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HomeMy WebLinkAbout010509CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF JANUARY 5, 2009 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session the fifth day of January, 2009, at 6:30 p.m. in the Port Townsend City Council Chambers of City Hall, Mayor Michelle Sandoval presiding. ROLL CALL Council members present at roll call were Brent Butler, David King, Michelle Sandoval, George Randels, Catharine Robinson, Laurie Medlicott and Mark Welch. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, Planning Director Rick Sepler, Police Chief Conner Daily, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Mr. Butler asked to schedule discussion of a memo he distributed at the beginning of the meeting regarding affordable housing issues. Ms. Sandoval stated the discussion could come later in the meeting under "future agendas" or "Council member comments". COMMENTS FROM THE PUBLIC (consent and non-agenda items! Paul Richmond asked the Council to oppose the presence of the Border Patrol in our area and asked them to look at long term solutions for affordable housing. Pete von Christierson, representing Homeward Bound, referred to Mr. Butler's memo and asked the City to review options for asking developers to partner with non-profit organizations to provide affordable housing. Susan Langlois spoke regarding critical areas regulations. She provided a map for the council showing properties in the Kate's Meadow area. CONSENT AGENDA Mr. Randels noted a typo in the minutes of December 8 (Council met in Council Chambers, not third floor conference room). City Council Business Meeting Page 1 January 5, 2009 Ms. Robinson moved for adoption of the following items on the consent agenda with correction to the December 8 minutes. Mr Randels seconded. The motion carried unanimously, 7-0, by voice vote. Approval of Bills, Claims and Warrants Vouchers 106543 through 106667 (plus EFTs) in the amount of $504, 232.06 Vouchers 106669 through 106758 in the amount of $288, 592.53 Approval of Minutes: December 1, 2008 December 8, 2008 -Special Meeting December 8, 2008 -Workshop Resolution 09-001, Initiating a Street Vacation Process (concerning a portion of Haines Street near Discovery Road) and Fixing the Time for Hearing on a Sfreet Vacation (February 2, 2009). UNFINISHED BUSINESS PURCHASE OF KOSEC FUNERAL HOME -POLICE STATION RE-LOCATION; AUTHORIZATION FOR WATER TRANSMISSION TAP Mr. Timmons reviewed the packet materials. He noted that there is an opportunity to apply for funding to the US Department of Agriculture and staff needs authorization to put the paperwork together. Regarding the water tap, the purpose would be for a hydrant only. Public Comment: David Goldman asked why funding for this project would come from the Department of Agriculture. Mr. Timmons explained that USDA funds are available only to rural areas and that is why Port Townsend is eligible. Ms. Robinson stated she is not comfortable taking an action that links the purchase agreement with the water tap authorization. Ms. Sandoval agreed, noting authorization of a water tap outside the service area would set a precedent. Ms. Sandoval stated she has received questions from citizens and asked Mr. Timmons to review alternative locations for the Police facility. Mr. Timmons replied that various sites have been studied, including Mountain View, and the Kosec site has emerged as the most cost effective and accessible location. Police Chief Daily added that moving the station out of the downtown area will assure better access City Council Business Meeting Page 2 January 5, 2009 during events that tie up downtown streets. He also added that the call volume is increasing on Upper Sims and neighborhoods that are nearby the Kosec site. In response to Mr. Butler, Mr. Timmons stated that neither the potential third floor of Historic City Hall nor the Post Office Building have ever been considered for a Police station. Staff will make the police facility study and the updated appraisal of the post office available. Motion: Mr King moved to authorize the City Manager to arrange necessary financing and to execute a purchase and sale agreement for the purchase of Kosec Funeral Nome for not to exceed $1,250,000 including authorization for Kosec to tap the transmission tine for fire service, subject to Council approval of financing. Mrs. Medlicott seconded. Motion to amend: Ms. Robinson moved to strike the reference in the main motion to tapping the transmission line. Motion to amend was accepted by consensus. Vote: (authorize the City Manager to arrange necessary financing and to execute a purchase and sale agreement for the purchase of Kosec Funeral Home for not to exceed $1,250,000 subject to Council approval of financing.) Motion carried unanimously, 7-0, by voice vote. Motion: Mr Randels moved to authorize the City Manager to meet with the applicant and other parties as necessary to consider a recommendation to the Council for tapping the transmission pipeline for fire service for the new Kosec facility. Mr. Welch seconded. Ms. Robinson stated that she is not sure she wishes staff to talk with the owners prior to some Council process on the issue of water taps outside the City's service area. Ms. Sandoval agreed, saying she would rather slow down and formulate a policy to be used for all such requests. Mrs. Medlicott stated the business owner will need fire flow to operate the business; she is reluctant to completely stop consideration of the water tap. Ms. Sandoval noted that there are alternatives for business owners, such as sprinkler systems within the building. Mr. Timmons suggested delaying action until staff has more information to present to the Council. Mr. Randels stated he would suggest tabling the motion until staff can bring forward further information. There were no objections. Motion was tabled. City Council Business Meeting Page 3 January 5, 2009 ORDINANCE 2998 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PORT TOWNSEND MUNICIPAL CODE CHAPTER 2.32, AND SECTION 2.32.020 RELATING TO PLANNING COMMISSION MEMBERSHIP AND TERMS OF OFFICE Planning Director Rick Sepler reviewed the packet materials. In response to Mr. King, he noted there are currently six seated Planning Commission members. Public comment: David Goldman: regarding relationship of Granicus system and reduction in number of Planning Commissioners. Mr. Timmons noted that there will be voting stations and set up for seven members after the system is installed as well as standardization of agendas and minutes; it is easier to standardize-with the same number of members in each body (Council and Planning Commission). Motion to amend: Mr. Randels moved to amend the language in 2.32.020 Membership as proposed by replacing "The committee" with The Planning Commission" and by removing the words "not less than" before "seven" so the sentence would read: "The Planning Commission shall consist of seven members. " Mrs. Medlicott seconded. Vote: the motion carried unanimously, 7-0, by voice vote. Motion: Mr. Randels moved to waive Council rules and adopt Ordinance 2998 as amended. Mrs. Medlicott seconded. Vote: motion carried unanimously, 7-0, by roll call vote. ORDINANCE 2999 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PORT TOWNSEND MUNICIPAL CODE CHAPTER 19.05, AND SECTIONS .040, .050, AND .170 RELATING TO CRITICAL AREA APPEALS City Attorney John Watts reviewed the packet materials. The ordinance changes an existing appeal to the City Council (on whether critical areas are present or not) to an appeal to the Hearing Examiner. The change also consolidates any appeal by third parties on the issue of presence of wetlands with an appeal of the project. This removes potential multiple appeals (one to City Council on the presence of critical areas, and another to the Hearing Examiner on the project permit). The owner would still have an intermediate appeal on the issue. Public comment: David Goldman stated he believes the example provided in the agenda bill is factually incorrect. He suggested an amendment to 19.05.040 (E) (1), in the ninth City Council Business Meeting Page 4 January 5, 20Q9 line, add the words "or its buffer" after "area" so the phrase reads "that a site is, or is not, within a critical area or its buffer," to provide internal consistency. In response to a question from Ms. Robinson, Mr. Watts replied that there is a different process for appeals by property owners and by third parties. Letting third parties have more than one appeal is contrary to the Growth Management Act, which allows only one open record appeal per project. An intermediate appeal of the decision is available to the property owner and does not violate GMA (and saves the owner the cost of CAO permitting and special studies if the owner successfully appeals a requirement to obtain a CAO permit). Mr. Watts stated he would rather not amend the ordinance per Mr. Goldman "on the fly" but wait for a more reasoned answer when the ordinance comes forward for second reading. In response to Mr. Welch's question, Mr. Watts stated that the buffer is considered a component of a critical area. Motion: Mr Butler moved for first reading of Ordinance 2999. Mr Randels seconded. The motion carried, unanimously, 7-0, by voice vote. PRESIDING OFFICER'S REPORT PLANNING COMMISSION APPOINTMENT Motion: Mrs. Medlicott moved to accept the Mayor's recommendation and confirm the reappointment of Kristen Nelson to the Planning Commission (Position #4, term expires Dec. 31, 2011). Mr Randels seconded. The motion carried unanimously, 7-0, by voice vote. Mayor Sandoval also acknowledged the loss to the community of Dr. Bill Medlicott and offered condolences to Councilor Laurie Medlicott. She reminded the Council of the joint meeting with the Board of County Commissioners scheduled for January 12 and the Council retreat scheduled for January 24. CITY MANAGER'S REPORT City Manager Timmons reported on: Washington State Ferries: meetings are beginning on options for the future. The city will be scheduling a meeting with the ferry partnership group and then reporting to the Council. City Council Business Meeting Page 5 January 5, 2009 The City is high on the list for economic stimulus funding from the Department of Transportation for the Upper Sims project; there is potential to add the stretch from Sheridan to the ferry terminal. Regarding the Tidal Clock, the City is recommending partial de-accession; the Arts Commission will hold a hearing on the subject and the proceedings and process should begin within 30-45 days. Mr. Timmons complimented the Public Works crew members on their excellent performance during the recent winter storms. Council members also expressed their appreciation. SUGGESTIONS FOR NEXT OR FUTURE AGENDAS Mr. Butler referred to his memo dated January 2, 2009 regarding Affordable Housing Opportunities. Mrs. Medlicott asked that the discussion be postponed until a future meeting or retreat when Councilors have had time to read the memo. Ms. Sandoval suggested that this specific recommendation should be routed through the Housing Action Plan Network so that the proper protocol is followed. She added that the memo and process can also be discussed at the retreat. EXECUTIVE SESSION The Mayor announced the Council would go into executive session at 8:25 p.m. to discuss a personnel matter involving an employee performance review. She stated the session would be about 15 minutes, with no action anticipated at the end of the session. Mrs. Medlicott was excused from the session. RECONVENE The meeting was reconvened at 8:45 p.m. ADJOURN There being no further business, the meeting was adjourned at 8:46 p.m. Attest: ~~~ ~G~ Pamela Kolacy, MMC City Clerk City Council Business Meeting Page 6 January 5, 2009