Session 03-13 a Regular Meeting of the Homer City Council was called to order at 7:30 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 met as a Committee of the Whole from 4:00p.m. to 6:00 p.m. Potential teleconference with City Attorney at 5 p.m. was not held
regarding Ordinance 03-23(A). Joint Session with the Planning Commission at 5:03 p.m., regarding large store issues and other zoning issues
on the regular agenda., the other regular agenda items were Committee of the Whole agenda items.
PRESENT: COUNCILMEMBERS: BECK, FENSKE, KRANICH, LADD, STARK.
STAFF: CITY MANAGER WREDE
CITY CLERK CALHOUN
FINANCE DIRECTOR BAUGH
LIBRARY DIRECTOR HILL
ABSENT: COUNCILMEMBERS: YOURKOWSKI.
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 City Council with the following changes: To the Consent Agenda Resolution 03-91, Of the City
Council in Support of Its Communication and Working Relationship, from Councilmember Beck, Memorandum 03-107 from Planning
Commission on Ordinance 03-25(S)(A), Memorandum 03-108 from Planning Commission on Resolution 03-74, written testimony on
Ordinance 03-25(S)(A), Correction Packet Page 59, minutes, and addition of a Visitor, Duane Bannock, Director of DMV requested by City
Manager. Corrections to: Page 17 June 9th minutes. Section 5 of Ordinance 03-25(S)(A), Title on Memorandum 03-102 and the third whereas
clause, symbol error, Ordinance 03-40.
Councilmember Beck requested that the Public Hearing on Resolution 03-74 be held directly after Agenda Approval.
There were no objections.
Public Hearing Item F. Resolution 03-74, Of the City Council of Homer, Alaska, Donating a Parcel to Kenai Peninsula Housing Initiatives
(KPHI) Program for the Construction of Homes by the Sea, a Complex of Eight Supervised Living Units for Low Income Developmentally
Challenged Clients. Deeming this Transaction Advantageous to the City of Homer for the Promotion of a Healthy Community, Placing a Parcel
Back on the Property Tax Rolls, Increasing the City's Utility Customer Base, and Authorizing the City Manager to Execute this Transaction on
Behalf of the City of Homer for One Parcel, # 179-061-01, Located on the S/W corner of Mattox and East End Road. Fenske.
Carol Satterwhite, resident for fourteen and one half years, reported speaking about this last week to some different people about the housing
and testified that she would personally like to see this go through. She testified that she has really been thinking about this and devoting
everything that she has to give to Homer. She advised the Council that she is partially disabled, has two kids and that her oldest son is partially
disabled. She said that she would like to see something like this done for her future, for her son and for others who have problems and need
housing. She told that Council that she wanted them to know that it is kind of hard for people like herself and others to own, finance and live in
their own homes. She acknowledged the tight City budget and stated that this housing facility is a big thing in Homer and would make a big
difference. She assured the Council that they will see the miracles. Homer is a small town that is growing. Something like this would make a big
change in employment and would help with the City budget. She thanked the Council.
Johnny Jones testified in favor of this housing thing and that he has a bad neck and a bit of a hard time with his back
Mary Jane Shows advised that she is testifying for two reasons:
1. In representation of an organization called "Peoples First", of which Johnny Jones is a member. That this is an organization where people
with developmental disabilities learn how to speak up for themselves. She pointed out that Johnny and others who have testified or will testify
are standing up and saying they are important and the things they do and need are important; and 2. She is purchasing a house in Mattox and
wanted everyone to know that she is in favor of this project going through.
Dean Baugh, as a private citizen and not as Finance Director, testified that he agrees with what all the people are saying. He voiced
disagreement with and spoke against approving this donation of land, emphasising that a non profit cannot be forced to pay taxes. He
commented that this entity can agree to pay taxes now, but tomorrow there may be a new director and this all changes. He told the Council that
if they vote for this tonight it is basically off the tax rolls forever. As a resident, he voiced his opinion that it is not Council's job to do this, that
their job is to do roads, public safety, parks, and libraries. He conceded that this is a needed thing and should be done by the private sector and
not the City. He pointed out that the Council, as the City, is donating thirty thousand dollars of his money to something that is not their job.
Steve Rouse, a ten year Homer resident and thirty year resident in Alaska, advised that he serves at the pleasure of the Board of Directors of the
organization of Kenai Peninsula Housing Initiatives (KPHI) as their Executive Director and that he here to speak in favor of this proposal. He
commented on the Council having heard his presentation and believed they understand the business side of things from KPHI's perspective and
that they are asking and needing community support. He emphasized that KPHI must demonstrate the community support for this project in
order to leverage what will amount to between seven hundred and eight hundred thousand dollars of donated money, based on that support. He
relayed that KPHI feels this is a very good investment of the public resource and certainly good public policy, because, with all due respect to
the prior speaker, Council is charged with administering the well being of the community as well as counting beans. A community is nothing
else if it is not its people and this facility represents a group of friends and neighbors that are somewhat forgotten and that cannot, quite often,
advocate for themselves as loudly and as vehemently as those with other means. He asked the Council to not forget their full charge to
represent the entire community and move forward with this proposal and/or one that is amended that will allow KPHI to take a lot, build upon
it and improve this community. He responded directly to the inference about property taxes and stated that if KPHI, a borough wide
organization and federally identified community housing development organization, enters into a pact with the City of Homer as with, most
recently, the City of Soldotna and agrees to pay property taxes KPHI will pay property taxes in perpetuity regardless of who is director. He
stated if the organization survives and the facility exists it will be on record that KPHI will pay property taxes. He reported having asked for an
abatement of the property taxes until such time as revenue is generated, which is somewhat customary in these types of arrangements. Whatever
the City needs or whatever type of instrument must be drawn up or addenda or attachment to the deed is required KPHI will execute it, and that
KPHI has always committed too and will not rescind its commitment to pay property taxes when the time comes. He hoped that this would put
this issue to rest. He left the Council with a charge from Corinthians that says, "Charity will overcome a multitude of sins."
Tony A. McGee voiced support of Resolution 03-74 and that she would like to have a home. She thanked the Council.
Roger Davis testified that he and his wife would appreciate the Council raising their taxes, if necessary, to support this endeavor as testified to
so eloquently by the previous speakers. He emphasized that he and his wife are willing to pony up and stated that the Apostle Paul said, when
speaking of sins and listed them, especially listed greed, which is the same thing as worshiping a false god. So a person does not want to be
caught licking on a golden calf, in Alaska because, surely, your tongue will stick to it.
Steve Gibson, owner of property in the development area, stated that he wholeheartedly subscribes to all the testimony that Council just heard.
He voiced his hope that the Council would find it in their hearts to say yes. He commented that as a tax payer he feels heavy at times, that this is
one of recognitions deserved for the people who comprise the community and that he would appreciate this recognition.
Don McNamara testified that one important point has been left out, that this will create jobs, short term jobs while the construction is going on
and long term jobs with building maintenance, keeping roads plowed and all that kind of good stuff.
Jan Y. Hougan, member of KPHI and peer Counselor at the Mental Health Annex and provider for DD Pride, commented that she thinks about
the conversations she has had with her peers and the people she has helped and that it seems that they are not asking for a lot. She noted that
they are not asking for a lot of money, that most of them walk due to not having transportation and that they want to live a simple safe life. She
noted that there are very few housing opportunities here. ASHA Alaska State Housing Authority, does a wonderful job, but they have a two
year waiting list of people who need this kind of assistance. She stated that there is just not a lot of adequate low cost housing. When someone
in a wheel chair waits those two years and then has to go find a place, it is very difficult to find the right place, such as one with a shower that
they can wheel into. She related that it seems like the community is going toward places like Bainbridge and places like that in Washington
where the money goes for tourist facilities, retirement housing and more and more forgetting that most of the citizens in Homer don't have that
kind of money. She commented that young people are getting out of high school and do not have any place to go, being trained in mechanics or
whatever and wonder what they do now. It costs four hundred dollars for a down payment on a little place just to have hot running water. She
emphasized that this is very necessary and a pilot program and that the hope is to do this all over the peninsula. The poor are not going away
and people with disabilities are here. She stated that if the Council had spent any time around these people they would know that they do
contribute to the quality of life. She encouraged the Council to support these people and consider all of this.
Susan Drathman, twenty year resident, works with the Pride Program and those who experience developmental disabilities, testified that she
thinks it is wonderful that the Council is giving the opportunity to discuss this and considering a donation of land. This land will be used to,
hopefully, build a residence to support six to eight individuals living as independently as possible in their own homes. This facility will comprise
six to eight efficiency apartments with a common area, so that there can be one individual on site who can supervise and provide assistance to
individuals who cannot live alone. She relayed the importance of offering this housing opportunity in Homer, because in the past and currently if
folks cannot find housing here they need to move out of this area and probably relocate in Anchorage. These are individuals who have grown up
here, gone to school here and who have friends and family here. It's often not what they want, to move away from a community where they feel
safe to an area where they are a stranger, just simply to get housing. She advised that since the last time that she spoke with the Council the
state has released their new medicaid regulations that are used to govern individuals who are developmentally disabled and if these regulations
are passed the programs that used to support people in their own homes will be quite drastically reduced. She voiced concern that if there is no
alternative, such as this, to transfer people to, then it is unknown what they will do. Certainly, people will not be able to continue living as they
are right now in their own apartments. She confirmed that there is some urgency to considering this and to allowing families to stay in Homer
and not have to split up or relocate to another area. She reiterated that this will also create jobs and there are those currently employed assisting
folks with their independence and that they are able to provide quite a few jobs for individuals who stay in Homer. She concluded that this is
good for the community.
Chris Laing reported that there are a couple of things that have come up since the last time that she spoke before the Council. She relayed a
question that came up at the Planning Commission meeting, "Was this like an assisted living facility?" She advised the Council that she read the
housing guidelines for the state and this is not assisted living it is supported housing. This building will look just like any other house in the
neighborhood, but will be large enough for six individuals and a support person. She reported that KPHI contracted for a market study to be
done by an outside consultant, which was completed about a week ago. Through the various means that this professional person used the
results found were that at this time, if built today, there is enough need for a facility for ten individuals. Ms. Laing pointed out that KPHI is not
asking for something that big, and would rather have low impact and build several things over time in order to accommodate the citizens in
home like settings. She emphasized that KPHI is not importing people, this is for people who live here.
Peggy Ellen Kleinleder, works with Community Mental Health services during the summer as a Choice Care Coordinator, commented that she
frequently becomes aware of needs as she helps adult individuals with physical disabilities get on a program to stay out of nursing homes. She
commented about the care provided in a less expensive and less restrictive environment. She noted that lots of times there are folks that cannot
go into assisted living because they are not old enough or not quite dependent enough, but who do need some place to stay like this facility. On
behalf of herself and Mary Freas, the Care Coordinator that she is covering for this summer, Ms. Kleinleder wanted to weigh in and say that this
is a need and that it is really supported at Community Mental Health Services.
Karen Cauble, thirteen year resident, informed the Council of how fortunate she is to own her own home and how many here have the abilities
to be able to own their own home and that this is one of greatest dreams in the Country. She commented that this is an opportunity for Homer
to be humane in reaching out to those who are less able to have and to own their home, but who will be able to have their very own place. This
is a wonderful opportunity for Homer to be able to extend the generosity of a place that will be matched by putting a building on it with money
not coming from this community, but into this community and will continue to flourish and bring more good feelings and funds into this
community. She greatly encouraged this opportunity to contribute this gift to the disabled people in the community.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Public Comments upon matters already on the agenda except visitors and public hearing items,Ordinance 03-25(S)(A), Amending the Homer
Zoning Code to Limit the Size and Dimensions of Buildings Used Primarily For Retail or Wholesale Business, Ordinance 03-34, amending the
grant amount for the Traffic Safety Saturation Patrol and In Car Video Systems grant, Ordinance 03-35, accepting and appropriating a
Reimbursable Grant of $2.500.00 from the U.S. Fish and Wildlife Service for Interpretive Information at Parks, Ordinance 03-36, Prohibiting
Smoking in Public Buildings, on Identified Public Properties and in Vehicles and Watercraft Owned by the City of Homer, The Creation of the
Kachemak Drive Phase I Sewer Improvement/Assessment District,Resolution 03-74, Donating a Parcel to Kenai Peninsula Housing Initiatives
(KPHI) Program on the west corner of mattox and east road and for a New Liquor License and Restaurant Designation Permit for Olives.
Jeanne Parker spoke in support of Resolution 30-90, Town Center Development Committee, because, she voiced her belief, this is one of the
problems, at least with a certain area of town, that there has been this plan, idea and dream being worked on many years and then somehow it
just seems lost right now. She emphasized that this needs to keep moving forward and that it has good energy and good momentum and is a
really wonderful plan.
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.)
Councilmember Ladd requested that items A., C. E and L. be placed on the regular agenda in the proper location.
Councilmember Stark requested that Item M. be placed on the regular agenda under Resolutions.
A. Homer City Council unapproved meeting minutes of May 27, 2003 and June 9, 2003 Regular Meeting. Recommend approval.
Placed under New Business as Item A.
B. Ordinance 03-37, Of the City Council of the City of Homer, Amending the Homer City Zoning Map to Rezone Portions of the Urban
Residential District (UR) to Central Business District (CBD). Portion of Lots 1-B, and 3 and all of Tract 2 of the New Homer High School No.
2 Subdivision (4060 Heath Street, 604 and 638 East Pioneer Avenue). Planning. Recommend introduction and Public Hearing and Second
Reading on July 14, 2003.
C. Ordinance 03-38, Of the City Council of the City of Homer, Alaska Amending the Sign Code, Chapter 21.60 of the Homer City Code.
Planning. Recommend introduction and Public Hearing July 14, 2003 and Second Reading on July 28, 2003.
Placed under Ordinances as Item D.
D. Ordinance 03-39, Of the City Council of the City of Homer, Alaska Amending Homer City Code 21.32 Definitions, 21.32.080 Building
Height; HCC 21.50 General Commercial 2 District, 21.50.030 (q) Conditional Uses and Structures, 21.50.050 (b)(3) Dimensional
Requirements; HCC 21.52 Marine Commercial District, HCC 21.52.050 (c) Dimensional Requirements; HCC 21.53 Marine Industrial District,
HCC 21.53.050 (b)(2) Dimensional Requirements; and Deleting HCC 21.60.210 Height Regulations Exceptions (b). Planning. Recommend
introduction and Public Hearing July 14, 2003 and Second Reading on July 28, 2003.
E. Ordinance 03-40, Of the City Council of Homer, Alaska, Authorizing the Transfer of $290,000.00 from the General Fund Fund Balance to
the Health Insurance Fund 600. City Manager. Finance. Fiscal Note: As stated in title and not budgeted. Recommend introduction and Public
Hearing and Second Reading on July 14, 2003.
Placed under Ordinances as Item E.
F. Ordinance 03-41, Of the City Council of Homer, Alaska Authorizing the Transfer of $80,000.00 from the General Fund Fund Balance for
New Accounting Software, Awarding the Contract for Accounting Software to Caselle of Spanish Fork, Utah and Authorizing the City
Manager to Execute the Appropriate Documents. City Manager. Finance. Fiscal Note: From General Fund Fund Balance to Computer Upgrade
Acct. 151.702, not budgeted. Recommend introduction and Public Hearing and Second Reading on July 14, 2003.
Memorandum 03-104, from Finance Director as backup.
G. Resolution 03-86 , Of the Homer City Council Donating Lot 28, Bear Creek Heights, KPB Parcel Number 179-370-30, to Habitat for Humanities Program, Deeming this Transaction Advantageous to the City of Homer for the Promotion of a Healthy Community, Placing a Parcel Back on the Tax Rolls and Authorizing the City Manager to Execute the Transaction. City Manager. Fenske. Fiscal Note: Property value $15,200.00, placed back on property tax rolls for revenue. Recommend Adoption.
H. Resolution 03-87, Of the City Council Amending the City of Homer Fee Schedule, Library Fees, to Amend Library Temporary Cards.
