Session 06-05 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 Cowles Council Chambers located at 491 E Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

PRESENT: COUNCILMEMBERS: HEIMBUCH, McLAY, NOVAK, SHADLE, STARK, WYTHE.

STAFF: CITY CLERK CALHOUN

CITY MANAGER WREDE

CITY PLANNER McKIBBEN

LIBRARY DIRECTOR HILL

PUBLIC WORKS DIRECTOR MEYER

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

Council met as a Committee of the Whole from 4:01 to 5:26.5 p.m. Regarding presentation by

Dave Casey, Corp of Engineers, on Wetland Permitting, Appointments to Advisory bodies, Requested by McLay on January 20, 2006, Potential Economic builders in other boroughs with potential economic boost to the Homer Area, Requested by Shadle on February 6, 2006, and Regular Meeting Agenda items. Held in the Homer City Hall, Cowles Council Chambers.

AGENDA APPROVAL

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

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

Ordinance 06-06 revised, LAB Memo regarding Rescinding Resolution 06-09(S)(A), Written public comments on Ordinance 06-01. Winn Fire Station Site Emails from City Manager. Written public comments regarding rescinding of Resolution 06-09(S)(A). Memorandum 06-24, add to Ordinance 06-06. Typo in Resolution 06-16 corrected on first page a carry over from Resolution 05-125(S). KPB Letter regarding non objection to liquor license renewals. Memorandum 06-25, from Shadle, Juneau Trip Report. Written comments regarding Ordinance 06-01. Written comments regarding Memorandum 06-23.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public Comments upon any matter except Visitors - Boys and Girls Club, Kelly Jackman, and Public Hearing Items Ordinance 06-03, Use of HAWSP and HARP and Ordinance 06-04, Use of water sewer reserves.

Frank Griswold, City resident, addressed the Council regarding Consent Agenda Item B. Ordinance 06-05, changing the zoning for West Hill and East Hill Rural Residential to the CBD. He stated that

the primary purpose of this ordinance seems to be to legalize illegal uses. He expressed his opinion that this is not a proper zoning objective, that it is a bad public policy, it expands the CBD before vacant lots are in filled, which runs counter to the Comprehensive Plan Objective 2, which says: "The City shall encourage in filling of the area planned and zoned as CBD prior to contemplating enlarging the zoning district. He commented on Consent Agenda Item J. Ordinance ⁽¹⁾ 06-19 creating the Gateway Zoning District, or changing the Gateway Zoning District and Rural Residential to mixed residential and commercial zone. He told the Council that he thinks that this is another bad idea and that zoning is supposed to separate conflicting uses not combine them. He voiced his thought that this is a back door attempt to expand the CBD for private financial gain. He advised the Council that he has not heard of a public purpose for doing so, adding that this is also in violation of the Comprehensive Plan. He expressed wonder at whAt is next, maybe a City Wide Zone, just call the whole City mixed zoning? He commented on Ordinance 05-53, the Town Center Development Plan incorporated into the Homer Comprehensive Plan. He suggested that if the Town Center Plan had followed the Comprehensive Plan there would be no need to incorporate it into the Plan and that this is a case of the tail wagging the dog. He pointed out that in many instances the Town Center Plan is in direct conflict with the plan:

Encourages on street parking and parking in pocket parks.

When the Town Square Plan started, the idea was to have parks for the public and now it has turned into this having pocket parks for private parking. A lot of people would be real surprised to see what is in here.

Changes height restrictions.

Proposes road where many people wouldn't think it would be appropriate.

Right now the Comprehensive Plan is under review.

Council could take the portions they like of the Conceptual Plan and incorporate it into the Comprehensive Plan without taking it all. Leave the Conceptual Plan and the concept and leave the Homer Comprehensive Plan our guide for our future development.

He thanked the Council.

Tom Hagberg told the Mayor and Council that he knew when they ran for office they never expected a guy from Anchor Point sitting in front of them with a big grin and a loaf of bread, but here he is. He commented that, by the way, he runs a Charter Boat out of the Homer Harbor so he is here every day in the summer, which is why he is interested in this little issue here. He explained that the big grin is due to picturing the Homer Police answering the 9-1-1 call and seeing them troop into the parking lot, jump out and hand out their first ticket to some kid that just flicked a french fry to a bird, adding that he is thinking that Fox4 News would be interested in that and that it could be on the Cops Program Nationwide, a good use of Homer's Police Department enforcing a bird ordinance. He advised that he is also thinking that for his $20.00 fine he'd get his day in court, although, he advised, that he is not sure how long he can tie up the Judicial System while this issue is weeded out. He informed the Council that is why he brought his loaf of bread so that he could volunteer to be the first one to try this out. He suggested getting Judge Judy involved on this bird feeder issue. He commented that the third thing that he is really grinning about is the fact that the City of Homer, with the fish grinder processing, feeds thousand of Sea Gulls, there are dumpsters out there that feed thousands of birds, and a dump up on the hill that has 100 eagles sitting on it right now. He stated that the bird feeder ordinance is a little bit silly, but that he did bring his loaf of bread so that he could feed a crow to be the first one to test out the Ordinance, noting that the crows are not all in Homer right now and that some are in Anchor Point, and will be there until the first of March when Crow Hunting Season opens up and with the first couple of shots will all fly back into the City of Homer. He thanked the Mayor and inquired if he should wait here for the bird feeder police or if they will come and get him, or what?

Mayor Hornaday advised that they are still working on this.

Marilyn Sigman, City resident and speaking as the Director for the Center for Alaskan Coastal Studies (CACS), addressed the Council about Memorandum 06-23 under New Business, surveying a 40 acre parcel south of East Skyline Drive. She commented that in the Memo CACS is noted as one of the concerned land owners. She clarified a couple of points that the CACS and Winn Nature Center (WNC) are one in the same; the CACS is the organization that owns the land and manages all of the programs and there is not a separate entity, legally, called the WNC. She noted that the CACS is not an advocacy organization, CACS is non profit and rarely takes any positions unless something is going to affect CACS directly. CACS are neither for or against the location of a fire station on the parcel and have not taken a position and will not. CACS as a prudent land owner, of course, thinks it important to prevent fires and that certainly rapid response is important. She noted that CACS has some structures in close proximity to that parcel. Ms. Sigman advised the CACS cannot legally grant an easement, that they are legally bound by their Quit Claim Deed, which is attached to the map she handed out and that basically says that a road cannot be built there and that the only thing that can be granted or constructed, at all, is a trail. Should CACS violate the Quit Claim Deed they forfeit the land. The Winn Foundation can seek injunctive relief immediately to take the land back. She emphasized that CACS cannot grant an easement at this point. The recommendation by the City Manager is that there might be good public reason for the City to acquire that parcel for other public purposes that would be very compatible to how the CACS lands are managed, a wild life habitat. She requested that the Council not under take this action and spend this money with the thought that there is a decision to be made in the future and that this will somehow affect CACS ability to grant an easement. She commented that it feels a little bit like political pressure on the WNC, but they are legally bound by the Deed.

Mis Sigman responded to questions from the Council:

She confirmed that the Winn Foundation is adverse to granting any kind of an easement, also. She commented on a formal meeting that she, the Mayor and City Manager had with Billie Fischer, Carl Winn's daughter. She advised that Ms. Fischer had checked with the trustees and that they are trying to follow wishes that they believe were Carl Winn's that the land would be wildlife habitat and would not be developed in any way and are not, therefore, disposed to make an exception.

She stated that in a meeting, three weeks ago, with Councilmember Stark she did not indicate that the Foundation might revise the prohibition to allow access into the parcel and that she had stated that the Center was not in position to make that decision and that this would have to be taken up with the Foundation.

Carey Anderson, from Palmer, commented that he has been coming to Homer for twenty two years and is here about the issue of feeding birds, particularly as it relates to eagles. He informed the Council that he has written several books about eagles, the first, Valley of the Eagles in 1992, in 1997, Alaska's Magnificent Eagles, published by the Alaska Geographic Society, and most recently the book called, The Eagle Lady, about Homer's own Jean Keene. He voiced his opinion that Homer does not have too many eagles. He advised that he has been to Attu Island, to Barrow, to Ketchikan, and all around this state as a news reporter, journalist and photographer and has researched eagles going back 200 years and has read thousands of documents related to eagles, and has witnessed them throughout the state as well. He stated that Homer does not have any more eagles than many communities in South East or the Aleutian Islands. There are a few people in Homer that would seem to want to vilify eagles, liking to refer to them as top predators or carnivores, as something to be afraid of. He asserted that there need not be fear of eagles, eagles are not going to attack any body. He commented that if anyone sees, out on the Spit, any eagle attacking any other animals or hurting each other to make note of it since it is extremely rare. He commented on the eagles at Haines, wherein there are several thousand, along a short stretch of the Chilkat River, that one would see the same behavior going on there. He reiterated that Homer should not be worried about eagles, that eagles are something Homer should embrace. Homer has become known world wide as a place where people can come and see eagles close up and enjoy them. He stated that, as a personal friend of the Eagle Lady, he would like to see Jean Keene continue on for a few more years, that she is 82 years of age now and probably won't be feeding eagles too much longer. He encouraged the Council to view Jean Keene the way people outside of Homer view her, as something of a treasure, someone who should be appreciated.

Christopher Story, City resident, spoke on two issues. As President of the Kachemak Bay Board of Realtors he spoke in support of Ordinance 05-63 and referred the Council to the letter they submitted. He voiced his belief that the letter speaks for itself and that the Executive Board stands behind the Ordinance. On a personal note he spoke to the Council regarding Ordinance 06-05, that he is a property owner in the affected area. He commented on listening to Mr. Griswold's comments a moment ago, and just asked that the Council look at the larger picture as opposed to the individual benefits. He stated that he looks at the larger benefit to the community as a whole. He commented that he has a ten year old daughter that is interested in becoming an entrepreneur and a business owner in this community. He told the Council that he looks to the future as to where will she, his daughter, develop property, and where will she be able to find a commercial piece of land? In respect to that, looking at the 1999 Update of the Comprehensive Plan action items such as developing streets, utilities, bicycle paths, and green belts that this has been done to the fullest extent possible relative to the core district between the Bypass (Sterling Highway) and Pioneer. He continued, Grubstake, Bonanza and Pioneer have essentially been corked with a trail - great for pedestrian traffic, but what will this do for ingress and egress relative to commercial traffic and it is not very suitable for commercial traffic. He advised that he owns a piece of property in that area as well and that he just does not see the viability of putting in a retail store or any business that requires exposure to the general public. He commented on the Greatland Street properties below Save-U-More, wonderfully zoned commercial properties; however, not all of these are serviced with water and sewer and some are serviced with just water and visa versa. He noted that to get both one would have to penetrate the infrastructure such as pavement, sidewalks and such to bring in the main line. He stated that Ordinance 06-05 is a very comprehensive and reasonable approach to developing further commercial properties, that he does believe that this is reasonable and not harmful to the community, that it is beneficial and would very much appreciate Council's support.

Dr. Bill Marley, City resident, spoke in favor of Ordinance 06-05, for the redistricting of the area on the Sterling Highway up to the over look, bluff point area. He relayed that he attempted to be a person who forwarded the idea to 20 land owners from the Bidarka Inn to West Hill road to have that rezoned and that of the people he contacted 60% of the parcel owners responded in favor of rezone, 75% of the total respondents have voted in favor of the rezoning, 78% by assessed value responded favorably and 80% of the parcels in acreage responded favorably to the rezone. He pointed out that in that particular area there is only one residence and that, as time goes on somehow, property is going to develop. He noted that there is sewer and water there and that development can certainly be expected as Homer has grown. He reported that he drove up and down Pioneer Avenue this fall and counted 40 businesses within the length of Pioneer Avenue that had been either started or greatly changed since the time that he has lived in Homer. He commented on hearing one speaker say that this was not consistent with the Comprehensive Plan, but the fact is that the Comprehensive Plan, interjecting that he thinks it was 1993, states that area should be reconsidered for rezoning as well and he emphasized that the Comprehensive Plan does not just speak to that one issue. In the remaining Central Business District that exists in Homer, only fourteen lots are larger than one acre, seven lots are between .25 and one acre, and a great number of the rest of the lots are residential in size and residential lots for very difficult for businesses to develop. He apprized the Council that there are many other things that he would like to bring up and that he will present these to the Council later in a letter. He expressed hope that everyone would vote for this Ordinance to give it back to the Planning and Zoning Commission. He thanked the Council.

Larry Slone, City Resident, commented on Resolution 06-09, Consortium Library. He commented on the letter that he sent to the Council that they should have in their packet requesting that they formulate a Resolution delaying until next fall to conduct a study on the benefits of combining the two libraries, City and College into a Consortium. He voiced his opinion that the fall would be a good time, by then the Library structure itself would have been completed, everybody would have had the opportunity to consider their perspective and the merits of combining the libraries in the future. He said that if it were to occur in November, that would be after the local elections, in the event there are new people on the Council and they would have the opportunity to get on board. This would not require a combination or merging of the libraries, wouldn't even require a study. He asked that the Council consider the possibility of having a study. He expressed his personal view that he thinks it a fine idea to combine libraries, that it is a wonderful collection that the College has, a lot of high quality books and multi disciplined and that any library in the Country would be very pleased to have them under their roof. He relayed his disagreement with the discussions and testimony that there might be some high technical barriers to overcome in order to be able to accomplish this. There have been comments about the necessity of interacting and interfacing between the computer data basis, interjecting that he does not think that there would be that much of a difference, and that from what he understand these really run almost parallel. In any case the College students have been trained in using the data base, most of their studying and research is going to be done on line, from homer and very little of it is going to actually be done from the actual library itself. With regard to the part time tech, he pointed out that this would actually be a 3/4 time person instead of a 1/2 time person. He commented that apparently the College Library, initially, would require only about 500 square feet to satisfy its demand. He reported that, as he worked it out, in about 12 to 15 years before the College would require the full 1500 square feet, which means that if another addition could be done for 1,000 feet or so for another $300,000.00 that should suffice for seven or eight years. He commented that he thinks it very possible in that case, almost certain, that the Alaska State Legislature would assist in a considerable amount in reimbursing a payment even if the City had to bond for it. He thanked the Library Advisory Board and the Friends of the Library for what they have done thus far to bring the Library to fruition, adding that if they would put as much effort in, or support a composite library with 1/10th as much effort as they put into developing this library structure not only would Homer have a wonderful Library building, but we'd also have superb library.

David Raskin, still live 20 feet outside the City even after the earthquake, commented that he and his wife have worked very hard and donated considerable personal resources to the Homer Library. He advised that he is here to say that he is very pleased to see that the Council is considering rescinding Ordinance 06-09 ⁽²⁾ that deals with a consortium library. Having spent more than 40 years of his life as a scientist, researcher and publisher of many scholarly articles; he acknowledge how difficult it is to face the fact that perhaps one has gone public with something that might be in error. He noted that it takes a great deal of fortitude to face up to changing an action that has been promulgated to the public whether a scientist, politician or just a citizen or in one's personal life. He applauded the Council for considering taking this step and assured the Council that, even though they might be robbing the citizens of this area of the best February, winter controversy issue so far, he is sure that the citizens of Homer will be happy for the Council to do so and know that the resources of this Community can be managed so that a new issue can be found. He thanked the Council very much, adding that he hopes they see their way clear to rescinding that Ordinance.

Ron Keffer, City resident, stated that he would like to revisit, for just a moment, the Library issue. He echoed Mr. Raskin and thanked the Council for reconsidering ⁽³⁾ that Resolution. He reminded the Council and mentioned, so that those who have not been familiar with this, for understanding why those who support the Public Library so strongly have been so upset about the notion of changing its nature at this late date. He told the Council to, first of all, keep in mind that this proposal of a Consortium Library was well considered during the original planning of the Library and rejected when there was no contribution coming from the College. The College offered to pay no money to help build that Library, consequently all who were involved and gave time and money, gave it for a Public Library, that is why they were involved, the main interest was in a Public Library. He stated that few people seem to have noticed that the reduced size of the Library, due to budget constraints, left very little room to share with anyone. He pointed out that 06-09 ⁽⁴⁾ gives 1500 square feet to the College, which is over 70% of the adult stacks, and 06-09, in fact, would make the Public Library into a College Library, with very little Public Library left. Even if the 1500 square feet were reduced, there is a small enough Library left now that the Public Library for which they worked and to which they gave would be pretty much gone. He noted that those who were so eager for a Consortium Library did not appear in the early planning with money or with the hard work that put that Library together. He applauded Council's efforts to go back and restore what they worked so hard for, the Public Library for Homer. Mr. Keffer responded to Mayor and Council inquiry that:

06-09 allots 1500 square feet of stack space for the College and that if one actually sits down and take the plan of the Library and do a little color coding and color in that 1500 square feet, it will be found that the 1500 square feet takes up about 70% of the adult stack space that was originally in the Library and currently planned out.

There is 2000 square feet for the adult stacks, that does not include the children's stacks, which are off to one side in that plan.

It also took up a large portion of the office space as it was originally written in 06-09.

The current library is 3500 square feet. Is this a Library, a citadel of knowledge, or a Community Center? There was a long planning process that went into constructing this Library and in putting together that plan it was designed to be a Public Library of the modern sort, which includes, not just stack space for books, but also space for the kinds of activities that ordinarily would take place in a modern library. Those activities include room for computers and computer use, room for public meetings, large children's area and above all it includes the area that the Public Library currently does not have, office space for employees of the Library to put together the kind of programs they were hoping they would get.

Regarding Resolution 06-09(S)(A), the 1500 square feet is in the Memorandum of Understanding. Council and staff clarified that there is not an operational Memorandum of Understanding, that this was for some kind of approval a year and a half down the way through the amendment to the Resolution.

Mr. Keffer commented that if the Memorandum is not part of it then there has been a considerable misunderstanding between the Council, the public, what is actually posted on line as to what the Council passed. He told that Council that this is the motion that he understood.

There were a few more comments in clarifying the Resolution.

Councilmember Wythe, Mr. Mayor Point of Order. (Council and public deliberating)

Mayor Hornaday recognized the Point of Order, saying, "Well taken." The Mayor moved the meeting on.

Ann Keffer, City resident, thanked the Council for bringing the reconsideration ⁽⁵⁾ for the consortium library resolution and urged them to rescind that resolution, being in the best interest for the City of Homer for all the reasons that Council has already heard. She pointed out that in the public process that took place when this building was being designed there were spaces included that were for the purpose of study and research. Those spaces should not be held against the design of the building at this point. She noted that there are several study rooms, a conference room, there is not a large room for projection, having been cut out of the design early on to make room for more of the kind of spaces that students might use when they come into the Public Library to do the kinds of things that students do in Public Libraries. She told the Council that she thought those things somewhat different from the things students are prone to do in an academic library. She once again urged the Council to reconsider/rescind the resolution. She thanked the Council.

Angie Newby, Homer resident, encouraged the Council to withdraw Ordinance 06-05 from the Consent Agenda and to actually defeat it now in its introductory phase. She commented that somewhere along the line everyone has lost sight of the fact that good thoughtful planning, with the teeth to enforce violation, is a corner stone to strong economic development in the Community. She commented she and her husband visited several dozen communities in California, Utah, Arizona, Florida, Georgia and South Carolina, it was like a real estate busman's tour. She commented that they were looking forward to their future winter snow bird years and doing some early reconnaissance. She reported that it was amazing, there were several places throughout those states with great weather, nice house designs and wonderful lots. Many of those areas were very affordable, but lacked character, careful planning, commitment to the arts, and the sense of community. The handful of communities that they visited that had those attributes are not currently affordable, with skyrocketing property values as well planned, attractive small towns have moved forward. Property values have not increased in the same way in an anything goes, sprawled community. She clarified that she is not saying that this is an anything goes Ordinance, that it is an Ordinance that is currently sending the wrong message. The Ordinance is completely different from the Resolution 06-19, The 06-05 Ordinance puts completely zoning actually into effect. It circumvents the role of the Planning Commission and the opportunity for thoughtful public input. It is a prime example of spot zoning. CBD currently stops just before the Day Care Center and the Church of Christ out East End Road. She queried why have the CBD stop there and then suddenly take up for five lots at the corner of East Road and East Hill, what about all those RO lots in between. She suggested and asked if it would not be better to have the Planning Commission look at the entire East Road area and to make recommendations for a more complete and thoughtful zoning change. On the highway west of town three properties on the south side of the road by West Hill are not included in the proposed zoning change, while across the street a corner residential lot in a developed subdivision with strong covenants against commercial use is included. According to Ms. Newby the owners of three deleted lots across the street were not consulted. She stated that this concept requires more consideration before becoming an Ordinance. She strongly urged the Council to vote against the Ordinance during the introductory stage and, instead, direct the Planning Commission to consider zoning in general as an integral part of the recently funded Comprehensive Plan rewrite. She encouraged the Council to remember that good planning is a strong economic development tool for everyone and that bad planning and zoning decisions are not good for anyone. She thanked the Council. Angie Newby interjected a clarification that Chris Story was not correct about those commercial lots on Great Land Street, that these are going to be developed and that water and sewer will be available to every single one, so if the Mayor and Council knows of anyone looking for Commercial property.....

Nancy Lord, City resident and Chair of the Library Advisory Board, stated that she was not planning on speaking and pointed out, regarding rescinding Resolution 06-09, that there is a Memorandum from the Library Advisory Board and assumed that the Council would have read it. She told the Council that the Memo contains a couple of findings and a recommendation that the Council does, please, rescind the Resolution and further that the City could formalize in a Memorandum of Understanding a cooperative relationship with the college regarding library resources and services that respects the responsibilities of each institute to its mission and core constituency, each in its own building, while providing for cost efficiencies and community service and that such an agreement may be developed after the New Homer Public Library, is optional and by mutual agreement. She addressed the space thing, that the 2,000 square feet that has been discussed is a number that came from the college as to what they would desire for space for their person, book space, and then also shared space in addition to that. She relayed that the Library Advisory Board, with library people, did a space analysis study that was presented to the City Council in the year 2000, adding that they had professional assistance doing that, that identified that 2500 square feet needed for the college the size that it was giving two year certificates. She advised the Council that she just wanted to make sure that they had that information to back that up and to correct the record on that.

Mayor Hornaday advised that they do have the Memorandum.

Terry Reed told the Council that she is a new resident to Homer, having been here about two years. She stated that she does not know a lot of people, but that she is an avid reader and library user for over 35 years. She stated that she is basically really confused right now, that the Council is talking about a resolution that some say it says one thing and the other half says that it says something else. She queried if this resolution is supposed to be that the Council wants to do a study about the future of a consortium in Homer or not? She told the Council that she has been on the telephone and has asked dozens of people if they know what this is about; adding that it sounds like people are just getting their noses out of joint, because they were not informed about something. She noted that there is a focus on process not outcome. She commented that she has read all the letters to the editors, has talked to the people intimately involved in the library, talked with a lot of users and with librarians across Alaska that have consortium libraries, and that she has done her own research. She relayed her conclusion that very few people in Homer actually know what a consortium is, it isn't just moving 1500 square foot of books into another building. She expressed her admiration for all of the hard work that they did to get this library built, adding that it is just wonderful. She noted that the donated dollars were really helpful, but that the $6 million that it cost to build the Library came for everyone's pockets. She stated that spending that much money for a simple stand alone facility is a waste of tax dollars. She expressed objections to limiting the use of that building for future users to just one kind of library seems wrong. She commented on the mention that four years ago it was decided that a consortium was not wanted or needed in Homer, adding that people don't seem to understand what a consortium is and therefore, wondered how people know if it is wanted or needed. She commented about the City Council, the publicly elected leaders, asking for a discussion about whether or not this would be a good thing. She spoke for others and herself that they believe that a new discussion is needed, adding that a consortium can bring in a lot more than just operating costs and taxes to support itself. She continued: We live in an age of monumental access to unlimited raw information. The information highway was opened fully in the 1990s and, today, in the 21st Century we're speeding along its multi level global circuits. It feels to me like Homer is poised on the entrance rap, ready to speed up and blend in with the traffic. A Consortium Library, a partnership between the Public Library and the University of Alaska system is inevitable. Knowledge and information are public goods. Libraries are the intellectual crossroads the Community and they ensure access to knowledge today and to succeeding generations. A new knowledge commons is emerging, a partnership based enterprising merging traditional library collections with digital library services. I believe that eventually here in Homer like in other small towns across America.... Time was up. She expressed her hope that everyone would understand more about consortiums before saying no to even talking about it.

RECONSIDERATION

A. Memorandum 06-14, from City Clerk, Re: Heimbuch request that Resolution 06-09(S)(A) be rescinded.

Recommendation: Move to rescind Resolution 06-09(S)(A).

Mayor advised all of the process for rescinding as noted in Memorandum 06-14.

HEIMBUCH/SHADLE - SO MOVED TO RESCIND RESOLUTION 06-09(S)(A).

Council discussion included comments about

Archaic view of libraries is that libraries are book repositories only.

Current day libraries provide many educational programs and need the space to do so.

The intent and meaning of Resolution 06-09(S)(A) has been misunderstood and misrepresented.

This library issue should never have been an issue.

There already was a process to ascertain if a consortium library was the best for the community, and will be further reviewed once the New Library is operational.

Without the study/analysis provided for in the Resolution it will not be known if a consortium library is best for the community.

Rescinding this Resolution does not eliminate the possibility of reviewing this situation in the future.

NOVAK/STARK - CALLED FOR THE QUESTION.

Chair asked if there were any objections, there were none expressed.

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

NO: SHADLE.

Motion carried.

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 Wythe pulled Item B. Ordinance 06-05 and requested that this be placed under Ordinances as Item D., pulled Item D. and required that it be placed under Ordinances as Item E. and pulled item J. and requested that it be placed under Resolutions as Item A.

A. Homer City Council unapproved meeting minutes of January 23, 2006 Regular Meeting. City Clerk. Recommend approval.

B. Ordinance 06-05, Of the City Council of the City of Homer, Alaska Amending Homer City Zoning Map to Rezone to Central Business District (CBD), Portions of Rural Residential (RR) and Portions of Urban Residential (UR) Zoning Districts fronting on the Sterling Highway West Hill Area to the South West Boundary of the Central Business District (CBD), and to Rezone to Central Business District (CBD) Portions of Rural Residential (RR), Urban Residential (UR) and Residential Office (RO) Zoning Districts fronting East End Road in the East Hill Area. Shadle. Recommend introduction, forward to Planning Commission for public hearing and comment, Council's public hearing on February 27, 2006, second reading on March 13, 2006.

Placed under Ordinances as item D.

C. Ordinance 06-06, Of the City Council of Homer, Alaska Appropriating and Authorizing the use of Port and Harbor Reserves Fund up to $90,000.00, Authorizing the Emergency Replacement of the Damaged Gangway at Ramp 7 with an ADA Compliant Gangway 80 Feet in Length, and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Recommend introduction and conduct public hearing and second reading on February 27, 2006.

Memorandum 06-15, from Port and Harbor Director as backup.

Memorandum 06-24, from City Manager, additional backup.

D. Ordinance 06-07, Of the City Council of the City of Homer, Amending the Official Road Maintenance Map of the City of Homer by Adding 4800 Lineal Feet or .909 Mile of Rural Road, in Tulin Terrace Subdivision. City Clerk. Recommend introduction and conduct public hearing and second reading on February 27, 2006.

Memorandum 06-16 , from Public Works as backup.

Placed under Ordinances as Item E.

E. Resolution 06-14, Of the Homer City Council, Requesting that the Alaska State Legislature Amend Alaska Statute 41.14.050 to Change the Fire Season Start Date from May 1st to April 1st of Each Year. City Manager. Recommend adoption

Memorandum 06-17 from Fire Chief as backup.

F. Resolution 06-15, Of the City Council of Homer, Alaska in Support of Senate Bill 193, an Act Relating to an Optional Deferral of Municipal Property Taxes on Certain Primary Residences Owned and Occupied by Individuals with Incomes at or Below Federal Poverty Guidelines for the State, that Amends AS 29. Shadle. Recommend adoption.

G. Resolution 06-16, Of the City Council Amending the City of Homer Fee Schedule Clerk Fees, Regarding Reproduction of Digital Recording of Meetings. City Clerk. Recommend adoption

H. Resolution 06-17, Of the City Council Amending the City of Homer Record Retention Schedule to Include Retention of Digital Recording of Meetings. City Clerk. Recommend adoption

I. Resolution 06-18, Of the City Council Amending the City of Homer Procurement Policy and Procedures Manual, Travel Authorization and Expenditure Report Forms Regarding the Personal Auto Use Mileage Rate from $0.405 to $0.445. City Clerk. Recommend adoption

J. Resolution 06-19, Of the City Council Directing Planning Staff to Write An Ordinance Creating a New Zoning District Defining Commercial and Residential Use Along the Sterling Highway from the Baycrest Hill City Limits to the Bidarka Inn, to be Henceforth called the Gateway Zoning District. Novak. Recommend adoption.

Placed under Resolutions as Item A.

K. Memorandum 06-18, from Mayor, Re: Appointment of Councilmember Shadle as the City's Representative on the National League of Cities. Recommend confirmation.

L. Memorandum 06-19, from City Clerk, Re: Liquor License Renewals for Starvin Marvins, Fresh Sourdough Express, Frosty Bear Ice Cream Parlor and The Den Restaurant, Happy Face, Captain Patties Fish House, BPO Elks Lodge #2127, Eagle Liquor, Save-U-More Liquor, and Kharacters. Recommend voice approval and non objection.

M. Memorandum 06-20, from City Clerk, Re: Revisions to Ordinance 05-17(S) that fall under revisor authority. Recommend approval.

WYTHE/McLAY - SO MOVED TO ADOPT AND/OR APPROVE THE RECOMMENDATIONS OF THE CONSENT AGENDA AS READ AND AS AMENDED - Excluding Items. B. D and J. which were placed elsewhere on the agenda.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

A. Boys and Girls Club - Kelly Jackman (10 minutes)

Ms. Jackman, Unit Director of the Homer Boys and Girls Club, gave a short presentation and report:

Open for Children ages six to eighteen. Probably serve 50 to 65 kids per day during the after school programming. Core age group is six to eleven year olds, 10% of the daily average attendance is teens. Working to build the teen membership. There are 120 members registered for 2006. Special Guests are welcome daily. Kids are expected to enroll as members, no child will be turned away. The yearly/annual membership fee is a mere $20 and scholarships are offered to those families in need.

She expressed appreciation and thankfulness to the Mayor, Council and City for the use of the building and for maintenance for the Boys and Girls Club, and without this help the Boys and Girls Club would not exist.

She advised that it is her objective to provide a positive outlet, like the Club, for the youth in this unique community. The location is prime for children to access on their own, or transportation is graciously provided by the KPB School Bus system. The facility provides a gymnasium, ideal for the athletics programs and extra curricular activities and provides a meeting and gathering place for the kids to exercise, socialize and just release the day's energy after studying all day at school. A tutor is provided to help with homework. Other successful programs such as arts and crafts, computer technology, and developing science programs provide positive choices for these kids to make and open doors to discovery. Looking ahead - studies are going to be expanded of marine sciences with the help of an Emersion Presents Grant, the main goal to put the Homer Club House on the map, being identified by the fun environmental studies and activities. Today, the Club is at critical times, Boys and Girls Club of Homer needs to maximize its human and financial resources to benefit the youth of the Homer Area. If it weren't for places like the Club and the positive individuals that have the vision to create outlets for the youth, the alternatives could very well be a dark path of crime and delinquency. The Boys and Girls Club commitment to growth and quality is based on concern for deserving youth as well as National interest. Soon these boys and girls will become the main stay of America's economy. By aiding in their development all of society benefits.

