Palmer sets standards for large stores

October 21, 2005

DAWN DE BUSK\Frontiersman reporter

PALMER - The Palmer City Council, at its Tuesday work session, focused on fine-tuning a proposed ordinance to govern how large retail establishments will be allowed to develop within city limits.

The need for a large-retail store ordinance arose after it was discovered that Wal-Mart had been eying property off the Palmer-Wasilla Highway to build one of its stores. Many community concerns regarding big box stores and their effects on the small-town atmosphere and locally owned businesses were first addressed when Fred Meyer moved into Palmer in 2003, Mayor John Combs said.

&#8220We can't put up a ‘closed for business' sign all the way around town,” Combs said.

Tuesday night, the council listened to suggestions from constituents, debated whether Wal-Mart's low costs put small businesses under and if it was the city's responsibility to manipulate a free-market economy. Also, there was a lengthy discussion regarding the necessity of a public hearing once the ordinance is finalized.

The proposed ordinance now states that during the final stages of agreement between the city and the company wishing to do business in Palmer, the city manager would review everything and give tentative approval. Then, the council would approve that decision.

An earlier draft stated that a public hearing would be needed under certain circumstances.

However, prior to the work session, city attorney Jack Snodgrass revised the wording to reflect the need for a public hearing in all cases.

Council member Brad Hanson said public input would be gathered in earlier stages to help form the ordinance. Then, once the final agreement was in place, no more public hearings would be necessary, he said.

Council member Jim Wood, however, said the role of a public servant requires the city to provide the public another opportunity to speak.

Most council members agreed.

&#8220I feel more comfortable with a public hearing but do we want to have the same dog-and-pony shows over and over?” council member Tony Pippel said. &#8220Both Mr. Hanson and Mr. Woods are right.”

If the council doesn't have a public hearing, it expedites the process, enables the council to make dispassionate decisions and keeps 100 people from showing up. On the other hand, the public would be upset if denied a hearing, Pippel said.

At the end of the meeting, Hanson explained that being elected means a person has been entrusted to play a leadership role, making decisions after public input is gathered.

Already, the ordinance has been refined - reflecting public requests and council concerns - to include adequate landscaping such as 5-foot-tall trees, windproof fencing, limited hours, set routes the delivery trucks will run and attention to traffic patterns.

Council member Larry Hill stressed the importance of vehicle traffic and pedestrian safety as well as concern for road maintenance.

Wal-Mart submitted a traffic analysis to the Alaska Department of Transportation and Public Facilities, according to Combs.

&#8220I see there are no daily fines for noncompliance,” Palmer resident Mary Ann Cockle said during audience participation.

Council member Kathrine Vanover said she would like to see some teeth in the ordinance, giving the city power to hold large retail establishments accountable for complying with landscaping, traffic, lighting and other city requirements.

The wording of the ordinance should protect the city legally if any future business doesn't comply, Snodgrass said.

&#8220I want belts and suspenders on this. The judge isn't attending these meetings, so the language should be clear for the judge to read,” he said.

If a big-box store doing business in Palmer didn't adhere to the ordinances even after city officials asked for compliance, the city could go before a judge and request an injunction. Law enforcement officers would then lock the doors of the noncompliant business. Since the court had stepped in, the city could not be sued for loss of profits while the store was shut down.

&#8220We'll file for an injunction if they keep rolling by with no mufflers at 3 a.m.,” Snodgrass said.

Council members agreed it wasn't appropriate to force size restrictions upon potential businesses, any more than it would be logical to dictate aesthetics or color of structure in the ordinance.

&#8220The market should determine the size of the building,” council member Ken Erbey said.

Snodgrass and city planner Sara Jansen will revise the ordinance and then turn it over to the Palmer planning and zoning department. If it meets with approval there, the ordinance will come before the council again and the public will be allowed to give input.

Contact Dawn De Busk at 352-2252, or dawn.debusk@frontiersman.com.