Session 04-23, a Regular Meeting of the Homer City Council was called to order at 7:00 p.m. by Mayor Pro Tempore John Fenske at the Homer City Hall Council Chambers located at 491 E Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

Council met as a Committee of the Whole from 4:04.5 p.m. to 4:36 p.m. Re: Regular Meeting agenda Items.

PRESENT: COUNCILMEMBERS: FENSKE, NOVAK, STARK, YOURKOWSKI.

STAFF: CITY MANAGER WREDE

CITY CLERK CALHOUN

ABSENT: MAYOR: CUSHING (announced absence)

COUNCILMEMBER: BECK(excused), LADD (resigned)

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

AGENDA APPROVAL

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

The agenda was approved by consensus of the Council with the following notations: To Canvass Board Report and Resolution 04-88: Substitute Election Certificate for Canvass Board Report. Information for Kiki Abrahamson and Fireweed Academy School presentation regarding Safe Cross walks. and the Addition of Mayor's Proclamation for Red Ribbon Week under Announcements/Presentations/Borough Report/Commission Reports.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public comments upon any matter except the Spit Parking Plan which is under Public Hearings and Visitors.

Frank Griswold, City resident, greeted the Mayor and Council with a good evening and commented on Ordinance 04-48. He stated the following:

• Indoor and Outdoor recreational facilities do not comport with the stated purpose of many of the zoning districts.

• Purpose of the Marine Industrial District, HCC 21.53.010(a) - to provide adequate space for those industrial uses that require direct marine access for their operation and to encourage the most efficient utilization of land. The intention of this district is to promote those marine-dependent industries that are important to Homer's economic base, such as fishing, fish processing, marine transportation, off-shore oil development and tourism; to give priority to those uses, and to minimize conflicts among industrial, commercial and recreational uses.

• Hockey rinks, golf courses, performing arts centers and equestrian arenas are not marine dependent industries and do not require direct marine access for operation.

Introducing these uses would serve to create conflicts with marine industrial uses.

• One of the whereas clauses cites a provision in the Homer Spit Plan.

Manage the land and other resources of the Spit to accommodate its natural processes, while allowing fishing, tourism and other marine related development.

• Obvious place for open space recreational uses is the Open Space Recreational Zoning District, which is still questionable on whether indoor ice skating rinks and indoor equestrian arenas would meet the stated purpose of that district.

• People from all over the world enjoy the Spit. It would be a shame to clutter the Open Space Recreational District with enclosed structures.

• People don't come to Homer to bowl.

• Marine Industrial District is the only zoning district where boat manufacturing and repair is allowed and only as a conditional use.

• What happens after the Spit is inundated by Water World, golf courses, hockey rinks, performing arts centers, equestrian arenas, bowling alleys, go-cart and moto cross tracks, monster truck arenas and amusement parks? Will the City Council then amend the Central Business District to allow boat construction?

• Similar uses are also listed within the Ordinance. Virtually any recreational use would qualify as a similar use, including those deleted by the Planning Commission - bowling alleys and miniature golf.

• Most of the proposed uses do not, necessarily occur within multi use facilities.

• September 1, 2004 Planning Commission meeting minutes show that Commissioners commented on possible amendments to the purpose of zoning districts to allow uses, that this would be a regular meeting agenda item at the next meeting, and on support for allowing more recreational uses in all districts. There was a Commissioner interpretation that recreational facilities are not allowed in the Marine Industrial District and that if this Ordinance does not pass this Commissioner would be reluctant to approve any future change of use. The Commission discussed exempting the Library Project from the Code requirements for parking lot medians and islands and/or amending the Code. The Commission noted that the standards were written with good intentions and there may be some unintended consequences.

• Exempting the Library Project from the requirements for islands and medians is like venturing out into the desert without water, because one has extra sun block.

• Radical Code changes are being proposed so that a hockey rink can be built by the English Bay Corporation for the Homer Hockey Association in the Marine Industrial District, where it does not belong.

• The City is attempting to amend the Code for specific projects. The courts generally considers this practice to be arbitrary, capricious and discriminatory.

• At least in the case of the Library Project an attempt is being made to amend the Code before the sweetheart deal is consummated.

• In this Ordinance the existing Code is ignored.

• Homer News, September 30th issue reports that the Council deemed that community wide needs justify a more flexible approach to zoning regulations. The flexible approach allows those with friends in high places to violate laws wherein others must abide. Nothing can be more unfair or more constitutional.

• It is unfortunate that granting sweetheart deals has become the role of and often primary motivation for those seeking public office.

• The importance of getting a hockey rink and cashing in on the Olympics does not override the importance of upholding the Code and Comprehensive Plan.

