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HomeMy WebLinkAbout10201997 . PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF OCTOBER 20,1997 The City Council of the City of Port Townsend met in regular session this 20th day of October, 1997, at 6:30 p.m. in the Port Townsend Community Center, Mayor Julie McCulloch presiding. ROLL CALL Councilmembers present at roll call were Jean Camfield, Bill Davidson, Kathryn Jenks, Ian Keith, Diane Perry-Thompson, Ted Shoulberg, and Mark Welch. Also present were City Clerk, Pam Kolacy, City Administrator Michael Hildt, police Chief Jim Newton, BCD Director Bruce Freeland, City Attorney Tim McMahan, Director of Public Works Bob Wheeler, and Library Director Linnea Patrick INTRODUCTIONS AND RECOGNITIONS There were none. PRIORITY PRESENT A TION There was none. AGENDA CHANGES OR ADDITIONS . Ms. Jenks suggested moving items A (Policies and Procedures Committee) and B (Council President Job Description) under Councilmembers' General Discussion to Unfinished Business just after the Public Hearing. Consensus: Move items A and B under Councilmembers' General Discussion to Unfinished Business. CONSENT AGENDA Councilmember Shoulberg moved to approve the following items on the Consent Agenda. Councilmember Camfield seconded. The motion carried unanimously by voice vote. Approval of the following Bills and Claims: 101 Current expense $90,289.75 094 Garbage 59,819.92 110 Street 225,671.16 120 Library 3,254.53 130 Park 3,006.08 150 Hotel-Motel Transient Tax 4,270.00 180 Capital Improvement 25,009.71 . City Council Minutes Page 1 October 20, 1997 411 Water-Sewer 46,463.03 . 412 Stom and Surface Water 2,358.87 500 Equipment Rental 56,801.00 610 Firement's Pension and Relief 432.62 TOTAL $ 517,387.67 Approval of Progress Payment #4 to Lakeside Industries, Inc. - San Juan Roadway Improvements Approval of Resolutions: Resolution No. 97-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A LICENSE AGREEMENT FOR CITY USE OF KALA POINT PROPERTY FOR RADIO ANTENNA INSTALLATION Communications: Date Author Topic and Proposed Action Monthly Report- for information 9-97 Public Works . 10- 7-97 R. Unbedacht Comments on Waterman Katz lease- for info 10-8-97 J. McCulloch, I. Keith, T. Shoulberg to R. Wojt. Urban Growth- for information 10-9-97 10-14-97 L. Kessler to H. Beck Comments on passenger-only ferry - for info Litigation update, Madge Wallin appeal- for info T. McMahan L. Patrick Summary of Non-Budget Funds-for information PUBLIC COMMENTS Rev. Bill Maxwell, Library Board Member Spoke on behalf of funding for the library and in support of library programs. Dr. Phyl Speser Spoke in opposition to the Waterman-Katz project. Vern Garrison Spoke in opposition to the Waterman-Katz project. Frank D'Amore . City Council Minutes Page 2 October 20, 1997 . . . Spoke in regard to latecomer agreements and problems he has had with his project at Tibbals Lake. Noted this as an example of ordinances the city has created without giving proper support to staff in terms of budget or direction for carrying them out. Michelle Sandoval, Realtor Spoke in support of Mr. D' Amore, expanded upon circumstances surrounding water tap at Tibbals project. John Nessett, Jefferson Title Company Spoke in support of Mr. D' Amore. Robert Harris. Spoke in support of Waterman-Katz project. Characterized it as sound and good financial decision, noted that roadblocks to action now cost taxpayers money. There being no further public comment, the mayor closed the public comment period. ST ANDING/AD HOC COMMITTEE REPORTS Announcement that the council would meet as a committee of the whole on Friday, October 22, to discuss public facilities and consider answers for information requested on September 3. The rest of committee reports, mayor's report and staff reports delayed until after the scheduled public hearing. PUBLIC HEARING Interlocal agreement between the city and Port Townsend School District for a Cable PEG Access Studio. (Open record) Speaking in favor: Dan Harpole, County Commissioner Supported the studio, noting the intention of the county to earmark funds for operation and maintenance, and stating the advantage to students for training in an area of fast growing job opportunities, and adding to opportunities for economic development in the city. Dr. Gene Medina, Superintendent of Schools. Noted the agreement as an example of the community working together to build partnerships; creation of opportunities for students to develop skills, and the way in which partnerships such as this save money