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HomeMy WebLinkAbout09022003CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF SEPTEMBER 2, 2003 The City Council of the City of Port Townsend met in regular session this second day of September, 2003, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Kees Kolff presiding. CALL TO ORDER AND PLEDGE OF ALLEGIANCE The meeting was called to order at 6:30 p.m. by Mayor KeeS Kolff. Council members present at roll call were Frieda Fenn, Joe Finnie, Kees Kolff, Geoff Masci, Catharine Robinson, Michelle Sandoval, and Alan Youse. Staff members present were City Manager David Timmons, Public Works Director Ken Clow, BCD Director Jeff Randall, Finance Director Michael Legarsky, Planner John McDonagh, Planner Jean Walat, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Mr. Masci requested that a discussion of method of funding street maintenance be added to the agenda. He noted he had proposed the item and prepared information, which he distributed, but that Mayor Kolff had declined adding it to the printed agenda. Mayor Kolff stated he has the same reservations about bringing the item forward now and believes the item is not coming forward with the proper process. Ms. Sandoval stated the item should be discussed in the full context of all street funding options. Ms. Robinson stated that since the item was not included on the agenda or council packet, citizens have not been given notice of the discussion; she suggested adding it to the September 15 agenda. Mayor Kolff asked for a vote regarding placement of the item on the agenda. The vote was 4-3 in favor of not adding the item (Finnie, Masci and Youse opposed). PRESIDING OFFICER'S REPORT Mayor Kolff read a proclamation declaring September 5, 2003, as Jefferson County United Good Neighbor Day. The Mayor also announced he and Mr. Timmons will be traveling to Poulsbo on October 9 for the AWC Regional meeting; other Councilors should consider attending. A letter from the Lower Elwha Tribe was received regarding a grant they have received to study substance abuse; they are lOoking for a council member to serve on the advisory group. Anyone interested should contact Mr. Timmons. City Council Business Meeting Page 1 September 2, 2003 CITY MANAGER'S REPORT Mr. Timmons announced that the City has received another excellent audit report from the State Auditor's office. He also noted the grant for funding for the shoreline program has been submitted to the state for review. He added the City is preparing for the September 15 deadline for submission to the County Infrastructure Fund; he distributed an executive summary of the application. Mr. Timmons distributed a resolution regarding execution of a grant application for a State of Washington Hazard Mitigation Grant. He noted the application has been prepared and requires passage of the resolution for submission. Time is of the essence because of the grant deadline. RESOLUTION NO. 03-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, DESIGNATING THE CITY MANAGER AS APPLICANT AGENT FOR THE STATE OF WASHINGTON HAZARD MITIGATION PLANNING PROGRAM APPLICATION Public Comment None Motion: Ms. Fenn moved for adoption of Resolution 03-027. Ms. Sandoval seconded The motion carried unanimously, 7-0, by voice vote. Mr. Timmons also noted he has met with County administrator David Goldsmith regarding interlocal contracts for 2004 and he does not anticipate any surprises. A new interlocal agreement is being prepared which will address joint building official and code administration services. Mr. Timmons noted that the City has gone into Lords Lake for water supply; if the dry weather continues, the City may institute mandatory water conservation. Public comment Tamara Conway: spoke in support of the City pool. Gene Brandon: spoke in support of the pool. Mimi Henley: spoke in support of building a new aquatic center. Annette Huenke: spoke in support of pool programs. City Council Business Meeting Page 2 September 2, 2003 Mel Dyer: spoke in support of the pool. Nancy Speser (Acting Pool Manager) spoke in support of the pool. Bob Schramke: stated passage of the tree conservation ordinance will encourage people to remove trees and prevent forest fires. PUBLIC HEARING ORDINANCE 2837 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND RELATING TO TREE CONSERVATION; ESTABLISHING A NEW PORT TOWNSEND MUNICIPAL CODE CHAPTER 19.06 TREE CONSERVATION; AND AMENDING SECTIONS OF TITLE 18 - LAND DIVISION, TITLE 17 - ZONING, TITLE 20 ADMINISTRATIVE PROCEDURES REGARDING CROSS REFERENCES AND ADMINISTRATIO OF LAND DEVELOPMENT REGULATIONS RELATING TO CHPATER 19.06; AND AMENDING CHAPTER 12.24 STREET AND PARK TREES TO ESTABLISH A LANDMARK TREE PROGRAM AND URBAN FORESTRY ACCOUNT; AND ADOPTING CHAPTER 2.71 CREATING A CITY TREE COMMITTEE TO ALLOW THE CITY TO OBTAIN TREE CITY USA STATUS Mayor Kolff read the legislative public heating procedures. He asked if any council member had any interest, financial or property, to disclose in connection with the matter. There were none. Building & Community Development Director Jeff Randall introduced the ordinance, noting the Planning Commission has recommended adoption of tree conservation standards and also has recommended adoption of proposed amendments to the Municipal Code that would allow the city to become a "Tree City USA" as well as establishing a voluntary landmark tree program to recognize trees of special significance. He noted the citizen advisory committee would be established to assist Public Works and Parks meet the Tree City USA goals; this would include conduction of a tree inventory and public education. He presented several slides showing in particular how the passage of the ordinance would affect various types of activity regulated by the city code. Mr. Randall introduced Ben Thompson of the Department of Natural Resources who was available to answer questions about the Tree City USA status. In answer to a question regarding enforcement, Mr. Randall noted that enforcement is administered by the BCD Director (as cross-referenced in the ordinance) and that City Council Business Meeting Page 3 September 2, 2003 remedies begin with voluntary compliance and go up to a maximum of $100 per day fines. Public Comment Forest Shomer: spoke in support of the ordinance; his preference would be to retain the references to 40,000 s.f. rather than changing them to one acre. He noted that the tree committee has labored through 18 months and demonstrated a real interest in the issue; he stated that many would probably be happy to serve on the new committee. Council Questions Ms. Sandoval asked about provision for utility rights-of-way. Mr. Randall stated that all the sections of 12.24, which would have dealt with street trees, were removed; it was agreed that changes should be made but it appears to be an appropriate task for the tree advisory committee. Ms. Sandoval asked if there is a provision that will provide for conservation of trees during public construction projects. Mr. Randall stated it would be good if sites were posted to let people comment before trees were removed; the issue needs more thought and can be added to the list to be addressed in the future. In answer to another question from Ms. Sandoval, Mr. Randall stated the ordinance doesn't address small lots on the shoreline although if the lot is on a bluff the ordinance will give direction. He stated that the shoreline update process will make recommendations on shoreline vegetation management. Mr. Masci asked for the rationale for 19.06.120 (B) "Sites with Insufficient Tree Cover." Mr. Randall stated is deals with development with a conservation plan; a site devoid of trees which is subject to the ordinance may require the planting of some trees. Mr. Masci asked how tree density standards were calculated, whether it was best available science. Mr. Randall stated that staff relied on other recently adopted ordinances in other jurisdictions; the staff and committee took into consideration aesthetics and growing conditions for this area. Mr. Randall also noted that comparable ordinances were changed to give more credits for smaller trees to recognize local growing conditions. city Council Business Meeting Page 4 September 2, 2003 Mr. Masci asked if items 4 and 5 on page 15 contradict each other. Mr. Randall answered he does not think they are inconsistent. Mr. Masci asked why on page 16 them is a mandate for two inches of mulch over pre- existing grade. Mr. Randall stated the intent is to have mulch but not leave a large amount such as 24-26 inches; he said the language could be changed to state something like "bring it back to healthy growing condition." Mr. Masci asked about the fee section and whether it is consistent with other fee schedules. Mr. Randall noted he had estimated the fees based on the amount of staff time which would be necessary. Ms. Fenn asked at what population cities tend to hire tree professionals such as certified arborists. Mr. Randall noted that there is a shortage of licensed professionals in Jefferson County. Mr. Thompson stated generally cities above about 25,000 in population may have a certified tree professional on staff. Ms. Robinson asked about "diseased trees" and departmental responsibility. Mr. Randall noted that trees in public rights of way are under review by Public Works and the Parks Dept. - the references in this ordinance are associated more with land use. Ms. Robinson also noted a discrepancy on pages 7 and 8. Mr. Randall agreed the following changes should be made: Page 7, lines 4 and 8 - strike RIV Page 8, line 15, strike RIV Ms. Robinson asked how "significant adverse environmental impacts would be judged." Mr. Randall replied that this would be a fall back in a situation where there was no SEPA review. He added that the state will limit SEPA review somewhat. Ms. Robinson also asked for some clarification of the cost of the program. Mr. Masci noted that in Chapter 2.71.040(13) "mayor" should be struck and the line should mad "as directed by the city council" to reflect current Council/Manager form of government. Mayor Kolff asked if anyone in the audience wished to clarify anything raised by council questions. Laurie Medlicott stated she believes it is important to determine the cost of the ordinance and the cost of staff time which has gone into it. There was no further comment and Mayor Kolff closed the public testimony portion of the hearing. City Council Business Meeting Page 5 September 2, 2003 Motion: Ms. Sandoval moved for first reading of Ordinance 2837. Ms. Fenn seconded Ms. Fenn noted that she would plan to propose amendments to the ordinance, particularly in regard to the 40,000 s.f. exemption level. She believes 20,000 s.f. is more appropriate. Mr. Finnie encouraged the Council to move forward to a vote so we can stop spending money and either have or don't have an ordinance. He added that the people and businesses of Port Townsend have looked after their trees for fifty years; he does not know of anyone who has abused this up until now or in the last few weeks when there has been no interim ordinance. Mr. Masci stated that he believes in education rather than legislation whenever possible; he stated that he doesn't believe any of the documents other than the Tree City USA ordinance meet the criteria put forth by the citizen committee. He echoed Mr. Finnie's sentiment that the last 50-75 years have shown that citizens seem to have done a good job of managing their properties relative to trees. The proposed ordinance provides authority for intervention and police authority; he does not support increasing authority for any agencies besides police and fire. He added he couldn't support the ordinance although he appreciates the amount of work by staff and citizens. Vote: motion for first reading carried, 4- 3, by voice vote, Masci, Finnie and Youse opposed RECESS At 8:30 p.m., Mayor Kolffrecessed the meeting for the purpose of a break. RECONVENE The meeting was reconvened at 9:00 p.m. CONSENT AGENDA Motion: Mr. Finnie moved for approval of the following items on the consent agenda. Ms. Sandoval seconded The motion carried, 5-0, with Mr. Masci and Mr. Youse not present. Approval of Bills, Claims and Warrants Voucher 87051 in the amount of $10,583.18 Vouchers 87053 through 87183 in the amount of $88,848.63 Approval of Minutes August 18, 2003 City Council Business Meeting Page 6 September 2, 2003 Approval of Resolution Resolution 03-024 A Resolution of the City Council of the City of Port Townsend Authorizing the City Manger to Sign a Joint Funding Agreement for Water Resources Investigations with the United States Geological Survey (USGS). Approval of Action Continue Murphy Street Vacation hearing to a date to be determined. Approval of Resolution Resolution 03-026 A Resolution of the City Council of the City of Port Townsend Authorizing the City Manager to Increase the Contract with Jofran Enterprises for Back-up Plans Review and Building Inspections Approval of Action Authorize the City Manager to settle the Clallam/Foster Street legal action. UNFINISHED BUSINESS ORDINANCE 2835 AN ORDINANCE appropriating the sum of $222,693 to the General Fund; $15,000 to the Contingency Fund; $10,000 to the Community Development Block Grant Fund; $51,380 to the Lodging Tax Fund; $15,687 to LID #1 Fund; $396,657 to the Capital Improvement Fund; $21,140 to Water and Sewer Fund; $220,000 to the Utility Construction Fund; $8,977 the Stormwater Fund; $31,252 to the Solid Waste Fund; $200,000 to the Equipment Rental Fund; $4,946 to the Firemen's Pension Fund; $247,000 to the Transmission Line Replacement Fund; and making findings and declaring an emergency. Finance Director Michael Legarsky noted that the ordinance has been presented and discussed by the Council but action was delayed due to the number of Councilors absent from the last meeting. Public Comment None Motion: Ms. Fenn moved for adoption of Ordinance 2835. Ms. Sandoval seconded. The motion carried 5-1, by roll call vote, Youse opposed, Masci not present for the vote. City Council Business Meeting Page 7 September 2, 2003 ORDINANCE 2836 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE, CHAPTER 10.04 PARKING, SECTON 10.04.194, FIFTEEN-MINUTE PARKING, TO PROVIDE FOR ADDITIONAL FIFTEEN- MINUTE SPACES Mr. Timmons noted the action was discussed at the last meeting and a first reading was done at that time. He added that this is an interim measure taken in response to concerns of the business people in the area. The issue will be further addressed in the forthcoming parking plan. Public comment None Motion: Ms. Sandoval moved for adoption of Ordinance 2836. Ms. Robinson seconded The motion carried 6-1, by roll call vote, Masci opposed COMPEHENSIVE PLAN AMENDMENTS - PUBLIC HEARING SCHEDULE Planner John McDonagh stated that the Building & Community Development staff has recommended a public hearing schedule for the fourth quarter of 2003 to consider two new ordinances as well as the docketed Comprehensive Plan items. The suggested date for public hearing on the Comprehensive Plan items is October 6, 2003. Public comment None Motion: Ms. Robinson moved to set a public hearing date of October 6, 2003, to consider the Year 2003 Comprehensive Plan Amendments. Ms. Sandoval seconded The motion carried unanimously, 7-0, by voice vote. C-II DESIGN STANDARDS - PUBLIC HEARING SCHEDULE Planner Jean Walat stated the BCD staff proposes a public hearing be set for Thursday, October 23, 2003, to consider revisions to the interim C-II General Commercial Zoning District Architectural and Site Design Standards. She noted that a joint Council/Planning Commission workshop was held on May 8, 2003 and that a Planning Commission public hearing is scheduled for Thursday, September 25, 2003. In response to Ms. Robinson's question, Ms. Walat noted that the material in the packet does contain all proposed elements of the ordinance, but it does not have strikeouts and underlines to indicate changes from existing code. That document will be provided prior to the public hearing. City Council Business Meeting Page 8 September 2, 2003 Public Comment None Mayor Kolff noted that the General Government Committee meeting would need to be rescheduled from the 23rd. Consensus was to reschedule General Government Committee meeting from October 23 to October 30. Motion: Ms. Fenn moved to set a special meeting of the Council for October 23, 2003, to conduct a public hearing on C-II (General Commercial) Design Standards. Ms. Sandoval seconded. The motion carried unanimously, 7-0, by voice vote. HISTORIC DISTRICT OVERLAY DESIGN REVIEW - PUBLIC HEARING SCHEDULE Mr. McDonagh stated that staff had planned to recommend a public hearing on the Historic District Overlay Design Review for October 23, 2003, but the Planning Commission has decided more time is needed to consider the issue. A workshop has been scheduled for October 9, 2003 and the Council could choose to make this a joint meeting. Motion: Mr. Masci moved to schedule a joint workshop with the Planning Commission on October 9, 2003, to review the Historic District Overlay Design Review proposal. Ms. Fenn seconded. The motion carried unanimously, 7-0, by voice vote. NEW BUSINESS RESOLUTION 03-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH CASCADIA COMMUNITY PLANNING SERVICES FOR CONSULTANT SERVICES ON THE 2004 COMPREHENSIVE PLAN UPDATE Mr. Randall noted that Eric Toews of Cascadia Community Planning Services has been assisting BCD staff with the 2004 Comprehensive Plan update; however the contract and grant monies have expired. He noted that BCD has funding remaining in its professional services account, so approval of the contract extension will be budget neutral. Public comment None Motion: Mr. Masci moved to approve Resolution 03-025. Ms. Robinson seconded. The motion unanimously, 7-0, by voice vote. City Council Business Meeting Page 9 September 2, 2003 TRAIL EASEMENT - 3 5TM AND HOWARD STREETS Mr. Watts stated that Doug Mason and Mary Greenwood-Mason have offered to grant to the City an easement over the westerly 10 feet of Lot 1 of their property at 35th and Howard, conditioned that no motorized use of the trail ever occurs. The property is the location of a trail used bY the public. Ms. Robinson asked who maintains the trail currently. Mr. Clow noted that the City has done work to make the trail safe. Public comment None Ms. Fenn moved to authorize the City Manager to accept the 35th and Howard Streets trail easement. Ms. Sandoval seconded Mr. Youse expressed concerns about the City doing work on private property; he asked if there is liability to the city. Mr. Clow noted that this is a singular case where the City has done some maintenance work due to the common use of the trail by the public. Mr. Timmons added that the City had consent from the owners to do the maintenance work. Mr. Clow said that to his knowledge there are no other trails on private property which have been maintained by the city. Vote: motion carried unanimously, 7-0, by voice vote. STANDING COMMITTEE RECOMMENDATIONS Recommendation of the Community Development and Land Use Committee Regarding Vacation Rentals Ms. Sandoval expressed the concern of the committee regarding review and update of the vacation rental ordinance. She stated they are illegal and have become prolific, citing instances in her own neighborhood and the number of people who inquire at the real estate office as to lists of vacation rentals. Ms. Robinson asked whether a vacation rental ordinance already exists. Mr. Randall stated the issue is complicated and cited regulations concerning transient housing, but stated that there is no regulation regarding rentals of 30 days or less so they are not permitted by code. He also added he would recommend waiting until winter to task staff with another ordinance project. Public comment City Council Business Meeting Page 10 September 2, 2003 Laurie Medlicott encouraged the city to review its liability issues which arise from allowance of unregulated activities; she also added this may be an opportunity for revenue to the city. Mr. Masci then stated as a point of order that the discussion is in violation of the Council rules, Exhibit D, showing the legislative/policy formation flow chart. Consensus was to bring the issue to discussion at the council's retreat for inclusion in the discussion of the 2004 workplan. TRANSPORTATION COMMITTEE Ms. Robinson summarized the discussion at the August 2 Transportation Committee meeting. She noted the staff had presented the committee with figures and information regarding street maintenance and street capital projects, and street levy alternatives and funding methods were discussed. Mr. Youse asked several questions about the derivation of the figure of $538,210 and about the effect on other services if that amount were funded from the General Fund. Mr. Timmons noted he does not yet have all the information regarding revenues and 2004 expenditures to have the answer about what impact it would have on the budget in total. Public comment None Motion: Ms. Fenn moved to postpone discussion and action on this item and to schedule it for another meeting as soon as possible when Council can have a staff presentation regarding facts and figures. Ms. Sandoval seconded Amendment: Ms. Sandoval proposed a friendly amendment that information from staff would specifically include the six items listed in the Council motion regarding Transportation Committee recommendation made at the last meeting (August 18). There were no objections. Mr. Finnie stated that he believes the aim of the Committee to bring these issues before the community; everyone needs to hear the estimated figure for street maintenance. He believes it is important for the Council to discuss the manner of funding for street maintenance and to understand how the basic maintenance funding recommendation was formulated. Mr. Kolff asked Mr. Timmons to confirm that he would not be hampered in the budget planning process if the number were not discussed and settled at this time. Mr. Timmons stated it would not. City Council Business Meeting Page 11 September 2, 2003 Ms. Robinson stated her feeling was to get the items out for discussion; she added she did not expect action but wanted to discuss ways to address the issue. She added she would like to see the issue on the September 15 meeting agenda. Vote: motion carried 5-2, by voice vote, Masci and Youse opposed SUGGESTIONS FOR NEXT AGENDA Mr. Masci noted he would propose the General Government recommendation regarding council compensation from the August 28 meeting and the allocation funding proposal for street maintenance to be funded as an essential service from the General Fund be placed on the agenda for the next meeting. Mr. Youse concurred. Mayor Kolff advised the recommendations would be considered in light of other scheduling matters. ADJOURN There being no further business, the meeting was adjourned at 10:20 p.m. Attest: Pamela Kolacy, CMC City Clerk City Council Business Meeting Page 12 September 2, 2003