Library Advisory Board. City Clerk. Fiscal Note: Revenue to Library Fund. Recommend adoption.
Memorandum 03-100, from Library Director as backup.
I. Resolution 03-88, Of the City Council Amending the City of Homer Fee Schedule, Port/Harbor Department Fees, Fish Dock, to Amend the
Ice Rate. Port/Harbor. Fiscal Note: Revenue to Port/Harbor Fund. Decrease in ice rate to increase sales. City Manager. Finance. Recommend
adoption.
Memorandum 03-101, from Port/Harbor Director as backup.
J. Resolution 03-89, Of the City Council of the City of Homer, Alaska Authorizing the City Manager to Execute Amendment Six to Lease
2443, with the Alaska Department of Public Safety for Office Space at the Homer Police Department for 2003/2004 in the Amount of $723.24
per Month and to Execute the 2003/2004 Special Services Contract in the Amount of $18,125.00 per Quarter with the Alaska Department of
Public Safety. City Manager. HPD. Fiscal Note: Budgeted Revenues from Lease is Acct. 100.4650.035 and from Contract is Acct.
100.4505.030. Recommend adoption.
Memorandum 03-105 from Chief of Police as backup.
K. Memorandum 03-102, from City Clerk, requested by Councilmember Fenske, Re: Travel Authorization for AML Summer Session. Fiscal
Note: Budgeted Travel Accts 100.5236.100 and 100.5236.110 and Budgeted Subsistence Accts. 100.5237.100 and 100.5237.110. Recommend
approval.
L. Memorandum 03-103, from Mayor, Re: Mayoral Appointment of Mark Robl to the Beach Policy Committee, and Nominated Planning
Commissioner Foster for the Homer Representative Position on the Borough Planning Commission. Recommend confirmation.
Placed under New Business as Item C.
M.(If added under agenda approval) Resolution 03-91, Of the City Council in Support of Its Communication and Working Relationship. Beck.
Recommend adoption.
Placed under Resolutions as Item C.
FENSKE/KRANICH - MOVED ADOPTION AND OR APPROVAL OF THE CONSENT AGENDA AS READ. (Items A. C. E. L and M.)
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VISITORS
A. Duane Bannock, Director of DMV.
Mr. Bannock confirmed that Homer DMV will be open for at least another year. He apprized the Council of some of the things his office has
been doing to alleviate expenditures. Mr. Bannock lauded the work of the Homer DMV staff.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION REPORTS
Planning Commission Chair Bill Smith reported the following: That the Commission discussed the Council's recent amendment to this
ordinance at length during the 6/18/03 work session and regular meeting. Six members of the public spoke. The Commission recommended a
size cap with a sunset clause to take effect after the standards are in place, and an independent economic impact analysis of large store retail activity.
Findings:
Sunset Clause and Standards
The Commission discussed at length the reasons for supporting a 20,000 square foot size cap, and the possible negative impact of a 40,000
square foot store. A particular area of concern was the carrying capacity of the Homer economy, its infrastructure, and its environment. The
Commission recommends promoting and developing small business, and encouraging development to be in keeping with the natural
environment.
The Council directed the Commission to work on the size cap separately from the standards. At this point, the Commission would like to work
on those standards so that future development in the CBD occurs in a manner that adds to the attractiveness and economic stability of the
community. The Commission recommends that the Council adopt the substitute ordinance with the size caps, and to do so with a sunset clause
of six months or until such time the Commission has a chance to work on the design and impact statement and standards, at which time the cap
would be revisited or re-evaluated. The Commission feels this is reasonable as it is not likely that a new construction project would be starting
this late in the building season.
The Commission also expressed concern over the planning tools currently available. While there is a requirement for new construction over
8,000 square feet in the CBD to acquire a conditional use permit, there are currently few standards for the granting or denial of such a permit.
Tools such as site plan review, better subdivision regulation, lighting, landscaping and architectural review are available on a very minimal level
to the Planning Department and the Commission. The only solid regulations in the City code are for parking and signage. If the large store size
cap remains at 40,000 square feet and a retailer applies for a Conditional Use permit, the City does not have any guidelines at its disposal to
work with the developer to create an attractive facility. Therefore, it is important to get some well thought out standards in place, and to
consider the tools available to the Commission to help guide development in Homer.
Economic Impacts of Large Store Development
The Commission would like to thank Councilman Ladd for the time and effort spent on his economic impact analysis of box store retail activity.
The Commission feels this issue is important enough to warrant an independent economic study to determine what kind of revenue the city
could expect from box retail activity. Economic analysis is a difficult task, and since the decisions of the Council will have such weight in the
community, it makes sense to base any decision from an economic argument on the work of an independent party.
PUBLIC HEARING(S)
A. Ordinance 03-25(S)(A), Amending the Homer Zoning Code to Limit the Size and Dimensions of Buildings Used Primarily For Retail or
Wholesale Business. City Council. Planning Commission..(First Reading 04/28/03, Public Hearings 05/12/03 and 05/27/03, Second Reading
for 06/09/03, postponed on 06/09/03 to 06/23/03 for additional public hearing and for Second Reading and will be postponed if there is
not a full Council.).
Memorandum 03-107, from Planning Commission.
Roger Davis, sixty two years old, commented that he moved to Homer eight years ago and that he has walked every inch of Homer and
identified escape routes in case something goes wrong. Therefore, he said, he knows the area well, how the creeks are treated, and how some of
the property has been treated. He commented that he lives across the street from one of the most successful businesses in Homer, the Homer
Christian Community Church (CCC), and advised that he calls this a business, because Christ himself did in a parable and then he relayed the
parable of the pounds in Luke 19:13. He pointed out that CCC is a business and fits the definition of a store, has the shape of a box, it is large
and has fifty thousand square feet of raw parking lot. Mr. Davis reported that he is starting on his third Sony Television in eight years, because
of the dust volume he gets from that fifty thousand square foot parking lot, adding that he is very tired of it, just that normal flow of traffic is
causing him all kinds of grief. He pointed out that the number one cause of absenteeism in school age children, in America, is respiratory
diseases. He mentioned Ordinance 03-36, prohibition on smoking, interjecting that this is the least of Council's worries of respiratory problems
in Homer. Between the Bypass and Lake Street there are thirty seven businesses that have no paving and all that nice stuff runs back into the
street, gets in the turning lane, everyone drives down it and it looks like a nuclear device went off, dimples the asphalt, eventually forms a pot
hole and costs the City and State money, and on and on it goes. He commented that he has great respect for Christ as a living man in this world
and that He imparted upon the greatest message every told and that he has great respect for the Christian religion and for people across the
street from him, because the Lord said to love thy neighbor, interjecting that this is not practiced in the world very good today. He relayed
having looked up the meaning of the word aesthetic, that he is having this dialog due to reading the paper, that he does not come here nor have
the interchange among community members as he did when he lived in Girdwood for twenty five years. He commented about the area out past
the Mormon Church, wherein someone should have been taught how to clean up after themself. He reported the condition of his back lot when
he moved to his home on Bartlett and that the creek was full of junk that went back seventy years, was like an archaeological dig and he listed
some of the items he found that went back to the fifties. He advised that he gave the appropriate warning to the appropriate people down on the
Bypass that there was a five foot in diameter equipment tire between the two sets of culverts. Mr. Davis informed the Council that he used to be
the road overseer in Girdwood and that he knew that big tire needed to be removed, and that it was during the big flood, caused by the
denuding of the hillside, and a whole lot of things going on that should not have gone on and then the weather changes. Economically, people
are kind of stuck here and there and people unmasked themselves all of a sudden. He queried if the Council thought these people, that came up
from outside, all of a sudden dropped their mask and would start playing fair due to competition. He inquired who these people are now that
the masks are down and that it is not the right way, the wrong way, but is SUM way. Allegiance is owed to, not the flag on the right, it is the
flag on the left and that flag on the left represents the capitalistic society and that government has no business regulating locking someone else
out to protect someone's business interest to the disadvantage of the people who live there. He emphatically stated that this is wrong, but when
he dies and if he has a tombstone he wants the flag on the right on it. He said that it sounds like to him that everyone is in a really bad position,
that he does not envy the Council and that there are a whole lot of things going on in Homer that are not right. He suggested giving a worker
with a pickup truck a nice brisk broom with a square shovel with the direction that every time that worker sees gravel at that intersection that
they stop that truck and get out and sweep it off the pavement to save time, save a life or save whatever. He voiced appreciation for the Council
listening, asked them to not throw rocks at him and that he probably will not come again.
Bruce Turkington commented that, although he has not been attending the Council meetings, he has been sending letters. He advised the
Council that he was asked to drop off a petition, from his brother and sister in law, that contains just under two hundred signatures, with little to
no effort, in support for the current action of the Council not in favor of the twenty thousand square foot cap and in favor of the forty thousand
square foot cap and with the start of developing the standards. He encouraged the Councilmembers to not feel embarrassed about the decisions
they have been making, noting that they all represent different people within the community and that everyone talks to different people in the
community that have different opinions. He stated that the public hearings are very valuable, are only one part of public testimony and all public
input should be weighed equally with in-person testimony. He voiced his opinion that a number of the Councilmembers have finally gone out
into the community and have found that two thirds or three quarters to one are in favor of allowing some kind of development, larger than
twenty thousand square foot with some controlled growth. He suggested setting some standards and to work on that, adding that the
Commission years ago came up with a Planned Unit Development (PUD) Program that is a valuable tool under which people can grow and
expand. He stated that he would like to see the Commission get back on line working on the standards and to start using and refining some of
the tools they already have before them. He encouraged allowing people to submit and forward some development in the community under the
PUD, where everyone has some say and some input, but does not go out and make that statement of the cap at twenty thousand square foot.
Twenty thousand square foot may or may not be the right formula for others in this community who want to come or continue to grow. Mr.
Turkington voiced his opinion that where the Commission failed in this exercise in making a recommendation of the twenty thousand square
foot cap was not going out to the existing businesses who were already exceeding that limit and finding out what kind of impact this would be
to them. He stated that he personally could care less whether any other new business comes to town or not, but does care about continuing to
survive, adding that he has been here fifty two years and wants to continue. He advised the Council that he has a third generation kid working
for them (Spenard Builders Supply(SBS)). He voiced his support of continued opportunity for people to grow and for existing businesses to
grow and not worry about the semantics of how many square foot each building is and that he can tell the Council right now that everyone is all
wrong unless someone goes out and measures the buildings. The foot print of a building is not the size of a building by Ordinance, the square
footage of an office or the storage space that it has overhead. The old Kenai Supply Building, which is now Kachemak Gear Shed, as a
complete floor above the existing retail and is part of the calculation of square footages. The square footage needs to be defined in any future
Ordinance, is it foot print, amount of space for the retail or wholesale or warehousing. He inquired what "near" means whose interprets "near",
and that it affects those who have multiple buildings on one piece of property. He urged the Council to define "near" and to not leave it wide
open to interpretation, not to leave this to some future Council or Commission and to ensure that everyone has a level playing field so that
everyone knows the ground rules going in and how to continue to grow and develop within the guidelines that the City sets. He voiced his
opinion that most of the people in Homer currently here or who come in would be more than happy to comply with whatever standards are set
up as long as the standards are reasonable and ones that would be set for anyone else that would come in. He emphasized that it is very
important that all standards and PUD includes every building within the City of Homer and not just pick on retail/wholesale, including the
schools, ice skating rink, visitor's centers and every building should comply. It is completely wrong to pick on retail and wholesale trade that
wants to come into Homer. He encouraged discussion and work about standards that are good for everyone no matter what kind of
development, adding that he thinks this approach would bring the community back together. He commented that he does not believe anyone
wants to go back to no growth, no control whatsoever, no zoning and does not believe that is what the community is saying. He reported that
the circles he travels in and the people he is hearing say that there can be controlled growth and it does not have to be this twenty thousand
square foot cap, there is not this panic. He reiterated the need to work on the standards and work with the Commissions and Council to make
the standards apply whether PUD or Conditional Use to be compatible for the community. He urged the Council to not be one hundred percent
swayed by what they hear at a public hearing, adding that he was on the Council and other boards and that full testimony requires going out into
the community.
Kim Terpening voiced objection to anything over twenty thousand in the central business district, because she is pretty clear about what is going
to happen. She shared the reason she loves Homer and has stayed her for many, many years is due to the Homer Book Store. She lauded the
efforts of Joy Post, who goes back many years, and that her children, Lee and Sue, are her age and are her friends. She voiced concern that the
Book Store and Ulmers will be gone, even if we pretend that this is not going to happen. She voiced her opinion that pretty soon Homer will
have this faceless, corporate store in the middle of the town, not on the edge, right smack dab in the most beautiful undeveloped lot in town and
that this is not okay with her. She stated that this has really nothing to do with whether businesses are being pushed out or not, which is not
where she is coming from. She emphasized that the reason she is in Homer is due to not being interested in oil development and that she was
interested in a tourist and artistic community. She pointed out that she can drive to that town and do those things and shop a Fred Meyers and
that sort of thing and that she does not mind doing that from time to time. She informed the Council that primarily she likes Homer because of
the way it is now. She, being in the tourist business, shared comments from tourists that have said that it is nice coming to this town that has no
Taco Bells, no Gap, no Strip Malls and discount centers and just has a really nice flavor. She voiced her fear that if Homer allows this to occur
it will change the flavor of the town forever and everyone will look back and wonder what they were thinking.
Toby Tyler commented about being around and had some of the City Councilmembers in class in the past, back in the fifties. He stated that he
has been very happy with the progress made by the special task force on size limitation, so he has not bothered to attend any of the previous
Council meetings. However, he noted, it suddenly seems as if there is something fishy taking place here and that he has not been happy with the
behind the scenes working of CIRI and that he does not think that it is quite legitimate for the representative of the Box Store to be making
remarks at Council meetings and, in particular, bending the ears of Councilmembers as suddenly seems rather obvious. He suggested that no
one seems to know just when Fred Meyer began to dicker with CIRI, but whenever it was it got suspected enough to lead to the gauze of what
was hoped would be the site for the new Library near the Town Square Center. He testified that he does not have any major conflict over CIRI
cutting down their mature trees, most of which had been killed by beetles, in order to salvage the pulp. Although, he shared his opinion, that he
thinks they went a bit far to take out areas of young green trees. He reported that up until fairly recently the Land Trust was working with CIRI
on planning for the Town Square Project and wondered when they stopped . Although, Fred Meyer has become quite vocal locally, he relayed
hearing nothing from them on, for instance, the college students plan for a two story building with parking on the north for one level and on the
south for the lower level, or any of the other suggestions, which would be sensible consideration on that sloping property. He remarked that it
does not strike him that they are in any way trying to adapt their plans and intentions to Homer's needs. He wondered what else he could say,
reporting that he is already totally boycotting one of the two or three main market sources and feels no need for another to avoid. He
commented that there is a small area of, he presumes, CIRI property on the north side of the Bypass where there is a little hill cut in half by the
highway, forming a cliff down to the side walk. He declared that it would be a real shame to try to level this land for any sort of development,
that it should be considered for a park and already has a nice stand of young new Spruce and nice view to the mountains. He reminded the
Council of discussions last fall about getting people across the Bypass and that nothing has been done. He suggested that little hill could be used
to start an overpass to the refuge center, interjecting that he thinks an underpass is better. He told the Council that none of their ovals or circles
or stop signs gets the bicyclists or pedestrians, young and old, across the Bypass. He exclaimed that the Bypass is impossible to cross, that he is
constantly watching people run across the Bypass to get through the traffic and that something needs to be done about that, but what he does
not know.
Fred Pfeil thanked the Council for the opportunity to speak to them this evening. He voiced his desire to apprize those Councilmembers who do
not know him, interjecting that if his mom taught him anything it was right from wrong and good from bad, that although he protested the clear
cutting of trees in the town's core it does not mean that he is an unpatriotic, tree hugging extremist. He informed the Council that he along with
the majority of the Planning Commissioners are in the building business and that they depend on development for their livelihoods. He voiced
his support for responsible development, that the size cap issue isn't so much about whether or not there are large national corporations in the
heart of town, but about development that is more in harmony with the small town character and the unique natural environment of Homer.
Those are the reasons most people come to Homer and what attracts new business, residents and tourists. He encouraged the Council to please
consider this before what is here is destroyed, before giving into corporate profits and greed and before Homer ultimately bears the economic
havoc that will surely follow. He emphasized that a size cap along with building standards is a responsible approach, with the key word being
responsible. He asked permission to add a couple of short postscripts: To Mr. Fenske, that the future of Homer shouldn't hinge on the potential
hardship on one private property owner. For Mr. Stark, do you really believe Fred Meyers when they say that they'll only sell groceries. Can
you hold them to that? You keep saying that forty thousand square feet is small compared to most box stores. Get real this is Homer not
Boston. To Rick Ladd, in this case a slower approach is a responsible approach. He thanked the Council.
Melody Chesley noted that she is a resident, since eight years old, who grew up in Homer, graduated from Homer High School, lives with her family here and that she and her husband both work in Homer. She remarked concerning the changes in Homer over the years. She commented on some of the letters in the newspaper from long time Homer residents indicating their opinions that Homer is already ruined and changed beyond repair. She acknowledged that change is inevitable, but not always bad and that she would not want Homer to always stay the same. She voiced desire for some vision and local control as to where that change can take Homer. She stressed the must for envisioning of a goal for what the community wants for Homer. Much work has already been done in that direction by local organizations, businesses and individuals and cited the Town Square Project and the Chamber of Commerce work with the University of Washington students. She noted that some organizations, businesses and individuals have already take concrete steps to show they care and in trying to make their vision of a better Homer into a reality by compliance with the sign ordinance, improvements, leave trees or provide landscaping and contribute generously to the community. Those organizations who work hard to assist those who have needs, provide activities for Homer kids and bring the arts and more are working toward a vision for a better Homer. There are those individuals, many in this room, who care about their community and what it could become passionately enough that they volunteer many hours of their time to make Homer into a community they want it to be. Those who have testified, the past few months, at the public hearings are relaying their vision for Homer, which does not include large retail box stores. She noted that the Council is charged with the large task and responsibility of listening to all these visions and dialoging with businesses, organizations and individuals who care about where our community is headed and that ultimately with the very important and very difficult task of providing the structure of the laws for Homer to become the best little community it can become. The current ordinance is one step in that process, however, one which could have a huge impact in Homer, both aesthetically and economically. She queried if the aesthetic vision for Homer's Central Business District is consistent with forty thousand square foot retail stores, large areas of paving parking lots and the fast food restaurants and gas stations that often accompany these businesses? Do large non locally owned businesses really provide the long term economic stability that Homer wants in it's community? She shared her personal vision for Homer, her home and the community she loves:
That it become as special and unique as the surrounding natural setting.
A pedestrian friendly down town filled with unique and special locally owned shops, galleries and restaurants; trails, green spaces, parks and trees; and signs and buildings that don't block the view and that invite people inside.
A community that is safe and a good place for children to play, where young adults can occupy themselves constructively, where the arts are available to everyone.
Economic stability based on a sustainable and diverse income base.
Where people can listen to each other and can dialog about differences and find solutions. Where everyone wins.
She asserted that the task Council is asked to do is so important to Homer's future and asked them to slow down and take their time. She
testified in favor of the twenty thousand square foot cap on retail and wholesale buildings and in other architectural, landscaping, parking and
lighting standards believed to be in the works. She asked the Council to engage in dialog until they can reach a creative decision that everyone
on the Council can live with. She told the Council that as Homer's community leaders they can be role models for the community on how to
work through difficult decisions by listening, dialoging and looking for win/win solutions.
Kenton Bloom, resident and licensed surveyor, stated that he is really going to try to talk 'new', adding that he has been working on this and that
he thinks the first thing is to validate, across the board, that pretty much everyone is trying to make the best town they possibly can. He voiced
his desire to accomplish that by looking for partners, as opposed to polarization, as a way to solve the question in front of everyone. He
commented on Ms. Beck's proposal for a Town Center Group to start working more effectively or more focused. Looking at the conceptual
plans, produced by the University of Washington Graduate Students, that were placed around the room in here, one starts to see, basically,
some more focused ideas on what a town can look like, which for many people was a real water shed in terms of seeing something outside of
their imagination. The pictures depict a variety of ways of looking at all kinds of things; pedestrian access, size of stores and everything in
between. He reported talking with an urban planner and architect, a landscape architect and all of those facets that really involve this work, and
that they all say the same thing, that basically the step Homer is at right now is the strategic plan for this town. He voiced his opinion that Mr.
Turkington hit the nail on the head, that it involves much more than the size of retail, wholesale goods and selling buildings. He cautioned
getting bogged down in the dialog of what square foot is the right one, which is basically a dialog of polarization and that he is against that
dialog. He expressed his feeling that it is time for all to find a better way to communicate and that it is going to be by being partners with each
other, by finding out what works. The way to find out what works is by strategic planning, which requires a facilitator, not from this community
and someone who works in this field and knows how to make this happen. It will require a public process. He shared information he has
obtained from people who are doing this at an international level, that it takes about three months, adding that "we" can do this. He commented
on reading a story in the Anchorage paper about Palmer's new proposed Fred Meyers where they have no rules and that they have no way tell
them how to construct their store and to what size. He emphasized that there is a pretty clear message of the other alternative. He stated that
the last thing that he really wants to bring up is that a lot of what he thinks he hears people fishing for is the difference between a town that has
no sense of a center and a town that just seems like it has a road go through it, where there is no way to really get a grip on the place. People
seem to want a place to meet, to walk, to gather, a place that is safe for children and that these things are heard again and again and again. Mr.
Bloom offered his understanding of the way this is addressed is that it is about integration. If Homer tries to push away what it does not want so
Homer does not have to see it, what happens is the creation of a homogenized area. He cited the example of California where they pushed the
box stores out of town and created perfect town centers, gentrifying their towns, created a total lack of diversity and made dead urban areas
with the absolute best intentions. Strategic planning is the way to get through this with the best information, the most public involvement and
ultimately the way this can be a partnership with the whole community.
Tanya Norbell, ORCA Specialties Plumbing and Heating, commented that she must be the only business owner that has not been approached
for her opinion on what is going on in Homer, that she is here, not that anybody really cares. She commented on living in the lower forty eight,
or America. She voiced her belief that all are fairly well educated and that when they moved here they knew that there was not a Fred Meyers or
Sears or Neman Marcus or any of those other big stores and that is why they moved here, because it is a small community, they love the small
community life, and are owners of a family business that has been here since 1984. She noted that they closed their store this year due to falling
sales over the past five years. She relayed customer comments, that she agreed with, about their higher than Anchorage prices, sometimes thirty
percent higher. She suggested that if we don't get an handle on what is happening in this town with outside businesses and the size of them and
that sort of thing, they will not be the only store that closes. She commented on the interview by the paper with Fred Meyer who said that they
are only going to sell groceries and maybe a few things that people can't get in Homer, such as plumbing. She noted that there are plumbing
supplies at five different places in Homer. She said that she hates to see Homer lose what it has by not thinking about what happens to the local
economy when a large corporate store comes in. She commented on the existing competition with Anchorage stores. It is not a matter of the
local businesses wanting to rip off the local consumer, it is a matter of the local business wanting to be able to have someone build their house
instead of having to live in a shack while building due to not being able to afford to have someone else build it for them. She emphasized that
this is, by the way, the local business owner paying a local person to build their house, which keeps the money locally. It is a matter of wanting
to afford medical insurance so when one's husband gets cancer one can afford treatment to save his life and not lose everything they own. It is a
matter of being able to buy the equipment needed to perform the work, their service they want to provide to the community. She stated that
they do not charge higher prices, because they are trying to get rich, that they don't live in half million dollar houses on the hill, and that they
drive work trucks because they cannot afford a personal vehicle. It is not a matter of not wanting to be competitive with the community. It is a
matter of having to charge what is needed to remain here. If a large store, it does not matter who, comes in here they are going to put small
businesses out of business and pretty soon the small businesses will all be out of business. Ten years later when the large business finds out four
thousand people at the end of the road in Alaska just are not profitable enough, they will close their doors and Homer will be back with a big
ugly building with nothing in it. She informed the Council that she will not race out to open a new store to support the people that turned their
backs on them all of the years they were struggling to try to be of service to the community, adding that she can't believe that anybody else that
has to close their doors to that is going to rush right out and be there to start back up either. She voiced her opinion that there is great free
enterprise here in Homer. Are there things that Homer needs, services and items that Homer does not have? Certainly, but those pieces can be
filled without having to do it with one large outfit that Homer becomes dependent on, so that when they leave there is nothing left. She
cautioned the Council and expressed appreciation for them doing a good job. She reiterated that this is something that cannot be resolved in a
speedy fashion, it has to be thought about and mulled over and just time taken to see how people really feel out there. She remarked about the
fifty six percent of the people in Homer that wanted to have a big box store, however, the people she knows, and she knows quite a few, not
one of them said that they wanted a box store. Ms. Norbell pointed out that they have been in business here over twenty years and nobody
asked them how they felt.
Dave Raskin, Kachemak City resident, advised the Council that his property is right next to Homer City Limits, which touches his property. He
thanked the Council for the opportunity to speak to them and that he disagrees somewhat with the bumper sticker that describes Homer as a
quaint drinking village with a fishing problem. He suggested that Homer is more of a quaint drinking village with a vision problem, which,
although not sure, it may be from the drinking. He voiced disagreement with some of his friends that say they'd like to keep Homer the way it is.
He commented that when they bought their property twenty eight years ago Homer was quite a different place. He observed that now when he
looks around, having lived in many other parts of the United States, he sees an awful lot of new ugliness, a lot of things that need attention, a
lot of things that have happened due to the lack of planning and foresight and vision, a lot of things that need to be improved. Having huge
stores in the center of town is not an improvement, as any community that has engaged in planning can show. There are many cities around the
United States that have resisted that temptation, maintained the flavor of what they want for their town and made it a place that people are
proud of and happy to live in. Unfortunately, Homer has not achieved that, and is a community in search of a town. Homer has beautiful,
natural amenities and that is what brings most here. Homer is a bunch of pockets of pleasure and a bunch of pockets of eye sores, adding that he
looks at these from his home all the time. He addressed the proposed Ordinance and the amendments offered to make the cap forty thousand
square feet instead of twenty thousand square feet, that he has a vision of a store twice the size of Save-U-More on Pioneer Avenue.
Save-U-More is twenty one thousand square feet, forty thousand square feet would essentially double that and approximately a foot ball field
long by a half of a foot ball field in its foot print together with the attendant parking and other things. He remarked that this would be a very,
very large step backward and would not be the Homer most came to live in and that most would like to see. He responded to the comments
about taking time to look at this carefully and the need for a process, what they think this process has been for all these many, many months
with the Planning Commission and people doing a lot of serious work and gathering data. This process brought forward a very detailed and
formal proposal. A process that has brought people out to speak about it. It is not a process that has involved bringing in special information
from people who are not here to speak, that brings out special numbers that are not accurate, special interests that do not represent the Homer
citizenry. The citizens of Homer have come to these hearings repeatedly, to Planning Commission and Council meetings and are here tonight.
He told the Council that as elected officials it is incumbent upon them to listen, to hear what these people have to say. He stated that anyone can
produce numbers out of the hat, anybody can ask their friends to sign a petition by just putting their name on it, who are not people who have
given thought to this process or who care enough to come here and speak to the Council as the decision makers that have this responsibility. He
urged the Council to set aside this questionable information, these special interests, these special numbers and to look at the process they have
had and to honor it, since these are the people who have been appointed to do this work, to work hard and to hear the public, which has been
done. He pointed out that the Council knows what the public wants and that is a better town, a town that would be attractive and well planned
and would meet the desires of the people who have vision, that does not include stores of forty thousand square foot with attendant parking lots
in the Central Business District. He thanked the Council.
Jenny Coyle, from Homer and present with four toddlers, commented that she thought she had heard hours and hours and hours of testimony
supporting the twenty thousand square foot cap and that she thought she did not need to go and bring her kids because others were testifying
for her. She advised that she came to the conclusion that she needed to get out and voice her opinion. She voiced support of the Planning
Commission recommendation for a twenty thousand square foot cap and urged the Council to do the same. She advised the Council that she
was at the taping of NPR's Savvy Traveler tonight, that NPR has done a live show only three times in the history of this show, at least six years.
She emphasized that NPR chose Homer as one of their sites out of the thousands and thousands cities and towns across this country. She
commented that Savvy Traveler is National show for travelers and that NPR chose Homer because it is such a unique town in a stunningly
beautiful place and said that over and over in that show, just in the forty five minutes that she was there. She noted that they recognized and
appreciate Homer's lure and character. She stated that she wants the Council to look long term and to please work with the Planning
Commission to preserve Homer's character. She reported that on the East Coast they have figured out that there are towns to shop in and that
there are towns to live in, and that she wants Homer to be a town to live in. She thanked the Council.
Charlie Gibson, has lived in Homer or just outside of it for twenty eight years, voiced his hope that the Council can find it in their wisdom to
support the work of the Planning Commission and also that he would like to echo Kenton Bloom's words and say this is an important time, slow
down and finds way to talk and work together. He disputed the talk about the economic aspects that suggests jobs are needed for kids and such
and that, with the advent of big box stores, would help and that others have been more eloquent on that regard then he could ever be. He voiced
his belief that the facts rest heavily on the side of that being a fallacy. He emphasized that most important, to him, tonight, is that, as others, he
feels betrayed and let down. He shared the desire for the kids to stay in the community. He voiced concern that, unfortunately, the kids are
learning a lot about democracy these days and many are becoming disillusioned with the form democracy has taken here and it feels like there is
a pretty obvious blatant disregard for the will of the people. He encouraged the Council to do what is best for the whole and thanked the
Council for the opportunity.
Eric Knudtson voiced his support for the twenty thousand square foot cap limit and that he really appreciates the Council's work on articulating
a vision for Homer as inspired by the Chamber of Commerce and the student's work. He testified to the importance of implementing the smaller
cap limit and go ahead with the Planning Commission looking at other ways to structure the concerns about design and other ways of
controlling. He stated that he too was a little bit disappointed, that this is the first time that he has come to testify on this issue, that he thought
he was hearing the sentiments of the people favoring the Planning Commission's work and was surprised when it went a different direction. He
shared his vision that coincides with the Planning Commission's cap limits and encouraged continued work. He thanked the Council
Peggy Ellen Kleinleder urged the Council to go with the recommendations of the Planning Commission for the size cap and working on the
guidelines. She stated that she just wanted to echo Melody Chesley's ideas and what so many have spoken about, to keep shaping and
controlling the local economy.
Carol Charot commented that, at first, she did not understand the importance of the twenty thousand square foot cap limit and then it occurred
to her, when she was listening on the radio to the Planning Commission members and report of the findings, that she did not understand because
the Fred Meyer stores that she has been to are much larger than the twenty thousand square foot limit. She stated that she now, definitely
supports the twenty thousand square foot size cap limit. She advised that she still believes, really strongly, that any thing larger will detract from
the attractiveness of Homer and that she has the same kind of important vision for Homer as a previous, well articulated speaker. She
commented that the reasons she has heard for having a forty thousand square foot limit are not convincing reasons. She voiced appreciation for
what she has heard from the Planning Commission on the twenty thousand square foot limit and that this was well thought out with a lot of
work. She apprized the Council of her disappointment with that was discounted and encouraged the Council to please pay attention to this most
objective information, interjecting that the Fred Meyer information was biased. She thanked the Council.
Rick Foster, Kachemak City Resident and on the Homer Planning Commission, reiterated his disappointment of two weeks ago, not so much on
the decision that was made, but how quickly it was made and not having read and looked at some of the work that was done. He expressed his
opinion that the twenty thousand square foot cap and building designs are important tools. He emphasized that all the buildings need to be
looked at for a potential threshold, carrying capacity and limits of acceptable change that would suffice for this community. Looking at
quantitative numbers to begin the strategic plan. There are four areas that need to be taken into account and that the planning needs to begin
with this analysis: Environmental - there are quantitative ways of measuring a threshold. Scenic - a little more esoteric and there are quantitative
ways of measuring scenic quality. Infrastructure of the community - has to do with the storm drains, the sewer, the water, the police, the traffic.
Economic. He asserted that there are ways of measuring and ways of making analysis of the impact that each and every new building would
have on this community. Then Council could make their decisions following that analysis. So, perhaps a twenty thousand, or even a thirty
thousand or forty thousand square foot building would be acceptable in the Central Business District at this time, but maybe not two, or three
or four. He voiced concern with putting a blanket number and just allowing it to happen, which would be a mistake. He urged the Council to
stop and do a thorough analysis and thanked the Council.
Al Waddel, Store on the corner of Lake Street and the Sterling Highway, commented that it was hard to follow Rick Foster with his eloquent
ways of expressing himself, apparently with a lot of good education. Mr. Waddell commented that he believes that Mr. Foster, unfortunately,
does not speak for this community. Mr. Waddell advised that he would like to make a situation that says that the Council, from this point on via
Ordinance, appoints members to the Planning and Zoning Commission. He emphasized that Council is the law making body of this City and that
the Mayor has appointed everyone to that Commission.
Mayor Cushing interjected the word, 'nominated'.
Mr. Waddell voiced his opinion that a forty thousand or forty five thousand square foot building would not hurt the community, at all, that he
sees a situation that is called "Free Enterprise", be it Fred Meyer or Scott Ulmer. He commented about the possibility, at one time, of having
Scott Ulmer on his property with a thirty eight thousand square foot building and that nobody winced over that, a local boy making good. He
apprized the Council of his problem with keeping Fred Meyer out, that he still has six acres to develop. If it involves him having to sell some of
his property in order to get it developed, he is quite sure they will be testing to see how good these Ordinances are in a court. He shared his
concerns about the Lake Street/Sterling Highway Intersection, reported that two little kids on bikes almost got smashed trying to cross there.
He urged the Council to please tell the state to hang up the lights. He assured the Council that the first kid that gets killed, gets maimed at that
intersection and if "they" want to bring suit against the City, he will join in. He emphasized that the Council has been warned that this is a
terrible situation. He acknowledged comments about a cost, that Mr. Fenske indicated that it was two hundred thousand dollars. Mr. Waddell
questioned where that dollar figure came from since all that is needed is the lights and box that operates the lights, since everything else is
already there. He queried the Mayor, if that is the state's road and the state's intersection then why should the City have to cough up any money
for that situation, at all.
Mayor Cushing suggested asking the state.
Mr. Waddell asked if that is the request of the state, that the City pay to operate those lights?
Mayor Cushing answered, "last time."
Whitney Cushing, a local student, commented that one of the things that he does when he comes across maps is to look at Alaska to see what
towns are shown. Almost always Homer is on the map, which is pretty special. Not Kenai. Not Soldotna. Not those with big Fred Meyers and
Walmarts, which reflects the type of town. He relayed, to exemplify his previous statement, that he was recently on a bus in the San Francisco
Bay area and some people inquired as to where he was from and where his friend was from. He responded that they were from Homer and
nearly the entire bus was excited, because they had either been to Homer or heard legends about Homer, which is also pretty special and not
something we should give up. He voiced assurance that the Council has realized that he is part of the youth population and that he would love
to be able to say that he speaks for every single student in the area in support of the twenty thousand foot cap, but it is obviously not true and
that not all youth care. Whether youth realize it or not, Homer is a special place and maybe twenty five years from now they are going to have
this nostalgic idea of Homer of what there was of the small town they grew up in and when they come back they are going to want it that way.
He asked if the Council wants the youth of Homer to return? He answered for them, that of course they do. He told the Council that they
should preserve the special things that Homer has, adding that every youth is going to portray that there is nothing to do in Homer and that they
are bored. He noted that youth any where will say that, but eventually will realize the uniqueness of this area. He urged the City Council to be
daring in the preservation of the character of this town and to work in other ways to enhance the character of the town and to keep Homer on
the map. He concluded by saying, humorously, that he is going to go steal the Mayor's car. (1)
Sharon Whytal commented that she did not want to come this evening, but wanted to add her comments to the list of those who are
disappointed at the last vote and to not repeat what she has said before. She voiced continued support for the size cap and that what has
changed for her is the recognition that there are a lot more issues involved. She apprized the Council that what has stood out to her most is
looking at the vision of Homer and seeing that there are a lot more considerations than size. She shared asking herself what it is that bothers her
about big box stores besides the aesthetics and besides not believing that corporations are as good of neighbors as they say they can be. She
relayed reading recently about the living wage movement. She commented about taking the time to make a lot more kinds of decisions about
how to plan the future of Homer, with some enforcement. She interjected that it could be that all have to make some sacrifices. She apprized
the Council that the living wage movement would say that this planning can be done by considering the needs of small business and the needs of
all of the citizens by looking at, if any business wants to come to town, what kind of contribution do they make, how many jobs are created and
at what level, how many managers are brought in that are getting high salaries, while the local people are hired for seven dollars an hour. She
informed the Council that she works as a nurse in the community and that she has observed that young families can't support their kids on seven
dollars an hour. She suggested regulations that stipulate if a business is created with more than one hundred jobs then there has to be health
insurance, as a basic and that some basic minimum wage that might be higher than the federal standard. She reported that there are more than
one hundred communities that have already done this and there is a lot of data being collected. She noted that this is one of the tools that she
did not hear the students mention and that they did mention a lot of tools, because Fred Meyer is breathing down Homer's back. She said she
did not know what would come if all of those things were considered and encouraged the Council to slow down.
Jennifer Edwards commented that she lives outside of the City limits and that the audio in the back of the Council Chambers is poor. She
thanked the Council for continuing to take public comment about this very important and weighty issue. She noted the amount of previous
testimony and that people have said, more eloquently that she can, the reasons for slowing down or continuing with the process for putting into
place design and impact standards and limiting the size of retail and wholesale businesses in the central business district. She asked the Council
to support their Planning Commission, to listen to their latest substitute Ordinance for a sunset clause, to put a limit on building, get the other
standards into place, or as was brought up in the earlier meeting tonight put a moratorium on building until those standards can be put into
place. She voiced concurrence with Kenton Bloom's idea about trying to bring the community together on this and that it may take some
outside expertise to facilitate that and to make it happen. She voiced her opinion that there is a lot of good talent and resources here in town
and that the community does need to come together on this, because it is a critical turning point, critical decision for the community. She
commented, as others have said, lots of Homer people are relative new comers. She advised the Council that she has only been here ten years,
moved to Homer knowing it was a small town, with small businesses, chooses to live here and pay those prices and makes the occasional trip up
the road. She emphasized that if people's retail needs are not being met they have the option to drive up the road or relocate.
Denis Novak stated that he heard the comment about Savvy Traveler and that he went there and that it was a great production, it was terrific,
that it sure made him feel good about Homer, that he does feel good about Homer and wants to continue to feel good about Homer. He advised
that he is here, because he is not feeling so good right now with the incomplete Ordinance that does not have any way to do some of the things
that the students of the University of Washington mentioned as good ideas for this town, as ways to control and have some handle, not
necessarily limit, and to create this town in an image that the citizens want and can be proud of. He relayed some of the information that the
University Students gave out on other communities that people visit, because they have such unique qualities and some of the tools used to
create the unique qualities; design guidelines, zoning, architectural standards, design review, overlay districts. He suggested that this all go back
to the Planning Commission and ask for a complete package so there is something to vote on that creates the desired vision in Homer and
enforcement that is on the books, before it is late. He further suggested a moratorium for six months and go back to creating the total package
and maybe really have the vision become a reality. He stressed that square footage is only part of the picture, that he agrees with some past
speakers that it is not just retail and wholesale that its everything, and the community as a whole. He asserted that the whole community cares
about this and is the whole community that should be responding to this spirit. He remarked that there are some blatant examples of things that
have happened in the last year that go way against the grain of what the people would like to see in this community and that there is no way to
tell them how to develop what they did. He commented on a statement on posters, on the wall, used twice by the University Students, must be a
reason for that, that says, "Use design guidelines and review process to limit undesired growth and maintain local scale and character." He
thanked the Council.
Lindsay Winkler, East Ender, commented that this is the first time ever testifying at a public meeting of the City Council, that she is pretty,
overly emotionally excited, that she considers herself a professional, but that she might lose that right now. She reported that she just sat with
fifteen researchers from the lower forty eight discussing wetlands research in the area and that not everything is known about these wetlands in
this area. She encouraged the Council to step back get some outside expertise and get their ideas on what can be done to develop this area and
to develop a research plan to have the best information to make decisions. She noted that Homer is at a critical point and has the chance and
opportunity to take some immediate steps, put the twenty thousand square foot cap on for the next six months, provide time to look at options
and see which are best. She maintained that a square footage cap is not enough and more options are needed. She contended that Homer people
are comprehensive people, not straight minded and not that simple, that Homer people are complex and from different areas and beliefs and this
needs to be respected. She suggested that the Council, please, make a decision and put the twenty thousand foot cap on, since this is something
that all can support right now and that this is not going to stop building or anything else. She encourage the Council, to make a common sense
decision right now that everyone can deal with, to take some time and examine all of the options, and come back to the table when everyone
knows what is really going on as opposed to going fool-hardy at it. She thanked the Council.
Sue Post read a letter from Pam Brandt, who is not able to attend. In the letter, as read, Mrs. Brandt states the following:
Has lived in Homer for twenty eight years and currently lives outside the City limits.
Owns a business as well as property within the City limits.
Appreciates Council's work on behalf of the citizens of Homer. The fact that Council volunteers a great deal of time to further the best interest of the community is critical to the integrity of the community.
She served on the Council's Task Force to help formulate design standards for new commercial buildings with an emphasis on determining a maximum allowable square footage for retail or wholesale development, hence Ordinance 03-25.
The Task Force met once a week for many weeks, each meeting was three to four hours long. One Councilmember and five Homer Advisory Planning Commission members took part in these meetings. There was a great deal of hard work and study that occurred.
Volunteer commitment is unpaid time away from family and other obligations.
The Homer Advisory Planning Commission, as directed by the Council, adopted findings of fact, which recommend a size cap at twenty thousand square feet for retail buildings within the Central Business District. These findings were a lay down at the June 9th, 2003 Council meeting, making any action taken by the Council at that meeting premature and lacking adequate consideration.
Voting on a forty thousand square foot cap and conditional use permit process for larger buildings in the Central Business District is an extreme departure from the Homer Advisory Planning Commission's recommendation.
Council's action makes a loud statement to the Planning Commission and Task Force that their work is inconsequential.
Council's action is a betrayal of public trust in the governmental process and creates an environment wherein no one is willing to serve on the Planning Commission or the various committees.
Council makes a mockery of the public process by disregarding the testimony of the majority who testified in favor of the twenty thousand square foot cap in the Central Business District.
This type of action breeds apathy, whereby no one ever wants to vote, testify at public hearings or otherwise participate in the public process.
Urged the Council to reconsider and vote in favor of Planning Commission's current recommendation, twenty thousand square feet in the
Central Business District with a six month sunset clause to allow the Planning Commission to complete their assigned task, development of
design standards.
Don McNamara voiced concern that the Council might not be paying attention and asked what they had heard tonight. He relayed that he has
heard quite a few people saying to slow down. He said that he is in favor of the sunset clause, encouraged the Council to cool out, step back
and let the Planning Commission do their job and get some standards for design and building. He acknowledged that the City center is very
important to all, that the concert on the lawn is held there and some green space is needed in down town Homer. He asked the Council if they
are listening. He commented on the Amusement Ride, that usually goes to Kodiak, being in Homer and had some room in Mr. Waddell's
parking lot to set up for a change, adding that if there were a town center that could be someplace for concerts, the fair and that this is all good
stuff. He remarked that it will be a funny thing, in times to come, when the Bypass area is called Old Town. He voiced his opinion that this task
if too big for the Council and it should be put to a vote of the people once all the information is gathered, to let the people of Homer decide
how they want their town to look. He agreed that this is a big job, but some of the owners of property have said that their values would go
down if they cannot sell to a big store, that this does not make sense to him. He asked if the Council is listening and thanked them for their time.
Bill Baechler commented on first coming through here as a teenager about thirty three years ago on his way to Kodiak and loved Homer then,
took him awhile to get back here, and that he and his wife have raised three daughters here. He shared with the Council that his oldest daughter
is in college and when she comes back her comments are about how she appreciates this town for what it is, for its small size and its quaintness.
He acknowledged that there will be inevitable growth, but, without repeating what everybody has said, he has been one that has watched the
growth over a short amount of years and has never said anything one way or another. He recounted liking some things and not liking some, but
could not sit back any longer without giving his opinion. He reenforced these ideas to have a green area in Homer. He stated that he is not well
read on the Planning Commission's recommendation, therefore, does not feel he can speak intelligently about it. However, with what he has
heard tonight, he suggested that if the twenty thousand square foot cap is the initial beginning to this it would be smart, with a sunset clause and
to slow down and try to keep Homer, to some degree, what is here right now. Once Homer is changed it cannot come back to as nice as it is.
Steve Gibson reported that one of the University of Washington presenters commented to him that it was important to first make a cap and then
set standards. He asserted that some of the actions of the Council, indicating that with or without a cap there can still be a bad building, even
with small square footage, is just putting off the question. He noted the importance of thinking about what the Central Business District should
be like. The question is not whether or not Fred Meyer or Walmart or Homer Depot should be here within the forty thousand square foot cap,
but where they should be located. Maybe there is a majority of the Council that feels that these businesses should be in the Central Business
District, that they should be in the town square. He cautioned that majority of the Council to recognize that not only is that not the will of the
testimony, there is a good chance that does not reflect the will of the town. He apprized the Council that at the meetings two weeks ago two
important things happened to him, the presentation of the Planning Commission recommendations and the subsequent four to two presentation
of a substitute resolution and the other was a mention by a Council person that what is it with this youth not voting any more and the irony in
that was so great that he hoped it did not go unnoticed by the Council as well. Mr. Gibbons commented that it seems like a direct refutation of
the overwhelming preponderance of the testimony received, Planning Commission testimony and Task Force recommendations. He told the
Council that they have asked many things of the Planning Commission and within a very short term of time have not responded to those
recommendations and that Council's recommendations are not justified by anything more than saying that you've never been in favor of it in the
first place and aren't now. He remonstratively urged the Council to fill, at least, the same order of request they have asked the Planning
Commission and also to respond to the preponderance of testimony from town. He granted that the majority is not always right, but in this case
it has been a pretty strong slap in the face to many of them. He quickly commented about Ashland, Oregon, where his sister lives, which is one
of those towns that has a cap in the Central Business District. Continuing about Ashland, he noted that it retains a very characteristic flavor in
the town that is desirable, by all accounts, tourists and residents alike, but tolerates smaller box stores on the perimeter, in selected areas, and
that works amicably. In Ashland the property values are almost double that of Jacksonville, Medford or Central Point in, terms of the revenue
generated by the City, because it is a desirable place to live and to be, and he encouraged the Council to not overlook those factors just from a
pure economic point of view. He reiterated the fist part of this testimony. He told the Council he would see them again in a couple of weeks.
Nancy Hillstrand, thanked God for the radio, having just got off of work. She commented that she worked on the Comprehensive Plan and
knows that one of the main things they were working on was to make sure something like this did to happen too quickly. She emphasized the
importance of having planning and that is what was discussed over and over and over again at the meetings. She reported that another thing that
was discussed were box stores, architecture and just so many different things that the doors are being opened to here a little bit too quickly.
She pleaded with the Council to take time before opening the door and going over the threshold for which there is no return. She noted that
there are many people in town that have businesses that they have put their heart and soul into creating this town, a big store will put them out
of business and they are deserving of the time being spent to think this out and make sure this is the right thing. She noted, as example, that
Proctor's went out of business when Eagle came, perhaps not the whole reason, adding that she saw the same thing happen in Kodiak. She
emphasized that there is more at stake then money. Homer has something that no one else has, and it is an absolutely awesome place. She
thanked the Council very kindly, asked them to slow down, really listen to the people, take it easy and all will move forward and together on
planning this town so all can see the future together.
Jim Levine commented on a few items that he has heard the last couple of weeks, that he has been kind of following this issue a little bit. He
told the Council that he knows everyone on the Planning Commission and that he respects them quite a bit. He expressed his shock at how the
Commission's report was seemingly, dismissed out of hand and that it seems that their report should be reviewed thoroughly before any
decisions are made. He related, rather anecdotally, his experience while traveling through Colorado, several years ago, for work and vacation,
that he went to see Boulder, having visited there twenty five years earlier. He communicated his inability to find Boulder that it was sort of one
Target Store after another and that he did not stop, except at traffic lights. He reported going on to a place called Estes Parks and that it was
beautiful with benches next to the creek running through the town, sidewalks, off street parking and that he spent thousands of dollars there. He
encouraged the Council to consider what people are looking for when they come to Homer. He thanked the Council.
Tami Houston, twenty four year resident this June, remarked that when she was nineteen years old she was looking for a place to live, grow up
and have a life. She noted that she came to Homer, and soon, thereafter, became a single mother, lived in a cabin with a wood stove and that it
was hard. She emphasized that she stayed here, because this is where she wanted to raise her children. She advised that over the years she had
to get creative with her education, had to travel, but still stayed here even though she knew she could make more money elsewhere. She
reiterated that she wants to be here, that she has raised four children here, and is third generation already. She said she thinks that there are
enough grocery stores, that she feels like Homer is being treated like pawns in a game and that she does not think, in the winter, Homer can
support another grocery store. She reminisced times when one could not get pork chops and now Homer is a land of plenty and has everything,
except a shoe store. She agreed that a decision should not be made under stress, not a good idea, the size cap at twenty thousand is a quick easy
way to give some time. She echoed a lot of the ideas that have come across the microphone tonight. Ms. Houston commented on being
betrayed by the City Council before, that Council did not support her property rights, but she still stayed in Homer, because she loves Homer.
She thanked Mr. Ladd for doing this, because she had almost given up and that she is going to be selling her property on Grubstake Avenue
soon and has been debating for the last four years if this is still where she wants to live. She apprized the Council that when she heard them do
this two weeks ago she said, "That's it!" Then, she relayed, that tonight, this room of people, this compassion that has come over the radio was
amazing and that she could not leave the radio and wanted to tell the Council that this is the heart of Homer. She underscored that these people
live here, because they love Homer and if they wanted Fred Meyer they would move to Soldotna. She voiced her opinion that a lot of the
people on Mr. Turkington's list have moved here because their spouse got a good job and they are stuck here in this little po dunk hole on this
side of the planet and they want Fred Meyer. She emphatically stated that she does not want Fred Meyer. She conveyed her opinion that this has
already made a difference with a Safeway, now, instead of an Eagle and Homer is in charge and not at the mercy of these corporations. She
urged the Council to look at this at a local and global level and that it is time to stand up and decide what Homer wants this town and world to
look like. She closed by saying that she lives on Grubstake and that she thinks the strip of land that the Council chose for the library is a bad
idea, that it is right outside of her door and that this is a park strip. She suggested the library be placed on the CIRI lot and asked the Council to
please not let that go, that's it, that's the last of it. She pointed out that when people come to town and want to go to a park they don't want to
go to a lawn, they have lawns in Kentucky, they want to come here and see the woods, adding that a lot of people don't have the physical
abilities to go hiking.
Lee Post noted that he used to come to Council meetings all the time, when he lived on Kachemak Drive in that little piece of no man's land,
which has become an eye sore between Homer and there. He advised that he moved closer to town, in part, to get closer to running water and
some say to get closer to the Old Folks Home. He admitted that he is a cynic, that he has been watching this process and has been agreeing, for
the most part, with the City Council for the last few years. He stated that he does not know what size the store cap should be, that he thinks
there are two issues size and location. He said that he would much rather look at a ten thousand square foot eyesore than he would a forty
thousand square foot eyesore. He agreed that there has to be standards, but size comes into play. He remarked on the evolution of a small
town, that he used to get discouraged when he went outside and saw these beautiful small towns, but, in perspective, some of those towns have
been there for a few hundred years and started out pretty ugly. Over the years and over the generations things get better and better and that is
where Planning and Zoning comes in. He shared that over the twenty or twenty five years of watching the government processes he has come to
realize that, for the most part, there is unknown stuff that happens. He commented that he used to be cynical of the Planning and Zoning
decisions, but has come to realize how hard they work, how much time and effort they put in and the incredible amounts of thought that goes
into some of the decisions that they make. He advised that he used to think that they were just a bunch of people being twisted by Realtors and
that there were just going to make decisions that are going to affect their best friend, adding that he is not seeing that. He informed the Council
that as he is watching Planning and Zoning and these Task Forces he is seeing a lot of really hard work, effort and thought. He voiced concern
with what happened at the last Council meeting, that if the Council were all in the twenties he would have thought that they had a really good
drug party the night before. He voiced his wonder at what happened, that it was totally shocking, and that he wondered if there were some back
room political arm twisting or someone bought off. Flip flops. He addressed the article in the paper about two hundred and fifty thousand
dollars going north every week, that would be one thousand families going to Soldotna and spending two hundred and fifty dollars a piece on
food. He suggested that someone put up a store in Ninilchik, it would do twelve million dollars a year just on the escape. He commented that
apparently those numbers came from Fred Meyer and seems to him that this is the fox giving advise to the gate keeper of the hen house. He
encourage the Council to look at those numbers a little closer and to at least think about them.
Dan Vanhusen commented that there is one guy in this room that has been here longer than he has, that he has been here over fifty years. He
advised that when he was a kid in this town there was not a whole lot to do, no television, so Bob Turkington had a Quonset hut set up by the
beach in Old Town, as it is called now. He recalled going there and watching movies and that it would be packed. He related about another
local gentleman who built a big new Theatre, Butler built, and no one cared what it looked like, it was a big new theater, adding that it now has
a new face. That's the point, people now care what they see and they want to do something about it. He told the Council that they should help
the people get what they want, which is for Homer to look like something. Having traveled the world, he informed the Council of the living
situations in some places. He related people asking him about Homer and his response has been, "Hey, there's probably ten or twenty thousand
people hiding in the woods, but you have to do a thirty, forty mile radius, that's Homer." He indicated that Homer looks like defecation, (clerk's
word for the word used). Homer is the most beautiful place on this earth, but somebody has missed the boat and doesn't have full seabag. He
recalled when he was very young, that people were fighting over where down town was going to be or where commercial property was going
to be. He voiced his opinion that the problem is that homesteaders wanted commercial property, which made the town look chopped up. He
urged the Council to take it easy, to look around, to use their conscience and make it a place of which to be proud. He voiced his desire for a
place to get out of the car, to walk around, to take care of business, to go home and that he did not want it to be any uglier than it already is.
Tom Young thanked the Council for listening and for all of the work. He urged the Council to work with the Planning Committee, to go slow
so that Homer can have development to be proud of, that doesn't hurt the people in businesses here. He voiced concern with Fred Meyer
hurting the current businesses, adding that they have said that they won't. He expressed some level of embarrassment over not having lived in
Homer very long, but that during the time he has been here he has made some pretty good friends and that some of them own businesses here,
one of which is the Book Store. He commented that Friday night at midnight there were a whole bunch of people getting in the Book Store for
a special opening, and if it is Fred Meyer or whatever he did not think they would open at midnight for a special fun thing like that. He said that
he would hate to lose businesses and friends that do those kinds of fun things in town. He told the Council to put him down for slow
development and that he would like to see a temporary twenty thousand square foot cap, if it takes that, for Homer to get its act together and
do a good plan.
Sonja Martin Young voiced appreciation for the Council doing this tonight and that she actually had visions of sitting at home tonight on her
couch reading her new Harry Potter book that she got on Friday night at the local Book Store, but is here because she thinks this is really, really
important. She stated that she has gone out of her way to live in Homer, because it is a beautiful place to live, that she loves the community,
people and spirit here. She emphasized the importance of taking time, thinking and planning about what Homer wants the City to look like. She
expressed the importance of having committees like the Planning Commission to look at this and hear what the folks are saying that they really
want. She testified that the twenty thousand foot cap sounds like a good idea. and that she would like to know what other people in the
community are thinking, adding that certainly all of her friends are thinking that it is a good idea. She voiced agreement with having other kinds
of regulations about how things look and how it is going to be. She encouraged the Council to spend some time thinking about this, realistically.
She apprized the Council of the list on her refrigerator of the few things she cannot get in Homer and have an occasion to drive to Soldotna to
get those things. She shared her thought that it is a fine thing if Fred Meyer stays in Soldotna.
Lane Chesley, resident and Planning Commissioner, commented that this is his first time before the mic as well, although he has been listening
to testimony. He shared several things on his heart, thanking Council for the patience and the kind manner and respectful manner in which they
have listened to everybody. He conveyed his focus on the process and what might have gone wrong in the process and as some of the
Commissioners had expressed, he too felt short changed by Council's action two weeks ago. He voice his opinion that part of what happened
was that the process the Commission set up, set them up for this conflict. He commented about the Commissioners being on the Task Force,
which gave them a leg up to participate in the process of the development of those things, therefore, were sort of doing double duty. So, when
those recommendations came to the Commission as a body they were already deeply involved and had a basic understanding. When Bill Smith
presented the Planning Commission findings to the Council, there was a real disconnect because none of the Council spent any real quality time
at the table wrestling through those issues. He interjected that occasionally some of the Council would stop in to pick up comment, but not at
the table with the Commission muscling through the nitty gritty. He recommended that the Mayor and Council consider appointing one or two
Councilmembers to join the Commission as they work through the standards, to be better informed regarding the intent of the Commission. He
did not agree that Homer's biggest resource is its view or land, asserting that Homer's biggest resource is its people. He noted that the
wonderful quality and character of Homer's people who have come here tonight and the wonderful manner in which they have treated the
Council. He voiced one exception, and said to Al Waddell that he is always welcome at his microphone during the Planning Commission
meetings, but to please leave name calling, finger pointing and bully tactics behind. He told the Mayor that he is very proud to be one of his
appointees and asked everyone to stand and give the Mayor applause for the fine work that he has done representing this community over the
many years that his family has given him up to sit here for these many evenings over all the years he has given public service to Homer.
There was a round of applause for the Mayor.
Sandy Cronland commented about the great testimony. She recounted, while sitting in the audience, that she was thinking about twenty five or
twenty seven years ago, when she lived in Bellingham, Washington, when she was a union carpenter, that one of her first jobs was building a
Fred Meyer, this huge box store, not even a term then, and that she was in awe. She noted that this was the beginning of her moving out of
Bellingham, which is now full of box stores, and leaving a twenty five dollar an hour job. She stated that Bellingham had been a town of forty
thousand people, that she lived there and went to college there. She reported coming up here and building cracker boxes, adding that she
doesn't want anything to do with that either, it was not beautifying Homer, it was not quality of life and not the kind of carpentry she wanted to
do here. She advised that she has been doing some building, that are quality and take here a long time to build and thinking more about what her
grandchildren are going to get from her when she leaves her property or assets to the community. She emphasized quality over size, the quality
of life. She reiterated Kenton Bloom, agreeing about working together and all about being aware of everyone's input and speaking from the
heart will make this the kind of community that all want to live in for the rest of everyone's lives.
Susie Amundson, East Ender and Homer business owner, advised that the last three years she has been fortunate enough to go back to school,
studying leadership and organizational behavior for another degree. She acknowledged that the Councilmembers all come with their values,
personal beliefs and specific agendas and that being a leader in a small town is no easy feat. She commented that there have been some
encouraging things said tonight and things that do steer the Council in the right direction. She emphasized accurate and responsible data
gathering, noting some of the data referred to and wondering about the accuracy and precision thereof. She expressed her opinion that the
Council wants to make good sound decisions on good information, adding that there needs to be mechanisms in place and the Planning
Commission has been a part of that. She suggested that more mechanisms need to be in place to gather accurate information to make important
decisions. She referred to Kenton Bloom's comment about the long term strategic planning, adding that this is crucial for any organization or for
any City, and often times requires experts that don't live in Alaska that could come in and assist with a bigger vision . She encouraged the
Council to kind of slow down, look at a thoughtful, deliberate planning process. She referred to Steve Gibson's comment that some box store is
coming to town, but it probably doesn't have to be in the Central Business District. She commented on the part of building consensus, so there
isn't polarization and so business owners can possibly live with bigger businesses. She queried how does Homer do that in a healthy way for the
community that makes it liveable and sustainable for all who live here. She said that it is "our" responsibility to build the partnership and also to
make it happen. She told the Council that the part of leadership is about them being trustworthy had having the highest integrity that they can,
recognizing the countless hours that the Council gives to the community, adding hers and others appreciation. She challenged the Council to
take the heart felt responsibility and execute what the community members ask them to do. She thanked the Council .
David S. Anderson, life long Alaskan resident, stated that he moved to the peninsula from Fairbanks because of the changes in Fairbanks due to
the pipeline. He shared his love for this community and this part of the world and voiced discouragement over the long and hard fight for a
twenty thousand square foot cap. He noted his intimate involvement in the Town Square Project, a real learning experience, and that he gained
a lot of knowledge and insight on an informal level. Community planning is an amazing and essential thing while going through the growth
stages of bringing that small rural community into something bigger and greater. Community planning entails so many aspects of what is
wanted for a community; people and families, schools and churches, economic infrastructure. This all goes together to make a whole that you
want to healthy and vibrant. The Town Square Project inspired discussion in that area. He reiterated his thanks to Rick Ladd for bringing
discussion to a new level in front of the community and City Council. It is good and valuable discussion. The cap is the tip of the ice berg of the
whole community planning thing that needs to happen. He expressed his opinion that it would not be out of line to ask that the twenty thousand
square foot cap be put in now, sunset or not, to facilitate time to look at the rest of the ice berg, sort out some of the other issues, where does
the community want to be twenty or fifty years from now. He emphasized the need to look long term and to look at the future for the children
and grand children, and at what will be left for them. He voiced appreciation for the many wonderful things that people have said and that this is
not something that is solved overnight. He pointed out that the size cap is a stop gap and will provide the community, the Planning Commission
and the Council the opportunity to look at the whole package and come up with something that will take this community to the place where
everyone wants it to be down the road. He stated that allowing forty thousand square foot and letting Fred Meyer, or any other corporation,
give Homer the bum's rush, so that they can get in here before anyone else, is a real disservice to the community. He voiced support of the
twenty thousand square foot, foot print and thanked the Council.
Tom Laing testified in favor of the twenty thousand square foot cap and in favor of the Planning Commission recommendation for a sunset
clause. He commented that the size cap is a straw to grab onto while floating in the mist somewhere and to maybe slow things down and gain
some control over what is going on and maybe getting out of control. He voiced support of the go slow approach and urged the Council to take
their time and not let anyone ram rod this thing through. He expressed concern over the character of the town that he came here to live in
twenty seven years ago and that he sees this as being something that is really going to affect Homer in a big way. All the planning in the past as
been the accept it and complain (clerk's word for that which was used) approach. He cited the examples of the Bypass project, Safeway (Carr's),
couple metal buildings in a residential neighborhood. He noted that people continue to react to things. Someone puts up an ugly little box in the
middle of town and everyone will complain to each other about how homely it is and about what an ugly little town Homer is, but the
mechanisms are not in place to deal with these things. There is no vision to know if some proposal is going to fit into that vision. He advised the
Council that it is really disheartening to keep complaining about the things that are done and not be able to look down the road and feel like
there is something in common that everyone is working towards. He voiced his preference to wait until all of the tools are in place to make
decisions that everyone can agree on and for Kenton Bloom's recommendation about strategic planning and getting the best people to assist in
working through this process and not have a winning/losing situation that will hurt for a long time and wherein people will leave town. He
voiced appreciation for the previous comments and that he supports many of the things that were said in favor of trying to go slow. He thanked
the Council.
