HomeMy WebLinkAbout081511CITY OF PORT TOWNSEND
MINUTES OF THE BUSINESS MEETING OF AUGUST 15, 2011
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
The City Council of the City of Port Townsend met in regular session the fifteenth day
of August 2011, at 6:30 p.m. in the Council Chambers, Deputy Mayor George
Randels presiding.
ROLL CALL
Councilmembers present at roll call were David King, Laurie Medlicott, Kris Nelson,
George Randels, Catharine Robinson, and Mark Welch with Michelle Sandoval
excused.
Staff members present were City Attorney John Watts, Development Services
Director Rick Sepler, Planning Manager Judy Surber, Public Works Director Ken
Clow, and City Clerk Pam Kolacy.
CHANGES TO THE AGENDA
City Attorney John Watts requested the addition of an item of old business. This item
is a proposed revision to the fire levy ordinance Council adopted on August 1. The
revision is based upon new revised numbers received from the County Assessor.
There were no objections and the item was added under Old Business.
COMMENTS FROM THE PUBLIC
There was no public comment.
CONSENT AGENDA
Mr. Randels proposed the following corrections to the minutes of August 1: page 4,
middle paragraph starting with "City Attorney Watts" in third line from bottom, replace
"operational" law with "operation of law; page 5, middle paragraph regarding meeting
with Washington State Ferries, change "in" the residential units.... to "in the vicinity
of the residential.....; on page 6, second paragraph, references to Fort Worden
Advisory "Council" should be changed to "Committee."
Mr. Randels also noted that he and Ms. Robinson have minor questions about the
pool fees but have no objection proceeding with approval tonight and asking staff to
return at a later date for discussion.
Motion: Catharine Robinson moved to approve the following items on the consent
agenda: Approval of Bills, Claims and Warrants Vouchers 115361 through 115369
and Electronic Fund Transfers in the amount of $223,124.85; Approval of Minutes of
August 1, 2011 with corrections as noted, adoption of pool fee schedule changes.
City Council Business Meeting August 15, 2011
Mark Welch seconded.
Vote: motion carried unanimously, 6 -0 by voice vote.
PUBLIC HEARING
Amendments to the Shoreline Master Program (SMP) & Critical Areas
Ordinance (CAO)
Given the small number of people in attendance, Mr. Randels asked if anyone
present planned to speak during the public hearing. There was no one in the
audience planning to speak and therefore City Attorney Watts suggested that Mr.
Randels read an abbreviated script regarding the rules for public hearings.
Planning Manager Judy Surber reviewed the packet materials, noting that the
Council received an introduction to the ordinance and held discussion on August 8.
The document presented tonight incorporates revisions based on questions at the
last meeting and questions from Council members after the workshop.
She referred to the agenda bill and staff report, which specifically outline the various
changes and clarifications made to the Ordinance based on Council comments on
Sections 1, 4, 5, 6, 8, 9 and 14.
Ms. Surber also noted a change in Section 1 (3) where reference to Title 16 is
stricken. She said this is a timing issue as Title 16 will not be changed until after
adoption of the ordinance so the reference at this time is not appropriate. The
sentence starting "If determined" will be changed to read more clearly by inserting
"to" prior to "include an assessment."
She reviewed page 4, regarding Section 14 regarding the complicated setback
issues and the available options. Staff suggests that language reflect that the
Director may grant a limited buffer waiver for infill development if the applicant can
demonstrate there is no public safety hazard or loss to shoreline ecological
functions.
She noted that the term "engineering geologist" will be replaced with "qualified
consultant."
Deputy Mayor Randels asked again for public comment. Seeing none, he asked
for questions and discussion from the Council.
Mr. King stated that the definition of steep slope in Section 6 seems inconsistent. As
written, a "steep slope" must exhibit three characteristics even if they are critical
slopes of 40 percent or steeper exceeding a vertical height of 10 feet. Section 12
seems to present this more clearly but the two contradict each other. Staff will
revise the ordinance to correct the apparent inconsistency.
Ms. Robinson pointed out a sentence on Page 13, line 2 where "for" should be
changed to "or" ( "or breeding or nesting habitat of priority species. ")
City Council Business Meeting August 15, 2011
There was further conversation about the Section 14 scenarios included in the
packet materials (Exhibit 4). Ms. Surber explained how she calculated the scenario
numbers.
Mr. Randels stated he has suggested changes to achieve consistency across the
bluff top if all safety measures are satisfied. If neighbors are required to build back
to the consistent line of existing homes to preserve the neighbors' view, the same
principle should be in place for the opposite situation. This would provide protection
of view for the infill lot and give it a consistency of view with its neighbors.
Ms. Nelson stated that 30 feet seems like a small setback from the edge of the
bluff. She also brought up the issue that new setback rules may change the
property value of certain lots.
Mr. Sepler clarified that an applicant proposing that a minimum setback be waived
would never be allowed to build closer to the bluff than the qualified consultant's
safe level recommendation. If that opinion seems generous, a peer review can be
required.
After further comments and clarifications by staff, Deputy Mayor Randels declared
the public hearing closed.
Motion: George Randels moved to approve first reading of Ordinance 3062, with
changes presented in staff memo and directed through subsequent discussion,
Adopting Certain Procedural Amendments to the Shoreline Master Program and
Certain Amendments to the Narrative Text and Tables of Chapter 19.05 of the Port
Townsend Municipal Code (PTMC), "Critical Areas, " all in a Manner Consistent with
the Requirements of Chapter 20.04 PTMC and the Growth Management Act of
1990, as Amended (Chapter 36.70A RCM. David King seconded.
Vote: motion carried unanimously, 6 -0 by voice vote.
OLD BUSINESS
Ordinance 3060A Fire Services Levy Lid Lift
City Attorney John Watts reviewed the packet materials, noting that the City
received a call from County Assessor Jack Westerman this afternoon. Mr.
Westerman proposed revised numbers he believes are more accurate. The
proposal before Council is to revise the maximum levy rate for collection in 2012
from $2.4664 to $2.4868 per $1,000 assessed value and to add "approximately"
before "$0.43/$1,000." The reasoning behind the change was that the exact
amount of the increase cannot be determined until January of 2012 taking into
account variations in construction, consumer exemptions, etc. Based on this
advice, City and East Jefferson Fire Rescue staff recommend adopting the revised
ordinance tonight with a waiver of Council rules for two readings because the
deadline for submission to the Auditor for the November ballot is tomorrow (August
16).
City Council Business Meeting August 15, 2011
Mr. King asked for clarification that the numbers will still be based on the current
assessment and addition of "approximately" cannot change the final figure
significantly. Mr. Watts confirmed this is not based on any revaluation situation.
There was no public comment.
Mr. Watts added that failure to revise the ordinance could result in a lower amount
being levied than is legally authorized. The original number was based on a 43
cent increase over the current levy rate but the current rate does not include the
extra 1 % allowed by law.
Motion: David King moved to waive Council rules and adopt Ordinance 3060A
which amends and supersedes ordinance 3060 adopted August 1, 2011. Mark
Welch seconded.
Vote: motion carried unanimously, 6 -0 by voice vote.
There was no report.
NEW BUSINESS - NONE
PRESIDING OFFICER REPORT
CITY MANAGER REPORT
Update on Bell Tower Repairs
Public Works Director Ken Clow reported on emergency measures taken last week
to stabilize the Bell Tower. He reviewed the problems that have been identified
and said a structural engineer is now looking at options for the structure. After the
last renovation, a good foundation exists but new columns are now needed. It also
now appears that the columns are not historic as was thought previously, and that
many were replaced in 1971.
Mr. Clow said that there are funds remaining from the 2010 construction bond that
were set aside as contingency amounts for other projects. The total is about
$400,000. He estimated the project cost to be substantially less than that and said
that as soon as more information is received, options will be presented to the
Council.
Staff will be discussing the project with the Historic Preservation Committee soon.
Utility Rate Updates
Mr. Clow noted the materials presented are for information at this point. Mr.
Randels stated that he has asked for a scenario that would show the result of a
slight increase in the rate gap between City residents and non - residents.
City Council Business Meeting August 15, 2011
SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND /OR
STUDY SESSION
COMMENTS FROM COUNCIL
Committee Reports
Climate Action Committee: Mark Welch
East Jefferson Watershed Council (formerly WRIA 17): David King provided
materials for the Council and suggested as a future action that the Council adopt
a resolution in support of the group which is about to lose its funding.
Lodging Tax Advisory Committee: George Randels
ADJOURN
There being no further business, the meeting was adjourned at 7:50 p.m.
Attest:
PamelabKolacy, MM6
City Clerk
City Council Business Meeting August 15, 2011