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HomeMy WebLinkAbout04012002CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF APRIL 1, 2002 The City Council of the City of Port Townsend met in regular session this first day of April 2002, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Kees Kolff presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE Councilmembers present at roll call were Freida Fenn, Joe Finnie, Kees Kolff, Geoff Masci, Catharine Robinson, Michelle Sandoval and Alan Youse. Staff members present were City Manager David Timmons, City Attorney John Watts, Finance Director Michael Legarsky, BCD Director Jeff Randall, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA City Manager Timmons requested an addition to New Business. An ordinance adjusting out of city water rates was distributed to council members. Mayor Kolff suggested moving the Maritime Center item (1 OD) forward to just after the public hearing. PRESIDING OFFICER'S REPORT Mayor Kolff congratulated Port Townsend High School students for their performance in the Knowledge Bowl and Mock Trial competitions. The Mayor stated that he has asked staff to bring forward a resolution supporting the school technology levy at the next meeting. APPOINTMENTS: ARTS COMMISSION Motion: Ms. Robinson moved to accept the Mayor's recommendations and confirm the appointments of Beverly Michaelsen (position 3 - term ending May 1, 2004) and Nancy Newman (position 4 - term ending May 1, 2003) to the Arts Commission. The motion carried unanimously. Mayor Kolff announced that he will serve as the city's representative to the Healthy Youth Coalition. Ms. Sandoval reported on the regional intergovernmental meeting. The issue needing immediate attention is assignment of a representative to the county's distressed infrastructure fund task force. Representatives from the PUD, County, City and Port will meet and match up projects with the stated criteria for funding. Staff will assist in determining what sort of project would be appropriate to put forward. City Council Business Meeting Page 1 April 1, 2002 The City will host the next meeting so need to set a date, assign representatives and gather agenda items from the other jurisdictions. Mayor Kolff recommended assigning the three representatives to the Joint Growth Management Steering Committee to the intergovernmental meetings. Mr. Finnie noted that every one of the critical land use committees is composed of new council members. He stated them is a need for historical perspective and suggested that Mr. Masci be appointed as a representative. Mayor Kolff suggested delaying the decision until the agenda for the meeting has been set. He then recommended appointing Ms. Sandoval to the infrastructure selection advisory committee previously mentioned as that group will meet within the next month. Mayor Kolff gave a brief report from the General Government Committee meeting. He noted that the committee had suggested transportation issues be added to the committee work plan, however subsequent conversations with staff and council members have resulted in the suggestion to establish a separate council Transportation Committee which would be on the same lines as the committee set up by the previous council. Staff was directed to bring forward establishing legislation at the next meeting. Council members have been invited to tour the Port Townsend Paper Company mill on April 20. A request has been received to amend the circus animal ordinance. Motion: Mr. Youse moved to direct staff to draft an ordinance amending the circus animal code to the General Government Committee for review and recommendation. Ms. Robinson seconded The motion carried, 6-1, by voice vote, with Mr. Masci opposed Mayor Kolff requested that the Council discuss a statement of support for the proposed state wide ban on Clopyralid at the next meeting. CITY MANAGER'S REPORT Mr. Timmons noted that he anticipates beginning planning for the budget cycle earlier this year than last year because of the uncertain financial climate and unknown initiatives which may be coming forward. PUBLIC HEARING ORDINANCE 2799 AN ORDINANCE ADOPTING INTERIM STANDARDS FOR TREE CLEARING AND PLANTING, AND PROVIDING FOR SEVERABILITY City Council Business Meeting Page 2 April 1, 2002 The Mayor opened the public hearing on interim ordinance 2799. He asked if any council members had any interests, financial or property, to disclose in connection with this matter. Councilor Finnie asked if owning property which contains trees would be grounds for disqualification. Mr. Watts replied that it may be an issue only if the subject property were a large commercial area containing a number of large trees. Jeff Randall, Building & Community Development Director, presented the staff report. He noted that the purpose of the interim ordinance is to provide time for the City to develop a permanent tree management ordinance and prevent damage resulting from speculative tree clearing during the permanent ordinance development process. He added that the City currently has a clearing and grading permit process but it is meant only to address erosion and sediment runoff and contains no standards for retention of vegetation and trees. The City's subdivision and PUD regulations as well as the multi-family design standards include regulations encouraging the incorporation of significant tress and open space into project design; however, when no project is proposed, the city has no regulations to prevent the speculative clearing of property prior to development. Unless a wetland on a particular property requires a buffer, it is arguable that all trees could be cleared from a property with an end run around city regulations. He added that staff is not proposing a new layer of regulation, but closing a gap in the existing system. In response to clarifying questions from the council, Mr. Randall stated that the intent is not for each applicant to have to hire a licensed arborist and that the application in most cases would be a simple form to fill out over the counter. Mr. Randall asked Forest Shomer to give a short history of tree regulations in the city. He also introduced Ross Goodwin of the Department of Natural Resources who discussed the relationship of the state Forest Practice Act and the authority of local jurisdictions to take over permits for property converting to another use. The date for compliance has been extended from 2001 to 2005. Mr. Goodwin suggested that the definition of hazard trees be carefully crafted; also suggested that single family residences should be exempt from permit requirements. He added that a tracking system is also important; for example if you allow the cutting of 4 trees in 3 years, you need to know when each tree is removed. Motion: Ms. Robinson moved to keep the record open for comments for seven days from this date. Ms. Fenn seconded. The motion carried unanimously, 7-0, by voice vote. An e-mail from Kathleen Snow in favor of a permanent ordinance was summarized for the record. The floor was then opened for public comment. City Council Business Meeting Page 3 April 1, 2002 Norma Owsley: Stated that she objects to an ordinance regulating trees on private property. She stated the original ordinance was passed to prevent people from cutting trees on public property and stated this is already regulated by DNR and the clearing and grading regulations. She stated that it appears the ordinance was rushed through to stop a particular project. She added that trees are a renewable resource and that mountain and water views are available to everyone if trees are not allowed to block the views. She asked who would review the permits; asked for a definition of"professional evaluation." She added she has personally planted trees and cut them down because they interfered with a neighbor's view. She asked the council to rethink the ordinance and be very careful in crafting a final version. Bill Perka: stated he owns lots in town and applied for a DNR permit in November 2000 to cut trees. He considers the property an investment as he assumed that in the future he could cut the trees and reap the benefit of a significant amount of money. He bought the land to develop it and maximize the neighborhood as this is an urban growth area under GMA. He also works as a realtor and knows the value of trees; however he feels it is an imposition into his personal finances for the city to tell him which trees he can cut. He stated that this is a major monetary issue driving businesses out of town; he is not in favor of the ordinance as DNR already regulates and this is another layer of regulation that may not be necessary. Ross Goodwin (DNR) stated that until the city takes over the process it is joint so that permits may be required by both the local government and the DNR and either can take the SEPA authority. Once the ordinance is refined to the point where the state DNR determines the City meets or exceeds forest practice rules, then the local jurisdiction alone will be responsible. Staff response: Jeff Randall: noted that basically a parcel of 2 or 3 lots should probably be exempt unless it is a shoreline, ESA or wetland. Motion: Ms. Robinson moved to leave the interim ordinance in place and to refer the interim ordinance to the Community Development/Land Use Committee for discussion and recommendation to the full council on a final ordinance on or before June 17, 2002. Ms. Sandoval seconded Ms. Fenn stated her concerns about cumulative effect of tree cutting and about heritage tree protection. She suggested having a task force which would include members of the Master Gardeners to address the issues. Mr. Masci stated that he felt there was no compelling emergency to adopt this ordinance; he suggested that a committee be formed to make a recommendation, a process consistent with the usual crafting of legislation. If the ordinance is approved, he asked to revise it significantly to raise the threshold to a minimum of 20,000 square feet and to remove (D) and (O) from findings of fact and to comply with (B) and allow significant additional time to complete the adoption of a tree ordinance. City Council Business Meeting Page 4 April 1, 2002 Mr. Finnie asked if the council is at risk if it is found that the impetus for the ordinance was triggered by a specific application. Mr. Watts stated that the property which is the subject of the application is not affected and there are no other pending projects that the city is aware of which would be affected by the ordinance. Mr. Timmons noted that one catalyst for the regulation was a clearcut adjacent to the city limits; staff thought this might cause a spillover of logging activity within the city limits. Mr. Finnie stated that he believes this is a good idea in spirit but he would prefer rescinding the ordinance so that full public process can take place before any regulations are adopted. Mr. Youse stated his opinion that interim ordinances are taboo. He noted that tonight's discussion demonstrated that even experts cannot agree on a simple question such as the life span of alders. He stated, however, he is sorry the city hasn't pursued more programs to plant trees within the city. Ms. Sandoval stated she received many comments from citizens which were mostly favorable but it was evident many people didn't understand the ordinance. She added that the Master Gardeners are eager to work on a task force; she stated she is in favor of leaving the interim ordinance in place until a permanent one is crafted. Ms. Robinson stated that she would support referral to committees and having a public task force if that is the recommendation of the committee. Ms. Fenn stated an interim ordinance was adopted to protect trees in town from being cut before the end of a reflective process and to prevent a rash of tree cutting before adoption of an ordinance.. Vote: the motion carried 4-3 by voice vote, with Finnie, Youse and Masci opposed Mr. Watts noted that any comments arriving during the open comment period will be forwarded to the Community Development Committee. RECESS At 8:40 p.m. the Mayor declared a recess for the purpose of a break. RECONVENE The meeting was reconvened at 8:55 p.m. Mayor Kolff noted that another item, LAMIRD/Glen Cove Memorandum of Understanding, will be added under Unfinished Business (C). City Council Business Meeting Page 5 April 1, 2002 UNFINISHED BUSINESS LINCOLN BEACH BERM Mr. Timmons introduced the item, noting it has been discussed once in full council session and again in the Finance Committee and in the Community Development Committee. Both committees have made recommendations to the full council. The question at hand is whether the city will participate financially in the construction of a soft-bank protective berm in the Lincoln Beach neighborhood. Part of the berm would protect the city-owned Lawrence Street right of way. Public comment: Jack Tice: stated he has been a property owner in town for 23 years and gave a history of the various storms and flooding problems experienced at Lincoln Beach. The neighbors have joined together and engaged an engineer and have submitted the appropriate permits for the construction of the berm. He feels the berm as designed will do the job and that the Hearings Examiner, said informally that it was the best engineering job he had seen on a beach in the Northwest. Mr. Tice asked the council to approve participation and said the neighbors have not decided what action they will take if the city does not participate. Motion: Mr. Masci moved that the City allow construction of the berm in the Lawrence Street right of way on Lincoln Beach provided the liability issues are addressed and that the adjacent property owners hold the City harmless from third party claims arising from the berm project. Ms. Sandoval seconded. The motion carried unanimously, 7-0, by voice vote. Motion: Mr. Masci moved that the city participate financially in the Lincoln Beach berm project in an amount not to exceed $15,000. Ms. Sandoval seconded. Ms. Sandoval stated she hears from citizens about the need to create infrastructure and said although she understands there are budgetary issues, she supports the motion to create a community partnership to get needed infrastructure built. Ms. Fenn noted this is a small neighborhood and the council must consider how many people will benefit. She is also concerned that there is one person who will benefit who is not participating. Mr. Youse agreed that this will benefit a few but also said that there are many instances of community infrastructure that benefit a certain neighborhood; he supports the motion to go forward with the project and put tax dollars to a good use. Mr. Kolff stated he is concerned that this may set a precedent and is trying to understand if there is a savings to the community which will come from the project. City Council Business Meeting Page 6 April 1, 2002 Ms. Sandoval noted that if the area were to flood, considerable expense would result from the need for city emergency services for the affected property owners. Vote: the motion carried, 5-2, by voice vote with Ms. Robinson and Ms. Fenn opposed. NEW BUSINESS RESOLUTION 01-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND APPROVING AND AUTHORIZING THE SUBMITTAL OF A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SECTION 108 LOAN APPLICATION TO THE WASHINGTON STATE OFFICE OF TRADE AND ECONOMIC DEVELOPMENT IN SUPPORT OF THE NORTHWEST MARITIME CENTER PROJECT Mr. Finnie recused himself from the issue in light of the fact he has recused himself from other past actions regarding the Maritime Center. Mr. Watts noted that the Northwest Maritime Center has been working with the state to obtain grant funding for the demolition and environmental remediation activities for the site. A condition of the federal HUD grant in the amount of $500,000, is that the City receive the grant and act as the lead agency. He added that this authorization does not commit the City to awarding the cleanup contract. Contract documents specifying the relationship between the City, state and NMWC are being worked out and will be presented to the council for approval prior to the award of the contract. Public comment: None Motion: Mr. Masci moved to authorize the City Manager to advertise for bids for the Maritime Center cleanup, subject to Council approval prior to contract award Mr. Youse seconded The motion carried unanimously, 6-0, with Mr. Finnie recused CONSENT AGENDA Mayor Kolff noted two corrections to the minutes of March 11, 2002. On page 3 and 7, proposed amendments to motions on the table, should reflect consensus of the council. Motion: Ms. Robinson moved to approve the following items on the consent agenda. Ms. Fenn seconded The motion carried unanimously, 7-0, by voice vote. Approval Vouchers Vouchers Vouchers of Bills, Claims and Warrants 80407 through 80408 in the amount of $7,374.34 80409 through 80412 in the amount of $5,627.04 80413 through 80569 in the amount of $88,417.90 Approval of Minutes City Council Business Meeting Page 7 April 1, 2002 Minutes: Special Session of March 11, 2002 (as corrected) Regular Session of March 18, 2002 Action: Authorize City Manager to enter into a contract with U.S. Bank for city banking services. UNFINISHED BUSINESS FINANCE/BUDGET RECOMMENDATION: IMPOSITION OF GAMBLING TAX WITH REVENUE DEDICATED TO PUBLIC HEALTH FUNDING Mr. Timmons said the City received a request from the Jefferson County Board of Health in February, requesting that the City institute a gambling tax dedicated to local public health funding. The Finance committee has recommended to the full council that the city react positively to this request and direct staff to draft an ordinance to that effect. The tax would probably generate about $60,000 county-wide. The tax would be applicable to pull tabs and card rooms. Mr. Masci noted that the tax may result in pull tabs disappearing from local business; he stated that the tax is well intentioned but there isn't a huge gambling industry in the county so the result may be a chilling effect. He is in favor of dedicating the money to public health funding. In response to a question from Ms. Robinson, Mr. Timmons stated that the oversight of the funds would be done by the state. Public comment: None Motion: Ms. Fenn moved to Board of Health's request that the City institute a gambling tax dedicated to the local public health funding, and direct staff to draft an ordinance. Ms. Sandoval seconded Mr. Youse stated that just because you are able to tax doesn't mean you should take that opportunity. He added the tax would impact a small number of establishments. Vote: the motion carried, 6-1, with Mr. Youse opposed TOWN MEETING MECHANISM The subject of town meetings has been placed on the second quarter legislative calendar. The Mayor, Deputy Mayor and staff have recommended that the issue be referred to the Community Development Committee for review and recommendation Public comment: None City Council Business Meeting Page 8 April 1, 2002 Motion: Ms. Fenn moved to refer the issue of the mechanism for the first town meeting to the Community Development/Land Use Committee. Mr. Masci seconded The motion carried unanimously, 7-0, by voice vote. INTERLOCAL AGREEMENT RE LAMIRD BOUNDARY AGREEMENT AND APPROPRIATE GLEN COVE DESIGNATION Mr. Watts stated that a draft interlocal agreement has been drafted by staff regarding the Glen Cove LAMIRD Boundary. The process will involve joint funding of an expert in Growth Management Act law to render an opinion on whether the area designated by the county is consistent with GMA criteria for LAMIRD designation. The work will be done as quickly as possible and following conclusion by the expert, the City and County will attempt to reach agreement on a permanent LAMIRD boundary. The City and County will then agree to negotiate in good faith the terms of an interlocal agreement providing for a future Urban Growth Area or other appropriate designation of Glen Cove. Each party will designate a negotiation team which will include at least one elected official. Public comment None Motion: Ms. Fenn moved to affirm the draft terms of the Memorandum of Understanding regarding the LAMIRD boundary and appropriate Glen Cove designation agreement between the city and county. Ms. Robinson seconded Mr. Finnie stated he is not ready to vote until the selection of the negotiating team is finalized. Mayor Kolff stated he believed the Joint Growth Steering Committee delegates would be the team. Mr. Finnie suggested that Mr. Masci be appointed to one of the positions. Motion: Mr. Masci moved to table the first motion and vote on the issue of delegates. Mr. Youse seconded The motion carried, 5-2, by voice vote, with Ms. Fenn and Ms. Sandoval opposed Motion: Ms. Fenn moved that Kees Kolff, Frieda Fenn and Michelle Sandoval represent the city in the negotiations. Ms. Sandoval seconded The motion carried, 4-3, by voice vote, with Mr. Masci, Mr. Finnie and Mr. Youse opposed Motion: Mr. Masci moved to remove the previous motion from the table. The motion carried unanimously, 7-0, by voice vote. City Council Business Meeting Page 9 April 1, 2002 Mr. Finnie suggested that the document be amended by inserting the words "affirm in principle" be inserted. There were no objections. Vote: The motion as amended (to affirm the draft terms of the MOU in principle) carried unanimously, 7-0, by voice vote. Mr. Watts noted that no additional action was necessary to approve the funding. He also stated that the final document will be brought back before the council. Motion: Ms. Fenn moved to direct staff to bring forward a list of items to be addressed in a potential interlocal agreement for discussion and consideration by the council at the April 8 meeting. Ms. Sandoval seconded Vote: the motion carried by voice vote with 6 in favor and Mr. Masci abstaining. NEW BUSINESS ORDINANCE 2802 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE CHAPTER 10.04 PARKING, SECTION 10.04.150, METHOD OF PARKING, AND CHAPTER 10.04 PARKING, SECTION 10.04.190, TWO-HOUR PARKING LIMIT, TO MODIFY PARKING LIMITATIONS Mr. Watts stated that the City has been approached several times about the parking in the Fillmore Street right-of-way between Water Street and Washington Street near the Ferry Terminal entrance. The 14 public parking spaces there are currently designated as maximum 24 hour parking and often are used by walk-on ferry passengers who park for the whole day. This results in a lack of spaces available for use by the general public doing business in the adjacent buildings and the downtown business district in general. He noted that if the spaces were changed to 2 hour maximum parking they would be available to the public throughout the day for general use. Motorists who desire to park longer than two hours at a time could park in other 24 hour spaces or at the Park & Ride facility. Jefferson Transit has stated that the current shuttle service from the Park & ride to the ferry terminal would generally meet the needs of walk-on passengers. Motion: Mr. Finnie moved to suspend council rules so that action can be taken this evening. Mr. Masci seconded The motion carried, 5-2, by voice vote with Ms. Fenn and Ms. Robinson opposed Motion: Mr. Finnie moved for adoption of Ordinance 2802. Ms. Sandoval seconded. The motion carried unanimously, 7-0, by roll call vote. ADMISSIONS TAX The Finance Committee recommended that staff determine the potential revenue which could be derived from instituting an admissions tax and identifying the legal uses for City Council Business Meeting Page 10 April 1, 2002 funds raised in that manner. Finance Director Michael Legarsky advised that state law authorizes admission taxes for events where admissions are sold. Local governments may impose a tax between 0% and 5% on admission fees. The tax is an unrestricted tax and may be used for any lawful purpose in providing services to citizens and the community. Mr. Timmons noted that this information was a first touch to the council and that no action is suggested at this time. Public comment None RESOLUTION 02-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, EXPANDING THE MEMBERSHIP OF THE NONMOTORIZED TRANSPORTATION ADVISORY BOARD FROM SEVEN (7) TO N1NE (9) MEMBERS The chair of the Non-motorized Transportation Advisory Board has requested increasing the size of membership from seven to nine members, indicating it would be beneficial to upsize the board so that dedicated citizens who regularly attend meetings could be included and did not anticipate the increase in membership will adversely affect process within the committee. Public comment None Motion: Ms. Robinson moved to adopt Resolution 02-010. Ms. Fenn seconded Mr. Masci characterized this item as a violation of the council's approved process, noting it had not been discussed previously and that adoption would overturn a specific action of the previous council without a compelling reason. Vote: The motion carried 5-2, by voice vote, with Mr. Masci and Mr. Youse opposed ORDINANCE 2803 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CHAPTER 13.05 UTILITY RATES AND CHARGES, SECTION 13.05.030, MONTHLY WATER RATES Mr. Timmons stated the issue has been raised by out-of-city customers that out of city rates are significantly higher than in-city rates, due in part to the City's prior investment in the Tri-Area that was not anticipated or accounted or in the exchange with the PUD. A City Council Business Meeting Page 11 April 1, 2002 rate study is scheduled for 2003 to determine the actual cost of service. Although it is common for municipal utilities to charge a higher rate to non-city customers, it is felt that a current differential of 10% between in-city and out- of-city rates would be adequate until the completion of the rate study. The Finance committee has recommended that staff evaluate and recommend a proposed solution to the full council. Ms. Sandoval clarified that the billing will go back to city rates plus 10% and that new construction will pay System Development Charges consistent with city regulations. Motion: Mr. Masci moved to waive council rules in order to take action on the ordinance. Mr. Finnie seconded. The motion carried unanimously, 7-0, by voice vote. Motion: Mr. Masci moved to adopt Ordinance 2803. Ms. Fenn seconded. Mr. Youse asked whether the rate adjustment would be retroactive. Mr. Watts replied it was not possible as the fees were collected under a valid ordinance and refunding would be considered a gift of public funds. Vote: The motion carried unanimously, 7-0, by roll call vote. ADJOURN There being no further business, the meeting was adjourned at 10:30 p.m. Attest: Pamela Kolacy, CMC City Clerk City Council Business Meeting Page 12 April 1, 2002