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HomeMy WebLinkAbout04022001CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF APRIL 2, 2001 The City Council of the City of Port Townsend met in regular session this second day of April, 2001, 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 Geoff Masci, Joe Finnie, Bill Wolcott and Alan Youse. Mr. Frank and Mr. Lipton were excused and Mr. Garrison was absent. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, BCD Director Jeff Randall, Planner John McDonagh, City Clerk Pam Kolacy. CHANGESTOTHEAGENDA Mr. Youse requested that item 9(B) Resolution recommending that the Jefferson County Board of County Commissioners adopt an ordinance prohibiting the display of wild and exotic animals, be postponed until the next regular business meeting. There were no objections. PRESIDING OFFICER'S REPORT Mr. Masci noted that he had planned to introduce new Planning Commission member Lyn Hersey, but she was unable to be present. Jane Champion was appointed to the video professional position on the Public, Educational, and Governmental television studio Coordinating Committee. The mayor then congratulated the high school Knowledge Bowl Team and the Mock Trial Group for their performances in state competition. The City will host the regional intergovernmental officials meeting in April. Topics proposed for the agenda were the Higher Education project (status before legislature, budget issues faced if the funds are approved, etc.) and intergovernmental cooperation on services which are currently done separately by each jurisdiction. CITY MANAGER'S REPORT Mr. Timmons noted that Fire District 3 has given notice that they are terminating their contract with the city for billing services for emergency medical services. District 1 is considering terminating their agreement as well. The total loss of reVenue would be City Council Meeting Minutes Page 1 April 2, 2001 about $4,800, but this will be outweighed by the elimination of the liability for third-party Medicare billing. A letter has been received from Public Utility District #1 supporting to the city's efforts to protect groundwater. Council members were encouraged to contact legislators individually to request that 1- 695 backfill funding be continued as originally planned. A meeting with the Public Utility District will take place later this month in regard to the Tri-Area Water Service exchange which is moving along more smoothly. The "F" Street art project was discussed. Public Works Director Ken Clow described the process used to pick an artist. Lee Wolodkewisch, Arts Commission chair, added a description of the chosen design, and the artist was present with a conceptual drawing and sculpture. COMMENTS FROM THE PUBLIC Nancy Dorgan: invited council members to attend community educational film and discussion event of the film showing "Subdivide and Conquer" which will be held at the PT Community Center. John Lockwood: summarized lecture by Professor Smith of Washington State University which diagnosed Jefferson County's economic performance. He directed councilors to the web site for more detailed information. Doug Milholland: comments on the carousel, supported mediation approach with Mr. Dentzel. Stephen Plachta: provided a letter to council members in support of the Port Townsend Carousel Association project PUBLIC HEARING ORDINANCE 2761 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AMENDING CERTAIN SECTIONS OF TITLE 18 OF THE PORT TOWNSEND MUNICIPAL CODE, LAND DIVISION, TO ALLOW TIME LIMIT EXTENSIONS TO BE GRANTED FOR PLATS AND SHORT PLATS Mayor Masci opened the public hearing at 7:11 p.m. He asked if any council members had any interests, financial or property, to disclose in connection with the matter. There were none. City Council Meeting Minutes page 2 April 2, 2001 Staff presentation: John McDonagh, Planner Mr. McDonagh noted that the purpose of this municipal code amendment is to allow time frame extensions to be granted for plats and short plats which have received preliminary approval. Currently, the code allows two years for short plats and five years for long plats to have infrastructure completed and installed. The new regulation Would allow five years for both long and short plats, with provisions for extensions which can be granted by the Building & Community Development Director under specific criteria. He stated that two long plat phased developments are coming to the end of the five-year period this year. Development standards have not changed and considerable expense has been put forth by the developers. Staff considers the extension provision a reasonable request on behalf of the land owners. Public Comment: Nancy Dorgan: Stated that the ordinance does not refer to SEPA (State Environmental Protection Act) but seems to imbed a SEPA-like process. The new text provides public notice, scrutiny by staff and an administrative appeal process for decisions, however SEPA is never mentioned. She asked about the vesting of the original project SEPA and asked whether itwould continue through the new review process. She stated her concern about how the processes differ and which one offers maximum environmental protection to the public. She stated that in her conversations with staff, she was told that "significant changes in condition" like the discovery of an earthquake fault or a severe water shortage would trigger staff reevaluation about whether an extension should be granted. She noted that water shortages are coming up and the public needs the best possible environmental review process. She asked for clarification about whether or not SEPA is dropped in this ordinance. She inquired about vesting and what date locks in land use laws and use policies. She said she assumes the change will not apply to any projects currently vested but would help those vested after adoption. There was no further public comment Mr. Masci asked if any written materials had been submitted or if anyone wished to submit written materials rather than speaking. There were none. Staff response Mr. McDonagh: SEPA review is conducted on the proposal; when it is completed and the appeal period has passed, the SEPA document is in effect. That document would be reviewed in case of an extension application and if an extraordinary circumstance is discovered, or it a number of extensions had been granted and other development had occurred, there could be attachment of additional conditions. City Council Meeting Minutes Page 3 April 2, 2001 Mr. Watts: The plat would have been reviewed under SEPA at the time of original approval, if an extension is sought, staff would review the application again, not using SEPA, but using the analysis of whether or not codes had been amended since the original time of approval. If codes had been amended or other information received, the extension would not be granted without conditioning or meeting new standards or new environmental review. Mr. Garrison arrived at the meeting at 7:24 p.m. Mr. Finnie asked about currently existing short plats and how they would be handled. Mr. McDonagh replied that current project developers, Lynnsfield and Hamilton Heights, will be allowed to extend their time frames. Mr. Wolcott asked about the security of the city's water supply. Mr. Timmons stated that under the current lease arrangement with Port Townsend Paper, the city has first rights and the supply is fairly secure;it is estimated the city could double consumption and still be all right. Mr. Masci asked if SEPA vesting ends or is inherent in the project approval. Mr. Watts replied that the amendment is a procedural rule; therefore if no significant changes occur in the conditions, the project would not go through a new SEPA process; in other words an extension would not automatically trigger SEPA review. Clarification: Richard Berg: stated he did not understand the legality of the change. Mr. Watts repeated his comments about the ordinance being a procedural rules change that does not change substantive conditions. It is legal to change procedural rules. At this time the public hearing was closed. Motion: Mr. Wolcott moved to adopt Ordinance 2761. Mr. Youse seconded. Mr. Wolcott and Mr. Youse spoke in favor of adoption, noting that businesses can run into problems that delay projects and reevaluating procedures is sometimes necessary. Vote: The motion carried unanimously, 5-0, by roll call vote. City Council Meeting Minutes Page 4 April 2, 2001 ORDINANCE 2762 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AMENDING CHAPTER 20.01 OF THE PORT TOWNSEND MUNICIPAL CODE, LAND DEVELOPMENT ADMINISTRATION PROCEDURES, TO EXPAND THE ROLE OF THE HEARING EXAMINER IN THE REVIEW OF TYPE III LAND USE DECISIONS AND AMENDING CHAPTER 20.09, LAND DEVELOPMENT PERMIT APPLICATION AND APPEAL FEES. Mayor Masci opened the public hearing. He asked if any council members had any interests, financial or property, to disclose in connection with the matter. There were none. Staff presentation: Planner John McDonagh stated that changing the process for review of Type III applications has been one of the council's goals for some months. At this time, the Planning Commission is the initial reviewing body for Type III permits, which include Conditional Use Permits, long plats, and other complex legal and factual land use applications. Most cities of our size have gone to hearing examiner review, utilizing the skills of a professional who is often a land use attorney. Adoption of this amendment would make the Planning Commission a long range planning body and community sounding board. SEPA review was conducted on this change in August of 2000 and the Planning Commission held a workshop in January and a public hearing on February 22. There were no public comments received during the SEPA review and few comments at the hearing. He added that the entire section for administrative procedures has been provided for context. Under the current system the Planning Commission holds a public hearing and makes a recommendation to the council. The council holds a second public hearing. Under the proposed system, the only public hearing would be before the Hearings Examiner; the decision would be appealable to the city council. Public Comment: Nancy Dorgan: stated she has testified before the Hearings Examiner and noted that sometimes Conditional Use Permits are controversial. She prefers to meet with the council so they can feel the energy of the community and the spirit of the neighborhood. She believes that the connection and accountability will be lost when elected representatives step away from the issue and hand it over to the hearing examiner. She asked that council retain the discretion exercised so far to pick and choose which applications are sent to the Hearings Examiner and consider all on a one by one basis. Mr. Masci asked if any written materials had been submitted or if anyone wished to submit 'written materials rather than speaking. City Council Meeting Minutes Page 5 April 2, 2001 There were none. Mr Youse asked Mr. Watts whether the "one by one" basis would work legally. Mr. Watts stated that existing code provisions allow the council to decide which cases to send to the Hearings Examiner and which to retain. As long as applicants are receiving due process, getting a hearing and retaining appeal rights, the current system is legally sufficient. A policy decision has been presented which will determine whether the council wants to retain its current role in the system. Mr. Finnie asked how many cases of this type generally are processed. Mr. McDonagh replied that there are about four per year. Mr. Finnie then asked about precedent among other entities. Mr. McDonagh replied that there is significant precedent among cities and counties for adopting this system. He listed Jefferson County, Yakima County, City of Yakima, Clallam County, and King County. He noted that planning commissions are primarily reviewing these applications in smaller jursidictions that want the local touch. In answer to Mr. Finnie's question about the business case basis, Mr. McDonagh stated that the new process will cut two to four weeks off the permit time for Type III applications. He added that having the expertise of a hearing examiner also helps on legal, factual, and land use planning laws. The decisions of hearing examiners tend to be more easily defensible on appeal. Mayor Masci closed public testimony at this point. Motion: Mr. Wolcott moved for adoption of Ordinance 2762. Mr. Garrison seconded. The motion carried unanimously, 5-0, by roll call vote. CONSENT AGENDA Motion: Mr. Youse moved to approve the following items on the consent agenda. Mr. 19'olcott seconded. The motion carried unanimously, 5-0, by voice vote. Approval of Bills, Claims and Warrants Vouchers 75574 through 75743 in the amount of $410,984.51. Approval of Minutes Special meeting of March 12 Regular meeting of March 19 City Council Meeting Minutes Page 6 April 2, 2001 UNFINISHED BUSINESS ESTABLISHMENT OF PAID POLICE OFFICER RESERVE PROGRAM Mr. Timmons noted that this is the program which was presented by Chief Anderson at the March 19 council meeting as a first touch. At that time, staff was requested to schedule action at the next business meeting. Motion: Mr. Youse moved to authorize the City Manager to establish a paid Reserve Police Officer program which will provide a pay range no greater than $12/hour, on a one-year trial basis, with renewal dependent upon analysis of costs and efficiencies realized during the year. Mr. ~Volcott seconded Public comment None Mr. Masci confirmed that the program had not been changed or revised since it was presented on March 19. Chief Anderson stated that all elements were the same. Vote: The motion carried unanimously, 5-0, by voice vote. Mayor Masci noted that the next item, Resolution 01-019, has been postponed until the next business meeting. NEW BUSINESS ORDINANCE 2673 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 3.3.6.020, PUBLIC WORKS AND UTILITY BILLING SERVICE FEE SCHEDULE, CHARGE FOR COMPOST PRODUCED AT THE CITY'S BIOSOLIDS COMPOSTING FACILITY, OF TITLE 3, REVENUE AND FINANCE, OF THE PORT TOWNSEND MUNICIPAL CODE Mr. Timmons introduced the ordinance, stating that the council has expressed a desire to increase the price of compost to $14.00 per cubic yard, which is greater than the maximum allowed under the current municipal code. The revision would raise the maximum allowed price from $12.50 to $24 per cubic yard for compost up to 10 yards and from $9.00 to $18.00 per cubic yard for bulk rate for 10 yards or greater. Public comment: Nancy Dorgan: supported the raise in fees, stated that the compost is worth extra money. Motion: Mr. Wolcott moved to suspend council rules in order to take action on Ordinance 2673. Mr. Youse seconded The motion carried unanimously, 5-0, by voice vote. City Council Meeting Minutes Page 7 April 2, 2001 Motion: Mr. Youse moved for adoption of Ordinance 2763. Mr. Garrison seconded Motion: Mr. Masci proposed a friendly amendment to change the maximum price from $24 to $25 per yard up to 10 cubic yards and from $18. O0 to $20. O0 per cubic yard bulk rate. The maker and seconder agreed Mr. Finnie asked why there is a business case for discounting Commercial use. Mr. Timmons replied that there is an argument that higher volume involves less time to load and address individually than smaller individual amounts. He added the issue will be discussed before the next sale to see if that is the case; perhaps the rates can be equalized administratively. Mr. Finnie asked why the schedule was fixed for Monday, Wednesday and Friday. Mr. Timmons replied that the issue of paying overtime to staff the facility on weekends is one factor; avoiding overtime would be a union issue. Mr. Garrison noted that the city is not prohibited from realizing a profit. Mr. Clow explained that about 3A of the sales over 10 yards went to residential users who often go together and hire a track to haul the compost. Mr. Timmons said that the administration is considering the possibility of selling vouchers through the Finance Department so customers could arrive with prepaid vouchers in hand rather than doing the transaction at the compost site. Mr. Masci noted that when the current council took office, the compost division lost $80,000 per year and that the loss has been lowered to $40,000; raising prices will subsidize the loss, not generate a profit. The facility is doing so well it should be close to breaking even; the problem is leachate and storage, The nitrate content must be watched closely. He suggested raising the price for the next offering to $15/cubic yard. Vote: The motion to adopt Ordinance 2763 as amended carried unanimously, 5-0, by voice vote. COMMUNITY DEVELOPMENT COMMITTEE RECOMMENDATION TIMBER HARVESTING PLAN Mr. Timmons summarized the Community Development Committee's recommendation that the city develop a long term sustainable harvesting program for timber management plan for city properties at Snow Creek, Lords Lake and City Lake. Public comment: Larry Nussbaum: Representing Northwest Natural Resource Group, a nonprofit organization dedicated to promoting sustainable master plans for forest land. He City Council Meeting Minutes Page 8 April 2, 2001 supported the proposal and stated that the city can be pro-active in devising a means to generate revenue while protecting and enhancing forest ecosystems. He noted the planning process should present various management options and include educational public forums, and include a complete resource inventory including non-timber forest products. He offered his organization's assistance. Nancy Dorgan: Supported RFP which would include Northwest Natural Resources; hopes that the sustainable forest program would support Port Townsend based businesses committed to wood produced in an ecologically sound manner. Motion: Mr. Finnie moved to direct staff to develop a three-phase timber harvesting plan for Snow Creek, Lords Lake and City Lake properties, focusing on Snow Creek first. Mr. Youse seconded Mr. Garrison stated that this plan is not a short sighted attempt to ease the burden of the upcoming budget process, but to initiate and begin planning and reaping the benefit from the timber sources the city has. Mr. Finnie thanked Mr. Garrison for his work on this project. He wished to assure the community that this is not a one time cash shot, but a look at long term revenue and preservation of the ecosystem. Mr. Youse stated he appreciates input from the public and anticipates that the project will ensure a well managed project. Vote: The motion carried unanimously, 5-0, by voice vote. ADJOURN There being no further business, the meeting was adjourned at 8:34 p.m. Attest: Pamela Kolacy, CMC City Council Meeting Minutes Page 9 April 2, 2001