HOMER CITY COUNCIL

Session 06-06 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

PUBLIC WORKS DIRECTOR MEYER

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

Committee of the Whole met from 4:01-5:21 p.m. included 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; Appointments for Road Standards Committee, Economic Development Commission and Comprehensive Plan Committee; and Regular Agenda Specifically Ordinance 06-08. Homer City Hall Cowles Council Chambers.

Worksession was held from 5:30-6:19 p.m. with HEA regarding Ordinance 05-39(S), Underground Utilities. 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 the Consensus of the City Council with the following changes:

Mayor Pro Tempore McLay requested that Memorandum 06-38 be deleted from the Agenda in entirety. There was no objection.

Consent Agenda - Substitute Ordinance 06-10(S), Of the City Council of Homer, Alaska Authorizing the Appropriation of Funds from the General Fund - Fund Balance for Fire Department Vehicle Maintenance in the Amount of $12,000.00 and for Land Sale Expenses in the Amount of $15,000.00 and $3,000.00 for Alaska Municipal League Summer Session Reception; and Authorizing the City Manager to Execute the Appropriate Documents. Written public comments on Resolution 06-24. Memorandum 06-36, from Public Works as up to Resolution 06-26. Public Hearing - for Ordinance 06-08, Councilmember Wythe proposed amendments to the Town Center Development Plan. Written public comments regarding Ordinance 06-08.

Written public comments received on Ordinances 06-11 and 06-13, copies were placed on the public information table, however, a copy did not make it to the Council table.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public may comment upon any matter on the agenda except Public Hearing items: Ordinance 05-39(S), Adding a New Chapter 13.50 Entitled "Underground Utilities Required", Ordinance 06-06,Use of Port and Harbor Reserves Fund up to $90,000.00 Emergency Replacement of the Damaged Gangway at Ramp 7 with an ADA Compliant Gangway 80 Feet in Length, Ordinance 06-07(A),Amending the Official Road Maintenance Map, Ordinance 06-08, Adding the Town Center Development Plan to the Comprehensive Plan.

Frank Griswold, City resident, started off with a quote from Ralph Waldo Emerson, "Nothing astonishes men so much as common sense and plain dealing." Mr. Griswold stated that he hopes to be pleasantly astonished tonight. He commented on agenda Item L., adding that he has submitted a letter that is in the supplemental packet and that he does want to point out that Ordinance 05-17(S) originally provided that zoning appeal fees would be, "subject to refund if the appellant is successful in any aspect of appeal." He stated that when it was decided to establish appeal fees by Resolution instead of by Ordinance this language was deleted, he voiced his thought that the Council might also want to include a provision for refunding the appeal filing fee if an appeal is dismissed due to lack of standing, because the City would not incur any of the costs associated with that notification of property owners, preparation of record, etcetera. He commented on Ordinance 06-11, expressing agreement with Councilmember Novak that this Ordinance should not be introduced, the Planning Commission recently considered this or a very similar proposal and recommended against it, the Comprehensive Plan is quoted on page 150 of the packet at line 71, "The City shall encourage infilling of the area planned and zoned as CBD prior to contemplating enlarging the zoning district." He asserted that there is no public need for this Ordinance, the Ordinance is not in harmony with the Comprehensive Plan, it creates urban sprawl and that there is a big difference between rezoning property and an LID. He stated that just because the majority of the affected property owners want it is not sufficient reason. He commented on Ordinance 06-13 that there is no public need for this rezone, that the true purpose is unstated, its true purpose is to legalize Don Blackwell's warehouse. He stated that the Ordinance text is poorly written, it confuses the CBD and GC1 and interchanges them, at page 311 of the packet line 31 it talks about annexation, this has nothing to do with annexation, at line 33 it says that land use conflict should be minimized. Mr. Griswold said that this Ordinance would create land use conflicts by overlaying GC1 zoning district on top of Urban Residential, Residential Office and Rural Residential. He emphasized that the most important thing is that he does not think that a lot of people realize is that Paul Banks School, 40 acres, is not allowed in GC1 but is allowed in Urban Residential. Schools are allowed in GC1, only trade schools, skill schools and industrial schools not public schools. He advised that he spoke with the Borough today and that the Borough was really surprised to find out that their 40 acre school lot is being rezoned for non school.

Bill Smith, City resident, expressed his thinking, regarding Ordinance 06-13, that the City needs to help out Mr. Blackwell and that the City needs to find a way to keep him in business where he is and to allow him to work there. He stated that this Ordinance should be really the method of last resort and that the Administration and the City Attorney should be tasked with coming up with an appropriate plan that fits within the Ordinances or an appropriate modification of the Ordinances to allow recognition of this use. He noted that the City, over the years, has known that Mr. Blackwell established this business in an area where he actually was not allowed to do so and that the state law does not allow recognition of this as a grand fathered use there or to have a variance there. Mr. Smith expressed his opinion that the problem should fall with the City Administration to find some solutions to bring forward and that this change in zoning is premature. He thanked the Council.

Councilmember Stark congratulated Mr. Smith on his big spread in the morning paper.

RECONSIDERATION

None scheduled.

CONSENT AGENDA

(Items listed below will be enacted by one motion. If separate discussion is desired on an item, that item may be removed from the Consent Agenda and placed on the Regular Meeting Agenda at the request of a Councilmember.)

Councilmember Novak requested that Ordinances 06-11 - 06-13 be placed under Ordinances as Items A, B and C. He also requested that Resolutions 06-23 and 06-24 be placed under Resolutions as Items A. and B.

Councilmember Heimbuch requested that Ordinance 06-14 be placed under Ordinances as Item D.

A. Homer City Council unapproved meeting minutes of February 13, 2006 Regular Meeting. City Clerk. Recommend approval. (Pending)

B. Ordinance 06-09, Of the City Council, Amending Ordinance 05-62(A), Appropriating Funds for Calendar Year 2006 for the General Fund, Water- Sewer Funds, the Port/.Harbor Fund, Debt Funds, Capital Reserve Funds (Conditional Expenditures). City Manager. (Total Budget $19,935,361.00). Recommend introduction, conduct Public Hearing and Second Reading on March 13, 2006.