She closed by stating that she has a mission, it is about the future. There is more hope when accompanied by vision and purpose. A life well spent with nurturing and positive influence can only mean success. She urged all concerned citizens of the Homer area to take action in the matters of the youth. She encouraged all to contact her any time. She thanked the City of Homer and the parent and guardians and especially the cool kids that she gets to spend her afternoons and days with, that all these keep her humble and appreciative of every intricate moment of life.

Mayor Hornaday and Councilmember Stark thanked Ms. Jackman for her good work.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. Memorandum 06-21, from Stark, Report on Juneau Trip.

B. Memorandum 06-22, from McLay, Report on Juneau Trip.

C. PWSRCAC (Prince William Sound Regional Citizen's Advisory Council) Report by Representative Velsko.

D. Memorandum 06-25, from Shadle, Report on Juneau Trip.

Mayor Hornaday noted that Councilmember Stark has been very active in his new position on the Board of Directions of the Alaska Municipal League (AML) and now has Homer welcoming the the AML Summer Meeting, adding that he knows that he will do a wonderful job organizing all those activities for those attending.

Councilmember Stark reported that in the Harbor area there will be an academy, by the USCG, for the boat drivers, which will bring people from all over South Central Alaska, thereby resulting in two other additional safe boats that will be trailered here from Whittier and Seward for the academy. There will be about 15 to 20 people here each year and that this academy is generally held in April. This will be another economic shot in the arm for Homer.

Mayor Hornaday thanked those who went to Juneau.

John Velsko was commended for his work, time and effort on the PWSRCAC on behalf of the City of Homer. Mr. Velsko stressed that the one thing that affects the Lower Cook Inlet is that a lot of the professional mariners that work on the Tug Escort System in Prince William Sound come from Homer and that this adds a lot of money to this economy. He added that there are a large number of Homer vessels that participate in the fishing vessel training that are part of the Oil Spill Contingency Plan for Prince William Sound. Even though Homer is a down stream community this is a Federally Mandated program and Homer needs to keep on top of it.

Mayor Hornaday expressed appreciation for Mr. Velsko's good work, interjecting that he wished that CIRCAC had the money that PWSRCAC has, as well as the tugs and all of the protection that Prince William Sound has.

Mr. Velsko added that PWSRCAC works closely within the legal boundaries of their charge with Cook Inlet and that PWSRCAC will do anything that they can legally do to help CIRCAC. He noted that it is not standard operating procedure to have an oil laden tanker on the beach. ⁽⁶⁾

PUBLIC HEARING(S)

A. Ordinance 06-03, Of the City Council Authorizing the Use of Homer Accelerated Water and Sewer Program (HAWSP) Funds for Water Mainline Extensions, the use of Homer Accelerated Roads Program (HARP) Funds for Additional Gravel for Adams Street and Providing for a Deferred Assessment Process. City Manager Fiscal Note: For Water Line $243,320.00 East Hill and $59,840.00 for Adams Street Water Line. Gravel $13,500.00. (First Reading January 23, 2006, Public Hearing and Second Reading February 13, 2006.).

There was no public testimony.

McLAY/SHADLE - SO MOVED FOR THE ADOPTION OF ORDINANCE 06-03 BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Ordinance 06-04, Of the City Council Authorizing the Use of Water/Sewer Utility Reserve Funds to Reimburse the Alaska Department of Transportation and Public Facilities (ADOT/PF) $41,130.94 for the Sterling Highway Homer Hill Utility Project 59282 and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Funds to be appropriated from the Water and Sewer Reserve Fund. Expenditure Professional Services account number 215-378-5210, $41,130.94. (First Reading January 23, 2006, Public Hearing and Second Reading February 13, 2006.).

There was no public testimony.

WYTHE/NOVAK - MOVED FOR THE ADOPTION OF ORDINANCE 06-04 BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Mayor Hornaday called for a break at 8:14.17 and reconvened the meeting at 8:26 pm.

ORDINANCE(S)

A. Ordinance 05-53, Of the City Council of Homer, Alaska Adding the Town Center Development Plan to the Homer Comprehensive Plan and Recommending Adoption by the Kenai Peninsula Borough. City Council. (First Reading October 10, 2005, Public Hearing and Second Reading October 24, 2005 Tabled, Request back by Councilmember Wythe.)

Quarterly time limit has passed. The Planning Commission has already weighed in on this matter.

WYTHE/NOVAK - I WOULD LIKE THE MOTION TO READ THAT WE WILL BE CHANGING THE NUMBER FROM 05-53 TO 06-08 AND ADOPT FOR A FIRST INTRODUCTION AND READING BY READING OF TITLE ONLY, SETTING THE PUBLIC HEARINGS FOR FEBRUARY 27TH AND MARCH 27TH AND FOR THE SECOND READING ON MARCH 27TH AS OPPOSED TO MARCH 13TH.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Ordinance 05-63, Of the City Council of Homer, Alaska Amending Homer City Code Sub Section 21.42.030(a), under Zoning Permit Issuance and Denial to Eliminate Corps of Engineers Permits as a Condition for Issuing a Zoning Permit. Heimbuch. (First Reading November 14, 2005 Sent to Planning Commission for Hearing and Review, Public Hearing November 28, Second Reading December 12, 2005 Tabled, Request back by Councilmember Shadle.). Page 345

B. 1. Ordinance 05-63(S), Of the City Council of Homer, Alaska Amending Homer City Code Paragraph 21.42.020(b)(6), Zoning Permit Application and Subsection 21.42.030(a), Zoning Permit Issuance and Denial to Eliminate Corps of Engineers Permits as a Condition for Issuing a Zoning Permit.

MAIN MOTION AS TABLED: HEIMBUCH/WYTHE - MOVED TO ADOPT. HEIMBUCH/WYTHE -MOVED TO TABLE THIS ORDINANCE.

WYTHE/NOVAK - MOVED TO BRING ORDINANCE 05-63 BACK FROM THE TABLE.

There is no discussion on a motion of this nature.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

HEIMBUCH/WYTHE/SHADLE - SO MOVED TO ADOPT ORDINANCE 05-63(S) BY READING OF TITLE ONLY.

Council discussion included the following:

There was no public testimony at the previous meetings on this Ordinance. However, concern has been expressed about what is happening in the transition from the old wetlands map to the new wetlands map.

The presentation at the Committee of the Whole from the Army Corp of Engineers (ACOE or COE) was fair, but did not go very far in answering the questions that may arise when this new map is fully implemented and the designations are in place. What will happen as a result of the City of Homer losing its General Permit to administer the low value wetlands, the outcome is unknown. Not sure that this will create a time crunch for people as the result of the City of Homer losing that permit.

There are some substantive questions before the Council as to what is going to happen and the basic ability of people to use their lands with different wetland delineations here in the City. That process is underway. Council cannot adequately deal with this Ordinance until Council has more information, until this process gets further down the road and there is time to assess the implications under that new map.

The real problem exists with the new grey area and this new map that is not complete. The map is in process and the new grey area is being addressed. Until the wetlands can be labeled no one is going to know. The ACOE has jurisdiction over the City and can pull the General Permit away from the City. All the high value wetlands goes through the ACOE anyway. It is in the City's best interest and in the public's best interest to stream line this and let the ACOE deal with the wetlands permitting. Once the map is done and wetlands labeled then the City can maybe get the permit back from them. This would make it easier for the people and the Planning Department.

City Manager Wrede advised that the Administration has some concerns about this for a number of reasons: 1) Mixing apples and oranges, does not have a lot to do with the General Permit. Think it is in the Code right now to provide a service, not only to the community, but it makes it easier for the Planning Staff. The Service to the community is one of the things we do, it is education to the public about permits that might be needed. This is part of the outreach that the Planning Department does. Think this is a service that a lot of people appreciate. It would be a disservice to the public to not do that. 2) It makes it easier for the staff to require that all the permits are in place first before issuing a zoning permit. Even if this is eliminated it still will fall upon the staff, because once someone gets a zoning permit and start building, if they don't have a ACOE permit, the Planning staff will get all the calls. It may add to the staff time.

Council discussion continued:

ACOE would expect the Planning Department to go out and track violations, however, ACOE can not require the City to do that. This is not the City's permitting process, this is not the City's problem.

ACOE has to do their own enforcement.

The substitution takes away the requirement for an applicant to have the ACOE permit before the City issues a zoning permit.

The Planning Staff is still going to notify the zoning permit applicant regarding ACOE permitting and provide a wetlands map.

The City has no liability if the zoning permit applicant fails to get an ACOE permit.

WYTHE/NOVAK - I WOULD LIKE TO MAKE ONE MOTION TO AMEND ON LINES 52 AND 53, THE STATEMENT THAT SAYS "THIS DOES NOT RELIEVE THE APPLICANT FROM ATTAINING A PERMIT FROM THE COE IF REQUIRED".

21.42.020 Application. a. Only the owner or lessee of the lot or a person authorized in writing by the owner or lessee may apply for a zoning permit. The Planning Director may require the applicant to submit proof of authority to apply for a zoning permit.

b. All applications for zoning permits shall be on forms furnished by the City. The application shall require the following information:

1. The name and residence and mailing addresses of the owner of the lot and, if applicable, the lessee of the lot;

2. The legal description and street address of the lot;

3. A narrative description of the intended use of the lot, building, or structure;

4. The zoning code use classification under which the permit is sought;

5. For new buildings or structures, or for changes to the exterior dimensions of existing buildings or structures, a survey, plat, or plan, drawn to scale of not less than 1" = 20'. The survey, plat, or plan shall show the actual dimensions of the lot, the exact size, plan and elevation drawings and location of the buildings and structures erected or to be erected thereon, adjacent street rights-of-way, utility easements and facilities, building setbacks, driveways, the number and location of any off-street parking or loading spaces, and drainage;

6. Copies of any building permits or other permits required by applicable law or regulations, with the exception that Corps of Engineers Permits will not be required by the City. [This does not relieve the applicant from obtaining a Permit from the Corp of Engineers if required;]

7. Copies of approved plans as required by code, such as but not limited to, Traffic Impact Analysis, Development Activity Plan, and Storm Water Plan.

8. Such additional information as the Planning Director shall require to determine whether the application satisfies the requirements for issuance of a permit; and

9. The applicant's signed certification that all the information contained in the application is true and correct. (Ord. 04-38(A), §9, 2004; Ord. 04-11(A)2, 2004; Ord 99-12(A) 1, 1999.)

