as proposed. The Commission has found that the proposed rezone conflicts with the stated objective of the 1999 Homer Comprehensive Plan Update - "The City shall encourage in filling of the area planned and zoned as CBD prior to contemplating enlarging the zoning district." Additionally, the Commission recommends creating a special zoning district for the corridor into town.

Mayor Hornaday expressed concern regarding his possible conflict of interest and passed the gavel to Mayor Pro Tempore Yourkowski.

The Mayor advised that Dr. Marley and Jane Pascall are former clients. He also advised that Dr. Marley is a good friend. The Mayor also noted that they are not current clients nor does he foresee them being future clients in that he is essentially retired at this time.

The Mayor responded to inquiry about being impartial that he was used to dealing in similar situations on the bench and as an attorney and that he did not believe he will have a problem being impartial, adding that he is concerned about the appearance of conflict.

Councilmembers commented that there did not seem to be a financial interest, the association is historical, and that with only five Councilmembers present the Mayor would not have a tie breaking/voting situation.

Mayor Pro Tempore Yourkowski ruled that the Mayor did not have a conflict after consultation with the Council, adding that if the Mayor feels uncomfortable in participating that he can certainly leave the table.

Mayor Hornaday received the gavel back from Mayor Pro Tempore Yourkowski.

NO ACTION WAS TAKEN

C. Memorandum 05-145, through City Manager, Re: Recommendation from Homer Advisory Planning Commission for Comprehensive Plan Update and Review and Update of Homer City Code Title 21, Zoning and Planning, for 2006 Budget. Fiscal Note: $100,000.00.

Recommendation: The Homer Advisory Planning Commission recommends an initiation of a comprehensive plan update and a review and rewrite of Homer City Code, Title 21, Zoning.

YOURKOWSKI/HEIMBUCH - MOVED FOR THE ADOPTION OF THE RECOMMENDATION OF MEMORANDUM 05-145.

Comments:

This would probably be contracted out, if Council allocates the money.

Title 21 would be done in two phases. 1 - clean up and get rid of the internal inconsistencies, where there are conflicts, ambiguity, confusion and missing definitions and things like that, and 2 - the major rewrite would be done once the Comprehensive Plan is done - the proper sequence and would therefore assist in implementing the Comprehensive Plan.

The $100,000.00 is not based on a thorough research. Other more recent City studies have cost $50,000.00 to $75,000.00. The Manager and City Planner added a contingency and title 21 work cost estimates were added. If approved that number could be tightened up.

There were concerns that this could bind the Council to appropriate this money.

The final decision will be up to the Council.

WYTHE/STARK - PROPOSED AN AMENDMENT TO THE MOTION TO READ THAT THE COUNCIL WILL TAKE UNDER ADVISEMENT THE INITIATION OF THE PLAN DURING THE BUDGET PROCESS IF FUNDS ARE AVAILABLE.

There was no discussion.

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

Motion carried.

There was no further discussion.

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

Motion carried.

D. Consent Agenda Item A. Homer City Council unapproved meeting minutes of August 8, 2005 Special and Regular Meetings. City Clerk. Recommend approval.

YOURKOWSKI/NOVAK - MOVED FOR THE ADOPTION OF THE SPECIAL MEETING AND REGULAR MEETING MINUTES OF AUGUST 8, 2005.

There was no discussion.

YOURKOWSKI/NOVAK - MOVED TO AMEND THOSE MINUTES TO INCORPORATE FRANK'S CORRECTIONS.

Councilmember Yourkowski noted that these corrections are on the Memorandum that everyone has and asked if the City Clerk had this.

The City Clerk confirmed and asked the Council if it mattered if these were accurate or not.

Councilmember Yourkowski apologized and affirmed that it does matter.

City Clerk Calhoun stated that public comments on correcting the minutes are not necessarily accurate.

Councilmember Stark said that he believes what the Clerk is saying is that in listening to the tape, and using her notes that not everything in the paper before them is correct.

In response to Councilmembers Stark and Yourkowski, the Clerk confirmed that not everything was accurate in Mr. Griswold's corrections to the minutes.

Mayor Hornaday passed the gavel to Mayor Pro Tempore Yourkowski.

Mayor Hornaday asked to add these comments along with Mr. Griswold's, that as he recalled he did indicate that Mr. Griswold could have additional time if he made a sufficient showing and that Mr. Griswold did have final rebuttal.

Mayor Hornaday accepted the gavel back from Mayor Pro Tempore Yourkowski.

Councilmember Yourkowski said that he would like to withdraw the motion and Councilmember Novak concurred. Since the motion has been made, seconded and discussed it belongs to the body and the Council, as a body, concurred to withdraw the motion.

YOURKOWSKI/NOVAK - MOVED TO ASK THE CLERK TO REVIEW THE MINUTES AND TO INCORPORATE THE APPROPRIATE CHANGES FROM MR. GRISWOLD'S REQUEST AS THE CLERK DEEMS APPROPRIATE.

There was no discussion.

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

Motion carried.

There was no discussion.

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

Motion carried.

RESOLUTIONS

None scheduled.

COMMENTS OF THE AUDIENCE

Audience may comment on any matter.

Frank Griswold commented with regard to the minute corrections that the Clerk had not been specific and that he included his written statement that he read from, if there is any doubt. He said that he would be very interested to know what he finds to be accurate, that she does not find to be accurate. He responded to Mayor Hornaday's comment that he was not given any additional opportunity - if the conditions merit. He said that he still has to wonder about the previous group being given 15 minutes and that the Mayor said it was because they had more people. He stated that in a previous appeal that he attended on the hospital CUP, he was the only person here and that he was given 15 minutes at that time. Mr. Griswold said that he had a fifteen minute presentation that he was going to read slowly for the record so that everybody, including the Clerk, could understand and that he was only given ten minutes. He said that he has to wonder if the Mayor's granddaughter worked for him if he would have been given more time, noting that she works for Sourdough Express whose owners were among the parties given 15 minutes. He said that he gave a letter this morning to the City Clerk of 11 pages, specifically saying that he would like it to be in the supplemental packet, emphasizing that one page got in, so the Council gets a secret Memo on it and the press does not get it. He stated that if the press wants it he will fax it to them tomorrow. He told the Council that they are out of control.

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 had no comment.

COMMENTS OF THE MAYOR

Mayor Hornaday had no comment.

COMMENTS OF THE CITY COUNCIL

Councilmembers Yourkowski and Wythe had no comments.

Councilmember Novak stated, in response to Mr. Griswold, that Council is in control, that the Council did get the information, that he did get the point that the information was not available for the press, however, the information can be made available to them and that they are happy to do that..

Councilmember Stark stated, in response to Mr. Griswold, that the fact that Council says so little means that they are in control.

Councilmember Heimbuch, noting that he has not been on the Council all that long, expressed amazement at the number of zoning problems that come before the Council. He noted that Homer is going through a time of unbelievable growth. He noted the amount of staff time spent on these matters and that there needs to be a significant appeal fee.

ADJOURNMENT

There being no further business to come before the Council, Mayor Hornaday adjourned the meeting at 8:01 p.m. The next Regular Meeting is scheduled for Monday, September 12, 2005 at 7 p.m. and the next Committee of the Whole is scheduled for Monday, September 12, 2005 at 4 p.m. and includes a Worksession on the CIP and Legislative Request Project Priorities. A Special Meeting is scheduled for Monday, September 12, 2005 at 5:30 p.m. for a Board of Adjustment Appeal Hearing. All meetings scheduled to be held in the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

__________________________________

MARY L. CALHOUN, CMC, CITY CLERK

APPROVED: ___________________