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HomeMy WebLinkAbout02192002CITY COUNCIL OF THE CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF FEBRUARY 19, 2002 The City Council of the City of Port Townsend met in regular session this nineteenth day of February 2002, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Kees Kolffpresiding. ROLL CALL AND PLEDGE OF ALLEGIANCE Councilmembers present at roll call were Freida Fenn, Kees Kolff, Catharine Robinson, and Alan Youse. Mr. Finnie and Ms. Sandoval were out of town and excused; Mr. Masci gave advance notice he would not be present. Staff members present were City Manager David Timmons, City Attorney John Watts, BCD Director Jeff Randall, Planner John McDonagh, Public Works Director Ken Clow and City Clerk Pa_m Kolacy. CHANGESTOTHEAGENDA Ms. Fenn requested removal of items "E" and "F" relating to the solid waste disposal services agreement from the Consent Agenda. These will be placed under "Unfinished Business." She also requested the addition of an item under New Business: report from the Community Development Committee. Mayor Kolff noted that New Business would be taken up before Unfinished Business as the item under New Business would require the same staff person as the first item under Unfinished Business. PRESIDING OFFICER'S REPORT No business items were presented. CITY MANAGER'S REPORT There were no business items presented. PUBLIC COMMENT (Consent and non-agenda items) Chris Kluck: spoke in support of the YMCA proposal; noted that the municipal government partnering with a non-profit organization will allow the fundraising to support the program which will become a bargain to the city. He noted that he is impressed by the people who are representing the organization and stated that the YMCA will offer coordination of services. He said the idea makes sense and urged the Council to carefully consider the proposal. John Burke: regarding proposed solid waste contract, noted he is an employee of Skookum and hopes that recyclables will stay in Jefferson County. The recycling service City Council Regular Business Meeting Page 1 February 19, 2002 offered by the county affects a dozen employees. If the requirement to recycle in the county is removed, it will seriously affect Skookum's mission to employ the many people who benefit from the program. Richard Talbot: regarding the solid waste contract: recycling is emotionally a good thing, but not always a good thing financially. He supported the incentives for recycling but noted that every pound of material that is recycled at the moment doesn't pay a tipping fee and therefore revenues into a solid waste system are reduced. He notices the contract going in the direction of the model used in the county based on cost of service so additional garbage containers cost relatively less; this is an issue because if the charge were linear, it would encourage recycling more. In the past recycling costs have been hidden in the rate; in the county you can actually see that recycling may help you lower your bill - the relationship is clear. CONSENTAGENDA Ms. Robinson moved for approval of the following items on the consent agenda. Ms. Fenn seconded The motion carried unanimously, 4-0, by voice vote. Approval of Bills, Claims and Warrants Vouchers 79868 through 80040 in the amount of $632,116.49 Approval of Minutes Special Session of January 31, 2002 Joint City Council/Planning Commission Workshop of 1/31/02 Business Meeting of February 4, 2002 Special Business Meeting of February 11, 2002 Adoption of Ordinance ORDINANCE 2797 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING ORDINANCE 2785 (ADOPTING THE FY 2002 BUDGET) TO REFLECT A POSITION TITLE CHANGE IN THE GENERAL GOVERNMENT SALARY SCHEDULE PORTION OF THE 2002 BUDGET Adoption of Resolution RESOLUTION 02-003 A RESOLUTION OF THE CITY COUNCL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING THE CITY MANAGER TO SIGN A LOAN AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF ECOLOGY City Council Regular Business Meeting Page 2 February 19, 2002 NEW BUSINESS LINCOLN BEACH IMPROVEMENTS - CITY PARTICIPATION Planner John McDonagh stated that several private property owners in the Lincoln Beach area have joined in an effort to construct a 375-foot long soft-bank protective berm between their low bank shoreline homes and Admiralty Inlet. Because a 73-foot segment of the berm would occur on the city-owned Lawrence Street right-of-way, the homeowners have inquired whether the city would be willing to pay a proportionate share of the cost of construction. That cost is estimated to be $14,777.00. The project is currently undergoing the shoreline development permit process. Mayor Kolff asked if the city would have any interest in the project if they did not own the right of way. Mr. Watts replied that the issue for city participation is not so much for liability as for other factors, for example to get a result more consistent with modem engineering rather than a piecemeal approach. Mr. Timmons suggested the Finance Committee review the request because of the need for supplemental budget funds. Public comment Nancy Dorgan: asked whether additional public access can be factored in as trade off for city's participation. She doesn't see why the Council is financing something that does not yet have shoreline approval. She would prefer that the issue be addressed by the Community Development Committee. Richard Talbot: stated it wasn't clear to him whether there was any drainage connection and would the problem be fresh water not being able to drain or salt water coming in. He also asked why the natural sand and gravel construction wouldn't be washed away. How can there be long term assurance that today's berm will remain in the future. Mr. Timmons noted the construction is designed to erode on a natural basis and will require maintenance. The city has redirected some stormwater down Monroe through the stormwater system so that less goes into Lawrence street, the natural low point. There was talk about an inlet/outlet but it would be disruptive to the shoreline and would need a steel structure intrusive to the beach area. He added that the area the city wants to maintain is along the beach front and waterfront which is public access and may be a potential condition of participation. He noted that the Council is not being asked to approve the project as that is being handled through the Shoreline permitting process. The question before the Council is whether we wish to participate financially as the property owner. Impacts and access are being handled through the regulatory review process which is open to public participation. City Council Regular Business Meeting Page 3 February 19, 2002 Todd Wexman: recommended the Council does not act until the shoreline commission has taken some action. Motion: Ms. Fenn moved to refer the issue to the Finance Committee for the financial aspects and the Community Development Committee to focus on community access and other issues. Ms. Robinson seconded. Mr. Youse expressed a desire to divide the issue as there is no hurry for a review by Community Development whereas the financial decision is pressing. In reply to a question by Ms. Robinson, Mr. McDonagh noted that a public hearing will probably be held in late March or early April by the city's Hearings Examiner. He added that ultimate approval lies with the Department of Ecology. Ms. Robinson asked if residents will go forward if the city does not participate. Mr. McDonagh stated he does not have a definite answer, but would guess they probably will. Ms. Robinson said it seems like the money piece is first because we must establish whether or not the city is willing to participate. Mayor Kolff noted that if the Community Development Committee is looking at it from a wetlands enhancement and public access point of view, that may have an impact on the Finance Committee. Vote: The motion carried 3-1, by voice vote, with Mr. Youse opposed UNFINISHED BUSINESS RESOLUTION 02-005, GRANTING FINAL PLAT APPROVAL OF THE LYNNESFIELD #2 PLANNED UNIT DEVELOPMENT, APPLICATION LUP02-008 Staff report: John McDonagh stated that applicants are seeking final approval of certain phases of a Planned Unit Development; the full PUD received preliminary approval from the City Council in April 1996. Applicants received a three-year extension on project completion in 2001. Most conditions of the original preliminary approval and the extension have been completed; those that have not been completed have been bonded to the satisfaction of the Public Works Director. Public comment: None Mayor Kolff noted for the record that he is a near neighbor to the development but has no interest, financial or personal, in the project. Motion: Mr. Youse moved for adoption of Resolution 02-005. Ms. Fenn seconded City Council Regular Business Meeting Page 4 February 19, 2002 Mr. Watts noted that at this stage of the process this is largely a ministerial act of the Council as access, drainage and other issues are dealt with in the preliminary stages; the determination is whether construction has occurred according to plan. He added that Councilors would not need to recuse themselves from this legislative item because of living in proximity to the project. Vote: the motion carried unanimously, 4-0, by voice vote. INTERLOCAL AGREEMENT - MAJOR INDUSTRIAL DEVELOPMENTS (MIDs) Mr. Watts stated that the Council is asked to discuss and endorse in concept the draft interlocal agreement on MIDs. The documents in the packet represent an "agreement in principal" reached at the Feb. 6 Joint Growth Management Steering Committee (JGMSC) meeting. Generally, projects over 40 acres are under County purview. Projects 40 acres and under are under City purview. If a project under 40 acres cannot be sited in the City, the proponent could then apply for an MID in the County. The matter came before the council on February 4, when the Council approved the recommendation of the Council representatives to the JGMSC; at that time representatives were directed to negotiate and where necessary seek and agree to compromise in order to reach agreement on the terms. The draft Interlocal Agreement reflects that direction. He added that the Commissioners met today and reviewed the document and came to general agreement; some changes were made. BOCC met today and reviewed the document and are in general agreement; they have made technical changes which do not affect the nature of the agreement, i.e., reducing the 14 day review period to 10 days and establishing a "bright line" for MID project requirements which would eliminate the possibility of an applicant seeking to do a MID process on a phased basis. He noted this would be consistent with the City's position all along. Projects of 40 acres or less would first come to the City and projects over 40 acres with phasing would not be considered as MIDs but would be permitted through the appropriate county process. He recommended that Council endorse the principal concept of the agreement with the changes noted; a final draft will be brought before Council for final approval after final editing and revisions are worked out between City and County staff. Mr. Timmons noted that he received communication from the County stating that the 40 acre bright line will be incorporated into the Unified Development Code ordinance. A hearing before the County Commissioners has been set for February 25; it is not known when final action will occur. City Council Regular Business Meeting Page 5 February 19, 2002 Mr. Youse questioned the amount of time the city would have to issue a statement that no site is available. Mr. Watts stated the city development regulations would determine how long it might take for the city to respond. Public comment Nancy Dorgan: stated she attended the County Commissioner's meeting this morning and reported some of the discussion. She stated there are many new items and will be much more discussion about new "bright lines" and added that there is no reference in the Unified Development Code to the interlocal agreement. Motion: Mr. Youse moved to endorse in concept the terms of the draft Interlocal Agreement dated February 12, 2002. Ms. Robinson seconded. Mr. Kolff asked about the process to come. Mr. Watts stated it is not critical until we find out more about the county time line; it would be useful if there are issues regarding the UDC proposed amendments, then those issues could be discussed by staff with the City representatives to the Joint Growth Management Steering Committee. Vote: the motion carried unanimously, 4-0, by voice vote. RECESS The meeting was recessed at 7:58 p.m. for a break. RECONVENE The meeting was reconvened at 8:05 p.m. REPORT FROM COMMUNITY DEVELOPMENT/LAND USE COMMITTEE Ms. Fenn reported on the February 15 meeting of the Committee. An attached chart represents the recommendation of the Committee regarding the Comprehensive Plan amendment process for 2002. A three-track approach is proposed, with Track I representing state mandated review, to be performed under the purview of the Planning Commission; Track II, items with local discretion, to be under the purview of the Community Development Committee and any other committee or board resources; and Track III, state mandated items which are already underway under the direction of staff and consultants. Mayor Kolff noted that BCD Director Jeff Randall will present the proposed process to the Planning Commission on February 28, but would like to have approval from the Council prior to that meeting. Public comment City Council Regular Business Meeting Page 6 February 19, 2002 Nancy Dorgan: stated the Coordinated Water System Plan should be added to the list of implementation plans. Motion: Ms. Fenn moved to adopt the recommendation of the Community Development and Land Use Committee to support the three-track implementation process as shown in the 2-19-02 document, and to assign Track II to the Community Development/Land Use Committee as part of their work plan. Ms. Robinson seconded Vote: the motion carried with 3 in favor, Mr. Youse abstained RESOLUTION 02-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH D.M. DISPOSAL TO PROVIDE SOLID WASTE DISPOSAL SERVICES AND THE ASSOCIATED BILLING FOR THESE SERVICES. Mr. Timmons noted the contract was discussed during the Council's study session on February 11. He added that no public hearing is required by statute and staff recommends action take place by the end of the month because it is advisable not to go too deep into the budget cycle under the current contract. Public comment Nancy Dorgan stated that surpluses generated by garbage rates in the past were put to good use and lack of tax increases but now that the contract is being renegotiated it is time to look at what that surplus represented. Is it needed to pay for trash that tourists leave behind? She asked what extra scale of service would be provided to residents and added that a vote should not be taken on anything not yet seen in final form. Motion: Ms. Fenn moved to postpone action on the solid waste contract until the March 4 meeting. Mr. Youse seconded Ms. Fenn noted she wishes for total public understanding of the provisions of the contract and therefore supports the need for more time. Mayor Kolff asked what the cost to the city is of delaying approval of the contract. Mr. Timmons noted that a position in the Finance Department was not backfilled so there are projects not being done while the solid waste function is still within the city; not a direct dollar cost, but the staff allocation will continue until the new contract is in place. Vote: the motion carried unanimously, 4-0, by voice vote. City Council Regular Business Meeting Page 7 February 19, 2002 EXECUTIVE SESSION At 8:42, the Mayor announced an executive session regarding potential litigation would be held; he stated that action was anticipated after the session. RECONVENE The meeting was reconvened at 9:15 p.m. ACTION Motion: Ms. Fenn moved to direct the City Manager to present an offer to settle all claims relating to the 35th Street park property for a sum of $60, 000 to the County and to direct the City Manager to prepare a supplemental budget to authorize the release of funds; in addition, to agree the property acquired by this action shall be held in trust for development of a neighborhood park and conservation land with no immediate plans to develop the property. Ms. Robinson seconded The motion carried unanimously, 4-0, by voice vote. Motion: Mr. Youse moved to authorize the City Manager to commence negotiation for the exchange of the City's Snow Creek 160 acres for the Department of Natural Resources 80-acre parcel adjacent to the western limits of the city. Ms. Robinson seconded The motion carried unanimously, 4-0, by voice vote. ADJOURN There being no further business, the meeting was adjourned at 9:25 P.M. Attest: City Clerk City Council Regular Business Meeting Page 8 February 19, 2002