Discussion on amendment.

The sentence being struck is redundant and not needed.

Some of the developers in town have had to go back and apply for a COE permit due to there being a lack of clearness as to what permit is needed. There still is a lack of clearness if the City is not relieving the applicant from the need to acquire a permit. This is a bit confusing.

If this language is struck the City is no longer responsible and is, actually, going beyond its scope of responsibility even by saying as an aside, here is the wetlands map, here is your property within it, and that the applicant may want to contact the COE and see if you need a permit. This is a courtesy. This removes the City totally from the administrative function of worrying about whether or not the applicant has a permit, which is not the City's responsibility unless the City chooses to accept that responsibility.

If the City does get out of the business, knowing full well that people need a COE permit. The City advocates on that just, because we don't want to do it. Strike out language in City ordinances with references to COE permits. The City does not really have a compelling interest of washing its hands of the permitting requirements of private property owners even though it relates to a federal jurisdiction.

Concern expressed that if the City knows full well that a zoning permit applicant needs a COE permit and does not pull out all stops to see that every step along the way. The City cannot just walk away from the knowledge that the applicant needs this permit.

The City is going to advise the applicant that there permits may be needed: The language is: Further, the applicant will be furnished with a Wetlands map of the effected parcel and urged to contact the Corps of Engineers to obtain the necessary permits if required. The City is just getting out of the permitting business, not eliminating the information.

This is a good move. Only the COE knows if the applicant needs a COE permit. This is the applicant's choice. This is one more degree of freedom.

This is extremely clear. This will be the same treatment for everyone that buys a zoning permit, they will all be told - go to the COE. That is pretty clear, if you want to build something go to the COE.

If the City has a General Permit to issue permits in low value, minimal impact wetland environments and that has been defined. Would that simplify the process for applicant or does the City not want to have that General Permit?

Councilmember Wythe called for a point of order regarding discussing the amendment and not the ordinance as a whole.

There was no further discussion.

VOTE: (primary amendment 2.) YES: SHADLE, STARK, NOVAK, HEIMBUCH, McLAY, WYTHE.

Motion carried.

Further discussion on the motion as amended.

Council is not being negligent and stream lining is not a bad thing in this case. The objective being getting out of the business. The COE is an entity, yes they are understaffed as is the City. By accepting the responsibility the City is placing a burden on its staff, which should, indeed, be placed on someone else's staff. The indication from the COE staff today, is that it takes two to four weeks to get that permit. The City Planner was asked if having the City do the permitting if it reduces the time.

City Planner McKibben responded: Planning has only issued one or two low value general permits in the last two and one half years. This does not take very long and depends on the completeness of the application. Four weeks would probably be exceptionally long if the City were to issue a low value permit. She was asked if this requirement were eliminated would be a shorter period of time to receive permitting through the City, because now Planning will not be held up by how long it takes the applicant to get through the COE. The City Planner responded that she does not think so, because a good applicant would be working on that paperwork before they brought their permits to the City of Homer and would incorporate that time line into their planning process as they plan for their permitting. The COE permit is not the only federal permit an applicant might need. She commented on EPA permitting, such as for the Library Project, State permits such as to cross critical habitat, DEC permits, other state permits, or City permits such as for a driveway. She advised that Planning facilitates these permits as much as they do for COE permits. The City has no other permitting authority. If this were adopted today, Planning could still issue a permit for fill with in low value wetlands and anything else would still have to go to the COE. She stated that the City's General Permit has been renewed, but the ACOE is considering not renewing it.

Councilmember Heimbuch stated that if this discussion were just about low value wetlands there would be no problem. Whether or not the City has a map, General Permit, does not create heart burn with allowing people to go ahead in what is clearly marked as low value wetlands. He stated that he has no interest in giving people a building permit (zoning permit) knowing that they have high value wetlands and just saying, "take your chances." He expressed his desire to wait on this and see the delineation, what is adopted and how it is all spelled out. If at that point, whether the City has a General Permit or not, the Council could make a decision on the low value wetlands and the risk the City wants to let people take, but if there are high value wetlands and there is a real renegade that just decides to go out there and build something in it, it is not good policy for the City to do nothing. This is probably not a likely scenario, but could happen if the City washes its hands of this in entirety with regard to the wetlands. He suggested waiting a couple of months and see where the chips fall.

HEIMBUCH/McLAY - MOVED TO TABLE.

There is no discussion on a motion to table.

VOTE: (to table) YES: McLAY, WYTHE, SHADLE, NOVAK, HEIMBUCH.

NO: STARK.

Motion carried.

21.42.020 Application. a. Only the owner or lessee of the lot or a person authorized in writing by the owner or lessee may apply for a zoning permit. The Planning Director may require the applicant to submit proof of authority to apply for a zoning permit.

b. All applications for zoning permits shall be on forms furnished by the City. The application shall require the following information:

1. The name and residence and mailing addresses of the owner of the lot and, if applicable, the lessee of the lot;

2. The legal description and street address of the lot;

3. A narrative description of the intended use of the lot, building, or structure;

4. The zoning code use classification under which the permit is sought;

5. For new buildings or structures, or for changes to the exterior dimensions of existing buildings or structures, a survey, plat, or plan, drawn to scale of not less than 1" = 20'. The survey, plat, or plan shall show the actual dimensions of the lot, the exact size, plan and elevation drawings and location of the buildings and structures erected or to be erected thereon, adjacent street rights-of-way, utility easements and facilities, building setbacks, driveways, the number and location of any off-street parking or loading spaces, and drainage;

6. Copies of any building permits or other permits required by applicable law or regulations, with the exception that Corps of Engineers Permits will not be required by the City. [This does not relieve the applicant from obtaining a Permit from the Corp of Engineers if required;]

7. Copies of approved plans as required by code, such as but not limited to, Traffic Impact Analysis, Development Activity Plan, and Storm Water Plan.

8. Such additional information as the Planning Director shall require to determine whether the application satisfies the requirements for issuance of a permit; and

9. The applicant's signed certification that all the information contained in the application is true and correct. (Ord. 04-38(A), §9, 2004; Ord. 04-11(A)2, 2004; Ord 99-12(A) 1, 1999.)

21.42.030 Permit issuance and denial. a. The Planning Director will review the application to determine whether the proposed building or structure, and intended use, comply with the zoning code and other applicable provisions of the City Code, and to determine whether all permits and approvals required by applicable federal, state, or local law or regulation have been obtained with the exception of a Permit from the Corps of Engineers. The Planning Director may also refer the application to other City officials for review and approval for compliance with applicable City Code. If the application meets all of the requirements, the Planning Director will issue a written zoning permit. Further, the applicant will be furnished with a Wetlands map of the effected parcel and urged to contact the Corps of Engineers to obtain the necessary permits if required.

C. Ordinance 06-01, Of the City Council of the City of Homer, Alaska Amending Homer City Code Chapter 5, Health and Public Safety, to Add a New Chapter Prohibiting the Intentional Feeding and Baiting of Certain Predatory and Scavenger Birds. McLay. (First Reading January 9, 2006, Public Hearing January 23, 2006, Second Reading for February 13, 2006.)

Councilmember McLay's suggested amendment, provided in packets.

Councilmember McLay called a point of order and asked the Mayor to not read the proposed amendment.

MCLAY/HEIMBUCH - MOVED FOR THE ADOPTION OF ORDINANCE 06-01 BY READING OF TITLE.

There was no discussion.

McLAY/HEIMBUCH/STARK - I MOVE TO AMEND ORDINANCE 06-01 TO ADD A NEW SECTION 3. TO READ, "THIS ORDINANCE SHALL BECOME EFFECTIVE JUNE 1, 2006".

There was no discussion.

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

Motion carried.

There was no discussion.

McLAY/STARK - I MOVE TO AMEND ORDINANCE 06-01 TO ADD A NEW SECTION 4. TO READ,"WHEREAS, JEAN KEENE HAS FED EAGLES ON THE PROPERTY WHERE SHE LIVES FOR APPROXIMATELY TWENTY FIVE YEARS. THE CITY OF HOMER SHALL ISSUE HER A LETTER OF APPROVAL TO CONTINUE FEEDING AT THIS LOCATION ONLY. COMMENCING HER FEEDING OF EAGLES NOT BEFORE DECEMBER 20TH AND FINISHING NOT AFTER APRIL 1 ST AND TO CEASE THIS PRACTICE NOT LATER THAN APRIL 1, 2010."

There was no discussion.

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

Motion carried.

Councilmember McLay reported on receiving a lot of nasty phone calls and letters, adding that he has made every effort to not make this a personal item, which he has been forced to do. Documentation has been provided showing the problems that have been seen nationwide of feeding of eagles. He advised that the only information received from the other side is, "I don't think it hurts anything.", which is no proof on any avenue. He relayed his history in Homer, watching the process of feeding the eagles and that he has seen the growth of scavenger birds in Homer, beyond anything he ever saw before. He commented on seeing the problems derived as a result. One complaint received is that he is against tourists coming to Homer in the winter time to photograph eagles. If this is a real problem, he asserted, then the photographers out to be better photographers since there are eagles here all the time and that it does not take 200 eagles to take a picture of an eagle, nor does a fish have to be thrown out to get an eagle to land beside someone. He commented about photographers taking pictures of the eagles and portraying these as pictures taken in the wilds of Alaska. This ordinance will not stop picture taking of eagles on the Spit. There are resident eagles on the Spit. He relayed some of the problems of eagles on the spit, that on his own boat eagles broke the windshield and antennae off his boat's crows nest. He attributes this to the mass of eagles and the eagles trying to find some place to be. This Ordinance will solve a lot of problems, not eliminate the tourists and photographers coming here to see eagles.

WYTHE/ - MOVED TO STRIKE SECTION 5.38.040 Regulations. The city manager may adopt regulations pursuant to implement the provisions of this chapter, which shall become effective upon approval by resolution of the City Council after conducting a public hearing.

Motion was withdrawn.

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

MOTION CARRIED.

D. Consent Agenda Item B. Ordinance 06-05, Of the City Council of the City of Homer, Alaska Amending Homer City Zoning Map to Rezone to Central Business District (CBD), Portions of Rural Residential (RR) and Portions of Urban Residential (UR) Zoning Districts fronting on the Sterling Highway West Hill Area to the South West Boundary of the Central Business District (CBD), and to Rezone to Central Business District (CBD) Portions of Rural Residential (RR), Urban Residential (UR) and Residential Office (RO) Zoning Districts fronting East End Road in the East Hill Area. Shadle. Recommend introduction, forward to Planning Commission for public hearing and comment, Council's public hearing on February 27, 2006, second reading on March 13, 2006.

Mayor Hornaday declared a conflict of interest on Ordinance 06-05 and on Resolution 06-19, in that, has represented the Marleys and Jane Pascall on legal matters involving those properties and that they are very dear friends. He passed the gavel to Mayor Pro Tempore McLay left the room.

HEIMBUCH/WYTHE - MOVED TO ADOPTION ORDINANCE 06-05 BY READING OF TITLE.

Councilmember Shadle mentioned a possible conflict of interest in that he is managing a property that is adjacent to this rezone area.

Mayor Pro Tempore McLay ruled that Mr. Shadle does not have a conflict.

It was noted that the planning prepared maps are pending, exhibits A and B, and the maps in the packet are parcel maps, on pages 67, 68 and 105, etcetera.

Council discussion points:

Lines 69 - 132 are whereas clauses from the Comprehensive Plan and not from the 1999 Update.

These are statements justifying the rezoning whether in the update or not, it fits with the Comp Plan.

This Ordinance ought to go back for some rework, can be tabled or come up with a substitute, unless the Council wants to spend time amending.

WYTHE/NOVAK - MOVED TO POSTPONE THE DETERMINATION ON ORDINANCE 06-05 UNTIL AFTER THE REVIEW OF RESOLUTION 06-19 (TONIGHT).

Discussion in support of postponement. There was discussion pro and con that Ordinance 06-05 and Resolution 06-19 conflict. It was noted that this is up for introduction only.

Mayor Pro Tempore McLay recognized an informal call for the question by Councilmember Novak.

There were no objections.

VOTE: (postponement) YES: McLAY, WYTHE, SHADLE, STARK, NOVAK, HEIMBUCH.

Motion carried.

Mayor Hornaday, receiving the gavel back from Mayor Pro Tempore McLay, he returned to the table.

E. Consent Agenda Item D. Ordinance 06-07, Of the City Council of the City of Homer, Amending the Official Road Maintenance Map of the City of Homer by Adding 4800 Lineal Feet or .909 Mile of Rural Road, in Tulin Terrace Subdivision. City Clerk. Recommend introduction and conduct public hearing and second reading on February 27, 2006.

Memorandum 06-16 , from Public Works as backup.

WYTHE/McLAY - I HAVE A MOTION TO ACCEPT ORDINANCE 06-07.

Public Works Director Meyer responded to Council inquiry: Other than the issues that have been developed in the conditions, some issues of easements and some cul-de-sac improvements, this does meet the standards for rural roads, which are not that stringent. Anticipate that Public Works will begin maintaining the roads in sections. If a couple of homes got built on a cul-de-sac Public Works would go ahead and maintain that cul-de-sac. It is possible that the roads would not stand up to the traffic in two years, however, he stated that he did have to put in verbiage that was firm. Tulins anticipate that there will be some lots sold and homes built this summer. This is one of Public Works concerns. Public Works attempted to come up with some reasonable conditions that would protect the community's interests. He expressed support to say that two years from the point in time that the City begins performing maintenance on those roads.

Amend	Subdivision	Roadway Name	Lineal Feet	Mile	Class
11.	Tulin Terrace Subdivision	Whispering Meadows Avenue	750	.142	Rural
12.	Tulin Terrace Subdivision	Fireweed Avenue	750	.142	Rural
13.	Tulin Terrace Subdivision	West Terrace Boulevard	1700	.322	Rural
14.	Tulin Terrace Subdivision	Whisper Court	375	.071	Rural
15.	Tul.in Terrace Subdivision	Meadow Court	600	.114	Rural

16.	Tulin Terrace Subdivision	Tulin Bluff West Court	450	.085	Rural
17.	Tulin Terrace Subdivision	Tulin Bluff East Court	175	.033

WYTHE/SHADLE - I WOULD LIKE TO MAKE AN AMENDMENT UNDER SECTION 3, THE LAST PARAGRAPH WHICH READS, "FOR A PERIOD OF TWO YEARS AFTER ACCEPTANCE OF THE ROADS BY THE CITY COUNCIL AND COMPLETION OF THE WORK DESCRIBED ABOVE, THE SUBDIVISION OWNER SHALL BE RESPONSIBLE FOR REPAIRING ANY PORTION OF THE ROAD THAT DOES NOT SUPPORT VEHICULAR TRAFFIC." I WOULD LIKE TO AMEND THAT TO READ "FOR A PERIOD OF TWO YEARS FOLLOWING CONSTRUCTION DENSITY, WHICH WOULD RESULT IN ROAD MAINTENANCE ACTIVITIES TAKING PLACE THAT THE SUBDIVISION OWNER SHALL BE RESPONSIBLE FOR REPAIRING ANY PORTION OF THE ROAD THAT DOES NOT SUPPORT TRAFFIC."

There was no discussion.

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

Motion carried.

Section 3. Public Works Conditions:

• City maintenance would not start until there are people living in the subdivision. (One of the conditions that must be met to receive rural road maintenance is there must be one residence for every 300 lineal feet of road maintained. This would suggest that at least 12 homes might have to be built before the City would begin to maintain all roads within the subdivision. I would expect that the City would extend maintenance in stages, based on where the first residents live.)

• Maintenance provided would be to the Rural Road standards.

• The cul-de-sac's (Whisper, Meadow, Tulin Bluff West, and Tulin Bluff East Courts) be enlarged ( 80 diameter) and be contained within the dedicated street right-of-way and provide adequate maneuvering room for emergency vehicles as directed by the Public Works Director.

• Drainage easements shall be executed across several lots to accommodate drainage ditches that currently direct surface water from the roads on to and across adjacent lots as directed. (Some of these situations could be resolved by relocating drainage ditches into street right-of-way.)

• Make minor modifications to the submitted plan and profile drawings to document the above work and add minor items (such as road grades in percent, etc.) as directed by Pubic Works.

• [For a period of two years after acceptance of the roads by the City Council and completion of the work described above), the subdivision owner shall be responsible for repairing any portion of the road that does not support vehicular traffic.]

• For a period of two years following construction density, which would result in road maintenance activities taking place that the subdivision owner shall be responsible for repairing any portion of the road that does not support traffic.

There was no discussion.

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

Motion carried.

CITY MANAGER'S REPORT

A. City Manager's Report (Updates and follow up: Ordinance 05-39(S), 1. Underground Utilities, met with HEA on February 9th to discuss Ordinance and assists with worksession on February 27th at 5:30 p.m.; 2. Council's Financial Report for Period Ending December 31, 2005, General Fund revenues exceed budget by $744,606.00, with addition sales tax revenues pending, and expenditures were $237,697.00 less than budgeted, and net revenue over expenditures was $982,203.00. Enterprise funds are in relatively good shape; 3. Animal Shelter, RFP for Operations and Management has been advertised. Mandatory Pre Proposal Conference is February 22nd. Sealed proposals are due Wednesday, March 8th at 4 p.m.; 4. Town Center Plan, Meeting of land owners scheduled to map out a strategy for voluntarily implementing the concepts in the Town Center Plan,Ordinance discussed at January 23rd meeting is under development; 5. Fish Dock Road Redevelopment - Meeting with tenants of the Manley Building - Auction Block and Desperate Marine. Occupants of Manley building to relocate within 60 days and to demolish the building May/April. City offered to allow the Manley Building occupants to use another City lot on a temporary basis so as to not unduly disrupt the up coming Halibut Season. Temporary trailers or wooden structures with telephone and electric connects will be permitted and must be removed by fall 2006; 6. Seabulk Pride: Anchored in Kachemak Bay for inspections and repairs. Tesoro, Cool Inlet Regional Citizens' Advisory Council (CIRCAC), ship owners and Coast Guard have kept the City informed. Homer is a port of refuge for Cook Inlet, a fact many members of the public may not recognize; 7. Arctic Winter Games (AWG): On course, hope for a roaring success. Senator Ted Stevens secured additional funding to alleviate some budget concerns. Homer Foundation processing $40,000.00 appropriated by Council. Chief of Police engaged in regular meetings regarding security. Chamber of Commerce notifying local businesses about AWG associated opportunities. Active and hard working group of volunteers handling events; 8. Community Schools: Community Schools Advisory Board (CSAB) formed. Meeting last week to share information and discuss pros and cons of various approaches to program administration. Main options discussed - contracting, non profits, and City administration. CSAB requested that the Manager delay bringing this back to Council for final consideration for a month to facilitate conducting research and further discussion. March 13th projected date; 9. Deep Water Dock Expansion: RFP advertised to complete the preliminary design, prepare bid docs, conduct an economic feasilbit5y study, and provide for construction management. Scope of work includes, but not limited to, defining alternatives, upland site planning, environmental analysis and scoping, geotechnical investigations, cost estimating, specification preparation, construction inspection and management. Sealed proposals are due Thursday, March 30th by 4:30 p.m. and; Soccer Association of Homer interest in the development of Jack Gist Park and pursuit of grant funding for grass or artificial turf; State of Alaska Oil and Gas Lease Sales in Cook Inlet Areawide 2006 and North Slope Foothills Areawide 2006; February Employee Anniversaries - Done Henry PWD 22 years, Tamara Hagerty PWD 20 years, Jan Jonker PWD 15 years, Kelly Huddleston HPD 7 years, Rachel Livingston Administration 4 years, Dan Miotke HVFD 4 years, Lisa Vaughn Finance 4 years, Tim Yarbrough HVFD 4 years and George Tyrer PH 2 years; New Homer Public Library Project Progress Report; and City contract with Councilmember.) Page 377

City Manager Wrede responded to the request regarding the net revenue over expenditures, that he prepare whatever is appropriate to place those funds into General Fund Depreciation Funds. He advised that there are more tax revenues coming and the final fund balance amount is not yet known and that the effort is to get the fund balance above to $2 million. He encouraged and suggested that the Council take care of that first.

Mayor Hornaday noted the $1 million increase just in PERS requirements.

City Manager Wrede noted that this was expected last year, added in that this is catch up, but next year there will not be a million dollar surplus.

Mayor Hornaday noted that the library operation costs will also be added in. He commended the staff for their prediction, noting that there is no surplus.

It was noted that the Governor does have $1 million in his budget for the Deep Water Dock, Council expressed their intent to request more. Councilmember Stark, McLay and Shadle had received positive feed back on request for funding for the Deep Water Dock.

City Manager Wrede noted that the Council authorized putting a ballot measure on the next election ballot for $2 million, and there is $2 million coming from Senator Murkowski. He noted that the City could, legitimately, ask for more than a million dollars. Asking for $4 million in stead on $1 million is legitimate. This is a popular project.

Mayor Hornaday suggested putting this on the agenda for discussion.

Councilmember McLay commented about the information received from the City Attorney regarding the LID process and about what the Council can do. This came about due to the problems with the Bayview Gardens LID. Council having received an answer to some questions regarding water and/or sewer LIDs, what Council may do when a district fails that has health, safety and welfare issues and impacts to other members of the Community. He read an excerpt of the Attorney opinion into the record the following from the City Attorney: Procedures, based on Chapter 17.04 of the Homer City Code as in effect on the date of this memo, including amendments recently enacted (Ordinance 05-65(A)). Most of the provisions of Title 29 concerning LIDs do not apply to Homer because Homer has adopted its own alternative procedures, as authorized by AS 29.46.020(a) and (c).The steps in the Homer LID procedure may be described as a series of stages.

Stage 1 -- Initiation by Application or Resolution A local improvement district may be initiated either by property owners or by the city council. Under either method the LID is "created" upon the city council's adoption of a favorable resolution, but the LID is subject to failure and dissolution at several subsequent stages.

a. Initiation by Property Owner Application An LID may be initiated by property owners filing an application for a specific LID improvement. It must be signed by the owners of at least 50% of the property in the proposed LID. If the application is sufficient, certain information is gathered, e.g., proposed boundaries, estimated cost, assessment methodology, proposed assessments, etc. Then the city clerk prepares a petition including that information for circulation to the proposed LID property owners. HCC 17.04.030(a). The stage 2 petition is next.

b. Initiation by City Council Resolution As an alternative to an application by the property owners, the city council "may determine that an improvement is needed, and initiate" an LID by passing a resolution approved by not less than three-fourths of the council members, i.e., five members (6 x ¾ = 4.5). HCC 17.04.030(d). No property owner application is required. If this alternative is used, the petition stage is skipped and the matter proceeds directly to the stage 3

improvement plan and objections.

Stage 2 -- Petition If the LID is initiated by property owner application, then in the second stage the petition prepared by the city clerk (described above in stage 1) is sent to every property owner in the proposed LID. If within 60 days (plus a possible 30 day extension) the petition is returned with approving signatures of the owners of at least 50% of the value of the

property to be benefitted, then the petition is forwarded to the city council for a decision on whether the improvement is necessary and should be made. HCC 17.04.030(a)-(b). If approved, the matter proceeds to stage 3. If there are not sufficient signatures, the city council is informed and adopts a resolution finding that the petition was insufficient and the LID fails. The property owners are prohibited from applying for the same LID for six months, but a modified LID may be applied for after 30 days. HCC 17.04.030(c). There is no provision in the petition stage for city council approval overriding the petition objections.

Stage 3 -- Improvement Plan and Objections After city council adopts resolution that makes a finding of necessity for the improvement, either after a stage 2 petition or by a stage 1(b) city council initiated resolution, the city manager prepares an improvement plan. This improvement plan must describe the project, estimate costs, propose a financing plan, and make a preliminary assessment roll, among other things. HCC 17.04.040(a). A public hearing is held after extensive notice. HCC 17.04.040(b). 100% of the property owners may waive this notice and public hearing. HCC 17.04.040(c). After the public hearing, property owners have 60 days to file written objections. Councilmember McLay emphasized: If objections are received from the owners of property that will bear less than 50% of the total costs of the project, the city council may adopt a resolution to approve the plan and proceed. HCC 17.04.050(a).

Stage 4 is next. If written objections are received from the owners of property that will bear 50% or more of the total cost, the city council may not adopt a resolution to approve the plan and it may not proceed unless the plan is revised and objections are reduced to properties that will bear less than 50% of the total cost. HCC 17.04.050(c). As long as objections are in place from properties that will bear 50% or more of the total cost, the city council cannot proceed to stage 4.

Councilmember McLay stated that it really comes down to the cost of the project and 50% of the persons or entities that have to pay for this project can stop a project from this happening. He noted that the City pays, right now, 25% of the project cost and the property owners pay 75%. This is a situation that needs to be looked at very seriously.

Councilmember Stark noted that it takes an extraordinary vote to proceed on a public health and safety basis and in certain cases he has abdicated thus, such as with Kachemak Drive.

B. Bid Report. (RFP: For the Operation and Management of the Homer Animal Shelter. Sealed proposals are due to the City Clerk by 4 p.m. on Wednesday, March 8, 2006 and there is a Mandatory Pre Proposal Conference and Tour at the Homer Animal Shelter on Wednesday, February 22nd at 2 p.m.; ITB: 2006 Light Vehicle Purchase. Sealed bids are due to the City Clerk by 2 p.m. on Wednesday, February 22, 2006.; RFP: Professional Planning and Engineering Services, Design of Improvements at the Deep Water Dock. Sealed proposals are due at the Office of the City Clerk, by 4:30 P.M., Thursday, March 30, 2006.)

C. Game Report. (2006 Gaming Permit Application - Nikolaevsk, Inc. filed February 3, 2006.

D. Record Report, Office Inventories.

E. Clerk Training Report. (Thanking the Council for funding Clerk Training and hope that Council will continue to fund training.)

COMMITTEE REPORT

A. Public Arts Committee (Meeting held on February 9, 2006 at 1 p.m. in City Hall Cowles Council Chambers.)

B. Road Standards Committee (Meeting held on February 7, 2006 at 6 p.m. in City Hall Conference Room.)

PENDING BUSINESS

NEW BUSINESS

A. Memorandum 06-23, from City Manager, Re: Survey of 40 Acres BLM Land.

Recommendation: I believe it is advisable to go ahead and survey this parcel and apply for a transfer of title to the City. Even if a Fire Hall is never built there, I think this parcel still has value for wildlife protection, flood and erosion control, and recreation. The City could deed it to the Winn Nature Center or the Kachemak Land Trust if that is desirable. If the Council is not prepared to make a decision about a Fire Hall at this location, the decision could be deferred until we have more information about KESA's plans and how that might impact fire protection for City residents on the bluff.

Fiscal Note: Budgeted: 100.1101.5210, City Manager Professional Services, $3,000.00 for Survey.

MCLAY/STARK - SO MOVED TO APPROVE THE RECOMMENDATION OF MEMORANDUM 06-23.

There was some discussion about surveying this property and about City access.

It was noted that if the City determines to not use this land for a Fire Hall it is still in the best interest of the City to take ownership of this parcel, which requires a survey.

Ownership of property for the sake of ownership of property by the City is not in the best interest of the City.

At this time there is no access to this property.

City Manager Wrede clarified his recommendation.

Council discussion ensued.

City Manager Wrede noted that if KESA builds Fire Stations as they are proposing and if a Fire Station were placed on this property there would be redundancy on the ridge.

Councilmember Stark relayed a commitment from BLM to see that this land is conveyed to the City.

VOTE: YES: SHADLE, STARK, NOVAK, HEIMBUCH, McLAY.

NO: WYTHE.

Motion carried.

RESOLUTIONS

A. Consent agenda Item J. Resolution 06-19, Of the City Council Directing Planning Staff to Write An Ordinance Creating a New Zoning District Defining Commercial and Residential Use Along the Sterling Highway from the Baycrest Hill City Limits to the Bidarka Inn, to be Henceforth called the Gateway Zoning District. Novak. Recommend adoption.

Mayor Hornaday passed the gavel to Mayor Pro Tempore McLay and left the room, having already advised the Council of his conflict of interest.

NOVAK/STARK - MOVED TO APPROVE RESOLUTION 06-19 BY READING OF TITLE.

Council discussion:

This covers the area from the current CBD to the western City limits and addresses the issue of rezoning this area. It recognizes that there are commercial and residential uses along the way so the zoning would vary within that district.

This is the creation of a new type of zoning district, but the point of this is that it will be rezoned commercial where applicable and that the end result is that September 1st Council would have a finished product from the administration that reflected a new Ordinance to create this zone and change some of the rural residential zoning. This gives the administration, Planning Department and Planning Commission the leeway to take public input and to create an applicable zone for the type of uses that the community and the property owners want to see there. This would be neither a CBD or RR.

The process would take place over a period of months providing for continued public input.

The final product would be as a result of that public input.

This does not specify what type of zoning or as to what will be in there, this is left open to the Department of Administration to come up with the zoning or the criteria for the type of things wanted in that zone. The end result is a change in the zoning.

Councilmember Shadle advised that he has property that he is managing in that area in case this is a possible conflict of interest.

Mayor Pro Tempore McLay inquired if Mr. Shadle owns the property. Mr. Shadle confirmed that he does not own the property that he manages the property.

Councilmember Novak stated he operates a business within that zone, which may or may not be a conflict of interest.

Mayor Pro Tempore McLay inquired about Mr. Novak's business if any rezone would affect him.

Councilmember Novak stated that he is within the proposed possible rezone area, but does not know how any rezone would affect him.

Councilmember Wythe noted that zoning changes do not, generally, affect existing businesses.

City Manager Wrede stated that the rezone would have an affect on Councilmember Novak's business, adding that he does not think that he has a conflict of interest, since this is about a broad area.

Mayor Pro Tempore McLay asked if anyone else believes Councilmember Novak to have a conflict of Interest. He ruled that Councilmember Novak has no conflict of interest.

Council comments.

Support of this procedure. The Commission has had this matter before them.

The areas this affect too much. The area to be considered should be the area from West Hill westward.

The way this is written it will come back to the Council

It is advantageous to look at the whole area.

With wisdom the Council will change what needs to be changed.

No conflict between this Resolution and Ordinance 06-05. Both could be considered by the Planning Commission.

City Manager Wrede stated that the administration favors this Resolution over the Ordinance. The Gateway Overly District was identified as a priority during the Council's recent worksession with the Planning Commission, February 6, 2006. Within this could be discussed individual zoning. Provides for a more comprehensive look at the whole area. It follows up on where the Planning Commission and staff were already going. The area of Ordinance 06-05 has already been considered by the Commission with a recommendation that a different type of district be formed. This is a better planning process.

There was an informal call for the question that was recognized by the Mayor Pro Tempore and there were no objections.

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

NO: SHADLE.

Motion carried.

D. Consent Agenda Item B. Ordinance 06-05, Of the City Council of the City of Homer, Alaska Amending Homer City Zoning Map to Rezone to Central Business District (CBD), Portions of Rural Residential (RR) and Portions of Urban Residential (UR) Zoning Districts fronting on the Sterling Highway West Hill Area to the South West Boundary of the Central Business District (CBD), and to Rezone to Central Business District (CBD) Portions of Rural Residential (RR), Urban Residential (UR) and Residential Office (RO) Zoning Districts fronting East End Road in the East Hill Area. Shadle. Recommend introduction, forward to Planning Commission for public hearing and comment, Council's public hearing on February 27, 2006, second reading on March 13, 2006.

Back on the floor as postponed.

City Manager Wrede noted that he has already made his comments regarding the West Hill, Sterling Highway area. He addressed the East Hill, East End Road area. He shared his concern that this is an area detached from the CBD and is not contiguous or adjacent. He suggested that, maybe, the idea of creating some kind of commercial district at that intersection is a good discussion to have and suggested asking the Planning Commission to take a look at this. He stated that the City had not heard a great demand for rezoning of that area. If the idea is to fix some problems that may exist with conditional uses and things, there may be other ways to sort of address that issue. He objected to calling this CBD, not being a good way to go, and not to say that there is not a commercial district needed in that area.

City Planner McKibben stated that the City Manager summarized it pretty well, that it is a detached area from the CBD. She advised that she has not studied this very well and is not sure what her official recommendation would be, and suspects that it would be similar to the one she did on the Sterling Highway, that it is inconsistent with the Comprehensive Plan and that is a policy decision.

Councilmember Shadle urged the Council to introduce the Ordinance so as to find out more about this.

Additional comments.

Sponsor was asked to strike the gateway district area and bring this back in a different form.

Support expressed for introduction and move it forward for input.

There was comment to eliminate the East End Road section.

WYTHE/HEIMBUCH - I WOULD LIKE TO MAKE AN AMENDMENT TO ORDINANCE 06-05 TO ALLOW FOR A SECOND PUBLIC HEARING ON MARCH 13TH AND SECOND READING ON MARCH 27TH.

Councilmember Stark stated that he is in favor of the amendment and plans to bring forward an amendment to the CBD allowable uses to delete some of the uses especially for the area west of the Bidarka, so that it fits more into a semi gateway area.

Unrecognized call for the question by Councilmember Heimbuch.

VOTE: (primary amendment 1.) YES: NOVAK, HEIMBUCH, McLAY, WYTHE, SHADLE, STARK.

Motion carried.

Discussion ensued.

City Manager Wrede suggested a memo to the Planning Commission asking them to take a look at rezoning for commercial uses along East End Road.

There was additional comment.

The Mayor Pro Tempore called for the question.

There was addition comment about the time line in the Resolution 06-19.

VOTE: (main motion as amended) YES: HEIMBUCH, SHADLE, STARK.

NO: McLAY, WYTHE, NOVAK.

Motion failed.

Mayor Hornaday returned to the table and left due to motion for reconsideration of Resolution 06-19.

NOVAK/WYTHE - MOVED FOR THE RECONSIDERATION OF RESOLUTION 06-19.

Councilmember Heimbuch called a point of order , prior to the Wythe's second Reconsideration and Enter on the Minutes.

Councilmember Novak clarified that his motion is for immediate reconsideration.

Councilmember Wythe entered her Second.

VOTE: (reconsideration) YES: WYTHE, SHADLE, STARK, NOVAK, HEIMBUCH, McLAY.

Motion carried.

Councilmember Heimbuch asked that Council use Roberts Rules of Order provision and move this reconsideration vote to the next Council meeting.

There was no further discussion.

REVOTE: (Resolution 06-19): YES: McLAY, WYTHE, SHADLE, STARK, NOVAK.

NO: HEIMBUCH.

Motion carried.

Mayor Hornaday received the gavel back from the Mayor Pro Tempore and returned to the table.

COMMENTS OF THE AUDIENCE

Comments of the Audience on any matter.

Frank Griswold, City resident, stated that he thinks that it might be appropriate to get a legal opinion on the conflict of interest in that last, whatever it was, Ordinance or Resolution. He stated that he would like to cite, Carney vs. State Board of Fisheries which the State Supreme Court ruled that the Board of Fisheries could vote on matters affecting the fishing industry as a whole, but were disqualified from voting on regulations which affected the area in which they actively fished. The Court reasoned that in Carney, that the members should abstain from decision making in areas where they had a narrow and specific interest. In Ordinance 06-19 ⁽⁷⁾ does not directly affect all of Homer or even a large part of the City or an entire class of its citizens. The Supreme Court quoted another case and said that most of the cases of disqualifying conflict of interest have involved a charge a more ore less direct financial interest and it is clear that such an interest is a proper ground for disqualification as where the officer himself holds property which he is directly involved in or affected by the proceeding. The clearest situation in which disqualification, in which disqualifying bias or prejudice is shown is that where the zoning officer himself owns property the value of which will be directly promoted or reduced by the decision to be made and it is not surprising that upon a showing of such interest the courts have usually held the officer disqualified. He stated that on Councilmember Shadle's potential conflict of interest he cited Homer Code 1.12.010(b), a person financial interest includes 1. any financial interest or of a member of that person's immediate family including involvement or ownership of an interest in a business including a property ownership or a professional or private relationship that is a source of income or from which the person has received or expect to receive a financial benefit, and 2. any affiliation with an organization in which he has an ownership interest, holds a position of management, or is an officer, director, trustee, employee or the like. That's it.

Larry Slone commented on the number of recent letters in the paper, which suggest that some of the Councilmen have proposed some concepts based upon their own personal agenda, bias and prejudice. It was also suggested that in so doing they disregarded citizen input that has been presented in a formal manner. He expressed disagreement with this. He commented that there are 6,000 people in this town and the six Councilmembers have been elected by them to be the official spokesmen in City activities. On any particular issue that Council is discussing there is only a small portion of the citizenry here, in these chambers, giving formal presentations or formal testimony. It is only reasonable to assume that Council is receiving a tremendous amount of input in an informal manner via email, phone, letter, or personal contacts and providing their input and position on Council's issues. He expressed his belief that whatever pronouncements that the Council makes, with respect to their position, on any of this issues reflects, to a large extent, those other 6,000 people and their input provided, colored by Councilmembers own personality. He voiced his opinion that the Council members are acting on the behalf and in the best interest of the City 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 had no comment.

COMMENTS OF THE MAYOR

Mayor Hornaday wanted to note that he was gone two weeks, during that two weeks there was an Tsunami, earthquake, volcano, loosed a tanker and there was an avalanche, so it was a great two weeks to be gone.

COMMENTS OF THE CITY COUNCIL

Councilmember McLay expressed his hope that the Mayor is not blaming the Mayor Pro Tempore for all that went wrong while he was gone. He stated that he has received many positive and appreciative calls regarding the Winter Carnival, Fire Works Display, Parade and all; and for the Council and City backing and helping with the Fire Works Display. He noted one specific call from one of the non profits expressed appreciation and who stated that non profits have a tendency to forget where their help comes from. He reported that the Chamber of Commerce also received a lot of appreciative calls.

The Mayor thanked Councilmember McLay, noting that he was responsible for much of the Winter Carnival activities.

Councilmember Heimbuch had no comment.

Councilmember Shadle noted for the record,"There was a split second in the meeting where he did not have his hand up when the Mayor asked for objections and that he just wanted everyone to know that he would have been the one 'NO' vote on Ordinance 06-01." He expressed his opinion that it is not in the best interest of the City to have an ordinance like this and to enforce it.

Councilmember Stark expressed agreement with Councilmember Shadle on Ordinance 06-01, adding that he thinks it a difficult decision and that he does not think that the City needs to legislate on every issue that there is and that sometimes the City needs to let the people alone and to let the thousand flowers bloom, but there are also some good reasons to vote the way that they did. He expressed appreciation for Larry Slone's comments. He noted that he has been on the Council a lot longer than the others and that he went through the entire 3 years of the Fred Meyer wars. He noted that people that came out and testified stated that their input was twice as good as people who don't come out and testify. He recalled commenting about the silent majority. He noted that there was a vote and the issue passed, 57 to 43 percent.

STARK/SHADLE - MOVED FOR IMMEDIATE RECONSIDERATION OF MEMORANDUM 06-23 AND SPREAD ON THE MINUTES.

Councilmember Stark clarified that he has requested immediate reconsideration.

There was question for clarification on Memorandum.

VOTE: (reconsideration) YES: McLAY, SHADLE, STARK, NOVAK, HEIMBUCH.

NO: WYTHE.

Motion carried.

There was no discussion.

REVOTE: (Memorandum 06-23) YES: HEIMBUCH, McLAY, SHADLE, STARK, NOVAK.

NO: WYTHE.

Motion carried.

Councilmember Novak thanked the Council for its discussion and the input of the Administration on addressing some zoning issues that will affect the growth of the community in the future. He stated that he looks forward to a new Ordinance from the Planning Commission by September 1st that addresses a new district and that allows for some new options in areas along the Highway to the west of the Bidarka. He expressed appreciation for the input and effort.

Councilmember Wythe echoed Councilmember Shadle's response regarding Ordinance 06-01 adding that she too could not get her hand up quick enough.

WYTHE/SHADLE - MOVED FOR RECONSIDERATION OF ORDINANCE 06-01 FOR THE ABILITY TO STATE THE CORRECT RECORD.

There was no discussion.

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

Motion carried.

There was no discussion.

REVOTE: (Ordinance 06-01) YES: STARK, NOVAK, HEIMBUCH, McLAY, SHADLE.

NO: WYTHE.

Motion carried.

There was a misunderstanding on the vote and the Mayor called for another roll call vote.

REVOTE: (Ordinance 06-01) YES: STARK, NOVAK, HEIMBUCH, McLAY.

NO: SHADLE, WYTHE.

Motion carried.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 10:22 p.m. by Mayor James C. Hornaday. The Next Regular Meeting is scheduled for Monday, February 27, 2006 at 7 p.m. and the Next Committee of the Whole is scheduled for Monday, February 27, 2006 at 4 p.m. includes a joint session with the Council's Advisory Bodies: Parks and Recreation, Planning and Port and Harbor Commissions and the Library Advisory Board regarding the Land Allocation Plan. Worksession scheduled for Monday, February 27, 2006 at 5:30 p.m. with HEA regarding Underground Utilities, Ordinance 05-39(S). All meetings scheduled to be held in the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

_____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Approved: _______________________

1. Clerk's note: Believed that he means Resolution 06-19, since there is no Ordinance, at this time, with that number.

2. Believe Mr. Raskin means Resolution 06-09(S)(A), since Ordinance 06-09 does not exist and he references the Consortium Library.

3. Not reconsideration, Rescinding.

4. Believe Mr. Keffer means Resolution 06-09(S)(A).

5. Not reconsideration, Rescinding.

6. Reference to the SeaBulk Pride Incident in Cook Inlet, refuged, for repairs, in Kachemak Bay.

7. This is believed to be Resolution 06-19 since Ordinance 06-19 does not exist.