for the taxpayers. Dennis Feten Supported agreement, but noted there may be issues surrounding separation of church and state when the time comes to choose programming. City Council Minutes Page 3 October 20, 1997 . . . Peter Badame Supported the agreement, noted the opportunities to expand public information and stressed need for appropriate and adequate funding. Speaking against the agreement: James Wells Ford. Stated studio should be at the Community Center rather than the high school to provide greater accessibility Mitch Poling, write-in candidate for council position #1 Stated the school district is a "sinking ship" and cannot afford textbooks or choir; questioned how salaries would be paid, what would be cost to the school district. Moss Kowali: Prefers radio to television, supports station at community center for access purposes. Madge Wallin: Against agreement, in favor of education. Dr. Gene Medina requested time to answer some of the questions raised. He noted the school district does have funding issues; however there is no relationship between these issues and the dollars that would fund this program which come from basic and vocational education money. The equipment exists already and is not being newly funded. The public hearing was then closed. Mayor McCulloch explained that the Resolution approving the contract will be on the November 3 agenda for action. Ms. Jenks asked about religious programming. Mary Winters, Assistant City Attorney noted that although the studio will be on school grounds, community access will be after hours and there will not be a distinction between secular and non-secular programming. She stated that the operating rules will come before the council. The meeting then returned to Standing/Ad Hoc Committee Reports. Ms. Jenks returned to the scheduled public facilities study session. She reiterated the list of questions which have been proposed by council before the decision process will proceed. These include an appraisal on the Kah Tai Professional Center, including value of current leases; a design appraisal for seismic retrofit, and a study of the design elements showing whether the police needs can be accommodated in the building; a study of how the building might be expanded and whether the space can be used incrementally if some tenants wish to stay. City Council Minutes Page 4 October 20, 1997 . . . Mr Hildt noted that he had asked and received a proposal from John Graham and Associates to review the building and as-built drawings for approximately $7,000. He stated the need to work with the building official early, and look at drawings from a seismic perspective as building code is very restrictive for essential public facilities. Dave Peterson, City Engineer, noted that an appraisal has been proposed which will cost between $4,000 and $6,500 including appraising the leases. Mr. Hildt noted it may be possible to do appraisal on property first and then address leases. Mr. Welch suggested a committee be empowered to oversee these details and act as liaison for the committee of the whole. Ms. Jenks suggested the information be presented to council members in the form of a memo with the questions of seismic retrofit and design the most immediate concerns. Land Use Committee: Ian Keith Latest meeting included discussion regarding: RFP for Hearings Examiner; Letter from DOE regarding Waterman-Katz and definition of "alteration"; update on clearing/grading ordinance; Waterfront Plan - regulatory effects; street use permit, boilerplate for PUD/Subdivision approval. Community Service - Diane Perry-Thompson Ms. Perry Thompson asked for direction from council regarding funding the remaining issue of the Waste Watcher newsletter from the 1 % of garbage fund money designated for environmental education. Mr. Shoulberg moved to appropriate $4,000 to the county to fund the last two issues of the recycling newsletter and direct the City Attorney to develop the appropriate interlocal documents to accomplish this. Mr. Welch seconded. The vote was held until after the next public comment period. Set meeting: October 22, 4:30 at Pope Marine Building Transportation Committee: Jean Camfield Set Meeting: November 5. Will then deal with skateboard, bicycle ordinance regarding park & Ride. Ms. Jenks suggested discussing the two-hour parking limit subject detailed in channeling communications with the letter from Randy Undebacht, suggested discussing at land use committee and inviting Jeff Hamm of Jefferson Transit. MAYOR'S REPORT Mayor McCulloch presented the mayor's proposed 1998 budget and read the mayor's budget message. City Council Minutes Page 5 October 20, 1997 . . . Discussion ensued about the council budget review process STAFF REPORTS Police - Chief Jim Newton Chief Newton noted that within the last few days, a deer was killed by a hunter within the city limits. He stated that although it is not legal to discharge a firearm within the city limits, the city is not an official no hunting zone. Penalties for these two infractions are quite different, with the more severe penalty related to illegal hunting rather than illegal discharge of firearms. He noted that the Dept of Fish and Wildlife had been contacted. Mr. Shoulberg moved that the City Attorney be requested to prepare an ordinance banning hunting within the limits of the City of Port Townsend. Library: Director Linnea Patrick Library Board meeting October 27. Mr. Davidson will attend the Nov. 24 meeting; Mr. Welch will attend December 22. Ms. Jenks requested that the Public Works Department prepare a few informational paragraphs about how the city maintains unpaved streets and provide this to council members so that they can disseminate information that is accurate and consistent. Building & Community Development: Director Bruce Freeland Mr. Freeland noted the D'Amico street agreement hasn't been fonnally executed because a storm drainage line exists under the building's current location that St. Paul's Church may have to access. The contractors are talking with each other to find a solution. He also addressed the shoreline permit for the Waterman-Katz project and noted the applicant will be talking with the state authorities about a possible hydraulic permit. Ms. Jenks requested a discussion of where the council will meet in 1998; whether a change should be considered. City Attorney: Tim McMahan Mr. McMahan clarified the "appearance of fairness doctrine"; he also noted that the new ordinance regarding latecomer agreements does address many of the concerns raised this evening. He asked that a priority presentation regarding United Good Neighbors be scheduled for the next meeting. This concluded staff reports. PUBLIC COMMENTS Forrest Rambo Spoke regarding the budget, suggested that it be simplified and provide other general City Council Minutes October 20, 1997 Page 6 . . . information, such as how many employees the city has, what is the population, etc. There was no further public comment. VOTE ON MOTIONS MADE DURING COMMITTEE/STAFF REPORTS Motion by Mr. Shoulberg to appropriate $4,000 to Jefferson County to support the recycling newsletter. Second by Welch. Carried unanimously by voice vote. Motion by Shoulberg to prepare ordinance banning hunting within the city limits. Second by Ms. Camfield. Carried unanimously by voice vote. Prior to council members' general discussion, Mayor McCulloch announced there would be an executive session regarding real estate acquisition, and that no action was anticipated. COUNCIL MEMBERS GENERAL DISCUSSION Ms. Jenks suggested setting a workshop meeting to assess how committees are working and other matters relating to policies and procedures. Consensus to set workshop meeting for Wednesday, Nov. 5, at 6:30 p.m. Ms. Camfield presented a draft of an ordinance regarding the job description and duties of the mayor pro tern! council president. Mr. Shoulberg asked why the length of experience was lowered to 1-lh years. Ms. Camfield explained that if the criteria were two years, it would limit the number of council members eligible to one. Motion: Ms. Camfield moved that the council adopt the draft job description for mayor pro tem/ council president and include it in the municipal code following section 2.04.040. Shoulberg seconded. After a brief discussion, the motion carried unanimously by voice vote. NEW BUSINESS ORDINANCE 2609 AN ORDINANCE AMENDING PTMC TITLE 13 TO CLARIFY CODE PROVISIONS RELATED TO WATER AND SEWER MAIN EXTENSIONS AND LATECOMER AGREEMENTS, AND TO EXTEND THE DATE FOR CHARGING IRRIGATION METERS A MONTHL Y BASE FEE TO SEPTEMBER 1, 1998 Mayor McCulloch read the ordinance by title. Mr. McMahan noted this is a 'housekeeping" ordinance partly to deal with incomplete and confusing language in the existing law. City Council Minutes Page 7 October 20, 1997 . . . Mr. Keith moved that the first reading be considered the second, and the third be by title only. Ms. Perry -Thompson seconded. The motion carried unanimously by voice vote. Ms. Kolacy read the ordinance by title again. Motion: Mr. Perry-Thompson moved to adopt Ordinance 2609. Mr. Keith seconded. After brief discussion, the ordinance passed unanimously by roll call vote. RESOLUTION 97-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND APPROVING/ADOPTING A REAL EST A TE EXCHANGE AGREEMENT AND RELEASE AND SETTLEMENT AGREEMENT REGARDING ROGER EV ANS PROPERTY Mr. McMahan presented the resolution which regards a pending land use application made when the zoning of this parcel was single family. At council's direction, the city has resolved pending and potential issues to allow the Evans family to develop the property as commercial- light industrial, thus fulfilling the goals of the comprehensive plan and providing the applicant with a path toward permit approval that has some predictability. An exchange of property would convey 300 feet of the forest buffer now owned by the city back to the Evanses in exchange for another 100 feet of depth to the remaining forest buffer. This would roll the buffer zone back to the spot originally designated by the Gateway Plan and provide some visibility from the roadway. It was noted that neither the property exchange nor release and settlement agreement binds the city or the council to approval of any planning action. The proponents agree that the city will not process the residential development application and therefore will not incur any liabilities associated with that review. The city will have no liability for delaying the project. The agreement is a way of using new rules to solve a problem creatively. Although it is unusual for a settlement agreement to be a public document, the number of policy and legislative issues raised were significant enough to warrant it in this case. It was also noted that appraisals have been required to assure that no gift of public property will result if values of the two pieces of land are appreciably different. Questions: Does the city currently own the 100 foot buffer zone? Answer: yes, the city owns a 100 foot deep, 1500 foot long zone which was exchanged for a square in the middle of the property that was formerly owned by the state. The exchange gave the city more buffer property and resulted in a tax break for the Evanses. City Council Minutes Page 8 October 20, 1997 . . . Is the entire site designated as mixed commercial/light industrial? Answer: Yes, any development agreement will address the issue of how these two types of uses will occur on the property. What happens if council does not approve these agreements? Answer: The city starts over on the Environmental Impact Statement for the residential proposal. Litigation has been threatened, and although the city's position is defensible, we would like to make an effort outside of litigation to resolve the problem. Motion: Mr. Keith moved for adoption of Resolution 97-111. Ms. Camfield seconded. Mr. Shoulberg commended the city's effort to avoid litigation; he stated his hope that these types of creative solutions are working for developers and builders both large and small. Ms. Jenks stated she cannot support the agreement; it goes "against the grain," She stated her personal belief that the proponents came in after the comprehensive plan was adopted and that they should adhere to the process and submit a new proposal. She stated her aversion to making settlements with developers to promote development, especially for commercial sites. Mr. Keith stated this opens a possibility to getting closer to fulfilling the comprehensive plan designation for this property and that between that, staying out of litigation, and getting more land for the buffer zone, thinks it is worth pursuing. There was no further discussion. The motion carried with 6 in favor, council member Jenks opposed. PUBLIC COMMENT Forrest Rambo: Suggested that the Policies and Procedures committee is well timed, although it may not need to be a standing committee. There was no further public comment and the public comment period was closed. Mayor McCulloch requested a volunteer to act as representative to the Tacoma Narrows Bridge committee. Ms. Camfield recommended Ms. Jenks be appointed. Mr. Keith seconded. All were in favor. The mayor then reminded council members that a new Ad Hoc Connnittee list will be needed. City Council Minutes Page 9 October 20, 1997 . . . EXECUTIVE SESSION Mayor McCulloch recessed the meeting into Executive Session at 12:05 a.m. to discuss real estate matters. The meeting was reconvened at 12:30 a.m. ADJOURNMENT There being no further business, the meeting was adjourned at 12:32 a.m. Attest: ~~ cÞ{~ City Clerk City Council Minutes Page 10 October 20, 1997