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HomeMy WebLinkAbout071612CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF JULY 16, 2012 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The Port Townsend City Council met in regular session on the sixteenth day of July, 2012, in the Council Chambers at 540 Water Street. Mayor David King called the meeting to order at 6:30 p.m. ROLL CALL Councilmembers present at roll call were Kris Nelson, Michelle Sandoval, David King, Catharine Robinson, Robert Gray, and Deborah Stinson with Mark Welch excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, City Engineer Dave Peterson, Public Services Director Rick Sepler, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA There were no changes to the agenda. COMMENTS FROM THE PUBLIC There was no public comment. CONSENT AGENDA Bills, Claims and Warrants Vouchers 118249 through 118263 in the amount of $83,288.02. Approval of Minutes: June 18, 2012 and July 2, 2012 Initial paragraph under "Call to Order" noting date, time and place of meeting will be added to the June 18 minutes. Various typographical errors in both sets of minutes will be corrected. Authorization to Enter into Copier Rental Agreement Resolution 12 -027, authorizing the City Manager to apply for the Washington State Department of Transportation (WSDOT) Pedestrian and Bicycle Program Motion: Catharine Robinson moved to approve the consent agenda. Kris Nelson seconded. Vote: motion carried unanimously, 6 -0 by voice vote. PUBLIC HEARINGS City Council Business Meeting July 16, 2012 Page 1 of 9 Mayor King stated that six public hearings are on the agenda this evening. He reviewed the rules of procedure for public hearings and said these rules will apply to all hearings on the agenda. Mr. King disclosed that he has a business located in the Port of Port Townsend Boat Haven and therefore is affected by the potential elimination of the stormwater fee to the Port. He has been advised by the Port that if the City fee is eliminated and the Port assesses the fee, it will be a similar amount. He believes this does not have a bearing on his ability to participate in the hearing. There were no objections to his participation. No other Council members had any financial or property interests to disclose. The public hearings for all six items were then opened. Six -Year Transportation Improvement Program (TIP) Public Hearing and Resolution 12 -028 Approving the 2013 -2018 Six -Year Transportation Improvement Program and Authorizing the City Manager to Submit this to the State City Engineer Dave Peterson reviewed the packet materials. He noted that the City adopts a six -year Transportation Improvement Plan (TIP) annually and the plan must be completed by July 31 of each year. The TIP includes projects and programs of regional significance. It is not intended to be a detailed inventory of the City's overall transportation needs, but defines where any state and federal dollars that the City receives will be spent and what the City's transportation priorities are, depending on securing project financing. The Clerk stated no written comments have been received relating to this item. There was no public comment. In response to Council questions, Mr. Peterson noted that the plan can be amended at any time during the course of the year. He clarified that the numbering sequence does not necessarily indicate priority of project but the sequence can be changed if Council wishes. He added there is a large backlog of projects for the City. Mr. Peterson noted that local streets which are not identified as arterials or connectors do not qualify for the TIP. The Transportation Functional Plan shows more information about local streets and priorities. There were no comments from the public in response to Council questions. Mayor King closed public testimony on this item. Mr. Gray stated that he lives in the Castle Hill area where there are no sidewalks and bike lanes; he believes the City should be fair about where improvements are made. He does not believe the City has been fair in its use of street funds and he will vote against the resolution on this basis. Discussion continued about the continuing difficulty of providing funding for road City Council Business Meeting July 16, 2012 Page 2 of 9 improvements. Many improvements are dependent on federal and state funding and grants and that partially dictates priorities. There is no disagreement that there are needs for road improvements in many other areas of town. It was also noted that road improvements on major arterials are a means of economic development which will benefit the entire city. Comments were made about how the City has been struggling for years to fund streets that are not eligible for state or federal funding. Staff will provide the map of collector and arterial streets so Council will know which streets are eligible for state and federal funding. Motion: Michelle Sandoval moved to approve Resolution 12 -028 Approving the 2013- 2018 Six -Year Transportation Improvement Program and Authorizing the City Manager to submit this to the State. Catharine Robinson seconded. Vote: motion carried, 5 -1 by voice vote, Robert Gray opposed. The public hearing for the Six -Year Transportation Improvement Plan was concluded. Public Hearing; Resolution 12 -029, Declaring an Approximately 4,580 Square Foot Tract Surplus and Setting Sale Terms (Parcel No. 901084006) City Attorney John Watts reviewed the packet materials. If approved, the Resolution would declare an approximately 4,580 square foot triangle of land surplus to the City's needs. The tract is located in the County and is currently not used as part of the utility or for any other purpose. Given that there is no need for the tract and the tract could not be sold to anyone other than the owners of Lots 9 and 10 (no commercial value), it is recommended that the parcel be sold for $2,000 to the adjacent owners for incorporation into their parcels. Sale proceeds will be credited to the Water /Sewer fund. The City Clerk stated no written comments have been submitted in relation to this item. Ms. Sandoval disclosed that the potential buyers, Roosevelt and Mallard, are real estate clients. There were no objections to her participation in the matter. There was no public testimony. There was brief discussion of the method of determination of assessed value. There was no public comment in response to items raised during Council questions. Public testimony on the matter was closed. Ms. Nelson questioned selling the property at this time while property values are low. It was noted there may not be willing buyers in ten years and there is no reason to believe anyone else would be interested in purchasing the property. Motion: Catharine Robinson moved to approve Resolution 12 -029, Declaring an Approximately 4,580 Square Foot Tract Surplus and Setting Sale Terms. Robert Gray City Council Business Meeting July 16, 2012 Page 3 of 9 seconded. Vote: motion carried, 5 -1 by voice vote, Kris Nelson opposed. The public hearing on Resolution 12 -029 was declared closed. Agreement with Port - Public Hearing and Ordinance 3079, Vacating Certain Rights of Way in Boat Haven (Property Zoned M -II(A) Marine Related Uses), Including Portions of Jefferson Street, San Juan Avenue, 10th Street, 8th Street, Landes Street and Hill Street, and the Alley Between Landes and Hill, Establishing Conditions to the Street Vacation; and Establishing an Effective Date City Attorney John Watts stated that the next six agenda items (four of which are public hearings) relate to the Agreement dated June 13, 2012 between the City and the Port in connection with the Joint Resolution of the City and Port providing for a tentative settlement agreement on a number of matters of mutual concern to the parties. Included is the transfer of Port property near Kah Tai to the City for inclusion in Kah Tai park. The City would take a number of actions in consideration of the Port. If all items are not approved, the property transfers will not occur and the Port Kah Tai lawsuit will resume. An issue has come up recently regarding whether the transfer of docks to the Port includes the land under the docks. The City does not own the land under Union Wharf and has the right to use the Taylor Street right of way. One parcel, Tideland 51, which is entirely under water, was acquired from the County when the interest in Union Wharf was transferred. Regarding City Dock, the City owns the land on both sides of the Madison Street right of way and the City could vacate the right of way. If vacated, the property would go to the City outright, and could be transferred to the Port. Mr. Watts suggested that the Council could approve the transfer on a conditional basis without addressing either ownership of Tideland 51 or a vacation of Madison Street. Public testimony can be taken and then the negotiating teams from the City and Port could be asked to review the matter further and bring back a recommendation. Mr. Watts said that Eric Toews, Port Planner, will not be giving comment tonight but he is present to answer questions. The Clerk stated that no written comments have been received relating to this these items. The Mayor stated that comments on the entire Port process are welcome at this time as well as comments on Ordinance 3079. Public comment: Rick Jahnke thanked the Council for moving things forward to this point. Since the agreement came out, many people have spoken to him and the feelings expressed to him are overwhelmingly relief and support. He hopes all issues can be moved along. City Council Business Meeting July 16, 2012 Page 4 of 9 He added he will not comment on each item but his comment applies to all. He also asked who owns the land next to Taylor Street in the event it would be vacated. Mr. Watts stated that half would go to the Hastings Estate and possibly half would go to the City. Ms. Nelson said she would like to disclose that she owns Tidelands 47 (which is mislabeled on the map). This ownership has no bearing on the matter under discussion. No members of the public had any comments relating to Council questions. Public testimony for this matter was closed. Discussion ensued, regarding the railroad transfer. Mr. Toews noted that the Port's adopted Comprehensive Scheme contains a proposed marina expansion that heads westward toward the railroad Y. The Port would need clear title to expand the marina to the full extent envisioned in the Comprehensive Scheme. There being no further discussion or comment, the public hearing was closed. Motion: Michelle Sandoval moved to approve first reading of Ordinance 3079, Vacating Certain Rights of Way in Boat Haven (Property Zoned M-11(A) Marine Related Uses), Including Portions of Jefferson Street, San Juan Avenue, 10th Street, 8th Street, Landes Street and Hill Street, and the Alley Between Landes and Hill, Establishing Conditions to the Street Vacation; and Establishing an Effective Date. Catharine Robinson seconded. Vote: motion carried unanimously, 6 -0 by voice vote. Agreement with Port - Public Hearing - Ordinance 3078 Amendments to the Nonconforming Use Provisions - Chapter 17.88 PTMC Nonconforming Lots, Structures and Uses and Chapter 20.01 Land Development Administrative Procedures Public Services Director Rick Sepler reviewed the packet materials noting that, after conducting a public hearing, the Planning Commission has recommended that the Council approve the ordinance. He noted that although the amendments were prompted by the Port / City settlement agreement, the City Development Services Department had already planned to revisit the nonconforming use provisions of the municipal code in light of the economic downturn. The amendments would allow a legal nonconforming use to be changed to another similar or less intensive use (city- wide), allow existing non - conforming uses in the M-11(A) Boat Haven District to be relocated within the District, and allow an existing non - conforming use in the M-11(A) Boat Haven District to be expanded subject to certain criteria. The Clerk noted that no written materials have been received in connection with this matter. Public comment: City Council Business Meeting July 16, 2012 Page 5 of 9 Sue Ohleson stated that she and her husband own Sunrise Coffee, which they purchased in 1997. Sunrise Coffee is one of the businesses that will benefit from having the ability to expand within the Boat Haven. She said that Sunrise loves the location and feels it is a significant part of boatyard culture, and the business has been growing even during the economic downturn. She stated they are bursting at the seams and need to secure more space for the growing business. They have achieved all growth goals to date and hope to relocate in a new Port building as soon as possible to continue growing the business. Mr. Sepler confirmed that the 1,500 square feet is an additional amount of space allowed for each business eligible for expansion under the ordinance. There were no comments from the public in response to Council questions. Public testimony was closed. On page 5 of Exhibit A to the ordinance, it was noted that in 17.88 xxx (A) in the last sentence before numbers 1 -4, "change of use" should be changed to "relocation." "The director may approve, or approve with conditions, an application for relocation upon finding....." Motion: Michelle Sandoval moved to approve first reading of Ordinance 3078, Adopting Certain Amendments to the Narrative Text and Tables of Chapter 17.88 Nonconforming Lots, Structures, and Uses and Chapter 20.01 Land Development Administrative Procedures of the Port Townsend Municipal Code (PTMC), 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 RCKO, with language change in Exhibit A as discussed. Kris Nelson seconded. Vote: motion carried unanimously, 6 -0 by voice vote. The public hearing on this matter was declared closed. Agreement with Port - Public Hearing - Resolution 12 -030, Transferring the City Ownership Interest in City Dock (Excluding the Pope Marine Building) and Union Wharf, and the Abandoned Railroad Line in Boat Haven, to the Port, Establishing Conditions to the Transfer; and Establishing an Effective Date City Attorney John Watts reviewed the packet materials. This resolution would provide for transfer of City Dock and Union Wharf and the abandoned railroad line in Boat Haven to the Port, effective only on closing of the Port's transfer of its Kah Tai property to the City. Mr. Watts indicated that this matter deals only with the docks, not the associated rights of way. At this time, there will be no determination on the merits of vacating the right of way as previously discussed. The resolution will be amended to strike the words "including Tideland parcel 51" in (1)(a) on page 2. Port Planner Eric Toews stated that the Port believes that the settlement summary outline clearly contemplated that the City would convey all ownership interest in docks to the Port, and that the expectation was that would include lands as well as facilities if City Council Business Meeting July 16, 2012 Page 6 of 9 the city owned them. Discussion ensued regarding various issues related to dock and land ownership, rights of way, City and RCO( Recreation and Conservation Office) provisions for transfer of the docks, and what protections will remain in place. It was agreed that the steering committee should meet again to clarify all issues relating to the dock transfer. There was no public comment. There was no public comment in response to Council questions and discussion. The public hearing was closed. Motion: Catharine Robinson moved to approve first reading of Resolution 12 -030 Transferring the City Ownership Interest in City Dock (Excluding the Pope Marine Building) and Union Wharf, and the Abandoned Railroad Line in Boat Haven, to the Port, Establishing Conditions to the Transfer, and Establishing an Effective Date, and excluding the phrase on page 2, item a (a) "including Tideland Parcel 51 "and seeking a return from the committee on clarification of the questions raised by Council. Michelle Sandoval seconded. Vote: motion carried unanimously, 6 -0 by voice vote. Ordinance 3080, Vacating a Portion of Madison Street Right of Way Associated with City Dock; Establishing an Effective Date City Attorney John Watts stated that in light of discussion on previous items, that Council would take public comment on this item but defer action until after the City / Port steering committee has met to discuss the remaining issues regarding property transfer. There was no public comment. The Clerk stated that no written comments have been received. It was noted that staff has contracted with a surveyor to create a better map for inclusion in the next packet, which will include a clear indication of what property would be vacated. Public testimony and the public hearing on the matter were closed. UNFINISHED BUSINESS Ordinance 3081 Repealing Port Townsend Municipal Code Chapter 5.46 City Dock and Union Wharf Use Regulations and Charges City Attorney Watts reviewed the two matters under Unfinished Business. Ordinance 3081 repeals the City Dock and Union Wharf use regulations and charges contingent upon the transfer of those facilities to the Port. Ordinance 3082 exempts Boat Haven from stormwater fees. The Port's stormwater system is independent of the City's City Council Business Meeting July 16, 2012 Page 7 of 9 system and the City system does not handle stormwater which originates on the Port property. The Port agrees to maintain and continue to commit an appropriate level of funding for the operation and maintenance of its existing system consistent with legal requirements. In Ordinance 3081, Recital B, staff will research whether the word "grant" should be added before "restrictions" in line 6 to reflect the language in the Summary Outline. There was no public comment on either ordinance. The public hearing was closed. Motion: Kris Nelson moved to approve first reading of Ordinance 3081 Repealing Port Townsend Municipal Code Chapter 5.46 City Dock and Union Wharf Use Regulations and Charges. Deborah Stinson seconded. Vote: motion carried unanimously, 6 -0 by voice vote. Ordinance 3082, Amending the Port Townsend Municipal Code Chapter 13.05 Utility Rates and Charges and Adding a New Section 13.05.055 Boat Haven - Exemption From Stormwater Fees Motion: Kris Nelson moved to approve first reading of Ordinance 3082, Amending the Port Townsend Municipal Code Chapter 13.05 Utility Rates and Charges and Adding a New Section 13.05.055 Boat Haven - Exemption From Stormwater Fees. Catharine Robinson seconded. Vote: motion carried unanimously, 6 -0 by voice vote. NEW BUSINESS Preserve America Grant - Coordinated Signage and Wayfinding Program - Phase 11 Implementation (Directional Signage Consolidation). Public Services Director Rick Sepler introduced consultant Kelly Brandon to review the packet materials regarding Phase II of the Wayfinding program. Mr. Brandon reviewed the presentation in detail and answered questions from the Council. Discussion items included details of the bidding process, process for determining exact content of signage (main "pipeline" and key branches for guiding people to their final destinations), and more details on signage size, placement and content. Council expressed a desire to see the final product before the signs go up. There was no public comment. Motion: Kris Nelson moved to authorize the City Manager to obtain bids and award a contract for the implementation of Phase 11 of the Sign Consolidation and Wayfinding Program (as revised) provided that the total base expense does not exceed $110,000. Michelle Sandoval seconded. City Council Business Meeting July 16, 2012 Page 8 of 9 Vote: motion carried unanimously, 6 -0 by voice vote. PRESIDING OFFICER REPORT Mayor King reported on the recent Mayors meeting regarding potential transportation funding legislation. CITY MANAGER REPORT There was no City Manager's report. SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND /OR STUDY SESSION COMMENTS FROM COUNCIL EXECUTIVE SESSION (NONE) ADJOURN There being no further business, the meeting was adjourned at 9:15 p.m. Attest: Pamela Kolacy, MMC City Clerk City Council Business Meeting July 16, 2012 Page 9 of 9