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HomeMy WebLinkAbout05022005 . . . CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF MAY 2, 2005 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session this second day of May, 2005, at 6:30 p.m. in the Port Townsend temporary Council Chambers in the Cedar Room of the Waterman & Katz Building, Mayor Catharine Robinson presiding. ROLL CALL Council members present at roll call were Freida Fenn, Kees Koltt, Geott Masci, Laurie Medlicott, Catharine Robinson, and Michelle Sandoval. Mr. Benskin was excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, City Engineer Dave Peterson, Long Range Planning Director Jeff Randall, Water Operations Manager Bob LaCroix, and City Clerk Pam Kolacy CHANGES TO THE AGENDA PROCLAMATIONS Mayor Robinson read the following proclamations: Peace Officers' Memorial Day (accepted by Acting Chief Conner Daily) Boiler Room (accepted by Marc Weinblatt) CHANGES TO THE AGENDA Ms. Sandoval requested that Item C (Resolution 05-017) be pulled from the consent agenda. The item was added under New Business. PUBLIC COMMENT (consent and non-consent items) James Fritz expressed appreciation to Mrs. Smith for her flowers along Sims Way. Cory Ench in support of the Boiler Room Julia Cochrane in support of the Boiler Room CONSENT AGENDA Motion: Mr. Kolff moved for adoption of the following items on the Consent Agenda. Mr. Masci seconded. The motion carried unanimously, 6-0, by voice vote. Approval of the following Bills. Claims and Warrants City Council Business Meeting Page 1 May 2, 2005 . . . Vouchers 93728 through 93901 in the amount of $266,875.15 Vouchers 420051 through 420058 in the amount of $74,435.07 Approval of Minutes: April 11, 2005 Approval of Action: Referral of Formula Store Development Regulations to the Planning Commission with direction to return a recommendation to the City Council within 180 days. UNFINISHED BUSINESS ORDINANCE 2894 An Ordinance of the City of Port Townsend Amending the Port Townsend Municipal Code Chapter 10.04 Parking to Add Section 10.04.220 Paid Parking Utilizing Parking Passes City Engineer Dave Peterson reviewed the agenda bill, noting that the Council's direction from the April 18 meeting (where first reading was passed) regarding changing the potential fine from up to $1,000 to up to $250 has been incorporated into the ordinance. Motion: Mr. Masci moved for adoption of Ordinance 2894. Mrs. Medlicott seconded. Motion to amend: Mr. Kolff proposed to insert "or other licensed businesses" after "made available for purchase by merchants" in Section 1 (4). The amendment was accepted by the Council. Vote on motion to adopt ordinance as amended: motion carried unanimously, 6-0, by roll call vote. NEW BUSINESS WATER RESOURCE INVENTORY AREA (WRIA) 17 UPDATE Public Works Director Ken Clow reviewed the packet materials. Councilor Kolff added comments from his perspective as the Council's WRIA representative. He stated that the group has only recently been asked to look at ponds and lakes and, by implication, wetlands. He noted this is a very complicated issue, and that there is much data missing. He added that if the steering committee cannot come to a conclusion, the DOE would be setting reserves and guidelines. Bob LaCroix, Water Operations Manager, stated that putting a blanket closure on lakes and ponds in town would have the effect of prohibiting new private wells - he added the private wells are a good water conservation tool in August and City Council Business Meeting Page 2 May 2, 2005 . . . September. He explained these are some of the reasons the representatives would like a little room to negotiate with DOE. Mr. Masci asked if this would preclude the ability to convert Peterson or Lake Leland to reservoirs. Mr. LaCroix stated it would. He added that the DOE hasn't decided how to treat different kinds of lakes. Ms. Sandoval asked if the 350 gal/day reserve is solely for new development; Mr. LaCroix stated that all senior water rights remain the same including approximately twelve wells in the city which are exempt household wells and can use up to 5,000 gals/day as long as it is put to good use. Mr. LaCroix stated that commercial and municipal users have been left out of the entire process. Public comment: Dana Roberts: speaking as a PUD Commissioner and City resident: stated that rules should be set out naming specific lakes and ponds, just as specific streams have been named. He added that regional cooperation is the best way to survive in the upcoming difficult times. He stated that the pending rules will only affect future wells and that may mean the last best opportunity for small scale regional agriculture will lie within the City. He stated the PUD will work as best they can to back the City's view that keeping the service area exempt from the rule is a needed part of City operations. Mr. Kolff stated, in regard to a memo received from Paula Mackrow, that the current suggested action does not mean we will ignore the condition of wetlands, lakes and ponds, but will continue to work with DOE under certain specified conditions and at the same time will continue to address protection and assessment of water quantity issues. He believes the recommended action is consistent with continuing to address City needs. Motion: Mr. Kolff moved to give policy direction to the City's WRIA 17 Planning Unit representatives authorizing them to negotiate a compromise position with DOE and other Planning Unit members that would protect the lakes and ponds in and near the City without totally closing the ground water aquifers. Ms. Sandoval seconded. Ms. Fenn stated that Northwesterners take water for granted and she can only support well drilling in Port Townsend for emergency purposes (not for example, for golf course watering); she stated her wish that the City had done more to promote water conservation within the City. She said she could only support the motion if wording is added that goes in the direction of emergency backup and education for the public. Mr. Masci stated he would rather use a well for golf course irrigation than expend funds for a secondary treatment center. He stated he disagrees with the position City Council Business Meeting Page 3 May 2,2005 . . . the City is taking in limiting well development in the Chimacum Creek Basin and believes that storage is a critical issue; having DOE have so much control over the lakes will impact the amount of money the City must spend on water storage. He added that these issues are too complex and he will abstain from voting on the issue. Ms. Sandoval stated that none of the decisions made by lawmakers now seem to be integrated and that the decisions made about water must be integrated with other planning decisions. She added that this is all very theoretical but is concerned that water issues will have tremendous consequences down the road; she stated she hopes that staff and representatives come to a good negotiation conclusion. She agreed with Mr. Masci that given the unusual situation with the City's water supply, conversation doesn't always help with our particular problems; she believes that some day the 5,OOO-gallon limit will be questioned. In response to a question from Ms. Sandoval regarding the PUD's resolution of its forest service permit, Dana Roberts stated that the actual cause for reduction was that the Forest Service had never applied as a public provider and did not have municipal status. Motion to amend: Ms. Fenn moved to add "for emergency municipal water use. " at the end of the sentence. Ms. Sandoval seconded. Ms. Sandoval noted that irrigation for small agriculture would not qualify as an emergency. Mr. Kolff stated although he agrees with much that Mr. Fenn said, he has concerns about limiting use of ground water to emergency municipal use until we have entered into negotiations with DOE. He said he doesn't think there is enough data to know whether it should be completely closed to use and is more comfortable not adding the emergency clause but leaving in the intent to protect lakes and ponds. He is not comfortable that there would be only one way to tap the water. Vote on amendment: motion failed, 1-5, Fenn in favor. Vote on original motion: motion carried, 4-2, Fenn and Masci opposed. RECESS Mayor Robinson declared a recess at 7:47 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 7:57 p.m. GARRISONIFLINT LAWSUIT - PROPOSED SETTLEMENT City Council Business Meeting Page 4 May 2, 2005 . . . Mayor Robinson reiterated her statement of disclosure as an employee of Jumping Mouse Children's Center, noting that the Jumping Mouse Board of Directors has accepted Mr. Garrison's offer of funding to Jumping Mouse from the proceeds of the sale of property which is affected by the settlement under discussion. Mrs. Medlicott stated she would recuse herself from the proceedings, citing appearance of fairness issues. Mr. Watts reviewed the written packet material, and passed out a map showing the subject property. In regard to paving the roads in the area, Mr. Clow noted that the City may not have the ability to pave if we don't control the right of way; it becomes a private as opposed to a public issue then. Mr. Watts referred to a letter from a citizen regarding whether or not Ms. Sandoval should be allowed to participate in the discussion because she owns a real estate office. He stated that he has reviewed the situation with MRSC and they agree that since there is no direct financial benefit from the legislative action, there is no conflict of interest. A noted municipal law expert, Steven DiJulio, was also consulted and was in agreement. He added that in this case, Mrs. Medlicott would not be required to recuse herself; however she has chosen to do so voluntarily. Ms. Sandoval stated although she owns Windemere real estate, she has no personal interest in the properties; she will follow the City Attorney's advice in this matter. Mr. Masci stated he still believes Ms. Sandoval should recuse herself from the proceedings. Public comment: Owen Fairbank: member of Non-Motorized Transportation Advisory Board, but speaking personally, expressed concern about setting a precedent for future rights of way issues; stated that sometimes old laws should be changed; favors proscriptive easements for roads and other public access which have been used for many years. Joanna Loehr: City should impose conditions on the building permit to protect other property owners. Written statement submitted. Thomas Loehr: submitted a written statement regarding his adjacent property. Peter Lauritzen: member of the Non-Motorized Transportation Advisory Board, but speaking as a citizen. Noted concern about setting precedents; stated land on which roads and utilities exist should be vacated with only easements given. Joshua Bennun: state City should fight lawsuit. City Council Business Meeting Page 5 May 2, 2005 . Ian Owens: does not believe in taking public land for private use, supports preservation of trees and noted that if vacations are granted they should be for the benefit of all, not the profit of a few. Jan Hopfenbeck: spoke in favor of directing City Attorney to facilitate negotiation. John McDonagh: believes City Engineering Standards require private roads to be built to public standards. Cynthia Knutson: agrees with previous speakers, would like trees preserved. Mr. Watts stated that all these concerns could be considered during negotiations. He added that potential conflicting requests for portions of the right of way could be negotiated out or separately litigated. He said that all the City is doing if it releases its public interest is just that and not adjudicating any conflicting claims by private owners. Mr. Timmons noted that both Ms. Hopfenbeck and Mr. McDonagh are employees in the City's Development Services Department and said that internal procedures are in place to assure there is adequate separation and an independent review of the regulatory aspects of the property development. . Ms. Robinson noted her areas of concern: setbacks should be from the existing property line, not the newly created line which results from street vacation; maintaining access to individual properties; ability to look at each vacation individually rather than in a broad sweep which doesn't respond to a particular scenario. In answer to Ms. Sandoval's question, Mr. Watts stated that the development regulation passed last week is independent of whether or not these rights of way are vacated. If a vacation occurs, it would be subject to any existing rules and regulations, including those adopted last week. He stated Garrison & Flint have filed applications for single family home building permits on four of the existing lots; they have sought to file and become vested with regulations in effect at the time of those filings prior to the date of the zoning ordinance passed last week. If there is no direction from the Council to move negotiations forward, then the City would have to review those applications to see if they conform to the rules and regulations in effect when the application was received, and if so they would go forward with development or would need revisions to come into conformance with the City code. He stated that permits have been taken in but a determination must be made as to whether they are substantially complete in order to be vested. . Ms. Sandoval asked if Mr. Watts thought pursuing a negotiated settlement with Flint/Garrison would set a precedent for the other statutory vacations. Mr. Watts replied no, because litigants settle cases for a variety of reasons; settlements are not of precedential value and cases would be determined by law and fact pattern, not by past conduct of the litigants or the City. City Council Business Meeting Page 6 May 2. 2005 . . . Mr. Masci asked how much a challenge of the 1890 law might cost the city. Mr. Watts stated it would go to Superior Court and could cost between $5,000 and $15,000 or more. He added there could be no trial involved, if it is strictly a legal Issue. Motion: Mr. Masci moved to approve the settlement in concept, and direct staff to prepare settlement documents that contain detailed terms of the settlement for final approval by Garrison/Flint and then Council (with an opportunity for the neighbors to comment on the settlement documents). Motion died for lack of a second. Ms. Fenn asked if there is an advantage to making a decision tonight. Mr. Timmons noted that the sooner a decision can be made, the better off the City and neighbors will be. Motion: Mr. Kolff moved to approve settlement in this case in concept with specific changes that have been mentioned by the neighbors and by staff including not allowing statutory vacation where there are existing deeded and paved city streets, specifically the intersection of Tyler and Root Streets, and requiring at least a 10 foot setback from the previously platted lot line along all easements including driveway and trail easements. Ms. Robinson seconded. Amendment: Ms. Fenn moved to amend the motion by adding that a tree preservation plan for the madronas and firs be adopted and that it should be explicit that adjacent property owners will have to rededicate streets to the city. Amendment accepted by the Council. Amendment: Ms. Robinson moved to amend the motion by stipulating that the settlement does not take away access of anyone to their property. Amendment accepted by the Council. Amendment. Ms. Sandoval moved to add that Taylor be developed according to City standards. Amendment accepted by the Council. Mr. Clow stated this was probably a 16' paved asphalt standard. Amendment: Mr. Kolff moved to restrict the new lots to be consistent with the original driveway plan (driveways that serve the lots access within Root Street right of way.) Amendment accepted by Council. Vote on main motion as amended: motion carried unanimously, 5-0, by voice vote (Medlicott recused). RESOLUTION 05-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE INTERAGENCY COMMITTEE FOR OUTDOOR City Council Business Meeting Page 7 May 2, 2005 . . . RECREATION FOR REIMBURSEMENT OF COSTS ASSOCIATED WITH THE CREATION OF AN URBAN WILDLIFE CORRIDOR ON A PORTION OF THE LEVINSKI PROPERTY IN NORTHWEST PORT TOWNSEND City Manager Timmons reviewed the packet materials. Funds from lAC may be applied to the Levinski property as well as the Winona Wetlands parcels, if the City agrees to a deed of right for conservation purposes on the property. Half of the acquisition cost and associated administrative costs may be reimbursed and the $38,000 will be returned to the Stormwater Fund that funded original acquisition of the entire site. Mr. Masci asked if there may still be some of the property suitable for surplus. Mr. Timmons replied in the affirmative. Motion: Ms. Fenn moved for approval of Resolution 05-018. Mr. Masci seconded. The motion carried unanimously, 6-0, by voice vote. RESOLUTION 05-017 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING EXECUTION OF DOCUMENTS AND DISBURSEMENT FUNDS FOR A LOAN OF COMMUNITY REDEVELOPMENT BLOCK GRANT FUNDS PURSUANT TO RESOLUTION NO. 88-58 OF THE CITY OF PORT TOWNSEND Mr. Timmons noted, in reply to Ms. Sandoval's question, that the process has been changed so that liens may be activated if the block grant is not repaid. Motion: Mr. Kolff moved for adoption of Resolution 05-017. Mr. Masci seconded. The motion carried unanimously, 6-0, by voice vote. PRESIDING OFFICER'S REPORT Appointment to Non-Motorized Transportation Advisory Board Motion: Ms. Fenn moved to accept the Mayor's recommendation and confirm the reappointment of E. David Thielk to the Non-Motorized Transportation Advisory Board (position 1, term expires May 1, 2008.) Mr. Kolff seconded. The motion carried unanimously, 6-0, by voice vote. Appointment of Representative to the Metropolitan Park District Committee Motion: Mr. Kolff moved to accept the Mayor's recommendation and confirm the appointment of Michelle Sandoval to the Metropolitan Parks District Committee; and to also designate Mr. Masci as a representative to the Committee. Ms. Fenn seconded. The motion carried unanimously, 6-0, by voice vote. City Council Business Meeting Page 8 May 2, 2005 . . . CITY MANAGER'S REPORT Mr. Timmons noted a design charrette was held for the Fountain District on April 27; a design charrette for Upper Sims Way has been scheduled for Thursday, May 12. The Council workshop on June 13 has been reserved for discussion of the results of the charrettes. He updated the Council on discussion with the Fire Districts; amendment to the contract with District #6 is scheduled for the May 16 Council meeting. Mr. Timmons stated a major change order on the restoration of City Hall has been received due to the discovered water damage to the brick wall on the Water Street side of the building. The work is still within the allowance made for change orders. STANDING COMMITTEE REPORTS Joint Growth Management Steering Committee: Ms. Fenn noted that the Committee recommends a Council workshop for updates on the Countywide Planning Policies. Ms. Sandoval noted that the Council needs to discuss the public infrastructure fund; the County will bond the entire twelve-year income and pick priorities soon. FUTURE AGENDAS, SCHEDULES Mr. Masci suggested the Council send Commissioner Sullivan a get-well card. ADJOURN There being no further business, the meeting was adjourned at 10:13 p.m. Attest: ~ :-l / -A LÆ . Vtbrn "---P\' ~-~O Pam Kolacy, CMC City Clerk City Council Business Meeting Page 9 May 2, 2005