PORT & HARBOR ADVISORY COMMISSION                                                              UNAPPROVED

REGULAR MEETING                                          

APRIL 22, 2009

 

Session 09-03 A Regular Meeting of the Port and Harbor Advisory Commission was called to order at 6:00 pm on April 22, 2009 by Chair Otto Kilcher at the City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 

PRESENT:                    COMMISSIONERS VELSKO, ULMER, HARTLEY, KILCHER, WEDIN, KILCHER, CARROLL, AND HOGAN

 

STAFF:                         PORT & HARBOR DIRECTOR HAWKINS

                                    DEPUTY CITY CLERK KRAUSE

 

APPROVAL OF THE AGENDA

 

Commissioner Hogan wanted to move Item J from Informational Items to Pending Business Item D. Chair Kilcher wanted to remove Item A under Pending Business. Rescue 21 would not be attending this meeting.

 

The amended agenda was approved by consensus of the Commission.

 

PUBLIC COMMENT REGARDING ITEMS ON THE AGENDA (3 Minute Time Limit)

 

There were no comments.

 

RECONSIDERATION

 

None.

 

APPROVAL OF MINUTES       

           

A.         Meeting Minutes of February 25, 2009     

 

Chair Kilcher requested a motion to approve the minutes.

 

ULMER/VELSKO – MOVED TO APPROVE THE MINUTES AS PRESENTED.

 

There was no discussion.

 

VOTE. YES. NON-OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

                                                             

VISITORS       

 

A.          Julie Engebretsen, Planning Technician, Discussion and information on Overslope Development, Draft Ordinance and Where to Start on Design Criteria Requirements

 

Chair Kilcher requested a motion to bring to the floor.

 

ULMER/HOGAN – SO MOVED.

 

There was no discussion.

 

The motion was approved by consensus of the Commission


 

Planning Technician Engebretsen using photo examples of current overslope opened discussion by asking what the Commission would like to see on the Spit. The standards developed can be themed such as in Seward, Alaska. She requested input from the Commission on what they wanted to see on the Spit.

Discussion included the following:

1.     Establish rules that can be accommodating, but not restrictive.

2.     Keep it simple.

3.     No set design or theme. A cohesive appearance, no big barns.

4.     Focus on the setbacks, and public open space.

5.     Aesthetics of the building not important as size of overall platform; use of bright colors okay on buildings.

6.     Restrictions or limitations to tying up to the platforms should be limited to deliveries only.

 

Further discussion included:

a.             Using the current requirements for the Central Business District modifying them as needed for developing the requirements for Overslope Development. This would not apply to the uplands.

b.             Determining how large a platform can be built; current language states 60 feet in width. Commissioner Velsko stated that prior research indicating that the further out you build additional geological factors that will increase developer’s costs was used to determine the 60 foot width limitation. When would a smaller platform be allowed? If this is flexible, the language should reflect that platforms are generally 40 to 60 feet in width.

c.             Port and Harbor Director Hawkins reiterated that the size was determined to keep away from the aesthetics of one platform at 40 feet, the next at 60, which gives that saw-toothed appearance.

d.             That if a platform only 40 feet in width would not allow for the open space, the building, etc. It would be congested and not allow “life” to occur on the platform.

 

Planning Technician Engebretsen commented that the question then is how much open space is required. She stated what the original requirements specified. Commissioner Velsko felt that the open space requirement should be on the uplands side instead of using up the valuable platform space. Chair Kilcher stated that the original intent was to leave open space for viewing of the harbor.

Planning Technician Engebretsen stated the current ordinance regarding pedestrian accommodation. Commissioner Velsko felt it was adequate.

Discussion continued on future development of overslope; an example used was a developer building a 25 feet high x 240 foot long x 60 foot wide building. The Spit Mall. In the Central Business District, this type of building is permitted; but it must be staggered.

