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HomeMy WebLinkAbout09252000CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF SEPTEMBER 25, 2000 The City Council of the City of Port Townsend met in regular session this twenty-fifth day of September, 2000, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Geoff Masci presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE Councilmembers present at roll call were Allen Frank, Sydney Lipton, Geoff Masci, Bill Wolcott and Alan Youse. Joe Finnie and Vern Garrison were excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow and City Clerk Pamela Kolacy. AGENDA CHANGES Mr. Timmons requested the addition of a new executive session item regarding personnel matters (Item 11). PRESIDING OFFICER'S REPORT Mr. Masci read proclamations proclaiming Jefferson County United Good Neighbor Day, Jefferson Aids Service Awareness Day, Roger Murphy/Lyn Hersey Day, and the Port of Port Townsend's 75th Anniversary. Additional Correspondence Letter from Jill Silver and Markus Koch supporting a noise ordinance. Letter from the Fort Lewis Chapter thanking David Timmons, Kristen Anderson and Peach Stebbins for the Korean medal award ceremony. CITY MANAGER'S REPORT Mr. Timmons recommended that the council assign review and recommend approval of the 30% design of the "F" Street project to the Community Development Committee. There were no objections. Mr. Timmons then noted that two members of the committee, Mr. Finnie and Mr. Garrison will be out of town on the date of the next committee meeting. Mr. Masci and Mr. Youse volunteered to attend in their places. A recommendation from the committee will be considered by the council on October 2. Mr. Timmons introduced Ken Clow, the new Public Works Director. He reported that sign enforcement is ongoing and that campaign signs encroaching on the public right of way will be removed by city crews. City Council Minutes Page 1 September 25, 2000 COMMENTS FROM THE PUBLIC (Items not on the Agenda) Nancy Dorgan: regarding how items for committee study are approved; how are council priorities rearranged to accommodate new items? Jackie Aase: requested permission to speak regarding noise ordinance so she could honor another commitment for that evening. She spoke in opposition to the ordinance. Glenn Norcross: comments regarding council performance. He expressed appreciation for the council's efficiency and effort to conserve taxpayer dollars. Richard Talbot: regarding the concept of a pedestrian mall which was part of the PT Film Festival. He noted the closing of Taylor Street during the festival worked well with no apparent ill effect on traffic; requested that the concept be examined by either council or non-motorized transportation committee. Scott Walker: echoed Mr. Talbot's comments in support of pedestrian mall. PUBLIC HEARING (Closed Record) RESOLUTION 00-053 MARINE SCIENCE CENTER SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT #LUP00-019 Mr. Masci opened the hearing and asked if any council members had an interest in the property or issue, or would stand to gain or lose any financial benefit as a result of the outcome of the hearing. There were no disclosures and no objections to any of the council members' participation. Staff Presentation John McDonagh, Staff Planner, presented the staff report. He noted that an open record hearing was held before the Planning Commission and that the Planning Commission recommended approval, as conditioned, by a unanimous 6-0 vote. He then read the conditions of approval into the record. Proponent Presentation Peter Badame represented the proponent, the Port Townsend Marine Science Center. Citizen Comments There were no other speakers either opposing, neutral, or in favor. Council Deliberation and Action Mr. Lipton questioned whether the project is affected by new shorelines regulations. Mr. McDonagh stated that to date, only guidelines have been issued and that the application is not affected by any pending legislation. Mr. Masci questioned the adequacy of restrooms and fire flow or a sprinkler system. City Council Minutes Page 2 September 25, 2000 Mr. Badame stated that a bathroom is located on land near Building 502, and that is sufficient to comply with the UBC requirement. He also said the standpipe on the pier is charged and that the State Park works with the City Fire Department to assure fire response throughout the facility. The hose and standpipe currently serving the buildings will be reviewed by the Fire Department during review of the building permit application. Motion: Mr. Frank moved to approve Resolution 00-053. Mr. Wolcott seconded The motion carried unanimously, 5-0 by voice vote. UNFINISHED BUSINESS ORDINANCE 2747 ADOPTING POWERS OF INITIATIVE AND REFERENDUM AND CREATING A NEW CHAPTER 1.16, INITIATIVE AND REFERENDUM Staff Presentation City Attorney John Watts introduced the ordinance. He noted the issue had been addressed at the last council study session and staff has brought forward the ordinance as directed for council action. Public Comments Nancy Dorgan: read into record Leader editorial in favor of adoption. Bob Sokol: spoke in opposition, noting that the initiative and referendum process doesn't lead to good legislation. Gigi Glenn: spoke in favor of adoption. Kathryn Jenks: stated voting against the ordinance would be hypocrisy. Motion: Mr. Frank moved for adoption of Ordinance 2747. Mr. Lipton seconded Council Discussion Mr. Frank and Mr. Youse noted they had expressed their opinions at the workshop session, citing costs to the taxpayers, and questionable legislation as well as the enabling of a minority of citizens to bring forward an issue to election. Mr. Lipton asked if there were any way in which election expenses and attorney fees could be shared with those bringing an issue forward. Mr. Watts replied that the city bears the costs. Mr. Wolcott noted that he has not seen a strong public desire for the council to adopt initiative and referendum. Mr. Masci spoke in favor of adoption, citing the narrowness of issues to which the process may be applied. City Council Minutes Page 3 September 25, 2000 Vote: The motion to adopt Ordinance 2747failed, 4-1 by voice vote. Mr. Masci voted in favor. Motion: Mr. Frank moved to rescind Resolution 00-034 (Declaring the intent of the City Council to adopt the right of initiative and referendum for the qualified electors of the City; providing for publication of this resolution; providing for a publicforum to present information to the public and City council; and providing that upon the expiration of the 90th day after the date of publication that an ordinance adopting the initiative and referendum process for the qualified electors of the City shall be presented unless a timely and sufficient referendum petition has been filed referring the question to the qualified electors of the City for approval or rejection. Seconded by Mr. Wolcott. Public Comments Kathryn Jenks: questioned appropriateness of maker of motion voting against adoption. Lois Bamette: spoke against adoption. Vote: The motion to rescind Resolution 00-034 carried, 4-1 by voice vote. Mr. Masci was opposed. NEW BUSINESS NOISE ORDINANCE Staff Presentation Mr. Timmons introduced the issue, and Mr. Youse, Public Safety Committee Chair, presented the recommendation of the committee. Bryan Shrader, co-chairperson of the noise ordinance subcommittee reported on the group's efforts. He was hopeful that the council would still consider adopting the ordinance and noted that the prior noise ordinance subcommittee would not meet again, but if desired, a new committee should be chosen. Public Comments Marian Cruz: spoke against boom box noise in neighborhoods. Chris Stein, citizen and musician: spoke against adopting a noise ordinance. John Ebner, vice chair of COPAB: noted that the committee could be reconvened if specific recommendations were made by the City Manager and Council about what the mission of the committee would be. Asked that anyone interested in serving on a subcommittee to deal with the issue contact the City Clerk for an application. Gretchen Brewer: urged solutions that would not need legislation; spoke against the ordinance, and asked that the committee not be reconvened. City Council Minutes Page 4 September 25, 2000 Scott Walker: stated that noise is another sort of pollution. Supported reconvening the committee for more work on the ordinance. Dana Roberts: include consideration of noise frOm boom boxes in neighborhoods. Lois Barnett: seek other possibilities, encourage communication among neighbors. Council Deliberation Mr. Youse and Mr. Masci commented on the difference between the issues of noise in the downtown business area and noise in residential areas. They added that the group studying the issue should be more inclusive of all opinions. Motion: Mr. Wolcott moved that the proposed noise ordinance be rejected and sent back to the subcommittee with instructions to provide a basis for the creation and enactment of the ordinance through the action of surveys or questionnaires. Also that the subcommittee be reconvened with additional personnel that would include elements of the subcommittee that have differing interests in having or not having a noise ordinance. Mr. Lipton seconded Mr. Frank made a friendly amendment that noise in residential areas be the first order of importance for consideration. The amendment was accepted by the seconder. The amended motion carried unanimously, 5-0 by voice vote. ORDINANCE 2748 PROVIDING FOR CONDEMNATION OF CERTAIN REAL PROPERTY (HEWITT) AFFECTING TAX PARCELS 001-022-003, 001-022-009, 001-022-010 AND 001-022- 011, LOCATED GENERALLY NORTH OF "F" STREET, EAST OF SAN JUAN AVENUE, SOUTH OF TREMONT STREET, AND WEST OF CHERRY STREET, IN THE CITY LIMITS OF PORT TOWNSEND Staff Presentation Mr. Watts presented the ordinance, stating that scheduled improvements to the sewer trunk line and location of a new force main require an expansion of a current 20-foot utility easement to 30 feet across the Hewitt property. The City has negotiated with representatives to relocate the City easement away from the middle of the property. The property is in the process of being sold and is currently the subject of a conditional use permit application for an assisted living facility. Negotiations have thus far not resulted in obtaining the needed easements. He stated that council action authorizing condemnation and commencing a condemnation action will not foreclose further negotiations. If agreement cannot be reached, just compensation will be determined by the Superior Court. Public Comments Dana Roberts, commenting for Scott Walker: thanked Council for including the non- motorized potential of the easement. City Council Minutes Page 5 September 25, 2000 Motion: Mr. Lipton moved to suspend council rules in order to allow a vote on the ordinance. Mr. Frank seconded. The motion carried unanimously, 5-0 by voice vote. Motion: Mr. Frank moved for adoption of Ordinance 2748. Mr. Wolcott seconded. The motion carried unanimously, 5-0 by voice vote. PEOPLE FOR A LIVABLE COMMUNITY (PLC) FLYER RE. GLEN COVE PLANNING Mr. Timmons commented that staff had not prepared a presentation. He did offer that in terms of the history of the process that he personally has never been lobbied by anyone to create a Glen Cove UGA. He stated he had no knowledge of efforts by anyone to obtain a "big box" retail store in that area and that no proposals have come forward to him. Public Comments John Lockwood representing PLC Jeff Kelety representing PLC Frieda Fenn representing PLC: noted a factual presentation and discussion regarding the future of Glen Cove will be held on October 12 at the Community Center. Lois Bamette: favors open public dialogue Gretchen Brewer: favors public discussion, supports PLC Lawrence Cole, a new resident: would like to preserve city Council Discussion Mr. Frank said he questioned the timing of the brochure and characterized it as containing fear mongering and speculative. Mr. Wolcott requested clarification of who the land owners are who have been lobbying the council; whether the council has actually demanded that a larger commercial zone be created. What is meant about the area not meeting state criteria for a UGA? Mr. Masci gave a history of the comprehensive plan process including his involvement with the Joint Growth Management Committee. He stated that the committee had concerns about the accuracy of the Trottier report. He noted that the city cannot annex an area without a vote of the residents. The city was not in a position to stop the clear cut at Highway 20 and Mill Road as the county said it was the DNR's responsibility. He stated that a dialogue surrounding the entire issue must be done in the open, with all cards on the table. He also said that the issue revolves around the fortitude of the current commissioners to make a decision. He noted that there has not been a Joint Growth Management Steering Committee meeting for a year, but when the committee is reconvened, it will be in open session with the public welcome to attend. City Council Minutes Page 6 September 25, 2000 If the area is declared a UGA it will become the purview of the citizens of Port Townsend and there will be complete and intense public process. Mr. Youse addressed whether the vision and map in the brochUre were realistic. He added that there is a significant need for employment in the area and that higher wage jobs are needed in the city. He stated he looks forward to the coming dialogue. EXECUTIVE SESSION The meeting was moved to executive session at 10:08 p.m. Mr. Masci announced that the session would involve a personnel matter, would last about 30 minutes and that no action was anticipated. RECONVENE The meeting was reconvened at 10:33 p.m. ADJOURN There being no further business, the meeting was adjourned at 10:34 p.m. Attest: Pamela Kolacy, CMC City Clerk City Council Minutes Page 7 September 25, 2000