Session 05-02, a Special Meeting of
the Homer Parks & Recreation Advisory Commission was called to order on
PRESENT: COMMISSIONERS: POORE, GANN, HAMIK, TOLVA, MCCALLUM (arrived late)
ABSENT: DAUGHARTY (excused), WEAVER
(resigned), STUDENT REPRESENTATIVE
BAECHLER
STAFF: DEPUTY CITY CLERK
JOHNSON
PLANNING
TECHNICIAN ENGEBRETSEN
AGENDA APPROVAL
The agenda was amended to add Item A - Vacate Request for
APPROVAL OF MINUTES
A. Unapproved Minutes of
The Special Meeting Minutes of
PUBLIC COMMENTS
UPON MATTERS ALREADY ON THE AGENDA
Lane Chesley,
Chair of Homer Advisory Planning Commission (HAPC), stated he was there in that
capacity to address the Commission. Mr. Chesley explained the HAPC has been considering
Commissioner Gann asked Mr. Chesley for a brief overview. Mr. Chesley said
the dedicated ROW runs along to the beach.
He explained the idea was to vacate the ROW and construct a trail access
to the beach. He said it would change
the ROW to take the trail from public (City-owned) to private domain with an
easement, explaining that an easement does not have the same longevity as a
dedicated ROW. Commissioner Gann asked
if there had been a precedent set for changing ROWs
to private ownership with a beach access.
Mr. Chesley answered that
Commissioner Hamik said the developers
are requesting that the 60 ft. ROW be vacated and they would like to donate 20
ft. for steps to the beach. She
questioned if it was a 20 ft./60 ft. exchange. Mr. Chesley
answered there is presently a 60 ft. ROW and a 20 ft. building setback on each
side. If the ROW goes away, the 20 ft.
setback on either side goes away. He
explained the building setback is a zoning tool, and building cannot be done
within the building setback. The setback
creates a safety buffer along the edge of a dedicated ROW. Mr. Chesley said
the proposal includes the 40 ft. setback (20 ft. building setback on each side
of the ROW) and 60 ft. ROW goes away and the land goes into private
ownership. The developer proposes an
easement across their property for a trail easement to the beach. The developer said they will address the
erosion and drainage issues with Public Works and construct a boardwalk to the
beach in exchange for the granting of the ROW vacation.
Commissioner McCallum questioned if
the ROW was a straight 60 ft. and asked Mr. Chesley
if he had walked it. Mr. Chesley stated he had not been to the site. Commissioner McCallum said you cannot walk
straight down it as the geography does not provide linear access. Mr. Chesley said
the developer has asked the HAPC to vacate the ROW for a trail easement, yet
the design to make it accessible is still unknown. He said without a design it may be premature
to accept the ROW vacation, as more footage may be needed for the trail. Commissioner McCallum said the grade on the
property would make it difficult for steps, as it is currently a
switchback. Mr. Chesley
reminded the Commission the developer is an experienced excavator and many
things can be done. Commissioner
McCallum said it was important to see the trail plan before agreeing to the ROW
vacation. Mr. Chesley
said those types of recommendations should be made to the HAPC for their
consideration.
Citizen
Mr. Smith told the Commission he was a
member of the BPC and they have found there are few ways to get to the
beach. Scientists say you should
disburse your access points to the beach for aesthetic purposes and to change
the impact to the beach. The BPC has
identified this particular area as one of the places that needed to be
developed for better access. A critical
function is to develop an area for parking, with a stairway down the steep
portion and a winding trail. Currently
people in the upper motel unit and the motel owner are parking in the
Crittenden St. ROW. Mr. Smith said the
area is a great place for public access to the beach and he believes it would
be a shame to give it up. He said it
would be inexpensive to develop it, as Public Works could do that sort of
thing. He said the stream would need redirecting to assure Mr. Warburton’s
property was not impacted. With a few
rocks it would help break up the velocity, taking away the erosive properties
of the water, making it a nice neighborhood stream.
Commissioner Gann questioned if the
developer was proposing to do anything with the 20 ft. Citizen Smith explained the developer wanted
to take the 60 ft. ROW and get 30 ft. of each piece of property and right down the center take a 10 ft.
easement. The City Code reads there is a
setback from a ROW or lot line, but not one from an easement. Mr. Smith said he drew up a plan for
Commissioner Tolva that if parking were developed with privacy concerns being
respected there is enough space in a 60 ft. ROW for a driveway, parking and a 6
– 8 ft. vegetated buffer on both sides.
He said there are many ways to mitigate the impact on the
neighbors.
