Session 03-05, a Regular Meeting of the Homer City Council was called to order at 7:31 p.m. by Mayor Jack Cushing at
the Homer City Hall Council Chambers located at 491 E Pioneer Avenue, Homer, Alaska, and opened with the Pledge of
Allegiance.
The Council's Committee of the Whole met from 4:03 p.m. to 5:59 p.m. Joint Session with the Kachemak City Council,
Kenai Peninsula Borough House Numbering and 911 personnel - Katy Crane and Bill Holloway and Homer City Planner
Tucker and Planning Administrative Assistant Guyton; Resolution 03-06, Of the City Council of the City of Homer,
Alaska, Requesting that State of Alaska DOT & PF Install Traffic Signals at the Intersection of the Sterling Highway and
Lake Street; and the Regular Meeting Agenda items.
PRESENT: COUNCILMEMBERS: BECK, FENSKE, KRANICH, LADD, STARK.
STAFF: CITY MANAGER WREDE
CITY CLERK CALHOUN
CHIEF OF POLICE ROBL
PUBLIC WORKS DIRECTOR MEYER
ABSENT: COUNCILMEMBER: YOURKOWSKI (excused)
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 changes: . Addition of Certificate of
Recognition for Hannah Rose Bradley to be done prior to Public Comments with Council's concurrence. Written public
comments regarding Zoning matters received today. Ordinance 03-16(S) was substituted on the Consent Agenda and
Resolution 03-31 (S) was placed with Resolution 03-31 under Resolutions.
Mayor Cushing presented Hannah Rose Bradley a Mayoral Certificate of Recognition that states: Hannah Rose Bradley is hereby commended by the City of Homer for successfully representing the City and Community of Homer, her fellow students and her family as the 2003 Alaska State Spelling Bee Champion. Hannah won the West Homer Elementary School Spelling Championship 2001 as a sixth grade student, demonstrates outstanding academic performance at Homer Middle School, won the 2002 Homer Middle School Spelling Championship and represented Homer at the Alaska State Spelling Bee Championship that concluded Friday, February 21, 2003 wherein she was one of five finalist out of 172 spellers in the preliminary rounds and victoriously won the final round by correctly spelling the word "nasopharynx."
Ms. Bradley received a round of applause as she was photographed by the news media and Councilmember Ladd.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Abigail Fuller commented on agenda item 13.A., the Executive Session, and the part that has to do with her offer to settle the lawsuit regarding access to public records, clarifying that this is not the memos. She relayed the following points to the Council:
That this comes from her request a year and half ago to review some annexation files that had been placed in storage.
Mr. Drathman had concern that there might be something in there that he did not want her to see, therefore, he reviewed the files and charged her a fee of $354.00 for his time spent in going through those files.
She objected to the fee of $354.00.
While that was going on, she submitted another request to see some other files, that request was denied due to her objection to the fee.
She noted that she tried to appeal all of this to the Council, but Council's Attorney, she believes at Mr. Drathman's
instruction, wrote a memo advising the Council not to hear the appeal and that if she wanted to contest this she would have
to go to court, which she did. Ms. Fuller noted that now there is a new City Manager, whom she has heard many great
things about, and voiced her hope that this means that the City is going to change the way it does business and possibly be
the City that works instead of the City that works in secret. She advised that she has made this settlement offer so that the
Council can demonstrate that they have changed in how they do things, demonstrate a commitment to open government
and possibly even cut their losses on this. However, she added, if the Council wants to fight this out, that is alright and it is
their choice. She stated that she would be available to answer questions.
Frank Griswold addressed Ordinance 03-15, rezoning spit property from Marine Industrial to Marine Commercial and read a statement into the record that is included in the packet in entirety:
Packet page 71, Planning Staff comment: Tourism is the driving factor that determines the outcome of the majority of businesses located on the Spit. If the Planning Commission grated the applicant's request for a zoning change, the new zoning designation for the properties in question could potentially provide for an economic return that could be of benefit to the property owners as well as the City of Homer.
Packet page 75, The applicants feel they can maximize the investment if they may apply the highest and best commercial use of the land.
No public welfare reasons justifying this proposed rezone have been articulated. The Comprehensive Plan does not support rezoning properties to enable their owners to apply the highest and best commercial use of the land so they can maximize their investment. Fiscal zoning, per se, has been ruled to be irrelevant to the statutory purposes of zoning. (See April 3, 1998 letter from City Attorney Gordon Tans to Mayor and Council pages 4-6 .)
Legitimate reasons for rezoning area articulated in HCC 21.28.02; they include regulating and limiting the density of population; conserving and stabilizing the value of properties, providing adequate open spaces for light and air; preventing undo concentration of populations, lessening congestion on streets and highways; and promoting health, safety and general welfare. The proposed rezone could cause undue concentration of populations, create traffic congestion, and threaten health, safety and general welfare. Applicants should have been required to reveal specifically how they intended to develop the properties if they were rezoned Marine Commercial so that potential deleterious effects could be considered. Health and safety issues relating to commercial development within a surf zone should have been addressed by the Planning Commission. Tsunami hazards should also have been taken into consideration. These public safety issues may be why the City of Homer property adjacent to the subject property is zoned Open Space Recreation.
Packet page 76, the applicants claim this is not "spot zoning" because that would only apply if it involved a single piece of property. The applicants are mistaken. No legal authority was cited to support their claim. The Planning Department should have sought a legal opinion from the City Attorney regarding the issue of spot zoning before making any recommendation to the Council. The Council should do so now; there is no point in sending an illegal rezone on to second reading.