Ryjil Christianson, born and raised in Homer, commented about speaking to the Council one month ago in favor of the a twenty thousand
square foot cap in the Central Business District, not a terrible forty thousand square foot cap with a variance and not worth the paper that it is
written on. She voiced her preference for this town going slow, putting design review standards in place, defining the districts and outlining the
future of Homer. She noted that this is just the beginning and reiterated that the University of Washington Grad Students gave Homer a tool
box and it is up to Homer to open this up and see which tools to use and definitely start using some. She thanked the Council.
Mayor Cushing called for a recess at 10:50 am., reconvening the meeting at 11:03 p.m.
MUST BE A FULL COUNCIL FOR FINAL ACTION. IF NO FULL COUNCIL WILL BE POSTPONED TO JULY 14, 2003.
MAIN, TWICE AMENDED MOTION IS ON THE FLOOR: FENSKE/LADD - MOVED TO ADOPT ORDINANCE 03-25 BY READING
OF TITLE FOR SECOND AND FINAL READING. Amendment 1. To substitute 03-25 with 03-25. Amendment 2. To replace subsections
entitled Building Area and Dimensions - Retail and Whole sale in sections one, two, three, four and five with the following: 1. Any building the
main use of which is retail business, wholesale business, or a combination of the two shall not exceed 40,000 square feet of floor area. 2.
Buildings situated upon a single tract under the same ownership shall be combined for purposes of this limitation. 3. A conditional use permit or
variance may be granted that would allow a building to exceed the limit of this subparagraph by the planning commission provided that all
conditions, impact standards and procedures set by the city of homer as apply to the intended development are met. (Does not apply to sections
six and seven.)
Mayor Cushing stated that this matter is postponed to the next meeting.
City Clerk Calhoun suggested a motion to that effect.
Mayor Cushing stated that the matter is automatically postponed to the next meeting or when there is a full Council.
B. Ordinance 03-34, Of the City Council of Homer, Alaska Amending Ordinance 03-22(S), Grant for Traffic Safety Saturation Patrol and In
Car Video Systems. Finance. Clerk. Fiscal Note: Change from Revenue and Expenditure Acct. 151-739, $108,305.00 to Acct. 151-780,
$94,851.00. (First Reading 06/09/03, Public Hearing and Second Reading 06/23/03.)
There was no public testimony.
BECK/FENSKE - MOVED TO RECOMMEND ADOPTION OF ORDINANCE 03-34 BY READING OF TITLE
There was no discussion.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Ordinance 03-35, Of the City Council of Homer, Alaska Accepting and Appropriating a Reimbursable Grant of $2.500.00 from the U.S.
Fish and Wildlife Service for Interpretive Information at Parks and Authorizing the City Manager to Execute the appropriate Documents.
Finance. City Clerk. Fiscal Note: Revenue and Expenditure Acct. 151-782, $2,500.00. (First Reading 06/09/03, Public Hearing and Second
Reading 06/23/03.) Page 355
There was no public testimony.
STARK/KRANICH - MOVED FOR THE ADOPTION OF ORDINANCE 03-35 BY READING OF TITLE.
There was no discussion.
Motion carried.
D. Ordinance 03-36, Of the City of Homer Prohibiting Smoking in Public Buildings, on Identified Public Properties and in Vehicles and
Watercraft Owned by the City of Homer. Ladd. Kranich. (First Reading 06/09/03, Public Hearing 06/23/03, Second Reading 07/14/03.)
David Raskin commended the City Council for considering this Ordinance to prohibit smoking in public buildings and other City properties, that it is long over due. He underscored that this is only a very, very minimal beginning. He advised that he lived for twenty seven years in the State of Utah, which adopted a state ban in public buildings fifty years ago. He noted the complaints every time there is a suggestion or effort to ban smoking in public places and how it is going to damage business and going to cause all kinds of problems. He reported that the state of Utah and three different public smoking ban laws, each time strengthening it. The last time, about fifteen years ago, Utah banned smoking in every public place including bars and taverns and within fifty feet of every doorway to a public building and within fifty feet of every open window in a public building, according to Mr. Raskin. He noted that the state of Utah did not shut down, the bars in Utah did not close, the business in Utah is intense, and that the City of Salt Lake, where he lived and the Mayor was a close friend, not only enforced the ban, but held the most successful Winter Olympics in the history of the Olympics and made one hundred million dollars for the City. Bans on smoking help the public, help business, help tax revenues, help health and do wonders for everyone. He urged the Council to consider this a very, very tiny first step along the road to getting rid of smoking in every place that the public uses in the City of Homer. He thanked the Council.
Jeanne Parker stated that Mr. Raskin said just about exactly what she was going to say. She stated that this is just a start, that it is protecting
the public air and that she is really tired of when her air, water and food gets polluted in the name of someone else's right to do what they want
to do with that public resource. She emphasized that it is the world's resource and the air is in the buildings and everywhere and surrounds the
earth. She stated that the air needs to be protected in any way that it can be protected. She noted that bars have been losing her business for a
long time, adding that she loves to dance, but it is really hard to go into a bar and dance for very long. She stated that she "would gladly pay
money and any time there is a smoke free thing there she goes." She encouraged the Council to not stop here and there are places doing it and
not losing business.
Dan Boone thanked the Mayor and members of the Council for the opportunity to speak to them this evening about the proposed smoking Ordinance 03-36, to prohibit smoking in City structures, vehicles and Watercraft. He applauded the Council for their forward thinking on this issue and agreed with the two prior speakers, that this is just the beginning, adding that it is a good beginning. He emphasized that smoking is the number one cause of preventable death in the United States, causing over four hundred thousand deaths every year and that second hand smoke is the number three cause of preventable death, that's people who do not smoke, fifty three thousand every year. He noted that implementation of this Ordinance would be a very positive first step toward protecting the City employees and those people who do business in City facilities. He offered a couple of suggestions to make a good Ordinance even better:
Section 5.05.030(a), reads, "smoking in any form", insert, "is a serious health hazard" and then "objectionable to many".
Section 5.05. 030 (b), "smoking shall be prohibited within twenty five feet of any door, window that opens or ventilation intake, the City shall
designate and clearly identify a smoking area." He thanked the Council very much.
Councilmember Ladd advised that he will copy, for the Councilmembers, letters he has received from various associations and that the suggestions from Mr. Boone are included in the American Lung Association and several others.
E. Creation of the Kachemak Drive Phase I Sewer Improvement/Assessment District.
Donald Miller, twenty seven year resident, has a hanger at the airport. He questioned the methodology that was used and that those who have
hangers at the airport do not own the land, the state owns the land, which is to say the people of Alaska own the land. He commented that it
seems to him that they are being asked to give a very large gift to the state by paying all of the assessment and the state being exempt from it.
He testified that this does not seem right, because they pay a considerable lease/rent to the state and also taxes on that property to the borough.
He pointed out that they only own the buildings, have the right to dismantle those buildings and move them away, but they cannot move the
assessment away or the improvement that might be made to bring the lateral in from the main. He commented about the private owners in the
LID, because they become the sole proprietor and owner the improvement. He noted that he was at the April 28th public hearing on this and
that the cost has gone up and that at that time the total cost was four hundred and eighty eight thousand eight hundred dollars and what is still
included in the resolution that was sent to the property owners, but in the same package in the preliminary assessment roll the total estimated
cost is up to five hundred and fifty five thousand two hundred and thirty dollars, an increase of sixty six thousand eight hundred and thirty
dollars. He inquired as to which of these figures is true? He voiced his opinion that it seems that the later figure, the higher figure is the one that
was used to compute the assessment of eleven thousand two hundred fifty four dollarsand a few cents. He referred to the April 28th reading and
that Carey Meyer had given him a sheet of the different methodologies that were being studied at the time and that one of the traditional
methodologies for assessing the sewer is frontal footage along the lines. He voiced his opinion that those figures seem to be reasonable and
appropriate, but now the assessment has gone up considerably higher and a one size fits all methodology. He noted that his hanger is a private
hanger, a non commercial hanger, and that he would be paying the same amount as the Bay Club, a commercial organization that uses a lot of
water and sewer facilities. He expressed his feeling that this type of methodology is quite fair to everyone and that he feels this should take a
little more study before it is decided. He apprized the Council of another thing that gives him concern is that the City is asking for a ten year pay
off on the assessment, a very small time for such a large assessment and suggested that it be thirty, forty or fifty years to make it a little more
palatable for the people that are having to take care of it and does not seem that it would give the City any hardship to do that. He referred to
the LID map, pointing out that there is one other parcel on the airport that has a nice hanger that belongs to a very respected contractor here in
town that is not included in the parcels that make up this LID. He reported that he asked Carey Meyer about it and that he had said that they
were not a front property and therefore were excluded. Mr. Miller voiced his objection to this reasoning, in that there are other properties not
on the front as well. He asked for the reason this property was not included and that including it would add another parcel and lower the
assessment. He advised the Council that right now he is opposed and encourages his neighbors at the airport to object. He thanked the Council.
Bill Baechler, small business owner and lessee at the airport and a partner in a hanger at the airport, commented that he received a packet of
information on the Phase I sewer improvement assessment and has questions similar to those of Don Miller. He emphasized that he is not
against the improvement and that water and sewer are good and needed and that numerous people down the road would like to have that water
and sewer, although many have spent many thousands of dollars in septic systems and water holding systems. He questioned the equity, the
equality in the seventy five percent that the public will pay is being divided up to about thirty land owners with seven that are being exempted, a
large percentage of the amount. He queried the exemptions and if the other property owners pick up the exempted's share. He commented on
the insurance that businesses and the lessees are required to pay mandatory insurance and have a lot of expenses. He expressed his opinion that
they are set pretty good with their one toilet, two sinks and holding tanks and City water. He reiterated that he is for the improvements and
would like to understand a little bit better how this is being figured and why the state is exempt. He queried how the lots were assessed when
the airport terminal was put in, eight years or so ago, did the City pay for that water project and at the time Maritime Helicopter was the only
one with a lease. He suggested that something be done to make this amout more equitable and asked that the assessment payments be spread
out over thirty years or divided up by more members.
Mike Fell, small business owner along Kachemak Drive, stated that he, basically, agrees with what his two predecessor said, that he is not
opposed to the sewer improvement, that it is a wonderful idea, would like to explore the assessment methodology further and see if there could
be something a little more fair to those who are using very small amounts of water and sewer, as opposed to the higher use people. He
emphasized his desire for fairness to everyone, the initial assessment hit is pretty large for small business owners. He thanked the Council for
their time.
Rex Turner, one of the Home owners, advised that he has owned the property since 1980, has bought a lot of gas from Councilmember Kranich
over the years and wants to state that they are thrilled with the prospect of getting public sewer, having been on a quasi septic system for twenty
years. He noted that there are health issues and all kinds of issues involved and the prospect of public sewer is very exciting. He thanked the
Council and the members that have helped get this moving along. Voicing his support, he thanked the Council.
Rick Egliss, property owner on Kachemak Drive, testified in favor of the sewer improvement/assessment district. He commented that he is from
Palmer and has had the opportunity to listen to two different Fred Meyer scenarios so far and voiced his hope that he never has this agenda on
the same meeting night of Fred Meyer, again. He voiced understanding of the concerns expressed by the hanger lessees and that there has been
discussion and some flip flopping on how this was going to be assessed, interjecting that he was on the initial push to get this going. He brought
up the assessment payment terms of ten years via an annual payment plan. He related a conversation with Dan Gardner, who indicated that the
last water/sewer improvement district was a twenty year at two and one half percent interest. He said that he wanted to allay some of these
fears expressed, that the terms can be longer than ten years and backed up Mr. Turner's comments that this is good for the City, for the bluff
and everyone involved. He concluded by saying hi to his neighbors.
Ken Spearin, resident on Kachemak Drive next to the Bay Club, reported that they have signed an agreement with the City that they would
support sewer, that they have their own existing sewer for about three years now and that this sewer line picks up the state office across the
road and the Bay Club. He advised that this is a high pressure line that runs down to sewer outfall. He voiced a lack of understanding on how
this was voted in, whether it was really equitable or if it was done by property values and that it was early on that he understood it was on
assessed value. He commented on the state not having to participate, yet participated on the existing line and that he feels they should have to
participate on this line and would equal the share down amongst everyone. He asked to see how each property owner is assessed and asked if
everyone has an equal vote. He expressed his desire for the state to participate and to see the assessments equalize, adding that they get hit
pretty hard having just put in an expensive system. He voiced support for the payments being programmed over a longer period of time than ten
years. He thanked the Council.
Walt Wrede suggested conducting a neighborhood meeting, as was held with the Saltwater Drive District and that, from staff's perspective and
the response from the property owners, this was very helpful.
Don Miller was allowed a second comment. He reaffirmed his support of the improvements if it can be done in an equitable way. He
commented about once the improvements are in place, since they rent from the state, the property values are going to go up so their rent will go
up, the taxes will go up and wondered where is the end. He emphasized the need for equity and thought given to get the costs favorable to
everybody. He pointed out that those on state property are more likely to get hurt, not being the land owners and owning the buildings only.
F. Resolution 03-74, Of the City Council of Homer, Alaska, Donating a Parcel to Kenai Peninsula Housing Initiatives (KPHI) Program for the
Construction of Homes by the Sea, a Complex of Eight Supervised Living Units for Low Income Developmentally Challenged Clients. Deeming
this Transaction Advantageous to the City of Homer for the Promotion of a Healthy Community, Placing a Parcel Back on the Property Tax
Rolls, Increasing the City's Utility Customer Base, and Authorizing the City Manager to Execute this Transaction on Behalf of the City of
Homer for One Parcel, # 179-061-01, Located on the S/W corner of Mattox and East End Road. Fenske.
This public hearing was moved to just after agenda approval.
G. New Liquor License and Restaurant Designation Permit for Olives.
There was no public testimony.
ORDINANCE(S)
A. Ordinance 02-42(S), 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 #1. City Manager. (First Reading 10/14/02, Public Hearing 10/28/02 rescheduled to 11/04/02, Second Reading 11/25/02, postponed to 12/09/02, postponed to 01/27/03, and main motion as amended and pending amendment postponed to 03/10/03, postponed further to 06/23/03.)
Main motion with amendments postponed on 11/25/02, 12/09/02, 01/27/03 and 03/10/03.FENSKE/BECK - MOVED FOR THE
ADOPTION OF ORDINANCE 02-42 (S) BY READING OF TITLE FOR SECOND AND FINAL READING.
Primary amendment pending: YOURKOWSKI/STARK - MOVED TO AMEND ORDINANCE 02-42(S) MAP ON PAGE 467 AND
EXCLUDE THE ZONING DESIGNATIONS ON EXHIBIT B. REPLACE EXHIBIT A AND B WITH MAP ON PAGE 467. (This is the
map dated January 15, 2003)
Secondary amendment pending: KRANICH/LADD - MOVED TO CHANGE ZONING DISTRICT IN PARCEL 1, 2, 3, WEST HALF OF
4, 12, 14, 15, 16, AND 21 TO GC1 (General Commercial 1)
The deadline in terms of annexation was discussed. There were concerns with moving forward on zoning Study Area #1 with the overlay
district not identified, but in the process. Comment was made to wait until the new City Planner is on board.
VOTE: (primary amendment) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Council reiterated comments about zoning and suggested postponement and refresh the public on this issue. There was discussion to let the map
stand without amendment, yet that there needs to be some zoning and that the zoning can always be upgraded. There were pros and cons
discussed regarding the zoning with and without the overlay district identified and to set some zoning. It was noted that the overlay district may
be six months away from being identified.
City Manager Wrede agreed that public awareness is needed since this has been off the radar screen or so long, he noted that there is no hurry
and that postponement would be fine. He advised the Council that Study Area #1 does not have to be linked to the Overlay District.
VOTE: (Secondary amendment) NO: LADD, STARK, KRANICH, BECK, FENSKE.
Motion failed.
STARK/BECK - MOVED TO POSTPONE THREE WEEKS, NEXT MEETING. (July 14, 2003).
There were pros and cons regarding the need for a recommendation from the Planning Commission by the next meeting. There was a comment
that it would be helpful to know Planning Commission's intent regarding Rural Residential and General Commercial One. Is the Commission
looking at what to include in the gateway such as motels, small restaurant type travel and tourist businesses, etcetera. Comment was made that
Rural Residential uses encompasses most of those uses listed above.
STARK/FENSKE - MOVED TO SUSPEND RULES AND EXTEND ONE HOUR. (Current time 11:59.5).
VOTE: (suspension of rules) YES: KRANICH, BECK, FENSKE, LADD, STARK.
Motion carried.
Mayor Cushing recognized Councilmember Stark's informal call for the question.
There was objection to the call for the question.
Mayor Cushing called for a roll call vote:
VOTE: NO: STARK, KRANICH, BECK
Mayor Cushing interrupted the roll call vote and announced that the call for question had failed.
Discussion ensued on the motion to postpone.
There were pros and cons regarding postponement. Comments included:
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Ordinance 03-23(A), Amending Homer City Code Chapter 21.30 to Make Provisions for Enforcement of Zoning Code Violations. Planning
Commission. (First Reading 04/28/03, Public Hearings 05/12/03 and 05/27/03, Second Reading for 06/09/03, postponed on 06/09/03 to
06/23/03.).
LADD/BECK - MOVED FOR THE ADOPTION OF ORDINANCE 03-23(A) BY READING OF TITLE FOR SECOND AND FINAL READING.
LADD/FENSKE - LIKE TO MAKE AN AMENDMENT AND TO ADD IN TWO PLACES, ON LINE 49, AT THE END OF THE
SENTENCE, WHERE YOU SEE THE WORD, 'ORDER PERIOD'(PAGE 414 OF THE PACKET) PLACING IN THE UNDERLINED
STATEMENT THAT WAS PASSED AROUND, "DURING SUCH TIME THAT AN ENFORCEMENT ORDER IS APPEALED, NO
FURTHER DEVELOPMENT CONTRARY TO THE ORDER WILL CONTINUE."
This is the amendment that was shared with Planning and the Acting City Planner, Bev Guyton, agreed that this was appropriate and removes
the loop hole. There was also a response back from the City Attorney, Gordon Tans, there was no further comment on that response due to
interruption with a call for the question.
Mayor Cushing recognized an informal call for the question.
There was objection.
Mayor Cushing called for a roll call vote:
VOTE: (call for question) YES: FENSKE, LADD, STARK, BECK.
NO: KRANICH.
Motion carried.
VOTE:(primary amendment 1.) YES: LADD, STARK, KRANICH, BECK, FENSKE.
Motion carried.
21.30.040(b) now reads: An enforcement order issued under subsection A of this section may be directed to one or more violators. A written
enforcement order issued under subsection A of this section that is served on a violator personally or by certified mail is immediately appealable
to the Planning Commission. An appeal must be filed within 30 days of its service. Failure to appeal to the Planning Commission within 30
days of service shall constitute a waiver of all rights of appeal from the order. "During such time that an enforcement order is appealed, no
further development contrary to the order will continue." The procedure for appeals is set forth in Chapter 21.68.
LADD/BECK - MOVED TO AMEND, THIS IS ON PAGE 418 OF THE PACKET, LINE 183, AFTER THE WORDS, "ATTORNEY
FEES," PUT IN "CONSULTANT FEES".
The City Attorney, Gordon Tans, written response was that those fees, in most cases, would be included in the actual expenses in the
preparation of specifications and contracts, at least that was what was intended, but there would be no harm and that it may be helpful to added
consultant fees.
VOTE: (primary amendment 2.) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
21.30.090(c) now reads: The Administrative Official shall cause to be kept an account of the cost, including incidental expenses, incurred by
the city in the abatement of any violation. The Administrative Official will send an invoice for collection to the violator and owner of record of
the property specifying the nature and costs of the work performed. For purposes of this section, the term "incidental expenses" shall include
but not be limited to the actual expenses and costs to the city in the preparation of the notices, specifications and contracts, work inspection,
attorneys fees,consultant fees and interest from the date of completion at the rate of ten percent per annum.
VOTE: (main amended motion) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Ordinance 03-32(A), Of the City Council of Homer, Appropriating $25,000.00 from the Animal Shelter Account to Formalize the Plan for
Construction and Authorizing the City Manager to Execute the Appropriate Documents. Fenske. Fiscal Note: Acct. 151-728, $25,000.00.
(First Reading 05/27/03, Public Hearing 06/09/03, Second Reading 06/23/03).
FENSKE/BECK - MOVED FOR THE ADOPTION OF ORDINANCE 03-32(A) BY READING OF TITLE.
Finance had advised that this Ordinance was not required, but would not do any harm. The money has already been appropriated for the Animal
Shelter and there is a memo stating which part of the grant that money will be coming from.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
D. Consent Agenda Item. C. Ordinance 03-38, Of the City Council of the City of Homer, Alaska Amending the Sign Code, Chapter 21.60 of
the Homer City Code. Planning. Recommend introduction and Public Hearing July 14, 2003 and Second Reading on July 28, 2003.
LADD/FENSKE - MOVED FOR THE ADOPTION OF ORDINANCE 03-38 FOR FIRST READING AND INTRODUCTION.
There are a number of signs that with the enactment of this Ordinance will not pass muster, will not be in conformance with ten feet high and
thirty six square feet. A legal opinion was requested regarding length of time to grandfather the current signs, before a new sign has to be placed
and if the grandfathering would be permanent.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
E. Ordinance 03-40, Of the City Council of Homer, Alaska, Authorizing the Transfer of $290,000.00 from the General Fund Fund Balance to
the Health Insurance Fund 600. City Manager. Finance. Fiscal Note: As stated in title and not budgeted. Recommend introduction and Public
Hearing and Second Reading on July 14, 2003.
FENSKE/LADD - MOVED FOR THE INTRODUCTION AND FIRST READING OF ORDINANCE 03-40 BY READING OF TITLE.
It had been pointed out by the Finance Director, Dean Baugh, that due to the increase in cost of insurance that the City is maybe going to have
to be pretty creative on how this is eventually handled. It appears that the staff has been discussing this issue. Appreciation was voiced for this
matter being addressed prior to the budget process.
Council wanted to advise the public that tremendous dollars are being lost to this community in terms of revenue sharing.
In 2002 the health insurance money in the City Budget was five hundred eighty nine thousand five hundred dollars. In 2003 this budget item
was increased to seven hundred and twelve thousand eight hundred dollars and now, in the middle of the year, two hundred and ninety thousand
is being transferred on top of that increase. From 2002 to now, this is an increase of five hundred thousand dollars for the City, for health
insurance.
The budget crunch was emphasized and caution issued. Concern was expressed regarding the tight budget for the coming year.
City Manager Wrede advised the Council that they will be receiving some confidential information regarding the health insurance that will be in
the mail boxes tomorrow and will answer some of their questions. He further advised the Council that staff is working pretty hard on possible
solutions to the insurance problem, adding that the costs have sky rocketed, astronomically, the past year for everyone. A full range of options,
alternatives and recommendations are being reviewed and will be forwarded to the Council within a couple of months. He noted the importance
of having a full discussion with the City employees first.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
CITY MANAGER'S REPORT
A. City Manager's Report (Animal Shelter, Budget Cuts, Planing Stuff, Library, City Hall, Skateboard Park, DMV, USCG Cutter Hickory
Commissioning, KBBI/Concert on the Lawn, and Council contacts.)
B. Bid Report.
Jake Brake issue discussed. Chief Robl is working on an Ordinance.
Councilmember Fenske noted that the July 1st deadline on the animal shelter project is fast approaching and that he has his shovel sharpened.
New City Planner hired: Beth McKibben. She has been a municipal planner for the Matanuska-Susitna Borough for the past eight years. Prior to that, she served as the city planner for the City and Borough of Yakutat from 1989 to 1995. Beth has a degree in Urban and Regional Planning from Western Washington University. She has broad experience in the areas of zoning administration,
comprehensive plans, and general community and economic development. Beth has stated that she is truly excited about the prospect of moving
to Homer. She indicated that she was attracted here by the overall quality of life and the planning issues the community is addressing. Her first
day on the job will be Monday, July 21.
The funding for the water and sewer master plan, although cut from the grant funding by the Governor, will be funded by the City and probably
through the Homer Accelerated Water and Sewer Program.
COMMITTEE REPORT
A. Beach Policy Committee. (Synopsis of June 16, 2003.)
PENDING BUSINESS
NEW BUSINESS
A. Memorandum 03-106, from City Clerk, Re: New Liquor License Restaurant Eating Place/Public Convenience and Restaurant Designation
Permit for Olives.
Recommendation: It is the recommendation of staff that the Homer City Council "voice non objection and approval" for the new Liquor
License and Restaurant Designation Permit for Olives.
FENSKE/BECK - MOVED FOR THE ADOPTION OF THE RECOMMENDATIONS OF MEMORANDUM 03-106 BY READING OF TITLE.
There was no discussion.
VOTE: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Consent Agenda Item. A. Homer City Council unapproved meeting minutes of May 27, 2003 and June 9, 2003 Regular Meeting.
Recommend approval.
FENSKE/KRANICH - MOVED TO APPROVE THE MINUTES OF THE LAST TWO MEETINGS.
There were comments that due to the hour comments would be made under Council comments, since it was not an error concern.
VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Consent Agenda Item I. Memorandum 03-103, from Mayor, Re: Mayoral Appointment of Mark Robl to the Beach Policy Committee, and
Nominated Planning Commissioner Foster for the Homer Representative Position on the Borough Planning Commission. Recommend
confirmation.
FENSKE/BECK - MOVED TO APPROVE THE RECOMMENDATION OF MEMORANDUM 03-103.
There was brief discussion that the appointment and nomination are appropriate and adequate.
STARK/LADD - MOVED TO SEPARATE THE QUESTION. (Vote on the Appointment separate from the nomination.)
Motion not debatable pursuant to Robert's Rules of Order.
VOTE: (Division of the Question) YES: KRANICH, LADD, STARK.
NO: BECK, FENSKE.
Motion failed.
Council expressed concern regarding the Borough Planning Commission appointment and that the person nominated may not well represent the
City. Some of the Council expressed their opinion that a letter from Mr. Foster was inappropriate and that the Council and Commission need to
be working with each other positively. Mr. Foster's comments are regarding the City survey were disputed and also deemed inappropriate. A
Councilmember interjected that Mr. Foster's letter reflects his passion, and total involvement and emersion in the subject as well as his shock
and horror at the decision made by the Council, that appeared to disregard the Commission's work. Some of the Council expressed a preference
for a telephone call rather than a letter of this nature from a Commissioner.
There was comment made that politics is part of the process. The Council is not going to always make everyone happy.
It was emphasized that there is no objection to the appointment of Chief of Police Robl to the Beach Policy Committee.
VOTE: YES: BECK, FENSKE, LADD
NO: STARK, KRANICH.
Motion failed.
RESOLUTIONS
A. Resolution 03-74, Of the City Council of Homer, Alaska, Donating a Parcel to Kenai Peninsula Housing Initiatives (KPHI) Program for the
Construction of Homes by the Sea, a Complex of Eight Supervised Living Units for Low Income Developmentally Challenged Clients. Deeming
this Transaction Advantageous to the City of Homer for the Promotion of a Healthy Community, Placing a Parcel Back on the Property Tax
Rolls, Increasing the City's Utility Customer Base, and Authorizing the City Manager to Execute this Transaction on Behalf of the City of
Homer for One Parcel, # 179-061-01, Located on the S/W corner of Mattox and East End Road. Fenske. Main Motion on the floor from May 27th.
Memorandum 03-108, from Planning Commission.
MAIN MOTION AS POSTPONED: FENSKE/STARK - MOVED FOR THE ADOPTION OF RESOLUTION 03-74 BY READING OF TITLE.
FENSKE/BECK - MOVED TO AMEND THE MAIN MOTION TO INCLUDE THE RECOMMENDATIONS FROM THE PLANNING COMMISSION IN MEMORANDUM 03-108.
Councilmember Fenske noted that the Planning Commission visited this matter as well as others that have reviewed it and that the determination
is to donate the lower lot, which is better suited for this residential use and that the upper corner lot would be better for an office/residential use.
Mayor Cushing asked from clarification from Councilmember Fenske as to his amendment.
Councilmember Fenske clarified that the amendment is for the lower lot.
Councilmember Stark queried the City Manager if the state's taking of the right-of-way for the East End Road project would substantially
hinder the use of the upper lot..
City Manager Wrede responded that he did not have an answer.
Councilmember Kranich commented that the Council took action a year or two ago pertaining to what the state wanted for the right-of-way,
that in his recollection it was only about ten feet or so and that it did not seem to harm the upper parcel.
Mayor Cushing reiterated the May 27th concurrence by the Council that if this donation was approved that the City Manager was to work with
this group to set up conditions on the conveyance of the lot. He asked if the Council was still in concurrence.
Council voiced concurrence and emphasized that they did want verbiage that as long as this entity owns this property and it is utilized for that
purpose that this property will be on the tax rolls. Unused portions of this lot are to be put into green space.
VOTE:(primary amendment one) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
City Clerk Calhoun asked for clarification regarding changing the Title, first Whereas clause and the Now Therefore Be it Resolved clause to all
reflect the appropriate language to indicate parcel number 179-061-02 and lot 19.
Mayor Cushing and the Council confirmed.
BECK/LADD - MOVED TO RECOMMEND AN AMENDMENT TO RESOLUTION 03-74 TO CHANGE LINE FIVE OF THE TITLE TO
READ "A COMPLEX OF EIGHT SUPPORTED HOUSING UNITS FOR LOW INCOME" ETCETERA AND THEN IN THE NOW
THEREFORE BE IT RESOLVED IN THE SECOND SENTENCE "THE CONSTRUCTION OF A SUPPORTED HOUSING COMPLEX".
There was no discussion.
VOTE:(primary amendment two) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
There was no further discussion.
VOTE:(main amended motion) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Resolution 03-90, Of the City Council of Homer, Alaska Authorizing the Formation of the Town Center Development Committee and
Supporting its Mission. Beck.
BECK/FENSKE - MOVED TO APPROVE RESOLUTION 03-90 BY READING OF TITLE.
Discussion included:
The need for clearly defined mission and goals
Some things are included that may not be the job of this Committee, such as the trails system and road system.
It was hoped that this Committee could somewhat lighten the burden of the Planning Commission.
STARK/LADD - MOVED TO EXTEND UNTIL DONE WITH BUSINESS. (Further suspend the rules.)
There was a comment to postpone the rest of the agenda and to call it a night, however, no action was taken to that effect.
VOTE: (extension of meeting) YES: BECK, FENSKE, LADD, STARK, KRANICH.
Motion carried.
Councilmember Beck responded to the inquiry of the statement in the Resolution, "Develop concrete recommendations for a trail system, road
system and parking in the town center," by elucidating that this means meeting with the Trails Committee, Public Works and Parking Task
Force and getting their recommendations and, after working these in with the whole concept, submitting these to the Planning Commission. The
Planning Commission, not the Committee, will be working with the property owners by holding public hearings and etcetera.
Discussion continued on the trails, roads and parking with comment about utilities;
The issue of the trails is bigger than this committee and not its job.
Roads are not constructed until the utilities are put in.
There are some larger issues to deal with and that this is not visionary without looking at the entire community.
The private land owners should be involved at the Committee level.
The goals need to be delineated before being approved. What is the bottom line? Are there going to be certain conditions laid down in this town center, which impact development of property? Is there an overlay type thing, that should begin with Planning? Who should get involved?
The issue may be bigger than this Resolution.
Strategic planning should come first to tie these things together instead of the piece meal approach, and should be looked at globally. Council, Commissions and the Community need to do planning.
There was comment that a worksession is needed.
Pedestrian and vehicular traffic plans are needed.
Water and Sewer Master Plan are needed.