• Ordinance 04-48 should be voted down, poor soils or not, the hockey rink should be built in the Central Business District, close to schools, where it belongs.

Mr. Griswold gave the City Clerk a copy of his written comments. He voiced his hope to have had a response to his letter, that is in the Council's packet on page 177, as to whether Ordinance 04-48 meets the legal requirements for rezone or whether it has to meet those requirements.

Council agreed to allow Kiki Abrahamson's students to address the Council under Public Comments.

The students made a short presentation of recommendation regarding City crosswalks. Students signing in were: Madeline Bowen, Hannah LaRue, Hope Hudson, Emily Schneider, Lauren Cashman, Hallie Hudson. The students reported that they have been studying communities and shared their concerns for safe crosswalks. They relayed contacts with Police Officers from Ketchum, Idaho and information on the Ketchum, Idaho "Pedestrian Flag Program". The program and response to the program in Ketchum has been very positive. The students described the process:

There are flags in a holder, tube like bucket(s) on a post, at the crosswalk intersections, each side. The pedestrian picks up a flag before entering the crosswalk and waves the flag to remind motorists that pedestrians have the right of way. When the pedestrian reaches the end of the crosswalk/other side of the street the pedestrian places the flag in that holder.

The students advised that the Ketchum Police Officers check the flag holders first thing in the morning, replace missing flags and adjust the quantities on each side of the street. The Ketchum Police Department advised the students that they purchase the flags 150 at a time from Amerigo at about $2.00 per flag. The students briefly shared an incident with drunks and one with a skateboarder.

Mayor Pro Tempore Fenske advised the listening audience that these young people took it upon themselves to research alternative methods for pedestrian cross walks and have relayed the program used in Ketchum, Idaho. He reiterated the program, agreeing that this would draw more attention to the pedestrian crossing the roadway and that he thinks this a very good idea. He asked if the students had any locations picked out where they think the flag holders and flags should be installed.

The students recommended placement at the Boys and Girls Club, West Homer, the schools, McDonalds, the main areas for pedestrians and especially where the islands are going in on the Sterling Highway (Bypass).

Councilmember Stark interjected, and Poopdeck Street.

Mayor Pro Tempore Fenske voiced his opinion that this is a very clever idea and that whoever came up with the original plan was certainly thinking about pedestrians. He stated that he thinks this can certainly be an alternative plan and noted that the City Manager is making notes.

Kiki Abrahamson advised the Council that the students had inquired of the Ketchum Police Department if they did any training programs to make the people more aware of this method and that the response was that they did not do a thing. Ms. Abrahamson reported that the Ketchum City Welders made the post/holders and that they put up little instructional white signs on how to use crosswalks.

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 September 27, 2004 Special and Regular Meeting. City Clerk. Recommend approval.

B. Ordinance 04-49, Of the City Council of Homer, Alaska Accepting and Appropriating an Alaska Department of Community and Economic Development Community Advocacy, Designated Legislative Grant, 05-DC-052, in the Amount of $130,000.00 for the New Homer Animal Shelter Project and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Finance. Fiscal Note: Revenue and Expenditure Project No and Account: 151-728, $130,000.00.Recommend introduction for first reading and conduct public hearing and second reading on October 25, 2004.

C. Ordinance 04-50, Of the City Council of Homer, Alaska Accepting and Appropriating an Alaska Department of Community and Economic Development, FY 05 Mini Grant Assistance Program Grant in the Amount of $30,000.00, Appropriating the City Match of $11,500.00, and other Miscellaneous Contributions, to Fund a Feasibility Study for a Convention Center and Authorizing the City Manager to Execute the Appropriate Documents. City Manager. Finance. Fiscal Note:Revenue and Expenditure Project No. and Account 151-786 for Grant and Miscellaneous Contributions and City's Match from General Fund, Fund Balance for expenditure amount of $49,340.00. Recommend introduction for first reading and conduct public hearing and second reading on October 25, 2004.

D. Resolution 04-84, Of the City Council of Homer, Alaska Adopting the 2004 City of Homer Local All-Hazard Mitigation Plan. City Manager. Homer Volunteer Fire Department. Recommend adoption.

E. Resolution 04-86, Of the City Council Amending Resolution 04-85, to Set the Public Hearing Date as November 15, 2004 for the East End Road Water and Sewer Local Improvement District. City Clerk. Recommend adoption.

F. Resolution 04-87, Of the City Council of Homer, Alaska, Superseding Resolution 03-74(A) to Approve a Lease, Rather than a Deed, with the Kenai Peninsula Housing Initiative Program for a Complex of Eight Supported Housing Units for Low Income Developmentally Challenged Clients.City Manager. Recommend adoption.

G. Memorandum 04-140, from City Clerk, Re: Travel Authorization for Elected Officials, City Manager and Department Heads to Attend the 2004 Annual Alaska Municipal League Conference and Associated Meetings in Fairbanks the Week of November 7, 2004. Fiscal Note: Mayor and Council: 2004 Budget available as of October 5, 2004: 100.100.5236, Transportation: is $4,112.33 and100.100.5237, Subsistence: $3,263.80. Recommend approval.

NOVAK/YOURKOWSKI - MOVED FOR THE ADOPTION AND/OR APPROVAL OF THE CONSENT AGENDA AS READ.

There was no discussion.

VOTE: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

VISITORS

A. Canvass Board Report, Substitute Election Certificate.

City Clerk Calhoun, on behalf of the City Canvass Board, gave the Election Report. The Clerk read only winners in each race including the two propositions and announced that it was her understanding that Homer had the highest voter turn out for the Municipal Election Day.

City of Homer Regular General Election

October 5, 2004

We, the Election Canvass Board, duly appointed, of the City of Homer, Alaska hereby certify that the validated absentee and validated questioned ballots were opened, counted, and recorded at a legally authorized and convened meeting of the City of Homer Canvass Board, held October 11, 2004 and that the results of that count are hereon entered with the certified results of the votes counted for the precinct polling places via Accu-Vote Ballot Tabulation System and that the total results are recorded hereon.

RACE

35-010 Homer No. 1

35-020 Homer No. 2

ABS/ ?/ SNV

TOTAL VOTES

%

UNDER AGE VOTE Homer No. 1

UNDER AGE VOTE Homer No. 2

Under Age Totals

MAYOR				1674 votes cast
John Fenske	101	109	53	263	15.71	3	1	4
James C. Hornaday	445	393	187	1025	61.23	24	14	38
Julie Cesarini	30	16	12	58	3.5	2	2	4
Dennis Novak	154	123	43	320	19.12	3	1	4
Write - in	4	3	1	8	.05
COUNCIL MEMBER - TWO - 3 year term				2575=1207.5 votes cast
Doug Stark	348	353	162	863	71.47	17	5	22
Bill Smith	308	230	105	643	53.25	20	10	30
Mary E. (Beth) Wythe	453	420	170	1043	86.38	23	14	37
Write - in	8	12	6	26	2.2
COUNCIL MEMBER - ONE - 2 year term				1584 votes cast
Lane Chesley	296	242	113	651	41.10	11	9	20
Val McLay	394	368	161	923	58.27	20	9	29
Write - in	4	5	1	10	.063
PROP 1 Long Term Loan				1695 votes cast
Yes	458	410	198	1066	62.89	29	11	40
No	286	243	100	629	37.11	5	6	11
PROP 2 1/2 % Sales tax increase				1689 votes cast
Yes	305	260	140	705	41.74	6	6	12
No	440	387	157	984	58.26	27	13	40
TOTALS
	752 35.62%	655 32.96%	302	1709	41.7	33	19

We further certify that there were 1407 Regular voters 302 Absentee voters, Special Needs Voters, and Questioned voters for a total of 1709 voters that voted in this election. Percentage of voter turn out is 41.7%. Total registered voters for the City of Homer are 4,098 as of September 5, 2004. (Homer No. 1 2,111; Homer No. 2 1,987.)

IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of October, 2004.

Canvass Board - __Pauline Benson, Margaret Lau, Staff - Jo Johnson Deputy Clerk II, Melissa Jacobsen Deputy Clerk I. Attesnted by Mary L. Calhoun, City Clerk.

B. Kiki Abrahamson's Class Presentation.

Fireweed Academy Presentation Re: Crosswalks (Provided to Council after packet was printed and provided in supplemental packet.)

Placed under Public Comments by request to the Mayor and consensus of the City Council.

ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS

A. Mayor's Proclamation for Red Ribbon Week, October 23-31, 2004.

Mayor Pro Tempore Fenske, after reading the proclamation, distributed red ribbons to the Council, City Manager, News Media and Audience.

PUBLIC HEARING(S)

A. Spit Parking Plan.

Patti Boily, City resident for 27 years, advised that she has had a boat in the harbor for 25 years and asked if this was the final reading for the Spit Parking Plan.

Mayor Pro Tempore Fenske advised that this the introduction to the Council and that it is just the beginning.

Patti Boily stated that she has a problem with this plan as she has had with the whole harbor configuration since she moved here. She voiced her opinion that the City does not take into consideration the residents or those who pay slip fees and that as City residents they should get a break on slip fees. She noted that she was told that it was not possible to give residents a break on slip fees, because of federal monies in the harbor. She asserted that this is City land and the City ought to take into consideration what the City residents pay to maintain that beautiful Spit facility. She informed the Council that as a lease holder at the harbor she pays almost $1,000.00 a year for her 32 foot boat, adding that there are a lot of boats bigger than her boat so there are a lot of people paying a lot more money. She expressed her feeling that those who are already paying to support the harbor ought to get some sort of break, emphasizing that she is not opposed to fee parking. She voiced her personal feeling that when they pay their slip fees and are given a sticker for their boat that they should get two stickers, one for their car and not necessarily mounted so that a family with more than one car could transfer the sticker from car to car to be displayed just like how handicap stickers have to be displayed. She pointed out that there are a lot of users of the Spit that are not paying anything and the City should consider some incentive for the people who are the lease holders down in the harbor itself. She voiced additional feeling that people who have boats in the harbor should be able to walk to their boat instead of parking "way down", interjecting that her husband is handicapped and so she has to drive him to the ramp and then she has to go find a parking place that could be "way, way down", making her have to hike to the ramps. She pointed out that slip holders have cars, need someplace to park those cars and suggested that the whole overslope edge area be reserved for boat owners as restricted parking for slip sticker holders and that it be unlimited parking for slip holders. She told the Council that she does not care what is done with the rest of the Spit. Mrs. Boily apprized the Council that this parking issue is something that has been addressed all up and down both seaboards. She related the example of Cape Cod, where she lived many years ago, that if you were a City resident, determined by where your car was registered, you could go to any of the beaches or harbors and park without paying additional parking fees. She commented that she does not think there is enough handicap parking and that more than two spaces at the top of each ramp are required. She advised that more than 50% of the time when she and her handicapped husband go to the harbor there is no handicap space available. She concluded that she is basically not opposed to the parking plan, but would like consideration given to the residents and thanked the Council.

Ray Kranich, City resident, stated that he has paid for a stall in the harbor for 20 years and would like to reference that a lot of his comments are going to be about the different recommendation areas shown on page 159 of the Council's packet. He inquired as to the main thrust of this, if it is to help eliminate consumer congestion, to generate revenue for the Port and Harbor, or to improve parking lots with paving. He commented that there was some mention during the Committee of the Whole about improving the parking, noting that there is no mention of this in the plan. He echoed the previous speaker's comments regarding exemptions for stall holders, stickers for cars and etc. He emphasized that stall holders are already paying a premium price to use the facility and to charge stall holders another $30.00 for parking is like rubbing salt in the wound. He recalled that a few years back there was a little bit of grumbling with the $49.00 admin fee added to each of the stall holders' footage fee, which goes up each year. He made the following comments regarding the parking plan map/layout:

• Recommendation 3 and 4 - primarily on the highway side of harbor - that there is no place for a skipper or boat owner to park for over two hours.

• Recommendation 2 ,by the Fisherman's Memorial Park - parking is allowed for 12 hours.

• In lot 5, between the Salty Dawg and the Harbor Office, a small area, parking is allowed there all day for $5.00.

• In 3,4 5, 6 and 7, takes in everything virtually up to half way to ramp 4, there is no sticker parking allowed. Even if one wants to pay the tab one still cannot park there. Have to be half way between Morphis' Boardwalk and the Chamber's weigh in scale.

• All the high dollar boat ramps, 1, 2 and 3, are the ones that have to park further away.

• Areas 5 and 7 allow 12 hour parking.

• Area 8, half way between ramps 3 and 4 and up to half way between ramps 4 and 5, parking is allowed for 24 hours and sticker parking is allowed.

• This plan would not relieve congestion. There would be several hundred people; skippers, deckhands and clients; walking back and forth twice each day to their slips and the forced parking on the other end of the harbor.

• If the attempt is to fill the parking lots on the back side or off side of the harbor that has already been done. Since the slips were put in on that side those parking lots in the summer are virtually full with cars and boat trailers, therefore, there really is not a whole lot of space over there.

• The recommendation for parking meters - noted that this area is in the State of Alaska right-of-way. Inquiried if the State is going to go along with the City putting parking in their right-of-way. This should not even be in the plan until that has been determined.

• No mention, other than being discussed, of the area from Happy Face Restaurant to Fish Dock Road. Why has this area not been properly addressed. Part is addressed. Part marked as public parking. Part marked as customer parking.

• Recommendation for area 10 is not going to accommodate everyone looking for "free parking". It does not state the length of time for parking in this area.

• This plan will add to the congestion and not go down very well with the boat owners.

Kevin Hogan, City resident and business owner on the Spit, suggested that one of the main things that needs to be included in the plan is an enforcement plan that would include a budget note. He commented about the signs on the Spit that state NO PARKING ON PAVEMENT, yet there were usually and at least 40 to 70 cars parked on the pavement with no enforcement. He recalled that two days in a row, by the high density commercial development area by Coal Point, pedestrians just crossed the road in front of oncoming traffic, one time pedestrians were pushing a baby carriage. He advised that in one instance he had no choice but to steer into on coming traffic to avoid hitting the pedestrians. He encouraged and asked for enforcement of parking in the right-of-way as a safety issue, to provide room for the vehicular traffic, adding that this area has become a pedestrian mall. He voiced his opinion that safety is the City's responsibility. He advised that the NO PARKING ON PAVEMENT signs have been removed further down the street. He suggested that if there had been enforcement on the Spit parking the City would have made a fortune in fines/revenues. He emphasized that his main concern is one of safety. He expressed his thought there are revenues to be realized on the Spit, not everyone should be parking for free, there are a number of businesses that have developed without providing adequate parking some of which are leased lots. He concluded by exhorting the Council to consider safety first and enforcement second and thanked the Council.

ORDINANCE(S)

A. Ordinance 04-48, Of the City Council of Homer Alaska, Amending Homer City Code Chapters 21.44, Rural Residential District, 21.45 Urban Residential District, 21.48 Central Business District, 21.49 General Commercial 1 District, 21.50 General Commercial 2 District, 21.52 Marine Commercial District, 21.53 Marine Industrial District, and 21.54 Open Space - Recreational District, Adding Uses Under Conditional Uses, To Provide for Indoor and Outdoor Recreational Facilities. Novak.(First Reading September 13, 2004, Public Hearing September 27, 2004, Second Reading on October 11, 2004.)

NOVAK/YOURKOWSKI - MOVED FOR THE ADOPTION OF ORDINANCE 04-48.

Councilmember Novak elucidated the reason for the Ordinance; that it is basically to provide in the City Code for the current indoor and outdoor recreational facilities and to provide for additional facilities in the existing parks, such as at Karen Hornaday Hillside Park. He stated that the Council is interested in the highest and best use of property on the Spit. He commented about diffences in private property and public property. He emphasized that in the Marine Industrial and Commercial Districts these are conditional uses and not outrightly permitted uses. He noted that the Comprehensive Plan Update does encourage development of non polluting industries and the Spit Plan states that the City would manage the resources of the Spit to accommodate open space recreational uses along with other things such fishing, tourism and marine. Mr. Novak emphasized that recreation is a major engine of the Spit and source of revenue from May to September.

NOVAK/YOURKOWSKI - MOVED TO AMEND CHAPTERS 21.52 AND 21.53 TO DELETE GOLF COURSES, (BOTH MINIATURE AND OTHERWISE). (To strike out "golf courses" in 21.52.030(m) and 21.53.030(n)).

There was no further discussion.

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

Motion carried.

Councilmember Stark commented that some have alluded to this being spot zoning, which it certainly is not in that it includes a large segment of the City and a large number of zones. He reiterated Councilmember Novak's comment regarding conditional uses, therefore, additional attention will be paid to any proposals to implement these uses and that protects the public safety and welfare.

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

Motion carried.

CITY MANAGER'S REPORT

A. City Manager's Report

The City Manager reported on the STIP (State Transportation Improvement Program). He advised that comments were due on the State Transportation Improvement Program (STIP) last Friday generally, on some of the new requirements for local matches, some of the new scoring criteria, Homer's specific projects already nominated and a chance to nominate some new projects. He advised that a copy of the letter that was submitted will be placed in the Council's boxes this week. He requested a discussion at the next meeting or next Committee of the Whole regarding some of the comments, believing that Homer has some choices to make. He noted that the State is now requiring that City's put up the local match that the State used to provide for the Federal dollars for local roads such as collectors and smaller community roads. Mr. Wrede informed the Council that Homer has a few of those such as Bunnell Street and Ohlson Lane Rehab, Ocean Dock Road, and Mission Avenue. He suggested that the Council have a serious discussion about whether or not the City is willing to put up the match for some of those projects and whether or not the City is willing to assume ownership and maintenance once the State brings the roads up to City standard, much like what the State is doing with Bartlett and Hohe. He emphasized that if the City does those things the City projects will score higher and that it will be more likely that these projects will get done. He reminded the Council that one of the highest priority projects is completing the Spit Pathway, which fell off of the STIP last year since the TRAAK Funding was cut, drastically. He voiced his opinion that the City can get the Spit Pathway project back if the City is able to put up money higher than the required 10% match and advised the Council that there may, also, be an opportunity to trade some projects. He offered to provide some examples of project trades for the Council next week, such as willingness to take over maintenance and operation of a few more local streets that DOT is now maintaining. He reported nominating one new project, one of which the Council has discussed, the Sterling Highway, the Bypass section that is no longer a bypass, as a boulevard. He noted that the Sterling Highway is now one of the main business streets in town with three banks, gas stations, restaurants, and hotels. He suggested that as a STIP project this would involve landscaping, medians, better pedestrian amenities, and traffic calming that would fit in with the transportation study.

B. Bid report. (BID: Surplus City Equipment: Sealed bids will be received on surplus City equipment until 2:00 p.m. Friday, October 22, 2004 at City Clerk's Office. Sealed bids must be on the proper bid form provided by the City, one item per form. A complete equipment list and bid forms may be picked up at City Clerk's Office.

C. Report regarding Revisions to Ordinance 04-11(A) pursuant to Section 9 of Ordinance 04-38(A).

In response to the Council the City Manager stated that the plans for the Sterling Highway from DOT received back in the spring showed raised pedestrian medians at four or five locations - Pioneer, Main Street, Poopdeck across from Island and Oceans Visitor Center, Lake Street. These would, of course as part of this Sterling Highway Project, include painted cross walks with signage and would allow for pedestrians to cross to the islands and then cross the next lane. City Manager Wrede advised that the islands are going to be built in such a way so that they can be removed if in the wrong location or the traffic study indicates that these should be somewhere else, adding that DOT just put the cross walks in because of the City Council's request.

Councilmember Stark commented that the Council had suggested the islands as well and that one of his big concerns had been the area between Poopdeck and the driveway to the Islands and Oceans Visitor Center, because there is a conflict in the center lane for vehicular traffic turning left into Island and Oceans, the gas station, and onto Poopdeck Street. He expressed his opinion that DOT's solution is better than it was, but not perfect. He advised that the information that he has is that the State will complete their traffic study within the next two month and will have meetings in Homer to get the reaction of the citizens of Homer, and that they will proceed and consider both signals and round abouts.

COMMITTEE REPORT

A. Town Center Development Committee Meeting held September 30, 2004. Next meeting scheduled for October 28th.

Councilmember and Committee member Novak believed the meeting had been rescheduled to October 21st. (See City Clerk's Comments).

B. Road Standards Committee. Next meeting is scheduled for Tuesday, October 26, 2004 6:30 p.m. in the City Hall Council Chambers.

PENDING BUSINESS

NEW BUSINESS

RESOLUTIONS

A. Resolution 04-88, Of the City Council of the City of Homer, Alaska Certifying the Results of the City of Homer Regular General Municipal Election Held October 5, 2004 to Elect a Mayor, Three Councilmembers and to Decide two Propositions. City Clerk.

Substitute Election Certificate provided in supplemental packet. See under VISITORS canvass board report.

YOURKOWSKI/NOVAK - MOVED FOR THE ADOPTION OF RESOLUTION 04-88 BY READING OF TITLE.

Councilmember Yourkowski congratulated the new Mayor and Councilmembers on a good campaign and noted that the people really came out to vote, which was fantastic to see. He voiced his pleasure at seeing the Library Proposition pass and voiced concern regarding the sales tax increase not passing, wondering how much that is going to impact next year's budget. He acknowledged the possibility that the Council is going to have to be looking at some budget cuts, some number crunching and budget cuts across the board.

Mayor Pro Tempore Fenske commended the Clerk's Office for the marvelous job that they did on the election, providing precincts for Homer No. 1 and 2 and that he was told the precincts were extremely busy. He reported coming by the Clerk's Office shortly after the election and that it looked like a finely oiled machine at work. He stated that he is very thrilled with the Clerk's Office, and commented on Homer have the best turn out of any other City in the State, which is a credit, as well, on the elections being well run.

Councilmember Stark reported that he had warned the Clerk a couple of weeks ahead of time that there was going to be a big turnout adding that she was thrilled. He congratulated the Clerk on having the voting available for the Seniors where Precinct No. 2 Election is normally held. He voiced disagreement that the budget is going to be problem, that he thinks it will go very well and that the Council will do the citizens of Homer proud with the actions taken to have a balanced budget.

Councilmember Novak added appreciation to the people for getting out and voting and that if one does not vote they cannot be involved. He noted that voting is one opportunity for people to have their say and the more people that want to get involved, the better and encouraged people to keep getting involved.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

COMMENTS OF THE AUDIENCE

Audience comments upon any matter.

Frank Griswold stated that he thinks it irresponsible of this Council not to get an Attorney Opinion on whether or not Ordinance 04-48 met the requirements for a rezone or if indeed it was a rezone, adding that all that was needed was a yes or no. He commented that it is interesting that the City Attorney's desk has been vacated and that it seems like the Council does not even want him here. He noted that this Council spends an awful lot of time circumventing the City Code, noting that one can always find a few select phrases in the Comprehensive Plan to support whatever special interest is wanted to be accommodated and that making such strained interpretations of the Comprehensive Plan and Zoning Code are not in the public interest. He told the Council that the fact that many zones were included does not preclude a finding of spot zoning, interjecting that the Council is getting good at that. He asserted that the fact that this affects private property is irrelevant, since private property is still zoned according to the City zoning and land use plan. He voiced his opinion that the fact that these uses are allowed as conditional uses is irrelevant and does not matter if these are permitted or conditional uses. He noted that conditional uses allows the City to deal with applications on a case by case basis, which is heard a lot and is, in his opinion, a sign of arbitrary decision making. He commented that it would be ironic if, ultimately, the conditional use permit application for the Hockey Rink in the Marine Industrial Zone were to fail, because of being inconsistent with the purpose of the district, adding that he does not see how anyone could find differently.

Patti Boily inquired if pedestrians have the right-of-way in Homer, if when a pedestrian enters a cross walk are vehicles supposed to stop, or is it just take a chance crossing the street? She advised about the pedestrian right-of-way laws being enforced on the east coast and that jay walking is also enforced. She voiced her opinion that the only reason more people in Homer don't get whacked is due to creative crossing. She expressed concern about the speed limit of the Bypass and the amount of kids crossing streets. She asked for the City to consider imposing some rules and regulations on all Homer's free spirits and maybe make it required to use cross walks and to make it known to residents and visitors that pedestrians have the right-of way. She commented that the islands are a great idea, but the islands do not slow traffic. She inquired who now is going to be the City Council, what Councilmembers are leaving.

Mayor Pro Tempore Fenske advised that he and Councilmember Ladd will not be here.

Patti Boily told Mr. Fenske that he had done well and thanked him for serving so long.

Ray Kranich commented that, especially in the summer time, our local police really need to enforce the speed limit in existence on the Bypass, that people tend to go through there a little fast, that Council had taken action recommending lowering that speed limit and that the speeders need to be leaned on, just like in the school zones. He suggested that the City Manager have Public Works Director Carey Meyer check to see if there are going to be any kind of curb cuts in the islands to facilitate wheel chair accessibility for the crossing areas.

Kevin Hogan congratulated the winners of the election and thanked Mayor Pro Tempore Fenske for his years of service. He told Mr. Fenske that he hoped he did not take exception to the times he chewed him out, knowing that being a Councilmember is a thankless job. He noted that Mr. Fenske gave the City many years and thanked him. Mr. Hogan stated that he still thinks and would like to see the Council vote themselves in at least a minimum wage salary as compensation for their sacrifices. He noted that he has been a business owner on the Spit since 1997 and has operated other businesses on the same parcel since 1994. He advised that he got a piece of paper from one of his neighbors out on the Spit about the third week of September and it was a notification of a replat hearing for September 1st for the parcel that he occupies. He stated that he never saw or heard anything about it, no one informed the tenants that this was coming down the line. He noted that he has occupied that piece of property since 1998, that right now he has a short term lease, has had a long term presence in the City of Homer and urged the Council to contact the Finance Director and inquire about the level of revenues that they contribute to the City, adding that he thinks the Council will be amazed. He expressed exception that it seems they have been systematically excluded from being informed about what is going on with their own parcel. He stated that during the summer all the other tenants on the property were approached by a developer, who is also on the Planning Commission, regarding interest in taking over that parcel, which, to his knowledge, had not be RFP'd (Request for Proposals). He voiced concern that the last time the City did an RFP it was specifically tailored for someone who was bidding on it, the replat of Lot of 12A and 12B and everyone testified against it except the person who ended up being awarded the RFP. He objected to a repeat of an RFP being pretailored to someone's specific needs. He stated that they would have liked to have had some input on replatting of the lots they are located on since they have a better familiarity of what needs to be done. He shared his hope that this was not a conscious omission on the part of administration and that he really does not want to believe that and that maybe he is just developing old age paranoia. He stated that he does not want to see tailoring RFPS and replats with predetermined outcomes. He reported that they have been looking for a parcel out there for a long time, that he has pulled his check book out and offered to pay years ago and that the City just has not been able to figure out what it wants to do. He pointed out that commerce has a different life time line than the City does and he had come to the conclusion that he will be ready to retire by the time the City gets it together, hoping that this is not the case. He emphasized that they would like to have a long term agreement and be able to grow their business with some sense of security. He expressed disgust with the way their business has been dealt with, especially considering the revenues generated for the City. He voiced a hope that the Council would take these comments seriously, that he kind of feels like all the input previously given has been roundly ignored and whereas he has seen the Council and previous administrations jump through the hoops for other people with limited stakes. He asked the Council to realize what they do contribute to this community, that they employ upwards to 60 people and contribute to City revenues a lot more than to his. He thanked the Council.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans was not present.

