HomeMy WebLinkAboutFeb 2 1PORT TOWNSEND CITY COUNCIL AGENDA
CITY HALL COUNCIL CHAMBERS, 540 WATER STREET
Business Meeting 6:30 p.m. February 2, 2009
I. Call to Order and Pledge of Allegiance
II. Roll Call
III. Changes to the Agenda
IV. Proclamations
A. Mentoring Month
B. Reading Month
C. Black History Month
V. Special Presentation: Main Street 2008 4th Quarter Report
VI. Comments from the Public (re consent agenda items and items not on the agenda)
(Each person has 3 min. to comment — City Clerk will signal at 2 min. 30 sec.)
A. Public comment
B. City staff response
VII. Consent Agenda
A. Approval of Bills, Claims and Warrants
B. Approval of Minutes: January 5, 2009
C. Resolution 09-005, Confirming Identified Expectations, Challenges and
Opportunities and Priorities from the Council Retreat
D. Resolution 09-008, Revising Resolution 00-058, Concerning Right -of -Way
Acquisition Procedures, Appraisal Waiver Procedures and Designating Staff
Authority Limits in Making Administrative Settlement Offers.
Action: Motion to adopt the consent agenda or request to remove any individual item
from the consent agenda.
VIII. Public Hearing(s)
A. Street Vacation (2nd, 3rd and Spring Streets)
1. Staff presentation
2. Public comment
3. Council deliberation and action
Action: Move (1) to approve the street vacation of 2nd, 3rd and Spring, based on
the City staff position without any changes, and (2) in the alternative, provide
that if the vacation is not acceptable to the Scouts, then approve 3rd Street
vacation only on the basis of 1 SF of vacated 3rd Street ROW for I SF of ROW or,
Discovery.
31
B. Ordinance 3000, vacatingm portion of tip Haines Street Right -of -Way lying
between Discovery RoadOnd 30th Street, subject to exchange of properties
1. Staffpresentation
2. Public comment
3. Council deliberatibu and action
Action.' Move to approve first reading of 0r&nance 3000, vacating a portion of
the Haines Street Right -of -;Way lying between Discovery Road and 30th Street,
subject to exchange ofproperties
I L Unfinished Buslams
A. Ordinance 2999, amending Port Townsend Municipal Code dung pal Chapter 29.05„and ,
Sections .040, .050, and .1?0 relating to Critical Area Appeals
1. Staff presentation
2. Public comment
3. Council delibeta tko and action
Action. Mowe to adlopt'OMnance 2999, amending Port Townsend Miade4ral
Code ChV&er 19 65,- Sect ons .040, .050 and .170 relating to CriticaiAred
Appeals.
B. Resolution 09-007, Authorizing Acquisition of a Public Access Easement from '
the Noxthvwest Maritime Center, and Payment for Streetscape'Design Services
1. Staff presentation
Public comment ±
3. Council deliberation and action
Action; Move to approve Resolution 09-007, Authorizing Acquisition of d Public
Access Easement from the' AiorthwestMaritime Center, and Payment for
Streetscape Design Services
X. New Business;
A. : Resolution 09-006, sudiarizing the City Manager to award and execute a contract
for tbe;pgtehmse and installation of the Jefferson Audio Video System (JAds) and
allocate meads from *e EquipmenUlkental hind for the purchase.
1. Staff presentation
2. Public comment
3. Council deliberation and action
Action: Move to approve Resolution 09-006, authorizing the City Manager to
award and execute a conowt forthe purchase and installation of the Jefferson
Audio Kdeo System (JAVs) and allocate funds from the EquipmenMwalfund
for the -purchase.
)a. Presiding OfWs Report
A, City Manager Evaluation
1. Council presenution
2. Public -comment
3. Council deliberation and action\
Action: Move to approve City Mawgtrperformance evaluation
XII. City Manager's Report
XIII. Standing Committee Reports
A. Alternative Electric Management Committee Recommendation
XIV. Suggestions for next or future agenda, regular meeting and/or study session
XV. Comments from Council
XVI. Executive Session
XVII. Adjourn
Americans with Disabilities Act
In compliance with the Americans with Disabilities Act, those requiring accommodation for this meeting should
notify the City Clerk's Office at least 24 hours prior to the meeting at (360) 379-5045.