The Alaska Supreme Court has ruled that while not al small-parcel zoning is illegal, spot zoning per se is illegal. It stated: "Spot zoning is simply the legal term of art for a zoning decision which affects a small parcel of land and which is found to be an arbitrary exercise of legislative power." (Griswold v. City of Homer. Mr. Griswold did not read the citations) One zoning authority quoted by the Alaska Supreme Court, Edward H. Ziegler Jr., cited in Rathkoph's The Law of Zoning and Planning, states that the courts invariably consider the relative size of the parcel. He also states that the reclassification of more than one parcel does not negate the possibility of finding spot zoning. The Alaska Supreme Court noted in Griswold v. City of Homer, that courts have invalidated rezone amendments after finding that multi parcel reclassification was a subterfuge to obscure the actual purpose of special treatment for a particular landowner. They cited a Massachusetts case where it was ruled that the rezone amendment was no less spot zoning by the inclusion of six additional lots than it would be without them where proponents of a zoning change apparently anticipated a charge of spot zoning and enlarged the area to include three lots on either side of the lot in question. It should be noted that in this case the real estate transaction between Ray Steiner and the Sorensons only involves the center lot. That's on page 67 of the packet.
It is inherently difficult to relate a reclassification of a small parcel of land to the goals of a Comprehensive Plan which is designed to control development for the benefit of the whole community. This rezone involves only 3.078 acres. Zoning authority Robert M. Anderson in American Law of Zoning, notes that reclassifications of parcels under three acres are nearly always found invalid, while reclassifications of parcels over 13 acres are nearly always found valid. The Alaska Supreme Court has ruled that a parcel cannot be too large per se to preclude a finding of spot zoning, nor can it be so small that it mandates a finding of spot zoning. It considers the relative size of the parcel and their relationship of the rezone to the goals of the Comprehensive Plan.
The criteria of the American Planning Association, listed on page 72 of the packet, indicate this is a spot zone. Individuals are seeking to have their property rezoned for their private use, the land involved is small, it's only three acres. The ownership is limited, there are only two property owners - Ray Steiner and Dan Young, and the application shows no evidence of or interest in, consideration for the general welfare of the public. Even if it were legal, arbitrary rezoning of small parcels so that private interests can make a buck is poor planning. Rezoning these properties should not be considered unless all other similarly situated property owners, including the City of Homer, are included in the rezone, and then only if the primary purpose is to further a goal substantially related to the health, safety or general welfare of the entire community. (1)
Mr. Griswold commented on one other item, the Bridge Creek Water Protection Regulations, page 234 of the packet,
noting that he sent the Council a letter for the public hearing and that everything that he needs to say is in that letter. He
advised the Council that he gave a couple of suggestions to clear up the misconception that the non conforming uses were
illegal uses, as the ordinance seems to imply. He commented on the apparent inconsistency that he found where it said that
the properties in the Bridge Creek Watershed Area are not allowed to expand their non conforming uses and that the
regulations in 21.64 would apply. He pointed out that under the existing code non conforming uses are allowed to expand.
He encouraged the Council to make these clarifications. He also commented on Resolution 03-27(S), Town Center
proposal. Mr. Griswold voiced his appreciation for those hardworking and well intended individuals involved in the Town
Square Project, however, believes that this project needs definition. He voiced his thought that this project is getting
expanded beyond the point of being effective, that he is surprised and very confused about what the plan entails. He stated
that he was more confused when reading the Homer Tribune article last week that quoted Councilwoman Beck as saying,
according to Mr. Griswold, "Right now we have Pioneer Avenue, which is a wonderful business district, but it is isolated
all by itself and I think there is a way we can ultimately connect the whole center of town that is defined by Pioneer, Lake
Street and the Sterling Highway." Mr. Griswold, having maps with him, shared the result of comparing the map in the
Homer Tribune article to a map he had seen a while back depicting the Central Business District (CBD). He commented
about not being aware that Pioneer Avenue was in a district all its own and that he thought it was in the CBD. He voiced his
opinion that this is a collision of jurisdictions and that the Planning Department and City Council can deal with zoning in
the CBD and creating this sub zone would be very confusing. He urged the Town Square Committee to concentrate their
efforts on the Town Square, the square that is in the center of the CBD between the Poopdeck acquisition and Main Street.
He further urged the Committee, instead of trying to all things for all people, to concentrate on one smaller area and do it
right. He voiced his thought that whatever the Committee comes up with for the Town Square would nicely fit in with the
provisions that are already in the Comprehensive Plan and the Zoning Plan that relate to the CBD.
Ron Keffer voiced appreciation for the Council taking the time to hear what he has to say and commented on Resolution 03-30, education funding. He gave the Council a quick run down on some of the things that are happening in education in the Kenai Peninsula Borough School District.
55 teachers cut for next year to try to get the budget back in balance
Still a $2.9 million budget shortage
There are additional cuts coming or there must be some sort of financing from the State Legislature
Homer High School - loses three staff members: Spanish Teacher, Library and a P.E. Teacher
He noted that there are all sorts of domino effects that come from losing staff members, for example:
Elective classes are required to fulfill graduation requirements.
Those who remain have to fill in some of the gaps.
The Counselors will no longer be full time Counselors, both will have to be in the class rooms next year.
The Athletic Director will also be teaching a couple of periods in order to help fill those gaps.
Some art instruction will be lost.
He advised that one of the things they have been able to do over the last few years is to conduct activities at the school that
have involved the entire community such as the small school wrestling tournament, which brought in over 200 participants
and their families and the like to Homer, with an estimate that they spent about $50,000.00. He noted that these types of
things will be very difficult to do due to man power concerns. He emphasized that they are in dire straights, this is going to
affect the school's programs. He pointed out that Homer High School, unlike some of the other schools in the district, is not
losing population and is increasing in the number of students, which is a double whammy. He voiced appreciation of this
Resolution to encourage the state to take some steps to help, adding that there are two areas in which they can do that; 1)
improve the funding formula so that the district gets more per child and 2) correct the imbalance in the area for cost
differential. Mr. Keffer explained the cost differential in this School District is higher with students across the water and
that it costs more to educate those in the Russian Schools. He stated that this has not been taken into account.
John Kosch, representing the Sorensens, commented on Ordinance 03-15, the rezone effort on the Spit. He apprized the
Council that at this point there are two owners involved, two lots owned by one person and one owned by another. He
advised that the Sorensens have an offer on one piece that is subject to the rezone and that they and Mr. Young are in favor
of the rezone. He noted that the district is currently Marine Industrial and that they are requesting it to be rezoned Marine
Commercial, which is felt to have a little less impact especially on the west side of the Spit. He reported that the Real
Estate community has had more request for Marine Commercial, and that therein lies the feeling that this may be the
highest and best use. He commented that he does not know the legal ramifications for this rezone, but that most certainly
there would be three owners and that most certainly the impact of Marine Commercial versus Marine Industrial is usually
less. He noted that at this point he cannot tell the Council exactly what the people that would be buying the center lot are
going to do, but that it will be within the Marine Commercial Zone and its laws.
RECONSIDERATION
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 February 10, 2003 Regular Meeting. Recommend approval.
B. Ordinance 03-14, Of the City Council of Homer, Alaska Accepting and Appropriating a Grant of $13,500.00 Funded by the Federal Sport Fish Restoration Act and Matching Funds from the ADFG and ADNR for an ADA Accessible Fish Cleaning Improvement at the Fishin' Hole and Authorizing the City Manager to Execute the Appropriate Documents. Port/Harbor. Finance. Clerk. Fiscal Note: Revenue and Expenditure Acct. 151-734. Recommend introduction and public hearing and second reading for March 10, 2003.
Memorandum 03-22, from Finance as backup.
C. Ordinance 03-15, Of the City Council of the City of Homer, Alaska, Amending the Homer City Zoning Map to Rezone
Portions of the Marine Industrial District (MI) to Marine Commercial District (MC). Planning. Recommend introduction
and public hearing and second reading for March 10, 2003.
Placed under Ordinances as Item E.
D. Ordinance 03-16(S), Of the City Council of Homer, Alaska, Authorizing the City Manager to use up to 60,000.00 from
the Planning Reserve Fund, for Aerial Mapping Services. City Manager. Fiscal Note: Appropriated from and Expenditure
Acct. 151-387. Recommend introduction and public hearing and second reading March 10, 2003.
Memorandum 03-28, from City Manager as backup.
E Resolution 03-28, Of the City Council of Homer, Alaska Awarding the Purchase of Three Vehicles to Nye Frontier Ford of Wasilla, Alaska in the Amount of $76,809.00 and Authorizing the City Manager to Execute the Appropriate Documents. Port/Harbor, HVFD, Clerk. Fiscal Note: PH vehicles Acct. 152.5902.374 and HVFD vehicle Acct. 152.5902.381. Recommend adoption.
Memorandum 03-25, from Port/Harbor Director and Fire Chief as backup.
F Resolution 03-29, Of the City Council of Homer, Alaska Confirming the Appointment of Carey Meyer as the Acting
City Manager for Calendar Year 2003. City Manager. Recommend adoption.
G Resolution 03-30, Of the City Council of Homer, Alaska, Encouraging the State of Alaska to Properly Support the Kenai
Peninsula Borough School District Through Changing the State Foundation Formula to More Fairly Reflect the Peninsula's
Unique Geography, Cultural Needs, and Resulting in Kenai Peninsula Students Having the Same Opportunity as Other
Alaska Students to Meet Content and Performance Standards. Ladd. Recommend adoption.
H Resolution 03-33, Of the City Council of Homer, Alaska Authorizing the Purchase and Shipping of a Boom Truck in the Amount of $35,000.00 and Authorizing the City Manager to Execute the Appropriate Documents. PWD. City Clerk. Fiscal Note: Acct. 152.383, budgeted $245,000.00 expended $163,000.00.. Recommend adoption.
Memorandum 03-27, from Public Works as backup.
I Memorandum 03-24, from City Clerk, Re: Request for Executive Session pursuant to AS'44.62.310(c)(1), Matters, the Immediate Knowledge of which would Clearly have an Adverse Effect upon the Finances of the Government Unit. Teleconference with Attorney. (Legal Matter, Land Acquisition.). Recommend approval and conduct under New Business as Item A.
FENSKE/BECK - MOVED FOR THE ADOPTION AND/OR APPROVAL OF THE RECOMMENDATIONS OF THE
CONSENT AGENDA AS READ.
KRANICH/ - REQUESTED THAT ORDINANCE 03-15, BE REMOVED AND PLACED UNDER ORDINANCES AS
ITEM E.
VOTE: (Except Item C.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VISITORS
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS
A. Memorandum 03-23, Councilmember Fenske Report on the Homeless Summit.
Councilmember Fenske commented on the summit addressing the seriousness of being homeless and that these individuals
wind up feeling that they are a burden to society. These people do require the attention of government to help them work
through these problems.
Councilmember Stark voiced appreciation for Councilmember Fenske being active in this area and that Pastor Dan Lush,
Homer United Methodist Church, is also very interested in this subject.
Mayor Cushing reported on some of his activities since the last meeting:
Mayor's Conference in Juneau.
Met with Commissioner of Transportation regarding animal shelter possibilities at the Airport. The Commissioner's input was that he does not see this as a big issue, however, it would be an item for Airport Leasing, Anchorage Department.
The Mayor commented on the direction of the Council regarding the animal shelter location (2), wherein the Council gave
four months to kind of kick over the final stones regarding location. He requested input from the Council and City
Manager.
Councilmember Fenske voiced appreciation for the Mayor getting this information. He encouraged the Council to go along
and instruct the City Manager to pursue the development of the animal shelter in the location which the Council has picked.
He stated that it is not that he has any particular preference of his own, but it appears that the location Council picked is the
only uncontested lot that has been turned up in some 26 years. He voiced concern with not pursuing the DOT property
which could put this off at least another year. He encouraged the Council to get behind this issue and get on with it.
Councilmember Kranich said that it appears to him that the City is going to be in the animal control business from now on
out and that he does not agree with the City putting good money into something on leased property, adding that Airport
Leasing is changing some of their policies.
City Manager Wrede shared his experience with Airport Leasing and that there provisions in State Law for deeding the land
to the City under certain circumstances if using the property for what is clearly a public use and if there is an Airport
Master Plan already in place that shows that this parcel is not needed for Airport Operations.
Councilmember Beck emphasized that everyone has been waiting a long time for the animal shelter and therefore, agrees
with Councilmember Fenske. She stated that trying to secure information from DOT and the State about whether or not the
City can get that land, how the City can get it, and if it would have to be paid for, would really delay this project. She noted
that it could be a year, she guesses more, and that the current shelter is in such bad shape that it may not last a year,
especially the dog kennels. She voiced support for using the property the City has now.
Mayor Cushing relayed a conversation with a sixth grader who indicated that she would not be able to volunteer if the
animal shelter were located at the airport area, because it would be too inconvenient.
Mayor Cushing reported that the NERR program did successfully, in about nine months, secure a piece of Airport Land, lease completed and building done. He commented on the Governor speaking to the Mayors that was on Gavel to Gavel. He reported that Edgar Blachford informed the Mayors that the money is limited, any requests from the communities must show full community support.
He reported on meeting with one of the Governor's Assistants, Denny DeWitt, regarding the Coastal Impact Assistance
Grants and that the feeling is that most of the projects are going to go through as is on the awards process and that these are
going to be reviewed to make sure the scope of the projects remains the same. Mayor Cushing voiced his hope that the local
area projects would go through, but that it is still too early to tell. Mayor Cushing commented on seeing Representative
Paul Seaton and that Senator Wagner 's Staff and former Homer City Councilmember, Mary Henry Jackson, is willing to
assist Homer. He noted that Gary Stevens, of Kodiak, was appointed as Senator for the district and that he knows Homer
well. He recognized Councilmember Kranich's granddaughter as being one of the lead singers at a fantastic play put on in
the Mariner Theatre. He relayed that Howard Hedges, who had played over 400 performances on Broadway, and had stated
that, for the caliber of these students, this was as good as anything he had ever seen.
Mayor Cushing called for a recess at 8:20 p.m. and reconvened the meeting at 8:34 p.m.
PUBLIC HEARING(S)
A. Ordinance 03-03, Of the City Council of the City of Homer, Alaska, Amending the Homer City Zoning Map to Zone Portions of the Annexed Area Identified as Study Area #2 Per Attached Exhibit A. City Manager. (First Reading 01/13/03, Public Hearing 02/24/03, Second Reading 03/10/03).
A.1. Substitute with same title that includes statement regarding compliance with the Comprehensive Plan Statement
There was no public testimony.
B. Ordinance 03-04, Of the City Council of the City of Homer, Alaska, Amending the Homer City Zoning Map to Zone Portions of the Annexed Area Identified as Study Area #3 Per Attached Exhibit A. City Manager. (First Reading 01/13/03, Public Hearing 02/24/03, Second Reading 03/10/03).
B.1. Substitute with same title that includes statement regarding compliance with the Comprehensive Plan Statement
Abigail Fuller stated that she has a couple of lots in this study area, but that her comments deal with the zoning of all the annexed areas. She commented on submitting her statement (3) last meeting and read this into the record:
I am concerned that the City is rushing to zone the newly annexed areas without laying the right foundation. There are two things that should be done first, one is to amend the Comprehensive Plan and the other is to revise the City's Zoning Code. The first is required by law and was promised by the City. The second will ensure that the available zones are appropriate for the new areas, which are rural and not urban in character. I have read the comments and testimony to the Planning Commission that were in last meeting's packet, your current zones are a very poor fit for the new areas. At the City's Strategic Planning Session in the summer of 2001, there was quite a bit of discussion about the need to revise both the
Comprehensive Plan and the Zoning Code. It would make sense to do this before zoning the new areas, so that the effort doesn't have to be done all over again to make adjustments. It is important to make sure the available zones are suitable for the new areas. I have heard discussion from the Planning Commission about possible changes such as a cottage industry zone, and suggest that these changes should take place prior to zoning the annexed areas. The City itself promised to do a Comprehensive Plan for the new area before zoning. Quote from the reply brief:
The City of Homer will not zone an area without first developing a Comprehensive Plan for the territory which will allow for a public process and a comprehensive look at the entire area, not on a case by case, piece meal fashion.
This is, in fact, required by state statute, under AS 29.40.030 and 29.40.040. The Alaska Supreme Court in Lazy Mountain Land Club v. Matanuska-Susitna Borough Board of Adjustment and Appeal in '95 stated quite clearly that adoption of a Comprehensive Plan must precede zoning. There has been an attempt by the City to declare that the existing plan is applicable to the new areas but this is not sufficient. When the City's current plan was amended in 1999, the property owners in the annexed areas did not have fair notice that the
proposed plan would apply to their property and thus did not have a reasonable chance to comment on it. A carefully
thought out Comprehensive Plan is intended to guide zoning decisions so that they are not arbitrary or prejudicial. An
amended Comprehensive Plan would provide the guidance that is clearly lacking from your zoning efforts. I have listened
to you folks twice now argue over how to zone Area 1, this is because you have no plan to guide you. The Comprehensive
Plan must be amended to include the new areas by Ordinance, not by a whereas within a Resolution, so that the property
owners, and the general public, have an opportunity to have input.
C. Ordinance 03-05, Of the City Council of the City of Homer, Alaska, Amending the Homer City Zoning Map to Zone Portions of the Annexed Area Identified as Study Area #4 Per Attached Exhibit A. City Manager. (First Reading 01/13/03, Public Hearing 02/24/03, Second Reading 03/10/03).
C.1. Substitute with same title that includes statement regarding compliance with the Comprehensive Plan Statement
There was no public testimony.
D. Ordinance 03-13, Amending Homer City Code Chapter 8.12 to Prohibit the Operation of a Public Transportation
Vehicle by any Person Under the Influence of or in Possession of any Measurable Quantity of Alcoholic Beverage or
Certain Controlled Substances, Requiring out of Service Orders to Such Persons, Amending the Grounds for Revocation or
Suspension of Chauffeur's Licenses, and Amending the Administrative Hearing and Appeals Procedures. Police Chief. City
Attorney. (First Reading 02/10/03, Public Hearing 02/24/03, Second Reading 03/10/03).
There was no public testimony.
ORDINANCE(S)
A. Ordinance 03-08, Of the City Council of the City of Homer, Alaska, Amending the Homer City Zoning Map to Zone
Portions of the Annexed Area Identified as Study Area #7 Per Attached Exhibit A. City Manager. Planning. (First Reading
01/27/03, Public Hearing 02/10/03, Second Reading 02/24/03).
FENSKE/BECK - MOVED FOR THE ADOPTION OF ORDINANCE 03-08 BY READING IF TITLE.
There as brief comment.
VOTE: YES: STARK, KRANICH, BECK FENSKE. LADD.
Motion carried.
B. Ordinance 03-09, Of the City Council of the City of Homer, Alaska, Amending the Homer City Zoning Map to Zone
Portions of the Annexed Area Identified as Study Area #8 Per Attached Exhibit A. City Manager. Planning. (First Reading
01/27/03, Public Hearing 02/10/03, Second Reading 02/24/03).
FENSKE/LADD - MOVED FOR THE ADOPTION OF ORDINANCE 03-09 BY READING OF TITLE FOR SECOND
AND FINAL READING.
The concerns are that the GC1 and GC2 districts do not address the commercial uses in this area, referred to as the Golden
Triangle. Council discussed combining GC1 and GC2 or better yet, developing a GC3.
City Planner Tucker agreed with the concerns.
FENSKE/LADD - MOVED THAT WE POSTPONED ACTION ON THIS UNTIL THE SECOND MEETING IN MARCH.
Intent is to remand this to the Planning Commission.
This motion was "friendly amended".
LADD/ - AMEND TO MEET WITH THE PLANNING COMMISSION AT THE COMMITTEE OF THE WHOLE
NEXT MEETING AND AT THAT TIME GIVE DIRECTION TO THE PLANNING COMMISSION IF IT GIVEN TO
THEM TO COME BACK WHEN THEY'RE PREPARED TO GIVE A REWRITE.
Motion not recognized.
FENSKE/LADD - FRIENDLY AMENDMENT - TO POSTPONE UNTIL NEXT MEETING (March 10th) WHEN THE
COUNCIL WILL MEET WITH PLANNING (Planning Department and Planning Commission) TO CLARIFY A
COURSE OF ACTION TO BE TAKEN AND TIME TO CLARIFY THAT ACTION.
VOTE: (amendment as friendly amended) YES: NON OBJECTION. UNANIMOUS CONSENT.
This will be the first item on the Committee of the Whole for March 10, 2003 and will be a joint session with the Planning
Department and Planning Commission.
Motion carried.
Mayor Cushing asked if the Council still desired to have a portion of the Committee of the Whole dedicated to discussing
non profit funding. Most of the Council voiced a preference to discuss non profit funding during or just prior to the budget process.
C. Ordinance 03-10, Of the City Council of the City of Homer, Alaska, Amending the Homer City Zoning Map to Zone
Portions of the Annexed Area Identified as Study Area #5 Per Attached Exhibit A. City Manager. Planning.(First Reading
01/27/03, Public Hearing 02/10/03, Second Reading 02/24/03).
KRANICH/LADD - MOVED FOR THE ADOPTION OF ORDINANCE 03-10 BY READING OF TITLE
A brief description of the area was given: Rural Residential and Conservation zone, area north of Skyline Drive, includes
the Bridge Creek Watershed inside the City limits, and is near the Bridge Creek Reservoir.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
D. Ordinance 03-11, Amending Section 21.36.010 and Adding Chapter 21.59 to the Homer City Code Creating the Bridge
Creek Watershed Protection District to Regulate Development in the Bridge Creek Watershed for the Protection of the
Public Water Supply. City Manager. Planning. (First Reading 01/27/03, Public Hearing 02/10/03, Second Reading
02/24/03).
D.1. Ordinance 03-11(S). Has same title. Kranich.
BECK/STARK - MOVED FOR THE ADOPTION OF ORDINANCE 03-11 BY READING OF TITLE.
Councilmember Beck commented that this Ordinance has been a long time in coming, that she has been amazed that the
City has been safe, to this point, without this Ordinance. She voiced her belief that the Ordinance is not going to keep the
watershed safe and that monitoring will need to be done to ensure that the Ordinance is kept. She expressed her opinion that
teeth will have to be put into the regulatory enforcement of such Ordinances.
STARK/FENSKE - MOVED TO AMEND BY, ON PAGE 226 UNDER SUBSECTION F. SEWER SYSTEMS,
REPLACING THE WORDS N THE SECOND LINE "APPROVED BY" WITH THE WORDS "IN CONFORMANCE
WITH THE REGULATIONS AND REQUIREMENTS OF", LINE 457.
f. Sewer Systems: Appropriate to the use of the parcel, each parcel shall be served by a septic or sewer system approved by
in conformance with the regulations and requirements of the Alaska State Department of Environmental Conservation
(ADEC). Stream setbacks of 100-feet for drain fields and subsurface discharge and 250-feet from raised septic systems are required.
Council discussed the ADEC and approval versus the conformance verbiage.
Mayor Cushing voiced his opinion that if the "approval by" is left in the City is asking for ADEC involvement in the
review cycle.
VOTE:(primary amendment1.) YES: STARK
NO: KRANICH, BECK, FENSKE, LADD.
Motion failed.
KRANICH/LADD - MOVED TO SUBSTITUTE ORDINANCE 03-11(S).
Councilmember Kranich briefly elucidated the changes in the Substitute:
Section 21.59.055 Prohibited Uses: The Planning Commission wanted to delete the "any number of dogs over the age of five months aggregating more than 300 pounds in weight and just leave it at having six dogs over the age of five months.
Reads as: Dog lots or aggregations of more than six dogs over the age of five months, or any number of dogs over the age of five months aggregating more than 300 lbs in weight; e
Section 21.59.080(b) Erosion and sediment control plan shall ensure compliance with the following requirements: To add to Item 1 and delete item 4, renumerate and add to new item 4:
Reads as 1.A drainage system shall be provided to direct all runoff from impervious Coverage or the disturbed site either into an engineered drainage system or into a natural drainage, but no runoff shall be discharged untreated directly into the Bridge Creek Reservoir, or any associated stream, or other watercourse.
4. Drainage from impervious Coverage cannot be drained off site.
4. Natural vegetation shall remain undisturbed except as necessary to construct improvements and to eliminate hazardous conditions, in which case it must be replanted with native approvedmaterials including ground cover, shrubs and trees. Native materials are preferred for replanting operations, and will be used where practicable.
Change all references from 'City Engineer' to 'Public Works Director'.
There was brief comment regarding the wording 'City Engineer' versus 'Public Works Director'.
VOTE:(primary amendment 2. the substitute) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Concern was expressed that the wording in 21.59.055, Prohibited Uses, Subsection e. Use of motorized vehicles, off-road
vehicles, personal watercraft or motorized boats on City of Homer properties or upon or in the waters on those properties,
unless the use is expressly authorized by the City of Homer, could be interpreted to disallow the use of canoes.
LADD/KRANICH - LIKE TO MAKE A MOTION TO INSERT THE WORD 'MOTORIZED' BETWEEN PERSONAL
AND WATERCRAFT ON LINE 360.
VOTE: (secondary amendment to primary amendment 2.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
21.59.055(e) now reads: Use of motorized vehicles, off-road vehicles, personal motorized watercraft or motorized boats on
City of Homer properties or upon or in the waters on those properties, unless the use is expressly authorized by the City of Homer.
Referring to 21.59.055, Prohibited Uses, Subsection e. Use of motorized vehicles... It was noted that only authorized
motorized vehicles are allowed.
Referring to 21.59.150, Enforcement, Subsection a. In the event that any person holding a conditional use permit issued
under this chapter violates the terms of the permit or any person implements site development in such a manner as to
adversely affect or endanger the water quality in the Bridge Creek Watershed, the City Manager or his designated staff may
issue a stop work order or suspend or revoke a conditional use permit. A stop work order or suspension of a conditional
use permit may be imposed immediately and without prior notice to stop or prevent imminent material harm to the water
quality, provided that notice and a reasonable opportunity for a hearing must be provided promptly after the issuance of the
order or suspension. A conditional use permit may be revoked permanently or suspended for longer than thirty days only
after notice and a reasonable opportunity for a hearing. A revocation or suspension of a conditional use permit for longer
than thirty days must be done by written decision.
The question is what kind of hearing is this and with whom.
Mayor Cushing advised that this is through the Conditional Use Process with the Planning Commission and then to the
Council as the Board of Adjustment.
VOTE:(main amended motion) YES: STARK, KRANICH, BECK, FENSKE, LADD.
Motion carried.
E. Consent Agenda item C. Ordinance 03-15, Of the City Council of the City of Homer, Alaska, Amending the Homer
City Zoning Map to Rezone Portions of the Marine Industrial District (MI) to Marine Commercial District (MC). Planning.
Recommend introduction and public hearing and second reading for March 10, 2003.
MAIN MOTION FROM THE CONSENT AGENDA IS ON THE FLOOR.
The portion to rezone is described as: Homer Spit Three Subdivision Lots 1, 2 and 3 from Marine Industrial to Marine
Commercial. All three lots are on the west side of the Spit. Lot 1 is 3343 Homer Spit Road, Lot 2 is 3347 Homer Spit Road
and Lot 3 is 3351 Homer Spit Road.
Council's discussion included:
Marine Commercial is less impact than Marine Industrial. Adjacent boardwalk is zoned part Marine Industrial and part
Marine Commercial and the City owned parcels are Open Space Recreational. Concern with hotels or small cabins in that
area or any kind of overnighting since this is a Tsunami zone. Pros and cons shared about changing more lots or all the lots
on that side of the Spit from the Marine Industrial to the rezone. Outright permitted uses, planned unit developments and
conditional uses were discussed. It was noted that a property owner would have to go through the conditional use process to
have hotels or motels in the Marine Commercial District. Preference was expressed to lessen the impact on the outer beach.
Is Marine Industrial primarily day time use and Marine Commercial could include overnight accommodations?
KRANICH/FENSKE - MOVED TO POSTPONE TO SECOND MEETING IN MARCH. (March 24, 2003.)
Council agreed that Ordinance 03-15 should be included with Ordinance 03-09 as first item on the Committee of the Whole
agenda for March 10th, joint discussion with the Planning Department and Commission.
There was some comment about having the City Attorney review this Ordinance after the Committee of the Whole.
VOTE: (postponement) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
CITY MANAGER'S REPORT
A. City Manager's Report (Updates/Council direction, Memo from Councilmember Stark, Homer Foundation announces
City of Homer grants program awards, and Homer Spit Fishin' Lagoon grant requests.)
B. Bid Report
City Manager Wrede reported that a determination was made, with input from Public Works and the Water and Sewer
Crew, to not allow the Hockey Team to practice at the Bridge Creek Reservoir. Concerns were pollution and liability
issues. He suggested inviting DOT, soon, to meet with Council, Planning Commission and the public to discuss the Pioneer
Avenue Reconstruction plan and budget and the amenities such as sidewalks, street lighting and etcetera.
Council suggested inviting DOT Planner, Rex Young. The paving of parking lots on Pioneer Avenue was mentioned as
being an idea that the former City Manager had, that he was working on developing some sort of funding source through
the City to include this with the Pioneer Avenue Reconstruction project.
City Manager Wrede noted that the Town Square Task Force is struggling with their next move, that they have completed
many of the tasks that were set out for them and that there is a desire for the City to get more involved and to take a more
active role. He reported that he has done that by assigning a full time person, Administrative Assistant Anne Marie Holen,
to work with the Task Force in addition to City Planner Tucker. He advised that he met with Councilmember Beck and
some of the staff to kind of brain stormed some ideas and strategies on where to go from here so that the process does not
flounder. He commented on the Task Force giving a report; real designs, concrete plans and some alternatives; to the
Council during the last meeting in March and that at that time perhaps the Council can decide on further direction. He
suggested next steps might be public hearings and remand to the Planning Commission to work through the process.
Council voiced appreciation for the format of the Manager's report, and that they would appreciate receiving the department
monthly stats.
City Manager Wrede affirmed that the appraisal of City Hall will move forward.
COMMITTEE REPORT
A. Town Square Task Force.
There was a meeting on Thursday, February 24th and the plan is that the Kachemak Heritage Land Trust will have a
response to the Council on March 24th.
B. Large Store Impact Task Force.
The first meeting was held on Tuesday, February 18th at 7 p.m., Sue Post was elected as Chair, meetings are scheduled for
Tuesday, February 25th at 7 p.m., and Saturday, March 1st from 9 a.m. to noon.
PENDING BUSINESS
NEW BUSINESS
A. Conduct Executive Session on Legal Matter and Land Acquisition.
Mayor Cushing recessed the Regular Meeting to Executive Session at 10:23 p.m. He reconvened the Regular Meeting at
11:57 p.m.
FENSKE/KRANICH - MOVED TO SUSPEND THE RULES TO COMPLETION OF BUSINESS. (To go past midnight.)
There was brief comment that it would be appreciated if the Council would conclude business as expeditiously as possible.
VOTE: (suspension of rules) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Councilmember Fenske stated that on legal matters the Council gave direction to the attorney and no other action was taken
and on the land acquisition they gave direction to the attorney to purchase the watershed property according to the terms of
the counter offer from UA.
RESOLUTIONS
A. Resolution 02-76, Of the City Council of Homer, Alaska Amending the Street and House Numbering Plan to Provide that Areas Annexed to the City after 1 January 2000 will use the Kenai Peninsula Borough Lot Numbering System. Stark. Postponed on 11/25/2002 postponed as amended on 02/10/03 to 02/24/03.
Main motion on the floor as amended. STARK/LADD - MOVED FOR THE ADOPTION OF RESOLUTION 02-76 BY
TITLE. Amendment: Change lot number system to street addressing.
Councilmember Stark's informal call for the question was recognized and there was no objection.
VOTE: (main amended motion) YES: NONE
NO: STARK, KRANICH, BECK, FENSKE, LADD.
Motion failed.
A.1. Memorandum 03-26, from Councilmember Stark, Re: Annexation Area Street Addresses.
RECOMMENDATION: 1. Have a public hearing on this issue on 10 March with notices in both papers and make a
decision after the hearing. 2. If the decision is to go ahead with the expansion of the Code system, have notices published in
both papers that new addresses will be issued in the annexation area this coming summer (so residents will be aware of the
coming change in case they have new stationery printed). And they don't need to be putting new addresses on mailboxes in
the middle of winter. 3. If the decision is to go ahead, have the Planning Division issue new numbers this coming summer
and notify each affected property owner.
KRANICH/STARK- MOVED FOR THE APPROVAL OF THE RECOMMENDATIONS OF MEMORANDUM 03-26.
There was discussion about changing addresses and making sure that the public is notified. It was noted that there is a City
process for house numbering.
Councilmember Fenske's informal call for the question was recognized and there was no objection.
VOTE: YES: STARK.
NO: LADD, KRANICH, BECK, FENSKE.
Motion failed.
B. Resolution 03-06, Of the City Council of the City of Homer, Alaska, Requesting that State of Alaska DOT & PF Install
Traffic Signals at the Intersection of the Sterling Highway and Lake Street. Stark. Postponed on 01/13/2003.
Main Motion on the floor: STARK/YOURKOWSKI - MOVED TO ADOPT RESOLUTION 03-06 BY READING OF TITLE.
Amendment on the floor: STARK/LADD - MOVED TO AMEND IN THE THIRD WHEREAS AND REPLACE THE
WORD 'STATE', WITH 'THE CITY'S CONSULTANT STUDIES' THAT SHOW THAT THE SIGNALS ARE
WARRANTED AT THIS INTERSECTION.
There was some discussion.
VOTE:(primary amendment 1.) YES: NONE.
NO: BECK, FENSKE, LADD, STARK, KRANICH.
Motion failed.
Councilmember Fenske's informal call for the question was recognized and there was no objection.
VOTE: (main motion) YES: NONE
NO: FENSKE, LADD, STARK, KRANICH, BECK.
Motion failed.
B. 1. Resolution 03-31, Of the City Council of Homer, Alaska, Requesting that the State of Alaska Department of
Transportation and Public Facilities (DOT&PF) Conduct a Traffic Study of the State Highways in the Homer Central
Business District. Stark. Page 293
Resolution 03-31(S).
FENSKE/LADD - MOVED TO ADOPT RESOLUTION 03-31 BY READING OF TITLE.
There was brief discussion in support of moving forward with this and having a meeting with DOT.
FENSKE/LADD - MOVED TO SUBSTITUTE 03-31 WITH 03-31(S).
There was a brief discussion in agreement with the substitute and with the need for traffic lights for pedestrian protection,
right-of-ways and zones.
VOTE:(primary amendment 1. substitute) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Councilmember Kranich's informal call for the question was recognized and there was no objection.
VOTE:(main amended motion) YES: NON OBJECTION UNANIMOUS CONSENT.
Motion carried.
C. Resolution 03-27(S), Of the City Council of Homer, Alaska, to Designate an Area of the Central Business District as the
Homer Town Center District for the Purpose of Master Planning. Beck. Postponed on 02/10/03.
Main Motion on the floor: STARK/BECK - MOVED TO ADOPT.
Remanded to the Planning Commission for consideration and Public Hearing. Main motion is on the floor. Special Note:
Due to lack of quorum the Planning Commission did not conduct their Regular Meeting scheduled for February
19th and request further postponement of Resolution 03-27(S).
FENSKE/LADD - MOVED TO POSTPONE 03-27(S) TO 3- 24. (March 24, 2003)
Comment was that this is a complex thing and still not clear. Council emphasized that this postponement is not an attempt
to delay, but to facilitate the process.
VOTE: (postponement) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
D. Resolution 03-32, Of the City Council of the City of Homer, Naming for Clarification Sections of a Public Way Known
as East End Road to East Road that Section being from the Former City Limits to the New City Limits. Planning.
FENSKE/KRANICH - MOVED FOR THE ADOPTION OF RESOLUTION 03-32 BY READING OF TITLE.
Council commented that after the discussion today with the Chief of Police, the KPB House numbering staff, Kachemak
City Council that the City recognized that it does not have the authority to rename State streets.
VOTE: YES: NONE.
NO: FENSKE, LADD, STARK, KRANICH, BECK.
Motion failed.
COMMENTS OF THE AUDIENCE
There were no audience comments.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans and Bookman participated telephonically during the Executive Session.
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 Cushing had no comment.
COMMENTS OF THE CITY COUNCIL
Councilmember Fenske commented about the new City Manager being in the process of setting up
house.
Councilmember Stark reported on he and his wife attending a salute to the armed services on
Saturday night and that there were about 720 individuals in attendance. He advised that the Admiral
who was the commander of the Pacific Fleet presided. He commented on being seated near a gentleman with EnStar and
that they discussed the gas line coming to Homer, which is getting to be more of a reality with the well in Anchor Point. He
advised the Council of his participation in an AML teleconference regarding the economic state of the State and that
revenue sharing may very well be a thing of the past.
Councilmember Ladd thanked the Council for passing Resolution 03-30 and emphasized the importance of state funding for the Kenai Peninsula Borough School district. He delineated the impact to the school district and to Homer, specifically Homer High School. He voiced his hope that the groups identified in the Resolution would work to seek out alternative ways to maintain programming in Homer High School and in providing Homer children an equal education.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 12:32 a.m. The next Regular
Meeting is scheduled for March 10, 2003 at 7:30 p.m. The Committee of the Whole is scheduled for March 10, 2003 at 4
p.m. and the first part will be a joint session with the Planning Department and Commission.
________________________________________
MARY L. CALHOUN, CMC, CITY CLERK
Approved: _____________
1. Clerk's Note: Not everything in the letter was read into the record.
2. Memorandum 03-01(A), primary site for the animal shelter is the current location with consideration if other options are made available in the next four months. Approved as amended on January 13,2003, during a Regular City Council meeting.
3. This letter is part of the February 10, 2003 packet and some portions were not read into the record.