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HomeMy WebLinkAbout050211 CITY OF PORT TOWNSEND MINUTES OF THE BUSINESS MEETING OF MAY 2, 2011 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session the second day of May 2011, in the Council Chambers, Mayor Michelle Sandoval presiding. The meeting was called to order at 6:30 p.m. ROLL CALL Councilmembers present at roll call were David King, Laurie Medlicott, Kris Nelson, George Randels, Catharine Robinson, Michelle Sandoval, and Mark Welch. Staff members present were City Manager David Timmons, City Attorney John Watts, City Clerk Pam Kolacy, Planning Manager Judy Surber, Development Services Director Rick Sepler, and Public Works Director Ken Clow. CHANGES TO THE AGENDA Mayor Sandoval stated that staff had a revision to the suggested action under the Public Hearing on the Disposition of Surplus property. Specifically, that the Council move to designate the Beech, Cherry, and Discovery properties for affordable housing purposes and direct the City Manager to report to the Council with recommended steps. In other words, the recommendation is simply to bank the properties for affordable housing with details to be determined. COMMENTS FROM THE PUBLIC Public comment There were no comments from the public. CONSENT AGENDA Ms. Nelson asked to remove Item D (Adoption of Resolution 11-009 Authorizing Community Development Block Grant Loans) for discussion regarding conditions on the loan. The item was moved to New Business. Motion: George Randels moved to approve the following items on the consent agenda: Approval of Bills, Claims and Warrants: EFT in the amount of $11,266.01, Vouchers 114431 through 114440 and EFTs in the amount of $100,415.74, EFT in the amount of $194.60, Vouchers 114442 through 114453 in the amount of $17, 145.65, Voucher 114515 in the amount of $2,000.00, Vouchers 114454 through 114544 in the amount of $647,383.51, Voucher 114545 in the amount of $2,676.76; Approval of Minutes: April 11, 2011 Workshop; Approval of Advisory Board Appointments Design Review Advisory Committee City Council Business Meeting May 2, 2011 Page 1 of 8 Guy Hupy (Position 5, term expires May 1, 2014) Lodging Tax Advisory Committee Dave Robison - Collector position (Position 9, term expires May 1, 2014) Sherri Hanke -At Large position (Position 2, term expires May 1,2014) John MacElwee - Recipient position (Position 4, term expires May 1, 2014) Historic Preservation Committee Gee Heckscher (Position 1, term expires May 1, 2014) Michael Colbert (Position 2, term expires May 1, 2014) James Manier (Position 3, term expires May 1, 2014) Non-motorized Transportation Advisory Board Sally Chapin (Position 1, term expires May 1, 2014) Approval of Resolution 11-010 Authorizing Community Development Block Grant Loan to Friends of JCS, LLC. Mark Welch seconded. Vote: motion carried unanimously, 7-0 by voice vote. PUBLIC HEARING Disposition of Surplus Property - Designating Properties for Affordable Housing Planning Manager Judy Surber reviewed the packet materials. Mayor Sandoval noted that because this is a continued public hearing, she will not repeat the recitation of the rules of procedure for public hearings. Ms. Surber reviewed some of the issues raised in comment letters. She added that based on a recent meeting with Homeward Bound representatives and additional comment letters, the staff recommendation has been revised as stated by the Mayor earlier in the meeting. Public Comment: John Mericle referred to his written comment and noted several difficulties regarding the Beech Street site, specifically the slope, wetlands, and wildlife corridor. He noted he is not an opponent of affordable housing but reiterated that the property is a very difficult site to develop with serious environmental issues. He also noted that the area is mentioned in the Parks and Recreation Plan as open space. He asked the Council to reconsider and designate the property as open space. Barbara Mericle stated she is concerned that Homeward Bound may try to develop a site beyond their resources. She has seen what happens when development goes in where it shouldn't. She would prefer that any development be done in carefully considered fashion taking into account all the neighborhood concerns. David Rymph, member of the Board of Commissioners of Peninsula Housing Authority, and representing PHA Executive Director Pam Tietz, read portions of a letter which Ms. Tietz sent to the Council. The Peninsula Housing Authority supports the staff City Council Business Meeting May 2, 2011 Page 2 of 8 recommendations regarding surplus housing. In addition, he noted it is essential that non-profit providers get access to affordable land to develop these projects. He expressed thanks to the City Council for taking an action that will help establish this goal. Barbara Sjoholm lives down slope from the Beech Street property. She stated she is not against affordable housing but asked the Council to designate a site with fewer development and environmental issues. Daniel Barnes provided written comments which he read into the record. He noted that the Beech Street property is a marginal, unstable and steeply sloped parcel; he added that using an inexperienced non-profit developer is not the way to further affordable housing in Port Townsend. He asked that something be done for families who have to leave town to purchase necessities. Robbie Metzger lives adjacent to Beech Street and has concerns, as a builder, that the lot is not appropriate for development. He believes it would be expensive and difficult to develop due to steep access, large trees and drainage issues. He is in favor of low income housing but this proposal is problematic. There was no further public comment. Ms. Surber stated that in regard to the difficulties of the site, the next step would be for the developer to do due diligence and see if the site is viable. Mr. Sepler stated that staff acknowledges the sites are difficult but they would be subject to the same regulations as any development. Mayor Sandoval noted we are a long way from seeing a specific developer build on this specific site, and the Council is simply considering the disposition of the properties as potential affordable housing sites. Ms. Surber explained that due diligence prior to surplus and designation as affordable housing would put the burden of cost on the City rather than the developer. Council's action would indicate that if the property is feasible, it can be used for affordable housing. Mr. Timmons noted that an alternative may be to take the development rights from this property and transfer them to another property in the future if the sites are not buildable. Ms. Robinson asked for clarification of the inclusion of this property in the Parks Plan. Mr. Sepler noted the page provided by Mr. Mericle is from the 1998 Parks Functional Plan and does not show a restriction on the property, but rather notes that "where possible preserve" - however that does not prevent private development. It is shown in the plan as existing open space. Ms. Surber noted that the Non-Motorized Plan shows Beech Street as an area to remain unopened if possible; but there are other nearby properties that may need access. City Council Business Meeting May 2, 2011 Page 3 of 8 In regard to the change in zoning as a prerequisite to the designation, Mr. Watts stated that any proposal would be contingent on the property being rezoned. He also noted that the City does not currently have a transfer ordinance on the books. The zoning change would not be required if the property were not being considered for surplus. There was follow-up discussion about the various methods and implications of transfer rights. Council agreed that the City deems affordable housing to be one of its high priorities with this action and these options should not be eliminated before the possibilities for development of these properties are examined. Concern was expressed that the neighborhoods remain involved. Mayor Sandoval noted that the agenda bill lists a number of "master lease" provisions that would be necessary for any housing provider entering into a development agreement with the City. Motion: George Randels moved Council designate the Beech, Discovery & Cherry properties for affordable housing purposes and direct the City Manager to report to City Council with recommended next steps. Oavid King seconded. Vote: motion carried unanimously, 7-0 by voice vote. RECESS Mayor Sandoval declared a recess at 7:40 p.m. for the purpose of a break. The meeting was reconvened at 7:50 p.m. New Business Resolution 11-009 Authorizing Community Development Block Grant Loan to Teresa Hoffman, Human Performance Academy, Inc. (DBA Port Townsend Athletic Club). Ms. Nelson expressed concerns about conditions regarding the HUD loan not being reflected in the resolution (Resolution 11-009). Mr. Timmons stated that the resolution could be amended to reflect the conditions listed on the agenda bill. Motion: George Randels moved to approve Resolution 11-009 authorizing execution of documents and disbursement of funds for a loan of Community Redevelopment Block Grant funds to Human Performance Academy, Inc. - Theresa Hoffman (Port Townsend Athletic Club) pursuant to Resolution 09-012 of the City of Port Townsend, amended to include the conditions as outlined in the green sheet (agenda bill). Mark Welch seconded. Vote: motion carried unanimously, 7-0 by voice vote. 2011 Comprehensive Plan Amendments City Council Business Meeting May 2, 2011 Page 4 of 8 Planning Manager Judy Surber reviewed the packet materials. Questions were raised about the time limit, specifically at what point would a docketed item have to be put off until the next cycle. Staff noted that once a SEPA determination has been issued it would be too late to roll an additional amendment into this process because cumulative review of all docketed items is required. It was confirmed that specific language may be amended during the process, although the docket procedures require that the original language is presented for review. Regarding Planning Commission review of the new item concerning the Parks Plan, staff stated that Planning Commission review is not required for docketing but would be included in the Planning Commission's final deliberations on the docketed items. The statement in the letter from the Port of Port Townsend that docketing the Kah Tai amendment and placing it "on hold" would increase the City's exposure to legal risk under PTMC 20.04 was discussed. Mr. Watts stated he does not believe the section is applicable in this instance. It is a purely voluntary amendment, not an amendment ordered by a court for the Growth Management Hearings Board. It was confirmed that neither the Kah Tai alternative language nor Parks Plan amendment were vetted through the Planning Commission. Mayor Sandoval opened the public comment portion of the hearing. Larry Crockett, Port of Port Townsend Executive Director noted that there was much questioning at the Planning Commission regarding the Kah Tai amendment and contends that the amendment is untimely, unnecessary and inappropriate and increases the City's exposure to legal risk. He referred to the City's control of zoning and the Port's Comprehensive Scheme. Mary McDowell supports the suggested Kah Tai amendment and staff's amended language. She added she agrees with staff's comment that the amended language encompasses the interests of all parties. She believes there is some urgency because inclusion of the language should have been flagged long ago and some memory has been lost. This has resulted in many suggested uses for Kah Tai that would be inappropriate. She urged the Council to docket and keep the issue alive. Rosemary Sikes, president of the Audubon Society, regarding Kah Tai amendment, stated it is urgent to include on tonight's docket since the next opportunity will not be until 2014. She reviewed several statistics showing that maintenance of Kah Tai as a park and refuge is a widely held community value. Carl Youngman lives near Kah Tai Park. He encouraged the Council to docket the Kah Tai amendment so that sufficient public process can take place. He noted that the Comprehensive Plan is a record of intentions for the use of our land in the City. City Council Business Meeting May 2, 2011 Page 5 of 8 Eleanor Mathews spoke in support of docketing the Kah Tai amendment. Brenda McMillan also spoke in support of docketing the Kah Tai amendment, noting many of her concerns have already been stated. Ron Sikes spoke in support of the Kah Tai amendment as it will protect the ecological features of our park. It will prevent future misunderstandings in the future about the appropriate use of the park. Marilyn Muller stated there is much support in the community for Kah Tai nature park, referring to letters to the local newspaper and a petition that has been circulating and has received 1,470 signatures from citizens of Jefferson County. She read the petition title and provided a copy for the record. John Collins, Port of Port Townsend Commissioner, stated the Port Commission strongly wants to follow the obligation to preserve resources, but does not believe the amendment is ripe for legislative action because of the pending discussion regarding the boundary issue. He believes we need to wait for the legal outcome before taking action; he would prefer a postponement during which the Port and City can confer. Thomas Cunningham spoke in favor of docketing the Kah Tai amendment and cited the great variety of wildlife there which attracts both locals and visitors. Rick Jahnke stated this has been a divisive issue for the community and has resulted from the improper maintenance of grant files and records. He noted the 1988 Comprehensive Plan did not mention the associated federal obligations. Over the last year it has again been recognized that Kah Tai is federally created and protected and the amendment is an attempt by a ciizen to include this in local planning documents. Margaret Lee stated that not all of the land that is part of Kah Tai Park was part of the park in 1985 when the grant monies were closed out. There are some properties that are City-owned that don't have this kind of protection and this amendment would provide protection for those lands. It is important to pass these amendments along to allow the citizens a full and open discussion. She added that citizens have contributed countless volunteer hours to maintaining the park for the last 30 years. Perry Spring spoke in support of docketing the Kah Tai amendment and talked about the importance of maintaining spaces where we can connect with nature. Seldon McKee spoke in support of docketing the Kah Tai amendment so it can be discussed by the community. She stated the issue should not be lost or put off so the process has to start all over again. She noted the hours spent by volunteers working on the park are representative of the public's support. Lang Russell spoke in support of docketing the Kah Tai amendment. He talked about the several levels of government involvement with the park. He hopes the amendment will further clarify to the state that the City supports designating the entire 78 acres as parks and open space. City Council Business Meeting May 2, 2011 Page 6 of 8 Peter Badame spoke in favor of docketing the Kah Tai amendment and stated that the amendment process will stimulate that discussion at the local level. Aleta Waters spoke in support of docketing the Kah Tai amendment stating it is in line with widely held community values. Julie Jaman supported docketing the Kah Tai amendment. There was no further comment and the comment period of the hearing was closed. Mr. Sepler noted this discussion is specifically centered around whether there should be a policy to memorialize many protections that are provided to the Kah Tai Park after the 6f boundary determination. It is a way of putting in a placeholder for process that will affect those properties that are subject to the protection. Staff believes this is a prudent way to proceed. Ms. Nelson stated she is interested in the idea of a dual rezone for the Beech Street property. Mr. Timmons noted this would be a reservation right to look at the rezoning some time in the future. Mr. Sepler stated that one step could be to consider dual zoning for these properties. Staff will include a statement in the report that comes before Planning Commission. Mrs. Medlicott expressed concerns that two of the items before Council have not been vetted by the Planning Commission. Ms. Surber noted that the Council is allowed to add or subtract from the docket. Council continued discussion without identifying any other issues. Motion: George Randels moved to approve taking the actions all together and to adopt the Planning Commission docket; Docket Kah Tai Lagoon Park Policy Alternative Language and place it on hold pending determination by the National Park Service regarding the 6(f)(3) boundary according to the City's regular Comprehensive Plan process; and adopt Findings of Need, Urgency, and Appropriateness as documented in the Supplemental Staff report dated April 25. David King seconded. Vote: motion carried, 6-1 by voice vote, Laurie Medlicott opposed. OLD BUSINESS - NONE PRESIDING OFFICER REPORT Mayor Sandoval remarked that the opening of the Bartlett Cotton Building was a nice event. She also noted that the City received the Mary Johnson Award for the project. CITY MANAGER REPORT There was none. City Council Business Meeting May 2, 2011 Page 7 of 8 SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND/OR STUDY SESSION There were none. COMMENTS FROM COUNCIL There were none. EXECUTIVE SESSION - NONE ADJOURN There being no further business, the meeting was adjourned at 9:49 p.m. Attest: Pamela Kolacy, MMC City Clerk City Council Business Meeting May 2, 2011 Page 8 of 8