Mr. Smith indicated Mr. Warburton has
been generous about allowing the public to use his walkway. When the BPC was putting forward their
recommendation his surveyor, Eric came in and said they didn’t want a pathway
developed to the beach as they would like to control the access.
Vice Chair Poore said she was not sure
of her position as she lived in the neighborhood. She questioned if she should pass the
gavel. Without a financial stake in the
property it was the Commission’s consensus she did not have a conflict of
interest.
Vice Chair Poore said she knew the
trail intimately and it was used by school groups and the community. She agreed that Mr. Warburton has been very
generous in allowing the public to use the access and in maintaining it,
although it behooves him to keep it maintained for his business. She cannot imagine giving up the ROW. Commission McCallum said if people choose to
build close to the lines they are not going to want people walking up and
down. If it is not developed by the City
prior to people building it will be difficult to maintain the kind of access
we’ve had to the beach through that area.
If a homeowner chooses to build a house with windows facing the trail it
would be a concern. Commissioner
McCallum said the trail should be developed prior to the lots being sold and
before a developer comes in, as the potential for severe limitations is too
great. Commissioner Tolva said without
knowing how future landowners would feel, why give away the public’s right at
60 ft. in exchange for a stairway and some maintenance for who knows how
long? She said there is a bench on the
way to the beach and it is one of the few accesses that doesn’t
cut off into a cliff. Ms. Tolva said you
can meander down and there is a bench with a tree, and you have 60 ft. to
choose how to get down to the beach.
Limiting it to 20 ft. would not be in the public’s best interest. Commissioner McCallum said it doesn’t account
for future environmental changes or geographical changes.
Commissioner Tolva said when ROWs were first made they were called highways and were
intended as public access, before roads.
There was then and still is today no way to anticipate all future
needs. Vacating the ROW is not the only
way to prevent motor vehicles from accessing the land. Ms. Tolva said the beach access is near the
school and in the middle of town, making it a natural for grant money. Even if it costs the City four times as much
as the contractor claims, it is still a better deal than giving away 40 ft. of
ROW.
HAPC Chair Chesley
told the Commission he hoped someone was taking good notes of the points
presented, as the Deputy Clerk is taking minutes. The points raised would be important
Mr. Chesley
said the HAPC sees these sort of cases on a regular
basis where you have a developer that purchases a piece of property with a
development plan in mind. Mr. Herndon
indicated he was interested in building condominiums there, which in itself
isn’t the reason to accept or deny a vacation request for a ROW. Just because a developer buys a piece of
property and plans are contingent upon vacation of a ROW, there is no
obligation for it to be granted to accommodate that type of development. If a buyer buys a piece of property they know
what they bought when they bought it. He
told the Commission they should feel no hardship for the developer by saying
no, because they took those risks when they purchased it. He concluded that is regular business of land
development.
Commissioner McCallum said in visiting
other beach communities, it is important to have more than one beach access for
both residents and tourists. Various
access points is important as it provides a greater
opportunity to access the beach and spreads the impact out. She would be disappointed to see the City
lose the access points, stating that the need to be protected for the community
and future commercial growth in a pedestrian manner. She believes the City is better suited to
guarantee the long-term access.
Mr. Chesley
said the vacation of a ROW has a high standard of criteria to qualify, whereas
easements have a much lower standard.
Just because a developer proposes putting in an easement doesn’t have
the same standing in protection of the law that a designated ROW does.
Commissioner Hamik expressed she would
like to see the 60 ft. remain, as it would provide the space for a pocket park
and the Commission is all for parks.
Mr. Chesley
said in land use decisions we place a high value on people being able to exercise
their right as private property owners.
The applicant in this case is in need of relief from the 20 ft. setback
that accompanies that ROW. There is no
mechanism in the Homer City Code (HCC) to reduce the setback from the dedicated
ROW, unless a provision is written into the Code. Mr. Chesley
explained the HAPC did just that in the Central Business District to encourage
businesses to front
Commissioner Tolva said the setback
waiver would mitigate the landowner’s concerns in this instance. They wouldn’t need the ROW vacated as they
could build closer to the line. Mr. Chesley said the developer indicated the 20 ft. setback was
creating a problem for his development.
The lots are narrow and loosing 20 ft. of land is substantial. Mr. Chesley said if
the action goes through the developer is proposing to vacate the lot line and move
the other lot line over 30 ft. to split the ROW between the two adjacent
property owners.
Commissioner Poore questioned the
historical precedent of the property as it has been used for years as beach
access. Mr. Chesley
said in looking at vacating a public ROW, the overriding public interest must
be considered. If the public has been
accustomed to accessing the trail what is the benefit to vacate the ROW? Commissioner Poore questioned if the public
had a right to the established trail since it has been used so long. Mr. Chesley said
the public has a right to it due to the virtue that it is a dedicated ROW. He added just because it is a platted road
doesn’t mean it can be built, as it is an involved process that requires a
review process. He said it is highly
unlikely it will be developed into a road with the current technology and
economics. Mr. Chesley
said there will be a day in Homer when the waterfront properties will be worth
a handsome sum. With other developments
happening along the beach area the HAPC took seriously the rock revetment that
was installed at Bishop’s Beach. People
are trying to do something with their lots to the areas that extend to the
beach. He referred to
Commissioner Hamik questioned if it
would be advisable that the Parks and Recreation Commission develop a plan for
the area to aid with the Borough’s support.
HAPC Chair Chesley said a short list with four
to six points would be appropriate. The
matter will be on the HAPC agenda March 2 or
STAFF REPORT
Planning Technician Engebretsen said
she would be commenting on different items as the Commission addresses them.
VISITORS
A.
Lane Chesley
– End of the
Lane Chesley,
Chair of the HAPC, told the Commission he was present on behalf of the Homer
Advisory Planning Commission to speak about the land parcel at the base of the
Homer Spit Trail. The land is across the
street from the
Vice Chair Poore stated there was
confusion about the item being discussed as the Commission has known a parcel
next to
Mr. Chesley
said again it all relates to ROWs and doing things
for the benefit of the public. The
The Commission said a crosswalk was
needed in the area.
TOLVA/HAMIK – MOVED THAT THE PARKS AND
RECREATION COMMISSION RECOMMEND THAT THE CITY COUNCIL LEASE FROM THE STATE OF
Note: Attachment A is a map of
the intersection of
VOTE:
YES. MCCALLUM, GANN, POORE,
TOLVA, HAMIK
Motion carried.
B. Kate Mitchell, Coast Guard “Sedge
Class” Buoy Tender
Memorial
(continued)
PENDING BUSINESS
A.
End of the
Planning Technician Engebretsen said
the City Manager asked her to advise the Commission that the City and Borough
are working on implementing a tsunami warning system. Large poles with a broadcast system will be mounted
in places yet to be determined. They are
likely to be on City property where they may be maintained. Possible locations are at the End of the
Planning Technician Engebretsen said
it is her understanding there is not currently a plan to finish the Spit
pathway. The City has asked DOT to put
it back on the STIP (State Transportation Improvement Program) list, but
without a time frame it may not be worthwhile to pursue.
The End of the
B.
Commissioner Tolva stated she received
a call from the Division of Forestry about obtaining trees, and learned it may
not be as easy as hoped. Planning
Technician Engebretsen said each spring the Boy Scouts have a tree sale and
Shirley Palmer could be contacted.
Commissioner McCallum reported that a
draft of the park survey would be presented at the March meeting and given to
participants at Community Park Day.
Chair Daugharty is to organize a work activity on the T-ball field at
Planning Technician Engebretsen
reported she talked with Tammy Hagerty, Parks Maintenance Coordinator and
learned she will provide six to eight trash cans for Community Park Day. Approximately $200 will be needed in supplies
for paint and brushes. It was
recommended the funds from Parks Reserves be used. The Commission discussed the idea of
soliciting donations of paint and supplies for the trash can painting
project. A work party to paint the trash
cans at Community Park Day is planned.
The Commission decided up to $500 may be needed for expenses for
Community Park Day.
MCCALLUM/HAMIK – MOVED THAT $500 BE
RESERVED FROM THE PARK FUND FOR EXPENSES ASSOCIATED WITH COMMUNITY PARK DAY ON
VOTE:
YES. POORE, GANN, HAMIK, TOLVA,
MCCALLUM
Motion carried.
GANN/MCCALLUM – MOVED TO SUBMIT
RESOLUTION 05- TO THE HOMER CITY COUNCIL TO MAKE MAY 14, 2005 TO BE COMMUNITY
PARK DAY.
VOTE:
YES. HAMIK, MCCALLUM, GANN,
POORE, TOLVA
Motion carried.
Commissioner McCallum reported that
she has discussed the idea of a fundraiser with young musicians. The funds raised would be used for park
improvements. A matching grant from the
City could also be asked. A battle of
the bands/musicians is the idea with participants paying and the winners of
each category appearing on the sponsor banner for the season. Mrs. McCallum said there are a wide variety
of young people who will not be chosen for Pops or Jubilee who would be willing
to pay to perform. The intent is to get
young people involved in parks and recreation.
When asked of the possibility of the
City providing a matching grant, Planning Technician Engebretsen replied that
she would need to discuss the idea with the Finance Director.
The Commission discussed setting up a
stage and electrical outlets at the
T-ball fields
Work party
Trash cans
Tree idea
The Commission requested that
C.
Pedestrian Easement Draft
The Commission discussed the need to
implement the Homer Non-Motorized Transportation and Trails Plan, and the need
that easement language needs to be in order.
HAMIK/MCCALLUM – THE PARKS AND
RECREATION COMMISSION RECOMMENDS TO THE CITY MANAGER THAT HE FORMS A POLICY
REGARDING THE MODEL TRAIL EASEMENT LANGUAGE ADOPTED IN THE HOMER NON-MOTORIZED
TRANSPORTATION AND TRAILS PLAN.
Commissioner Tolva said the Rotoract should be recognized for their hard work on the
trail easement language.
VOTE:
YES. GANN, POORE, MCCALLUM,
HAMIK, TOLVA
Motion carried.
D. Park Survey
Park Survey was discussed under Item
B.
E.
Planning Technician Engebretsen
reported the ditch repair at
Vice Chair Poore called for a recess
at
F. Flags as Crosswalks
This item was dropped.
G. Trails Committee
Commissioner Hamik said
A summary of the items discussed at
the meeting:
The
Crittenden vacation easement
Roundabout
at Greatland/Pioneer intersection
Providing
better non-motorized access standards for new developments
Sidewalk
for
Senior
citizen’s access trail
Branch
clearing
Commissioner Hamik reported that Ginger
Torres brought up the branch clearing issue, stating that Public Works is too
zealous. Her canopy of trees were
destroyed and trees were
mowed down with the equipment.
A large planter full of flowers was broken and the area looked
mutilated. She requested help from the
Parks and Recreation Commission.
The Commission added Right- of- Way Brush Cutting
to the March agenda.
H.
Work List
The
I.
Roundabouts
Commissioner Hamik said she is hearing
good things about roundabouts. In the
Town of Bellingham, Washington they realize how valuable and workable
roundabouts are. Mrs. Hamik talked to
Public Works Director Meyer about the mock exercise with the cones to create a
roundabout. She stated Mr. Meyer is
waiting for the DOT study and urged the Parks and Recreation Commission to be
patient. The Commission discussed the
roundabout idea and it was decided a test area may create opposition and may be
confusing. It was decided the Commission
would discuss roundabouts on an individual basis.
COMMISSION
BUSINESS
A.
Vacate Request for Crittenden Access
and Beach
The Commission discussed this item at
length under PUBLIC COMMENTS.
GANN/HAMIK – MOVED THAT THE PARKS AND
RECREATION ADVISORY COMMISSION RECOMMEND MAINTAINING THE
Commissioner Gann suggested a member
of the Commission go to the Planning Commission to represent the group. The important reasons for maintaining the ROW
rather than turning it into private development could be presented. He said it is an asset to the public to have
the ROW in place and to maintain it. It
is the last access the public has from there to the west. If the area becomes a trail it will improve
the property values of all the neighbors rather than two private property
owners.
The Commission listed the following
points in support of maintaining the ROW:
1. Historical beach access maintained
2. Very
few places along the north shore of
3 The
60 ft. public ROW is critical for creating appropriate access for the
topography of the area.
4. Valuable
connecting piece for trail loops utilizing the beach.
5. There
is no way to anticipate all future needs
6. Closest
access trail for schools, RV parks and lodging
7. Integral
piece of the trail system
8. Reduces
impact to the beach by spreading traffic access points to the beach
9. Maintaining
the ROW gives added protection as a legal standing
10. The
City is better suited to protect the public pedestrian ROW than private
property
owners would be
11. Improves
property value for both private owners and businesses
12. Provides
opportunity for a pocket park
VOTE:
YES. HAMIK, TOLVA, GANN, POORE,
MCCALLUM
Motion carried.
INFORMATIONAL
MATERIALS
A. City
B. Commissioners Meeting List – City
C. Letter from USDA, Re: Kenai Winter
Recreation Access Management Plan
COMMENTS OF
AUDIENCE
Lou Stewart stated Vice Chair Poore
did a great job as the Chairperson.
COMMENTS OF
COMMISSIONERS
Commissioner Hamik said Vice Chair
Poore did a great job. She would like to
have Roundabouts on the agenda as a standing item.
Vice Chair Poore said she appreciated
both Commissioners Tolva and Hamik at the Planning Commission meeting to cover
the ROW.
Commissioner McCallum said it was good
to see everyone again.
ADJOURNMENT
There being no
further business to come before the Commission the meeting adjourned at
____________________________________
JO JOHNSON, DEPUTY CITY CLERK
Approved: _________________________