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HomeMy WebLinkAbout08072000CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF AUGUST 7, 2000 The City Council of the City of Port Townsend met in regular session this seventh day of August, 2000, at 6:35 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 Joe Finnie, Vern Garrison, Geoff Masci, Bill Wolcott, Syd Lipton and Alan Youse. Allen Frank was excused. Staff members present were City Manager David Timmons, City Attorney John Watts, City Clerk Pam Kolacy, Sgt. Connor Daily, Building and Community Development Director Jeff Randall, and Senior Planner Judy Surber. AGENDA CHANGES An additional item was added under new business (10.D): Wolcott Request for Use Agreement Concerning City-Owned Property PRESIDING OFFICER'S REPORT Mr. Masci introduced newly appointed committee members: Kaheya Cunningham, Non- Motorized Transportation Committee; Bryan Shrader, Historic Preservation Committee; Sebastian Eggert, Historic Preservation Committee; and Frank Benskin, Planning Commission. Mr. Masci announced that the August 10 Planning Commission meeting has been cancelled. Mr. Masci stated that the City of Tacoma has a policy preventing electioneering and endorsements for candidates for public office during the public comment period at city council meetings. Council consensus was to direct City Attorney John Watts to research the matter and bring a similar resolution before the council at the next regular meeting. CITY MANAGER'S REPORT System Development Charges (SDC): Mr. Timmons presented a citizen concern regarding charging interest on SDC deferrals for families that qualify for low income housing. He asked if Council wished to revisit this policy. After brief discussion, there were no members who supported revisiting the policy of the City collecting accrued interest fees on the deferred system development charges at the time the property is sold. City Council Minutes 1 August 7, 2000 Kah Tai Studies: Mr. Timmons said he has recently reviewed soil studies done in 1984 of Kah Tai Lagoon which indicated the presence of certain heavy metals. He will discuss the study with representatives of the Departments of Health and Ecology, and request their comments on the possible need for a current in-depth study to determine whether there is any health risk the City should be aware of. This item will be added to the work plan for information and follow-through. Mr. Finnie said the state of the lagoon may affect talks with the Port regarding a land swap. He suggested the issue be remanded to the Capital Facilities Committee. Mr. Timmons announced an informational meeting on the proposed natural gas pipeline, and noted the Washington State Arts Commission is visiting Port Townsend this week. A request from a representative of the American Legion has been received asking the City to share in the funding for a reception during which the Korean Consul will be recognizing veterans at the newly created memorial. Consensus was that a contribution would be in order. COMMENTS FROM THE PUBLIC (Items not on the Agenda) Seamus Sims: regarding skateboard park facility. Mr. Timmons noted meetings have been set to discuss this among the Port, County and the City, and that he would share this information with Mr. Sims. Nik Lauer: announced he would be leaving the Leader as staff reporter, and introduced the new reporter, Barney Bourke. CONSENT AGENDA Motion: Mr. Wolcott moved for approval of the following items on the Consent Agenda. Mr. Lipton seconded. The motion carried unanimously, 6-0 by voice vote. Approval of Bills, Claims and Warrants Vouchers 72648 through 72850 in the amount of $250,580.62. Approval of Minutes Special business session of June 15, 2000 Regular meeting of July 17, 2000 Appointment of Lawrence Thomas to the Library Board Appointment of John Loughlin-Presnal as student member of the Community Oriented Policing Advisory Board City Council Minutes 2 August 7, 2000 UNFINISHED BUSINESS STANDING COMMITTEE RECOMMENDATIONS Public Safety Committee Port Townsend Film Festival: Mr. Timmons introduced the committee's recommendation to support and endorse the efforts of the Port Townsend Film Festival. Public Comment Michael Harvey: on behalf of the Port Townsend Film Festival Motion: Mr. Finnie moved to support and endorse the efforts of the Port Townsend Film Festival. Mr. Lipton seconded The motion carried unanimously, 6-0 by voice vote. Ferry Traffic~ Sgt. Conner Daily outlined the history and current status of agreements for ferry traffic control. Public Comment: None Motion: Mr. Finnie moved to confirm findings that the city's current practice and agreement with the Washington State Ferry System is consistent with council policy and that there is no waste or inefficiency as a result of that effort. Mr. Wolcott seconded The motion carried unanimously, 6-0 by voice vote. Fire District Annexation: Mr. Youse and Mr. Timmons reported that the original committee studying annexation options has completed its work. Chief Edwards said the next step would be third party analysis of the work done so far. A preliminary pro forma cost analysis was presented. Apparent benefits of the annexation would include increased staffing, equipment and facilities for the entire district. Public Comment Kate Jenks: asked where the new fire facility would be built. Dave Timmons answered that it would probably be built on the same site as the current city station. Motion: Mr. Youse moved to enter into a joint resolution of intent with Fire District #6 to proceed with a view toward annexation and provide an unbiased evaluation and cost/benefit analysis by a third party, with the City's portion of the professional services agreement to be funded from the council's discretionary fund Seconded by Mr. Wolcott. The motion carried unanimously, 6-0 by voice vote. City Council Minutes 3 August 7, 2000 RESOLUTION 00-048 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO AWARD AND EXECUTE THE CONTRACT FOR PROPOSED ROADWAYS TO BE CHIP SEALED AND PROPOSED ROADWAYS TO BE ASPHALT OVERLAID AS LISTED IN THE BID DOCUMENTS FOR THE PROJECT KNOWN AS 2000 STREET REPAIR PROGRAM, TO THE LOWEST RESPONSIBLE RESPONSIVE BIDDER(S), AND TAKE ALL NECESSARY AND PROPER STEPS TO CARRY OUT THE CONTRACT, INCLUDING APPROVING APPROPRIATE CHANGE ORDERS Staff Presentation: Dave Timmons, City Manager Mr. Timmons said that funding would be transferred from the solid waste fund to the street fund. The City is looking at rehabilitating and preserving what is in place by the chip seal method. Bids came in slightly less than anticipated. The bid award can be amended to authorize additional work as the projects proceed. This will set the framework for a program that will be recommended in next year's budget. In answer to a question from Mr. Lipton, Mr. Timmons stated that $10,000 has been withheld for a geotechnical study of Monroe Street. Public Comments: None Motion: Mr. Youse moved to approve Resolution 00-048. Mr. Garrison seconded. Discussion Mr. Finnie questioned the authority for the funds transfer. Mr. Watts said the City has authority to transfer funds from one dedicated fund to another, but it can only be done by council action. Mr. Garrison expressed concem about traffic speeding on Lawrence Street if the roads are repaired. Mr. Timmons noted that any time road repair takes place, it is a good policy for the pOlice force to follow up with more intense enforcement; also lane striping can be done which has a tendency to slow traffic down. Vote: The motion carried unanimously, 6-0 by voice vote. City Council Minutes . 4 August 7, 2000 NEW BUSINESS ORDINANCE 2744 ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING ORDINANCE 1564 AND EXTENDING THE ELECTRICAL DISTRIBUTION SYSTEM FRANCHISE TO PUGET SOUND ENERGY UNTIL DECEMBER 31, 2000, UNDER ALL TERMS AND CONDITIONS OF ORDINANCE NO. 1564 Staff Presentation: John Watts, City Attorney Public Comment: None Motion: Mr. Garrison moved to adopt Ordinance 2744. Seconded by Mr. Lipton. The motion carried unanimously, 6-0 by roll call vote. RESOLUTION 00-049 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING AND DIRECTING CORRECTIONS BE MADE TO THE OFFICIAL ZONING LAND USE MAPS TO CORRECT MAPPING ERRORS BY RE-DESIGNATING BLOCKS 14 & 15 OF PHILLIPS ADDITION FROM (P-I) PUBLIC/INFRASTRUCTURE TO (R-II) MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL Staff Presentation: Jeff Randall, Building & Community Development Director The property is privately owned with multiple ownership, and was never intended to be public. The mapping error dates back to the original Comprehensive Plan map. The property owners have been notified of the proposed change to R-II, with no comments forthcoming. A Comprehensive Plan amendment is not required procedurally. Public Comment: None Motion: Mr. Garrison moved to approve Resolution 00-049. Seconded by Mr. Wolcott. The motion carried unanimously, 6-0 by voice vote. PORT TOWNSEND BUSINESS PARK PLANNED UNIT DEVELOPMENT AGREEMENT (PUDA) AMENDMENT NO. 5 Staff Presentation: Judy Surber, Senior Planner City Council Minutes 5 August 7, 2000 Staff has added a condition that if loading doors are placed on the secondary access road, it must be shown that there is enough room to pull large trucks off the roadway. The Planning Commission approved processing the application as a minor amendment as recommended by staff. Public Comment Mr. Mark Zenger, proponent of the project, discussed the long term plan for the Business Park and answered questions about the current proposal. At this point Mr. Watts noted that Councilmember Wolcott owns property adjacent to the Business Park and asked whether Mr. Wolcott or any other council member would gain financial benefit from the approval of the amendment to the Business Park PUDA. There were no affirmative answers. Motion: Mr. Youse moved to adopt the Findings and Conclusions of the Planning Commission and approve the fifth amendment to the Port Townsend Business Park PUDA. Seconded by Mr. Wolcott. The motion passed, 5-1 by voice vote. Mr. Masci was opposed. WOLCOTT REQUEST FOR USE AGREEMENT CONCERNING CITY-OWNED PROPERTY Mr. Garrison recused himself from the proceedings, having had prior discussion with Mr. Wolcott regarding this project. Mr. Wolcott moved to the public sector. Mr. Timmons presented an overview of the request The proponent has requested a 10-foot access easement across the southern part of the property which is in city ownership. Upon review of the request, it was found that many rear exits and emergency exits from other buildings bordering the property use the property for access or egress. He suggested that since these are all issues related to the public interest, the issue should be dealt with in a more comprehensive fashion. This particular request would be for a permanent easement which would preclude the city from using the property; therefore, issues surrounding appraisal and compensation to the City are involved. Mr. Watts added that problems arise because the city-owned property is not a right-of- way. The request does not involve a setback issue, rather an emergency and fire safety exit, as the building code requires a 1 O-foot free access to the right-of-way. The proposed use agreement would meet that requirement. City Council Minutes 6 August 7, 2000 Mr. Timmons said that the council may discuss and deliberate, and that the final proposed solution would be ngticed as a public action, thereby giving opportunity for public comment. Discussion Mr. Masci said a first touch would be granting a 1 O-foot easement. He asked if the stairway belongs to the City or to the Terry Building, and if an additional easement would be needed to accommodate that. Once encroachments are identified, long-term agreements could be pursued. It could be a follow-up agreement or a second agreement with respect to any other use made of city property. Mr. Wolcott appeared as the proponent to answer questions. He stated that the resolution is time sensitive to the project, but he supports a process that would help the City address all of the attendant issues. He noted that the project has not yet received Historic Preservation Committee approval or a building permit. Several possible alternative actions were discussed. Motion: Mr. Youse moved to direct staff to analyze three options: 0 a simple grant of the 1 O-foot easement on the southern part of the property; 2) carrying the easement further to connect with Washington Street, thus preserving the balance as a block of city property that could be used or surpluse& and 3) dedicate the entire space as a right-of- way. Seconded by Mr. Lipton. The motion carried unanimously, 4-0 by voice vote. EXECUTIVE SESSION At 8:54, Mr. Masci announced that the council would move into executive session for 30-45 minutes regarding potential litigation and property issues. He stated that no action would be taken after the executive session. RECONVENE The meeting was reconVened at 9:55 p.m. ADJOURN There being no further business, the meeting was adjourned at 9:56 p.m. Attest: Pamela Kolacy, CMC t~ / City Clerk City Council Minutes 7 August 7, 2000