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HomeMy WebLinkAbout10032005 . CITY OF iPORT TOWNSEND City COUNCIL MINUTES OF THE REGULAR SESSION OF OCTOBER 3,2005 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session this third day of October, 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 Frank Benskin, Kees Kolff, Geoff Masci, Laurie Medlicott, Catharine Robinson, and Michelle Sandoval. Frieda Fenn was excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, Fire Chief Mike Mingee, Police Chief Conner Daily, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA . There were no changes to the agenda PRQCLAMA TIONS Mayor Robinson read the following proclamations: Congratulations to Cindy Mangutz for winning the juried art competition for a work of art to be presented to Port Townsend's Sister City. Ms. Mangutz was present and also accepted a check form Shari Irwin of the Sister City organization. Walk Across Washington, accepted by Marian Huxtable Domestic Violence Awareness Month, accepted by Suzanne Wildman PUBLIC COMMENT (Consent and Non-Agenda Items) Frank Durbin: continued his informational talk on the computer program he designed with city financial information. Jaime Kozelisky of Kozelisky Home Services stated that a client applied for a permit three months ago and after approval, received notice that the permit was issued in error. He said this all resulted from misinformation from City officials and has a . City Council Business Meeting Page 1 October 3, 2005 . major share in the responsibility for this error, he stated he thinks a variance should be granted and the issues made clear for other applicants in the future. Staff response: Mr. Timmons stated that staff would have a written report to Council, probably within a week. Mr. Watts stated that the applicant applied for a permit to locate a manufactured home in the City but in fact the "Park Model" home does not meet the Code definition of a manufactured home. It is not a matter of the City making a mistake, but a matter of an application attempting to permit something that is not permitted under the Code. He added there is no variance process which addresses an exception or waiver of the code. Staff has been working with the applicant to see whether there is some solution. Part of the process has been to inspect the unit; the other part is a Code review to see where the manufactured housing codes are met by this model and if we can safely address whatever out of compliance construction methods have been used. Staff will continue to work with applicant to resolution as quickly as possible. CONSENT AGENDA Motion: Ms. Sandoval moved for approval of the following items on the Consent . Agenda. Mr. Koltt seconded. Motion carried unanimously, 6-0, by voice vote. Approval of Bills. Claims and Warrants Vouchers 920051 through 920059 in the amount of $94,430.20 Vouchers 922051 through 922052 in the amount of $702.34 Vouchers 95274 through 95284 in the amount of $919.77 Vouchers 95469 through 95482 in the amount of $30,881.49 Voucher 95484 in the amount of $1,200.00 Vouchers 95495 through 95609 in the amount of $398,334.37 Approval of Minutes September 12, 2005 UNFINISHED BUSINESS RESOLUTION 05-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, REGARDS STATUTORY STREET VACATION . City Council Business Meeting Page 2 October 3, 2005 . City Attorney John Watts reviewed t~e packet material. He noted that new correspondence has been received from the Non-Motorized Transportation Advisory Board requesting a second legal opirilion. Staff recommends deferring action on the issue until the administration can respond to this request. He added that adoption is not urgent at this point. City Manager Timmons stated that staff does have a second opinion in hand, but needs to review before releasing the document; at this time attorney-client privilege applies and staff does not want to compromise the City's legal position. Mr. Masci stated that since a public hearing regarding statutory street vacations is scheduled for October 10, he believes that should be postponed as well. Mr. Watts stated that the public hearing is regarding the zoning issue while the issue before Council is the method by which the vacation requests will be processed. Public comment Jolly Wahlstrom, member of the NMTAB but speaking as a private citizen, supported deferral of the action. Peter Lauritzen, also NMTAB memb~r, also supported reviewing a second legal opinion. . Joanna Loehr, has requested a statutory street vacation; believes that requiring a lawsuit is a great idea, but asked that Council also include option b (City may stipulate to release of public interest under certain conditions); she also agrees that it would be good to have a second opinion. She hopes Council will proceed with the public hearing on the statutory street vacation zoning issues as the hearing has been noticed and people are planning to attend. Mr. Timmons stated that receiving a second opinion from outside counsel is normal procedure in the case of a specialty issue. He added that he could provide information on the cost of outside legal advice to Councilors. In response to a question from Mr. Kolff, Mr. Watts explained that the matter calendared for the 10th is a publicly Cfidvertised and noticed public hearing regarding a zoning code amendment that deals with any right of way created by a statutory street vacation. The October 10 hearing was set as a result of a Council scheduling motion to address the statutory street vacation and formula store ordinances on October 10 in order to allow Council'to take action before the end of the expiration period. On October 17, the Council could, if they wish, take action on the zoning matter. . Mr. Kolff asked if there is urgency dealing with this resolution. Mr. Watts stated there is no urgency that the resolution be adopted prior to Council action on the City Council Business Meeting Page 3 October 3, 2005 . , i zoning ordinance. There is nothing in process now that could end up in adverse judgment against the City. There are about 30 requests in hand for statutory street vacations and staff wanted to let tho$e people know they would be able to appear before Council and let their wishes be known. If action on the resolution were scheduled for the 1ih, that would be it on the same track as the zoning resolution. Motion: Mr. Kolff moved to postpone action on Resolution 05-040 until October 17. Ms. Sandoval seconded. Mr. Masci stated if this issue is moved to the 1ih, the public hearing should also be moved to the 1 ih so Council can look at all information in an orderly fashion. Ms. Sandoval supported going forwqrd with the public hearing due to Council's full calendar; Council can hear public te$timony and postpone discussion and action. She objected to sidelining the public from the process. Mr. Benskin spoke against postponing again to get another opinion; he said we all have a pretty good idea of what's at stake. Ms. Sandoval stated she believes it ls a matter of giving the courtesy of letting the NMTAB review advice which is already in hand. Vote: motion failed on a 3-3 tie, Benskin, Masci and Medlicott opposed. . Motion: Mr. Benskin moved to apprQve Resolution 05-040 without the inclusion of optional additional paragraph B. Mr. Masci seconded. Mr. Benskin stated that although he appreciates the work and concern of the NMTAB, he believes they are in error in not understanding that the property we are talking about does not include publioly owned rights of way. Ms. Sandoval stated she is in favor of the complete quiet title action for all, but will not vote to approve the resolution before the NMTAB has received the information they requested as a courtesy from the Council. In answer to Mrs. Medlicott's question, Mr. Watts stated that the NMTAB was not made aware of the outside opinions iin hand; he reiterated his agreement with the determination not to release the opinion unless the attorney agrees so that we don't jeopardize the City's legal situation should we become involved in litigation. . Mr. Watts stated that the State Supreme Court has been clear that a statutory vacation does not occur based on the 1890 law alone; it may be premature to say that the property owner owns the property - they may own it subject to judicial determination. He added that this resolution does not prevent anyone from filing a lawsuit against the City at any time; It just set for the Council a position that there will be no other process but the lawsuit. . City Council Business Meeting Page 4 October 3, 2005 . Vote: motion failed on a 3-3 tie, Ko1(f, Robinson and Sandoval opposed. Motion: Mr. Masci moved to postpone action on Resolution 05-040 to October 17. Mr. Kolff seconded. Motion carried,. 4-2, Benskin and Medlicott opposed. NEW BUSINESS ORDINANCE 2910 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PORT TOWNSEND MUNICIPAL CODE SECTION 13.03.110, RELATING TO SYSTEM DEVELOPMENT CHARGE DEFERRALS City Manager David Timmons reviewed the packet material. He stated that staff has determined the current code is so restrictive it does not assist affordable housing efforts; this is demonstrated by the fact that no deferrals have occurred in at least five years. Simplified language has been developed which is consistent with other communities, providing that the deferral is interest free and runs with the land and owner up until the time of sale; if the property were purchased by another non- profit, the deferral would continue. Staff recommends adopting the language as drafted to provide better assistance for low income housing within the City limits. . Mr. Kolff asked when the accrued interest is paid. Mr. Watts answered that the City would be paid upon a deed being recorded to a new purchaser except if a non-profit were involved and transferred the property to another qualified individual. If the original owner sells to a non-qualified individual, when the deed is recorded, the City would be repaid the principal amount of the SDC deferral out of the closing costs without interest. There is no interest unless in case of a default. In reply to Mr. Benskin's question, Mr. Watts stated that new language in Exhibit A, Paragraph A makes clear that the program only applies to a 501 (c)(3) corporation that is in the business of providing low income housing; low income individuals never did qualify to apply. The City was never supposed to be in the business of making the determination as to whether an applicant met the standard for low income - that obligation and responsibility always rested with the non-profit agency. New language makes it consistent with existing paragraph C. Public comment . Mark Huth: stated that Habitat for Humanity has not been making use of this and simply has paid the SDCs from the organization and financed internally; this has taken away from Habitat's mission to erase poverty but also to provide people in a certain niche to help them own their own home. He urged the Council to adopt the ordinance and allow Habitat to make use of the deferral. The funds will still be paid back to the City without interest, whiCh Habitat hasn't been making use of this - have just paid SDCs from organization and financed internally - has taken away City Council Business Meeting Page 5 October 3, 2005 . , from our ability to perform our missidn; erase poverty but also to provide people in a certain niche - help them to own their own home. He urged council to adopt the ordinance and allow Habitat to make: use of the deferral, still will be paid back to the city, interest will not be part - that was some consideration and could be an onerous burden. To add that additional weight that interest would be building up - still a consideration as to whether to factor in to first time homeowners. And also housing authorities you mentioned. Thanks to staff particularly. Mr. Masci made remarks relating to the low income threshold, whether a no interest clause would be inconsistent with the fact we don't allow monthly payments for hookups, and whether it is fair for the City to receive no interest if the homeowner ends up making a profit on the sale of the property. Mr. Timmons stated this did come forward from staff, at the suggestion of Habitat for Humanity. The low-income threshold could be struck and eligibility could be determined according to remaining oriteria. He also noted that there could be an interest provision but it would need to be one that is simple to calculate. Motion: Mr. Kolff moved to approve first reading of Ordinance 2910 and refer it to the CD/LV Committee. Mr. Benskin seconded. Mrs. Medlicott stated she favors adopting the ordinance without Committee review so that it can be expedited to help encourage and assist affordable housing. . Mr. Kolff stated he prefers first reading so the ordinance may be more streamlined. Ms. Sandvoval stated she agrees the ordinance could be cleaned up. She also stated that in light of other issues which have consistently been referred to committee as part of the adopted process, this one should be referred also. Mr. Masci stated he agrees that it should be expedited, but should also be consistent with the process. Mr. Benskin supported the issue going to committee. He suggested they look at either removing the dollar amount per year for applicants or raising it. Vote: motion carried, 5-1, by voice vote, Medlicott opposed. HISTORIC PRESERVATION COMMITTEE REVIEW OF PORTIONS OF SHORElJINE MASTER PLAN Mr. Timmons reviewed the agenda bill, noting that the Historic Preservation Committee has requested that they provide comment to the Council on certain aspects of the Shoreline Master Plan. . City Council Business Meeting Page 6 October 3, 2005 . , Motion: Ms. Sandoval moved to tas,k HPC to provide Council comment on the draft Point Hudson and Historic Commerdlal District elements of the Shoreline Master Plan (SMP) so long as the review does not delay Council review and action on the SMP. Mr. Kolff seconded. In answer to Mr. Benskin's question, Mr. Timmons stated that he believes HPC was overlooked in the SMP process and that it would be appropriate to adopt the motion. There was brief discussion on comrrjittee roles and relationships. Vote: motion carried unanimously, 6-0, by voice vote. PROPOSED DEDICATION TO CITY - "MOUNTAIN PARK WEST" AT 13TH AND HANCOCK STREETS . Mr. Watts reviewed the agenda bill. The issue before Council is whether to refer a proposal for a passive park, which is, part of a Planned Unit Development. It is proposed to deed to the City 34,000 ,square feet to the City. Because the Park and Recreation Advisory Board is currently updating the master park plan, it is suggested they review the proposal and if they don't recommend accepting the land as a passive park, the City may need to come up with an instrument. The PUD is in final installment of filing and recordings aod has met all conditions. After the recommendation is received, the Council would decide if it is in the public interest to accept public ownership of the area. Public comment Ande Grahn, planner representing the PUD applicant; stated this dedication would mitigate the height and bulk of the development by leaving the healthy trees as a passive park. Motion: Mr. Benskin moved to refer to the Park and Recreation Advisory Board the issue of whether the City should acc(3pt the proposed dedication of approximately 34,000 square feet for park purposes in connection with the "Mountain View" development. Mrs. Medlicott seconded. Motion carried unanimously, 6-0, by voice vote. ORDINANCE 2911 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE, SECTION 17.88.030 - NONCONFORMING STRUCTURES, TO ADD AN EXCEPTION FOR THE REPLACEMENT OR REPAIR OF PREVIOUSLY EXISTING NONCONFORMING EMERGENCY TOWERS . Mr. Timmons reviewed the packet material. He stated there are conflicting provisions in the municipal code regCiirding replacement versus construction of City Council Business Meeting Page 7 October 3, 2005 . communications towers. The antici~ated Morgan Hill tower has several issues still to be resolved and in the meantime, 'there is a risk factor associated with having no emergency tower to back up the 911 system. This gap in the communications system could be crucial. He added this is an emergency tower and will not be available for private use. Public comment: Robert Hamlin, Program Manager for Jeffco Emergency Management, spoke in support of the resolution, stating the ~ire tower is a major factor in emergency infrastructure. He added that the Morgan Hill site is controlled by a telephone line which is not a very survivable system. Fire Chief Mike Mingee added his sUlPport, saying also that the proposed tower does not have guidewires like the old tow~r, but a foundation with rebar. I i I Donna Hamlin, Director of Jeffco 911 spoke in favor of adoption, emphasizing the need for backup communications. . Motion: Mr. Masci moved to waive Council rules for first reading, and adopt Ordinance 2911, authorize the City Manager to proceed with purchase of the fire hall antenna, and refer to the General Government Committee and CD/LU committees, the issue of the 50 foot tower limitation in the municipal code, and to work with the Planning Commission, which is task~d with review of the regulation. Mrs. Medlicott seconded. Mr. Timmons noted that the fire station antenna would be vested under this interim ordinance. Mr. Watts stated there may be a public hearing on this ordinance, but if it goes into effect it will technically be an interim ordinance. The final ordinance would go through the Committee process and may include this provision as well as others. The ordinance presented tonight has a very limited effect, which is to allow permitting of a tower at the fire statioh; if adopted, it would allow the permitting process to go forward. A public hearing will be moot because the application affected would already be vested. He added this would not permit a vested application for the Morgan Hill tower ~ince that is not a replacement situation. Vote: the motion carried unanimously, 6-0, by voice vote. RESOLUTION 05-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, IMPLEMENTING THE JEFFERSON COUNTY - CITY OF PORT TOWNSEND EMERGENCY MANAGEMENT PLAN . City Council Business Meeting Page 8 October 3, 2005 . i Mr. Timmons noted this would put ini place an interim plan; he added that not all of the plan may be made public since it would be possible for terrorists to use the information. Public comment: Bob Hamlin, Program Manager for Emergency Management for Jefferson County stated it is very important to respond as a community in a time of disaster. The plan brings us into compliance with state law and also allows eligibility for receipt of federal assistance over time. He s$id it is written specifically for Jefferson County and the City of Port Townsend and has been two years in the making. Fire Chief Mike Mingee complimented Mr. Hamlin for his work and endorsed adoption of the Plan. David Goldman: suggested that some summary of the Plan be made public so there is an idea among the public what the plan is. He added that first response will be by the public and they must be prepared. Mr. Timmons noted there is a summi:lry available for the public; the document to be adopted is a working document for responders. He added that forums are being planned for the public, with the first scheduled October 18 at the Pope Marine Building. . Motion: Mrs. Medlicott moved for approval of Resolution 05-041, adopting the plan on an interim basis and referring to the General Government Committee. Ms. Sandoval seconded Ms. Sandoval stated public education is extremely important; maybe there should be some sort of joint regional group to create knowledge about how to deal with emergencies. Mr. Kolff asked for confirmation that the motion was to adopt on an interim basis, with the plan to come back to the Council. Mrs. Medlicott confirmed. Motion to amend: Mr. Benskin moved to remove the reference to "interim" in the motion. Mr. Masci seconded. Ms. Sandoval stated that she is not opposed to moving forward, but part of the process is keeping the public informed and there may be more opportunity for input at the Committee level. Ms. Robinson stated that if the Committee has changes to recommend, the plan would come back whether adoption is interim or not. . Mr. Masci stated that emergencies sometimes require moving away from process. City Council Business Meeting Page 9 October 3, 2005 . Vote on amendment: amendment failed, 2-4, Benskin and Masci in favor. Amendment: Mr. Watts suggested a rewording of the motion: to adopt Resolution 05-041 and add "on an interim basis" to the title; also add in the "Now Therefore" section to say "effective immediately upon an interim basis pending final review and action by the Council after General Government Committee review. Consensus among the Council was to adopt the wording for the main motion. Vote: motion carried unanimously, (3-0, by voice vote. Motion: Mr. Masci moved that Mrs. Medlicott be appointed Council representative to JPREP. Mr. Benskin seconded. Mr. Kolff stated he would like more information about JPREP. Ms. Robinson agreed, stating she has no objection to having a Council representative and to having that representative be Mrs. Medlicott, but she would prefer some background and a request from the group for a Council representative. Motion withdrawn. . Mrs. Medlicott will provide information for the next meeting. PRESIDING OFFICER'S REPORT Mayor Robinson noted that Mr. Kolff' has resigned from the Developmental Disabilities Advisory Board. Mr. Masci volunteered to take on the assignment. Mayor Robinson asked the Council to refer the workplan and product of the Affordable Housing Task Force to Committee for a recommendation on the status of the group. She said that other orga~izations in the community are addressing the issue and some comments from committee members have indicated the task force is not accomplishing what they had hoped. Motion: Mr. Kolff moved to refer the Affordable Housing Task Force work plan and product to the CD/LU Committee. Ms. Sandoval seconded. Motion carried unanimously, 6-0, by voice vote. CITY MANGER'S REPORT UPPER SIMS WA Y/HOWARD STREET TRANSPORTATION IMPROVEMENT PROJECT . City Council Business Meeting Page 10 October 3, 2005 . i Mr. Timmons stated that the draft re~ort from W&H Pacific regarding recommendations for improvements ito Upper Sims Way and Howard Street would be distributed to the Council. In the meantime, staff suggests referring the report to the Transportation Committee for initial review and recommendation. Public comment None Motion: Mr. Kolff moved to refer the draft report regarding recommendations for improvements to Upper Sims Way and Howard Street to the Transportation Committee. Ms. Sandoval seconded. The motion carried unanimously, 6-0, by voice vote. Mr. Timmons stated that because a candidate forum is scheduled for October 13, the Council moved the budget workshop to Wednesday, October 12. There were no objections. EXECUTIVE SESSION At 9:15 p.m., Mayor Robinson stated the Council would go into Executive Session for about 20 minutes to discuss matters regarding potential litigation and personnel. No action will be taken following the session. . RECONVENE The meeting was reconvened at 9:35 p.m. ADJOURN There being no further business, the meeting was adjourned at 9:36 p.m. Attest: Cln~~ Pam Kolacy, CMC City Clerk . City Council Business Meeting Page 11 October 3, 2005