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HomeMy WebLinkAbout030209CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF MARCH 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 March, 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, George Randels, Catharine Robinson, Michelle Sandoval and Mark Welch. Laurie Medlicott was excused. Staff members present were City Manager David Timmons, City Attorney John Watts, DSD Director Rick Sepler, Public Works Director Ken Clow, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Mr. Timmons asked that a brief fifteen minute executive session be added to the meeting to discuss real estate negotiation strategy and said the Council may wish to take action following the session. COMMENTS FROM THE PUBLIC (consent and non-agenda items) There were no comments from the public. CONSENT AGENDA Mr. Randels made the following corrections to the minutes: page 2, numbered paragraph 3, first line, change "what" to "that" ("that would impact..."); page 3, last line should be "Deputy Mayor George Randels closed public testimony" (rather than "Mayor Sandoval"); page 7, first paragraph under Ordinance 3004, third line, change "reserve" to "preserve" and in second paragraph, change "ration" to "ratio." Motion: Mr. Randels moved for approval of the following items on the consent agenda. Mr Welch seconded. Vote: motion carried unanimously, 6-0, by voice vote. Approval of Bills, Claims and Warrants Vouchers 107223 through 107231 (and EFTs) in the amount of $1,325,014.50 Voucher 107332 in the amount of $23, 750.00 City Council Business Meeting Page 7 March 2, 2009 Approval of Minutes: February 17, 2009 (as corrected) Resolution 09-011, Declaring Whitney Equipment, Inc. the Sole Source Provider for a Flygt Influent Pump used in the Wastewater Treatment Facility PUBLIC HEARING PROPOSED DE-ACCESSION OF TIDAL CLOCK AND SURROUNDING SITE Mayor Sandoval reviewed the procedure for aquasi-judicial public hearing. City Attorney John Watts conducted the swearing-in of all those who wished to testify. No Council member had any appearance of fairness or conflict of interest issues to disclose nor any financial or property interests to disclose regarding the subject of the hearing. No audience member objected to participation in the hearing by any of the Council members. DSD Director Rick Sepler reviewed the packet materials relating to the Arts Commission's recommendation to approve the City's request for de-accession of the Tidal Clock and surrounding site. He noted that one additional written comment has been received from the National Endowment for the Arts. The letter stated that the NEA has no comments on the proposed changes. Mayor Sandoval read the letter from the NEA into the record. The City Clerk stated that no other new written materials have been received relating to the public hearing. Public comment Frank Vane stated he has been a city resident for 35 years and a member of the Arts Commission for five years and has a particular interest in the tidal clock. He was speaking personally and not on behalf of the Arts Commission. He agrees that the tidal clock and wave gazing gallery require major modifications to be on public property. He stated he believes the proposed action, however, is illegal and that the Council will be vulnerable to lawsuits if the de-accession plan is approved. He stated the family memorial was not accomplished before the money ran out and also that the project incorporates no identification and no visible recognition of the design artists. He stated the contracts with the Jackson estate and the artists were violated and that the complete project has been in default for 20 years. He stated the City should recognize the default, and refund the gift to the estate so they can provide the funding to an alternate recipient; he also believes compensation should be City Council Business Meeting Page 2 March 2, 2009 offered to the artists and that the funds should come from the 7.5 million dollar capital bond. Doug Mason stated he had a role in the process of siting the Jacqua sculpture on the Larry Scott Trail and wonders what happens to the things that are donated to the City. He stated this sort of action is disrespectful of the people memorialized and the Jackson family was one of the founding families of Port Townsend. He also stated that he is concerned about the process to this point. He noted when the Jacqua donation was proposed he went through a process much longer than this one which he believes started on January 5 and now is before the Council. He stated that dismantling art appears to be a summary process but accepting art has far more process. Linda Davis Okazaki stated she is a member of the Arts Commission but dissented from the recommendation and is speaking as a private citizen. She stated that despite the best intentions over 20 years, we have not been able to make the tidal clock area work as conceived or intended. She said we now have the opportunity to revise the site. She added the City has an interest in perpetuating the intention of honoring the initial request and in revitalization of public art. Public art is part of the public trust and we want to maintain Port Townsend's image as an arts community with a strong cultural heritage. She would prefer to continue to find a way to work with the artists on a compromise design and bring the tidal clock into a new configuration that resonates with the original idea. She gave some examples of other works by these artists and noted that the Jackson bequest, although flawed, did lead to bigger and better things. She noted this was a major investment for the City and the National Endowment for the Arts. Ray Grier stated that the project almost worked and he has seen sea life in the tidal clock; the problem is that the opening faces the winds and currents and large logs are not kept out. He said that under the former Surf restaurant, there are no logs but barnacles, starfish, etc. He stated that a change in design to make a logarithmic arch curve similar to a chambered nautilus has been used in some breakwaters. Steve Johnson stated that earthworks sculpture is a major art form all over the world and incorporates environmental forces such as the stars, the sea, wind, and rain. He believes the sculpture is important and we should try and figure out how to keep it in place. He added the ballast should never have been taken out; it should be filling with materials and creatures living in the rocks and be a natural place to watch. Regarding vandalism, he stated that money should be built in to pay for that; he loves the wave gazing gallery and does not support moving it inland. Andrew Reding stated that last year a crew from the Boiler Room spent many hours trying to clean out the tidal clock and it filled right back up; the point being it was a great idea in concept but the execution did not take into concern the environment it was supposed to be relating to. He stated it is possible this could be fixed but in America one always has to be aware of legal liability. He stated that if the City were City Council Business Meeting Page 3 March 2, 2009 to receive stimulus money for rescuing an arts project and doing it right we could think about it, but the reality is we are going into a second great depression and don't have the money. He stated he is sensitive that the work was created as a memorial and hopes that the new, more usable, project will reflect that memorial and give memory to those people with something that works rather than something that has become a laughing stock. Staff response Mr. Sepler made the following responses to public comment: Regarding the process for placing the Jacqua sculpture, the Council adopted those criteria to avoid a situation such as we have now with the Tidal Clock. Regarding the memorial to the family, the final design would be named as a memorial and would be a significant public space. In terms of process being too short, this issue has been in gestation for almost 20 years as the City tried to find some means to overcome the basic design flaws and the area has been in public discussion that entire time. Regarding working with the artists, staff would love to work with them and will continue to follow up; he agrees the City would like to acknowledge the work that preceded the new plan and celebrate that important public space. Regarding a breakwater, there may be a technical means to accomplish this but it would be very difficult to obtain all the permits from many different federal and state agencies that would be required. Clarification questions from Council In response to Mr. Welch, Mr. Sepler noted that he does not believe any construction records of the project remain. Mr. Sepler said that he was working for the City in 1992 and has some knowledge of that time period as well as a fife of letters to the artists. Ms. Robinson noted that the Arts Commission voted 6-2 to recommend de- accession and the two dissenting members have spoken this evening. She asked if there were other public comments at the Arts Commission hearing as these were not included in the packet. Mr. Sepler answered that all but one of the people who spoke at the Arts Commission hearing spoke this evening and that person is present. In general, the concerns were the significance of the art work and the City neglecting to honor its commitments. Mr. Butler asked if the arbitration clause contained in the contract had been invoked and what the status of communications with the artists is. Mr. Watts stated that City Council Business Meeting Page 4 March 2, 2009 although the contract provides for arbitration, that provision has not been invoked by the artists. Regarding communication, the artists were advised of the process and given the opportunity to comment; their response is exhibit D of the packet. Mr. Butler asked about communications with the legal counsel for the Seavey family; Mr. Watts stated that the City received a response to the effect that the attorney no longer has any authority to represent the estate. Mr. King asked what sort of process would occur after the request for de-accession is approved. Mr. Sepler stated that if de-accession is approved, the City can then alter the site and apply for appropriate permits to accomplish the desired action. Ms. Sandoval asked whether the sculpture was modified in order to stop the storm flotsam from coming in and whether that occurred during the original construction or during subsequent modifications. Mr. Sepler stated that it occurred during construction; also the contractors knew the pilings were rotten when they built the wave gazing gallery but due to budget constraints, the project was compromised and some planned work was curtailed. The project was downsized prior to construction and then budget issues caused other modifications during construction. In 1992, the City tried to build the wall up to prevent debris from washing in but that was not successful. Mr. Timmons noted the original design was not ADA accessible so had to be changed; the stem wall around the tidal clock was constructed as a result of input from the City's insurance company. In reply to a question from Ms. Sandoval, Mr. Sepler stated there is no record that any sort of feasibility model was done about whether this would work. Mr. Welch stated that he was on the original selection committee as chair of the Parks Committee and the subject of the budget and feasibility was discussed extensively; at that time many assurances were made by the artists. Ms. Sandoval asked if there have been any searches for family members beyond talks with the estate attorney. Mr. Watts said that the City had no contract with the estate; the estate administered disbursements with no strings attached so long as the funds were spent on artwork. There was no contract between the City and estate regarding maintenance in perpetuity. The only actual contract was with the artists. In response to Ms. Sandoval, Mr. Welch stated that the artists did site visits during construction. Clarifications from audience City Council Business Meeting Page 5 March 2, 2009 Doug Mason asked why the wave gazing gallery was built on pilings that were known to be failing. Mr. Welch noted that at the time the wave gazing gallery was built it was thought there was enough redundancy as the pilings are heavy and there were so many of them that might make up for the deterioration. There was no further public comment and Mayor Sandoval declared the public comment period closed. Mr. Welch stated this is a very regrettable situation and that he has a personal regret because he was a strong advocate of the original design. He stated great possibilities were seen and many people were affected by the extensive process. He added that by the same token, over the years he has come to feel that the Tidal Clock's strongest purpose is as an object of how not to do public art -the slippery slope of compromise began immediately. In spite of the artists' assurances, there really was not enough money to fund the project; he stated that the project was doomed to failure because of the nature of government and the process. Mr. Butler said he supports the recommendation but wishes the City could address the artists and re-design a project to incorporate the original artists' input. He stated that although it seems quite unlikely, he holds out some hope that in the process some aspect of the original intent can persevere. Mr. King asked Mr. Welch whether he believes the structure would have worked in its original configuration if it had been built as designed. Mr. Welch stated that we would have faced a similar set of problems but that perhaps if built as designed it would have endeared itself more to the public so the wind and tide problems may not have mattered as much. Motion: Mr. Randels moved for adoption of the Arts Commission recommendation for approval of the request for de-accession of the Tidal Clock and surrounding site. Mr. King seconded. Mr. Timmons stated that the proposed plan is a good public investment, and he believes the final result will respect the original intent for public design; he added he is sorry the artists have chosen not to engage in the discussion. Ms. Robinson stated that the one positive thing to come out of this may be a more accessible and larger public space. She added this is an unfortunate situation and a difficult decision. Ms. Sandoval stated she thinks the public trust in regard to the work was lost long ago and that it is not a very appropriate memorial to anyone in the current condition; she stated she does not know when the community started to complain but that was the time to try and correct the flaws and not let twenty years go by. She stated the City Council Business Meeting Page 6 March 2, 2009 City may not have held up its part but neither did the artists. She also stated that the process to install public art should be long and intensive and that it will not ever be possible to please everyone in regard to public art. Vote: motion carried unanimously, 6-0, by voice vote. RECESS Mayor Sandoval declared a recess at 8:05 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 8:15 p.m. NEW BUSINESS ORDINANCE 3007 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING PORT TOWNSEND MUNICIPAL CODE, CHAPTER 2.26, VOLUNTEER FIREFIGHTERS' AND RESERVE OFFICERS' BOARD OF TRUSTEES AND CHAPTER 2.42 PROGRAM OF ACHIEVEMENT, VALOR, RECOGNITION AND LONGEVITY OF SERVICE AWARDS AND ADOPTING BY REFERENCE PORTIONS City Attorney John Watts stated that the Municipal Code still contains references in two sections to Volunteer Firefighters. Since the City no longer has a fire department the outmoded and unnecessary chapters should be removed. There was no public comment. Motion: Mr Randels moved to waive Council rules for two readings and adopt Ordinance 3007. Mr. Welch seconded. Discussion followed regarding the waiving of Council rules for two readings of an ordinance. Consensus was that although process is important, it is appropriate to adopt an ordinance that is strictly housekeeping and noncontroversial upon first reading. Ms. Robinson noted that this saves staff time and paper. Mr. Randels added that reducing both the staff and Council workload is legitimate reason for moving actions like this forward efficiently. Vote: motion carried, 5-7, by roll call vote, Butler abstaining (abstention is a no vote per Council Rules) PRESIDING OFFICER'S REPORT Cify Council Business Meeting Page 7 March 2, 2009 Mayor Sandoval commented that the City seal is not historic, but was created within the last 20-30 years for the purpose of identifying City vehicles. She added that the Association of Washington Cities has asked cities with seals and flags to participate in an annual ceremony and she believes it might be time to give serious thought to designing an official seal which could be used for a City flag. She would like both the Arts Commission and the Historic Preservation Committee to consider the issue. There was no public comment. Stan Rubin, Arts Commission Chair, stated the Commission would be happy to take up the issue. Motion: Mr Welch moved to refer the issue of re-designing the City seal to the Arts Commission and the Historic Preservation Committee forreviewand recommendation. Mr Rande/s seconded. The motion carried unanimously, 6-0, by voice vote. Mayor Sandoval stated that since Port Townsend is home to many poets as well as Copper Canyon Press, she has thought about instituting some process for naming a poet laureate. Her recommendation at this time is to refer the issue to the Arts Commission for discussion. Public comment Kathy Meyer stated that she is in favor of the idea, but is not as comfortable with elevating a poet as with elevating poetry; she noted there could be hard feelings if an individual is selected. She also asked about what the person might do and whether there would be payment involved. Stan Rubin, Arts Commission Chair, noted that the Arts Commission, if assigned the task, will give serious and enthusiastic consideration and decide what might be a workable model. Motion: Mr Randets moved to refer the issue of how to more properly venerate poetry in Port Townsend to the Arts Commission for consideration and recommendation. Mr. Welch seconded. The motion carried, 6-0, by voice vote. PRESIDING OFFICER'S REPORT Mayor Sandoval presented a list of 2009 Committee assignments for approval. She noted that there are still some questions about the committee structure that need to be clarified and there will be some special projects. She stated she has not yet made assignments to the Joint Growth Management Steering Committee and asked that anyone interested in serving contact her. Mr. Randels and Mr. Butler expressed interest; Ms. Robinson might be able to serve. City Council Business Meeting Page 8 March 2, 2009 Mr. Randels noted the "PDA" (Peninsula Development Association) is now the "PDD" (Peninsula Development District.) Ms. Sandoval asked for a volunteer to be the alternate representative to that group. Mr. Butler volunteered to serve as alternate on the PDD. Motion: Mr. Welch moved to accept the Committee assignments listed on the March 2, 20091ist with the following changes: assign Mr Butler as alternate representative to PDD" and "NOPRCDC'; assign Mr Butler as alternate to the Housing Action Plan Network (in place of Ms. Sandoval). Mr. King seconded. The motion carried unanimously, 6-0, by voice vote. CITY MANAGER'S REPORT Mr. Timmons reported on recent marketing efforts geared to the Hood Canal Bridge closure in May and meetings among stakeholders which are bringing together a common marketing theme for the area. Mr. Timmons reviewed the status of the potential purchase of the Kosec property for the Police station. He noted that an executive session regarding negotiation strategy would not be needed if Council agrees to rescind its prior permission to allow the City Manager to enter into a sales agreement for the property. He added this would be the best way to address the issue at this time because of several problems that have come up in regard to the potential purchase. He stated the issue of relocation of the Police station may need to be revisited. Motion: Mr King moved to rescind the Council's former motion (Jan 5, 2009) to authorize the City Manager to execute a purchase and sale agreement for the Kosec Funeral Home. Mr. Welch seconded. The motion carried unanimously, 6-0, by voice vote. ADJOURN There being no further business, the meeting was adjourned at 8:59 p.m. Attest: Pamela Kolacy, MMC City Clerk City Council Business Meeting Page 9 March 2, 2009