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HomeMy WebLinkAbout09242001CITY COUNCIL OF THE CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF SEPTEMBER 24, 2001 The City Council of the City of Port Townsend met in regular session this twenty-fourth day of September, 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 Joe Finnie, Allen Frank, Vem Garrison, Geoff Masci, Syd Lipton, Bill Wolcott and Alan Youse. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, BCD Director Jeff Randall, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Mr. Lipton moved that the scheduling motion from last week be reconsidered to move the rescission vote prior to the public hearings. He noted that the issue was time sensitive. Mr. Youse seconded. After discussion, the motion was withdrawn. PRESIDING OFFICER'S REPORT Mayor Masci updated the public on changes in the "F" Street project. Motion: Mr. Lipton moved that the council rules be waived and the agenda order be changed so that Resolution 01-044 be heard during this meeting. Mr. Finnie seconded. The motion, requiring a super majority, failed 4-3, with Mr. Frank, Mr. Garrison, and Mr. Wolcott opposed. PUBLIC HEARINGS STREET VACATION APPLICATION #LUP01-053 (KOSSOW) Mayor Masci opened the public hearing. Mr. Garrison stated for the record that as a general contractor he uses a system of subcontractors and the proponent is invited to bid competitively on projects; bids are awarded solely on price. Mr. Watts stated that this disclosure should not affect Mr. Garrison's ability to hear the matter in a fair and impartial way. City Council Business Meeting Page 1 September 24, 2001 Mr. Frank stated that he had met with the City Attorney to disclose that his home and property are close to the location, but there is nothing about the approval that would impact him in a monetary way. Mr. Watts agreed that there would be no reason for him to recuse himself. No one in the audience requested that any council member recuse from the issue. A letter from Norma Fried was added a Exhibit "D". Mrs. Fried is opposed to the city trading its assets without receiving fair value. Mr. Watts asked all those who wished to testify during the public hearings stand and be sworn in. John McDonagh, staff planner, presented the findings of fact and conclusions for council consideration. He noted that this is an unusual request because Mr. Kossow proposes to exchange private land for public right-of-way in equal value. The staff has recommended approval of the street vacation with three conditions: a survey of the property, subsequent appraisal, and performance of a lot line adjustment to merge the lands acquired through vacation into his adjoining ownership. Greg Kossow, applicant, made a brief statement. Proponents: Nancy Dorgan: spoke in favor of the street vacation, noting that the roadway is a current hazard to cyclists because of the curve and limited sight distance. Scott Walker: spoke in favor, noting that if the city had to purchase the strip of road it would pay full price and that an even swap of land is a good deal for the city. Neutral: None Opponents: None Council Discussion Mr. Watts clarified the existence of a legal doctrine which allows the public to gain a proscriptive right to a right of way based on long standing use and that the portion of the property which has been used as a road for many years would in all likelihood be a proscriptive right to the city. There was considerable discussion about surveys and clarification of the boundaries of the two parcels. City Council Business Meeting Page 2 September 24, 2001 Clarification comments from the audience Scott Walker: stated the value of a survey will more than offset the difference in value of two properties and would be a burden on the applicant. Motion: Mr. Lipton moved to approve the Findings of Fact and Conclusions as recommended Mr. Frank seconded Motion: Mr. Garrison proposed an amendment stating that the cost of a survey be considered as additional value to the property the proponent is tendering to the City; the cost of the survey will accrue to the valuation of the proponent's property. Motion: Mr. Finnie proposed that the city may make a determination of value once the survey has been completed rather than purchasing a third party appraisal. Mr. Youse and Mr. Wolcott spoke against the first amendment, noting that the request is proponent driven and the survey costs should at least be shared by the proponent. Vote on second amendment: to modify the findings to allow a valuation by Public Works Department rather than a third party appraiser: motion carried unanimously, 7-0, by voice vote. Vote on first amendment: the proponent's property. Wolcott opposed the cost of the survey to be considered as additional value to Motion carried, 4-3, with Mr. Finnie, Mr. Youse, and Mr. Vote on main motion as amended: Approve staff's recommended findings and conclusions Motion carried 6-1 by voice vote, Mr. Finnie opposed STREET VACATION APPLICATION LUP01-026 (AMERICAN REDICORP) Mayor