C. Substituted under Agenda Approval. Ordinance 06-10(S), Of the City Council of Homer, Alaska Authorizing the Appropriation of Funds from the General Fund - Fund Balance for Fire Department Vehicle Maintenance in the Amount of $12,000.00 and for Land Sale Expenses in the Amount of $15,000.00 and $3,000.00 for Alaska Municipal League Summer Session Reception; and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note:Revenue from General Fund $20,000.00, Expenditure Account 100.150.5207 Fire Department Vehicle Maintenance $12,000.00, Expenditure Account100.111 City Manager's Budget Costs associated with Land Sales $15,000.00 and Expenditure Account 100.101.5206 City Council Food and Staples $3,000.00. Recommend introduction, conduct Public Hearing and Second Reading on March 13, 2006.

Memorandum 06- 31, from Fire Chief as backup.

D. Ordinance 06-11, 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). Shadle. Recommend introduction, forward to Planning Commission for public hearing and comment, conduct Council's public hearing on March 13, 2006, Second Reading on March 27, 2006 (actually scheduled for Tuesday March 28, 2006 per Resolution 05-128).

Memorandum 06-32, from Councilmember Novak.

Placed under Ordinances as Item A.

E. Ordinance 06-12, Of the City Council of the City of Homer, Alaska Amending Homer City Code 21.48, Central Business District (CBD) by Deleting Some Allowed Uses. Stark. Recommend introduction, forward to Planning Commission for public hearing and comment, conduct Council's public hearing on March 13, 2006, Second Reading on March 27, 2006 ( Tuesday March 28, 2006 per Resolution 05-128).

Memorandum 06-33, from Councilmember Novak. Not submitted.

Placed under Ordinances as Item B.

F. Ordinance 06-13, Of the City Council of the City of Homer, Alaska Amending Homer City Zoning Map to Rezone to General Commercial One (GC1) 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, conduct Council's public hearing on March 13, 2006, Second Reading on March 27, 2006 (actually scheduled for Tuesday March 28, 2006 per Resolution 05-128).

Memorandum 06-34, from Councilmember Novak. Not submitted.

Placed under Ordinances as Item C.

G. Ordinance 06-14, Of the City Council of Homer, Alaska Accepting and Appropriating a USDA Grant of $12,500.00 and a Rasmuson Foundation Grant of $12,500.00 for the Fireplace in the New Library Building Project and Authorizing the City Manager to Execute the Appropriate Document. City Manager. Fiscal Note: Revenue from USDA Grant and Rasmuson Foundation $12,500.00 each and Expenditure Account 151-722, Library Building Project, Fire Place $25,000.00. Recommend introduction, conduct Public Hearing and Second Reading on March 13, 2006.

Placed under Ordinances as Item D.

H. Ordinance 06-15, Of the City Council Accepting and Appropriating an ADOT Reimbursement of up to $6,605.00 for Commercial Vehicle Enforcement Inspections and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note:

Revenue and Expenditure Account 151-731. ADOT Commercial Vehicle Inspection Reimbursement $6,605.00 Public Hearing and Second Reading on March 13, 2006.

Memorandum 06-35, from Chief of Police as backup.

I. Resolution 06-20, Of the Homer City Council Reactivating the Homer Economic Development Commission. Wythe. Recommend adoption.

J. Resolution 06-22, Of the City Council of Homer, Alaska in Support of HB 478 Entitled, "An Act Relating to the Municipal Harbor Facility Grant Program and Providing for an Effective Date." Shadle. Recommend adoption.

K Resolution 06-23, Of the Homer City Council, Authorizing and Directing Administration to Conduct an Appraisal of KPB PARCEL 175-040-0300, Designated for Sale by Ordinance 91-27, Pursuant to Homer City Code 18.12, and Authorizing and Directing the Administration to Advertise for Bids for the Sale of Said Property. Shadle. Fiscal Note: See Ordinance 06-10(S). Recommend adoption.

Placed under Resolutions as Item A.

L Resolution 06-24, Of the City Council Amending the City of Homer Fee Schedule, Administrative, to Add a Fee Amount for Zoning Appeals. Shadle. Recommend adoption.

Placed under Resolutions as Item B.

M Resolution 06-25, Of the City Council of Homer, Alaska Awarding the Bid for the PA System in the City Hall Cowles Council Chambers, to Audio Solutions of Payette, Idaho in an Amount not to Exceed $15,000.00 and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk Fiscal Note: Budgeted in Acct. 156.384. Recommend adoption.

N Resolution 06-26, Of the City Council of Homer, Alaska Awarding the Contract for the 2006 Light Vehicle Purchase to the Firm of Nye Frontier Ford of Wasilla, Alaska in the Amount of $103,272.00 for the Purchase of Three One Half Ton 4X4 Extended Cab Pickups, One (1) Ton 4X4 Regular Cab Pickup and One AWD Van or Similar Vehicle and Authorizing the City Manager to Execute the Appropriate Documents. City Clerk. Fiscal Note: $22,997.00 budgeted in 152-380; $80,275.00 budgeted in 152-383.Recommend adoption.

Memorandum 06-36, from Public Works and through City Manager as backup.

O Resolution 06-27, Of Support by the City Council of the City of Homer Alaska to Reopen the 1991 Civil Settlement from the , EXXON VALDEZ, Spill and Claim the Full $100 Million for Restoration of Natural Resources Suffering Unanticipated Injury. Mayor. Recommend adoption.

P. Memorandum 06-37, from Deputy City Clerk, Re: Liquor License Renewal for Duggan's Waterfront Bar. Recommend approval and non objection.

Q . Memorandum 06-38, from City Clerk, Re: Travel Authorization for Mayor or Mayor Pro Tempore to go to DC for NLC Conference March 11- 15 for Councilmember Shadle. Recommend confirmation.

Pulled at the request of Mayor Pro Tempore McLay under Agenda Approval.

WYTHE/NOVAK - SO MOVED FOR THE ADOPTION AND/OR APPROVAL OF THE RECOMMENDATIONS OF THE CONSENT AGENDA AS READ AND AS REVISED.

With the exception of Items D., E., F, G., K. and L. which have been placed either under Ordinances or Resolutions and Q. which was removed in entirety under Agenda Approval.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

None scheduled.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. Parks and Recreation Commission Report and Resolution, Requesting the City Council to Authorize the Expenditure of $100 to Support Troy Duffin's Visit to Homer. Strategies to Encourage Developers to develop trails and open space within subdivisions. Fiscal Note: Advertising is budgeted in Council and Clerk Budgets. $50.00 from 100.100.5227, Council; $50.00 from 100.101.5227, City Clerk.

