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,
PRESENT: COMMISSIONERS VELSKO, ULMER, HARTLEY, KILCHER,
WEDIN, KILCHER, CARROLL,
STAFF: PORT & HARBOR
DIRECTOR HAWKINS
DEPUTY
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
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
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.”
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,
Renee Krause, Deputy
City Clerk I
Approved: