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HomeMy WebLinkAbout02202001 CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF FEBRUARY 20, 2001 The City Council of the City of Port Townsend met in regular session this twentieth day of February 2001, at 6:33 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 Joe Finnie, Allen Frank, Geoff Masci, Vem Garrison, Alan Youse, Syd Lipton and Bill Wolcott. Staff members present were City Manager David Timmons, City Attorney John Watts, Finance Director Michael Legarsky, City Clerk Pam Kolacy and Deputy Clerk Sheila Spears. CHANGES TO THE AGENDA Mr. Garrison requested pulling item 8C from the consent agenda (Resolution 01-009, Professional Services Agreement for City Hall Annex) and moving the item to 9C for discussion under unfinished business. Motion: Mr. Frank moved to reconsider Ordinance 2758, creating a new chapter of the Municipal Code to prohibit display of wild or exotic animals for entertainment or amusement purposes, providing violation as a civil infraction, providing monetary penalty, and establishing an effective date. He stated that he had voted against approval of the ordinance at the February 5 meeting. Seconded by Mr. Wolcott. Ordinance 2758 Wild and Exotic Animals was added as item 1 OB under new business. Mr. Masci requested moving item 10A (Adopt-a-Park Program) in from of unfinished business so that Mr. Farmer, who has a time conflict, can make the presentation. Mr. Wolcott requested that a discussion about the Community Development Committee be added to the agenda as item 10C under new business. PRESIDING OFFICER'S REPORT Mayor Masci had nothing to report. CITY MANAGER'S REPORT Mr. Timmons reported progress on the City/County agreements. He reported on a joint Jefferson County/Clallam County Conservation District being formed to address a number of conservation issues and to pursue funding. The Tribes will also be involved in the District. It hasn't been established yet whether the offices will be located in Jefferson or Clallam County. City Council Minutes 1 February 20, 2001 Mr. Timmons said he would like to schedule a special work session to discuss the adopted work plan for Year 2000 and keep the Council up to date. He reported that the City is meeting with affected businesses this month re the scope of the Sims Way project. After the items have been pinned down, public forums will be held. The scope has changed very little. COMMENTS FROM THE PUBLIC (regarding consent agenda items and items not on the agenda) Claude Bourdin: reported on the success of the carousel this past summer. He stated that a permanent site is needed and many citizens are willing to support the project. Nancy Dorgan: commented on the Public Works contract for garbage collection and asked a number of related questiOns. Mr. Timmons requested that Ms. Dorgan submit those questions to him in writing. John Lockwood, on behalf of People for a Livable Community (PLC): re questions relating to the PLC flyer; spoke about land owners adjacent to Glen Cove, their advocacy of having their property included in an industrial expansion of the area, and their development history. He expressed support for the common public good, and not for private developers. Motion: Mr. Wolcott moved to place the carousel siting on the Community Development Committee agenda. Mr. Lipton seconded The motion carried unanimously, 7-0 by voice vote. PUBLIC HEARINGS: None CONSENT AGENDA Motion: Mr. Wolcott moved for approval of the following items on the consent agenda. Mr. Lipton seconded The motion carried unanimously, 7-0 by voice vote. Approval of Bills, Claims and Warrants Vouchers 75016 through 75191 in the amount of $381,695.90 Approval of Minutes Regular meeting of February 5 Study session of February 12 Authorize the City Manager to execute an Interlocal Agreement with Jefferson County Fire District No. 6 for EMS services for the year 2001 Authorize the City Manager to execute a professional services agreement with Moss Adams LLP for review of EMS billing procedures Authorize funding up to $10,000 in matching funds for library materials City Council Minutes 2 February 20, 2001 ADopT-A-PARK PROGRAM Parks & Recreation Commission Presentation: Jim Farmer Mr. Farmer described the special opportunity to have a number of interested citizens including Audubon, Land Trust, Schools, etc. voluntarily taking care of the city's parks. Adoption of the Adopt-A-Park Program would formalize and coordinate the current continuing efforts of the park volunteers. Council questions included: 1) has the Port been contacted re the lease for Kah Tai park property; 2) has the Commission looked at what percentage of the budget is used for individual parks; and 3) what is the status of the state investigation of metals in Kah Tai Lagoon. Staff response included: 1) the Port hasn't been contacted yet and any third party interest would be considered for any of our parks including release of liabilities; 2) Parks staff submits monthly reports to the Parks and Recreation Commission; and 3) a draft report has been received from the State but it hasn't been followed up on yet. The liability needs to be looked at as relates to the whole Adopt-A-Park program and we would have some disclosure that certain precautions need to be taken. Public Comment Nora Regan, Representative of PLC and Kah Tai Alliance: urged adoption of the program using Kah Tai Park as a model. Ron Sikes, speaking for Admiralty Audubon Chapter: encouraged adoption of the program and reported on the bird counting and planting that has been done by volunteer labor at Kah Tai Park. Dana Roberts: encouraged adoption of the program, saying this is knowledgeable free help. Motion: Mr. Frank moved to accept the Community Development Committee's recommendation to endorse the Adopt-A-Park Program for the City of Port Townsend, and direct the administration to develop a form or agreement to carry out the Adopt-A-Park concept. Mr. Garrison seconded Council discussion included: 1) full endorsement by the Community Development Committee; 2) beginning or good driver to start the process toward a volunteer coordinator position; and 3) responsibility for oversight and liability issues. Mr. Timmons said that for this program to be successful, that type of coordination would be needed. He is trying to bring closure the County issue so that he can take a look at the budget to see how we could package a position which would include a Parks-Recreation Director/Volunteer Coordinator. He hopes to bring back a proposal to Council in a month or tWO. Vote: The motion carried unanimously, 7-0 by voice vote. City Council Minutes 3 February 20, 2001 UNFINISHED BUSINESS ECONOMIC DEVELOPMENT COUNCIL CONTRACT APPROVAL FOR FY 2001 IN THE AMOUNT OF $6,000 Mr. Timmons reported that the contract has already been discussed by Council and staff has made the changes to the contract which were directed at the February 12 study session. Motion: Mr. Frank moved to authorize the City Manager to execute a contract with the Economic Development Council for $6,000. Mr. Garrison seconded. Council discussion included: 1) thanking the entire EDC board and the effort that went into the work plan; 2) expressed support for the new director; 3) looking forward to progress report and request for funding for next year; and 4) requested calendaring an EDC work plan review mid- year in a work session with City Council. Vote: The motion carried unanimously, 7-0 by voice vote. ORDINANCE 2757 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CERTAIN SECTIONS OF CHAPTER 2.76 OF THE PORT TOWNSEND MUNICIPAL CODE, PUBLIC RECORDS DISCLOSURE Staff Presentation Mr. Watts presented the item and referenced the first touch of the proposed ordinance that was given at the February 5 Council meeting. He described the two elements of the ordinance as 1) housekeeping to update the Municipal Code to reflect current state regulations and city administrative practices; and 2) the complexity and burden of creating an index of all city records. The City currently maintains a wide variety of indexes (examples in Council packets) and these will continue to be maintained as well as expanded. Approval of the ordinance would not interfere with current responsiveness to public records requests. He recommended adoption of the ordinance and said it would create legal compliance. Public Comment Nancy Dorgan: questioned what is not being indexed and would like to amend the ordinance to create an index dating back to the time this council took office. Motion: Mr. Frank moved to adopt Ordinance 2757, an ordinance of the City of Port Townsend amending certain sections of Chapter 2. 76 of the Port Townsend Municipal Code, Public Records Disclosure. Mr. Garrison seconded. Council discussion included: 1) questioned Issaquah's timeline; 2) questioned whether or not the indexing could be done by existing staff; 3) questioned why the current indexing system may meet the state's requirements; 4) consistent policy in all city departments and when that might be accomplished; and 5) budgetary impact. The Clerk's office was complimented for the indexing that has been done to date. City Council Minutes 4 February 20, 2001 Staff response included: 1) Issaquah added one new staff member to maintain the index; 2) indexing could not be done by existing staff; 3) an index is not maintained for all department's correspondence which would be included in an all-inclusive index; and 4) efforts have been concentrated on administration and we are in the planning stage for developing a consistent policy for all departments which will probably not be accomplished this year. Vote: The motion carried unanimously, 7-0 by roll call vote. Motion: Mr. Frank moved to direct the Clerk to continue to expand actions already underway to maintain indexes of public records. Mr. Wolcott seconded. The motion carried unanimously, 7-0 by voice vote. RESOLUTION 01-009 PROFESSIONAL SER VICES AGREEMENT FOR CITY HALL ANNEX Staff Presentation Mr. Timmons requested authorization to contract with an architectural firm to start the design phase of a new City Hall annex. He said the issue has been discussed