B. Mayoral Proclamations and Recognitions:

1. Pratt Museum National Recognition of Outstanding Museum Service.

Mayor Hornaday expressed community pride in the Pratt Museum.

2. In Memoriam of Former Councilmember and Homer M.D., John Berg Fenger.

3. In Memoriam of Lifetime Honorary Library Advisory Boardmember Ella Vick.

4. Patriotism Week, Proclamation for Homer Elks Lodge 2127.

5. In Memoriam of Lloyd Schade, long time resident and Fire Service Supporter.

C. Past Resolutions of the City Council regarding Oil Tanker Escort.

Mayor Hornaday reported that he did testify Friday at the forum, upon invitation of CIRCAC, regarding the recent tanker that went a ground up by Kenai. He advised the Council that he felt this extremely important for the City of Homer, especially since it appears that Homer is going to be officially designated a Port of Refuge, interjecting that Homer always has been a Port of Refuge. He informed the Council that he has invited the USCG and others to talk to the Council on March 28th.

D. Chamber of Commerce Thank You to Mayor and Council.

Mayor Hornaday stated that Councilmember McLay deserves most of the credit for the thank you from the Chamber.

Councilmember Stark inquired if the Council had to do anything regarding the Parks and Recreation Commission request regarding Troy Duffin's visit or if this will be done by administrative action.

City Manager Wrede confirmed that this will be done by administrative action.

Debbie Poore, Parks and Recreation Commission Chair and City resident, gave a Commission report:

Thanking the Mayor and Council for their support of the Winter Carnival fireworks display, that this added beautiful color and excitement to the soggy weather day. The Commission feels that this is a valuable asset to the City and would like to see the fire works display continue as an annual event. Special thanks to Councilmember McLay for being instrumental in getting the fire works display.

Need for Commission input/recommendation regarding boat harbor overslope development and provisions for the continuation of the Spit Pedestrian Pathway was mentioned to Chair Poore at the Land Allocation Meeting.

HB 415, sponsored by Senator Paul Seaton, Re: Property owner liability for trails that cross their property. The Commission supports this legislation. She noted that this would be on the March 13th Council agenda and encouraged the Council to pass a Resolution in support of this bill.

Commission continues to work on the implementation of the Homer Non Motorized Transportation and Trails Plan (HNMTTP). Working with others to identify historical access routes

Looking forward to Troy Duffin's visit in April when he will share his expertise on planning, designing, and building trails. Council was thanked for their support of this project.

Developing a policy for naming Parks and Recreational spaces.

Enthusiastic about discussion with the Public Arts Committee regarding public art in the Triangle Park area.

During February meeting they held a public hearing regarding the Emerald Park on Highland Drive. Several land owners attended. There were several land owners submitted written statements. During the March 2006 Regular Meeting the Commission will review the options for a suitable park plan, followed by a neighborhood meeting on a later date.

The Commission appreciates the CoHosts Group - (Coalition for Homer Open Space and Trails) and value working with them to coordinate better trail advocacy and policy.

The long awaited drainage work is progressing at Karen Hornaday Hillside City Park and the Commission looks forward to the parking lot repairs.

Planning has begun for the next Local Park Day to be held sometime in June.

The Parks and Recreation Advisory Commission encourages Homer businesses to install bike racks for the convenience of bicycling visitors and customers. As Homer becomes more pedestrian accessible it takes all working together to improve amenities that support an active lifestyle.

Chair Poore thanked the Council for their time and on going hard work.

Mayor Hornaday inquired about CoHosts.

Chair Poore advised that the Parks and Creation Commission has a small trails sub committee. This is a coalition.

City Manager Wrede advised that this is an independent group that formed on its own, it is not a function of the City nor are they asking the City for anything. He affirmed, for the Mayor, that he does not have to appoint anyone to this Committee.

Mayor Hornaday thanked Chair Poore and the Commission and encouraged them to keep up the good work.

PUBLIC HEARING(S)

A. Ordinance 05-39(S), Of the Homer City Council Amending Homer City Code Title 13 by Adding a New Chapter 13.50 Entitled "Underground Utilities Required". City Manager. City Attorney revisions. Fiscal Note: All City obligations under this ordinance must be budgeted under separate ordinances. (First Reading October 24, 2005, Public Hearing November 14, 2005, Second Reading November 28, 2005 postponed for two months, Second Reading January 23, 2006postponed to February 27, 2006 for a worksession with HEA, Public Hearing and Second Reading February 27, 2006.)

Mayor Hornaday upheld his previous ruling on Councilmember Wythe's previously expressed conflict of interest and excused her from the table. (Councilmember Wythe is an employee at HEA - Homer Electric Association.)

There was no public testimony.

MAIN MOTION AS AMENDED AND THEN POSTPONED IS ON THE FLOOR.

Council discussion included the following:

Whether to approve this ordinance or bring forward a revised Ordinance or new Ordinance with a new number.

As written this would create a real burden on the people in the community.

City Manager responded to inquiry that this Ordinance has been delayed quite a few times and rather than having another substitute, it would be best to vote it down, if that is what the Council decides, and then, if it is decided and Council desires another or revised Ordinance, then bring forward a new Ordinance with a new number at a later date.

VOTE: (MAIN MOTION AS AMENDED) NO: HEIMBUCH, McLAY, SHADLE, STARK, NOVAK.

Motion failed.

Councilmember Wythe returned to the table.

B. 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. Fiscal Note: Revenue Account 415-380 Port/Harbor Reserve Fund $90,000.00 and Expenditure Account 415-380, Ramp 7 Gangway Replacement $90,000.00. (First Reading February 13, 2006, Public Hearing and Second Reading February 27, 2006.)

There was no public testimony.

NOVAK/McLAY - I'D MOVE FOR THE ADOPTION OF ORDINANCE 06-06 BY READING OF TITLE.

City Manager Wrede responded to Council inquiry that being reimbursed for the damages is being addressed.

Mayor Pro Tempore McLay emphasized that whether the City gets reimbursed or not has nothing to do with the need for this emergency replacement, that this is a safety issue and therefore, needs to proceed.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

C. Ordinance 06-07(A), 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. Fiscal Note:$12,000.00 Annually, no account number provided, not budgeted. (First Reading February 13, 2006, Public Hearing and Second Reading February 27, 2006.)

There was no public testimony.

WYTHE/NOVAK - I WOULD MOVE FOR THE ADOPTION OF ORDINANCE 06-07(A)BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.