Planning Technician Engebretsen in response to Commissioner Hogan’s question stated all buildings would be by conditional use. During this process, requirements can be outlined to allow a building this size. Further discussion on what the percentage of open space should be required depending on the size of the platform ensued.

Commissioner Hogan received confirmation that overslope sites will be leased independent of upland leases. Chair Kilcher reminded the Commissioners the intent of overslope development was to get the businesses to move out over the water and the upland used for parking. This brings up the parking issues. The Commission agreed that the overslope lease should be contingent on existing upland development.

Planning Technician Engebretsen responded that the current ordinance does not address parking which is notably a huge issue on the Spit. She stated she expects the feedback during the Spit Comprehensive Plan will reflect it is a big problem.

Planning Technician Engebretsen then re-focused the discussion on where Overslope Development would be allowed and commented that this be incorporated into the current Ordinance. There was brief discussion regarding overslope development in existing developed areas of the spit. Chair Kilcher noted it would be less problematic to start in a fresh area.

 

 

Staff will contact an engineer to get a recommendation on the sheet pile wall construction. Port and Harbor Director Hawkins stated that the money has been retained for the completion of the Spit Trail. He continued to explain that it will connect the Bike Trail and established the pathway for the pedestrian trail that will go in front of the buildings and Harbor offices to the End of the Spit Park. There was a brief discussion on where the trail will connect, the size of the easements, connection to park behind Icicle Seafoods, and when the project will commence.

 

There was no further discussion.

 

STAFF & COUNCIL REPORT/COMMITTEE REPORTS/BOROUGH REPORTS

(Chair set time limit not to exceed 5 minutes)

 

A.            Port & Harbor Director’s Staff Report – March and April 2009

           

Port and Harbor Director Hawkins reviewed the reports for March and April. The new patrol truck has been ordered; of the twelve bid packages, requested only two bids were received. He commented about dredging for the Hickory berth has been completed and sold to English Bay Corporation. There has been some inquiry in short term lease for a scrap metal company. He noted that Deputy Harbormaster Clarke has a knack for writing grants. The grant process is very tedious and he picked up the ball and carried it through. Scanning of lease files is almost complete. Would like to encourage two commissioners to volunteer to serve on this committee.

 

There was no further discussion.                                                                                                

                                                              

B.         Lease Committee Report (if a meeting was held since the last Commission meeting)           

            a.         Meeting Minutes of the February 12, 2009 Special Meeting

 

Commissioner Velsko reported that the negotiations would be starting for the Kachemak Port Services. The Committee reviewed and discussed Chapter 11 and Chapter 14 of the Lease Policy. They discussed becoming a joint partner with a business/building owner when they are interested in selling their enterprise.

 

There was no further discussion.

 

PUBLIC HEARING (3 minute time limit)

 

None.

 

PENDING BUSINESS

                                     

a.             Rescue 21 Memorandum of Agreement –

b.             Discussion on what Plans Rescue 21 has for the Future

 

This was removed from the agenda, as Rescue 21 was unable to attend the meeting.

 

B.            Memorandum dated March 19, 2009 Re: Proposed By-Law Changes                                  

            a.        Adding agenda items

            b.        Adding Student Member  

            c.        Special Meeting agendas

 

Chair Kilcher requested a motion to bring to floor for discussion.


 

HOGAN /ULMER – SO MOVED.

 

There was no discussion.

 

Motion was approved by consensus of the Commission.

 

Commissioner Hogan verified the process for recommending and approving the changes to the by laws and if they could add any additional changes. He wanted to include adding a Council member as a member of the Commission. Deputy City Clerk Krause advised those new changes would have to go through the advisement period and meetings as stated.

 

ULMER/VELSKO – MOVED TO ACCEPT THE BYLAW CHANGES.

 

Chair Kilcher responded that they note the change and City Council could make the decision since they would probably make their own tweaks to these changes. Deputy City Clerk Krause requested more clarification on the additional change to the by laws. Commissioner Hogan responded and added was not sure he wanted to include this change with the others. Commissioner Ulmer suggested a rotating Councilmember as a representative. Commissioner Hogan suggested the Commissioners just start attending the Council Meetings.