since 1969 and existing studies will be used with no funding for new studies. The annex project is a modest plan for a 2-story building between 7,000 and 10,000 square feet. The interior should be adaptable to modem office use and the fagade would have a historical character. The Legion is agreeable to a long-term lease agreement for the space between City Hall and the Legion building. Hiring an architectural firm is the first step in the process of beginning to carry out the policy directive made by the Council during the 2000 budget process. Public Comment: None Council Discussion Mr. Garrison said he does not believe the Council has expressed a desire to have city offices maintained in the downtown historic district. He said other properties owned by the City can be used for some of the departments, and has yet to see enough of an analysis of what our staffing needs are to be supportive of funding an architectural design at this time. In response to Mr. Wolcott's questions, Mr. Timmons said the City Hall annex project is running parallel with the Jefferson County Historical Society (JCHS) City Hall renovation project. Also the projects are running parallel with the Northwest Maritime Center project. He said JCHS is on target with first phase funding projections. If JCHS is unsuccessful it will have no effect on the annex project. Most of the current space in City Hall would not be adaptable for municipal purposes because of accessibility and safety issues which would have to be addressed before occupying the building. Mr. Finnie described the Capital Facilities Committee's discussion of the annex and its resolution endorsing the City Manager to proceed. Mr. Finnie said he supports this resolution, subject to further committee review and approval. In response to Mr. Lipton's questions, Mr. Timmons said he will put together a work plan chart showing all the processes and will be requesting funding from next year's budget for final documents. This year's budget is set at $98,000. City Council Minutes 5 February 20, 2001 Motion: Mr. Masci moved for adoption of Resolution 01-009 authorizing the City Manager to negotiate and execute professional services agreements as necessary to provide design and construction concepts for the City Hall annex project. Mr. Lipton seconded Council Discussion Mr. Masci expressed support for the resolution saying that the lease of the Waterman & Katz Building will end in 2 1/2 years. Mr. Frank expressed concern that the JCHS City Hall renovation project may come back to the tax payers and said that he could not support it without a vote of the people. Mr. Timmons said there is a cost to remaining downtown, e.g., seismic issues and a required redundancy in maintaining records and having a location to maintain services during a natural disaster. In response to Mr. Frank's questions, Mr. Timmons said checkpoints in the process will be developed based upon products produced. The requested resolution is a policy resolution and the issue is that we don't yet have the benefit of professional services to develop those checkpoints. A game plan will be developed and brought forward to the Capital Facilities Committee. Mr. Garrison said he has no problem with proceeding preliminarily with the planning. Mr. Finnie stated that the City has to manage its business regardless of whether or not the JCHS fails because the W&K lease will expire. He said the Capital Facilities Committee is qualified to act as a management committee to oversee the progress of the JCHS against its benchmarks and also to oversee the City Manager. What the Committee cannot do is determine the will of the full council to build administrative facilities downtown. Mr. Masci said the JCHS issue is not linked to the annex and he supports the motion. Mr. Frank said that he also doesn't see the two projects as linked, and suggested a separate motion to get monthly updates and quarterly reports from both the JCHS and city staff. Mr. Lipton said the end of the W&K lease is fundamentally the basic driver of the timeline. He said monthly reports are a nuisance and a report every six weeks would be enough to keep the project from being sidetracked. Mr. Timmons said the time frame will be a challenge but thinks it can be done if we are efficient with how the time is spent. He suggested the project progress could be an ongoing agenda item for the Capital Facilities Committee. Mr. Garrison said there is a 5-year renewal clause in the W&K lease, and the annex will probably not be built and ready for occupancy by the time the original lease expires. Vote: The motion carried unanimously, 7-0 by voice vote. Motion: Mr. Frank moved to task the City Manager and the Jefferson County Historical Society to provide written updates on progress at least every six weeks and quarterly presentations to the City Council Minutes 6 February 20, 2001 City Council as a whole as to the status of the two projects, beginning March 1. Mr. Finnie seconded Council discussion included: 1) whether the reports should be quarterly; 2) informational updates; 3) the JCHS