Councilmember Heimbuch inquired, for a frame of reference, if there is any idea on how much that additional maintenance will cost the City, in a typical snow year and for, whatever reason, that City equipment goes to that location. He also inquired if any part of this was outside of the City limits.

City Manager Wrede stated that he did not know.

Councilmember Wythe advised that she believes the City drives along Skyline and then would drop down into the Tullin Terrace Subdivision.

VOTE: YES: NON OBJECTION UNANIMOUS CONSENT.

Motion carried.

D. Ordinance 06-08, 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. (Formerly Ordinance 05-53, Planning Commission Process Completed, Reintroduced February 13, 2006 due to quarterly interval, Public Hearing February 27, 2006 and March 27, 2006, Second Reading March 27, 2006.)

Frank Griswold, City resident, read the letter into the record that he had submitted:

The Town Center Development Plan is the antithesis of the Town Square Plan, yet many people have been led to believe that it is one the same.

Some of the comments provided on page two of the Town Center Development Plan: Can any City do as much as Homer to be ugly. The City seems unwilling to assert its control over growth and development. Would definitely like the City to support the Town Square Project. The City should enact stricter zoning and architectural standards. City is unattractive and needs new emphasis on beautification and green projects. Please develop Town Square identity a la Vancouver B.C. Some mechanism to ensure that developers set aside some percentage in town as green. Have one of the most stunning natural surroundings in the world. Rein in the impulses to build the cheap and tawdry to not debase this setting and ourselves. Not too late to prevent another Anchorage form happening here.

What does the Town Center Development Plan do to promote a Town Square or provide open space? Potentially reduces or eliminates the building set back requirements. Increases the core area to open space requirements. Increases building height. Relaxes the parking space requirements and allows parking on public streets and in public pocket parks.

Once adopted into the Comprehensive Plan, Homer City Code can and will be amended to implement these objectives. CIRI is the primary beneficiary of these Code changes. The only other property owners within the 28 acres involved are the City of Homer and the Kachemak Heritage Land Trust.

Mr. Griswold advised the Council that he has been assured that the Land Trust has no plans to develop its property.

What assurance does the City have that CIRI will provide parks, trails or green belts once it receives favorable zoning. Absolutely none. This could turn out to be the biggest con since the Homer Bypass.

The Town Center Development Plan was largely crafted by CIRI for the benefit of CIRI share holders and any benefits that might trickle down to the citizens of Homer would be over shadowed by the problems created by relaxing the zoning standards.

The City should not try to bribe CIRI into making land trades or other concessions by relaxing the zoning code requirements or passing any other sweet heart legislation. Not only would this be discriminatory it would set a bad precedent and create ill will among other property owners in the CBD who have complied with the rules.

Replacing the Town Square Plan and the Town Center Development Plan was a clever bait and switch.

Incorporating the Town Center Development Plan into the Comprehensive Plan was another clever maneuver.

While the Town Center Development Plan was being formulated the general public was never informed that it was going to be incorporated into the plan to facilitate Code changes, so most people paid little attention to the pie in the sky conceptual drawings tacked up at the City Hall.

Mr. Griswold encouraged the Council to follow the regular format in revising the Comprehensive Plan. He thanked the Council.

Bill Smith, citizen Smith again, said that he guessed he wished that he was as clever as he has been portrayed here, but, with regard to the Town Center Plan, that he appreciates Councilmember Wythe bringing this back for consideration. He stated that he likes the idea of working on the action task list and expressed his hope that this can be fine tuned with better focus on this section as Councilmember Wythe has suggested. He pointed out that the development of public parks and facilities was expected to be the primary obligation of the public as opposed to private developers. He addressed Mr. Griswold's testimony about objecting to the plan's not promoting the Town Square open space, noting that the development plan is just that, a plan to develop a compact commercial core with a Town Square, public trails and associated parks. He testified that it is not and should not be solely focused on open space. He pointed out that the plan is the result of a two year public committee effort following years of less focused Town Square activism. He reported that this plan will produce a Town Square and the Town Center Development Plan is an obvious evolution of the Town Square work as opposed to a bait and switch. He testified that adding the Town Center Development Plan to the Comp Plan will allow forward work in a public process to develop supporting actions to help build the Town Center. He thanked the Council for their attention.

Barb Seaman commented that she was not going to speak tonight, but that she is now riled up. She commented in response to testimony that this IS the Town Square Plan evolved, that this IS also a plan that involves a lot of green space, practical trails and all kinds of things that came from that original Town Square concept and all the public testimony. She noted that if there were not a plan there would be even less green space that on either of the design alternatives provided to the Council, and far less than that in the end. She emphasized that CIRI is NOT the major beneficiary here, CIRI has been at the table, but certainly not driving the show and that is really important to stress. She noted that CIRI has been very much involved, which is wonderful for the community. She stated that she would like to say that there is no bait and switch that this is not a con, that she has been involved since the beginning and it is for the betterment of Homer. She told the Council that she would appreciate them looking at it that way and that she hopes to come back next meeting and be a little more involved in the conversation. She thanked the Council.

Greg Jones, Vice President of Real Estate for CIRI and a resident of Anchorage, testified to be sure that the Town Center Plan adds a level of regulation or at least review to projects in the Town Center. He stated that life would be simpler as a land manager if it were just left alone. He advised the Council that CIRI believes that the Town Center Plan adds value to Homer, and ultimately in doing so adds value to their land. He commented that CIRI believes that it does benefit by the extra level of review. He testified that it will work to attract people, businesses, residents and all of that will help centralize the commercial core of Homer. Mr. Jones noted that it will work if it is fully implemented, if the City of Homer implements just the extra level of review and doesn't include the other three legs of the stool - doesn't put the open space in there, doesn't create the civic presence there with a Town Hall or something of that equivalent, then in fact this plan will end up being the burden on this land and CIRI will object to it. He stated that if the City of Homer implements the plan in its totality, takes the public steps necessary to create the circulation, to create the public uses, to create the value to the community, then CIRI thinks it well worth the effort. He relayed that CIRI thinks that the Community has done a good job of putting the Town Center Development Plan together and that CIRI will work with the City to help implement the plan. He made one recommendation for the plan if it does get adopted; on page 1, the first heading is Introduction and he suggested that heading be changed to "Statement of Intent", pointing out that it has all the right words in it. He went on to say that the second paragraph says it all: It is a guiding document it is not a regulation. It is to be used in the review. It is not to be adhered to specifically.

