Session 08-06 a Special Meeting of the Homer City Council was
called to order at
PRESENT: COUNCILMEMBERS: CHESLEY (excused/telephonic
connection lost),
HEIMBUCH, NOVAK, ROBERTS, SHADLE,
WYTHE
STAFF:
Councilmember Chesley has requested telephonic participation. Councilmember Chesley will not be eligible to participate in deliberations in Executive Session due to telephonic status. Telephone connection was lost at the beginning of the meeting.
AGENDA APPROVAL (Only those matters on the noticed agenda may be considered, pursuant to City Council’s Operating Manual, pg. 5)
The agenda was approved by consensus of the Council.
PUBLIC COMMENTS
UPON MATTERS ALREADY ON THE AGENDA
There were no public comments.
Board of Adjustment
Appeal Hearing – CUP 07-12
Mayor
Hornaday explained this is an appeal by Glenn and Elizabeth Seaman of a
decision by the Planning Commission to approve Conditional Use Permit 07-12 for
Duane Knapp and Glenn and Elizabeth (Bette) Seaman were present and identified themselves for the record.
Preliminary
Matters
Mr. Knapp has challenged the Seamans' right to appeal on the ground that the Seamans do not have standing because they did not participate in the proceedings before the Commission. The Seamans counter by arguing they own property within 300 feet of the project and did not participate before the Commission because they did not get notice in the mail as required by the code.
Mayor Hornaday suggested the Board of Adjustment hear from both parties on the issue during the time allotted to them for oral argument. The Board was in agreement.
Oral
Arguments
Mayor Hornaday recommended the Board hear oral arguments and grant each side a total 30 minutes, if needed. The Board was in agreement.
The brief from
Duane Knapp filed by Attorney Wicks was not copied for the Seamans or the Board
of Adjustment. City Clerk Johnson noted the brief was received in the Clerk’s
office on
Mayor Hornaday expressed his inclination to postpone the hearing and strongly advised the Seamans not to proceed on the basis of just receiving notice of the appeal.
Glenn Seaman stated he spoke with developer Duane Knapp and indicated they may have a much quicker solution.
Duane Knapp
stated on
City Attorney Tans stated Mr. Knapp is asking that the matter be remanded back to the Planning Commission to make changes and submit new evidence.
The Seamans stated their agreement to the remand. Bette Seaman asked if the process would start over again and would go before the Planning Commission again and be formally noticed. She asked if they would be noticed.
Councilmember Shadle asked if it would be easier if the appeal was postponed as he felt like the parties were being pushed to do something they may regret.
Mayor
Hornaday noted per
Council discussed remanding the matter and if new information could be reconsidered. Mayor Hornaday recommended remanding the matter.
Bette Seaman commented if the Planning Commission can chose not to hear the matter they need to proceed or postpone. She only wants it to be remanded with proper notice.
Mayor
Hornaday re-read
Councilmember Wythe noted we have to discount Mr. Knapp’s statement. If Council does not make a determination to find the Seamans are in the 300 ft. area they would not have standing to receive notice of further action.
Councilmember Roberts asked to postpone and then if something changes the parties may change what they want done.
Mayor
Hornaday stated the parties want new information in the record. The
HEIMBUCH - MOVED TO REMAND TO THE PLANNING COMMISSION FOR FURTHER RECONSIDERATION.
Motion died for lack of a second.
Councilmember Novak stated we are here only to determine if the Seamans should have received notice. If they should have received notice and did not, the matter is remanded back to the Planning Commission. Now we are talking about other things they may want to take effect. It still doesn’t address their position. We need to be dealing with one thing, whether the Seamans should have been notified.
Councilmember Shadle asked City Attorney Tans if the matter can be postponed without reprimanding anything.
City Attorney Tans stated it is reasonable to postpone, although when it comes up again we are sitting here at the same position.
Councilmember Heimbuch explained if Council rules on the appeal it is the end of the matter. If Council remands it back to the Planning Commission they have the opportunity not to recreate the wheel.
Councilmember Wythe said if it is remanded to the Planning Commission it needs direction that the commission should revisit the 300 ft. zone to see if the Seamans are included.
Councilmember
Heimbuch asked the
Glenn Seaman
stated they can make their case and then the
Councilmember
Novak asked City Attorney Tans if the
Councilmember
Wythe asked if the
City Attorney Tans answered yes. He noted a changed circumstance or new evidence both fit a remand.
WYTHE/HEIMBUCH
- MOVED THAT THE COUNCIL REMAND CUP 07-12 TO THE PLANNING
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
COMMENTS OF THE AUDIENCE
There were no comments.
COMMENTS OF THE
Attorney Tans had no comments.
COMMENTS OF THE
City Clerk Johnson had no comments.
COMMENTS OF THE
City Manager Wrede was not present.
COMMENTS OF THE MAYOR
Mayor Hornaday had no comments.
COMMENTS OF THE
Councilmembers had no comments.
ADJOURNMENT
There being
no further business to come before the Board of Adjustment, Mayor Hornaday
adjourned the meeting at
______________________________
JO JOHNSON,
Approved:
_____________________