HOMER CITY COUNCIL

Session 05-18, a Regular Meeting of the Homer City Council was called to order at 7:00 p.m. by Mayor James C. Hornaday at the Homer City Hall Council Chambers located at 491 E Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

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

STAFF: CITY ATTORNEY TANS

CITY CLERK CALHOUN

DEPUTY CITY CLERK I JACOBSEN

CITY MANAGER WREDE

PUBLIC WORKS DIRECTOR MEYER

ABSENT: COUNCILMEMBER: HEIMBUCH (excused)

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

The City Council met as a Committee of the Whole from 4:04 p.m to 5:24. Agenda Items were: Bill Krueger's Presentation on the Conference Center Feasibility Study, Extra territorial water services, Regular Meeting agenda items with Specific Discussion on Ordinance 05-35, Of the City Council of Homer, Alaska Adopting the Homer Transportation Plan, Amending the Homer Comprehensive Plan to Include the Transportation Plan and Recommending Adoption by the Kenai Peninsula Borough and Memorandum 05-111 with the Planning Commission's recommended amendments.

The City Council met in a Special Meeting from 5:32 to 6:58 p.m. for Board of Adjustment Appeal Hearing only Re: Griswold Appeal of Conditional Use Permit 05-06 for South Peninsula Hospital Expansion.

AGENDA APPROVAL

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

Mayor read the following requested and recommended changes to the agenda: Consent Agenda: City Manager Requests pulling Resolution 05-75, will be back to the Council on July 25th, Substitute Resolution 05-77(S) with Memorandum 05-119 and PERS agreement.. Announcements: Sister City - Teshio, Japan visit. Public Hearing and Second Reading: Public written testimony. Add Memorandum 05-118, from City Manager, Re: Traffic Study and Intersection of Lake Street and Sterling Highway as back up and additional recommendation to Ordinance 05-35. New Business ABC Board Information for Memorandum 05-116. Barb Seaman has asked to be removed from the Agenda under Visitors.

WYTHE/NOVAK - MOVED TO APPROVE THE AGENDA.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public comments on any item on the agenda except Visitors - Barb Seaman, Kachemak Heritage Land Trust, Re: Conservation Easements and Rick Pitta, Manager, Homer Multi Purpose Ice Rink Facility; and Public Hearing items: Ordinance 05-32, a USDA Loan of $400,000.00 for the Library Building Project, Ordinance 05-33, Amending the Zoning Map to Rezone Portions of the General Commercial One Zoning District (GC1) to Rural Residential Zoning District (RR) and/orOrdinance 05-35, Adopting the Homer Transportation Plan, Amending the Homer Comprehensive Plan to Include the Transportation Plan and Recommending Adoption by the Kenai Peninsula Borough.

Leonard Wells, City resident, commented on Resolution 05-76, raising the POV auto mileage rate, inquiring if the increase was considered when the budget was adopted and about the financial impact.

RECONSIDERATION

None scheduled.

CONSENT AGENDA

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

A. Homer City Council unapproved meeting minutes of June 13, 2005 Special and Regular Meetings. City Clerk. Recommend approval.

B. Ordinance 05-36, Of the City Council Rescinding Ordinance 05-28(A) Appropriating a Loan of $575,000.00 from the Special Projects Fund, Account 151-275, to Construct the New Homer Public Library. City Manager. (Fiscal Note: Funds remain in 151-275.) (Recommend introduction and Conduct Public Hearing and Second Reading on July 25, 2005.)

C. Ordinance 05-37, Of the City Council of Homer, Alaska Accepting and Appropriating a $1 Million Legislative Grant from the Alaska State Department of Community and Economic Development (DCED) for the New Homer Public Library and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. (Fiscal Note: Revenue and Expenditure Account Funding 151-722 from DCED $1,000,000.00 addition to New Homer Library Project.) (Recommend introduction and Conduct Public Hearing and Second Reading on July 25, 2005.)

D. Resolution 05-75, Of the Homer City Council Authorizing the City Manager to Enter into an Agreement with the Kenai Peninsula Borough to Provide Fire and Emergency Medical Services to Kachemak Emergency Service Area for FY 2005 in the Amount of $_______________. City Manager. Recommend adoption.

Removed from the Agenda at the request of the City Manager.

E. Resolution 05-76, 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 $0.375 TO $0.405. City Manager. Recommend adoption.

G. Submitted under Agenda Approval: Resolution 05-77(S), Of the City Council of Homer, Alaska Authorizing the Amendment of the City of Homer, Alaska and PER (Public Employee's Retirement System) Participation Agreement to add the clause "Excluding Chief of Police and Police Officer IV Employees" Effective July 1, 2005. City Manager. (Fiscal Note: Estimated annual budget reduction of $91,690.00.) Recommend adoption.

Memorandum 05-119, through City Manager as backup, with PERS agreement.

H. Memorandum 05-113, from Mayor, Re: Reappointment of Rick Foster and Bruce Hess to the Homer Advisory Planning Commission. Recommend confirmation.

I. Memorandum 05-114, from Finance Director, Re: 2006 Budget Development Schedule. Recommend approval.

NOVAK/McLAY - MOVED TO APPROVE THE CONSENT AGENDA AS READ.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

A. Barb Seaman, Kachemak Heritage Land Trust, Re: Conservation Easements.

(5 minutes) (See City Manager's Report.)

Removed from the agenda at the request of Barb Seaman.

B. Rick Pitta, Manager, Homer Multi Purpose Ice Rink Facility. (5 minutes)

Mr. Pitta thanked the Council for allowing him to speak and gave a short presentation and reported on scheduled maintenance, opening August 1st, activities, and on events including the Arctic Winter Games.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. Conference Center Study, Presentation by Bill Krueger of Conventions, Sports and Leisure. (15 minutes)

Mr. Krueger presented the market demand conclusions, overall space and venue challenges, four development options, statistics, analysis of event levels and economic/financial impacts and conclusions.

Option 1. Stand alone Conference Center

Most of these type of facilities operate at a deficit

Option 2. Public/Private Partnership with Hotel (existing or new)

Owned and operated privately. Minimizes or eliminates any ongoing public sector funding obligations, however, the public sector loses control over facility bookings. Conversely, under the publicly-owned model the public sector can wholly determine booking policies and priorities to protect the needs of the community.

Suggestions were made on possible partnerships.

Option 3. Joint Use build-out with another Public Project

Anchor for a Town Center revitalization project.

Possible ideas are City Hall, Library. Discussions with City Officials indicate that a City Hall project in Town Center is a more likely candidate.

The City may wish to consider other no public candidates for a joint use Town Center Project.

Option 4. Do nothing.

Ultimately, the City may determine that public sector costs of any of these conference center development scenarios outweigh the incremental benefits to the Homer community.

Main conclusion: Based on the understanding of the City's objectives with respect to the Town Center project and the need for an "anchor" in the area, it is believed that Option 2. is preferable. Based on analysis results, this type of project could provide the most advantageous mix of public benefits to public costs while also fulfilling the need for a Town Center "activity anchor". Should preliminary planning work and discussion with developers suggest little partnering interest or too high of public investment costs, further planning and exploration of Option 3. in the Town Center should be pursued.

B. Appreciation to the City of Homer from the Homer High Lady Mariner Softball Team.

Commendation was extended to Public Works personnel for their work on Karen Hornaday Hillside Park and the ballfields.

C. Sister City - Teshio, Japan, visit in August.

PUBLIC HEARING(S)

A. Ordinance 05-32, Of the City Council of Homer, Alaska Accepting and Appropriating a USDA Loan of $400,000.00 for the Library Building Project and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Fiscal Note: Revenue and Expenditure Account151-722, USDA Loan of $400,000.00 for the Library Building Project.(First Reading June 13, 2005, Public Hearing and Second Reading on June 27, 2005.)

There was no Public testimony.

NOVAK/YOURKOWSKI - MOVED TO ADOPT ORDINANCE 05-32 BY READING OF TITLE.

Councilmember Novak voiced appreciation for the loan and noted that there has been some money received from the state to offset project costs and that the City does not have to rely on the sale of the existing library building.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

B. Ordinance 05-33, Of the City Council of Homer, Alaska, Amending the Homer City Zoning Map to Rezone Portions of the General Commercial One Zoning District (GC1) to Rural Residential Zoning District (RR). City Manager. (First Reading June 13, 2005, Public Hearing and Second Reading on June 27, 2005.)

Frank Griswold, City resident, advised that he provided some information that is included in the supplemental packet and paraphrased the 1996 Court Case, Griswold vs. City of Homer:Small parcel zoning designed merely to benefit one owner constitutes unwarranted discrimination and arbitrary decision making. Unless the Ordinance amendment is designed to achieve the statutory objectives of the City's own zoning scheme. Otherwise the City would be forced to discriminate arbitrarily among land owners seeking relaxed restrictions or to abandon the concept of planned zoning altogether. He relayed that, on page 15 of the supplemental packet, the City Attorney said that rezoning of a small parcel is a legislative act and that it must be accomplished by Ordinance and satisfy the standards that generally apply to zoning legislation, subject to any specific requirements or exceptions made available by chapter 21.63. He stated that the supplemental packet also includes the City Attorney's comments in an on going court case in his opposition to a summary judgement issued on March 23, 2005 and said that he was quoting the following: "Zoning Ordinance promulgated to regulate these zoning districts(GC1, GC2, and CBD) effect the entirety of Homer including the residents in property in all other zoning districts. In each case the purpose of the specific zoning district is stated in reference to the community as a whole. The zoning districts are not distinct and independent units and are devoid of effect on each other. To the contrary the entire City is laid out in an organized manner pursuant to a City wide Comprehensive Plan with the result being one interrelated goal, each part dependent upon and effected by the other. Together all the zoning districts form one functioning community." Mr. Griswold stated that, because this is a legislative act, which involves the comprehensive zoning scheme, the area of concern is much larger than just the applicant's lot and that there is no provision in 21.70.010, initiative procedures, that allows a property owner to initiate a rezone of his own property without filing a petition including the majority of property owners concerned or 50 registered voters. He urged the Council to seek the City Attorney's advise as to whether or not the applicant met this burden of proof, that there is a public benefit, and whether or not the initiation process was properly followed. He commented that the Planning staff suggested that this rezone might be okay, because just one lot was involved, that the applicant had within drawn some other lots in the past. Mr. Griswold said that the City Attorney has stated that including larger parcels would be more likely to prevent a charge of spot zoning. He told the Council that they may ask the City Attorney if the Planning Commission met its responsibility to articulate its reasons for its decisions, interjecting that the Supreme Court decision said that must be done so that the Council has the ability to find a basis for that decision and that it also restrains governmental agencies to operate within their powers. He voiced his belief that this is a spot zone and that it should be denied.

YOURKOWSKI/NOVAK - MOVED FOR THE ADOPTION OF ORDINANCE 05-33 BY READING OF TITLE.

Councilmember Yourkowski asked if the City Attorney could answer Mr. Griswold's questions.

City Attorney Tans responded that he had not had a chance to review the backup information to this Ordinance that were in a previous Council packet, therefore, cannot comment on public purposes that have been expressed. He pointed out that this is not necessarily spot zoning just because it involves one piece of property and that, as he understands it, this property is right on the boundary between GC1 and Rural Residential districts and that this is just adjusting the boundary around this and so the property is clearly on the border. He emphasized that this is not like picking out a piece of property that is clearly in some residential zone, rezoning to commercial because this guy wants to put in a factory, adding that this seems to be the reverse. He advised the Council that he is not familiar with the proceedings that led up to this point, but that he is not prepared to say that this is spot zoning without review.

City Manager Wrede recalled that in the last packet there was a memorandum from the City Planner and more information from the minutes and some other things from the Planning Commission. He also advised of his lack of familiarity, concurring that it is adjacent to Rural Residential and that the Commission felt very strongly that it should be part of it. He stated that he had no comment on spot zoning.

Councilmember McLay stated that in reality that it is not just adjacent to GCI, but it is in the Residential Section, and is just one lot that extends the industrial over into the residential section. He shared his tendency to agree that the City does not want to be spot zoning, that he really does not want to take sections out of industrial to make residential, but this is cleaning up a line that will be easier in the future to maintain the separating line between industrial and residential. He stated that as a result he is in favor of this.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

C. Ordinance 05-35, Of the City Council of Homer, Alaska Adopting the Homer Transportation Plan, Amending the Homer Comprehensive Plan to Include the Transportation Plan and Recommending Adoption by the Kenai Peninsula Borough. City Manager. (First Reading June 13, 2005, Public Hearing and Second Reading on June 27, 2005.)

Memorandum 05-111, from Planning Commission with recommended amendments.

Memorandum 05-118, from City Manager, Re: Traffic Study and Intersection of Lake Street and Sterling Highway as back up and additional recommendation

Mayor Hornaday read the recommendations of Memorandum 05-118 into the record.

1. Discuss whether the Council wants to see a three way stop at the intersection of Lake and Sterling for the remainder of this year. Give direction to the Manager and to DOT/PF

2. Direct Manager to write a letter to DOT/PF asking for an extension of at least two months on the deadline for comments on the traffic/intersection study. (Deadline for comments is currently July 20). This will allow for more public debate and analysis on an issue that will impact traffic and the physical appearance and development of Homer for many years to come.

3. Refer the traffic / intersection study to Planning Commission and request comments as quickly as possible.

4. The nomination process for STIP projects begins this week with a visit by DOT/PF staff to Homer or June 28. DOT/PF has already asked for Needs List Projects. I recommend that the Council authorize me to nominate the roundabouts and other traffic control and pedestrian measures contained in the traffic/intersection study as STIP Projects so we make sure we get them in the funding pipeline as soon as possible. Council can always withdraw this nomination later if after a public review process, the community decides that it does not want roundabouts.

5. Adopt the City Transportation Plan. I believe that as written, the plan already expresses sufficient support for the recommendations in the traffic/intersection study. The Council can always formally adopt the final transportation/intersection study later by resolution if it wants. To delay adoption of the City Transportation Plan any longer would likely cause more harm than good.

Katherine George, City resident, voiced concerns that the Council is adopting the transportation plan too quickly and that the Council is possibly making changes to the Planning Commission recommendations without adequate deliberation. She informed the Council of her participation, numerous times, this past winter by testifying and attending Planning Commission meetings and that she knows how much thought and effort went into these recommendations that have been presented to the Council. She testified that it is a good idea to combine the Non Motorized Transportation and Trails Plan, the DOT study and the upcoming Fred Meyer study so that all aspects are considered and included in one master plan rather than having several plans that conflict with each other. She stated that from comments made earlier this evening she is concerned that some City Councilmembers may think that Homer citizens cannot have a voice if they purchase property that has undeveloped property adjacent to it. She noted that the current Transportation Plan, the formally adopted one is from1986. She reported that her new neighbor researched all of the adjacent property and was still surprised to learn this winter, after purchasing a home, that a road was to be developed less than three hundred yards from the new home. Ms. George advised that different people within a subdivision have purchased property at different times, over the years plats have shown different connection points between new and old subdivisions. She noted that earlier this evening there was a comment that the Transportation Plan should just be adopted and that it can always be changed later. She pointed out that when a person, new to the community, researches the property that they want to buy, and look at this particular Transportation Plan they, then, must be aware that it could change at any moment. She emphasized that change happens frequently and that she thinks that the local citizenry should be given a strong voice at all points in the process. She noted that the Planning Department and Public Works Directors have repeatedly stated that the roads designated on the Transportation Plan are merely indications of where connections should be. However, she continued, that at a recent Planning Commission meeting the vacation of a right of way on Highland Drive was rescinded, part of the argument by the Planning Department was that the Transportation Plan shows a connection between East and West Highland Drive. Ms. George stated that once a road is on the map that does become the location of the road and that the designation in the Transportation Plan does matter and does deserve strong consideration. She voiced her hope that the Council would postpone the final determination on the Master Plan's Transportation Plan until the Council has had adequate time for further consideration. She thanked the Council.

Francie Roberts, City resident, testified that the two public hearings have been during the month of June and voiced her opinion that this is not a good time for the public to come and testify. She expressed concern that this important plan for the City has not received the public testimony and input that it needs. She disagreed with the Council adopting this all important plan tonight. She commented about being present at the Committee of the Whole and that what was read tonight was seemed slightly different or that she is misinformed, therefore, some things have changed already. She reported attending numerous Planning Commission meetings this winter, that she commented on the Transportation Plan and commended the Planning Commission for their great work and for listening to what she and others had to say about the Plan and made suggestions that would benefit all citizens of Homer. She expressed concern that the Council has asked for the map, has no map and yet is going to adopt the Plan. She emphasized that the location and placement of roads is the issue, everyone in Homer needs a voice, that where the roads are located is very, very important and that it cannot be changed monthly, not being a very wise way to run the City Transportation Plan. She reiterated Ms. George's comments and that very careful planning and deliberations are needed regarding the placement of roads where it benefits the majority of the people in Homer. She thanked the Council for listening.

Leonard Wells, City resident, voiced agreement with most everything that the two previous testifiers said. He commented that one thing is that if DOT's recommendations are being considered by Council to put into the plan, ie. the roundabouts, then the whole thing should be scrapped until the Council gets some information as to what the City residents want and what the City plans to do with roundabouts. He voiced his personal opinion that any roundabout on an state highway should not be there unless it is large enough to accommodate any transportation that the City could possibly envision coming off the Spit or getting to the Spit to be transported out of the area. He voiced agreement with the two previous testifiers with regard to the difficulty of making changes to the Plan, adding that there will always be somebody that wants it the way it is and that most people are not willing to vote against something that exits.

STARK/YOURKOWSKI - MOVED TO ADOPT ORDINANCE 05-35 FOR SECOND AND FINAL READING.

Council discussion points: Need to adopt a plan. Need to consider it carefully. Comment about the absence of the maps. DOT had not submitted the Traffic Study/Intersection Study, not a crisis, just one more element. This plan does not say yeah or nay to roundabouts. The Road Standards Committee and Planning Commission had the plan for a long period of time and now it is time to adopt the Plan. At some point all the imponderables have to be resolved. It reflects poorly on the City to not have an adopted plan.

City Manager Wrede addressed the missing map issue, that there were several maps that seem to have disappeared, he displayed one of the maps that the Council had previously been given, noting that more can be produced. He noted that the Planning Commission recommended no changes to the maps and that the only recommended amendments are to the text as reflected in Memorandum 05-111. He commented on the difference in a Transportation Plan and Traffic Study, adding that it may not be a good idea to try to incorporate the findings of a Traffic Study into a broad based Transportation Plan, which presents general concepts. He voiced his opinion that the Transportation Plan is flexible enough to incorporate the recommendations in the Traffic Study. Council could adopt it later on or endorse it via Resolution.

WYTHE/YOURKOWSKI - MOVED TO AMEND THE EXISTING ORDINANCE FOR THE INCLUSION OF MEMORANDUM 05-111.

There was a comment clarifying what this amendment does.

Mayor Hornaday called for a recess at 8:02 p.m., reconvening the meeting at 8:07 p.m.

WYTHE/YOURKOWSKI - MOVED FOR AMENDMENT TO THE RECOMMENDATION PAGE 113, PAGE I 32, 3RD PARAGRAPH TO READ AS FOLLOWS, TWO ADJUSTMENTS TO THAT THE FIRST TO BE ON LINE 3 AT THE END THERE STRIKING "AND REDUCED CONSTRUCTION".

Sentence would read: Many communities are turning to roundabouts as a solution to their traffic problems, and numerous studies show them to have a superior safety record [and reduced construction] and maintenance costs to intersections with signals or stop signs.

Councilmember Wythe noted that at the presentation on June 13th it was stated that the construction cost is higher and that the maintenance cost is lower.

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

Motion carried.

There was no discussion.

WYTHE/YOURKOWSKI - MAKE AN ADDITIONAL IN THAT SET OF PARAGRAPH, MAKE AN ADDITIONAL AMENDMENT WHICH WOULD READ THAT "ANY PROPOSED ROUNDABOUTS SHOULD ACCOMMODATE THE LARGEST FORM OF TRANSPORTATION TRADITIONAL TO THE INTERSECTION.".

Councilmember Wythe stated that the purpose of this is to be sure that consideration is trailer tractor vehicles or transportation trucks.

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

Motion carried.

There was no discussion.

WYTHE/YOURKOWSKI - MOVED TO AMEND I 32 IN THE THIRD PARAGRAPH, TO INSERT A NEW PARAGRAPH FOR THE THIRD PARAGRAPH TO READ AS FOLLOWS, I WOULD LIKE TO RETAIN ALL OF THE INFORMATION DOWN TO "THIS MEANS STOPS ARE MINIMIZED" AND PERIOD THERE AND REMOVE THE EXAMPLE.

With amendment would read:

In addition to roundabouts the Homer Planning Commission recommends that other alternatives to signalization also be considered, such as a one-way couplet. (Figure�.). One-way couplets are designed so that traffic flow is maximized and circulates traffic as blood circulates through the body, in one-way streams. This means stops are minimized. [For example this concept could route traffic into one-way patterns along the following streets:

East on Sterling Highway starting at Pioneer Avenue intersection

� North on Lake Street starting at the Sterling Highway intersection

� West along Pioneer Avenue.

turn to head north. A left-hand turn would return onto the one-way portion of the Sterling Highway. Left hand turns would be with traffic eliminating across traffic turns. Heath Street, Main Street, and Greatland Street would be two-way connectors. Left hand turns on these connectors additionally would be with traffic, again eliminating across traffic turns.

The figure to be amended to take out street names and labeled as "Example Only".]

Councilmember Wythe clarified that this section is addressing one way couplets and that only the example is being removed..

VOTE: (secondary amendment 3.) YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

There was no discussion.

WYTHE/YOURKOWSKI - MOVED TO AMEND ON PAGE 114, I 35, FAIRVIEW WEST AND FAIRVIEW, IS AMENDED TO READ AS FOLLOWS AND THE EXISTING SENTENCE READS"THIS ROUTE WILL INCLUDE TRAFFIC CALMING TECHNIQUES WHICH WILL MAINTAIN THE NEIGHBORHOOD CHARACTER AND NOT ENCOURAGE THROUGH TRAFFIC." AND WOULD LIKE FOR THAT TO TRUNCATE AFTER TECHNIQUES, "THIS ROUTE WILL INCLUDE TRAFFIC CALMING TECHNIQUES. AND ELIMINATE THE REFERENCE TO THROUGH TRAFFIC.

Would read: This route will include traffic calming techniques.[which will maintain the neighborhood character and not encourage through traffic].

Councilmember Wythe stated that the purpose of this truncation is that the purpose of providing an alternate traffic route through the Fairview area would be for the purpose of through traffic alternate routing.

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

Motion carried.

There was no discussion.

WYTHE/NOVAK - AMEND I 35, SECOND PARAGRAPH PAGE 114, FOURTH PARAGRAPH FROM THE TOP, I WOULD REVISE, CURRENTLY IT READS "THE PLANNING COMMISSION FURTHER RECOMMENDS SAFE PEDESTRIAN/BICYCLIST CROSSINGS ACROSS EAST END ROAD SHALL BE DEVELOPED AT PAUL BANKS ELEMENTARY SCHOOL AND ON THE ROUTE TO JACK GIST PARK. IN ADDITION, A CROSSING SHALL BE PROVIDED NEAR ROCHELLE OR SABRINA ROADS..." BRING TO THE FIRST PARAGRAPH I WOULD SAY THAT "THE PLANNING COMMISSION FURTHER RECOMMENDS", THEN INSERT "THE DEVELOPMENT OF" "SAFE PEDESTRIAN/BICYCLIST CROSSINGS ACROSS EAST END ROAD" AND STRIKE "SHALL BE DEVELOPED" AND LEAVE "THE REMAINING AT PAUL BANKS ELEMENTARY SCHOOL AND ON THE ROUTE TO JACK GIST PARK." AND THEN IN THE SECOND SENTENCE "IN ADDITION, A CROSSING " INSTEAD OF "SHALL", STRIKE "SHALL" AND SAY "SHOULD"" BE PROVIDED FOR THE ROCHELLE OR SABRINA ROAD TO PROMOTE SAFE TRAVEL BETWEEN NEIGHBORHOODS SOUTH OF EAST END...

Would read: The Planning Commission further recommends the development of safe pedestrian/bicyclist crossings across East End Road [shall be developed] at Paul Banks Elementary School and on the route to Jack Gist Park. In addition, a crossing [shall] should be provided near Rochelle or Sabrina Road to promote safe travel between neighborhoods south of East End Road and the bike trail to the north.

Councilmember Wythe stated that this is a state road not a City road, therefore, it would be very inappropriate for the City to say that the state shall do anything, but it would not be inappropriate to recommend safety precautions.

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

Motion carried.

There was no discussion.

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

Motion carried.

There was no further discussion.

Note: Bold underline depicts addition and bracketed strike out depicts deletion.

Verbiage of Memorandum 05-111 as amended:

The City contracted in 2001 to develop a Homer Area Transportation Plan. This plan was never adopted by the City Council. Last fall the City Council directed the Road Standards Committee to review the plan created by the consultant, and recommend any changes. Planning and Public Works staff worked with the Road Standards Committee in reviewing the plan. The draft update incorporates the changes proposed by the Road Standards Committee. The Committee forwarded their work to the City Council.

The City Council has directed the Planning Commission to review the draft plan. The Commission received a copy of the draft plan at the September 1, 2004 meeting.

Homer City Code 1.76.030 requires the Homer Advisory Planning Commission to develop, adopt, alter or revise, subject to approval by the Council a master plan for the physical development of the City. Such master plan with accompanying maps, plats, charts, descriptive and explanatory matter, shall show the Commission's recommendations for the development of the City territory, and may include, among other things:

Development of the type, location and sequence of all public improvements,

The relocation, removal, extension or change of buildings, properties and utilities,

The general extent and location of rehabilitation areas.

The Commission held numerous work sessions on the draft plan, working with staff and concerned residents of the Mountainview neighborhood. Two public hearings were held in December 2004 and January 5, 2005. Following are specific amendments agreed to by the Planning Commission over the course of the two public hearings and numerous worksessions and meetings.

Executive summary - page I-1 second paragraph - Homer population 2004 - 5,332

Page I-3 first paragraph to be amended to read as follows:

The Homer Area 2001 Transportation Plan was produced to be a comprehensive transportation-planning tool for the City of Homer. Additionally, the Non-Motorized Trails and Transportation Plan should be considered a companion document to the Transportation Plan, as it is the City of Homer's policy document for comprehensive long-range non-motorized transportation and trails system.

Page I-3 third paragraph to be amended as follows:

The 2001 Draft Transportation Plan was completed but not adopted. In Fall 2003 the City of Homer Road Standards Committee began reviewing the goals, objectives and recommendations of the 2001 Draft Transportation Plan. The Homer Advisory Planning Commission took up discussion of the Draft Transportation following the Road Standards Committee. This plan reflects the plan as recommended by the Planning Commission.

Page I-3 fourth paragraph to be amended as follows:

The Road Standards Committee and the Homer Advisory Planning Commission further recommend that where ever this plan recommends signalization, alternatives such as roundabouts be seriously considered.

Page I-18 add new section 3. 3 Mitigation Funding to read as follows:

The City of Homer currently requires projects that may increase traffic significantly to complete a traffic impact analysis (TIA). The TIA may require mitigation projects to alleviate the impacts expected from the increased traffic. Funding from these projects can be designated to supplement or fully fund specific projects. These might include traffic calming techniques and devices, alternative access, by-pass routes or rapid transit/shuttle services. Funding for sidewalks, trails or alternative transportation opportunities may be a condition identified as a mitigation activity if a required TIA warrants.

Page I-20 -correct goal four to remove the extra "progression".

Page I-21 objective 5 to be amended to read as follows:

This plan shall determine if there are traffic advantages for new corridors. Advantages will be measured by the change in percent volume reduction on other roadways.

Page I-21 objective 11 - end sentence after reconstruction projects. Add language to read as follows:

The East End Road bike trail will lead to a dramatic increase in pedestrian and bicycle traffic along the north side of East End Road. Safe pedestrian and bicycle crossings will be needed to allow trail users to cross to the south side of East End Road at appropriate locations.

Page I-21 new objective added to read as follows:

Criteria for street design will be developed so that "local" roads are neither over-nor under designed for their uses and community context. Local roads and their rights-of-way and radii (curb, turning, and center lane) will be no wider than necessary to meet neighborhood needs for access and safety and will be designed to calm vehicular traffic (e.g. reduce vehicles speeds to 25 mph or less). Subdivision standards for residential areas will be revisited to include traffic calming techniques such as narrower roads to encourage slower traffic movement.

Page I-21 new objective added to read as follows:

Areas used intensively by pedestrians, such as the Homer Spit, will be considered for additional traffic calming measures.

Page I-26 2nd paragraph in section 6.2 last sentence amended to read as follows :

They found that signalization, or other means of traffic control is warranted, even in the lower volume winter season.

Page I-31 add new bullet under Improvement Alternatives

Implementation of Non-Motorized Transportation and Trails Plan

Page I-32 amend third paragraph to read as follows:

The modern roundabout should be considered as a traffic mitigating solution at any intersection where traffic flow is a concern. Many communities are turning to roundabouts as a solution to their traffic problems, and numerous studies show them to have a superior safety record [and reduced construction] and maintenance costs to intersections with signals or stop signs. The modern roundabout increases capacity and improves traffic flow, and is easily negotiated by large trucks and RV's. In addition, studies have shown that pedestrian safety increases due to increased driver awareness and slower speeds. Homer is a perfect candidate for the modern roundabout given the seasonal fluctuation of the number of vehicles on our roads. In conclusion, there will be less wait-time, (leading to a higher level of service), more efficient fuel usage, fewer accidents, decreased costs, and better traffic flow by employing the modern roundabout. For more information, please refer to www.alaskaroundabout.com. The Homer Planning Commission recommends the modern roundabout be utilized as a replacement for signalization at any intersection where traffic flow is considered a problem. Any proposed roundabouts should accommodate the largest form of transportation traditional to the intersection.

Page I-32 insert new paragraph after the third paragraph to read as follows:

East on Sterling Highway starting at Pioneer Avenue intersection

� North on Lake Street starting at the Sterling Highway intersection

� West along Pioneer Avenue.

Traffic traveling on the Sterling Highway would continue without stopping at the Pioneer Avenue and Lake Street intersection turning either north or south on Lake Street. Traffic coming north on the two-way portion of Lake Street from Ocean Drive would merge into the one-way portion. At Pioneer Avenue and the Sterling Highway intersection, no stop would be required for a right-hand turn to head north. A left-hand turn would return onto the one-way portion of the Sterling Highway. Left hand turns would be with traffic eliminating across traffic turns. Heath Street, Main Street, and Greatland Street would be two-way connectors. Left hand turns on these connectors additionally would be with traffic, again eliminating across traffic turns.

The figure to be amended to take out street names and labeled as "Example Only".]

Page I-33 add new bullet under Corridor Improvements

Consider implementing the recommendations of the Non-Motorized Transportation and Trails Plan, thereby reducing vehicular traffic.

Page I-35 bullet discussing Heath Street extension amended to read as follows:

The route for the proposed extension will extend Heath Street north and then east to East Hill Road. The Planning Commission recommends that if the Heath Street extension is developed, Mountain View Drive and Elderberry Court be converted to one way east only from Kachemak Way to Heath Street. This will reduce the possibility for these streets becoming impacted with excess traffic. Alternatively, Mountain View and Elderberry could be maintained as dead end streets, the goal being to maintain the area as a quiet, pedestrian friendly neighborhood, discouraging or not allowing through traffic.

Page I-35 bullet discussing Poopdeck Trail amended to read as follows:

Poopdeck Trial reconstructed as a road. Should traffic conditions warrant the development of Poopdeck Road it will be developed with a separated pedestrian pathway.

Page I- 35 bullet discussing Greatland Street amended as follows:

The proposed route will intersect Pioneer Avenue at Bartlett. The Planning Commission recommends that if Greatland Street is extended to Pioneer Avenue that it be a right turn only intersection, reducing the backup of traffic trying to cross Pioneer Avenue. This will keep traffic entering Pioneer Avenue separated from the Bartlett Street intersection. It should be noted this recommendation will conflict with the proposed one-way couplet.

Page I-35 bullet discussing Fairview west to Fairview amended to read as follows:

This route will include traffic calming techniques.[which will maintain the neighborhood characterand not encourage through traffic].

Page I-35 after recommendations of the Road Standards Committee add a new section to read as follows:

The Planning Commission recommends that before the Heath Street extension is developed other improvements, such as but not limited to, intersection improvements at East Hill and East End Road be considered.

The Planning Commission further recommends the development of safe pedestrian/bicyclist crossings across East End Road [shall be developed] at Paul Banks Elementary School and on the route to Jack Gist Park. In addition, a crossing [shall] should be provided near Rochelle or Sabrina Road to promote safe travel between neighborhoods south of East End Road and the bike trail to the north.

Page I-37 add to the end of section 7.3 the following:

In some instances, benefits to traffic, pedestrians, bicyclists, and/or emergency vehicles will warrant connecting two or more collector streets via a route that functionally transforms a local street into an actual or potential thoroughfare. (The effect of the proposed Heath Street extension on Mountain View Dr. would be an example.) Wherever a proposed connection of this type elicits concerns from potentially affected residents, the city will initiate a "neighborhood-driven design" process to evaluate the proposal. All decisions concerning the proposed connection will be made through this process.

Once concern from affected residents has indicated the need for a "neighborhood-driven design" process, the city will initiate the following steps:

� Contact in writing all residents of affected local streets to explain the proposed connection and the "neighborhood-driven design" process.

� Schedule a meeting between city representative(s) and neighborhood representatives to begin the process of documenting all concerns (on all sides) and brainstorming ways to address these.

� Meet as appropriate to resolve concerns. Solutions may involve eliminating or re-routing the connection, designing the connection using one or more "traffic calming" approaches, one-way streets, or opening the connection only in emergencies (e.g., via locked bollards).

� Throughout the process, document discussions and post this and other useful information on the city's website.

� Notify affected residents in writing of all decisions reached.

Page I-37 Add new section 7.5 to read as follows:

Any upgrade in streets, culverts and bridges (new and old) will be designed to accommodate the 1% flood event. Any upgrades in streets, culverts and bridges will be designed to protect or minimize adverse impacts of flooding or erosion to neighboring properties or resources.

Page I-37 -Amend next to last sentence in section 8.1 to read as follows:

Changing Poopdeck to a roadway, with a separated path, and extension of Heath Street also provides considerable circulation benefits.

Appendix C and D - map titles to be more descriptive.

Attached map illustrated one-way couplet concept as identified in the amendment for page I-32. This will need a title for final printing.

Recommendation:

The Homer Advisory Planning Commission recommends the Homer City Council include the amendments in a revised draft of the Transportation Plan, hold a public hearing, adopt the plan and forward to the Kenai Peninsula Borough for adoption as an update to the Comprehensive Plan.

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

Motion carried.

D. New Liquor License, Alaska Meads LLC, dba, Ring of Fire Meadery - Winery License.

There were no public comments.

ORDINANCE(S)

A. Ordinance 05-14(A), Of the City Council of the City of Homer, Alaska Amending Homer City Code Chapter 3.05, Budget to Add a New Section 3.05.046, General Permanent Fund. Wythe. (First Reading May 24, 2005, Public Hearing on June 13, 2005, Second Reading on June 27, 2005.)

Memorandum 05-115, from Councilmember Stark, Re: Amendment.

WYTHE/YOURKOWSKI - MOVED FOR THE ADOPTION OF ORDINANCE 05-14(A) BY READING OF TITLE.

Councilmember Stark inquired why this has to be postponed rather than just adopting it and adding section four.

City Manager Wrede advised that there needs to be some technical language to incorporate the recommendation of Memorandum 05-115 and to make sure that the ballot proposition language is exactly right.

STARK/McLAY - MOVED TO POSTPONE ADOPTION OF ORDINANCE 05-14(A) FOR SECOND READING TO 25TH OF JULY AND THAT THE STAFF IS ALSO DIRECTED TO PRESENT A SUBSTITUTE ORDINANCE WITH THE MEMORANDUM AMENDMENT.

There was no discussion.

VOTE:(postponement) YES: McLAY, STARK.

NO: WYTHE, YOURKOWSKI, NOVAK.

Motion failed.

Councilmember Yourkowski inquired if, when Valdez and Kodiak adopted their permanent funds, there was a vote of the people.

This was confirmed since both are Home Rule Cities, therefore, this automatically went before the voters.

There was further discussion about placing this on the ballot.

STARK/WYTHE - MOVED TO ADD THE MEMORANDUM 05-115.

There was no discussion.

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

Motion carried.

WYTHE/STARK - MOVE NOW WITH THE MEMORANDUM INCLUDED INTO THE ORDINANCE THAT WE WOULD DEFER THE SECOND READING OF ORDINANCE 05-14(A) AND DIRECT IT TO THE STAFF FOR UPDATING AND CORRECTION TO PUT IT INTO THE PROPER FORMAT FOR PLACEMENT ON THE BALLOT MOVING IT TO THE JULY 25TH MEETING.

Memorandum 05-115 verbiage:

The state's Permanent Fund was adopted by vote of the people, as were most municipal permanent funds. It seems proper for Homer to do the same. This is a big addition to the Code and the citizens should have a chance to take ownership. The following paragraph should be added to the ordinance:

Section 2. This ordinance takes effect following ratification by the voters at the next municipal election October 4,2005.

Renumber Section 2 as 3.

Recommendation: Amend the ordinance accordingly.

There was no discussion.

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

Motion carried.

CITY MANAGER'S REPORT

A. City Manager's Report. (Updates/Followup - Kachemak Land Trust/Forest Legacy Grant, Police Department/Retiree Rehire Program, Hospital Lease, Overhead Power Lines, Sterling Highway, Sterling Highway/Lake Street Intersection, Extra territorial Water Service, HPD Dispatch Services, PWD Pole Barn, heavy equipment shelter, KESA Contract)

1. Deputy City Clerk Travel and Training

City Manager Wrede, in response to Council, stated that he got a clear sense that the Council wanted him to ask DOT for an extension for the comment period on the Intersection Study.

Council agreed to direct the City Manager to pursue signal lights at the Sterling Highway/Lake Street Intersection. Council noted that they already passed a Resolution requesting the signal lights, at least by next May. It was acknowledged that the roundabouts, if this come to fruition, would not be constructed for three or more years.

Councilmember McLay asked that the City Manager provide a cost estimate and legislation for Council's consideration on July 25, 2005 regarding over head power lines. The legislation is to be a code amendment requiring underground with specific regard to the Sterling Highway.

Councilmember Stark asked the City Manager to consider the overhead phone lines, which may be more hazardous, as part of this legislation.

There were no objections by Council to these requests.

B. Bid Report.

ITB: Invitation to Bid, Homer Generator Replacement. Sealed Bids will be received by the Office of the City Clerk, 491 E. Pioneer Avenue, Home, Alaska 99603 until 2:00 p.m. Thursday, July 14,2005 at which time they will be publicly opened and read. Plans and Specifications will be available after June 9, 2005. Mandatory Pre Bid Conference at the Police Department on Thursday, June 30th at 2 p.m.

COMMITTEE REPORT

A. Town Center Development Committee.(Meeting notes from May 19, 26 and June 2, 2005. A meeting was held on 16, 2005. June 23, 2005 meeting was canceled. Open House was held June 9, 2005 4 to 7 p.m. Cowles Council Chambers.

B. Road Standards Committee (Meeting scheduled for Wednesday, July 12th, probably 5:30 p.m.)

C. Public Arts Committee. (Meeting scheduled for Monday, July 11th at 1 p.m.)

D. Conference Center Feasibility Study Steering Committee. (Meeting on June 23, 2005.)

E. Community and Economic Impact Standards Task Force. (Meeting Notes of June 13th, and Meeting held at 3 p.m. on June 27, 2005.)

There Next meeting is Monday, July 25th at 3 pm. in the City Hall Conference Room.

Councilmember and Chair Stark advised that the Task Force had a good discussion and is nearing the end of its work. He voiced his opinion that it has been very helpful to the staff to get the different views, as indicated by the staff. He advised that the next meet is July 25, at 3 p.m in the Conference Room.

Councilmember Yourkowski requested more information noting that the report was skimpy, or maybe some better minutes. He inquired if the staff can do minutes.

Chair Stark stated that the staff is going to work out the problems before this goes to the Commission, a very positive development that will speed the process along and resolve the problems.

PENDING BUSINESS

NEW BUSINESS

A. Memorandum 05-116, from City Clerk, Re: New Liquor License, Winery License for Alaska Meads LLC, dba, Ring of Fire Meadery.

Information from ABC Board received at 7:57 a.m. Monday, June 27, 2005

Recommendation: Voice non objection and approval of the New Liquor License as listed above, conditional upon receipt of notice from the ABC Board of this application(which came today) and upon non objection from the Kenai Peninsula Borough.

WYTHE/McLAY - MOVED FOR THE APPROVAL OF THE RECOMMENDATION OF MEMORANDUM 05-116.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Councilmember Stark voiced his hope that there would be a Chamber of Commerce meeting held at the Ring of Fire Meadery.

RESOLUTIONS

A. Resolution 05-53, Of the City Council Approving the City of Homer 2005 Land Allocation Plan. Mayor and City Council.

Memorandum 05-89 and 05-117, from Parks and Recreation Commission.

Memorandum 05-50, from Port and Harbor Commission.

McLAY/YOURKOWSKI - MOVED FOR THE ADOPTION OF RESOLUTION 05-53 BY READING OF TITLE.

Councilmember Wythe inquired if the purpose of the Land Allocation Plan is to note that the City has all of these pieces of property. She inquired about foreclosure property.

City Manager Wrede stated that this Land Allocation Plan incorporates Council's requested amendments to what was previously approved by the Council.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

COMMENTS OF THE AUDIENCE

Audience comments upon any matter.

Frank Griswold made further comments about the rezone issue, and referred to page 16 of the supplemental packet and noted that there is a statement by City Attorney Tans that says, it is reasonable to suspect that a Court may require a smaller parcel rezone to be supported by a greater or clearer expression of legitimate public purpose then a large parcel. Mr. Griswold emphasized that there was absolutely no expression of legitimate public purpose for this rezone at the Planning Commission meeting on April 20, 2005 and that the minutes only say, "Ty Gates property owner, commented that he had requested this property be rezoned several years ago. Looking into it further he realized that a couple of pieces needed to be excluded from GC1." Mr. Griswold said that he wonders why these needed to be excluded, adding that nothing was said by the applicant or the Planning Commission. He stated that the Supreme Court, in 1996, said it upheld that although a Planning Commission is not required to make specific findings supporting its decision, it must articulate reasons for its decision sufficient to assist the parties preparing for review and to restrain agencies within the bounds of their jurisdiction. He noted that he is not aware of any decision that says property owners have less of an obligation to demonstrate public benefit simply because they are requesting to jump the line into an adjacent district. He asserted that lines have to be drawn somewhere, there must have been some reason to put the lines were they were originally. He queried, what if every property owner along a zoning boundary asked to be moved over? He told the Council there would be a domino effect. He restated that HCC 21.70.010, initiation procedure, was not followed in this case, there was no petition and there needed to be. He voiced his opinion that it would be very appropriate for Council to reconsider tonight's vote and at least give the City Attorney the chance to write an opinion on it.

Ken Castner, resides at 196 Mountview Drive, expressed his desire for more information on the Permanent Fund idea, noting that he spoke to the Council before and that he is real interested in governance, in the purpose of the fund and that these are things that have a lot to do with how people are going to receive the notion about tucking away money. He commented about Fairbanks having a $20 million fund, advising that their Council is about ready to retire their fund due to their PERS obligations. He voiced his opinion that if this is just a savings account for the City Council to spend that it takes four votes to go ahead spend it then it is not very permanent, adding that he would like to explore some other options. He said that he knows that the sponsor had talked about having a super majority and that he thinks that this is all subject to the majority of any City Council. He emphasized, as previously suggested, that Homer start thinking about becoming a Home Rule City, since there are real benefits to being a Home Rule City. He commented on the Traffic Study, explaining to the Council how perplexed he was because DOT did an Intersection Study and not a Traffic Study, which, according to DOT, is why they did not look at couplets. He expressed his disappointment with this study, that he expected to see typical modeling instead it something that was thirty years old. He emphasized the need for nowness.

Mayor Hornaday, Councilmembers Stark and Wythe noted that couplets have been discussed and also commented on the problem with the proposal/explanation on couplets.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans had no comment.

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 that there are a lot of good things going on some of which are that the Homer baseball and softball teams did good jobs in the state tournaments and a number of accomplished citizens that were recognized: Jim Reardon given a doctorate at the University of Alaska, Fairbanks for his good writings. Toni Parlow and Patty Jay were awarded Teachers of Excellence by British Petroleum. He gave specific credit to Representative Paul Seaton and Senator Gary Stevens in securing the one million dollar state appropriation for Homer's new library. He noted that Senator Murkowski is due in Homer on July 8th. He informed the Council that he is going to Washington D.C. the later part of September and asked the Council to consider putting together two or three primary projects for him to work on.

COMMENTS OF THE CITY COUNCIL

Councilmember Yourkowski had no comment.

Councilmember Novak thanked Bill Krueger for the report on the Conference Center Feasibility Study. He commented on the Community and Economic Impact Standards Task Force meeting that was progressive, with recognition that if they do run into negative impacts through analysis of the economic impact studies that this option would be given back to the developer to mitigate based on experiences that they've had, therefore, it is thought to turn out to be a positive experience in the end.

Councilmember Wythe addressed Mr. Castner's concerns about the permanent fund, that as the Ordinance exists it is not fleshed to include all of the investment planning and all of those things and that at this point they are just trying to get the permanent fund into the Ordinance. She noted that the intention of establishing those funds in a permanent fund would be that the earnings from that could be additional revenues into the general fund to help offset some of the taxation costs to, hopefully not have to increase taxes again, if the money can generate a stable source of income to the general fund. The Ordinance maintains that only a majority or four Councilmembers is required to put "it" on a ballot, taking a 60% or better vote of the community voting participants to actually spend that money, therefore, there is a higher than standard precaution to access that fund.

Councilmember Stark had no comment.

Councilmember McLay also commented to Mr. Castner that some of the things that he said made a lot of sense, when talking about the roads and intersections and couplets. He noted that the Bypass terminology is technically supposed to go away, it is the Sterling Highway, however, the concept of the Bypass was that the major traffic to the Spit would miss downtown Homer. This was beneficial to the people who wanted to get to the Spit fast, but was detrimental to the businesses on Pioneer Avenue. Then the Bypass became the new center of town. He queried if there needed to be another Bypass to bypass the Bypass, adding that it would need to be a frontage road with fences on either side so no businesses can be built along side of it. Any time another road is built to take traffic away from a main congested thorough fare, traffic is also being removed from the businesses that are on that road that depend on that busy road and the traffic on it to run their business. He encouraged caution that the City does not end up killing one section of town to develop a new section of town. He noted that if Homer keeps moving south the town is going to be in the Bay and then there will be no worries about too much traffic, which will slow down real fast. He voiced appreciation of all of the comments tonight and appreciation for all the public testimony. He noted that one thing mentioned when talking about the permanent fund was Mr. Stark's comment about fear of having people speak on it. Mr. McLay noted that the Council has been having public hearings on this, which gives the people the right to speak. He noted that this is still going to go the people and that it is the people's fund and that it is for the people, and, he voiced his belief, that if it is beneficial to the people the people will back it. He thanked the Mayor.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 9:00 p.m. Mayor Hornaday thanked everyone who participated. The next Regular Meeting is scheduled for Monday, July 25, 2005 at 7 p.m. The next Committee of the Whole is scheduled for Monday, July 25, 2005 at 4 p.m. All meetings scheduled to be held in the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

_________________________________________

MARY L. CALHOUN, CMC, CITY CLERK

DATE APPROVED: ______________________