COMMENTS OF THE CITY CLERK

City Clerk Calhoun advised that the red ribbons were Mayor Pro Tempore Fenske's ideas and that the Town Center Development Committee is scheduled to meet on October 21st, from 5 to 8 p.m., at the Homer Chamber of Commerce building.

COMMENTS OF THE CITY MANAGER

City Manager Wrede was asked by Mayor Pro Tempore Fenske to report on the City Attorney's opinion regarding Ordinance 04-48. Mr. Wrede advised that the City Attorney's response to Mr. Griswold's two letters regarding Ordinance 04-48 was that this did not constitute spot zoning, that the earlier letter was not really related to this situation and that he felt confident that passage of the Ordinance is proper. He thanked the Council for their comments about the City Clerk's Office and that he really appreciates this, knows that the Clerk does, adding that the Clerk's Offices does a wonderful job and is probably one of the most under appreciated offices in City Hall. City Manager Wrede responded to comments and concerns:

He will definitely suggest and ask the Public Works Director to make sure that the curb cuts are being done on the islands for wheel chair accessibility, interjecting that he believes this is part of a federal requirement when using federal dollars.

He reported that pedestrians do have the right of way by state law, that cars are supposed to slow down when people are in the cross walks. He will talk to the Chief of Police regarding jay walking citations.

The RFP for leasing areas on the Spit will not be tailored to any specific person or group that will be or may be interested. Advertising will be done as discussed by the City and Port and Harbor Commission, to advertise for uses that need to be adjacent to the Fish Dock. He acknowledged the reputation that exists and that the City is working hard to get away from that reputation.

Regarding the comments about the replat and tenants not being informed, he noted that this was discussed in meetings held with the lease holders regarding the recommendation that the replat be done. The City Code was followed on notification, that the notice goes to the land owners. This process has been discussed with regard to tenants. It is believed that when the Code was written it was assumed that the land owners had the responsibility to notify tenants.

COMMENTS OF THE MAYOR PRO TEMPORE

Mayor Pro Tempore Fenske commented on the City land leases on the Spit and voiced appreciation for the head way made in that process, although not perfect, voiced confidence that as time goes along this will become much more functional and meet the needs of both the City and the lease holder. He personally congratulated the winners of the election, for their energy in seeking their seat, noting that this is nothing like the energy it requires to fill the seat. He sincerely wished the newly elected officials the best, that he fully believes, from the bottom of his heart, that they will do the best they can for this community. He encouraged the Newly Elected Officials, as they examine the issues, to know that there is never a one sided issue, even if it is the location of sidewalks and parking or whether or not to pay the bills. He emphasized that as they make these decisions they will find themselves doing a lot of soul searching, adding that he wishes them all the best. He encouraged and exhorted the Newly Elected Officials to attend the AML Conference in Fairbanks, that this is a wonderful format to learn about the legislative process as well as about local government and about how it works, and how to make it work better in one's community. He recommended that they take advantage of this training, to learn how to best interact and fill their positions. He advised that AML has programs wherein they do training in communities with the various legislative and advisory groups. He suggested that the Council take advantage of this type of training this spring with Midge Clouse ⁽¹⁾ or someone of the same ilk.

COMMENTS OF THE CITY COUNCIL

Councilmember Novak congratulated Mayor Pro Tempore Fenske on this opportunity to take Monday night off, that maybe there will be good football game on or something he might enjoy doing for a change of pace. He thanked Mr. Fenske for his service and that he has enjoyed working with him, adding that Mr. Fenske is a very capable and competent person and that he looks forward to seeing him again at some point in the future.

Councilmember Stark stated that the City Manager covered most of the comments that he was going to make and that he did it in a very good fashion. He addressed a couple of comments referring to a coalition of the candidates, which caught him by surprise in that he supported the people he felt would do an outstanding job serving the citizens and that there were no commitments to support anything or to oppose anything on the Council. He advise that none of the other candidates contributed any money to his effort to help get him and them elected. He shared his excitement that the Newly Elected Officials will do a wonderful job and that they range across the spectrum, some more conservative than he and others less conservative. He voiced his opinion that this is going to be a wonderful Council.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 8:35 p.m. The next Regular Meeting is scheduled for Monday, October 25, 2004 at 7 p.m. The next Committee of the Whole meeting is scheduled for Monday, October 25, 2004 at 4 p.m. and includes a Budget Worksession. Special Meeting scheduled for Monday, October 18, 2004 at 7 p.m. to administer the Oath of Office to the newly elected Mayor and Councilmembers. All meetings scheduled to be held in the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

_____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Approved: _______________

City Clerk's Office, clerk@ci.homer.ak.us, 235-3130.

1. Midge Clouse is a Local Government Specialist with the Alaska Department of Community and Economic Development.