CITY OF HOMER City Clerk

HOMER, ALASKA

RESOLUTION 04-37

A RESOLUTION OF THE CITY COUNCIL SETTING A SPECIAL ELECTION DATE OF TUESDAY, JUNE 15, 2004 TO CONDUCT AN INITIATIVE ELECTION, TO ANSWER THE QUESTION - SHALL THE HOMER ZONING CODE BE AMENDED BY THE ADOPTION OF INITIATIVE ORDINANCE 04-18 TO LIMIT THE FOOTPRINT SIZE OF BUILDINGS THE MAIN USE OF WHICH IS RETAIL OR WHOLESALE BUSINESS TO 66,000 (SIXTY SIX THOUSAND) SQUARE FEET IN THE CENTRAL BUSINESS, GENERAL COMMERCIAL 1 AND GENERAL COMMERCIAL 2 DISTRICTS? (YES OR NO)."

WHEREAS, An initiative petition was filed with the City Clerk on March 25, 2004 and has been certified as of April 5, 2004; and

WHEREAS, Alaska Statute 29.26.170(b) states that if the governing body adopts substantially the same measure, the petition is void and the matter initiated may not be placed before the voters; and

WHEREAS, If the Council does not adopt Ordinance 04-17 a special election must be held, pursuant to Alaska Statute 29.26.170 no sooner than 45 days or later than 75 days; and

WHEREAS, To meet the required time line a Special Election must be held between May 20 and June 19 on a Tuesday, pursuant to Homer City Code 4.01.040; and

WHEREAS, The primary sponsor of the petition has been contacted regarding the election date; and

WHEREAS, To best meet all the deadlines, processes and procedures associated with a Special Election, in particular preclearance and public notice, Tuesday, June 15, 2004 has been selected; and

WHEREAS, The City Attorney has reviewed the ballot question and his advice has been implemented.

NOW, THEREFORE, BE IT RESOLVED by the City Council that a Special Election shall be held on Tuesday, June 15, 2004 to conduct an Initiative Election to answer the following question:

"Shall the Homer Zoning Code be amended by the adoption of Initiative Ordinance 04-18 to limit the footprint size of buildings the main use of which is retail or wholesale business to 66,000 (sixty six thousand) square feet in the Central Business, General Commercial 1 and General Commercial 2 Districts? (YES or NO)."

PASSED AND ADOPTED this 12th day of April, 2004 by the Homer City Council.

CITY OF HOMER

_______________________

JACK CUSHING, MAYOR

ATTEST:

_________________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Fiscal Note: Special Election estimated cost $1,500 to $2,000.