He noted that if this is indicated as a statement of intent then this plan can be adequately implemented from a developers stand point. He stated that if the City, then, follows through with its side of the equation this will be a very valuable addition to Homer.

ORDINANCE(S)

A. Consent Agenda Item D. Ordinance 06-11, 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). Shadle. Recommend introduction, forward to Planning Commission for public hearing and comment, conduct Council's public hearing on March 13, 2006, Second Reading on March 27, 2006 (actually scheduled for Tuesday March 28, 2006 per Resolution 05-128).

Memorandum 06-32, from Councilmember Novak.

Mayor Hornaday noted that he has declared a conflict and passed the gavel to the Mayor Pro Tempore.

Mayor Pro Tempore McLay noted that the Mayor only has a conflict on Ordinance 06-11 and 06-12.

Mayor Hornaday confirmed and left the table at 7: 46 p.m.

WYTHE/STARK - I MOVE FOR THE APPROVAL OF ORDINANCE 06-11.

Council discussion included:

Comment on Resolution 06-19 during the February 13, 2006 Regular Council meeting.

This is just for introduction, recommend sending this to public hearing so that the public and the community as a whole can have some influence and some input. Time to send this to the Planning Commission.

This Ordinance is different from Resolution 06-19.

There is no conflict between Resolution 06-19 and this Ordinance.

The Planning Commission was asked over a year ago to address the Gateway and they have not done anything.

This land has set vacant for a long time.

The assessed value of property inside the City of Homer is increasing an average of 25%, which means that taxes are going up and up.

No one is going to build anything there for what it is zoned, since it is just the wrong zoning. People don't build houses along a major highway. These are fairly large lots and good area for development of CBD type infra structure.

Resolution 06-19 calls for a Gateway District rezoning, but also states that, in defining the Gateway District, it goes from the Bidarka to the top of the hill and that it would be most reasonable to assume that the West Hill to Bidarka portion would be looked at first with regards to rezoning. The Resolution specifically says that the intent here is to define rezoning along portions of the Sterling Highway. There is no question that this is going to be rezoned. A public process is desired that produces something other than what is simply in the CBD right now.

Angie Newby comments from February 13, 2006 Regular Meeting - stated that places she has been it is obvious that where there has been careful planning and attractive sense of community in the town that the values have skyrocketed.

Resolution 06-19 has been sent to the Planning Commission to work on. The Commission has been tasked with this job.

Objection to tasking the Planning Commission with another job, doing the same thing. This is basically plugging up the pipeline. This is loading the Commission and staff up with work.

March 21st there is a public meeting scheduled regarding the Gateway area. Invitations will be sent out. There will be a couple examples of the overlay and there will be different zoning in the whole area. The Gateway overloading concepts - open space or view will apply overall. This is started and the process is in motion.

The CBD has a long list of allowable uses and it is probably true that we don't want all of those things.

Development is desired, with the note that a certain character is desired and not urban sprawl. Want to make a positive impression that shows there was thoughtful planning.

The process already in place more than deals with the issue.

There is no benefit to introducing this Ordinance.

The Commissioners don't work 40 hours a week in Planning and Council needs to keep that in mind. The Planning Department's time is spent dealing with their day to day work and would have to set things aside to deal with this matter and have already been given the Gateway as a priority and that the Planning Commission said they would get on this and therefore, set aside some things to work on the Gateway. There has been a time table set and the Commission has been given direction to finish the job. The direction is clear and the path has been laid out.

This would not create more work for the Planning Department in that if the Council makes a determination that a portion of this Gateway overlay is to be rezoned CBD, then the Commission does not have to deal with that portion of the Gateway and can spend their time on the rest of it. This is not going to stop the public process, the Ordinance goes through the public process.

A year ago the Planning Commission was asked to do the Gateway and it was not done, has not happened yet. If it follows the same plan start working on it now the concern is that there won't be anything accomplished so that permits can be acquired for construction this season. Looking at losing another year of that section of CBD, if rezoned. No desire to cost another year for property owners who have been requesting that something be done.

Seems that Resolution 6-19 lays a lot at the Commission's feet. Going to be real old and grey before the area is much more than residential. Trying to lay the whole thing as one on the Commission is kind of tough duty.

This Ordinance prioritizes what the Commission will be looking at in the area from West Hill to the Bidarka.

The central question is - Is there a big hurry to determine whether to move from Rural Residential to CBD from West Hill to the Bidarka? Do want to make sure that this happens. Make sure that the other area above that is not likely to fall into the same category does not hold this area hostage.

Pros and cons to whether or not this Ordinance adds to the Planning Commission and Department work load.

The Commission did look at this rezone a few months back and did deny it.

There is concern regarding the permitted uses in the CBD. Assertion that at least 40% of which, according to one Councilmember, the Council does not want to see along the Sterling Highway. Carrying the CBD out the road will create Urban Sprawl.

There are a lot of people who would like to see something special there. There should be something in this area that speaks well to Homer and that looks like it had a lot of thoughtful planning in the process. Therefore, needs to start from the beginning.

Councilmember Shadle objected to the discussion, stating that the discussion is redundant.

Discussion continued.

The rezone affects the whole community, therefore, the whole community needs to have every opportunity to weigh in and shape some of what goes in that new zone.

Mayor Pro Tempore McLay stated that the discussion is getting redundant and to make new points.

Discussion ensued.

The CBD is not a blight on the face of the earth. There are some things that could improve in it and that things are improving every day. The main thing needed is some paved parking lots. Reference to Ordinance 06-12. Permitted uses in the CBD are carefully crafted so that these cannot be anywhere else.

If everything is left just the way it is, the things that are being taken out of the CBD could happen, again with reference to those items being deleted as allowed uses for this specific area via Ordinance 06-12.

Councilmember Wythe called for the question.

Mayor Pro Tempore McLay accepted this request.

VOTE: YES: SHADLE, STARK, McLAY

NO: NOVAK, HEIMBUCH, WYTHE.

TIE VOTE.

Motion failed.

Mayor had conflict of interest and was not at the table.

B. Consent Agenda Item E. Ordinance 06-12, Of the City Council of the City of Homer, Alaska Amending Homer City Code 21.48, Central Business District (CBD) by Deleting Some Allowed Uses. Stark. Recommend introduction, forward to Planning Commission for public hearing and comment, conduct Council's public hearing on March 13, 2006, Second Reading on March 27, 2006 (actually scheduled for Tuesday March 28, 2006 per Resolution 05-128).

Mayor Hornaday remained absent from the table since this Ordinance addresses allowable uses in the same area the rezone is requested for in Ordinance 06-11.

Memorandum 06-33, from Councilmember Novak. Not submitted.

STARK/WYTHE - MOVED FOR THE APPROVAL OF ORDINANCE 06-12 BY READING OF TITLE.

Council discussion points:

The only uses appropriate to delete were those listed in this Ordinance - Mobile Homes, Ministorage and Mobile Home Parks.

Mobile Home Parks - recently seen one would put to shame some of the residential areas in Homer. There have been developed some very nice, large boulevard lane areas where people are long term parking fifth wheel homes. Hate to preclude Mobile Home Parks due to a narrow view of what Mobile Home Parks might look like. Better to put restrictions on the type of Mobile Home Park, large lot development requirements or something of that nature, then to totally restrict or preclude. The bottom of the hill would be perfectly fine for a short term parking of one's mobile home.

Appearance of this area is of concern.

This discussion might be best served for the entire CBD, not just this specific area.

The mobile home issue has been mentioned at the Planning Commission level.

Manufactured homes are a little different.

Some of the uses not excluded are things like service stations, drive in car washes, etcetera that maybe should be added to the list of not allowed uses in this area.

Placing a Mobile Home Park in this area is a residential development along side the highway, for which there is concern. Therefore, Mobile Home Parks should not be allowed and do create a safety issue.

No problem with scratching out Mobile Homes.

Regarding the comment about safety - How is having a residential area next to the highway less safe then having three of the five schools next to the highway for the youngest school children. Therefore, a Mobile Home Residential area, traditionally elderly retirees. Not trailers, but fifth wheel type seasonal mobile home parking. Not a large population of people to worry about being along side the highway.

There are several issues raised here that really need to get out to the public, the Planning Commission needs to see these. These are signification items and second reading on March 27th is way too early. This is going to generate a lot of heat in the public, rightly so - issues of strip malls, Mobile Home Parks - big items, big socioeconomic questions. Right for Council to discuss, but these should be forwarded on to get this out and it is a good time to do so.

The current public meeting already scheduled for March by the Planning Department on the Gateway is a good place to start this process, it is publicly advertised and thee will be a lot of people here. This could all be brought up at that time to see if people like it or don't like it.

WYTHE/SHADLE - I WOULD MOVE TO AMEND THE TIMING SCHEDULE TO INCLUDE AN ADDITIONAL PUBLIC HEARING ON MARCH 28TH WITH YOUR SECOND READING ON THE APRIL, THE FIRST MEETING IN APRIL. (APRIL 10TH)

Discussion was that this is still too soon and should be moved to the end of April. If it is determined on April 10th that more time is needed then second reading could be postponed or tabled. This provides the option that if the Council feels they have enough information and the information income has diminished to the point that the Council does not need to continue on then the Council can go ahead and act on the Ordinance.

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

NO: SHADLE.

Motion carried.

Councilmember Novak asked that the word CBD be removed in the Title, Whereas Clauses and everywhere else and then decided against that since the Ordinance is only about the CBD.

Councilmembers Stark and Wythe clarified that this Ordinance is very specific and is only for the area of West Hill to the Bidarka.

VOTE:(main motion with amended time limits) YES: HEIMBUCH, McLAY, WYTHE, SHADLE, STARK, NOVAK.

Motion carried.

Mayor Pro Tempore McLay called for a recess at 8:17 p.m. reconvening the meeting at 8:21 p.m.

Mayor Hornaday returned to the table.

C. Consent Agenda Item F. Ordinance 06-13, Of the City Council of the City of Homer, Alaska Amending Homer City Zoning Map to Rezone to General Commercial One (GC1) 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, conduct Council's public hearing on March 13, 2006, Second Reading on March 27, 2006 (actually scheduled for Tuesday March 28, 2006 per Resolution 05-128).

Memorandum 06-34, from Councilmember Novak. Not submitted.

McLAY/SHADLE - MOVED THE ADOPTION OF ORDINANCE 06-13 BY READING OF TITLE.

Council discussion:

There seems to be a strong movement among the general public that there is a real need for more GC1. Get a process started so that people can discuss this.

School being miszoned, mixed use GC1 or CBD, which would allow the school to be there.

Suggestion to remove Paul Banks School for the proposed zone change.

After annexation the City more than doubled its GC1. Added even more after that when the GCI area was expanded. It has increased.

Who is requesting this? Hear no big movement requesting this area to be rezoned. Why this area becoming GC1 in the best interest of the City.

First of all GCI only allows trade, skilled or industrial schools so Paul Banks would be non conforming.

Initiating a rezone because of a property owner's request or implied request is not really legal, a rezone cannot be done for a particular property owner.

Brief statement from the Griswold vs. City of Homer read into the record by Councilmember Novak: "... nor does the reclassification of more than one parcel negate the possibility of finding spot zoning by Zigler. In this case there is some evidence that the reclassified area may have been expanded to avoid a charge of spot zoning, in that case. Further Courts have invalidated zoning amendments after finding that a multi parcel reclassification was a subterfuge to obscure the actual purpose of special treatment for a particular land owner. Holding that the amendment is no less spot zoning by the inclusion of additional lots, (in this case six lots) than it would be without them, here proponents of zoning change apparently anticipated a charge of spot zoning so they added more lots and enlarged the area to include three lots on either side in question. That did not exclude or eliminate the realty of spot zoning. Or as a subterfuge to meet the needs of one particular land owner." He stated that he thinks this is clearly that and that he wouldn't go into any more details on that, adding that it seems obvious..

Discussion ensued:

This area has Rural and Urban Residential zoning.

The neighborhood is not rushing to Council's door requesting GC1. This is not only unwarranted and is asking for some serious legal issues that really needs to resolved in a different way by the administration at a different time.

City Manager responded to Council's inquiry, that he agrees with everything that Mr. Griswold said, that there is a problem with the school being there since it is not an allowed use in the GC1 and that there is some conflicting language in the Ordinance. Generally speaking Councilmember Shadle is right in that there has been a fair amount of talk about the need for more commercial areas, that this is a fact and that the public as well as the Council has talked about this. This may not be the right way to go. There is not a public statement about the need, not a big clammering about it. This is a pretty big deal, it would change property values, tax rates, and is something that would normally come out of the Comprehensive Planning process and that it might be better put off until the Comprehensive Plan, and recommend this from a community planning point of view. This is the kind of thing that is identified during that process, that there is a need for GC1 or GC2 or light industrial. He suggested that if the Council introduces this tonight that they provide a longer time line as they did with Ordinance 06-12, since this is a pretty big issue, since it is a commercial district right across the street from the school. He stated that the school is really alarmed about it since they called today, it is close to residential neighborhoods, and may perhaps create some real traffic issues at the intersection.

Council discussion:

With regard to more GC1 areas, is the kind of thing that would come out of the Comprehensive Plan revision.

WYTHE/McLAY - I WOULD LIKE TO MOVE TO POSTPONE ORDINANCE 06-13 UNTIL A LATER DATE WHEN COMPREHENSIVE PLANNING IS UNDERWAY AND HAVE IT INCLUDED AS CONSIDERATION AT THAT TIME.

There was discussion about the postponement and in part reiterated the City Manager's comments.

This is a discussion about a big public outpouring about a guy that has a business along the street. Sending this to the Commission as a statement of how serious Council views this one individual's situation. This is a heavy hammer and may paint with too broad of a brush. The Administration knows that the settlement of this situation is a priority for, not only Council, but for an awful lot of people. If there were some indication of a motion or some movement on the resolution to that issue

in another manner, this could wait to Comp Plan or another time. Reservations were expressed about sitting this situation on too low of heat on the back burner.

Right now permitted uses are legal and illegal for that particular individual. Legal if made GC1, but then there are other issues.

Everything is being driven by trying to meet one person's needs. This is not the way to do business.

The issue needs to be dealt with, by giving the Administration direction to go deal with it. They can sit down and work it out without having to bring a lot of people into it and unduly create a lot of conflict in that part of the community, or in the community due to this decision. This is unnecessary.

This is Administration's responsibility.

This is just skirting around the law.

City Manager Wrede responded to Council inquiry that there is still an ongoing process with the Planning Commission regarding the Blackwell issue, which was remanded to them from the Board of Adjustment, partially due to Mr. Blackwell feeling that he did not fully use his opportunity to present the evidence that he had. The Planning Commission is going to hear this thing again, Mr. Blackwell is going to bring more evidence of the usage of that property and the continuity of the usage and that he has some other folks that he would like to have testify. Theoretically it is possible that the Planning Commission may say that this is information they did not have before and that they are seeing this in a different light. Mr. Wrede stated that even if that does not happen that's still appealable to the Board of Adjustment, therefore the process is a long way from over. There may be a different outcome. There may be different ways to view that business there. It is understood that this is a problem that much of the community wants to see solved.

VOTE: (motion to postpone) YES: STARK, NOVAK, HEIMBUCH, McLAY, WYTHE, SHADLE.

Motion carried.

HEIMBUCH/McLAY - MOVED TO ADOPT BY READING OF TITLE ORDINANCE 06-14.

City Manager responded to Council query that this is part of the original design and is one of the things that got cut with the project budget problems. It was decided that if there could be a way found to fund it or fit it back in then do so, otherwise it was out. There was an opportunity to apply for more money, and the City was successful in getting additional grant money. The fire place is being put back in with new money. He was not sure about the insurance rate answer.

Public Works Director Meyer did not know.

City Manager further responded that this is a gas fire place.

Council comments included:

Concern expressed that the fire place could be taking up stack space and that the library people say that they have big problem with not enough stack space, even though going into a library with 15,000 square feet instead of the existing 3,500 square feet.

Bill Allen, the administrator of the Department of Agriculture for Alaska, expressed his excitement about the fire place and therefore, cobbled togther a deal with the Rasmuson Foundation to each fund half.

This seems to be a pretty good deal.

There are a lot of people in the community that really want this.

How much room is going to be lost from a fire place of this nature.

Mayor Hornaday recognized Councilmember Wythe's call for the question.

He asked if there were any objection to calling the question. There were no objections.

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

NO: SHADLE.

Motion carried.

CITY MANAGER'S REPORT

A. City Manager's Report (Updates and Follow UP: 1. Ordinance 05-39(S), Underground Utilities and meeting with HEA, summary attached, 2. Non Motorized Transportation and Trails Plan new advocacy group - CoHost - Coalition for Homer Open Space and Trails, 3. Animal Shelter proposals for Operation and Management, 4. Town Center Plan land owner meetings, 5. City Hall Space Needs Study, 6. Public Works Project Progress Report, 7. Homer Ice Rink/Economic Development, 8. Sewer System Inflow and Infiltration - problems caused City to exceed its EPA NPDES permit, issue will be back to the Council for a solution, 9. Library Construction progress report from Ben Gibson, 10. Council Training Opportunities, 11. Community Schools and Community Schools Advisory Board, 121. Deep Water Dock Expansion and RFP for design; Kenai Resolution regarding Revenue Sharing; Arctic Winter Games Letter from Homer Hockey Association; Letter on Price Program; Letter to Mayor from CoHost.)

City Manager Wrede stated that he would maybe come back with a Memo next time suggesting a time when they can sit down and really talk about City Hall and elevate that discussion with the community and articulate the need for a new City Hall and the whys, pros and cons. The City will need to be ready, if the University does get the $2 million, they'll be knocking on the door very shortly. He advised that they are close to an estimate of what could be needed for a new City Hall.

Councilmember Stark expressed his view of the Town Center that City Hall be placed in there with approximately the same departments as are currently are in City Hall. He noted that the Manager has mentioned including a Fire Department, a Police Department, a Court House and that this could take up the whole Town Center and that he does not see that, although that he would like to have a Conference Center included, adjoining it as part of it and that this could be the Council Chambers. He added that he would also like to see at the end of that, possibly fronting on Pioneer Avenue, a public restroom. He stated that he looks forward to reviewing that in the very near future.

Councilmember Heimbuch stated that he wants to make sure that there is enough book stack space and that there are plans made for a fire place, if in there, too.

Councilmember Wythe commented about item 10. Council Training, assuming that most items would take 15 to 20 minutes each and could be scheduled during the Committee of the Whole. She asked for a schedule to come forward that would put one of those training matters a month before the Council for consideration. She asked if the Community Schools matter could be changed to March 28th.

City Manager Wrede advised that the Community Schools matter has already been changed to March 28th at the request of the Community Schools advisory group.

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. and an 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.)

COMMITTEE REPORT

A. Public Arts Committee Report. Meeting Synopsis of January 12, 2006.

B. Road Standards Committee Report Synopsis of February 7, 2006 Meeting. Re: Boulevards Plan and Recommendations regarding Town Center Development Plan.

PENDING BUSINESS

None scheduled.

NEW BUSINESS

None scheduled.

RESOLUTIONS

A. Consent Agenda Item K. Resolution 06-23, Of the Homer City Council, Authorizing and Directing Administration to Conduct an Appraisal of KPB PARCEL 175-040-0300, Designated for Sale by Ordinance 91-27, Pursuant to Homer City Code 18.12, and Authorizing and Directing the Administration to Advertise for Bids for the Sale of Said Property. Shadle. Fiscal Note: See Ordinance 06-10(S).Recommend adoption.

SHADLE/STARK - RECOMMENDED ADOPTION OF RESOLUTION 06-23.

Council discussion points:

This is a land locked piece of property, owned by the City. Be nice to get this out there to let someone bid on it.

This might clear up some of the problems with the unsightly road that has scarred there by Hornaday Park.

This a great idea to actually get some money coming into the depreciation funding.

One potential buyer did put up a road on an adjacent property. Comment about vacating this road if this individual purchases the property.

There was some past discussion about trading.

If the City has some property there, directly above Karen Hornaday Hillside City Park , as the result of a trade, the City will be way ahead in terms of access to that area, having some trails and preventing slope erosion.

There was some mention of waiting. Comment to that was that it is not the purpose of government to acquire and hold land until finally the City owns every piece of land in the municipality and the people don't have land that they can live on.

This parcel is most useful to the adjacent property owners, one of who is very interested in buying this parcel.

There was comment about the value of the property and that it might be worth more later. However, right now there is purchasing interest in this parcel that might not exist later.

The City can turn this into a revenue source by selling it, first by selling and second by putting it back on the tax rolls. A win/win situation.

The slope issues could be addressed by entertaining the option of trading some property there for that piece of property that could be beneficial for the community. If some of the slope stability could be corrected and City have access it would be better. It is a way to correct the problem.

Mayor Hornaday recognized Councilmember McLay's call for the question.

There were no objection to calling for the question.

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

Motion carried.

B. Consent Agenda Item L Resolution 06-24, Of the City Council Amending the City of Homer Fee Schedule, Administrative, to Add a Fee Amount for Zoning Appeals. Shadle. Recommend adoption.

SHADLE/STARK - I'D LIKE TO MAKE A MOTION TO ADOPT RESOLUTION 06-24.

Council discussion.

This fee has been approved in the Fee schedule, without a dollar amount, unfinished business.

Kenai Peninsula Borough charges $300.00.

Council recognized Mr. Griswold's comment about refund of some sort if the appeal goes toward the way of the appellant.

This resolution puts the fee at $250.00.

HEIMBUCH/SHADLE - I'D MOVE WE POSTPONE THIS TIL NEXT MEETING SO WE CAN RESEARCH THIS A LITTLE BIT.

There was no discussion.

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

Motion carried.

COMMENTS OF THE AUDIENCE

Comments of the Audience on any matter.

Frank Griswold commented about saying in his letter that when the Council took the fee out of the Ordinance they also took out the part about the refunding and that this is why he had suggested that the Council put it back in now. He stated that the language he had put in his letter was taken directly from the Ordinance. He expressed his belief on the Town Square deal that the Council is really setting themselves up to be played, because they are going to be asked to give zoning concessions first and then CIRI is going to say, "Well the City did not meet our expectations, did not put City Hall where you said you were going to put it." He voiced his concern that CIRI is going to find some reason, after the zoning concession, to develop everything any way they see fit. He told the Council that he has not seen anything in writing that binds CIRI to any of that Comprehensive Plan. He also commented about his disappointment in seeing that the Town Square and the Town Center Development Committee did not have more faith in the Zoning Code and the Comprehensive Plan when they drew up these conceptual plans. He wondered why there is this plan that applies to the whole rest of the CBD and all of a sudden it is just abandoned. He stated that it seems to him that if they'd just stuck to the Comprehensive Plan and the Zoning Code they could have developed a very nice Town Square without creating bad feelings or doing discriminatory zoning. He noted that once the City implements all these sweet heart deals for CIRI there is going to be demands from the rest of the people in the CBD. He told the Council that they had better think about this in terms of the entire CBD, adding that if the Council eases CIRI's regulations everyone else is going to get these too. He stated that's it and good night.

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 commented about the Arctic Winter Games, that there is lots of snow and that the winter games ought to be great. He noted that the Curling and possibly the Volley Ball tournaments will be in Homer. He encouraged the Council to actively participate.

COMMENTS OF THE CITY COUNCIL

Councilmembers McLay, Heimbuch, Shadle had no comment.

Councilmember Stark stated that, as he mentioned earlier, the understanding on the street is that the assessed value in the City of Homer went up 25% this year, so get ready.

Councilmember Novak said that he just encourages people to think about the upcoming meeting here in the City Council Chambers on March 21st with regards to ideas and proposals on the Gateway District.

WYTHE/McLAY - I'D LIKE TO CALLED FOR RECONSIDERATION THE RESOLUTION JUST MADE, I GUESS IT IS RESOLUTION 06-23, FOR IMMEDIATE RECONSIDERATION.

Councilmember Wythe stated that this is strictly for the purpose of revoting to lock in Council'svote.

Councilmember Novak stated that he would like to see, when this is advertised for sale, that if the property owner that owns the property above Karen Hornaday Hillside City Park, were a successful bidder that there be something in this contract that removes his or where he gives up his access above Karen Hornaday Hillside City Park and comes up with a way to mitigate some of the issues there.

Point of Order was called for by Councilmember Heimbuch at the same time that Councilmember Stark stated that this cannot be done.

Mayor Hornaday noted that this is a point well taken.

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

NO: SHADLE, NOVAK,

Councilmember Shadle changed his vote to yes before the Mayor noted the result of the vote.

Motion carried.

There was no further discussion.

VOTE: (revote on Resolution 06-23): YES: WYTHE, SHADLE, STARK, NOVAK, HEIMBUCH, McLAY.

Motion carried.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 9:00 p.m. by Mayor James C. Hornaday. The Next Regular Meeting is scheduled for Monday, March 13, 2006 at 7 p.m. and the Next Committee of the Whole is scheduled for Monday, March 13, 2006 at 4 p.m. 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: ___________________________