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HomeMy WebLinkAbout11202000CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF NOVEMBER 20, 2000 The City Council of the City of Port Townsend met in regular session this twentieth day of November, 2000, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Geoff Masci presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE Councilmembers present at roll call were Joe Finnie, Allen Frank, Sydney Lipton, Geoff Masci, Bill Wolcott, Alan Youse and Vern Garrison. Staff members present were City Manager David Timmons, City Attorney John Watts, City Clerk Pam Kolacy, Public Works Director Ken Clow, Building & Community Development Director Jeff Randall, and City Planner John McDonagh CHANGES TO THE AGENDA: None PRESIDING OFFICER'S REPORT Mayor Masci made a few brief announcements regarding scheduling. CITY MANAGER'S REPORT Mr. Timmons discussed the recent letter from the State Department of Health regarding the Iow water pressure issues in areas served by the Port Townsend water supply. He said that by the next council meeting, staff will have a course of action outlined. He noted that many of the issues will impact work plans significantly. Mr. Masci requested that a copy of the letter be forwarded to Charles Saddler and Larry Fay at Jefferson County. Mr. Timmons announced that the Fire Insurance Rating Bureau has notified the City they will be looking at permit inspection and utility operations for fire prevention. The City is awaiting more details on the potential charges for county jail services. COMMENTS FROM THE PUBLIC (regarding items not on the agenda) Nancy Dorgan: does not support merger of city and county permit departments; favors elimination of council reserve fund. Adam Rymsza: re. the Waterman & Katz prevailing wage issue, asked if the City is planning to resolve claims and when the payment is expected. City Council Minutes 1 November 20, 2000 Mr. Masci and Mr. Watts noted that the request should be directed to the State Department of Labor and Industries. PUBLIC HEARINGS: None CONSENT AGENDA Motion: Mr. Frank moved for approval of the following items on the Consent Agenda. Mr. Garrison seconded The motion carried unanimously, 7-0 by voice vote. Approval of Bills, Claims and Warrants Vouchers 73949 through 74114 in the amount of $553,977.40 Approval of Minutes Regular Session of November 6 Special Session of November 8 UNFINISHED BUSINESS RESOLUTION 00-063 ADOPTING THE FINAL DRAFT OF THE JEFFERSON COUNTY SOLID WASTE MANAGEMENT PLAN Staff Presentation Mr. Clow noted that the council has approved the plan with the understanding that population figures will be revised at the earliest opportunity; however, the County has asked for approval in resolution form to comply with the State Department of Ecology requirements. Public Comments Richard Talbot, Jefferson County Solid Waste Coordinator: noted that the resolution language binds the County to review revised county population forecasts through the Joint Growth Management Steering Committee. Motion: Mr. Garrison moved for adoption of Resolution 00-063. Mr. Wolcott seconded The motion carried unanimously, 7-0 by voice vote. RESOLUTION 00-064 UPHOLDING A SEPA APPEAL AND DEFERRING ON A CONDITIONAL USE PERMIT UNTIL COMPLETION OF ENVIRONMENTAL REVIEW, APPLICATION LUP00-039 City Council Minutes 2 November 20, 2000 Staff Presentation Mr. Watts noted that the findings are a statement of the majority decision of the City Council after the public hearing and deliberations on October 18. He noted that only comments on the written decision are appropriate during tonight's deliberations; there can be no restatement or argument. Mr. Masci then asked for comments on the form of the resolution. Public Comments: None Motion: Mr. Frank moved for adoption of Resolution 00-064. Seconded by Mr. V~olcott. Council Deliberation and Action Mr. Lipton asked to be recused because he had not been present at the November 18th hearing, and did not review all the meeting documentation. Mr. Youse asked to be recused for the same reasons. Vote: The motion carried by roll call vote, 4-1 with Mr. Masci opposed and Messrs Frank and Lipton recused RESOLUTION 00-065 TO SUPPORT CITY VOLUNTEER IN CONNECTION WITH HARASSMENT ARISING OUT OF SERVICE FOR THE CITY Staff Presentation Mr. Watts introduced the resolution, noting that an order of protection for Sally Robbins had been entered in District Court related to her service as a city volunteer. The resolution authorizes payment of the costs incurred in obtaining the order and authorizes the City Attorney to assist in the Order for Petition including the appeal. Mr. Timmons noted that it is good public policy to assist volunteers in this manner because there is potential for future liability if the incident is not handled correctly. He added that in order to encourage volunteerism, the City must be prepared to protect its volunteers if that is necessary. In answer to a question by Mr. Youse, he noted that it is difficult to judge when the threshold is breached, but in this case the court did hear the case and make a ruling in favor of the volunteer. Public Comments: None Motion: Mr. Garrison moved for adoption of Resolution 00-065. Mr. Lipton seconded. Council Deliberation and Action Other council members indicated that the decision is a positive policy direction, and that incidents would be considered on a case by case basis. City Council Minutes 3 November 20, 2000 Vote: The motion carried, 6-1 by voice vote. Mr. Youse opposed RESOLUTION 00-066 AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT FOR THE GEORGE AND LEONA BROWN PROPERTY IN THE AMOUNT OF $33,000 Staff Presentation Mr. Watts stated that the pm'chase price and terms for the Brown property purchase were discussed previously in executive session. He said that the owners have agreed to sell at the appraised value of $33,000, without consideration for any timber value. The City believes the purchase is in the public interest as it would protect the city's pipeline and chlorination station. Public Comment: None Motion: Mr. l, golcott moved for adoption of Resolution 00-066. Mr. Lipton seconded The motion carried unanimously, 7-0 by voice vote. RESOLUTION 00-067 AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVENMENTAL AGREEMENT WITH WASHINGTON STATE DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT, (CONTRACT SO 1-62900-048), PROVIDING THE CITY WITH $35,000 TO FULFILL BUILDING CODE EVALUATION EFFECTIVE JULY 1, 2000 AND TERMINATING JUNE 30, 2001 Staff Presentation Mr. Timmons introduced the item, stating that a $35,000 grant has been awarded to the City by the State Department of Trade and Economic Development. The grant is for a pilot project to evaluate "smart codes" used in other states such as New Jersey, and see how they can be applied in the state of Washington as variations of the uniform building code. Mr. Masci noted that the project had its inception when representatives from Port Townsend traveled to Boston to accept a Main Street USA award. The code encourages reinvestment in existing structures. He added that future issues regarding the project will be assigned to the Community Development Committee. Public Comment: None Motion: Mr. Youse moved for adoption of Resolution 00-067. Mr. Lipton seconded City Council Minutes 4 November 20, 2000 Council Discussion Mr. Randall answered several questions from council members. Clarifications included: 1) 2) 3) 4) 5) 6) 7) 8) 9) another application could be made for funding; for example to examine shorelines issues; a staff member will be assigned as project manager, although the grant money will be used for consultants; the end result of the project will be an ordinance to implement the code if the feasibility study shows it can be done under Washington law; an advisory committee will be set up including members of staff, agencies, and council; a resolution will come before the council to authorize an interagency agreement to retain a consultant; an estimated $20,000 in staff and advisory group time will be allocated in the work plan: exact numbers must be traced as a condition of the grant; it is not yet clear whether the form of building code can be adopted in Washington without changing state law; when the City becomes a Certified Local Government, more grant funds may be available from state agencies and possibly the National Trust; the application would not be intended to apply to single family residential structures. Mr. Masci said that the success of the project will reduce costs and red tape for those wishing to restore structures in the downtown core; in that way, the City will see a return on the staff time investment. Vote: The motion carried unanimously, 7-0 by voice vote. RESOLUTION 00-068 APPOINTING ED GOOD AS THE CITY'S HEARING EXAMINER AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ED GOOD FOR A TERM OF THREE YEARS, WITH EXTENSIONS, AT A RATE OF $90 PER HOUR Staff Presentation Mr. Timmons introduced the item, noting that the city's Hearing Examiner resigned effective the end of July, 2000. The council authorized the city manager to conduct a solicitation and review process and as a result, recommend a candidate to the council. A panel consisting of Mayor Masci, Jeff Randall, Dave Timmons, John Watts and Planning Commissioner Jerry Spieckerman conducted the interviews. Nothing in the duties or compensation of the Hearing Examiner has changed. A recommendation will be forthcoming regarding an alternate Hearing Examiner. It was also noted that an ordinance is being prepared that would provide more use of the Hearing Examiner model for the City of Port Townsend. City Council Mihutes 5 November 20, 2000 Public Comment Nancy Dorgan: spoke in opposition, citing budget constraints. Motion: Mr. Youse moved for adoption of Resolution 00-068. Mr. Wolcott seconded Council Discussion Mr. Garrison asked whether the recent Assisted Living hearing could have been done by the Hearing Examiner under the upcoming ordinance. Mr. Watts noted that although certain cases are assigned by the code to the Hearing Examiner, the code allows the council to refer matters to the Hearing Examiner, on an optional basis, that would otherwise be heard by the council Reasons for referring matters might be that the case has complex issues, a large amount of testimony, or that it might be better served by someone with expertise in land use. Mr. Watts noted that the contract expressly excludes travel time from the hourly compensation rate although some time outside of the actual hearing is billed for reviewing material, writing the decision, etc. Mr. Timmons noted that our insurance provider recommends u~ing a Hearing Examiner to limit liability. He also stated the $15,000 allocated in the budget is a placeholder, and the amount actually spent will depend on the types of appeals and decisions that arise over the year. Vote: the motion carried unanimously, 7-0 by voice vote. UNFUNDED MANDATES Mr. Timmons introduced the discussion item as a first touch in response to a letter received by the mayor from the Association of Washington Cities. Port Townsend has been asked to consider supporting a lawsuit against the State of Washington for failure to provide funding to support mandated local update responsibilities with respect to the Shoreline Management Act proposed by the Department of Ecology. He added that many communities feel the new guidelines are so sweeping they are creating a new unfunded mandate and that this needs to be addressed by the State by providing funding to cities to carry out the requirement. He said that the City would not necessarily have to contribute funding to the effort; that it is also an option to lend our name to the effort. Public Comment Richard Talbot: other large counties have deeper pockets; a small jurisdiction's best hope for success in these matters is to hook onto other efforts. City Council Minutes 6 November 20, 2000 Council Discussion Mr. Garrison suggested it might be advantageous, if the effort is strong enough, to share in a mutual effort to stem this trend. Mr. Wolcott noted that if we participate, we are essentially funding the opposition with our own taxpayer dollars. Mr. Finnie noted that another benefit to association with the effort is that the City would be included on updates and notices of progress of the effort. Motion: Mr. Finnie moved to direct the City Manager to research the ramifications of the request and return to council with a resolution recommending a course of action. The motion carried unanimously, 7-0 by voice vote. JEFFERSON COUNTY UNIFIED DEVELOPMENT CODE Staff Presentation Mr. Timmons noted this is a first touch discussion item in response to a letter received from the Board of County Commissioners concerning proposed adoption by the County of a Unified Development Code (UDC). The letter requests city comment by December 1 relating to proposed changes to the county's existing wellhead protection and saltwater intrusion ordinance. Mr. Timmons said that he, Ken Clow, and Jeff Randall met with county staff and representatives of the Shine Community Council and as a result county staff has indicated that they recommend existing provisions,of the 1995 ordinance stay in effect. He stated that no action is required by the council. Public Comment: None Council Discussion Mr. Lipton had questions about page 6 of the scoping section (list of land use activities considered high impact land uses) and said it should be expanded to include all activities listed by the Federal Government. Mr. Masci stated that the County is rushing to adopt the Unified Development Code by December 18 and it is apparently their intent to pass the code in spite of objections they have received from the public. He stated that the City, as a government entity and as a partner in the Joint Growth Management Steering Committee, should take a position on adoption of the UDC. He noted that it was not provided to the city's elected officials or staff in time for thoughtful comment and the City has not had time to determine whether it is consistent with either the City's or the County's Comprehensive Plan. He believes there is no critical need to pass the code so quickly without sufficient public comment. He characterized the proposal as premature, ill-advised, and generated by consultants with an urban viewpoint. City Council Minutes 7 November 20, 2000 Motion: Mr. Frank moved that the City recommend delaying passage of the County Unified Development Code until the two staffs (county and city) have had sufficient time to review the document and make recommendations. Mr. Garrison seconded. The motion carried unanimously, 7-0 by voice vote. Staff was directed to draft a letter to the county reflecting the motion. It was also noted that a Joint Growth Management Steering Committee meeting has been scheduled for November 28 at the county. Messrs. Masci, Finnie and Lipton are council's representatives to the committee. EXECUTIVE SESSION: None ADJOURN There being no further business, the meeting was adjoumed at 8:15 p.m. Attest: Pamela Kolacy, CMC City Clerk City Council Minutes 8 November 20, 2000