 

VOTE. YES. WEDIN, KILCHER, ULMER, VELKSO, CARROLL, HARTLEY, HOGAN

 

Motion carried.

 

There was no further discussion.

 

C.            Memorandum dated March 19, 2009 Re: Budget Review

 

Chair Kilcher requested a motion to discuss.

 

HOGAN/ULMER – SO MOVED.

 

There was a brief discussion about the topics.

 

The motion was approved by consensus of the Commission.

 

ULMER/HARTLEY - MOVED TO SPEND 15-20 MINUTES AT EACH MEETING TO REVIEW A SECTION OF THE BUDGET, COMMISSIONERS CAN SUMMIT QUESTIONS TO THE STAFF. STAFF CAN CLARIFY OR ANSWER QUESTIONS AT THE NEXT MEETING FOR THE COMMISSION.

 

Discussion covered the following:

1.             Importance of having Budget Review as a regular agenda item.

2.             Finance was the only staff experienced enough to explain the budget procedure.

3.             Learning the terms would be beneficial and a starting point.

4.             Learning the budget process is important in knowing where the money is spent.

5.             A 10-20 minute time limit would increase at each meeting.

6.             Review of the budget by sections and submitting questions.

 

Port and Harbor Director Hawkins briefly outlined the first step in the budget process. He responded that the Commissioners could submit questions and he could have the answers at the next meeting. Chair Kilcher suggested adding a section to the Staff Report that would become an avenue for question and answers, allowing discussion. Deputy City Clerk Krause recommended amending the motion on the floor.

Chair Kilcher recommended voting down the motion on the floor and making a new motion.

 

 

There was a brief discussion on the current motion. Agreement was reached that it was general enough and would cover the inclusion of the topic in the monthly staff report.

 

VOTE. YES. KILCHER, ULMER, VELSKO, CARROLL, HARTLEY, HOGAN, WEDIN

 

Motion carried.

 

There was no further discussion.

 

D.            Memo from City Manager Wrede dated March 19, 2009 Re: Memo dated February 10, 2009 Regarding Tariff Rate Changes

 

Chair Kilcher requested a motion to discuss.

 

HOGAN/CARROLL - MOVED TO BRING TO THE FLOOR FOR DISCUSSION.

 

There was no discussion.

 

VOTE. YES. NON-OBJECTION. UNANINMOUS CONSENT.

 

Commissioner Hogan opened the discussion explaining the reason for moving this item from Informational Items to Pending Business. He explained that in his opinion the memo submitted by the City Manager was an inadequate response to the complaint. He has received an informal legal opinion on the requirements of the Homer City Code regarding public notification of tariff increases and that attorney disagreed with the City Manager’s response. Commissioner Hogan further stated that all proposed increases should be presented to the Commission to review and allow public comment before approval. He was concerned that the City would incur heavy expenses if a resident decided to sue the city. He further alleged that an actual violation was perpetrated by City Council. He reported that earlier today he had an opportunity to speak with the City attorney asking him if he was aware of the memo and its contents. He stated the City Attorney responded he had not seen the memo in question. In response to Commissioner Wedin, he did not feel the actions in the memo solved the problems. He wanted the City to follow the letter of the law.

He suggested a memo should be sent to City Manager Wrede stating his explanation was unacceptable.

 

Commissioner Velsko agreed with Commissioner Hogan that it was a “Gotcha.” He questioned what was to gain by rubbing it into the City Manager and Council’s face. He advised moving forward on this issue. He believes that City Manager Wrede acknowledged before Council that mistakes were made in the past. In this memo, he outlined what will be done in the future to avoid those mistakes. He considered the recommendations in the memo would make the process transparent. He further held that it was the responsibility of the Commission to make sure the process was followed. To continue any further on this issue would be counterproductive and there was no further action needed. He suggested asking City Manager Wrede to attend the next meeting to answer their questions. He did not support requesting attendance by the City Attorney adding expenses to the City.

 

Commissioner Ulmer questioned if there was a motion that Commissioner Hogan would like offer. He responded that he would not make the motion. She commented that the options listed in the memo do allow the Commissioners the opportunity to be more involved in the process if desired. She questioned Commissioner Hogan on the results he wanted or expected.

 

Commissioner Carroll did not agree with the Commission holding public hearings. He believed that they were not knowledgeable enough to answer questions related to budgets or handle angry residents. He further acknowledged the Council was more experienced in dealing with the responses of the public. He commented that price increases were inevitable and unavoidable. It was an accepted cost of living.

Chair Kilcher recalled past public discussions on rate increases and remembered a very intense process that included the public comment. He can understand cutting back to save money on staff time and expense but did not condone the action. He acknowledged it did seem more transparent in the past than it has been the last few years. He believed that public awareness of the increases fall under the obligations of the Commission. He additionally agreed that historically a public hearing was held. He approved in not expending more city funds on this issue. Chair Kilcher understood that mistakes were made but that to continue this course does not assist in bettering the relationship the Commission has with City Administration and Council. He further presumed to continue would draw the unwanted attention mentioned.

 

ULMER/WREDE - MOVED TO INVITE CITY MANAGER WREDE TO DISCUSS MEMORANDUM DATED MARCH 19, 2009 RE: TARIFF RATE CHANGES AT THE MAY 27, 2009 MEETING.

 

Commissioners discussed inviting the City Attorney and decided against incurring more costs for the city. The discussion briefly included that these increases cost the City business by deterring angler, recreational and commercial, to come to Homer.

 

VOTE. YES. ULMER, VELSKO, CARROLL, HARTLEY, HOGAN, WEDIN KILCHER.

 

Motion carried.

 

E.             Strategic Plan

a.           Worksession re-cap

b.           Prioritization

c.           What’s next?

 

Chair Kilcher requested and motion to discuss.

 

VELSKO/HARTLEY – SO MOVED.

 

There was no discussion.

 

VOTE. YES. NON-OBJECTION. UNANINMOUS CONSENT.

 

Discussion was entertained regarding development of the strategic plan. Planning Technician Engebretsen will organize and produce the worksession notes for the next meeting. Commissioners will complete the handout from Planning Technician Engebretsen and return in the next week or two. The Commissioners are to prioritize the list as shown. Additional items can be added also. Staff will research the status of the Spit Restroom monies.

Port and Harbor Director Hawkins responded to questions on the amount of work that can be requested from Public Works. He explained that typically Public Works repairs something not constructs it in response to a question posed about water on the docks. He further expounded that it would need to be budgeted and then contracted out.

 

There was no further discussion.


 

NEW BUSINESS

 

A.            Memorandum from Port & Harbor Director Hawkins dated March 18, 2009

Re:       Change to Homer City Code 21.30.030

a.         Copy of Draft Ordinance 09-XX Caretaker Ordinance for the Marine Industrial District as a component of application for a Conditional Use Permit.

b.         Copy of Homer City Code, 21.30

 

Chair Kilcher requested a motion to discuss.

 

HOGAN/ULMER – SO MOVED.

 

There was no discussion.

 

VOTE. YES. NON-OBJECTION. UNANIMOUS CONSENT.

 

Clarification was given that this zoning amendment affected the Marine Industrial zone only. Who and how the square footage recommended was determined in the draft ordinance. Port and Harbor Director Hawkins stated that he suggested the 300 square foot maximum after considering what is a caretaker or watchman requirements and duties were. The Planning Commission has reviewed this amendment and they wanted input from the Port and Harbor Commission.

The Commission acknowledged there was a problem with people living on the Spit. Commissioner Velsko suggested looking at what was driving the increase in the problems.

Port and Harbor Director Hawkins stated that reviewing the leasing he discovered the violations and when the violations were addressed the lessee responded they would get a Conditional Use Permit (CUP). The current ordinance allows a caretaker’s residence under the CUP. The problem is that there are no restrictions on the allowable structure. It could be anything from a three story house to a chicken coop, raise pigs, anything they want.

 

Commissioner Hogan stated before going further that he might have a conflict. He currently does not have a caretaker, but may have one in the near future and has had one in the past.

 

CARROLL/HARTLEY – MOVED THAT COMMISSIONER HOGAN MAY HAVE A CONFLICT OF INTEREST.

 

After several minutes of discussion, the Commission established that Commissioner Hogan might appear to have a conflict. They valued his input but agreed to be prudent and not have Commissioner Hogan participate.

 

VOTE. YES. VELSKO, CARROLL, HARTLEY, WEDIN, KILCHER, ULMER

 

Motion carried.

 

Commissioner Hogan excused himself from the table.

 

Discussion continued on the exact areas the amended ordinance would apply. The ordinance applies directly to having a caretaker living in the Marine Industrial area and how to deal with the issue. Determining the appropriate size of the residence; the possibility of more people having rooms in the buildings that are being lived in; the recommended changes would not be dangerous to businesses but should take great considerations to address the issue in the future, as enforcement and conditions get tighter.

 

ULMER/ - MOVED THAT THE COMMISSION APPROVE THE RECOMMENDATIONS BY STAFF TO AMEND HOMER CITY CODE 21.30.030.

 

 

The Commission discussed the following:

1.                   Presented arguments that a lessee who is paying their rents will presume they can do what they want on the property.

2.                   Restrictions may have economic impact.

3.                   Does not apply to businesses wanting to provide temporary quarters for seasonal workers.

4.                   These changes could be amended in the future.

5.                   Changes were directed at specific persons.

6.                   Life, health and safety concerns.

7.                   There should be more discussion on the proposed change to allow public comment.

 

The Commission was reminded that this would go before Planning Commission and Council followed by public hearings. This offers more opportunities to tweak the ordinance and public input. Each Commissioner offered their perspective on the recommended changes. Commissioner Ulmer called for the vote.

 

VOTE. YES. HARTLEY, WEDIN, ULMER

 

VOTE. NO. CARROLL, KILCHER, VELSKO

 

Tie vote. Motion failed.

 

There was no further discussion.

 

B.            Underway Policy Tariff Change

 

Chair Kilcher requested motion to discuss.

 

VELSKO/ULMER – MOVED TO BRING TO THE FLOOR FOR DISCUSSION.

 

There was no discussion.

 

VOTE. YES. NON-OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

Chair Kilcher outlined what the underway tariff addressed was vessels that did not move anywhere through the tariff and moorage agreement.

 

VELSKO/ULMER – MOVED TO APPROVE THE AMENDMENTS TO THE MOORAGE AND TARIFF AGREEMENT.

 

Port and Harbor Director Hawkins gave background on the recommendation to add an “underway clause” to the agreement. It will not solve the problem of derelict vessels but the additional fees may deter some owners from mooring in the Harbor. It may even encourage the owners to abandon the vessels sooner. The added fees may be considered “unfriendly.” He explained this is used as a tool by many Harbors in the Lower 48. He added that this was suggested to him many years ago by a crabber. Moorage is accounted for every evening so they will know who has not left the Harbor. Harbor personnel can tell them to “keep moving, keep moving.”

In response to a questions and statements by Commissioners, regarding proof of insurance requirements and presenting claims to the insurance companies for derelict vessels Port and Harbor Director Hawkins stated it would take one person to maintain a file due to certificates expiring at different times. He currently does not require proof unless to vessel is suspect in his opinion. There was some concern that this is not monitored closer given the financial liability to the City.

 

There was some further discussion on the requirements of the lease holder to have to go and move his vessel out for a specific time-period.

 

VOTE. YES. NON-OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

There was no further discussion.

 

C.            Spit Comprehensive Plan and Parking Study Committee – Volunteer or Nominated?

 

Chair Kilcher requested a motion to discuss.

 

ULMER/CARROLL – SO MOVED.

 

There was no discussion.

 

The motion to discuss was approved by consensus of the Commission.

 

Commissioner Hogan stated he has submitted his application to be on the Committee. Deputy City Clerk confirmed that Council recommended two Port and Harbor Commissioners be appointed to the Committee along with two Planning Commissioners. Commissioner Wedin stated he would be very interested in being a part of the committee but before committing, he needed information on the meeting schedule.

Deputy City Clerk Krause will check with the contractor to see if they have an idea on the meeting schedule yet.

 

There was no further discussion.

 

INFORMATIONAL MATERIALS

 

B.            Harbormaster’s Monthly Statistical Report for February & March 2009                                 

C.            Weekly Crane and Ice Report                                                                               

D.            Pioneer Dock                                                                                         

E.             Pioneer Dock Ferry Landings                                                                                            

F.             Deep Water Dock                                                                                               

G.            Water Usage

H.            Memorandum to City Manager Dated March 12, 2009 Re: Revised request to Track Harbor Generated Sales Tax Revenue                                                                                      

I.             Commissioner Attendance Schedule for Council Meetings 2009                  

J.             Resolution 09-08(A) Creating the Spit Comprehensive Plan Committee       

K.            Memorandum 09-39 dated February 10, 2009 Tariff Changes                                

L.             Letter regarding Derelict Vessels Dated February 18, 2009                                     

M.            State of Alaska DOT/PF News Releases regarding Ferry                           

N.            Resolution 09-33(A) Land Allocation Plan                                                 

O.            Resolution 09-35 Awarding the Contract for the Spit Comprehensive Plan   

 

Item K was moved to Pending Business Item D.

 

There was no further discussion.

 

COMMENTS OF THE AUDIENCE

 

There were no comments.


 

COMMENTS OF THE CITY STAFF

 

Port and Harbor Director Hawkins commented on the caretaker ordinance regarding requirements of a lease. Leaseholders are not allowed to do whatever they want. There are requirements specified in the lease that must be followed. He invited any of the Commissioners to take a tour of the Spit and he will point out what the ordinance addresses. He stated that the Commissioners must remember they are the Landlord and must think like a landlord. Landlords are nit-picky.

 

Deputy City Clerk Krause had no comments.

 

COMMENTS OF THE COUNCILMEMBER (If one is appointed)

 

None.

 

COMMENTS OF THE CHAIR

 

Chair Kilcher stated he did not attend the worksession on purpose but that tonight would be his last meeting, 6:00 p.m. is too early for him, he has too much to do and it was a hard decision to make but he is resigning from the commission. He has been on the Commission for over ten years.

 

The Commissioners expressed their dismay over his announcement.

 

COMMENTS OF THE COMMISSION

 

Commissioner Hogan commented on the caretaker issue. He will in the future have a caretaker/watchman for a new enterprise he will be developing. There are additional issues that should be addressed, sanitation, pets, and livestock. He thanked the Commissioners for tolerating him.

 

Commissioner Carroll commented on conditions at the docks regarding battling the eagles, sanitation and that DEC has not got on the city for the conditions.

 

Commissioner Wedin had no comments.

 

Commissioner Hartley had no comments.

 

Commissioner Ulmer commented that they were a good bunch.

 

Commissioner Velsko, “Good night, Irene.”

 

ADJOURN

 

There being no further business before the Port and Harbor Advisory Commission Chair Kilcher adjourned the meeting at 8:45 p.m. The next regular meeting is scheduled for 6:00 p.m. on May 27, 2009 at City Hall, Cowles Council Chambers, 491 E. Pioneer Avenue, Homer, Alaska.

 

 

                                                           

Renee Krause, Deputy City Clerk I

 

 

Approved: