PORT AND HARBOR ADVISORY COMMISSION                                                                        UNAPPROVED

REGULAR MEETING                                                                                                                                 

JANUARY 23, 2008

 

 

Session 08-01 A Regular Meeting of the Port and Harbor Advisory Commission was called to order at 6:05    pm on January 23, 2008 by Chair Otto Kilcher at the City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 

 

PRESENT:                     COMMISSIONERS ULMER, KILCHER, CARROLL, HOGAN, MARTIN

                       

ABSENT:                       COMMISSIONERS VELSKO, MACKIE (EXCUSED)

 

STAFF:                         PORT & HARBOR DIRECTOR DEAN

                                    DEPUTY CITY CLERK KRAUSE

 

 

APPROVAL OF THE AGENDA

 

Commissioner Hogan requested including a discussion on Ethics under New Business, Item B. Intent to Continue Service.

 

The amended agenda was approved by consensus of the Commission.

 

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

 

None.

 

APPROVAL OF MINUTES           

           

A.                  Regular Meeting Minutes of November 28, 2007 

 

Commissioner Hogan requested confirmation that notification within a timely manner of an absence is sufficient.

Commissioner Ulmer commented she noted some typographical errors and will forward those to the clerk.

 

B.                  Special Meeting Minutes of December 19, 2007

 

The minutes of both meetings were approved by consensus of the Commission.

 

RECONSIDERATION

 

None.

                                                             

VISITORS         

 

None.

 

STAFF & COUNCIL REPORT/COMMITTEE REPORTS/BOROUGH REPORTS

(Chair set time limit not to exceed 5 minutes)

 

A.                  Port & Harbor Director’s Staff Report – January 2008                  

 

Port and Harbor Director Dean did not have anything further to add to his report. He did point out the letter from the Corp of Engineers regarding the permitting for a dolphin being turned down. As of now there will be no construction of a dolphin.

 

Commissioner Ulmer asked who comprised the Lease Committee. Chair Kilcher listed the members of the Lease Committee as follows: Regina Harville, Finance Director; Steve Dean, Port & Harbor Director; Philip Alderfer, Public at Large; Otto Kilcher, as a member of the Port & Harbor Advisory Commission. Chair Kilcher noted that they had requested John Velsko but he was unavailable. City Manager Wrede was present, but not as a part of the Lease Committee.

 

There was no further discussion.

 

PUBLIC HEARING (3 minute time limit)

 

None.

 

PENDING BUSINESS

                                     

A.         A.   Overslope Proposal                                                                         

                  1.   Memorandum 07-24 Dated February 1, 2007

                        Re: Overslope Development Task Force

                  2.   Chapter 21.55 Overslope District

                  3.   Overslope Development from January 18, 2006 Meeting

                  4.   Memorandum dated February 8, 2006 Re: Overslope Development to City Council

                  5.   Site Location Maps

 

           

ULMER/CARROLL- MOVED TO DISCUSS ITEM A., OVERSLOPE PROPOSAL.

 

Chair Kilcher noted that the main topic for discussion was the overslope proposal with the five attached backup documents. He commented that these could be discussed in any order the Commissioners wished.

 

Commissioner Ulmer felt the enclosed documents held some very important information.

 

Commissioner Hogan asked when the initial work was done on the Overslope issue regarding Overslope Development. Port & Harbor Director Dean stated it was done over a year ago, in 2006 and 2007.

 

Chair Kilcher gave a brief summary why this was in front of them again. Mike Yourkowski’s conceptual proposal for overslope development was next to the grid. He observed that this proposal did not fit into the areas previous designated for Overslope Development by the Commission. The next step would be to just decline his request and/or consider additional areas or remedies to the situation.

Commissioner Ulmer feels that this area does not fall within the designated areas, and those designated areas are not full so she does not see where she can approve this proposal unless there is a compelling reason to change or add to the previously designated areas.

Chair Kilcher agreed to a certain extent, but he also did not want to discourage development. He was open to development depending on the reasons given regarding the issue of overslope development in an area that was not designated. He commented that the Commission previously decided to start Overslope Development within areas where there was nothing first.

Commissioner Ulmer replied that she feels that the Commission needs to review the track record of the person or business that submits the proposal. That they need to consider everything that is presented to the Commission. Commissioner Ulmer felt that this is where the Overslope District document was very effective. She noted that the next step is not even to this Commission, but to Planning.

Commissioner Carroll commented he missed that meeting and asked about the nature of the comments from Mr. Brad Faulkner. Commissioner Martin commented that there was reference to the ongoing dispute between Mr. Yourkowski and Mr. Faulkner. Commissioner Carroll noted that the proposed area does not abut Mr. Faulkner’s property. Commissioners Hogan and Martin were of the opinion that there was personal issues involved and that even separating the personal issues there was still some remaining issues. The Commissioners concurred with their comment. Chair Kilcher observed that even if/or when the Commission decided on opening up other areas for development, it could be initiated but it would still have to be released first through the Request for Proposal process. Commissioner Hogan offered the suggestion of offering a property trade instead of going through the RFP process. Port & Harbor Director did not have an answer to his question. There was a brief discussion on the likelihood of approval.

Commissioner Ulmer asked if the Commissioners reviewed the Overslope District document. She opined that it was very precise in the requirements for overslope development. Chair Kilcher noted for the Commission that this document has not been adopted at this time by Council and Planning has not addressed or reviewed it either. Commissioner Martin stated that reading that last sentence of the Memorandum dated February 8, 2006 there would not be any availability in the area that Mr. Yourkowski was proposing.

Discussion ensued regarding overslope development in an area that already has so much congestion. The ensuing discussion additionally encompassed the recommendation of a trade, the congestion within the area next to the grid; and the possible opening up the area for parking.

The Commissioners discussed the proper motion to address Mr. Yourkowski’s proposal. Port & Harbor Director Dean clarified for the Commission that Mr. Yourkowski has not submitted this proposal to the City Council at this time; he has chosen to submit it first to the Port & Harbor Commission to get their opinion or recommendation prior to a formal submittal.

 

Mr. Martin reminded the Commissioners about his conflict of interest and would be abstaining from a vote.

 

HOGAN/ULMER – MOVED TO RECOMMEND MR. YOURKOWSKI RESUBMIT THE CONCEPTUAL OVERSLOPE PROPOSAL INDICATING ONE OF THE TWO DESIGNATED AREAS FOR OVERSLOPE DEVELOPMENT AND FURTHER RECOMMEND SUPPORT FOR A LEASE TRANSFER.

 

There was no further discussion.

 

VOTE. YES. KILCHER, ULMER, CARROLL, HOGAN

            ABSTAIN. MARTIN

 

Motion carried.

 

The Commissioners then addressed the Memorandum dated February 1, 2007 and what they could do to get this issue put back on the front burner of the City Council and the Planning Commission.

 

KILCHER/ULMER - MOVED TO FINALIZE ADOPTION OF THE OVERSLOPE DISTRICT DEVELOPMENT, HOMER CITY CODE 21.55.

 

There was no further discussion.

 

VOTE. YES. NON-OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

 

NEW BUSINESS

 

A.         Land Allocation Plan                                                                              

                     1.            Memorandum from City Clerk Re: Joint Worksession      

                     2.            Memorandum 07-23 Re: Land Allocation Plan 2007                      

 

MARTIN/ULMER – MOVED TO DISCUSS THE LAND ALLOCATION PLAN.

 

Port & Harbor Director Dean reviewed what was previously done in 2007 and restated the recommendations made by the Commissioners.

Commissioner Martin questioned the item regarding the Lot 12 Chip Pad; Port & Harbor Director Dean remarked that typically they have advertised all available lots at one time. There was a brief discussion regarding two entities. This discussion was not audible for the Clerk to properly notate within the minutes.

Commissioner Ulmer asked for Commissioner Hogan’s input since he seems to be up on this issue. Commissioner Hogan responded saying he felt that the City should divest itself of the land and get it on the tax rolls instead of being a landowner. It would bring more revenue into the City through taxes. He stated that the City has an incredible land inventory and does not feel the City should keep it unless there is a future purpose to warrant keeping the land.

Chair Kilcher advised that there were two options; one discuss it and leave it the same from last year and two or three Commissioners can go to the worksession and those Commissioners can make changes on behalf of the Commission. Chair Kilcher felt that during this worksession some issues may come up. Commissioner Ulmer stated the Council would be spending only so much time since it will be done on Council night.

Port & Harbor Director Dean stated that one of the most important outcomes is what lot can come out for Request for Proposal. He gave an example of the areas for Overslope Development. He then pointed out a few additional examples. He did agree with the same recommendations as last year. Commissioner Hogan asked if there were lots that he felt were important to Harbor operations. Port & Harbor Director Dean replied that at this time there are no lots offered for lease that the Harbor needs.

Chair Kilcher commented about parking on the spit, and if they could solidly define a long term parking plan, then they could designate which lots could be parking only and which would never be parking. Commissioner Martin commented about the bureaucracy in getting something done and this is a small town he could not imagine the process in a larger city. 

Commissioner Hogan reviewed the parcels and commented on the estimated values, he would like to see those put up for sale, he would like to see a discussion in the mix. Commissioner Martin commented that it needs to be on the agenda to be discussed properly. Commissioner Hogan stated they are discussing the Allocation Plan and that was the same issue. The Commissioners deferred to Chair Kilcher who replied that it was under open discussion and Commissioner Hogan could make a motion if he so desired.

 

HOGAN/KILCHER – MOVED TO RECOMMEND CITY COUNCIL IDENTIFY CITY OWNED PARCELS THAT SHALL BE DISPOSED OF (SOLD) FROM THE CITY’S INVENTORY.

 

Commissioner Martin asked Port & Harbor Director Dean for his opinion on what would happen. Port & Harbor Director Dean commented that he would be disappointed to sell lands that could generate funding for the Harbor because the proceeds from any sales would most likely go into the general fund, not to the Harbor; he remarked that it would be “shooting ourselves in the head and foot,” he related that it has come up many times before the City Council to sell the parcels in town. Commissioner Hogan asked if there was a valuation and/or listing where they could see what the City owned. The Commission responded where he could find that information, such as checking with the Borough. Commissioner Hogan stated that he was not thinking so much of parcels on the Spit, but the other property the City owned. Chair Kilcher commented that he is a bit apprehensive, however valid a discussion, he found that the Hillstrand property deal is ingenious and somewhat at the expense of the public with the parking, but with some rules and good solid planning there would be some semblance of control, otherwise it would be a disaster. Commissioner Hogan argued that the private property owners on the Spit are the highest utilized, developed and highly valued. He believes the parking issues on the Spit are the City’s failure.

 

Commissioner Martin related that the parking was changed over a period time from the initial leases. This can happen all over. Chair Kilcher commented that was the time that additional measures could have been taken by them.


 

Commissioner Ulmer called for the vote.

 

VOTE.   YES. KILCHER, CARROLL, HOGAN, MARTIN.

 

            NO. ULMER.

 

Motion carried.

 

B.         Memorandum dated January 17, 2008 Re: Intent to Continue Service on the Commission                                                                          

Chair Kilcher read the Memorandum from the Clerk regarding the requirements for letting the City Council and Mayor know their wish to continue serving on the Commission.

Commissioner Hogan asked if anyone attended the class held by the City Attorney regarding Ethics. Commissioner Carroll elaborated on a few points but the Clerk was unable to clearly hear his comments to include in the minutes.

Commissioner Hogan questioned the requirement to submit the Disclosure document since he just submitted it less than three months ago and nothing has changed since then. The Clerk responded that she would check the requirement with the City Clerk, but that another one probably would not be required.

 

Chair Kilcher asked if there was any further discussion. Commissioner Hogan stated that this addressed his question regarding Ethics that he added to the agenda.

 

There was no further discussion.

 

INFORMATIONAL MATERIALS

 

A.      Harbormaster’s Monthly Statistical Report for November 2007                                     

B.       Weekly Crane and Ice Report                                                                       

C.      Pioneer Dock                                                                                                

D.      Pioneer Dock Ferry Landings                                                            

E.       Fish Dock Revenue 2007                                                                              

F.  Resolution 07-108 Alternative Allocation Method for the FY08 Shared Fisheries

     Business Tax Program                                                                                  

G.  Resolution 07-113(A) Establishing the 2008 Meeting Schedule            

 

Port & Harbor Director Dean clarified for Commissioner Hogan the last column of the Fish Dock Revenue Spreadsheet, Item E; that this chart showed the Budgets projected for 2007 and what the actual budget ended up being and the percentage amounts.

Further discussion ensued regarding the possible projected economic impact to Homer regarding the decrease in Ferry Landings. Clarification was made that the longshoreman involved are state employees in response to a question from Commissioner Hogan. Port & Harbor Director Dean stated his main concern was the direct and/or indirect impact on Harbor operations. He then commented that there was a recent meeting between the Mayor and various officials. Discussion continued regarding why the Ferry System does not pay the City and alternative schedules for the Ferry. Commissioner Carroll recommended checking out how other ferry systems are run.

                                                             

There were no further discussions.

 

COMMENTS OF THE AUDIENCE

 

None.


 

COMMENTS OF THE CITY STAFF

 

Port & Harbor Director Dean had no comments.

 

Deputy City Clerk Krause said they were doing great.

 

COMMENTS OF THE CHAIR

 

Chair Kilcher felt that there should be a workshop held by the City for Executive Sessions as he was a bit unsure about the whole executive session portion of the meeting; he feels that there was some clarification needed regarding the lease committee going into Executive Sessions. Other than that he did his best to extend the meeting tonight, but that was all he had.

 

COMMENTS OF THE COMMISSION

 

Commissioner Hogan wished everyone a nice evening and agreed that it was a good meeting.

 

Commissioner Carroll complimented the Harbor employees for putting the recent fire out even before the Fire department got to the scene.

 

Commissioner Martin commented that it was a good meeting.

 

Commissioner Ulmer had no comment.

 

 

ADJOURN

 

There being no further business before the Port and Harbor Advisory Commission Chair Kilcher adjourned the meeting at 7:30 p.m. The next meeting is scheduled for February 27, 2008 at City Hall, Cowles Council Chambers, 491 E. Pioneer Avenue, Homer, Alaska.

 

 

                                                           

Renee Krause, Deputy City Clerk I

 

 

Approved: