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HomeMy WebLinkAbout11062000CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF NOVEMBER 6, 2000 The City Council of the City of Port Townsend met in regular session this sixth day of November, 2000, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Geoff Masci presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE Councilmembers present at roll call were Allen Frank, Sydney Lipton, Geoff Masci, Bill Wolcott, Alan Youse and Vern Garrison. Joe Finnie was excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, Building & Community Development Director Jeff Randall, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA: None PRESIDING OFFICER'S REPORT Mr. Masci stated that extra standing committee meetings are scheduled in the next two weeks for consideration of budget matters. Mr. Masci announced plans to schedule a presentation by the Upper Sims Way Business Association to the Community Development Committee regarding upper Sims Way street planning and community development issues within the next two or three weeks. CITY MANAGER'S REPORT Mr. Timmons announced that the City has received notice of a grant for pedestrian facilities on Sims Way from the Park & Ride to the Ferry Dock which will be added to the project list. COMMENTS FROM THE PUBLIC (Items not on the Agenda) Nancy Dorgan: suggested reducing council reserve fund to eliminate property taxes; requested council's prioritized work plan; requested revision to October 23 minutes, page 5, stating that "protected unopened" should be inserted before "rights of way" to correctly reflect her comments. CONSENTAGENDA Motion: Mr. Frank moved to approve the following items on the consent agenda with corrections to the minutes: (1) Ms. Dorgan's correction to the October 23 minutes; (2) vote on Assisted Living Application on October 18 (page 17) should be 4-1, not 5-1; (3) change "compatibility in density" to "compatibility and density" in the finalparagraph City Council Minutes 1 November 6, 2000 before adjournment of the October 18 meeting (direction to staff). The motion carried unanimously, 6-0 by voice vote. Approval of Bills, Claims and Warrants Vouchers 73708 through 73948 in the amount of $283,586.02 Approval of Minutes Study Session of October 9 Regular Session of October 16 Special Session of October 18 Regular Session of October 23 UNFINISHED BUSINESS ORDINANCE 2749 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING AN AMENDMENT TO THE LAND USE MAP CONTAINED WITHIN THE PORT TOWNSEND COMPREHENSIVE PLAN (THE PLAN); ADOPTING AN AMENDMENT TO THE OFFICIAL ZONING MAP ADOPTED PURSUANT TO SECTION 17.12.030 PTMC IN ORDER TO BE CONSISTENT WITH, AND IMPLEMENT THE LAND USE MAP CONTAINED WITHIN THE PLAN; DIRECTING THE BUILDING & COMMUNITY DEVELOPMENT DEPARTMENT TO PREPARE REVISED COPIES OF THE OFFICIAL LAND USE AND ZONING MAPS, INCORPORATING THE AMENDMENTS SET FORTH IN THIS ORDINANCE; ALL IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF CHAPTER 20.04 PTMC AND THE GROWTH MANAGEMENT ACT OF 1990, AS AMENDED (CHAPTER 36.70A RCW). Staff Presentation Mr. Timmons introduced the ordinance, noting that it represents the council's decision, after the public hearing held on October 23, to amend the Port Townsend Comprehensive Plan by rezoning Block 283 of the Eisenbeis Addition from M-C to R-III. Public Comment Nancy Dorgan: said that failure to adopt the amendment proposed by the Non-Motorized Transportation Committee is a threat to the essence of the Non-Motorized Transportation Plan. Motion: Mr. Wolcott moved for adoption of Ordinance 2749. Mr. Frank seconded. Council Discussion Mr. Lipton asked why paragraph 15 is included in the Ordinance since the suggested amendment to Policy 1.8 of the Non-Motorized Transportation Plan was not approved by council. City Council Minutes 2 November 6, 2000 Mr. Watts responded that it serves as a recital of action that council took on the Planning Commission's recommendation. It is not included in the title as the title of the ordinance needs to reflect what is done in an affirmative manner. He added that it is probably not legally required as part of the ordinance, but that staff believed that the record should reflect the reasons for the rejection of the proposed amendment. Vote: The motion carried unanimously, 6-0 by roll call vote. ORDINANCE 2750 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING ORDINANCE 2150 AND PORTIONS OF PORT TOWNSEND MUNICIPAL CODE CONTAINED IN SECTION 6.20.020 RELATING TO THE SALE OF FOOD IN CONTAINERS MADE WITH POLYSTYRENE Staff Presentation Mr. Timmons introduced the item. He noted that two drafts have been prepared as the council directed. One accomplishes a partial lifting of the current ban and one accomplishes a complete lifting of the current ban. The direction from the council came after a study session on October 9 at which the matter was discussed in depth. Mr. Watts handed out a revision to the first draft in the packet which reflected the necessary change in the definition of "prepared food." Mr. Masci noted that comments had been received late today by e-mail from the following citizens. All comments opposed the lifting of the ban. Brent Shirley Jim Todd Beverly Michaelsen Sue Gillard Jamie Reudink Public Comment Nancy Dorgan: commented that if any ban is enacted, it should be the partial ban. Daniel Wilson: opposes any change in the ordinance. Frieda Fenn: opposing either option; delay vote until further research. Joe Breskin: opposes either option; cites food safety issues. Paula Mackrow: opposing either option. Nora Regan: opposing either option. Motion: Mr. Frank moved to adopt draft 2 of Ordinance 2750 (complete lifting of the current ban). Mr. Lipton seconded. Council Discussion Mr. Youse and Mr. Garrison noted the litter issues involved with allowing polystyrene packaging; each expressed reservations about blanket repeal of existing protections. City Council Minutes 3 November 6, 2000 Mr. Lipton addressed the limitation of the ban on one particular product and stated that many other options are available which may be more harmful to the environment; noted that polystyrene is now recyclable and other packaging materials are not. Vote: The motion to adopt draft 2 of Ordinance 2750failed 5-1, with Mr. Lipton opposed Motion: Mr. Frank then moved for adoption of draft 1 of Ordinance 2750, the partial ban on sale of food in polystyrene containers, which would allow the use of polystyrene containers for packaged meat and eggs. Mr. I'Volcott seconded Council Discussion Mr. Garrison proposed a friendly amendment to strike "or eggs" in the last sentence of Paragraph F on page 2. This would allow only packaged meat to be sold in polystyrene containers; polystyrene egg cartons would not be allowed. Mr. Frank did not accept the amendment. Amended Motion: Mr. Garrison moved to amend the motion by striking "or eggs" in the last sentence of Paragraph F on page 2. Mr. 14,'olcott seconded The motion carried 4-2 by voice vote, with Mr. Frank and Mr. Lipton opposed Mr. Youse reminded the council that communities are no longer allowed to ban products selectively. He urged caution in lifting the ban because the decision cannot be reversed in the future. Vote: Motion to adopt draft 1 of Ordinance 2750, as amended carried 4-2, with Mr. Masci and Mr. Youse opposed ORDINANCE 2751 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE SECTION 10.28.010, STATE ROUTE 20-- BETWEEN HARRISON STREET AND WESTERN CITY LIMITS BY ESTABLISHING THE SPEED LIMIT FROM HARRISON STREET TO THE EASTERN TERMINUS OF WATER STREET AT 20 MILES PER HOUR, AND ADDING A NEW SECTION TO CHAPTER 10.28 SPEED LIMITS, ESTABLISHING A SPEED LIMIT ON HASTINGS AVENUE TO SHERMAN STREET AT 35 MILES PER HOUR Staff Presentation Mr. Timmons introduced the ordinance. He noted there is a typographical error in the title and body of the ordinance and that the correct recommended speed limits are 35 miles per hour on Hastings Avenue from the city limit to the west boundary of Sherman Street and 30 miles per hour from the west boundary of Sherman Street to the intersection of Hastings Avenue and Discovery Road. City Council Minutes 4 November 6, 2000 He noted that passage of the ordinance would fulfill some of the recommendations of the citizen task force assigned to study the speed limit issue and that the recommendations were passed through the council's Public Safety Committee after several discussion sessions. Public Comment Karen Gates Hildt: complimented the process and supported passage of the ordinance. Asked about the recommendation of the committee regarding a permanent citizen traffic review committee. Mr. Timmons replied that aspect of the recommendation will be charged to the Community Development Committee. Motion: Mr. Frank moved for adoption of Ordinance 2751 with the typographical error corrected Mr. Youse seconded Council Deliberation Mr. Youse noted that although the number of people in the downtown area fluctuates over the year and a lower speed limit on Water Street may not be necessary in the winter, he has heard from several citizens commenting on the danger of people walking out from behind parked vehicles and that the lowered speed limit would make the downtown area safer for pedestrians. Vote: The motion carried unanimously, 6-0 by roll call vote. Motion: Mr. Garrison moved to task the traffic committee to address speed limits on upper Sims Way and examine them within the perspective of pre- and post-Sims Way improvements, and make recommendations regarding pedestrian safety and vehicle traffic. Mr. Frank seconded The motion carried unanimously, 6-0 by voice vote. AGREEMENT BETWEEN THE CITY OF PORT TOWNSEND AND THE PORT TOWNSEND MARINE SCIENCE SOCIETY REGARDING THE USE OF LODGING TAX REVENUES AND PROCEEDS FROM CITY LIMITED GENERAL TAX OBLIGATION BONDS FOR THE RENOVATION OF A BUILDING Staff Presentation Mr. Watts introduced the item which would provide implementation of two agreements in accordance with council action approving funding for a building renovation by the Port Townsend Marine Science Center. The first agreement addresses the funding of the project With Lodging Tax Advisory Committee funds and the second provides the city a sub-leasehold interest to use the renovated building for seven days a year over a twenty year period. Peter Badame, Director of the Marine Science Center, stated that he was available to answer questions. City Council Minutes 5 November 6, 2000 Discussion centered on the method of financing, and bond financing constraints. Clarification is that the city will be paying less than $8,000 per year through a limited tax general obligation bond and that the money will be provided by LTAC funds. Mr. Timmons confirmed that the commitment of Lodging Tax Advisory Committee funding is non-binding and must be authorized on a yearly basis from the LTAC budget. Public Comment: None Motion: Mr. Lipton moved to authorize the City Manager to execute the agreement between the City of Port Townsend and the Port Townsend Marine Science Society regarding the use of Lodging Tax Revenues and Proceeds from City Limited General Tax Obligation Bonds for the Renovation of a Building and the agreement between the City of Port Townsend and the Port Townsend Marine Science Center Interagency SubleasehoM Agreement. Mr. Wolcott seconded. The motion carried unanimously, 6-0 by voice vote. RESOLUTION 00-058 A RESOLUTION OF THE CITY OF PORT TOWNSEND, ESTABLISHING RIGHT- OF-WAY ACQUISITION PROCEDURES, APPRAISAL WAIVER PROCEDURES AND DESIGNATING STAFF AUTHORITY LIMITS IN MAKING ADMINISTRATIVE SETTLEMENT OFFERS Staff Presentation Mr. Timmons introduced the resolUtion, noting that the State of Washington requires an adopted Right-of-Way Procedures Policy to be in place by agencies receiving state and federal funds in order to move through design and construction of the project. State guidelines in language and content have been incorporated. The procedures are intended to ensure fair and equitable treatment of displaced persons and encourage and expedite acquisition by negotiation. Public Comment: None Motion: Mr. Frank moved for adoption of Resolution No. 00-058. Mr. Wolcott seconded. The motion carried unanimously, 6-0 by voice vote. Mr. Masci announced a brief recess at 8:30 p.m. The meeting was reconvened at 8:39 p.m. City Council Minutes 6 November 6, 2000 NEW BUSINESS RESOLUTION 00-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND ENDORSING THE RECOMMENDATION OF THE CAPITAL FACILITIES COMMITTEE OF THE CITY COUNCIL WITH RESPECT TO CITY HALL, ENDORSING THE CONCEPT TO THE JEFFERSON COUNTY HISTORICAL SOCIETY PROPOSAL TO RESTORE CITY HALL IN PARTNERSHIP WITH THE CITY, WITH INITIAL CITY FUNDING ESTABLISHED AT A LEVEL OF $92,000 SEED FINANCING, AND AUTHORIZING THE MANAGER TO PROCEED WITH STEPS FOR PLANNING AND CONSTRUCTION OF A CITY HALL ANNEX Staff Presentation Mr. Timmons presented the item, noting that the Capital Facilities Committee has been reviewing City properties for possible surplus or other designation, and making recommendations for each of those studied. He emphasized that any final council decision to surplus a property will require additional public process, including a public hearing. Public Comment Niki Clark, Jefferson County Historical Society Director: spoke in support of the project. Nancy Dorgan: spoke in support of the resolution. Barbara Marseille, Jefferson County Historical Society Trustee: spoke in support of the resolution. Motion: Mr. Wolcott moved for adoption of Resolution 00-059. Mr. Frank seconded Discussion Dr. Clark presented an overview of the project. Mr. Wolcott emphasized the fact that this and the other resolutions involving recommendations by the Capital Facilities Committee are resolutions of intent, outlining steps for initiating the recommended process regarding each property. A considerable amount of public process and council deliberation will take place before any final action on any of the properties. He also emphasized the importance of addressing the implementation of "smart codes" which will enable more cost effective restoration of historic buildings, a project to be addressed by the Community Development Committee. Vote: The motion carried unanimously, 6-0 by voice vote. City Council Minutes 7 November 6, 2000 RESOLUTION 00-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND ENDORSING THE RECOMMENDATION OF THE CAPITAL FACILITIES COMMITTEE OF THE CITY COUNCIL TO SURPLUS THE WATER BARN SITE, SUBJECT TO FURTHER INFORMATION BEING PROVIDED TO THE COUNCIL, AND SUBJECT TO PUBLIC PARTICIPATION AND FINAL COUNCIL ACTION FOLLOWING A PUBLIC HEARING ON WHETHER TO SURPLUS THIS SITE Public Comment Dana Roberts: addressed possible designation of the properties in a "site bank" for projects like public housing. John Lockwood: opposed to selling public lands; population growth may necessitate a greater need for publicly owned property; shouldn't consider issues in midst of a budget "crisis." Nancy Dorgan: commented that the discussion is premature without a package recommendation on all city properties. Frieda Fenn: called for long term vision, map of all city owned land; can city regain land at affordable price in the future. Motion: Mr. Frank moved to adopt Resolution 00-060. Mr. Wolcott seconded. The motion carried unanimously, 6-0 by voice vote. RESOLUTION 00-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND ENDORSING THE RECOMMENDATION OF THE CAPITAL FACILITIES COMMITTEE OF THE CITY COUNCIL TO SURPLUS THE MORGAN HILL RESERVOIR SITE, SUBJECT TO FURTHER INFORMATION BEING PROVIDED TO THE COUNCIL, AND SUBJECT TO PUBLIC PARTICIPATION AND FINAL COUNCIL ACTION FOLLOWING A PUBLIC HEARING ON WHETHER TO SURPLUS THIS SITE Staff Presentation Mr. Timmons noted the preliminary recommendation to evaluate the property which has been historically used as a reservoir and is now in a state of neglect. Public Comment: None Motion: Mr. Frank moved to adopt Resolution 00-061. Mr. Garrison seconded. City Council Minutes 8 November 6, 2000 Council Deliberation Mr. Frank emphasized the importance of identifying the city fund which would benefit from the sale of each particular property. Vote: The motion carried unanimously, 6-0 by voice vote. RESOLUTION 00-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND ENDORSING THE RECOMMENDATION OF THE CAPITAL FACILITIES COMMITTEE OF THE CITY COUNCIL WITH RESPECT TO PLANNING FOR SITING THE POLICE STATION TO A NEW LOCATION, AND AUTHORIZING THE MANAGER TO TAKE STEPS TO REVIEW A SALE OF THE POLICE STATION AND REVIEW OPTIONS FOR A NEW POLICE STATION SITE Staff Presentation Mr. Timmons stated that the Police facility must be moved because a critical public facility cannot be located in a liquefaction zone. Emergency services would be the first to go in a natural disaster. Public Comment Nancy Dorgan; supports moving the department, would not like the site sold for commercial use. Dana Roberts: consider contingent conditions if sold which would assure no loss of public access to the beach, Pope Marine, City Dock, etc. Freida Fenn: in favor of retaining site. Stated that if a joint law and justice facility is pursued, property under consideration would be land owned by Mr. Wolcott; therefore he should recuse himself from discussion. Mr. Masci noted that the site under consideration was the Enfield property, not the Wolcott property. He asked whether Mr. Wolcott perceived any financial benefit from the action on this property. Mr. Watts stated that any connection between this vote and any property owned by Mr. Wolcott that may be considered in the future for a county building site is too far removed for the appearance of fairness doctrine to apply. He asked Mr. Wolcott if he has a financial interest that would prevent him from voting objectively on this issue. Mr. Wolcott replied that he did not have an interest that would prevent him from objectively considering the issue. Mr. Timmons noted that the property in question at Howard Street is not a site under consideration by the city for police station location. He also stated that a plan for the City Council Minutes 9 November 6, 2000 downtown civic area will be guided by plans currently in place, including the Waterfront Plan, Comprehensive Plan, etc: Motion: Mr. Frank moved to adopt Resolution 00-062. Mr. Garrison seconded. Council Deliberation Mr. Wolcott noted that the city would have a considerable operations and maintenance commitment if all city owned property were turned into open public space. Mr. Timmons noted that it would be difficult to project accurate estimates of the price of maintenance at this time. Vote: The motion carried unanimously, 6-0 by voice vote. COMMUNITY DEVELOPMENT COMMITTEE WORK PLAN Staff Presentation Mr. Timmons presented the item, noting that the Community Development Committee has met to discuss their work plan and has suggested certain priorities and changes. Because the standing committees are charged by the full council with their work plans, a major change should be approved by the council. Public Comment: None Mr. Frank asked if the Library Board and library were still to be included; they are not listed in the presented outline. Mr. Wolcott stated they should be added to the revised plan. Motion: Al Frank moved to approve the proposed revised work plan of the Community Development Committee, with the addition of the Library Board as item 3 under B, Subcommittees. Mr. Garrison seconded. The motion carried unanimously, 6-0 by voice vote. FORMATION OF PUBLIC DISTURBANCE AND NUISANCE COMMITTEE Staff Presentation Mr. Timmons introduced the item as a recommendation from the Public Safety Committee as a result of the recent efforts to craft a noise ordinance. Public Comment: None Motion: Mr. Garrison moved that the Public Safety Committee take steps to form a new citizens advisory committee to be called the "Public Disturbance and Nuisance committee, "and that that the City Manager be directed to: 1) take steps to solicit members for this committee; 2) consult with the Public Safety Committee Chair and City Council Minutes 10 November 6, 2000 forward a recommended committee membership to the Public Safety Committee within 60 days, for action by the Committee; and 3) prepare a draft mission statement, work plan, and rules or bylaws for the committee for presentation to and action by the Public Safety committee within the next 60 days. Mr. Youse seconded. Friendly Amendment by Mr. Frank which would add direction that the committee focus first on the need for addressing noise in residential areas and for a charge that the committee will establish the basis for a need for this type of regulation in the community. The amendment was accepted by Mr. Garrison. Mr. Watts added that the committee was renamed because the "noise" committee had reached the end of its work and the council has expressed a desire to build on that work in the sense of public disturbance rather than noise per se; also some of the methods and enforcement for other nuisances may be transferable and applicable to disturbances. Vote: The motion carried unanimously, 6-0 by voice vote. EXECUTIVE SESSION Mr. Masci announced the Council would adjoum to executive session at 10:09 p.m. to discuss real estate purchase and personnel issues. He stated that the executive session was expected to last approximately 20-25 minutes, and that no action was anticipated. RECONVENE The meeting was reconvened at 10:29 p.m. ADJOURN There being no further business, the meeting was adjourned at 10:30 p.m. Attest: Pamela Kolacy, CMC City Clerk City Council Minutes 11 November 6, 2000