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HomeMy WebLinkAbout020309• CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF FEBRUARY 2, 2009 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session the second day of February, 2009, at 6:30 p.m. in the Port Townsend City Council Chambers of City Hall, Mayor Michelle Sandoval presiding. ROLL CALL Council members present at roll call were Brent Butler, David King, Laurie Medlicott, Michelle Sandoval, George Randels, and Catharine Robinson. Mark Welch was excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Mayor Sandoval stated that Mrs. Medlicott has requested that Item D be removed • from the Consent Agenda; it will be addressed under Unfinished Business, Item C. PROCLAMATIONS Mayor Sandoval read the following proclamations: National Mentoring Month Reading Month Black History Month SPECIAL PRESENTATION: MAIN STREET 2008 4T" QUARTER Main Street President Susan Windle reviewed Main Street's fourth quarter 2008 report. COMMENTS FROM THE PUBLIC (consent and non-agenda items) Mike Nissen asked the Council to consider revising the existing noise ordinance to address noise concerns in the Uptown Commercial district. He specifically identified noise caused by patrons of bars who must now go outside the building to smoke. City Council Business Meeting Page 7 February 2, 2009 • CONSENT AGENDA Motion: Ms. Robinson moved for approval of the following items on the Consent Agenda. Mr King seconded. The motion carried unanimously, 6-0, by voice vote. Approval of Bills, Claims and Warrants Vouchers 106959 through 106976 in the amount of $3, 082.64 Voucher 107079 in the amount of $1,548.00 Approval of Minutes of January 5, 2009 Resolution 09-005, Confirming Identified Expectations, Challenges and Opportunities and Priorities from the Council Retreat. PUBLIC HEARINGS STREET VACATION (2ND 3RO AND SPRING STREETS) Mayor Sandoval reviewed the rules of procedure for public hearings. No Council members had any financial or property interests to disclose regarding the subject of either hearing. • City Attorney John Watts reviewed the packet material. He called attention to the table in the materials which outlines the remaining issues where the City position differs from the Scout/Legion proposal, either because of stated differences or because of lack of response from the ScoutiLegion group. The City Clerk confirmed that no written public comment materials have been received in connection with the public hearing. Public comment Pat McMinds, President of Fred Lewis Scout Cabin Association stated the group will need a building permit soon and that they need the street vacation in order to proceed with building. Ralph Ericksen, member of the Cabin Association and construction coordinator for the project, read aloud a letter which he then provided for the record. Ken McMillan stated that the Association needs the Third Street vacation and the rest of the proposal makes things too complicated and could be addressed at a later date. He stated the process should be simplified for the current needs of the Association. • City Council Business Meeting Page 2 February 2, 2009 • Joe Carey, member of American Legion and Vice President of the Association, stated that the American Legion backs the application and the project. Jolly Wahlstrom, representing the Non-Motorized Transportation Advisory Board, stated the group supports the vacation and concurs with the City staff's proposal. He stated the City must take the long view and remember that many streets were vacated in the 1970's which now cannot be used for trails because no easements were retained. That is why NMTAB suggested the 15 foot trail easement over the water line on the east side of the property. Staff response Mr. Watts stated that City rights of way are used for other purposes besides streets, such as non-motorized and stormwater uses (and thus streets are only one significant use of rights of way for the City). He affirmed that the City's intent is to resolve the remaining issues and assist in having the cabin built as quickly as possible. Questions from Council members Ms. Robinson asked why the City would accept an easement along Discovery rather than a right of way. Mr. Watts stated that staff was willing to accommodate the restrictions sought by the Scouts on the 20 foot easement; by limiting uses to trails, • bike lanes, sidewalks & utilities, a three lane street configuration could still be accommodated on Discovery. In response to Ms. Robinson, Mr. Watts noted that the proposal to waive fees for the Association far application and publication would amount to a total cost between $600 and $700. Regarding the proposal to vacate only Third Street, Mr. Watts stated that the staff's proposal is an exchange of square feet 8,000 feet of Third Street right of way for 8,000 square feet of right of way along Discovery; the Scout position is that the Discovery right of way would be appraised and the Scouts would pay the city for that rather than exchanging the properties one for one. Ms. Robinson asked if the Scouts would pay property taxes on the Spring Street extension if the City were to vacate. Pat McMinds stated that the Legion had a property tax waiver and the Association has applied far the same waiver. Mr. Randels asked about dates on the submittals from the Association. Mr. Ericksen stated the application was dated in October or November of 2008 and the letter read tonight is dated Feb. 2. City Council Business Meeting Page 3 February 2, 2009 • In response to Mr. King, Mr. Ericksen stated that the Scouts are concerned about large power lines and would like to be able to negotiate directly with private utility providers who request use of the easement. Mr. King suggested that there be a provision that all private utilities would have to be placed underground; Mr. Ericksen noted that the Scouts would also like any compensation for those uses to accrue to them directly. In response to Mr. Butler, Mr. Watts stated that a clause could be added to the vacation agreement reserving the right for the Scouts to negotiate future private underground utilities. Mr. Timmons noted the City and Association have been in this process quite some time and would like to get closure so the project can move forward. An exchange of square footage for square footage would allow the vacation of the right of way without compensation. The City is trying to avoid the cash outlay and figure out an equitable arrangement. Clarifications from the public regarding Council questions Mr. Ericksen stated regarding ownership of the property is deeded to the Fred Lewis Association with a reversionary clause to the American Legion and an underlying clause deeding the park to the City if the Legion doesn't use it. • Council Discussion Ms. Robinson suggested the standard Third Street vacation only could take place tonight as further negotiation will take time. Mr. Randels stated that even that would take time since an appraisal would be required. He stated the Council and Scouts are close and should try to reach an agreement on the entire package. Mr. King supported moving the issue quickly to the Special Projects Committee. Ms. Sandoval agreed that the parties are not far from agreement and many of the details are non-issues because the parties agree. She stated it will be better for the Scouts and community to work out the easement issues now so there is assured safe access to the property. She also noted that she believes the conservation easement should be part of the agreement since the Scouts have stated they have no intention of taking the trees down. Motion: Ms. Robinson moved to send the matter to the Special Projects Committee. Mrs. Medlicotf seconded. The motion carried unanimously, 6-0, by voice vote. RECESS Mayor Sandoval declared a recess at 8:03 p.m. for the purpose of a break. City Council Business Meeting Page 4 February 2, 2009 • RECONVENE The meeting was reconvened at 8:15 p.m. ORDINANCE 3000 AN ORDINANCE VACATING A PORTION OF THE HAINES STREET RIGHT OF WAY LYING BETWEEN DISCOVERY ROAD AND 30T" STREET, SUBJECT TO THE EXCHANGE OF PROPERTIES City Attorney John Watts distributed a revised map from the surveyor showing minor changes. He noted there are no issues between the City and property owners regarding the transaction. The City Clerk stated that no written public hearing materials had been submitted. There were no public comments. Motion: Mr Butler moved for first reading of Ordinance 3000. Mr. King seconded. Motion to amend: Mr. Randels moved to amend the motion to include waiving Council rules for two readings and adopting the ordinance. Mrs. Medlicott seconded. Vote on motion to amend: motion carried, 5-7, by voice vote, Butler opposed. Vofe on main motion (waive Council rules and adopt Ordinance 3000 including revised mapJ carried unanimously, 6-0, by roll call vote. UNFINISHED BUSINESS ORDINANCE 2999 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDNG 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 material, noting that Council approved first reading on January 5. The ordinance has one change from that reading, suggested by a citizen at the last meeting, to incorporate "or its buffer" in section E 1 (so phrase reads "within a critical area or its buffer"). Mr. Randels noted that "or its buffer" was not added to other appropriate places in the ordinance, specifically pages 6 and 7. After discussion, it was determined that the addition was not needed on page 6, but would be appropriate on page 7 (F, 1, • City Council Business Meeting Page 5 February 2, 2009 • second paragraph). Council agreed by consensus to amend the ordinance to add the change on page 7. There was no public comment. Motion: Mr. Randels moved to adopt Ordinance 2999 with the change on page 7. Mr. Butler seconded. The motion carried unanimously, 6-0, by voice vote. RESOLUTION 09-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING ACQUISITION OF A PUBLIC ACCESS EASEMENT FROM THE NORTHWEST MARITIME CENTER, AND PAYMENT FOR STREETSCAPE DESIGN SERVICES City Manager David Timmons reviewed the packet materials, noting that this action will further implement the downtown tourism infrastructure and public access improvements. Public comment Stan Cummings of the Maritime Center, noted this has been a collaborative effort from the beginning and the completion of the project will create inviting and attractive • spaces open to the public at all times. He thanked the Council and staff for their support. Ms. Robinson stated that paragraph 15 needs some alteration; consensus was to change "for" to "of" in first line which will read: "The acquisition by the City of the NWMC's public access ......" Motion: Mrs. Medlicott moved for approval of Resolution 09-007, including the correction to paragraph 15. Mr. Randels seconded. The motion carried unanimously, 6-0, by voice vote. RESOLUTION 09-008 A RESLUTION 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 City Attorney John Watts reviewe considered incorporates changes Department of Transportation to t procedures. d the packet material. The resolution to be recommended by the Washington State he City's existing right-of-way acquisition • City Council Business Meefing Page 6 February 2, 2009 • Mrs. Medlicott stated that she had asked that the item be pulled from the consent agenda because she did not want to vote against the entire consent agenda. Ms. Robinson noted that the resolution addresses a change in a procedure that has already been adopted; it does not contain any approval of street vacations or acquisitions. It would also be a procedure applied to any project, and is not specific to the Upper Sims project. Mr. Randels stated he is not happy with the wording of the resolution in general; Mr. Watts explained that many of the terms are contained in the State Dept. of Transportation manual Council, by consensus, agreed to amend the resolution by correcting a typo in the title of "A" ("Negotiator", not "Negotiator") and by amending the title of D to remove the word "Members" at the end (will now read City of Port Townsend City Council); and in the body of D, strike "up to or° before "exceeding" (to read "Administrative Settlement exceeding $15,000)." Motion: Mr. Randels moved for adoption of Resolution 09-008 as amended by consensus. Ms. Robinson seconded. The motion carried, 5-7, by voice vote, Medlicott opposed. NEW BUSINESS • RESOLUTION 09-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO AWARD AND EXECUTE A CONTRACT FOR THE PURCHASE AND INSTALLATION OF THE JEFFERSON AUDIO VIDEO SYSTEM (JAVs) City Manager David Timmons reviewed the packet material. In response to a question from Mr. Randels, Mr. Timmons stated that the equipment is compatible with the Granicus system. There was no public comment. Motion: Mr Randels moved for approval of Resolution 09-006. Ms. Robinson seconded. The motion carried unanimously, 6-0, by voice vote. PRESIDING OFFICER'S REPORT Mayor Sandoval summarized the City Manager's evaluation included in the packet materials. Mr. King requested that the last sentence under "Other" be removed from the official document. • City Council Business Meeting Page 7 February 2, 2009 • Motion: Ms. Robinson moved to approve the performance evaluation as amended. Mr. Randels seconded. The motion carried unanimously, 6-0, by voice vote. Mayor Sandoval stated she is working on the committee assignments for 2009 and will be in touch with each Council member soon to discuss potential changes in assignments. CITY MANAGER'S REPORT Mr. Timmons reported on issues concerning the state ferries, Broadstripe bankruptcy, and federal economic stimulus package. He then stated that the County Assessor, Jack Westerman, has made a unilateral decision to treat the library levy as a temporary rather a permanent levy in spite of the ballot measure's express intent. Mr. Timmons will review the issues and advise Council. Mayor Sandoval suggested a letter to Mr. Westerman with a copy to the Board of Commissioners. STANDING COMMITTEE REPORTS ALTERNATIVE ELECTRIC MANAGEMENT COMMITTEE RECOMMENDATION Mayor Sandoval requested that staff arrange a meeting between the Council and PUD representatives to discuss the electric utility. Staff was also asked to set up a Joint Growth Management Steering Committee meeting. ADJOURN There being no further business, the meeting was adjourned at 9:20 p.m. Attest: ~~m ~®~~' Pam Kolacy, MMC City Clerk • City Council Business Meeting Page 8 February 2, 2009