Councilmember Beck noted the information, from the Universitye of Washington Grad Students, around the room in the form of graphic
displays and that the plan is for this Committee to take all of this information and to act as a filter, a gatherer of all of this information and
funnel it back to the Planning Commission. Then the Planning Commission will bring it back to the Council to work with the Council in
developing a strategic plan. This committee is a facilitator for that to happen. Its not a big deal it's a little deal.
There was concurrence that goals be identified and that the minimum number of members to the Committee be identified, that the Mayor
nominate the members and the Council confirm.
Mayor Cushing expressed his opinion that the land owner participation be an automatic.
City Manager Wrede voiced his opinion that it would be relatively easy to come up with the goals, that these have been expressed in one form
or another. He voiced his hope that the Committee not get too bogged down in the roads, water and sewer, and not get bogged down or
wrapped around the axle in the details. He noted that the main focus is the vision for the appearance of that area and to provide a couple of
alternatives for the Planning Commission's consideration/review. He expressed his opinion that the rest of the planning would become more
clear once there is agreement upon what is wanted for the appearance of the Town Center. The Committee's job is to get to the next level of
pulling the vision together.
Mayor Cushing clarified that there will be a substitute Resolution and that it be reworded from appointment to nomination with confirmation of
the Council.
City Manager Wrede offered to discuss strategic planning with the Council and agreed with an outside, objective person assisting. He
emphasized that some time needs to be spent identifying what the Council wants to get out of this session first and what type of strategic plan
they want.
It was noted that the infra structure is a separate issue from the plan. There is no desire to get the water and sewer master plan wrapped up in
this. The dichotomy of the community was noted between those who come and testify and those who have different views.
FENSKE/BECK - MOVED TO POSTPONE ACTION ON THIS RESOLUTION 03-90 TILL TIME SPECIFIC, NEXT MEETING, JULY
14, 2003.
This will be a part of the Committee of the Whole through the discussion of the Regular Meeting agenda.
VOTE: (postponement) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Consent Agenda Item M.(If added under agenda approval) Resolution 03-91, Of the City Council in Support of Its Communication and
Working Relationship. Beck. Recommend adoption.
BECK/FENSKE - MOVED FOR THE ADOPTION OF RESOLUTION 03-91 BY READING OF TITLE.
Councilmember Beck encouraged this session, noting that the comments from the public have indicated the need for the Council to have a
session of this nature.
Councilmember Fenske voiced support for improving the dialog amongst the Council, Commissions, and Committees. He commented that one
of the things that has always bothered him is that Councilmembers are not supposed to talk to anyone.
DATE ON THE RESOLUTION WAS FRIENDLY AMENDED FROM JULY 7 TO JULY 14, 2003 AT 2 P.M. FOR THIS WORKSESSION.
There was no objection of the Council.
Councilmember Stark wondered if this would accomplish anything. He voiced his opinion that this came about because there were two
Councilmembers that did not like the way the vote went on the amendment to Ordinance 03-25(S)(A), adding that there is a large segment of
the community that was represented by that vote. The decision making process of this Council comes from a lot of different sources, rather than
just the fifty four people who have repeatedly testified. He commented on differing personalities, that there are some people who come to
meetings and some who have other things in their lives.
Councilmember Ladd commented that there is a philosophical difference and that the Council needs to lay their agendas on the table with regard
to Ordinance 03-25(S)(A), which is specifically noted in the Resolution. He pointed out that this issue has been on the docket for a long time.
There are philosophical differences. He commented that Council is on the road, unfortunately it is the wrong hour and that it takes twenty
minutes for a person, in a conversation, to get to the higher level of thinking skills, adding that often times Council gives short blips of times to
deal with important issues. He told Councilmember Beck that this is why Council is not getting where she wants, and questions if two hours is
enough on this major issue. He emphasized that people call the Councilmember(s) that the public knows what Councilmember(s) see things the
same as they do or what Councilmember(s) are interested in the same things that they are interested in.
Councilmember Kranich expressed his opinion that the Council does communicate and in a respectful manner, even when not agreeing. He
wondered what would be/could be improved. He advised that the phone calls and emails that he gets are from those who want a twenty
thousand square foot cap, but when he is out and about in the community those who speak to him eye to eye are saying that something larger is
needed and not just a grocery store, a store that will carry multiple goods, and most of these people have been here thirty years or more.
Councilmember Beck, referring to the amendment on Ordinance 03-25(S)(A), stated that she does not see it the same way as the other
Councilmembers. She stated that a decision or conclusion was drawn that she had no time to come to on her own and that this felt very
disrespectful to her, not overt but covert. She pointed not that is the same feed back from the public who testified tonight, that they felt
betrayed somehow, that something happened in the process. She noted that she's not saying anyone did it to her, that it is just how it felt. She
advised that this is the purpose and is some of what she would like to see repaired in an open discussion and to talk about how the Council, as a
body, is going to make this decision. A plan is needed on how the Council is going to "get there" on Ordinance 03-25(S)(A), that has been
worked on for six months. She emphasized that if Councilmember Ladd is convinced the cap should be forty thousand square feet, then she
wants him to bring her a long and not force it down her throat and help her to understand why it should be forty thousand square feet. She
emphasized that this is what this resolution is about.
Councilmember Fenske expressed his opinion that the discussion is getting into the type of dialog that he hopes the Council is able to establish.
He stated that his issue is not square feet and that for the last seven months he has been talking about the standards that this community needs
to develop. He noted that every task force, every conversation winds up talking about the standards and even this current conversation is still
locked in on twenty thousand/forty thousand. He voiced his preference for no building over ten thousand square feet, period. He emphasized
that he does not want to limit development. He apprized the Council that he wants to discuss the Planning Commission findings at this meeting.
The findings refer to buildings and development, to talk about the same issue. He commented that he had not realized how steeped the size was
on the standards. Much ground has been covered. He noted that hours are spent in deliberations that the Community never hears. He stated that
he will sign on twenty thousand square feet or for forty thousand square feet, because it is the only way to get the standards addressed. He
voiced appreciation for this evening's testimony and particularly Kenton Bloom's speech, what a great motivational speech for the community.
Mr. Fenske advised that if someone is going to build a one hundred thousand square foot building he wants it in the City, his preference is for
no building over ten thousand square feet, and that he wants standards in place so that a one hundred thousand square foot building does not
look like a gawk piece of junk. He commented that he hears more about the current businesses, than those that may be coming.
Mayor Cushing commented that for fifteen years he has listened to public testimony and to a lot of people and always questions about the phone
calls. The petitions of six hundred plus and two hundred plus were mentioned. He stated that he kind of has a jaundiced eye to the weather vane
that is seen only by some. He suggested that those who make phone calls to Councilmembers instead of coming to meetings, should call all Councilmembers.
There was more discussion along the same lines.
VOTE:(main motion with friendly amendment) YES: NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
COMMENTS OF THE AUDIENCE
Audience comments upon any matter.
Jeanne Parker commented that she wondered why she stayed, adding that these last two resolutions interested her a lot. She suggested that
when the Council opens up their dialog to not only dialog amongst each other, but to gain the respect from the public of due process, and that
they address this silent majority thing. She voiced her opinion that anyone can claim silent majority and if people call the Council or talk to them
in the store the Council needs to encourage them and advise them that these types of contacts are hard to document and to defend when there
are hours of testimony that says the other thing. She stated that these outside of testimony comments are ambiguous and hard to stand on. She
acknowledged that it is a scarey thing to testify, as many who did today, because they felt so passionate about the issue. She emphatically stated
that if these people who are calling the Council, or seeing them in the stores cannot find it within themselves to bring this out in the public then
Council cannot stand on that and can't just keep relaying this hear say. She pleaded with the Council to address this with the people speaking to
the Councilmembers. She told the Council that they cannot keep coming back to the public and saying that they heard something in the face of
what is being repeatedly testified. Ms. Parker addressed a comment, not identifying the maker, made about knowing more than all the people
coming up in front of the Council and that it is like the people wanting this are going to get exactly the opposite of what they want. She pointed
out to the Council that this comment was like telling her, that she was not intelligent enough to think through what she was advocating. She
encouraged the Council to be really careful, when they stand in a place of, "Well, I really can't hear what you are saying, because I'm more
intelligent than you and you can't think it through."
Julia Martin, resident, advised that she has three teenaged kids and that back in March her middle kid had a spur of the moment opportunity to
go to Hawaii, very spur of the moment. She related that when it came to the clothes he needed to take, he did not have the right kind of
clothing or the right amount of shorts or anything and there was no time to go up the road. It would have been nice to go to a store here, in
Homer. She informed the Council that she has another son getting ready to for DC next week to be an intern for Senator Murkowski and again
it's up the road to get him the right kind of clothes. She noted that she has a daughter that works down at Safeway and she needs new shoes for
the store policy and, again, there is no where to buy the shoes in Homer. She told the Council that she would love to see a big Fred Meyer and
that she could care less about the food and would love to never have to get on the highway and go up the road for a few pieces of clothing.
Going to Anchorage is so expensive with three kids, because it involves the hotels and food and everything. She emphasized that she would
love to just be able to pick up what they need, when they need it and not have to go up the road.
COMMENTS OF THE CITY ATTORNEY
City Attorney Tans was not present.
COMMENTS OF THE CITY CLERK
City Clerk Calhoun had no comment.
COMMENTS OF THE CITY MANAGER
City Manager Wrede had no comment.
COMMENTS OF THE MAYOR
Mayor Cushing commented that he would be just real curious after tonight's discussion how fast the Council is closing in on this public
testimony on this subject versus annexation and on the length of time these were on Council's agenda.
COMMENTS OF THE CITY COUNCIL
Councilmember Stark voiced his hope that the Council does not tell the Planning Commission to do anything in the near future and that he
would like to see them have the highest priority be the development standards. He commented in response to Jeanne Parker about the City
Wide Survey, that he knows some people disagree, don't like it and some have written extensively on it why it is an invalid result. He stated that
the truth of the matter is that this was a valid survey put out by people who do this for their business to two thousand registered voters in
Homer and the results came back that fifty six percent wanted a large franchise store like Fred Meyer. That meant a one hundred and sixty five
thousand square feet in the normal terminology. People say oh well gee there were all these people testifying at the Council meeting. He
emphasized that there are other ways to get testimony and a valid survey with large results is certainly worth noticing.
Councilmember Fenske commented about people coming and testifying. There are not many people who will subject themselves to being
badgered or maligned or whatever will go along with people having strong feelings about certain issues and they just won't participate. He
pointed out that it does not mean just because people do not speak out and are not bold and aggressive that they do not count. He advised that
if someone comes to him and tell him that they think a certain way he does not tell that person to go tell the Mayor or go tell so and so. He
stated that he adds this to the other information he receives and that he tries to act upon it as diligently on that information as he can. He
commented that it is the prerequisite and a part of being on the Council, a part not realized until you're there, is that you are never going to
have everybody real happy with what you do, but you have to be satisfied with what you do yourself or you could not sit through these
meetings. He agreed that it would be great if everybody would testify, but people are just not put together that well. He voiced his happiness at
seeing some people here testifying that maybe got their neck out a long ways on certain issues for whatever reasons. He voiced his appreciation
of all the testimony whether here or at the grocery store.
Mayor Cushing interjected that this goes both ways, hard for people to come in and testify knowing that there are City leaders that are not
happy with what they've said.
Councilmember Ladd agreed that it does go both ways, but it is very difficult for some. In the four quarters for sales tax the City generally
makes about sixty percent of its sales in two quarters and forty percent during the winter time. A small shop owner here really has to be
respectful of the limited clientele he or she has. This is small, small town America with small town gossip and small town politics. That person
has to protect their livelihood and to do so there is a hesitation. He noted that there are many, many well qualified people that could seek
Councilmember, do it better then does, but they choose not to because of the nature of their having to work with all kinds of folks. He advised
that he respects this and often times encourages people to testify. He relayed that some of these people come to Council meetings and just
cannot bring themselves to testify or who tell him that they just work too long of days, twelve hours a day and would rather be with their kids.
People make choices, unfortunately that does not help with this kind of thing. He emphasized that he respects the confidence with which people
speak to him and that he is not going to divulge names. He stated that people would be amazed to learn the names of some of those who come
to him with input. Mr. Ladd stated that on the other issues there has been a lot of data given to them and he hopes that the Council can filter
through it. He commented on the twenty thousand/forty thousand issue and that one of the reasons he did the forty thousand was that he heard
that the forty thousand would put certain people out of business and that he does not believe it. The Planning Commission did recommend forty
thousand in a couple of other zones. People are going to shop there whether it is here or two miles down the road. He disagreed that economics
is the issue, not at the forty thousand square foot level. He suggested that maybe the City businesses should be sectioned as in Saigon and some
European Cities.
Councilmember Kranich commented that there have been several meetings wherein he has not said anything so now he has a list. He
commented and reiterated Councilmembers Fenske and Ladd regarding people not wanting to come and subject themselves to the peer pressure
or whatever in this room. He noted that tonight there were two different times when there were cat calls or whatever from the back of the room
when people were testifying. Can Council imagine the pressure the people were under up in front. That is why people don't come down here.
Regarding the development of standards, he noted that the Large Store Impact Task Force was set up via Memorandum the end of January and
it was April 7th when the Task Force sent their findings to the Planning Commission. He pointed out that, although there were five members of
the Planning Commission on the Task Force, no one picked up on that they should be doing something with the standards. When the Council,
on February 10th, sent a draft Ordinance that pertained, only, to a square footage cap it was back from the Commission by April 28th, two
months and three weeks. Whereas, the other was almost four months. He voiced is opinion that if the Council had not sent the draft Ordinance
pertaining to the cap the Commission probably would have been working on the standards and that would probably be what was before the
Council instead of the cap. He echoed Councilmember Stark's comments about the survey, wondering why fault was not found with the survey
when the Council was accepting the results thereof, not when it is an opportune time for someone to find fault and throw more mud in the
picture. He commented that he has read through, several different times, the fiscal and economic analysis of the Homer Town Square proposed
development alternatives. He relayed hat he keeps finding data regarding the rate of growth of tourism is one point eight percent and the people
living here is one point something other, but they turn around and say that if a town square by two thousand eight there will be a fifty percent
increase in sales in the Town Square area. Noting that on another chart in this analysis it says that there will only be two thousand square feet of
space in that area and hire three hundred more employees, he queried where all of this is coming from and that there is no reference of what this
will do to the Spit and etcetera. A transfer from one section of town to another section of town. Mr. Kranich suggested that this is the same
thing everyone is saying about the big store, but yet it is not mentioned in that analysis what the Town Square is going to do to the rest of the
retail, ie., tourist section. He addressed Councilmember Beck's Resolution about Council communicating with each other, referring back to page
sixty seven of the packet, June 9th meeting minutes, he noted that last meeting there was some action by the majority of the Council yet there
was one member, one person sitting at this table that took some unnecessary cheap shots at two Councilmembers just because that person
disagreed with the decision of the majority. He pointed out that this person publicly took some cheap shots and expressed the feeling that this
was something that would become an election issue. Mr. Kranich interjected that it may well become an election issue, in two years when that
seat becomes vacant. He disagreed with that discourse, like that, in public and expressed his opinion that it should have been one on one. He
emphasized that this is exactly what Councilmember Beck is talking about, communicating about and with each other with respect and that if
the body does not have it in public, then the public will not have it for the Council.
ADJOURNMENT
There being no further business to come before the Council the meeting was adjourned at 2:10 a.m. The next Regular Meeting is scheduled for
Monday, July 14, 2003 at 7:30 p.m. Council worksession regarding communication and working relationship on Monday, July 14, 2003 at 2
p.m. The Committee of the Whole is scheduled for Monday. July 14, 2003 at 4 p.m. The first thirty minutes is a session with the City's Auditor,
Mikunda Cottrell and Company, John M. Bost, Partner on the 2002 Annual Comprehensive Financial Report and associated letters.
_______________________________________
MARY L. CALHOUN, CMC, CITY CLERK
Approved: _______________
1. Whitney Cushing is Mayor Cushing's youngest son.