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HomeMy WebLinkAbout07092001CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF JULY 9, 2001 The City Council of the City of Port Townsend met in regular session this ninth day of July, 2001, 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 Joe Finnie, Allen Frank, Geoff Masci, Syd Lipton, Bill Wolcott and Alan Youse. Vern Garrison was absent. Staff members present were City Manager David Timmons, City Attorney John Watts, City Clerk Pam Kolacy, BCD Director Jeff Randall, BCD Planner Jean Walat, Finance Director Michael Legarsky, Public Works Operations Manager John Merchant, Public Works Director Ken Clow. CHANGES TO THE AGENDA Mr. Frank requested the addition of a new item under New Business, discussion of the skateboard park as Item 1 OD. Mr. Masci also noted that the executive session would take place just prior to item 9B, Unified Development Code appeal. PRESIDING OFFICER'S REPORT Agenda item for intergovernmental elected official's meeting: the council agreed to frame a subject after the Joint Growth Management Steering Committee meeting. Mr. Masci read a proclamation recognizing the Wastewater Treatment Plant staff for exceptional performance in receiving a Year 2000 "Outstanding Wastewater Treatment Plant Award." Another proclamation was read regarding "Curmudgeon Day." CITY MANAGER'S REPORT Mr. Timmons updated the council on the "F" Street and Gaines Street Pump Station projects, noting that bids have been awarded and pre-construction conferences are scheduled for each project. Mr. Timmons announced the promotion of Officer Ed Green to the third Police Sergeant position. Mr. Harry Dudley was introduced to update the council on the progress of the Jefferson County Historical Society project. Mr. Dudley noted that the fundraising feasibility study is linked with the architectural study and will be released to the city as a joint set of reports. He added that based on unofficial estimates, a figure of $5 million dollars seems to be the likely target, with funds to be raised over a three year period. The Historical City Council Business Meeting Page 1 July 9, 2001 Society is working with the city on the lease document and is also working intemally on a business plan. He will return at the next meeting with more detailed information. Mayor Masci asked that item A under Unfinished Business be brought forward at this time. There were no objections. ORDINANCE 2771 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CERTAIN SECTIONS OF CHAPTER 5.42 OF THE PORT TOWNSEND MUNICIPAL CODE TO REGULATE HORSE TAXIS Jean Walat, Planner, presented the ordinance, noting that the council had considered the issue at the June 18 meeting and directed staff to develop an ordinance regulating horse taxis. Mr. Youse had questions regarding the adequacy of provisions for humane treatment of the animals involved. Mr. Watts added that if a problem is perceived it will be possible to amend this ordinance at any time in the future. Other discussion items included lighting, curbside pickup only and fees. Public comment: Nancy Dorgan: spoke in opposition, stated that allowing horse taxis would be an incremental step toward making Port Townsend a "tourist town." Motion: Mr. Frank moved for adoption of Ordinance 2771. Mr. Finnie seconded The motion carried, 5-1, by roll call vote, with Mr. Youse opposed SPECIAL TAX VALUATION BCD Director Jeff Randall introduced two speakers who were invited to present information on special tax valuations. The topic was raised in connection with the proposed designation of the City of Port Townsend as a Certified Local Government. The speakers were Jack Westerman, County Assessor, and Michael Sullivan, an architect with the Artifacts Architectural Services. Mr. Westerman discussed tax shifts and revenue losses, and also described the history behind the legislation which allows special tax valuations for historic properties. He said that in his opinion, the system works well for commercial properties, but he is hesitant to endorse the system for residential properties, unless they are bed & breakfast operations. The restoration of commercial properties may end up in increased sales revenues which offset the loss in property tax revenue, but restoration of residential properties simply removes valuation from the property tax rolls without any offset.. City Council Business Meeting Page 2 duly 9, 2001 Mr. Sullivan, who was involved in the City of Tacoma's historic preservation efforts, noted that residential properties renovated in connection with the special valuation do have a positive effect in raising property values in the neighborhood which often improve in a short time. He also spoke in favor of taking local control of historic property designation and not just depending on the National Historic Register. COMMENTS FROM THE PUBLIC (CONSENT AGENDA AND ITEMS NOT ON AGENDA) Nancy Dorgan: spoke in opposition to council members bringing up items for last minute inclusion on the agenda. Asked that agenda bills be posted on the website; suggested council packet be made available a week in advance. She then asked whether the money earmarked for payment to the PUD for Kah Tai property has been used for another purpose. Herb Herrington: stated that there is a great deal of public concem about rising property taxes and suggested the council conduct a forum to encourage the community to come forward and discuss the issue. CONSENT AGENDA Motion: Mr. Lipton moved for approval of the following items on the consent agenda. Mr. Wolcott seconded. The carried unanimously, 5-0. Mr. Frank was not present for the vote. .Approval of Bills, Claims and Wan'ants Vouchers 76788 through 76951 in the amount of $281,828.30 Approval of Minutes Business meeting of June 18 Business meeting of June 18 continued to June 19 Business meeting of June 18 continued to June 25 Adoption of Finance Committee recommendation to amend the Main Street contract for an additional $3,000 for project management services for the Uptown Promotion Plan Adoption of Finance Committee recommendation to appropriate $6,600 to Main Street for Disaster Preparedness Plan Management from the Council discretionary fund Adoption of Resolution 01-028: A Resolution of the City of Port Townsend Washington, Establishing the Transportation Advisory Board as a Citizen Advisory Board Adoption of Public Safety Committee recommendation to direct the City Manager and Finance Committee to creatively explore reactivation of the Fire Department's marine fire and rescue services City Council Business Meeting Page 3 July 9, 2001 Adoption of Public Safety Committee recommendation to implement a fire prevention inspection program. Adoption of Public Safety Committee recommendation to direct the Fire Department to pursue an additional volunteer program. Adopt Resolution 01-029 (Amending Resolution 01-024,) A Resolution of the City of Port Townsend, Washington, Establishing the Arts Commission as a Citizen's Advisory Board UNFINISHED BUSINESS Ordinance 2771 regarding horse taxis was approved earlier in the meeting UNIFIED DEVELOPMENT CODE (UDC) APPEAL City Attorney John Watts summarized the issue, and distributed several items of correspondence. He noted that the county has set a deadline of July 31, 2001, for action on the proposed settlement agreement. The council, at the June 25, 2001 meeting, deferred action on the City Manager's recommendation to withdraw the City's UDC appeal subject to settlement agreement with Jefferson County, for 60 days. He suggested that the council this evening discuss and take action concerning the UDC appeal in light of the County's position. Public Comment: Collette Kostelec: representing the Olympic Environmental Council and the Shine Community Council, stated that the letter asking to settle the appeal by July 31 is contradictory to settling within the previously agreed-upon 90 day settlement period. She stated an informational meeting with state Dept. of Ecology staff was abruptly cancelled by the county without any reason provided. She also stated that no regulation restricts local agencies from adopting more restrictive well construction standards than the state's and that having a repository of information is not the same as having a defensible water monitoring program. She challenged the council to state that their reason for withdrawing the appeal because of the pending tri-area water system sale and not use the excuse that the UDC as written is protective of groundwater. EXECUTIVE SESSION Mayor Masci announced at 8:25 that the council would withdraw for an executive session to discuss potential litigation for approximately 20 minutes and that action may follow the session. RECONVENE The meeting was reconvened at 9:03 p.m. City Council Business Meeting Page 4 July 9, 2001 Motion: Mr. Youse moved to rescind the motion made on June 25 to postpone action on withdrawing the City's appeal of the county Unified Development Plan for 60 days. Mr. Wolcott seconded The motion carried unanimously, 6-0, by voice vote. Motion: Mr. Youse moved to approve the City Manager's recommendation to settle the appeal on the terms listed in the June 25 staff report. Mr. Frank seconded. Vote: the motion carried unanimously, 6-0, by voice vote. NEW BUSINESS POLITICAL SIGNS IN THE RIGHT OF WAY Mr. Watts noted the item has been brought forward for discussion only and gave some history of the legislation and the city's policies regarding enforcement Consensus was that no change is required to the legislation. Mr. Masci asked that staff notify all declared candidates of the regulation and of their responsibilities for political signs. ORDINANCE 2772 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ADOPTING A RIGHT OF PRIVACY FOR UTILITY FRANCHISES UTILIZING THE CITY RIGHTS OF WAY Mr. Watts stated that the recommendation of the Puget Sound Energy Franchise Advisory Committee is to adopt an ordinance regarding protection of customer privacy, specifically that the utility will not transfer customer information gathered through metering or billing activities without permission of the customer. Although a similar measure is pending for adoption by the Washington Utilities and Transportation Committee (WUTC), the committee recommends that local regulation be in place in case the WUTC does not take action or if their action does not adequately protect customer privacy. Dana Roberts, representing the committee, spoke in support of the ordinance. There was no other public comment. Motion: Mr. Lipton moved that for Ordinance 2772, the first reading be considered the second and the third be by title only. Mr. Finnie seconded The motion carried unanimously, 6-0, by voice vote. Ms. Kolacy read the ordinance title. Motion: Mr. Lipton moved for adoption of Ordinance 2772. Mr. Frank seconded The motion carried unanimously by voice vote, 6-0. City Council Business Meeting Page 5 July 9, 2001 RELEASE AND SETTLEMENT AGREEMENT: LABOR & INDUSTRIES CLAIM Mr. Watts explained that a proposed settlement agreement has been reached which would require the city to pay $30,000 to L&I in full settlement of further claims by L&I relating to their assertion that the city was liable for payment of prevailing wages on the Waterman & Katz construction project. In making a settlement, the city admits no wrongdoing but would settle in order to avoid the expense and uncertainty of further litigation, administrative proceedings, and appeals. Public comment: None Mr. Frank asked about the impact on the 2001 budget. Mr. Timmons noted that it would require a supplemental budget allocation but the city would remain within the target fund balance after the expenditure. Motion: Mr. Wolcott moved to authorize the City Manager to execute a Release and Settlement Agreement settling the state Labor and Industries Claim over the Waterman and Katz Building for $30,000. Mr. Youse seconded. The motion carried unanimously, 6-0, by voice vote. SKATEBOARD PARK This additional item was brought up by Mr. Frank, who introduced Robey Robichaux, a citizen involved with the local skateboard group. Motion: Mr. Frank moved to direct the City Manager and the Parks and Recreation Advisory Board to make a site recommendation for a skateboard park which would include an area up to 20, 000 square feet, which will not include a site at Kah Tai Park, and to develop an RFP for professional services to develop a master plan and construction planning and oversight and that the recommendation be returned to the full council by the first regular meeting in September. Mr. Wolcott seconded. The motion carried unanimously, 6-0, by voice vote. Motion: Mr. Frank moved to direct the Finance Committee to look at the current year's budget and authorize up to $20, O00 for supporting the Professional Services RFP which will include design of a master plan as well as construction planning and oversight. Mr. Wolcott seconded. The motion carried unanimously, 6-0, by voice vote. ADJOURN There being no further business, the meeting was adjourned at 10:06 p.m. Attest: Pamela Kolacy, CMC City Clerk City Council Business Meeting Page 6 July 9, 2001