Session 09-16, a Regular Meeting of the Homer Advisory Planning Commission was called to order by Chair Minsch at 7:00 p.m. on October 7, 2009 at the City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 

PRESENT:      COMMISSIONER BOS, HAINA, KRANICH, MINSCH, SINN

 

STAFF:                   CITY PLANNER ABBOUD

                   DEPUTY CITY CLERK JACOBSEN

 

APPROVAL OF AGENDA

 

The agenda was approved by consensus of the Commission.

 

PUBLIC COMMENT

The public may speak to the planning commission regarding matters on the agenda that are not scheduled for public hearing or plat consideration.  (3 minute time limit).

 

         

RECONSIDERATION

 

ADOPTION OF CONSENT AGENDA

All items on the consent agenda are considered routine and non-controversial by the Planning Commission and are approved in one motion.   There will be no separate discussion of these items unless requested by a Planning Commissioner or someone from the public, in which case the item will be moved to the regular agenda and considered in normal sequence.   

1.                 Approval of Minutes of September 16, 2009                                                     

2.                Time Extension Requests

3.                Approval of City of Homer Projects under HCC 1.76.030 g.

4.                KPB Coastal Management Program Reports

 

The consent agenda was approved by consensus of the Commission.

 

PRESENTATIONS

Presentations approved by the City Planner, the Chair, or the Planning Commission.

 

There are no presentations scheduled.

 

REPORTS

a.       Borough Report

b.       Kachemak Bay Advisory Planning Commission Report

c.       City Planner’s Report

          1.       Staff Report PL 09-86, City Planner’s Report                                   

 

City Planner Abboud reviewed the staff report.

         

PUBLIC HEARINGS

The Commission conducts Public Hearings by hearing a staff report, presentation by the applicant, hearing public testimony and then acting on the Public Hearing items.   (3 minute time limit)  The Commission may question the public.  Once the public hearing is closed the Commission can not hear additional comments on the topic.  The applicant is not held to the 3 minute time limit.

 

A.       Staff Report PL 09-79, 595 Ocean Drive Loop/Lot 70-A Oscar Munson Subdivision   

 

City Planner Abboud reviewed the staff report.

 

Bill Bell, applicant, commented that the staff report addressed most of the plan. He said that first and foremost this will end up as a single family dwelling. The plan with the property is to build their retirement home. As coach of softball team, to have a competitive team he needs a facility to practice in winter. For years he has relied on finding warehouses, which are unsatisfactory because they can’t be modified for their use. They have also utilized Community Schools, but now it may be defunct, or resurrected with higher usage fees that are outside the budget of a non profit. Purchasing a building is also too costly. The program receives no funding from the high school or the Borough. He had the idea of preparing the pad for their house, and use it as a batting cage to help build the competitive softball program. The more competitive their program is the more we will be able to attract teams to town to use the Jack Gist fields. He sees that it is important to have athletic programs in the high school as it is a good way to teach responsibility, team work, and education. Dr. Bell said they started out with 9 players in 2000 and last year had 45 players, which is about 30% of the female student body at Homer High, he sees that as a major success. The softball cages are important to the program and will fit in well in the neighborhood. He has received a lot of support from the neighborhood and hopes the Commission will support it as well.  

 

Chair Minsch opened the public hearing.

 

Donna Rae Faulkner, neighborhood resident, commented in support of the building and what the applicants are proposing. She noted that the notice she received in the mail had the address as 959 instead of 595.

 

Michael Kennedy, neighborhood resident, commented in support of this. He said it is a good idea, especially with the way City funding is going. It is refreshing to see someone in the private sector take the initiative.

 

There were no further public comments and Chair Minsch closed the public hearing.

 

Question was raised regarding the lighting, restroom facilities, and insurance. Dr. Bell commented that the building is somewhat opaque and the lighting will produce a soft warm glow. There will be restrooms that will include showers, sinks, and changing areas. The program is insured through the American Softball Association. 

 

KRANICH/BOS MOVED TO ADOPT STAFF REPORT PL 09-79 WITH STAFF RECOMMENDATIONS AND FINDINGS IN FAVOR OF INCLUDING CONDITIONS 1 THROUGH 7.

 

Commissioner Kranich commented that it is refreshing to see someone in the private sector taking this initiative for the youth of this community.

 

SINN/MINSCH MOVED TO POSTPONE TO THE DELIBERATIONS TO THE END OF THE MEETING.

 

There was discussion that it would be taken up after the last business item.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

B.       Staff Report PL 09-85, Appeal of a Zoning Enforcement at 844 Ocean Drive Loop,

Lot 83 Oscar Munson Subdivision                                                              

 

City Planner Abboud explained that due to noticing this agenda item is postponed to the next regular meeting.

 

PLAT CONSIDERATION

The Commission hears a report from staff, presentation from the applicant and testimony from the public.  The Commission may ask questions of staff, applicants and the public.

 

A.       Staff Report PL 09-82, Homer JW Right-of-Way Dedication Preliminary Plat             

 

City Planner Abboud reviewed the staff report.

 

There were no applicant or public comments.

 

KRANICH/BOS MOVED TO ADOPT STAFF REPORT PL 09-82 WITH STAFF RECOMMENDATIONS.

 

There were comments in support of the action and its benefit to the community. Commissioner Haina expressed that it is a generous gesture and would like to see Council try to get the church reimbursed for the entire amount of the cost involved for the replat.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

B.       Staff Report PL 09-84, Harrington Heights – Aulikki’s Addition Preliminary Plat         

 

City Planner Abboud reviewed the staff report.

 

A typographical error was noted on the lot size.

 

KRANICH/BOS MOVED TO ADOPT STAFF REPORT PL 09-84 HARRINGTON HEIGHTS – AULIKKI’S ADDITION PRELIMINARY PLAT WITH STAFF RECOMMENDATIONS.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

C.       Staff Report PL 09-83, Mitigation Plan in Bridge Creek Watershed Protection District at 1135 Queets Circle, Lot 21, Block 3 Kelly Ranch Estates                                              

 

City Planner Abboud reviewed the staff report and reviewed the plan on the aerial photo.

 

Karen Walls, applicant, commented that she didn’t have anything to add to the staff report, but was available to answer questions. In response to questions, Mrs. Walls commented that the exact location of the leach field hasn’t been determined yet. The infiltrator is the drain off from the roof and is separate from the leach field. The infiltrator system will take the roof runoff back into the ground, not into the water shed.

 

There were no public comments.

 

KRANICH/BOS MOVED TO ADOPT STAFF REPORT PL 09-83 WITH STAFF FINDINGS, CONDITIONS, AND RECOMMENDATIONS.

 

The Commission discussed concerns about where the roof water will be discharged in relation to the leach field. Concern was expressed that if the roof water leaves the infiltrator and goes into the leach field it could result in flooding the septic pushing it out into the ground water. There are no requirements for a separation distance. Comment was made that based on the site plan drawing with lot dimensions, it shows an alder patch collecting the roof water. With out soil analysis you don’t know for sure where the water goes. A one bedroom septic is designed to take a minimal amount of water and can be surcharged and flooded with the amount of water that can come off a roof. In that case you are surcharging into the ground water which can reach Bridge Creek.

 

MINSCH/BOS MOVED THAT THERE BE AN ENGINEERED CERTIFICATION OF NO ADVERSE IMPACT OF INFILTRATOR ON LEACH FIELD.

 

The applicant questioned if it would be more acceptable to abandon the infiltrator and collect the roof runoff into a cistern and utilize that water. She expressed that she didn’t want to incur the cost of an engineer. There was discussion of the process of resubmitting the application. The applicant commented that they have built next door and are aware of the issues. She feels 1.23 acres is adequate to meet the requirements for developing the property.

 

VOTE: (Primary amendment): YES: BOS, MINSCH, HAINA, SINN

          NO: KRANICH

 

Motion carried.

 

KRANICH/HAINA MOVED TO POSTPONE TO THE NEXT MEETING TO SEE IF THERE IS ANY ADDITIONAL REVISION AND SUBMITTAL BY THE APPLICANT.

 

Mrs. Walls expressed that if it is going to delay action she does not want to revise it.

 

VOTE: YES: HAINA, KRANICH, BOS

          NO: MINSCH, SINN

 

Motion failed.

 

There was no further discussion on the main motion as amended.

 

VOTE: (Main motion as amended): YES: KRANICH, BOS, HAINA, SINN, MINSCH

 

Motion carried.

 

PENDING BUSINESS

 

A.       Staff Report PL 09-80, Policies and Procedures Manual                                

 

The Commission discussed this at the worksession and provided input to staff.

 

KRANICH/BOS MOVED TO POSTPONE STAFF REPORT PL 09-80 UNTIL BROUGHT BACK BY STAFF.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSNET.

 

Motion carried.

 

NEW BUSINESS

The Commission hears a report from staff.  Commission business includes resolutions, ordinances, zoning issues, requests for reconsideration and other issues as needed.   The Commission may ask questions of staff and the applicants. Any items brought before the commission for discussion are on the floor for discussion following introduction of the item.  The Commission will accept presentation on agenda items that involve an applicant (such as acceptance of a nonconformity.)  A member of the public wishing to comment on regular business items that do not require a public hearing or public notice may do so under Public Comment.

 

A.       Staff Report PL 09-87, Comprehensive Plan Chapter 5                                  

 

City Planner Abboud reviewed the staff report.

 

KRANICH/BOS MOVED TO BRING TO THE FLOOR WITH A MOTION TO DISCUSS AND PROPOSE AMENDMENTS TO COMPREHENSIVE PLAN CHAPTER 5.

 

The Commission understood from their previous discussions that they struck huge pieces of the second and most of the third paragraph regarding the airport. The discussion was that moving the airport out of Homer isn’t in the best interest of Homer. The plan the Council has doesn’t have any of their recommended changes on it. It was noted that it was such an absurd idea that it probably wouldn’t go through, especially went the State expects it will take over $300 million to move it, which is their entire State airport budget for a year. The Commission agreed they should send a recommendation to Council to strike that language. Removing the airport would remove a huge tax base out of the Community, increasing the carbon footprint having to drive the extra mileage to and from an out of town airport.

 

KRANIICH/BOS MOVED TO ADOPT STAFF REPORT 09-87 WITH STAFF PROPOSED AMENDMENTS INCLUDING STRIKING THE LAST PARAGRAPH ON PAGE 99 AND THE FIRST PARAGRAPH ON PAGE 100 AND INCLUDE THE STAFF COMMENTS AND ACTIONS IN THE BOTTOM TWO PARAGRAPHS ON PAGE 100.

 

There was brief discussion that this clears up their intent and that these recommendations go to Council.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

B.       Staff Report PL 09-88, Comprehensive Plan Work List                                 

 

The Commission discussed this at the worksession and provided input to staff.

 

KRANICH/BOS MOVED TO POSTPONE STAFF REPORT PL 09-88 UNTIL BROUGHT BACK BY STAFF.

 

There was no discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT

 

Motion carried.

 

C.       Staff Report PL 09-89, Ordinance 09-50, Nonconforming Structures (mobile homes) for recommendation                                                                                  

                  

City Planner Abboud reviewed the staff report. It was clarified that Ordinance 09-46 which is specific to Mr. Nakada is a separate issue from this Ordinance 09-50.

 

KRANICH/SINN MOVED TO BRING STAFF REPORT 09-89 AND ACCOMPANYING ORDINANCE TO THE FLOOR FOR DISCUSSION.

 

The Commission discussed the time line for making recommendations to Council. Procedurally an amendment to the zoning code needs to come before the Commission for consideration and public hearing. The Commission expressed that they want to have an opportunity for discussion at the next worksession then it can come before them with a public hearing at the regular meeting.

 

KRANICH/BOS MOVED TO POSTPONE UNTIL THE NEXT MEETING AND WORKSESSION.

 

There was brief discussion.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

INFORMATIONAL MATERIALS

Items listed under this agenda item can be HCC meeting minutes, copies of zoning violation letters, reports and information from other government units. 

 

A.       Letter dated September 23, 2009 to T.A. McKeever from Dotti Harness, Planning Technician regarding property cleanup                                                              

 

The Commission recessed into deliberations at 8:56 p.m. for the consideration of staff report PL 09-79, 595 Ocean Drive Loop/Lot 70-A Oscar Munson Subdivision. The meeting resumed at 9:17 p.m.

 

KRANICH/BOS MOVED TO ADD CONDTION NUMBER 8 THAT THIS CONDITIONAL USE PERMIT IS CONTINGENT UPON MAINTAINING CURRENT OWNERSHIP OF THE PROPERTY; CONDITION 9 OFFSITE PARKING SHALL BE PROVIDED IN HOMER CITY CODE 21.55; AMEND CONDITION 5 TO DELETE ALL AFTER THE WORD USE SO IT READS: “STRUCTURE TO BE USED FOR NON COMMERCIAL USE.”

 

There was no discussion on the amendment.

 

VOTE: NON OBJECTION: UNANIMOUS CONSENT.

 

Motion carried.

 

There was no further discussion on the main motion as amended.

 

VOTE: (Main motion as amended): YES: MINSCH, HAINA, KRANICH, SINN, BOS

 

Motion carried.

 

COMMENTS OF THE AUDIENCE

Members of the audience may address the Commission on any subject.  (3 minute time limit)  

 

Chair Minsch requested that public refrain from commenting regarding the pending appeal that was scheduled for this agenda but was postponed.

 

Nancy Hillstrand, city resident, commented regarding the watershed. She expressed her appreciation for the Commissions concern regarding the watershed. She doesn’t like that people have to pay a lot of money, but thinks it important to write what you think and make it as strong as you possibly can because one person can turn into 400 people. If you have to do every one at a time, put it in the ordinance so it is very strict and very strong so that when they buy their land, it is on their deed and they know that they are going to be pooping in our water. It is very serious. It means more chemicals, and more cost to the City. It is a serious issue that you can see across the country. She also noted that there are 48 lights burning in this room, 8 lights in the bathroom, and 28 lights in the hall. She thinks that somehow we, as the City, need to start curbing our energy use. 88,000 kW hours on the spit. Recycling is easy to do; it costs a lot of money to just keep putting things in the dump. She suggested that there be separate switches so that not all the lights have to be on.

 

Michael Kennedy expressed that he needed to address the Commission regarding comments that Commissioner Haina made to him on the street yesterday when Mr. Haina didn’t know who he was. Mr. Kennedy said he didn’t know what the chance was for him to pick him out from the rest of the town. Mr. Kennedy said that as he just heard, this is a quasi judicial board. He thinks that as a Commissioner you are supposed to keep this stuff under your hat and not talk to the general public about things that are on the agenda and what your personal opinion is, especially when it is coming up as an appeal in a semi court of law, where he could face substantial, financial, possibly criminal actions. Mr. Kennedy explained that Mr. Haina was campaigning. He said he didn’t know Mr. Haina at all. He pulled in in his truck and wanted to ask him one question to see how he would vote for him. He asked what he thought about the permits for special events because he would know how he would vote for him based on his answer. Mr. Haina said he supported it, Mr. Kennedy knew right then that he wouldn’t vote for him. He asked Mr. Haina why. First they talked about revenue and reimbursement to the City. One thing and another and Mr. Kennedy said he asked why can’t Homer be different? He said Mr. Haina responded that things are different in Homer, things are changing. Mr. Kennedy said things aren’t changing if we do just like every other city with that law. He said Mr. Haina responded that Rick Abboud is cleaning this place up. He’s doing a good job cleaning this place up. There is a man with a large junk yard on the other side of town that is coming before the meeting tomorrow and we are going to get him too. Mr. Kennedy said when he heard that he was flabbergasted. He said thank you, turned around and walked away. He said he didn’t even know he was on the agenda, this was the first he had heard of it. He came to City Hall and asked about it because he hadn’t received notification. He wants to lodge this complaint and ask the Commission to direct Mr. Haina in the proper conduct of a Commissioner and also to keep him from participating in any appeals that he has before the board because Mr. Haina obviously has his mind made up ahead of time, in the fact that he would go before the general public and talk this out. It leads him to have serious doubts that he will get any kind of fair trial here. He thinks it is an abuse of power of a Commissioner, a breach of conduct, an ex parte communication, and he plans to form a letter to send to the Mayor, City Manager, and Council. It is kind of like a gut shot here in the public process to already be convicted before you get here. The fact that he would say there is a man with a junk yard leads him to believe that he is already convicted, much less what else was said. Mr. Kennedy said he wants to go on record as opposing Mr. Haina’s involvement. If the Commission decides to go ahead with it, it will probably end up in court. He will make Frank Griswold look tame when he gets done with them.

 

Councilmember Zak expressed his appreciation for the Commission and the work that they are doing here.

 

COMMENTS OF THE COMMISSION

Commissioners may comment on any subject, including requests to staff and requests for excused absence. 

 

Commissioner Bos commented that it was a good meeting.

 

Commissioners Sinn, Kranich, and Haina had no comment.

 

Chair Minsch commended the Commission and asked them to keep up the good work.

 

ADJOURN

Meetings adjourn promptly at 10 p.m. An extension is allowed by a vote of the Commission. Notice of the next regular or special meeting or work session will appear on the agenda following “adjournment”.

 

There being no further business to come before the Commission, the meeting adjourned at 9:31 p.m. The next Regular Meeting is scheduled for October 21, 2009 at 7:00 p.m. in the City Hall Cowles Council Chambers. There is a worksession at 5:30 p.m. prior to the meeting.

 

 

                                                         

MELISSA JACOBSEN, CMC, DEPUTY CITY CLERK

 

Approved: