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HomeMy WebLinkAbout06212004CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF JUNE 21, 2004 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session this twenty-first day of June, 2004, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Catharine Robinson presiding. ROLL CALL Council members present at roll call were Frank Benskin, Freida Fenn, Kees Kolff, Laurie Medlicott, Catharine Robinson, and Michelle Sandoval. Geoff Masci arrived at 6:55 p.m. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, BCD staff members Jeff Randall, Jean Walat and David Wright, and City Clerk Pam Kolacy. SPECIAL PRESENTATIONS Mayor Robinson introduced State Department of Ecology Representatives Pat Bailey and Kelly Susewind, who presented the City of Port Townsend an award for 100 percent compliance with our National Pollution Discharge Elimination System (NPDES) permit in 2003. Operations Manager John Merchant accepted the award on behalf of his staff. Mayor Robinson also announced that the City received a Municipal Achievement Award for the recently completed trail map. The award was accepted by Non-Motorized Transportation Advisory Board member David McCulloch at the AWC annual conference. CHANGESTO AGENDA Mr. Masci requested that Health Jefferson Funding (10 D under City Manager's Report) be moved up to the first item on the agenda following public comment (VII A). Ms. Sandoval stated the issue of the Monster Truck event at the Fairgrounds has generated several e-mails. She will bring the issue up under Council Comments. COMMENTS FROM THE PUBLIC (consent and non-agenda items) No one was present to give the quarterly report on behalf of the Jefferson County Historical Society. City Council Business Meeting Page 1 June 21, 2004 Dan Tittemess, County Commissioner, stated that the BOCC would discuss the complaints regarding the Monster Truck event with the Fair Board and the public. stated that there is a high likelihood the event will not be repeated. He Chuck Henry of Sunrise Rotary stated that fundraising efforts are underway to underwrite the cost of fireworks for the Fort Worden Fourth of July event. CONSENT AGENDA Mr. Masci moved for approval of the following items on the Consent Agenda. Mr. Kolff seconded. The motion carded unanimously, 7-0, by voice vote. Approval of Bills, Claims and Warrants Vouchers 618041 through 618047 in the amount of $69,127.59 Vouchers 90249 through 90404 in the amount of $477,416.32 Vouchers 90406 through 90411 in the amount of $21,319.70 Approval of Minutes May 27, 2004 June 7, 2004 June 10, 2004 June 14, 2004 Approval of Resolutions RESOLUTION 04-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT ON BEHALF OF THE CITY OF PORT TOWNSEND WITH JEFFERSON COUNTY REGARDING PRIVACY AND SECURITY SECTIONS OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT RESOLUTION 04-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING THE CITY MANAGER TO SIGN AN INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT IN JEFFERSON COUNTY, WASHINGTON AND THE CITY OF PORT TOWNSEND, WASHINGTON Approval of Action City Council Business Meeting Page 2 June 21, 2004 Authorize the City Manager to sign a Memorandum of Understanding with Jefferson County committing to a proportionate share of funding a communications console in the event the sales tax proposition is unsuccessful. Approval of First Reading of Ordinance ORDINANCE 2863 AN ORDINANCE OF THE CITY OF PORT TOWNSEND RENAMING A PORTION OF MAPLE STREET (FROM OAK STREET TO DEAD END AT APPROXIMATELY 'J' STREET) TO MAPLE PLACE UNFINISHED BUSINESS HEALTHY JEFFERSON FUNDING Mr. Timmons noted, in response to Council's request, that the only funds he has identified that could be allocated to the County Health program would be council contingency funds, which are designated as one time only funding for emergency situations. He added that the Council's policy is to build the contingency to 2%. The fund presently contains $120,000 and a supplemental budget item would be necessary to allocate money to the County for health funding. Mr. Timmons added he is concemed about sustainability and accountability, as the City had no part in the decision to cut funding for this particular County program. Public comment Dan Tittemess, County Commissioner, stated that the BOCC has committed $12,500 to help continue the "Best Beginnings" program from July 1 to the end of the year. He added that the Commissioners do have the option of asking the public for 3/10 percent sales tax increase, with 2/10 for health funding and 1/10 for public safety funding. Terry McQuillan encouraged funding. Jean Baldwin commented on behalf of the County Health Department. Mary McQuillan supported funding. Julia Danskin commented on behalf of Jefferson County Health Department. Motion: Mr. Masci moved to contribute $25,000 to the County to fund the "Best Beginnings "program to the end of the year and that the Council engage in substantive talks with the BOCC to discuss problems caused by lack of AMVET funding; this wouM be a one time contribution from the Council's contingency fund. Mr. Benskin seconded City Council Business Meeting Page 3 June 21, 2004 Ms. Sandoval stated the item was not placed properly on the agenda; she feels public process has been compromised and does not feel comfortable moving forward. Mr. Kolff moved to table the motion to the end of the meeting so that people who planned to come later will have time to arrive and speak on the issue. Mr. Masci seconded The motion carried 5-2, with Sandoval and Fenn opposed ORDINANCE NO. 2862 AN ORDINANCE OF THE CITY OF PORT TOWNSEND PROVIDING FOR THE ADOPTION OF HISTORIC PRESERVATION COMMITTEE DESIGN GUIDELINES ON AN INTERIM BASIS Mr. Watts stated that the ordinance passed first reading on a 4-3 vote at the June 7, 2004 meeting. He noted that the ordinance preserves the status quo by providing for continued use by the Historic Preservation Committee of guidelines the HPC has been using for a number of years but which the Council has not formally adopted. Motion: Ms. Fenn moved for adoption of Ordinance 2863. Ms. $andoval seconded Mr. Benskin expressed reluctance to adopt prior to a recommendation from the Planning Commission. Mr. Masci and Mrs. Medlicott also spoke against adoption, citing concerns about adopting on an interim basis prior to Planning Commission review. Mr. Kolff stated adoption would make the process more predictable for citizens and would give the Planning Commission as much time for review as they need. Vote: motion carried, 4-3, with BensMn, Masci and Medlicott opposed PUBLIC HEARING ORDINANCE 2864 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE CHAPTER 17.16, RESIDENTIAL ZONING DISTRICTS, RELATING TO COTTAGE HOUSING DEVELOPMENTS, REVISING MAXIMUM DENSITIES, PROVIDING FOR SEPARATION OF COTTAGE DEVELOPMENT IN R-1 ZONES, CLARIFYING IN 17.16.020 THE PERMITTED NUMBER OF SINGLE-FAMILY STRUCTURES ON INDIVIDUAL LOTS, AND MAKING OTHER CHANGES City Council Business Meeting Page 4 June 21, 2004 Mayor Robinson opened the public hearing, noting that after public comment, the hearing will be held open to provide opportunity for public comment on items the staff is still reviewing which will be considered at a later date. She asked if any council members had any interests, financial or property, in the issue. There were none. Planner Jean Walat stated that the ordinance under consideration this evening reflects new language for suggested changes from the Council. Public comment: Mike Dawson: spoke in support of Planning Commission's work but added he still believes the allowed density is too high. Mr. Dawson also read a letter from Dorothy Hensey, supporting staff and Planning Commission amendments and asking for required separation between developments. Terd McQuillen: spoke in support of including affordable unit in each development. Also discussed state laws regarding allowing manufactured housing in all zoning districts to eliminate discrimination. Maria Streator: concerned about drainage; likes the conditional use permit as it encourages people to present their best proposal; also spoke in favor of allowing alternative types of structures, green roofs etc. She spoke against increasing the density in R-1 zone as a bonus. Mr. Watts responded to Ms. McQuillan, noting that the language she referred to is part of the existing code, not a proposed change; he has talked with the City Manager and the recommendation is that the issue of responding to the new state law should come before the Council as part of the "in box" process for dealing with new matters. RECESS The Mayor called a recess at 8:05 p.m. for the purpose ora break. RECONVENE The meeting was reconvened at 8:20 p.m. Mayor Robinson asked if any staff member wished to respond to any issues raised by speakers. Ms. Walat stated that the cost of housing itself in a typical housing development is about one third development; the rest is infrastructure, common open space, landscaping, etc. City Council Business Meeting Page 5 June 21, 2004 Ms. Sandoval asked if manufactured homes could be used in cottage developments, given that at one time the smallest one available was 1200 square feet. Mr. Watts noted that there are smaller manufactured homes being made at this time. In answer to Mrs. Medlicott, Ms. Walat noted that the definitions of mobile, modular, and manufactured homes are contained in the municipal code. Mr. Timmons noted a mobile home park provides rental space for residents; it is non- owner occupied. Mayor Robinson asked if anyone in the audience wished to make any clarifications regarding issues raised by the council. Mike Dawson stated the comparative numbers of units are units which would be occupied by people as opposed to garages, etc. Mayor Robinson announced that public testimony would now be closed except that continued to July 6 for the issues which are still under review by staff. These issues include adding a requirement that each cottage development include one or more affordable housing units; separation issues; additional forms of cottage ownership; and limitations on the rental of cottage units. Mr. Masci raised a number of issues including forms of ownership other than "condominium;" definition for "low impact" development techniques; delete "central" in G2 and add "shall be appropriately located;" find alternative language to eliminate specifying bonuses and allow flexibility; take into consideration that low impact measures could be off the site; add a glossary to this section even though the terms will be added to the general glossary. He asked that staff research deleting definition of manufactured mobile home park and create a definition for low impact as well as clarification of the condominium ownership; and include more creativity in the bonus stuff, including design issues. Motion: Ms. Sandoval moved for first reading of Ordinance 2864, with further discussion when staff brings back additional information. Ms. Fenn seconded Ms. Walat noted that the practice has been to put all definitions in one place (17.08) but a note could be included in this section of the code directing readers to the glossary. Mr. Benskin stated he would like to have further discussion at this time rather than at a continuation. Some of the issues he would like to weigh in on are: maximum building height and roof pitch; bulk and dimension of cottages; shading and privacy issues. He suggested that Ross Chapin be invited to the workshop. Mr. Benskin stated that the ordinance as written is discriminatory in regard to manufactured homes. He asked that staff bring forward options which would allow use of manufactured homes as an affordable option. City Council Business Meeting Page 6 June 21, 2004 Mr. Watts stated that the Council must answer the question as to whether manufactured homes are appropriate in cottage housing developments. Vote on motion for first reading of Ordinance 2864: motion carried 4-3, with Benskin, Masci and Medlicott opposed It was suggested that July 6 be a workshop on the cottage housing ordinance rather than a continuation of the public hearing; then noted that since July 6 was a regular business meeting, a workshop should be scheduled at another time, as quickly as possible, prior to continuation of the hearing and adoption of the ordinance. Motion: Mr. Benskin moved that another workshop be held to discuss Ordinane3 2864 prior to continuation of the public hearing and adoption of the ordinance. Mrs. Medlicott seconded The motion carried unanimously, 7-0, by voice vote. Ms. Sandoval asked that a representative of the Planning Commission be invited to attend the workshop. Motion: Mayor Robinson moved to ask staff to come to a scheduled workshop with a definition of low impact development techniques and a glossary of terms which relate to this ordinance. Mrs. Medlicott seconded The motion carried unanimously, 7-0, by voice vote. Ms. Fenn left the meeting at 9:20 p.m. due to illness. RESOLUTION 04-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, APPROVING THE 2005-2010 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM AND AUTHORIZING THE CITY MANAGER TO SUBMIT THIS TO THE STATE Public Works Director Ken Clow introduced the resolution noting a first touch had occurred at the last business meting. The TIP shows a proposed list of state and federally funded projects and generally implements policy established by the City Council over the last several years. Public comment None The public heating was closed. Motion: Mr. Masci moved for adoption of Resolution 04-031. Mr. Kolff seconded The motion carried unanimously, 6-0, by voice vote. City Council Business Meeting Page 7 June 21, 2004 PRESIDING OFFICER'S REPORT LETTER TO WASHINGTON STATE DEPARTMENT OF TRANSPORTATION A draft letter to the WSDOT regarding labeling of trucks carrying hazardous materials was presented for consideration. Ms. Sandoval suggested the following changes: strike "several" before citizens and add a request for a public hearing to be held locally. Ms. Sandoval moved to authorize the Mayor to send the letter with changes suggested. Mr. Kolff seconded Mr. Masci noted that labeling the shipments creates targets for potential terrorists and he will not support the letter or have his name attached. Vote: motion carried to send letter under the Mayor's signature carried, 5-1, with Masci opposed APPOINTMENT TO TREE COMMITTEE Motion: Mr. Masci moved to accept the Mayor's recommendation to appoint Nancy Stelow to the Tree Committee (Position 7, term expires May 1, 2007). Ms. Sandoval seconded The motion carried unanimously, 6-0, by voice vote. CITY MANAGER'S REPORT WRIA 17 Update Mr. Timmons noted that the City is at a critical point in the renewal process for the Forest Service water permit; policy decisions at the regional level will help determine what conditions will be set forth in the permit. Bob LaCroix, Water Operations Manager and the city's current representative to WRIA 17, stated the work now is being done on the last chapter regarding stream flows. Policy guidance from the Council will be needed. Mr. Timmons suggested that the Council schedule a work session or assign the task to a committee. He added that it is appropriate for Council members to be at the table through the end of the process. Consensus was to set a workshop meeting as soon as possible. Potential Purchase of DSHS Building City Council Business Meeting Page 8 June 21, 2004 Mr. Timmons stated he wished to document discussions about the potential purchase of the DSHS Building for use by the Police Department. He noted there may be more federal funding available and it may be useful to have a bridge agreement in place about how to arrive at a price. City and County attorneys are working on this and will bring back in July. RESOLUTION 04-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNEND AUTHORIZING THE CITY MANAGER TO AWARD AND EXECUTE A CONSTRUCTION CONTRACT WITH VISION BUILDERS, INC. OF PORT ANGELES FOR THE FIRE STATION RECONSTRUCTION PROJECT Mr. Timmons noted that bids for the Fire Station project exceed the architect's estimate by more than 10%, due primarily to steep rise in materials costs. He noted that there is $150,000 in bond money not earmarked, which can be used for the project. Project Manager David Wright stated they pulled as much out of the estimates as they could prior to the bids coming in. ADA issues, including the elevator, were not negotiable. Motion: Mrs. Medlicott moved for adoption of Resolution 04-032. Mr. Benskin seconded The motion carried unanimously, 6-0, by voice vote. Mr. Timmons noted the Fort Worden Fourth of July celebration would be held at Fort Worden on July 4. Mr. Timmons recognized Public Works Lead Catherine McNabb for receiving a certificate of appreciation for her work on the APWA Contract Administration Subcommittee of the Construction Management Committee. Mr. Timmons noted that a memorandum of understanding between the City and County and Jefferson Land Trust has been proposed regarding the gateway buffer. A tentative agreement, subject to legislative approval, was reached between the County Administrator and City Manager earlier this year. Motion: Mr. Kolff moved to bring the MOU forward to the next business meeting. Mr. Benskin seconded The motion carried unanimously, 6-0, by voice vote. HEALTHY JEFFERSON FUNDING The motion tabled earlier in the evening was taken up. Mr. Kolff asked if the total needed for the program is $25,000, since the County is contributing $12,500. Jean Baldwin of the Health Department, stated that the total figure needed is now $35,000. City Council Business Meeting Page 9 June 21, 2004 Mrs. Medlicott stated she would be willing to support a contribution equal to half of the funding needed, but on a one time only basis. Amendment: Mr. Masci proposed to amend the original motion by changing "$25, 000" to "$23, 000." Ms. Robinson noted her concern is long term funding; she is not willing to put city taxpayer money on the line without a guarantee from the County of their plan for long term funding of these programs. Vote on main motion (contribute $25, O00 from Council contingency): Motion failed, with 3 in favor, 1 opposed (Robinson) and 2 abstentions (Medlicott and SandovaO. Mr. Kolff suggested addressing the issue at a special meeting on June 28. Motion: Mr. Masci moved to allocate $17,500from the council contingency fund on a one-time basis, with the intent that the BOCC match the funds with $12,500, and the City and BOCC have discussions about the budget crisis arising from loss of AMVET funds. Mr. BenskJn seconded The motion carried, 4-2, with Robinson and Sandoval opposed ADJOURN There being no further business, the meeting was adjourned at 10:27 p.m. Attest: Pamela Kolacy, CMC City Clerk City Council Business Meeting Page 10 June 21, 2004