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HomeMy WebLinkAbout080910CITY OF PORT TOWNSEND MINUTES OF THE SPECIAL BUSINESS MEETING OF AUGUST 9, 2010 CALL TO ORDER The meeting was called to order at 6:30 p.m. in the City Council Chambers by Mayor Michelle Sandoval. ROLL CALL Councilmembers present at roll call were Laurie Mediicott, Kris Nelson, George Randels, and Michelle Sandoval with David King, Catharine Robinson, and Mark Welch excused. Staff members present were City Manager David Timmons, City Attorney John Watts, DSD Director Rick Sepler, Public Works Director Ken Clow, City Clerk Pam Kolacy, and Land Use Development Specialist Suzanne Wassmer . CHANGES TO THE AGENDA Mayor Sandoval asked to reverse items A (property purchase) and B (Resolution supporting placement of sales tax increase on the ballot) under New Business. There were no objections. She stated that a special presentation by a representative of the Census Bureau would be added just after the introductions by the Police Chief. During special presentations, the Mayor will draw names from a box of entries to detem}ine the winners of a Chetzemoka poster and a ride on the new Chetzemoka ferry. SPECIAL PRESENTATION(S~: Introduction of Police Officer Ryan Smith and School Resource Officer Garin Williams Chief Daily introduced Officer Ryan Smith who just graduated from the Academy and new School Resource Officer Garin Williams. As soon as Officer Smith completes field training Officer Williams will become the School Resource Officer. Presentation by Eric Davenport of the U.S. Census Eric Davenport of the Census Bureau presented Mayor Sandoval with a certificate of appreciation for the Gity's assistance with the 2010 census. He noted that Jefferson City Council Special Business Meeting Page 1 of 9 County had the highest rate of census forms returned in the state. Mayor Sandoval drew names from the entry box for the inaugural trip on the Chetzemoka. Six winners were identified, who ranged in age from four to eleven years old. They will be invited to bring one parent along on the trip. COMMENTS FROM THE PUBLIC There was no general public comment. CONSENT AGENDA Motion: George Randels moved to approve the following items on the consent agenda. Approval of Bills, Claims and Warrants Vouchers 111984 through 111993 in the amount of $2, 517.02 Vouchers 111994 and 112078 in the amount of $181, 419.62 Vouchers 112085 through 112087 in the amount of $39, 000.10 Vouchers 112088 through 112100 in the amount of $1, 946.93 Voucher 112101 in the amount of $733.19 Vouchers 112102 through 112112 + EFT in the amount of $191, 673.29 Voucher 112113 in the amount of $285.00 Electronic Funds Transfers in the amount of $237.49 Approval of Minutes of July 12, 2010, with correction of typographical error on page 3, third paragraph under Public Comment, third tine down change "She" to "He" Appointments of Jewel Cline Atwell to Civi! Service Commission and Bamey Burke to Alternative Electric Management Committee Authorize City Manager to apply for bond rating upgrade Resolution 10-028 Authorizing Gity Manager to sign all necessary contracts related to the 5 Million Gallon Reservoir Coating Project Motion to reconsider and amend Ordinance 3037 as shown on 'August 9, 2010 Housekeeping Change to Ordinance 3037" Kris Nelson seconded. Vote.• motion carried unanimously, 4-0 by voice vote. PUBLIC HEARING(S): AMENDMENTS TO SIGN ORDINANCE AND ADOPTION OF INTERIM REQUIREMENTS FOR SIGNS IN THE UPFER SIMS WAY RIGHT-OF-WAY Ordinance 3012 -Proposed Sign Code Revisions City Council Special Business Meeting Page 2 of 9 Sign Code Enforcement Ordinance 3041 -Interim Upper Sims Way Coordinated Signage Plan Mayor Sandoval reviewed the rules for public hearings. No Council member declared any financial or property interest that would lead to recusal. Ms. Nelson and Ms. Sandoval both disclosed that they have businesses with Signage in the downtown area. DSD Director Rick Sepler reviewed the packet materials. Public comment Tammy Sukert, owner of Highway 20 Road House, regarding Upper Sims Way standardized Signage. She stated that although the signage plan shows only six businesses from that area in the right of way, she believes there are more and does not understand why they are not included in the plan. She believes the plan should be fair across the board and not just for certain businesses meeting some conditions. She stated that in 1992 several businesses had five years to come into compliance with the new sign code. They did, and received permits for signs that are now non- compliant with another new code. She does not believe this is fair. Vi Koenig, PT Caruvash and Laundromat, distributed photos for the record. She said that Habitat for Humanity, Holly's, Union Bank and Madrona Clinic have signs in the right of way but are not included in the plan. She would like this clarified. She also stated she was told by city staff and contractors that the light source for the sign would be in one location but then it was changed. She stated they have always had a fluorescent sign which requires no upkeep and does not cause glare. She believes the new lighting fixtures will be easily broken. She requested information about who would replace the lightbulbs and lighting fixtures if they are damaged or stolen. She said an attorney advised against signing the letter of agreement with the City since they would be giving their rights away. She feels she has received so much changed information she cannot trust what will happen in the future. They need their sign to compete with new carvuashes. Bob Koenig, PT Carwash and Laundromat stated they have moved their sign many times in accordance with changing information from the City. He stated that the City now wants him to sign his rights away and limit the size of his sign. He stated that his business has a long name and no one will be able to read it if the sign is that small. Staff Response Mr. Sepler stated that only six signs have been identified as eligible for the Upper Sims sign program with a potential for a seventh. Other signs will be moved out of the right of way. City Council Special Business Meeting Page 3 of 9 He said that if the Koenigs move their sign out of the right of way they do not have to change it at all; however if it remains in the right of way it must be consistent with the sign program. The six signs identified for the uniform plan had their signs blocked by landscaping or streetscaping. The City is paying $2,000 per standard sign with the owners cost at $500.00. Those are signs which will be located in the public right of way and the solution is a compromise between viability and public purpose. Mr. Sepler stated he has scheduled a meeting with the City's sign consultant and the Koenigs regarding sign lighting and safety issues. Regarding maintenance costs, if power was provided by the City prior to relocation it would be provided again; if not, then it would be provided by the individuals owning the sign. City Manager David Timmons stated that because SR 20 is a state highway, there are other layers of complication and maintenance since the right of way is subject to state authority and oversight. City Attorney John Watts stated that the agreement between the City and sign owners was put together to be consistent with the adopted ordinance. Any use of the right of way is always subject to the City acting in the public interest to change or alter the use if circumstances require it. He added there can be no permanent grant of right of way use by the City except with a street use agreement which does not apply in this situation. Whatever permits were granted in the 90s would be considered a revocable privilege as the City has no authority to give away public right of way on a permanent basis. The City also cannot allow permanent use in the state highway without the state's approval. The City program adopted a month ago is essentially a public benefit, a wayfinding program in the right of way, not a private use. Mr. Watts stated that if damage occurs to a private sign the owner would be liable. If the damage is to the framework or poles purchased by the City, the City would be liable for payment; if damage occurred to the private portion then the owner would be responsible. The City will not be liable for damage to a private owner's sign in the public right of way. Ms. Nelson asked for further information on Ms. Koenigs remarks about having to move the sign. Mr. Sepler stated that in its current location the sign makes it difficult to view oncoming traffic. A smaller sign could be viewed 200 feet away which conforms to readability for the speed allowed there. There is no landscaping of substance in front of the business at the request of the owners so the sign should be easily visible. If the owners wish to keep the current sign they could move it onto their property to a location that would not limit sight at the ;ntersection. Mr. Timmons stated the City has worked to try and accommodate owners but some decisions are limited by the State Department of Transportation. With the Laundromat property there are numerous encroachments into the right of way and more accommodations had to be made than on other sites to work out those conflicts. City Council Special Business Meeting Page 4 of 9 Mrs. Medlicott was surprised that not all property owners were in agreement; she asked about the involvement of DOT. Mr. Timmons stated that the sign standards have been applied throughout the corridor and the sign consultant selected businesses whose signs were potentially impacted by the Upper Sims Way project. He added that use of the state right of way is generally allowed by the state only if payment is made. If the City owns the signs in the right of way that will eliminate the need for the property owner to pay rental for the right of way. Ms. Nelson asked if #2 on page 43 of 44 of draft Ordinance 3012 (coordinated signage plan limited to businesses legally established prior to July, 2010) is necessary. Mr. Sepler noted that the text was pasted in from the adopted interim ordinance and will be struck if the ordinance is adopted. Mayor Sandoval asked for comments from anyone who wished to clarify information brought up through Council questions. Ms. Koenig restated her question about who would be responsible for repairs or replacement of lighting for signs. Mr. Watts stated that if the owner chooses to light the sign, the lighting fixtures would be the owner's responsibility. Mayor Sandoval closed the public hearing at 7:40 p.m. She noted this will close the official hearing record but comments from the public may be taken during final consideration of the ordinance. Motion: George Randels moved to approve fast reading of Ordinance 3012 amending the Port Townsend Municipal Code Chapter 17.76 "Signs, "direct staff to prepare an enforcement program and timeline that will fully implement the provisions of the draft Ordinance in regard to illegal, off-premise signage, a~~d leave in place interim Ordinance 3041 for a period not to exceed six months from its adoption (July 19, 2010) by adopting as findings the reasons set forth in the Ordinance. Kris Nelson seconded. Vote: motion carried unanimously, 4-0 by voice vote. UNFINISHED BUSINESS JeffCom Lease Agreement City Manager David Timmons reviewed the packet materials. He noted that a 30 year lease with Verizon, the first co-locate, is being negotiated. Lease proceeds will cover most of the capital outlay for the tower. Mr. Randels stated that he understood that Verizon needed space on the ground as City Council Special Business Meeting Page 5 of 9 well as on the tower and asked if that is an additional potential source of income. Mr. Timmons stated that this is structured so that Verizon's ground facilities will be on JeffCom's leased parcel. Mr. Randels also inquired about the pending study showing the design of the tower. Mr. Timmons said that will be submitted to the City by JeffCom prior to construction. There was no public comment. Motion: Laurie Med(icott moved to authorize the City Manager to execute an agreement with Jefferson County (JeffCom) on the terms outlined in the agenda packet. George Randels seconded. Vote: motion carried unanimously, 4-0 by voice vote. NEW BUSINESS Resolution supporting County placing .3% sales tax increase for law and justice on ballot City Manager Timmons reviewed the packet materials, noting that extra materials provided by the County were distributed in hard copy to the Council desks this evening. He also noted that County Administrator Philip Morley is present to review the measure and answer questions. Mr. Timmons stated that many details need to be ironed out between the City and County during the interlocal agreement negotiations. Mr. Morley stated that he would like to complete the interlocal agreement in the next 30 days so voters will have details of the arrangement prior to the election. He referred to the resolution adopted by the County Commissioners today and gave some history on the reasons the County needs the revenue. He stated that the effect of the property tax cap, Initiative 747, was masked for the past few years by the boom in overall construction in Jefferson County. He also stated the time is not right for a metropolitan park district at this time. He noted that the funds generated by the potential sales tax are not restricted from supplanting current expenditures by state law. Mr. Timmons noted that all the funds will go back to the County in one way or another, possibly as the City's share of contracts for jail services, court, etc. This does not represent a windfall to the City. Public comment Teri Nomura stated that she is glad to see the City and County cooperating and City Council Special Business Meeting Page 6 of 9 would like to see everyone working toward common goals. All the programs listed for potential funding are those that residents need and count on and she is in favor of the ballot measure. Bill Miller encouraged the Council to support putting the measure on the ballot as a way to benefit the entire county. He stated that the County does not have some of the options to raise funds that the City has. Phil Johnson, County Commissioner, stated that Mr. Morley had covered the issues thoroughly. He stated that both Memorial Field and the Community Center are very important to the citizens and that he is looking forward to the City's support on these necessary projects and facilities. Mr. Randels spoke in support of proposing the ballot measure. Ms. Nelson commended the County for developing a strategic plan. She supports the concept of placing the sales tax increase on the ballot but has some hesitation about committing 50% of its portion of the funds to County-owned parks within the City. Without this restriction, the City could develop and target its choice of programs that would also benefit the citizens. Ms. Nelson stated she believes the interlocal is key but has some difficulty with the concept of City responsibility for maintenance of parks owned by the County. She also believes six years is too long to commit to dedicating those funds, and said that once the public gets used to the City maintaining the County's parks, they will hold the City responsible if that support is not replaced in some way by the County at the end of six years. She would prefer reducing the six year commitment to three years. In response to Mrs. Medlicott's question, staff responded that current sales taxrate is 8.4% compared to Sequim and Silverdale at 8.6% and rates in urban areas that are 9.5%. Mrs. Medlicott stated that she believes six years is too long and does not want another situation like the pool. She stated she is not comfortable having the City maintain parks that it does not own. She agrees that three years is a better timeframe for the City's dedicated contribution and would like some hard work done on transferring ownership of County parks within the City limits to the City. Ms. Sandoval stated the City was ahead of the curve on the financial crisis because it had to deal with losing the ferries unexpectedly along with the Hood Canal Bridge closure. She stated the City has been proactive about the joint commitment to economic development. She reported on a conversation with Council member Robinson who has serious concerns about the existence of both the YMCA and a County Recreation program. A discussion about this should be held soon as it may impact the proposed interlocal agreement. City Council Special Business Meeting Page 7 of 9 Ms. Sandoval added that Ms. Robinson also believes the City will be blamed for what happens at Memorial Field and the Community Centerjust as it has been blamed for the pool situation even though it was not the City's responsibility to begin with. There are no jurisdictional boundaries that most citizens recognize and that is why the City and County need to work together to make services seamless. Ms. Sandoval and Ms. Robinson agree that a metropolitan park district may not be the appropriate funding mechanism but we do need to start working toward a solution and that should be part of the interlocal agreement. Ms. Sandoval also expressed concerns about the passage of the fire levy and what that outcome will mean to the City budget. She noted that cities are always at the bottom of the food chain when seeking funds. Mr. Timmons stated these are all good points to incorporate and he is interested in resolving long term issues soon. He stated the interlocal can be crafted so if there is a failure on either side, then the other side can move forward independently. For example, if the Council wishes to work more quickly toward a metropolitan park district they can. Mr. Watts reiterated that the Council is deciding whether or not to endorse placing the measure on the ballot. They are not considering a recommendation for or against passage of the measure. Mr. Morley appreciates the Council's concern about not wanting a timeframe that is too long for committing City funding to County parks. He supports structuring the interlocal to include benchmarks, timeframes, and delivery dates. Mr. Timmons noted that the ballot language regarding dedication of City funds is non binding on the City but may complicate interpretation of the ballot language. Mr. Timmons noted any interlocal agreement would include options to extend or truncate the time frame. Motion: George Randels moved to approve Resolution 10-029 supporting the County placing 0.3% sales tax increase for law and justice on the ballot amended to replace the number of years of the City's commitment to funding County parks within the city to up to "four" rather than "six" years and to reflect the ballot language adopted by the BOCC in the City's resolution. Laurie Medlicott seconded. Vote: motion carried unanimously, 4-0 by voice vote. Roberts/Horton property purchase City Attorney Watts reviewed the packet materials. The property purchase is a necessary acquisition to act as mitigation for disturbed wetlands in connection with City Council Special Business Meeting Page 8 of 9 the Howard Street extension project. There was no public comment. Motion: George Randels moved to authorize the City Manager to negotiate terms for the property purchase up to $45, 000, with funding from an inten`und loan as outlined in the agenda packet. Kris Nelson seconded. Vote: motion carried unanimously, 4-0 by voice vote. PRESIDING OFFICER'S REPORT Motion: Kris Nelson moved to refer discussion of the YMCA contract to the next CD/LU Committee meeting. Michelle Sandoval seconded. Vote: motion carried unanimously, 4-0 by voice vote. CITY MANAGER'S REPORT Mr. Timmons reported that the schedule for launch of the Chetzemoka ferry is still uncertain. He also gave an update on grants. SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND/OR STUDY SESSION There were no suggestions. COMMENTS FROM COUNCIL There were no comments from the Council. EXECUTIVE SESSION There was no executive session. ADJOURN There being no further business, the meeting was adjourned at 9:51 p.m. Attest: -y,~~~~ ~ ~~~ ~oa-rw~s. a ~ Pamela Kolacy, MMC City Clerk City Council Special Business Meeting Page 9 of 9