City of Port Townsend Meetings Update
January 28, 2009
All meetings will be held in City Hall conference rooms, 250 Madison Street,
unless otherwise noted on the schedule
Thursday, January 29
5:30 Arts Commission Special Meeting (Council Chambers)
* De -accession of Tidal Clock and surrounding site commonly known as the Jackson Bequest
Monday, February 2
LOAM City Council Community Development & Land &Use Committee (Cancelled)
1:00 Arts Commission (I st floor conference rm)
6:30 City Council Business Meeting (Council Chambers)
Tuesday, February 3
3:00 Historic Preservation Committee (3rd floor conference rm)
4:00 City Council General Services Committee (Ist floor conference rm) RESCHEDULED
5:30 Teardown & Bulk/Scale Task Force (3rd floor conference rm)
Thursday, February 5
4:30 Non -Motorized Transportation Advisory Board (1st floor conference rm)
Monday, February 9
6:30 City Council Workshop Meeting (Council Chambers)
Tuesday, February 10
3:00 Historic Preservation Committee Special Meeting (1st floor conference rm)
* Water&ont Streetscape
3:00 Lodging Tax Advisory Committee (3rd floor conference rm)
3:30 PEG Access Coordinating Committee (Gael Stuart Bldg., 1610 Blaine St.)
Thursday, February 12
7:00 Planning Commission (3rd floor conference rm)
Monday, February 16: HOLIDAY — City offices closed
Tuesday, February 17
3:00 Historic Preservation Committee (3rd floor conference rm)
3:30 General Services Committee
5:30 East Jefferson Fire Rescue Joint Oversight Committee (FS 1-5, 35 Critter Ln)
6:30 City Council Business Meeting (Council Chambers)
Saturday, February 21
1 PM Jefferson County Parks & Recreation Planning Workshop (Port Hadlock Inn)
(Meeting is noticed because more than a quorum of City Councilors may attend this meeting;
no city business will be conducted.)
Monday, February 23
3:30 Housing Action Plan Network Committee (San Juan Baptist Church, 1704 Discovery Rd)
4:00 Library Advisory Board (Pink House, 1256 Lawrence St.)
Wednesday, February 25
3:30 Climate Action Committee (Pope Marine Park Bldg.)
Thursday, February 26
4:00 City Council Finance & Budget Committee (1st floor conference rm)
7:00 Planning Commission
Monday, March 2
10 AM City Council Community Development & Land Use Committee (1st floor conference rm)
1:00 Arts Commission (Ist floor conference rm)
For up to the minute meeting updates and City Council meeting agendas, please visit our website at www,citvofnta
City of Port Townsend
Office of the Mayor
250 Madison Street, Suite 2, Port Townsend, WA 98368
(360) 379-5047 FAX (360) 385-4290
PROCLAMATION
WHEREAS, everyone remembers someone special — a neighbor, teacher, relative or
friend who broadened our horizons and made a big difference in our lives; and
WHEREAS, one way to return the favor is to mentor a child; and
WHEREAS, every adult has something to offer, and a few hours a couple of times a
month can make a big difference in a child's life; and
WHEREAS, research has shown that children engaged in the one-to-one, professionally
supported mentoring programs of Big Brothers Big Sisters are more likely to finish high school
and less likely to begin using drugs and alcohol, skip school, or be involved in violence; and
WHEREAS, Big Brothers Big Sisters of Puget Sound provided over 200 children with
mentoring matches in Jefferson County last year and has a vision to provide successful mentoring
relationships for all children who need and want them, contributing to better schools, brighter
fixtures, and stronger communities for all; and
WHEREAS, January has been designated as National Mentoring Month, calling on
adults across America to get involved with mentoring programs,
NOW THEREFORE, I, Michelle Sandoval, Mayor of the City of Port Townsend, do
hereby proclaim January 2009 as
MENTORING MONTH
and encourage all our citizens to support mentoring and give young people in our community
the gift of time and friendship through Big Brothers Big Sisters of Puget Sound or other
mentoring programs in our community.
Michelle Sandoval, Mayor
February 2, 2009
OF PORT rO�
City of Port Townsend
Office of the Mayor
250 Madison Street, Suite 2, Port Townsend, WA 98368
(360) 379-5047 FAX (360) 385-4290�w
PROCLAMATION
WHEREAS, in cities all across America people are coming together to read a single title as a
unified community; and
WHEREAS, the citizens of the City of Port Townsend are coming together in such a city-wide
reading effort, thus declaring with one voice that reading is not only a source of individual pleasure, but a
tool for community -building; and
WHEREAS, Bruce Barcott, author of The Measure of a Mountain: Beauty and Terror on
Mount Rainier, this year's selected title, will journey to Port Townsend to address an audience of
readers and interested fans; and
WHEREAS, the people of Port Townsend are inspired by spectacular views of mountains on
three sides; and
WHEREAS, this book will explore mountains in terms of their beauty, holiness, power, anger,
flora and fauna, as well as factors that impact long term sustainability including recreational use and
natural disaster, thus making The Measure of a Mountain the perfect choice for the library's fourth
Community Read; and
WHEREAS, the Port Townsend Public Library has secured assistance and support from the Port
Townsend & Jefferson County Leader, Friends of the Port Townsend Library, Port Townsend School
District, William James Bookseller, Mt. Rainier National Park, Main Street, Fort Worden State Park,
Northwinds Arts Alliance, Wildernest, and a grant from the Washington State Library with funding from
the Institute of Museum and Library Services to develop and promote the broad -based reading effort; and
WHEREAS, an exciting series of events, programs, and discussions is planned for the month of
March 2009,
NOW, THEREFORE, I, Michelle Sandoval, Mayor of the City of Port Townsend, do hereby
proclaim the month of March 2009 as
Reading Month
in the City of Port Townsend and urge all citizens of the community to join me in this endeavor to
promote reading and literary discussion.
Michelle Sandoval, Mayor
February 2, 2009
City of Port Townsend
Office of the Mayor
250 Madison Street, Suite 2, Port Townsend, WA 98368
(360) 379-5047 FAX (360) 38542904 w
PROCLAMATION
WHEREAS, African Americans have played significant roles in the history of
Washington State's economic, cultural, spiritual and political development while working
tirelessly to maintain and promote their culture and history; and
WHEREAS, in 1976, Black History Month was formally adopted to honor and
affirm the importance of Black History, which goes back thousands of years and
includes some of the greatest, most advanced and innovative societies in our history
that we can all draw inspiration from; and
WHEREAS, Black History Month is a time for all Americans to remember the
stories and teachings of those who helped build our nation, took a stance against
prejudice to build lives of dignity and opportunity, advanced the cause of civil rights, and
strengthened families and communities; and
WHEREAS, during Black History Month all Americans are encouraged to reflect
on past successes and challenges of African Americans and look to the future to
continue to improve society so that we live up to the ideals of freedom, equality and
justice,
NOW, THEREFORE, I, Michelle Sandoval, Mayor of the City of Port Townsend,
do hereby proclaim the month of February 2009 as
BLACK HISTORY MONTH
in the City of Port Townsend and encourage all residents to join me in honoring the
many contributions made by African Americans throughout this region and our country.
Michelle Sandoval, Mayor
February 2, 2009
DRAFT
CITY OF PORT TOWNSEND
CITY COUNCIL
MINUTES OF THE REGULAR SESSION OF JANUARY 5, 2009
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
The City Council of the City of Port Townsend met in regular session the fifth day of
January, 2009, at 6:30 p.m. in the Port Townsend City Council Chambers of City
Hall, Mayor Michelle Sandoval presiding.
CZ97IS9_\44
Council members present at roll call were Brent Butler, David King, Michelle
Sandoval, George Randels, Catharine Robinson, Laurie Medlicott and Mark Welch.
Staff members present were City Manager David Timmons, City Attorney John
Watts, Public Works Director Ken Clow, Planning Director Rick Sepler, Police Chief
Conner Daily, and City Clerk Pam Kolacy.
CHANGES TO THE AGENDA
Mr. Butler asked to schedule discussion of a memo he distributed at the beginning of
the meeting regarding affordable housing issues. Ms. Sandoval stated the
discussion could come later in the meeting under "future agendas" or "Council
member comments".
COMMENTS FROM THE PUBLIC (consent and non -agenda items)
Paul Richmond asked the Council to oppose the presence of the Border Patrol in our
area and asked them to look at long term solutions for affordable housing.
Pete von Christierson, representing Homeward Bound, referred to Mr. Butler's
memo and asked the City to review options for asking developers to partner with
non-profit organizations to provide affordable housing.
Susan Langlois spoke regarding critical areas regulations. She provided a map for
the council showing properties in the Kate's Meadow area.
CONSENT AGENDA
Mr. Randels noted a typo in the minutes of December 8 (Council met in Council
Chambers, not third floor conference room).
City Council Business Meeting Page 1 January 5, 2009
DRAFT
Ms. Robinson moved for adoption of the following items on the consent agenda with
correction to the December 8 minutes. Mr. Randels seconded. The motion carried
unanimously, 7-0, by voice vote.
Approval of Bills. Claims and Warrants
Vouchers 106543 through 106667 (plus EFTs) in the amount of $504, 232.06
Vouchers 106669 through 106758 in the amount of $288, 592.53
Approval of Minutes: December 1, 2008
December 8, 2008 — Special Meeting
December 8, 2008 - Workshop
Resolution 09-001, Initiating a Street Vacation Process (concerning a portion of
Haines Street near Discovery Road) and Fixing the Time for Hearing on a
Street Vacation (February 2, 2009).
UNFINISHED BUSINESS
PURCHASE OF KOSEC FUNERAL HOME — POLICE STATION RE -LOCATION;
AUTHORIZATION FOR WATER TRANSMISSION TAP
Mr. Timmons reviewed the packet materials. He noted that there is an opportunity
to apply for funding to the US Department of Agriculture and staff needs
authorization to put the paperwork together. Regarding the water tap, the purpose
would be for a hydrant only.
Public Comment:
David Goldman asked why funding for this project would come from the Department
of Agriculture.
Mr. Timmons explained that USDA funds are available only to rural areas and that is
why Port Townsend is eligible.
Ms. Robinson stated she is not comfortable taking an action that links the purchase
agreement with the water tap authorization.
Ms. Sandoval agreed, noting authorization of a water tap outside the service area
would set a precedent.
Ms. Sandoval stated she has received questions from citizens and asked Mr.
Timmons to review alternative locations for the Police facility. Mr. Timmons replied
that various sites have been studied, including Mountain View, and the Kosec site
has emerged as the most cost effective and accessible location. Police Chief Daily
added that moving the station out of the downtown area will assure better access
City Council Business Meeting Page 2 January 5, 2009
DRAFT
during events that tie up downtown streets. He also added that the call volume is
increasing on Upper Sims and neighborhoods that are nearby the Kosec site.
In response to Mr. Butler, Mr. Timmons stated that neither the potential third floor of
Historic City Hall nor the Post Office Building have ever been considered for a Police
station. Staff will make the police facility study and the updated appraisal of the
post office available.
Motion: Mr. King moved to authorize the City Manager to arrange necessary
financing and to execute a purchase and sale agreement for the purchase of Kosec
Funeral Home for not to exceed $1,250,000 including authorization for Kosec to tap
the transmission line for fire service, subject to Council approval of financing. Mrs.
Medlicott seconded.
Motion to amend: Ms. Robinson moved to strike the reference in the main motion to
tapping the transmission line.
Motion to amend was accepted by consensus.
Vote: (authorize the City Manager to arrange necessary financing and to execute a
purchase and sale agreement for the purchase of Kosec Funeral Home for not to
exceed $1,250,000 subject to Council approval of financing.) Motion carried
unanimously, 7-0, by voice vote.
Motion: Mr. Randels moved to authorize the City Manager to meet with the
applicant and other parties as necessary to consider a recommendation to the
Council for tapping the transmission pipeline for fire service for the new Kosec
facility. Mr. Welch seconded.
Ms. Robinson stated that she is not sure she wishes staff to talk with the owners
prior to some Council process on the issue of water taps outside the City's service
area. Ms. Sandoval agreed, saying she would rather slow down and formulate a
policy to be used for all such requests.
Mrs. Medlicott stated the business owner will need fire flow to operate the business;
she is reluctant to completely stop consideration of the water tap. Ms. Sandoval
noted that there are alternatives for business owners, such as sprinkler systems
within the building.
Mr. Timmons suggested delaying action until staff has more information to present to
the Council.
Mr. Randels stated he would suggest tabling the motion until staff can bring forward
further information. There were no objections. Motion was tabled.
City Council Business Meeting Page 3 January 5, 2009
DRAFT
ORDINANCE 2998
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PORT
TOWNSEND MUNICIPAL CODE CHAPTER 2.32, AND SECTION 2.32.020
RELATING TO PLANNING COMMISSION MEMBERSHIP AND TERMS OF
OFFICE
Planning Director Rick Sepler reviewed the packet materials. In response to Mr.
King, he noted there are currently six seated Planning Commission members.
Public comment:
David Goldman: regarding relationship of Granicus system and reduction in
number of Planning Commissioners.
Mr. Timmons noted that there will be voting stations and set up for seven members
after the system is installed as well as standardization of agendas and minutes; it is
easier to standardize with the same number of members in each body (Council and
Planning Commission).
Motion to amend: Mr. Randels moved to amend the language in 2.32.020
Membership as proposed by replacing "The committee" with The Planning
Commission" and by removing the words `not less than" before "seven" so the
sentence would read., "The Planning Commission shall consist of seven members. `
Mrs. Medlicott seconded. Vote: the motion carried unanimously, 7-0, by voice vote.
Motion: Mr. Randels moved to waive Council rules and adopt Ordinance 2998 as
amended. Mrs. Medlicott seconded. Vote: motion carried unanimously, 7-0, by
roll call vote.
ORDINANCE 2999
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PORT
TOWNSEND MUNICIPAL CODE CHAPTER 19.05, AND SECTIONS .040, .050,
AND .170 RELATING TO CRITICAL AREA APPEALS
City Attorney John Watts reviewed the packet materials. The ordinance changes an
existing appeal to the City Council (on whether critical areas are present or not) to
an appeal to the Hearing Examiner. The change also consolidates any appeal by
third parties on the issue of presence of wetlands with an appeal of the project. This
removes potential multiple appeals (one to City Council on the presence of critical
areas, and another to the Hearing Examiner on the project permit). The owner would
still have an intermediate appeal on the issue.
Public comment:
David Goldman stated he believes the example provided in the agenda bill is
factually incorrect. He suggested an amendment to 19.05.040 (E) (1), in the ninth
City Council Business Meeting Page 4 January 5, 2009
DRAFT
line, add the words "or its buffer" after "area" so the phrase reads "that a site is, or is
not, within a critical area or its buffer," to provide internal consistency.
In response to a question from Ms. Robinson, Mr. Watts replied that there is a
different process for appeals by property owners and by third parties. Letting third
parties have more than one appeal is contrary to the Growth Management Act,
which allows only one open record appeal per project. An intermediate appeal of the
decision is available to the property owner and does not violate GMA (and saves the
owner the cost of CAO permitting and special studies if the owner successfully
appeals a requirement to obtain a CAO permit).
Mr. Watts stated he would rather not amend the ordinance per Mr. Goldman "on the
fly" but wait for a more reasoned answer when the ordinance comes forward for
second reading.
In response to Mr. Welch's question, Mr. Watts stated that the buffer is considered a
component of a critical area.
Motion: Mr. Butler moved for first reading of Ordinance 2999. Mr. Randels
seconded. The motion carried, unanimously, 7-0, by voice vote.
PRESIDING OFFICER'S REPORT
PLANNING COMMISSION APPOINTMENT
Motion: Mrs. Medlicott moved to accept the Mayor's recommendation and confirm
the reappointment of Kristen Nelson to the Planning Commission (Position #4, term
expires Dec. 31, 2011). Mr. Randels seconded. The motion carried unanimously,
7-0, by voice vote.
Mayor Sandoval also acknowledged the loss to the community of Dr. Bill Medlicott
and offered condolences to Councilor Laurie Medlicott.
She reminded the Council of the joint meeting with the Board of County
Commissioners scheduled for January 12 and the Council retreat scheduled for
January 24.
CITY MANAGER'S REPORT
City Manager Timmons reported on:
Washington State Ferries: meetings are beginning on options for the future. The
city will be scheduling a meeting with the ferry partnership group and then reporting
to the Council
City Council Business Meeting Page 5 January 5, 2009
DRAFT
The City is high on the list for economic stimulus funding from the Department of
Transportation for the Upper Sims project; there is potential to add the stretch from
Sheridan to the ferry terminal.
Regarding the Tidal Clock, the City is recommending partial de -accession; the Arts
Commission will hold a hearing on the subject and the proceedings and process
should begin within 30-45 days.
Mr. Timmons complimented the Public Works crew members on their excellent
performance during the recent winter storms. Council members also expressed their
appreciation.
SUGGESTIONS FOR NEXT OR FUTURE AGENDAS
Mr. Butler referred to his memo dated January 2, 2009 regarding Affordable Housing
Opportunities.
Mrs. Medlicott asked that the discussion be postponed until a future meeting or
retreat when Councilors have had time to read the memo.
Ms. Sandoval suggested that this specific recommendation should be routed through
the Housing Action Plan Network so that the proper protocol is followed. She added
that the memo and process can also be discussed at the retreat.
EXECUTIVE SESSION
The Mayor announced the Council would go into executive session at 8:25 p.m. to
discuss a personnel matter involving an employee performance review. She stated
the session would be about 15 minutes, with no action anticipated at the end of the
session. Mrs. Medlicott was excused from the session.
RECONVENE
The meeting was reconvened at 8:45 p.m.
ADJOURN
There being no further business, the meeting was adjourned at 8:46 p.m.
Attest:
Pamela Kolacy, MMC
City Clerk
City Council Business Meeting Page 6 January 5, 2009
CITY OF PORT TOWNSEND
City Council Meeting Date: February 2, 2009
_ X _ Regular Business Meeting
_ Study Session
Other: (specify)
Department: Legal
Contact: John Watts
Agenda Bill: AB09-010
Agenda Item: VII. C
Date Submitted: 1/28/08
Phone: #385-5991
.....................................................................................................................
SUBJECT: Resolution 09-005, Confirming Identified Expectations, Challenges and
Opportunities and Priorities from the Council Retreat
.......................................................................
CATEGORY:
X Consent X Resolution
_ Ordinance _ Staff Report
X Business _ Proclamation
Contract Approval _ FYI
.............................................
BUDGET IMPACT:
Amount Budgeted: $
Expenditure Amt: $
Contingency Req'd: $
Supplemental Req'd.
....................................................................................................................
SUMMARY STATEMENT: The City Council met for a retreat on Saturday, January 24, 2009
and discussed possible work plan priorities, and individually identified expectations, challenges
and opportunities and priorities. The attached Resolution documents the process and outcomes,
including, plans for a follow-up retreat for re -assessment sometime shortly after the next 120
days.
ATTACEMENTS: Resolution 09-005
.....................................................................................................................
CITY COUNCIL COMMITTEE RECOMMENDATION: N/A
.....................................................................................................................
RECOMMENDED ACTION: Move to approve Resolution 09-005, Confirming Identified
Expectations, Challenges and Opportunities and Priorities from the Council Retreat.
If adopted as part of the Consent Agenda, no further action is needed; this effectively represents
unanimous adoption/approval of
.....................................................................................................................
ALTERNATIVES: Remove from Consent Agenda for discussion, take action as Council
deems appropriate; take no action; refer to committee or staff for further action; postpone action.
APPROVED FOR SUBMITTAL BY:
Department Director or
Name ouncil Co ittee &Date of Motion
City Yanager
CITY CLERK'S USE ONLY
COUNCIL ACTION TAKEN
Resolution No. Continued to
Ordinance No. Referred to
Approved Failed
Other
` J )✓� - DISTRIBUTION AFTER COUNCIL ACTION
City Attorney
RESOLUTION NO.09-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND,
WASHINGTON, CONFIRMING IDENTIFIED EXPECTATIONS, CHALLENGES AND
OPPORTUNITIES AND PRIORITIES FROM THE COUNCIL RETREAT
WHEREAS, the City Council met for a retreat on Saturday, January 24, 2009 and
discussed possible work plan priorities, and individually identified expectations, challenges and
opportunities and priorities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Port
Townsend confirms the work plan priorities, and expectations, challenges and opportunities and
priorities as set forth on the attached Exhibit A.
The City Council states its intention to hold a follow-up retreat for re -assessment
sometime shortly after the next 120 days.
ADOPTED by the City Council of the City of Port Townsend at a regular
meeting thereof, held this second day of February, 2009.
Attest:
Pamela Kolacy, MMC
City Clerk
Michelle Sandoval, Mayor
Approved as to form:
John P. Watts
City Attorney
Resolution 09-005
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Public Investment
Logistical Issues
More preparation for meetings;
Infrastructure
Ambitious program
access staff with questions or
(Economic
Capacity: Council/Staff time
need for background
Development)
Economic uncertainty
Regs (ie stormwater)
Reserve capacity
"Herding cats" in Olympia/ DC
Work already done
Unanticipated issues/actions
Accomplishments - community is
Things outside our control
better
Not deciding
Development of Waterfront -
Communications - get message
Mooring, customs, boating
out
Granicus
Granicus
Education
"Punishment of good deeds"
Success! Better Schools!
Communication
Communication
Housing
Fractionalized delivery capacity
Encourage next setp
Roles
Other jurisdictions/agencies
Funding - Resources
(Port, County)
Can help direct, empower,
enable
Quality of Life
Not visible - perhaps more
Communication
important!
Town meeting - economic
Nexus -Funds
strategy?
Individual preference -
Paint the whole picture
competition
Visioning
Changing nature and economy
Open for business
Capacity
CITY OF PORT TOWNSEND Agenda Bill: AB09-018
City Council Meeting Date: February 2, 2009 Agenda Item: VII. D
_X_ Regular Business Meeting
_ Study Session Date Submitted: 1/30/2009
Other: (spec)
Department: Legal Contact: John Watts Phone: #385-5047
SUBJECT: Resolution 09-008, Revising Resolution 00-058, Concerning Right -of -Way
Acquisition Procedures, Appraisal Waiver Procedures and Designating Staff Authority Limits in
Making Administrative Settlement Offers
CATEGORY: BUDGETIMPACT:
_ Consent X_ Resolution Amount Budgeted: $
_ Ordinance _ Staff Report Expenditure Amt: $
X_ Business _ Proclamation Contingency Req'd: $
_ Contract Approval _ FYI Supplemental Req'd.
_ Other Dept/Budget Code:
Public Hearing (see note below)
Legislative _ Quasi-judicial closed record
Quasi-judicial open record _ Quasi-judicial closed record appeal
NOTE: If the Public Hearing is quasi-judicial in nature, then the appearance of fairness and
conflict on interest rules apply. Except at the public hearing, communicating with other
councilmembers, and contact with proponents or opponents must be avoided
.....................................................................................................................
SUMMARY STATEMENT: This matter comes before the Council to approve minor changes
to Resolution 00-058 on the City's right of way (ROW) acquisition procedures. The City is in
the process of starting negotiations to acquire ROW in connection with the upper Sims Way
project. Council authorized upper Sims Way project right of way acquisition by Resolution 08-
039 (Nov. 10, 2008; 5-1, Medlicott opposed, King excused). The City reviewed its existing
procedures with Washington State Dept. of Transportation (WSDOT), and WSDOT recommends
the changes as shown on the draft Resolution. Adding the City Attorney to section LD allows
the City Attorney to perform acquisition/negotiations (to save costs on outside contractors). The
other changes are consistent with updates to WSDOT guidelines adopted since the City's prior
Resolution in 2000.
ATTACHMENTS: Resolution 09-008
.....................................................................................................................
CITY COUNCIL COMMITTEE RECOMMENDATION: N/A
.....................................................................................................................
RECOMMENDED ACTION: Move to approve Resolution 09-008, Revising Resolution 00-
058, Concerning Right -of -Way Acquisition Procedures, Appraisal Waiver Procedures and
Designating Staff Authority Limits in Making Administrative Settlement Offers
ALTERNATIVES: Take no action. Refer to committee or staff for further action. Postpone
action.
.....................................................................................................................
APPROVED FOR SUBMITTAL BY:
Department Director or
Name of Council Committee & Date of Motion
City M pager
�� t)
City Attorney
CITY CLERK'S USE ONLY
COUNCIL ACTION TAKEN
Resolution No. Continued to
Ordinance No. Referred to
Approved Failed
Other
DISTRIBUTION AFTER COUNCIL ACTION
RESOLUTION NO. 09-008
A RESOLUTION OF THE CITY OF PORT TOWNSEND REVISING RESOLUTION 00-058,
CONCERNING RIGHT-OF-WAY ACQUISITION PROCEDURES, APPRAISAL WAIVER
PROCEDURES AND DESIGNATING STAFF AUTHORITY LIMITS IN MAKING
ADMINISTRATIVE SETTLEMENT OFFERS
WHEREAS, City of Port Townsend, desiring to acquire Real Property in accordance with
the State Uniform Relocation Assistance and Real Property Acquisition Act (Ch. 8.26 RCW) and
State Regulations (Ch. 468-100 WAC) and applicable Federal Regulations adopted the
procedures in Resolution 00-058 to implement the above statutes and Washington
Administrative Code, and now desires to update and modify that Resolution by this Resolution
(with changes shown in strike underline), and
WHEREAS, the City Manager is responsible for the real property acquisition and
relocation activities on projects, administered by the City of Port Townsend, and
WHEREAS, to fulfill the above requirements, the City Manager will acquire rights -of -
way in accordance with the policies set forth in the Washington State Department of
Transportation (WSDOT) Right of Way Manual (M26-01) and Local Agency Guidelines Manual
(M36-6), and
WHEREAS, the following Right -of -Way Acquisition Procedures appoints staff
responsible for the various elements of the right-of-way acquisition process, and
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Port
Townsend that the City adopt the following Right -of -Way Acquisition Procedures, Appraisal
Waiver Procedure and Administrative Settlement Offer Authority Limits for the acquisition of
real property:
Section 1. Right -of -Way Procedure. City of Port Townsend has the following expertise and
personnel capabilities to accomplish these functions:
A. Program Administration -
City Manager
Project Managers under direction of the Public Works Director
B. Appraisal-
WSDOT and/or Consultant
C. Appraisal Review-
WSDOT and/or Consultant
D. Acquisition Negotiator -
City Attorney, WSDOT and/or Consultant
E. Relocation-
WSDOT and/or Consultant
Resolution 09-008
F. Property Management -
Public Works Director / City Engineer
Project Managers
Any functions for which the Agency does not have staff will be contracted for
with WSDOT, another local agency with approved procedures or an outside
contractor. An AGENCY that proposed to use outside contractors for any of the
above functions will need to work closely with the WSDOT Local Agency
Coordinator and Highways and Local Programs to ensure all requirements are
met. When the AGENCY proposed to have a staff person negotiate who is not
experienced in negotiation for FHWA funded projects the Coordinator must be
given a reasonable opportunity to review all offers and supporting data before
they are presented to the property owners.
Section 2. City of Port Townsend Appraisal Waiver Procedure. The City of Port Townsend
desiring to acquire Real Property according to 23 CFI?, Part 635, Subpart C and
state directives and desiring to take advantage of the $10,000.00$25,000 appraisal
waiver process approved by the Federal Highway Administration for Washington
State, hereby agrees to follow the procedure approved for the Washington State
Department of Transportation as follows:
RULES
A. The City of Port Townsend may elect to waive the requirement for an appraisal if
the acquisition is simple and the compensation estimate indicated on the Project
Funding Estimate (PFE) is $18, )00.0025.000 or less including cost -to cure items.
B. The Agency must make the property owner(s) aware that an appraisal has not
been done on the property and that one will be completed if they desire.
C. Special care should be taken in the preparation of the waiver. As no review is
mandated, the preparer needs to assure that the compensation is fair and that all
the calculations are correct.
19019-111181.i0
A. An Administrative Offer Summary (AOS) is prepared using data from the Project
Funding Estimate (PFE).
B. The AOS is submitted to the City Manager or designated representative for
approval.
C. The City Manager signs the AOS authorizing a first offer to the property
owner(s).
Just Compensation includes amounts for the value of the lands and improvements acquired for
the project, uneconomic remnants, damages, and deductions for special benefits.
Section 3. Administrative Settlement Offer Authority limits. Administrative settlements may
be required, in addition to Just Compensation in order to acquire needed Right -of -
Way. Administrative Settlements can help mitigate or eliminate costly
condemnation litigation and project construction schedule delays. The Project
Resolution 09-008
0
Parcel Negotiation Diary shall contain rationale, justification and/or
documentation for the Settlement Offer. The authority granted to City officials to
provide Administrative Settlement Offers is as follows:
A. Acquisition Negotiator
A counter-offer of Just Compensation plus an Administrative Settlement up to
20 of the just r,,mpen...at:..„ r $5,000.00, whiehever is less.
B. Project Manager
A counter-offer of Just Compensation plus an Administrative Settlement up to
3 nod of the just t'.....„,,nsation or $10,000,00, whiehever is leas.
C. City Manager
A counter-offer of Just Compensation plus an Administrative Settlement up to
50o of the ust ram,.„,„e„s do ft - $15,000.00, -^r"��s.
D. City of Port Townsend Citv Council Members
exeeeding 50 of the just r,empe„s atieB a n counter offer of Just
Compensation plus an Administrative Settlement uP to or exceeding of
$15,000.00,orgrea4er.
Section 4. All projects shall be available for review by the Federal Highway Administration
and the State of Washington at any time. All project documents shall be retained
and available for inspection during the plan development, right-of-way and
construction stages and for a three (3) year period following acceptance of the
projects by WSDOT.
Section 5. WSDOT approval of City of Port Townsend's procedures, contained herein, may
be rescinded at any time should City of Port Townsend be found to no longer
have qualified staff or is found to be in non-compliance with applicable WSDOT
regulations. The rescission may be applied to all or part of the functions approved.
APPROVED BY the City Council and signed by the Mayor this 2nd day of February 2009.
ATTEST:
Pamela Kolacy, MMC
Mayor Sandoval
APPROVED AS TO FORM:
John Watts, City Attorney
Resolution 09-008
Approved by:
WASHINGTON STATE DEPARTMENT
OF TRANSPORTATION
Real Estate Services Date
4 Resolution 09-008