Session 07-05, a Special Meeting
of the Homer City Council was called to order at 5:34 p.m. on
PRESENT: COUNCILMEMBERS: HEIMBUCH, NOVAK, ROBERTS, SHADLE (telephonic), STARK, WYTHE
STAFF:
ATTORNEY GORDON TANS
Department Heads may be called upon from time to time to participate via teleconference.
Council met as a Committee of the
Whole from
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 City Council.
APPEAL – BOARD OF
ADJUSTMENT HEARING
A. Bradshaw dba Central
Charter Booking Agency filed an appeal of the Homer Advisory Planning
Commission’s Decision of
Mayor Hornaday set a 10 minute limit on testimony.
Garth and Rhonda Bradshaw appeared with business associate Tim Castman. A letter from their attorney Daniel Westerburg was presented. City Attorney Gordon Tans noted the letter could be offered; if argument it could be accepted, if evidentiary it could not be accepted.
Garth Bradshaw testified they have owned Central Charters since 1995. Last summer they were attempting to break into the half-day fishing market and put up a banner. Their competitors offered a complaint to the City, stating the sign was tacky. After reading the sign code, Mr. Bradshaw did not feel his sign was out of compliance and his attorney concurred with his interpretation of the sign ordinance. They appealed and presented their case to the Planning Commission. They strongly disagree with the commission’s decision, stating the interpretation is incorrect, as all signs on their business would have to come down with the exception of 150 ft. The language is clear; people have different opinions. He requested that Council reverse the Planning Commission’s decision.
The ordinance speaks to individual businesses; you should get signage based on sq. ft. frontage of the building. Additional signage such as a pole sign can be used, individual signage on each business and advertising what is in the cluster of businesses. Each business should be allowed a certain amount of signage. The Bradshaw’s own the boardwalk and the business; Table 2 addresses additional signage that includes both.
The City did not present testimony.
Council asked questions of the Bradshaw’s:
Can businesses on the boardwalk be represented with a total of 150 sq. ft. of signage?
Mr. Bradshaw answered they cannot, it is not what the ordinance says. Table 2 refers to cluster businesses and outlines sign allowances. If additional signage is used it is spelled out clearly for the cluster business. The dispute he had with the City is each addition is allowed signage due to the cluster business.
City Attorney Tans asked if the permit made for the boardwalk in the appeal record was accurate.
Rhonda Bradshaw answered they tried to stay within the sign ordinance. They were not aware of the sign permit initially, but when they learned, filed a permit. The City did not grant the permit originally, but then decided to. To be in compliance with all the regulations they applied for the second sign permit.
Was the second sign permit applied for on behalf of the cluster business permit?
Mr. Bradshaw stated as the owner of the zoned lot on the boardwalk he applied for additional signage under the name of Alasko Incorporated.
How many business clusters?
Mr. Bradshaw answered there was one business cluster.
City Attorney Tans said Attorney Daniel Westerburg’s letter does not appear to be evidence, but rather a brief. It is Council’s discretion to accept the letter as a late brief.
Mayor Hornaday allowed the letter from Attorney Daniel Westerburg as part of the record.
The record was closed at
Mayor Hornaday stated that the Board of Adjustment may deliberate in public or in Executive Session. If Council decides to go into Executive Session they will need to come back to reopen the Special Meeting.
STARK/WYTHE – MOVED TO GO INTO EXECUTIVE SESSION.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Mayor
Hornaday recessed the Special Meeting at
Councilmember Novak stated Council deliberated and reached a tentative decision to allow a cluster sign up to 150 sq. ft. free standing. Anything above 72 sq. ft. will require an additional permit. Each building could get up to 150 sq. ft. of signage. The finding is not final until a written decision is issued.
The Bradshaw’s were advised to fill out a new permit.
There being
no further business to come before the Council, Mayor Hornaday adjourned the
meeting a
______________________________
JO JOHNSON,
Approved: _____________________