fund raising schedule be the first report from them; and 4) the scheduled reports being made to the Capital Facilities Committee rather than the Council as a whole. Vote: The motion carried, 4-3 by voice vote, with Messrs. Youse, Lipton and Masci opposed RECONSIDERATION OF ORDINANCE 2758 AN ORDINANCE OF THE CITY OF PORT TOWNSEND CREATING A NEW CHAPTER 9.44, WILD AND EXOTIC ANIMALS, TO TITLE 9, PEACE, MORALS AND SAFETY, OF THE PORT TOWNSEND MUNICIPAL CODE, TO PROHIBIT DISPLAY OF WILD OR EXOTIC ANIMALS FOR ENTERTAINMENT OR AMUSEMENT PURPOSES, PROVIDING VIOLATION AS A CIVIL INFRACTION, PROVIDING MONETARY PENALTY, AND ESTABLISHING AN EFFECTIVE DATE Mr. Watts explained the process for reconsidering the ordinance. Motion: Mr. Frank moved to reconsider Ordinance 2 758, Display of Wild and Exotic Animals. Seconded by Mr. Youse. The motion carried, 4-3 by voice vote, with Messrs. Masci, Finnie and Lipton opposed Motion: Mr. Frank moved to amend Ordinance 2758 by striking "and prevent their exploitation, "from the first WHEREAS; striking "to control hazards to the physical and mental health of the public and"from 9.44.010 Purpose; and adding "17. Raptors or birds of prey" to wild or exotic animal definitions on page 2. Mr. Garrison seconded A friendly amendment was proposed by Mr. Masci which was not accepted by Mr. Frank. Motion: Mr. Masci moved to extensively amend the amendment. Mr. Lipton seconded Council Discussion on Mr. Masci's Motion to Amend the Amendment Mr. Garrison said he cannot support the amendments. Vote: Mr. Masci's motion to amend the amendment failed, 2-5 by voice vote, with Messrs. Frank Garrison, Finnie, ¥ouse and Wolcott opposed Council Discussion on Mr. Frank's Motion to Amend Ordinance 2758 Mr. Garrison said the amendments are acceptable and leave the ordinance with some strength and intent. Mr. Youse said he prefers not to strike "and prevent their exploitation," but will support the amended ordinance because of its message, even though Port Townsend hasn't seen much of this happening. City Council Minutes 7 February 20, 2001 Mr. Frank stated that the reason for the amendments is that the ordinance doesn't get into animal rights vs. animal welfare, and he is a strong advocate of animal welfare. He said the proposed modifications don't create controversy. Mr. Finnie maintained the ordinance isn't needed in Port Townsend. Mr. Garrison said this is an important policy and protection message and he supports the moral message. Public Comment: None Vote:. Mr. Frank's motion to amend Ordinance 2758 carried 4-3 by voice vote, with Messrs. Lipton, Masci and Finnie opposed Vote: Mr. Frank's motion to adopt Ordinance 2758, as amended carried 4-3 by roll call vote, with Messrs. Lipton, Masci and Finnie opposed COMMUNITY DEVELOPMENT COMMITTEE DISCUSSION In regard to addressing affordable housing and economic opportunity, Mr. Wolcott requested a discussion on the relationship of the committee to the full council (Committee - Council ~ Committee - staff or task force). Mr. Timmons said the concept is that if a new item is introduced by City Council as a whole, then it is tasked to Committee. Mr. Wolcott said the Community Development Committee has been tasked by City Council re affordable housing and economic development, and asked if the Committee can assign tasks to staff without council approval. Mr. Timmons said they could ask, not task. The City Manager is responsible for allocating staff time. Mr. Finnie suggested trying it and if it is found that the requests are absorbing significant amounts of staff time, come back to the full Council with a request that something has to give if the tasks are to be accomplished. EXECUTIVE SESSION Mr. Masci announced that the Council would adjourn to executive session to discuss pending litigation. He stated that the session would last approximately one-half hour, and that following Executive Session the Council may take action only on the subject discussed in executive session. RECONVENE The meeting reconvened at 9:42 p.m. City Council Minutes 8 February 20, 2001 Motion: Mr. Finnie moved to authorize the City Administration to notify the Board of County Commissioners that the City Council believes that UDC provisions adopted December 18, 2000 which (1) allows batch plants to be located within critical aquifer recharge areas (UDC Section 3.6. $(c)(1)(ii)) ), and (2) modifies provisions relating to mitigating impacts from seawater intrusion, including elimination of monitoring (former section 7. 301 et. Seq. of Ordinance 14- 0626-95, adopted June 26, 1995), is and must be a mistake; that the Council requests the BOCC to take action by the appeal deadline of March $, 2001 to restore groundwater protection provisions in Ordinance 14-0626-95; and that failing that, the City Attorney is authorized to file an appeal of the UDC on these issues. Mr. Wolcott seconded. The motion carried unanimously, 7-0 by voice vote. ADJOURN There being no further business, the meeting was adjourned at 9:44 p.m. Attest: Sheila Spears, Depul~y Clerk City Clerk city Council Minutes 9 February 20, 2001