Masci opened the public hearing. He asked if any council members had any interest in the property or would stand to gain or lose financial benefit as a result of the decision. Mr. McDonagh made the staff presentation, noting that the proposal, if approved, would vacate a 20-foot wide alley to facilitate a proposed development of nine large residential parcels from 47 plated lots in northwest Port Townsend. There were no additional written materials presented. Proponent Mike Hancock stated he supports the findings and conclusions with recommendations, but suggested that the valuation be based on the assessor's valuation of the property as it stands on a square footage basis rather than a formal appraisal. City Council Business Meeting Page 3 September 24, 2001 Speaking in favor None Speaking neither for nor against. Scott Walker: noted that the Non-Motorized Transportation Advisory Board had not seen this application; he said he would like to see a fund established with these funds which would accrue money to purchase rights of way. Speaking in opposition: Nancy Dorgan: stated that the requested vacation of alleys and lot consolidation could set a direction for developing this area of the city for "mega-homes" on large parcels. She stated that the town does not need nine mini-mansions, but affordable housing. She also requested further information from the staff regarding mapped Environmentally Sensitive Areas in the subject location. Rebuttal from applicant Mr. Hancock stated that his firm has done extensive research regarding the housing market in this area and did studies regarding the feasibility of small lot development which showed the property was too far from urban and suburban areas; he added that the pricing could be considered affordable for this type of housing. Council discussion Mr. Watts clarified that there is a pending street vacation ordinance in response to a state law change regarding compensation for street vacations. He stated that he would research whether or not the ordinance could be modified to include substitution of the assessor's valuation in lieu of or in addition to third party appraisals. The code currently requires the appraisal. He added that a survey is not necessarily required as the alleyway can be easily defined and described. Mr. Garrison heard from the applicant that the price range of lots is projected to be $30- 50,000. Mr. Masci heard from the applicant that the nearest sewer line is about 2100 feet away and there has not yet been a decision about whether the project will incorporate sewer or septic systems. Motion: Mr. Frank moved to approve the Findings of Fact and Conclusions as presented Mr. Wolcott seconded Vote: The motion carried unanimously by voice vote, 7-0. City Council Business Meeting Page 4 September 24, 2001 STREET VACATION LUP01-076 (SUNWEST MANAGEMENT) Mayor Masci asked if any council member had an interest in the property or stood to gain or lose financial benefit due to the project. There were none. There were no objections from the audience regarding participation by any of the council members. John McDonagh presented the application, noting that the applicants desire to vacate two rights of way as part of their proposal to construct an 83-unit assisted living facility and 8 independent living duplex cottages. Proponent David Hensel, representing Sunwest, Ted Chulless, architect and Richard Spindor, property manager were present. Speaking in favor None Speaking neither for nor against Barbara McColgan Pastore stated she is neutral on the vacation question, but pointed out that this project may present an opportunity to secure park land for the nucleus or centerpiece of the emerging uptown area. Nancy Dorgan agreed that the parcel would be excellent in itself for a park. She cited policy 1.8.2 of the Non-Motorized Plan which allows for alternative walkway alignments. Speaking in opposition Scott Walker stated that the Non-Motorized Transportation Advisory Board did look at this application but a plot plan was not available at that time. At this time, Mr. Frank raised a point of order. He referred to the council rules which require a super majority vote of the council to continue beyond 9:30 unless a new time limit is set. He proposed adjournment. Mr. Garrison seconded. Motion: Mr. Lipton moved to extend business for one hour based upon the length of time taken up by the prior street vacation hearings. Mr. Youse seconded. Amendment: Mr. Garrison proposed to amend the main motion to extend the meeting for one hour or until completion of the proponent's business, whichever occurs first. The motion died for lack of a second. City Council Business Meeting Page 5 September 24, 2001 Vote on the motion to extend the meeting for one hour. The motion failed with four in favor and three opposed (Mr. Garrison, Frank and Wolcott opposed.) Motion requires a super majority and thus failed. ADJOURN The meeting was adjourned at 9:45 p.m. Attest: Pamela Kolacy City Clerk city Council Business Meeting Page 6 September 24, 2001