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HomeMy WebLinkAbout09151997 . . . PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF SEPTEMBER 15, 1997 The City Council of the City of Port Townsend met in regular session this 15th day of September, 1997, at 6:30 p.m. in the Port Townsend Community Center, Mayor Julie McCulloch presiding. ROLL CALL Councilmembers present at Roll Call were Diane Perry-Thompson, Ted Shoulberg, Ian Keith, Kathryn Jenks, Jean Camfield and Mark Welch. Bill Davidson was excused. Also present were City Clerk Pam Kolacy, City Administrator Michael Hildt, Police Chief Jim Newton, BCD Director Bruce Freeland, City Attorney Timothy McMahan, Director of Public Works Bob Wheeler, Fire Chief Howard Scott, Library Director Linnea Patrick, Finance Director Michael Legarsky and Sheila Avis, Minute Taker. INTRODUCTIONS and/or RECOGNITIONS Mayor McCulloch read a Proclamation proclaiming September 12, 1997, as Jefferson County United Good Neighbor Day PRIORITY PRESENTATION There was none. AGENDA CHANGES OR ADDITIONS There were no agenda changes. Executive Session was called for the end of the meeting. CONSENT AGENDA Councilmember Perry-Thompson made a motion to approve the following items on the Consent Agenda which was seconded by Councilmember Keith and passed unanimously by voice vote. Approval of the followin2 Bills and Claims: 010 094 110 120 130 150 180 Current Expense Garbage Street Library Park I Iotel/Motel Transient Tax Capital Improvement $ 93,489.41 44,616.64 401,630.18 3,192.91 7,826.83 15,350.00 676.77 City Council Minutes Page 1 September 15, 1997 . . . 411 412 500 610 Water-Sewer Storm and Surface Water Equipment Rental Firemen's Pension and Relief 140,727.21 7,146.02 82,735.69 800.33 Total $ 798,191.99 Approval of Resolutions: RESOLUTION NO. 97-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH PRIMO CONSTRUCTION COMPANY, INe. FOR THE CONSTRUCTION OF SIDEW ALK AND INTERSECTION IMPROVEMENTS AT WATER AND TAYLOR STREETS. RESOLUTION NO. 97-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH BJI INe. FOR CONSTRUCTION OF THE BASKETBALL COURT AT THE PORT TOWNSEND BUSINESS PARK. Approval of Appointments: R. Chris Johns, Library Board. Term expires August 31, 2001 Pro2ress Payment No 3, San Juan Avenue Roadway Improvements Pro2ress Payment No 2, Tri-Area Well Up~rade - Phase II Approval Without Reading of Minutes as Amended from: September 3, 1997 Study Session Communications: Date Author 8/24/97 Valerie Brewster Undated Connie & Yvonne Childs Undated W. C. Harvey 9/2/97 T. Martin, BCD Topic and Proposed Action For information Leash Law - to Public Safety Committee Leash Law (cartoon) - to Public Safety Committee Building Permit & Land Use Permit Status Reports - for info City Council lv1inutes Page 2 September 15, 1997 . . . 9/2/97 Public restroom comments, Thanks to Officer Kaare - for information J. & M. Fortin 9/3/97 Foresight Technology & reply Citizen Discussion Group - for infonnation 9/3/97 Sheri Stuart, Main Street Interest in House Bill 1782 to the community - for info 9/7/97 Highway widening - to Transportation Committee Mark Stevenson 9/8/97 Stonnwater runoff concerns - to Staff (Public Works, City Attorney) Irene Alleger 9/8/97 Historic Preservation Committee Review ofland use changes by HPC - for infonnation 9/9/97 K. Jenks Memo re "policies and procedures" committee - for info 9/10/97 Use of public parking at Walnut bluff - to Transportation Committee P. R. Angell PUBLIC COMMENTS Mr. Brent Shirley, former Mayor Spoke against Waterman-Katz project. He stated his belief that the public thinks this is a bad project, and that they are more comfortable talking with him than with council members. Council remarks addressed to Mr. Shirley: Mr. Keith: Noted he does not hear often from individual citizens and encouraged citizens to contact council members with concerns. Ms. Jenks: Asked if there is any way he could make his statement slightly more substantial; in other words, have any citizens offered solutions? Mr. Shirley indicated he had heard concerns, not solutions. Dr. Phyl Speser, 1811 36th Street Apologized for losing his temper at the Joint Planning Commission and Land Use Committee Meeting. He asked the members of the delegation attending from Foresight Science & Technology to stand and say how long they have lived in Port Townsend. Dr. Speser noted he had wanted an ordinance to enable him to rent a previously operated bed and breakfast, but any option uptown would be suitable, and indicated he believes the city has a problem with providing affordable space options for companies such as his. Mr. Vem Garrison Expressed appreciation to Mr. Shirley for voicing sentiments regarding Waterman-Katz. Noted concerns about Waterman Katz project, including allegations that 1) it is contrary to the Comp Plan 2) Need for staffing analysis 3) preference for a multi-use site combining office space needs and police facility. City Council Minutes Page 3 September 15, 1997 . . . Mr. Lee Weatherly, 2920 7th Street Spoke regarding water treatment, public notice regarding water supply, and possible danger of bacterial contamination. Mayor McCulloch noted the legal the requirement for the public notice and said that never in the history of Port Townsend has there been an outbreak from a waterborne disease. The Mayor told Mr. Weatherly his concerns were noted, and that he would receive additional information from the City. She suggested he talk to Robert LeCroix of Public Works. Ms. Jenks added that the City made a conscious decision not to filter our water to save costs to the citizens, and she reassured that the bacteria issuc is not a problem. She said the City is required to make public notice. She noted the city meets the Department of Health standards for water. Mr. Wheeler stated that a filtration system would not guarantee complete safety either. The Mayor closed Public Comment and moved to the Public Hearing at 7: 10 p.m. The Mayor closed the Public Hearing at 8:40 p.m. and proceeded to New Business. ST ANDING/ ADHOC COMMITTEE REPORTS Commenced following New Business -- to be completed at the Continued Meeting of September 16, 1997 MA YOR'S REPORT AND STAFF REPORTS Moved to Continued Meeting of September 16, 1997 PUBLIC HEARINGS Application by Glen Norcross and Neil Cavette to Amend the Comprehensive Plan Land Use Map and Zoning Map LUP-00033 (Glen Norcross, Neil Cavette) Mr. Bruce Freeland made the BCD Staff presentation for the open record hearing. Mr. Freeland pointed out that this was the only proposal received this year to amend the Comprehensive Plan (Comp Plan). He discussed the contents of his July 24, 1997 memorandum to the Planning Commission and noted the area being considered is now designated R-IV and would change to R-III if the amendment is adopted. Mr. Freeland summarized the Planning Commission's Findings of Fact and Conclusions and gave their recommendation: Recommendation, Block 177 and Block 178 The application to change the Comprehensive Plan Land Use Map and the Zoning Map from R-IV to R-Ill should be granted. City Council Minutes Page 4 September 15, 1997 . . . Council questions: Ms. Jenks referred to staff recommendations that Block 177 should be changed in designation but Block 178 should not. She asked regarding Staff Conclusion 3, "single family infrastructure has been installed," and Planning Commission Criteria 6, "has scheduled installation of infrastructure." Mr. Norcross interjected the infrastructure has now been installed. Mr.. Keith asked about specific drainage problems in Blocks 177 and 178; Mr. Freeland replied they had nothing in their file on these blocks. Mr. Freeland went on to reply to questioning that with a single family development if there is 40 percent or more impervious coverage, a drainage plan is required; that would mean a 5,000 foot lot with 2,000 square feet coverage would not require drainage improvements. Mr. Keith noted that with a 10,000 foot lot a person could have 4,000 square feet without any drainage improvements, and he pointed out that would have to be dealt with on-site with multi-family development. Mr. Keith asked ifthe water pressure would be normal in the area. Mr. Wheeler replied that was correct. Mr. Keith further questioned the infrastructure that has been reported installed, and Mr. Freeland said that might be discussed in the public hearing, but the implication is the infrastructure would be sized to the single family cul-de-sac. Disclosure Councilmembers Jenks, Perry-Thompson and Camfield noted they had contact with the proponent and had some discussion, though nothing substantive. They indicated when they became aware this was going to be a quasi-judicial hearing they had no more discussion with the proponent. Mr. McMahan noted he discussed this with the council members, notified the proponents and then wrote a memo. Mr. Steve Schumacher asked to speak regarding quasi-judicial and appearance of fairness issues. Mr. McMahan gave a general explanation and also invited Mr. Schumacher to come to his office and discuss it with him if he had further questions. Mayor McCulloch asked ifthere were any objections to any council member sitting in on this hearing. There was no response and the Mayor continued the hearing. Council Questions: The issue of water pressure was brought up by Ms. Perry-Thompson in regard to multi-family compared to single family development. Mr. Freeland indicated he had said that multi-family developers might have more resources than single family projects to correct these problems and that higher density would give a broader area to spread costs of improvement that might be needed. Ms. Jenks asked for clarification regarding water pressure and storm drainage. She asked if water pressure will be taken care of with the new CT pipeline and also asked regarding storm drainage. Mr. Wheeler commented the water pressure would be aided with the new CT pipeline. He indicated higher density development would be more likely to deal with the issues of storm drainage. City Council Minutes Page 5 September 15, 1997 . . . Public speaking in favor of lower density: Lillian Small, owner of Block 178 Addressed drainage and zoning issues. In answer to a question from Mr. Keith, she stated she had checked on the zoning prior to the comp plan passing, and made her plans, then found this April that the zoning had been changed to affect her property. Steve Schumacher, 14th and Hancock Spoke in favor of the amendment., citing pets, traffic, and drainage. Jean Willis-Long, 13th and Hancock Spoke in favor of the amendment, citing low water pressure and drainage problems. Myron Dallas, corner of 12th and Hancock Does not want apartment building in scenic area. Kathleen McFee, 1805 14th Street Referenced issues of drainage and water pressure, not wanting more traffic. Mona Steffire, 1347 Hancock Noted that real estate professionals do not always seem aware of zoning issues related to changes in the comp plan. Bob Sawyer, 1448 Sherman Noted narrow streets. desire for lower density. Scott. . . . , 1510 Logan Carol foledo, 1206 Logan Street Cited losing trees and quality of life if density is increased. James Davis, 1431 Sherman Concerned about middle class area being dow'Ilgraded. Betty Nelson, 1451 Sherman Would like to keep single family designation. Caleb Small, Lillian Small's son Cited loss of investment for builder, traffic problems being created, the wrong mix of people in that neighborhood, no real promise of improvement on the water issue if amendment is not approved. Roland Raymond, south half of 150 City Council _Minutes Page 6 September 15. 1997 . . . Glen Norcross, Proponent Stated his desire that the designation remain R-I. Suggested that stormwater issues are basically settled. Added that if density were increased, Þ- There would be a lot more people in a very small neighborhood. Þ- The road is very narrow with blind spots. Þ- Noted loss of investment, stated he was not notified of the change and declared the neighborhood is not appropriate for multi-family housing Ms. Perry-Thompson reminded Mr. Norcross he made the same statement to the Planning Commission. She said she needs to know what he means by .'that is not good for the neighborhood," and said she would discuss it further. Vern Jones, 1433 13th Street Public speaking in opposition of lower density None The Mayor closed the public hearing at 8:40 p.m. and proceeded to New Business and the ordinance. UNFINISHED BUSINESS There was none. NEW BUSINESS ORDINANCE NO.2606 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN LAND USE MAP AND THE OFFICIAL ZONING MAP FOR THE CITY OF PORT TOWNSEND PURSUANT TO THE GROWTH MANAGEMENT ACT, CHAPTER 36.70A RCW, IN ACCORDANCE WITH PORT TOWNSEND COMPREHENSIVE PLAN POLICIES, AND ESTABLISHING AN EFFECTIVE DATE The Mayor read the ordinance by title. Councilmember Shoulberg made a motion that the first reading be considered the second and the third be by title only. Councilmember Jenks objected and said the motion was out of order that each person had not been permitted to speak twice. Mr. McMahan clarified this is the reading only and does not limit debate on the ordinance. Councilmember Welch seconded the motion and it passed 5 in favor, Councilmember Jenks opposing. Ms. Kolacy again read the ordinance by title. City Council Minutes Page 7 September 15, 1997 . . . Councilmember Shoulberg made a motion that the Council adopt Ordinance No. 2606 which was seconded by Councilmember Welch. Discussion ensued. Points made by Council: . Supply of land zoned multi-family. Had to assume some R-III was going to get lost to single family. . If downzoned, it does not guarantee trees will stay there. . If built out as single family, can build without dealing with drainage at all. . Will not find anywhere anyone would want to have high density in their neighborhood. There is a wide spectrum of people in this town, and we all should welcome a variety of people in different types of housing. . The citizen compo plan committee dealing with housing issues discussed the issue of affordable housing at length, agreed that it is not appropriate to segregate lower income citizens in specific areas on the outskirts of town. . Lowering R-IV to R-III which has no minimum density would only lower the density and would not preclude any of the uses. It is not seen to be elitist, and would still allow a lot of things to go In. . The water pressure fix is scheduled for construction this corning summer. . R-IV will take care of a stormwater problem, where single family would not. . Small town character -- a mix in town. This zoning change will accommodate that. . We have solved low water pressure, but have not and will not solve the traffic problem. The beauty of town is allowing all types of development to happen in conjunction with each other. If we lower this to R-III, it does not preclude having a duplex, a fourplex or even something up to the maximum of R-III, but will also allow a single family neighborhood. . With this amendment, council will be turning this into a uniformly single family neighborhood with no multi-family. We have been told by the proponent, what they are going to build is single family. If we approve this one, there remain three blocks ofR-IV in that neighborhood. When there is a proposal for development on one of those blocks and there is opposition, what are we going to say? Mayor McCulloch declared each council member had spoken twice. Ms. Camfield called for the Question and Mr. Keith seconded. The motion passed by roll call vote with 4 in favor, Mr. Keith and Ms. Perry-Thompson opposed. CONSENSUS was to complete New Business before returning to Staff Reports. City Council Minutes Page 8 September 15,1997 . . . ORDINANCE NO. 2607 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ESTABLISHING A LODGING TAX ADVISORY COMMITTEE, CREATING A NEW CHAPTER PTMC 2.74, LODGING TAX ADVISORY COMMITTEE, TO THE PORT TOWNSEND MUNICIPAL CODE, AND ESTABLISHING THE COMPOSITION REQUIREMENTS, AUTHORITY AND FUNCTIONS OF THE LODGING TAX ADVISORY COMMITTEE, IN ACCORDANCE WITH SSB 5867 The Mayor read the ordinance by title. Mr. McMahan asked for questions: Mr. Keith recommended the following: Amendment -~ .. 2.74.020,B. Change "or designee" to read ",.. shall be a Jefferson County Commissioner or designee, . . ." .. 2.74.060A2. Change "Any increase. . ." to read "Any change. . ." Mr. McMahan noted a short time frame under state legislation, and suggested the Mayor request that the Tourism Advisory Group submit a list of names in time for that appointment to be made at the next council meeting. Mr. Peter Badame, asked when the change from TAG to L T AC would take effect. Mr. McMahan stated that the group will be established 10 days following the adoption of the ordinance. Mayor McCulloch asked if they should solicit recommendations and also advertise. Mr. McMahan said that is up to the Mayor and council. Mr. Badame noted the law requires annual review which would give an opportunity for appointment and said TAG suggested they stagger terms and review every year. He indicated the process of advertising would be good. Mr. McMahan said TAG would include this in their bylaws which will come to Council for adoption. Councilmember Keith made a motion that the first reading be considered the second and the third be by title only which was seconded by Councilmember Perry-Thompson and passed unanimously by voice vote. Ms. Kolacy again read the ordinance by title. Councilmember Keith made a motion that the Council adopt Ordinance No. 2607 as amended which was seconded by Councilmember Perry-Thompson and passed unanimously by roll call vote. RESOLUTION NO. 97-103 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICE/CONSULTANT AGREEMENT BETWEEN THE CITY AND OLYMPIC FINANCIAL & MANAGEMENT SERVICES INc. Ms. Randy Pendergrass (Olympic Financial & Management Services) explained the resolution. City Councii Minutes Page 9 September 15, j 99 ì . . . Discussion ensued regarding employment of Ms. Pendergrass with this contract vs. work being done by new Public Works Financial Analyst Gary Leaf. Mayor McCulloch pointed out Mr. Leaf is new to the job and heavily involved in the 1998 budget preparation. Mr. Wheeler expressed confidence in the work of both individuals but added that Mr. Leaf is doing the entire rate study in house and needs to focus on that, although he could consult and work with Ms. Pendergrass. Mr. Keith referenced discussion last year of doing the rate study in-house and last year's expenditure to consultants EES of $10,000 - $15,000. He noted that even if they do let this contract to Ms. Pendergrass, they are spending considerably less on consultant fees compared to last year. Mr. Shoulberg spoke in support of the contract and said it is money well worth spending. He also said it will result in a more independent analysis, which he indicated is very critical. Mr. Keith suggested modifying the contract with a not-to-exceed figure. Amendment: Olympic Financial & Management Services, Inc. is to work in collaboration with the Public Works Financial Analyst in completion of the work descri bed in the contract and that the time schedules and fees are amended so as not to be exceeded. Councilmember Keith made a motion that the Council adopt Resolution No. 97-103 as amended which was seconded by Councilmember Perry-Thompson and passed unanimously by voice vote after a brief discussion. Council member Jenks opposed. RESOLUTION NO. 97-104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND SUPPORTING TERMINATION OF WATER FACILITIES, SUPPLY AND LATECOMER CONTRACT, AND INSTRUCTING THE PUBLIC WORKS DIRECTOR TO ADVISE PROPERTY OWNERS OF IMPENDING CONTRACT TERMINA nON Mr. Wheeler explained the resolution and pointed out the last paragraph of page 1 should be corrected to say eight-inch water main rather than six-inch. Councilmember Jenks made a motion that the Council adopt Resolution No. 97-104 as corrected which was seconded by Councilmember Keith and passed unanimously by voice vote after a brief discussion. The Mayor opened the meeting for Public Comment. There was no Public Comment and the meeting proceeded to Standing/Ad Hoc Committee Reports. STANDING/AD HOC COMMITTEE REPORTS Land Use. Councilmember Keith September 8, 1997 City Council _Minutes Page 10 September 15, 1997 . Discussion items: BCD work priorities realignment: .. Category I. Wetland, added task ~ Category II. Clearing and grading ordinance and fence heights ~ Code enforcement. Port issues -- maintenance building Set meeting -. September 23, 1997,8:00 a.m. City Hall Agenda: Code Enforcement (maintenance building, shorelines and wetland buffers) Joint Land Use Committee and Planning Commission. Councilmember Keith September 4, 1997 Discussion: Allow high tech, low impact business to locate in former Bed & Breakfast Inns ~ VI¡' ould correct process be a text amendment or Comp Plan amendment .. Planning Commission members present were unanimously opposed to text amendment . Mr. McMahan pointed out: .. The Growth Management Act (GMA) very explicitly says amendments to the Comp Plan occur only once annually and that Development Regulations must implement and be consistent with the Comp Plan. He referred to the home occupation code, cottage based industries, and indicated that the zoning code currently allowed high tech industries in all commercial, and neighborhood commercial zones ~ PTMC 20, annual amendment code, carved out an exception that any time during the year you can adopt Development Regulations if they are consistent with the Comp Plan. .. Comp Plan Policy 7.14 states conversion of residential areas is to be discouraged for non- residential uses with three very narrow exceptions; this is not one of those. Mr. McMahan asked Council ifthey are comfortable saying this use is consistent with the Comp Plan; otherwise, it would take an annual amendment. Mr. Shoulberg asked if the proponents and opponents at the Planning Commission meeting understood this issue would be discussed again at the city council meeting. Mr. Keith replied it was noted at the end of the joint meeting. Ms, Perry-Thompson stated she had received a telephone call from Councilmember Davidson, who is out of state, asking to reconsider and to go with the Comp Plan process in regard to the high tech business issue. Mr. Davidson had attended the September 4th joint meeting. Mr. Keith reported a straw poll had been requested at that meeting, and the Planning Commission members present all thought a comprehensive plan amendment would be the appropriate process. Ms. Jenks expressed that she felt thc Planning Commission should consider the issue at a regularly noticed meeting and corne forward with findings that Council can vote on. Rescind Council's previous direction, send to BCD and refer to the docket for the next Comp Plan amendment cycle SECOND Perry- Thompson Discussion: Ms. Jenks suggested that rather than the straw vote, the Planning Commission ratify with a vote at a regularly scheduled meeting. After further discussion, Ms. Jenks requested a friendly Keith MOTION . City Council Minutes Page 11 September 15, 1997 . . . amendment for the Planning Commission to return with a vote. Mr. Keith did not accept the amendment. Due to the late hour, there was no public comment and the vote was taken. VOTE 5 in favor, Jenks abstained. Joint Parks Committee !Parks Commission. Councilmember Welch Set meeting -- September 17, 1997,7:00 p.m., Pope Marine Building Agenda: Parks & Recreation Plan Housin2 & Community Services. Councilmember Perry-Thompson Set meeting -- September 17, 1997,4:30 p.m., Mayor's Office Agenda: Utilities Committee. Councilmember Shoulberg Set meeting b September 17, 1997, 1:30 p.m., Public Works Agenda: Gary Leaf presentation, rate model AGENDA ITEMS POSTPONED -- to Continued Meeting of September 16, 1997: .. Remaining Standing/AD HOC Committee Reports .. Mayor's Report .. Staff Reports .. Public Comment .. Councilmembers General Discussion .. Executive Session to consider property acquisition RECESS There being no further business, at 11 :35 p.m. Mayor McCulloch declared the meeting recessed until 7'00 p.m. on September 16, 1997, Port Townsend Community Center Card Room. Attest: ~ ciI~ Pamela Kolacy, City Clerk 0 MINUTES OF THE CONTINUED SESSION OF SEPTEMBER 16, 1997 The City Council of the City of Port Townsend met in continued session this 16th day of September, City Council Minutes Page 12 September 15, 1997