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HomeMy WebLinkAbout05202002CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF MAY 20, 2002 The City Council of the City of Port Townsend met in regular session this twentieth day of May, 2002, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Kees Kolff presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE Councilmembers present at roll call were Freida Fenn, Kees Kolff, Geoff Masci, Catharine Robinson, Michelle Sandoval and Alan Youse. Joe Finnie was excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Mayor Kolff proposed the following changes to the agenda: 1) Add a Community Development/Land Use Committee report directly following the Presiding Officer's report 2) Add discussion of ways to improve communications between council committees and the council as a whole under New Business 3) Add discussion of Glen Cove LAMIRD under Unfinished Business Ms. Robinson objected to bringing forward items for the agenda at the time of the meeting without proper notice to councilors and the public. Mayor Kolff noted that he appreciated this concern but that he would explain the situation further when the discussion occurred. Mr. Youse requested an executive session for the purpose of discussing executive session procedures. Mr. Watts noted that that under the state public meetings act, that would be a topic excluded from discussion in executive session. Mr. Youse requested that the topic be added for discussion under New Business. PRESIDING OFFICER'S REPORT The mayor congratulated Fort Worden and the Rhododendron Festival for successful celebrations. He also said a few words about the downtown revitalization conference held this month in Port Townsend. A facilitated community workshop on Glen Cove issues has been scheduled for June 10, from 7-9 pm at Blue Heron Middle School. City Council Meeting Page 1 May 20, 2002 Mayor Kolffthen stated that he is concemed that there is adequate communication among council members regarding committee meeting issues. He asked the council whether they would support the mayor and city manager instructing staff to come forward with a recommendation about how to add committee summaries or communications to each regular council meeting, either by providing written minutes of each committee meeting for the packet and/or designated spot on the agenda for committee reports. Ms. Sandoval spoke in support of the idea. There being no objections, Mayor Kolffwill work with the City Manager and bring forward a recommendation for a process to accomplish the goal. CITY MANAGER'S REPORT Mr. Timmons commented on the success of this year's Rhododendron Festival. Motion: Mr. Masci moved to amend council rules to add committee minutes and reports to the agenda following the City Manager's report and prior to comments from the public. Ms. Sandoval seconded Motion to table: Ms. Fenn moved to table to motion. Second by Ms. Robinson. The motion carried unanimously, 6-0, by voice vote. The motion was tabled Motion: Mr. Masci moved to declare the Rhododendron Festival the official festival of Port Townsend Mr. Youse seconded Motion to postpone: Ms. Sandoval moved to postpone the motion. Ms. Robinson seconded The motion carried unanimously, 6-0, by voice vote. COMMENTS FROM THE PUBLIC (consent and non-agenda items) James Fritz: supplied an article from the New York Times regarding the devaluation of the dollar and its upcoming dire effect on the economy. Leola Armstrong: quoted from the public disclosure statute and spoke against "secret" meetings by the council, specifically in regard to the recent tree ordinance and the formula store ordinance. She stated that the fact Bainbridge Island has been involved in litigation over a formula store regulation is a "cop out" as a reason for an executive session. She stated she is against adopting such an ordinance and will work against it. She also asked the city to cease its involvement in Glen Cove issues. At this point, the council was reminded that a Community Development/Land Use Committee Report had been added to the agenda. Public comment was suspended until after the report. City Council Meeting Page 2 May 20, 2002 COMMUNITY DEVELOPMENT/LAND USE COMMITTEE REPORT Ms. Sandoval referred the Leader's headline referring to the Community Development/Land Use Committee's executive session as a "secret" meeting. She asked Mr. Watts to define executive sessions and their legal purpose for the record. Mr. Watts stated that although government business is primarily required to be conducted in the open, there are exceptions under the Open Public Meetings Act for discussion of certain topics, including potential litigation, which the governing body or a member is or is likely to become a party to. He added that the Council Rules (1.1.2) provide that all meetings of the city council and council committees shall be open to the public except as provided for in RCW 42.30.110 or RCW 42.30.140. He stated the council rules do provide for both council and council committee executive sessions and noted the authorized reasons for executive session are set forth in RCW 42.30.110. He referred to the Attorney General's desk book which states that attorney client privilege can coexist with t_he open public meetings act. State law does not require actual pending litigation or a specific threat of litigation, just a high likelihood in order for a matter to be discussed in executive session. He stated that the meeting held by the CD/LU Committee was not a "secret" meeting but a meeting closed to the public as allowed under state law. Mr. Masci asked Mr. Watts to provide a definition of"goveming body" from the RCW. PUBLIC COMMENT (RESUMED) Nancy Dorgan: stated she had attended the Community Development/Land Use Committee meeting in question and that just before the meeting, members received a packet of confidential materials from the City Attorney - as a result, the item of a formula store ordinance was removed from the regular agenda to executive session. This was announced at the meeting. She then read material from "Hometown Advantage" in regard to Arcadia, California's efforts to limit the number of formula stores in the city. Bob Sokol: spoke in favor of committee repons at regular council meetings but recommended it be done at the end of the meeting as there would be incentives at that time to keep the repons brief and allow the business of the council and public testimony to occur earlier in the meeting. He also noted that the Rhododendron Festival is actually a county-wide festival and suggested making it the official city/county festival. Ken McBride: noted that the per capita income of cities like Bainbridge Island and Arcadia, California is much higher than Pon Townsend. He said for example that McDonald's in Pon Townsend caters to a tremendous part of the population, some of whom cannot afford to eat at the more expensive downtown restaurants. City Council Meeting Page 3 May 20, 2002 Byron Ruby: spoke in favor of chain stores which sell everyday, "real" items like shoes. The lack of this type of store is not progress but regression. He also stated that he was asked to leave the Food Coop because he was selling buddy poppies there which was considered soliciting. He said he feels very down on that since the money goes to veteran's hospitals and widows and orphans of veterans. Bob Hinton: requested that the Transportation Committee look into the issue of not allowing parking on Water Street during the Kiddie Parade; stated that this prevents elderly and handicapped from viewing the parade and impacts parking in the residential area. Jim Washrup [sp] · stated that revenue enhancements, levies, fees and impact fees are all other terms for taxes. In regard to the committee executive session, he stated that he has a discomfort level when an action is justified by legal means rather than as the right thing to do. CONSENT AGENDA Motion: Mr. Masci moved to approve the following items on the consent agenda. Ms. Robinson seconded The motion carried unanimously, 6-0, by voice vote. Approval of Bills~ Claims and Warrants Vouchers 81696 through 81703, and 81710 through 81853 in the amount of $616,016.20 Approval of Minutes Regular Session of May 6, 2002 Special Session of May 13, 2002 Adoption of Ordinance ORDINANCE 2807 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE, SECTION 5.08.045, EXEMPTION, CHAPTER 5.08, BUSINESS LICENSES AND REGULATIONS, TO EXEMPT NON-PROFIT ORGANIZATIONS FROM COMPLICNACE WITH CHAPTER 5.08 Approval of Action Approve acceptance of COPS in schools grant award and authorize the Finance Drector to include the total grant award amount (revenue and expense) as an item in the next supplemental budget amendment. UNFINISHED BUSINESS GLEN COVE - DISCUSSION City Council Meeting Page 4 May 20, 2002 Mayor Kolffread from his letter to the Board of County Commissioners regarding the council's endorsement of the Nielsen Report on the Glen Cove LAMIRD designation. He noted the letter had been unanimously endorsed by the council. He stated he then met with Commissioner Tittemess to discuss the timeline and agreed they would like to move forward with the process as quickly as possible. He added that nothing could be construed as an official agreement as the mayor cannot take that type of action without express direction from the council. He added that this item had not been placed on the meeting agenda for this evening because although some briefing had been received by the negotiating team, there was no official response to the city's letter by the time council packets were prepared and the city assumed there would be no written response from the county in time to prepare an agenda item. The city then found the county had prepared a draft letter on Friday which was sent from David Goldsmith prior to review by the BOCC. The Commissioners reviewed the letter this morning and delivered a copy to the City Clerk on Monday morning. He apologized for the confusion and hoped that those who wished to comment on the issue were not left out by the fact it was not listed on the agenda. He added there is still time for written comments or for any individual council member to hear comments from the public with regard to the issue. County Commissioner Richard Wojt was recognized to present a statement on behalf of the Board of County Commissioners. He stated that the issue has been before the citizens of the county for many years and the inability to come to a resolution is thwarting some of the economic issues facing many businesses we are trying to keep in the county as well as those we are trying to develop. He stated the county has a two pronged process: first is the amendment of the Comprehensive Plan to establish the LAMIRD boundaries; second is the process of amending the Unified Development Code about what happens within that boundary. He stated that essentially their belief is that we have come to agreement that the arbitrator would give his opinion on the defensibility of the boundary and that has been done. The report also stated that this permanent boundary is defensible only if there are changes made to the UDC. The Commissioners understand the city has an interest in this process as well. Neither of the processes will come to conclusion until they reach conclusion at the same time. He said the Commissioners feel that this will meet the process requirements of the Interlocal Agreements in terms of meeting with the city and having the city's concerns weigh heavily. In its desire to cooperate, the city is making recommendations to the county as to its interpretation of the law and what we ought to consider in representing the people of the county and with that in mind this is the direction we are taking. Right now we agree that Nielsen is correct, with minor changes to the boundary for Glen Cove and now we are in the process of dealing with the city to see what agreements we can come to on bulk and dimension, ground cover, etc. He then reminded the city that this is a county process and with all respect to the city council he asked all of them to remember that in the end the commissioners have to make the decision just as sometimes things that happen in the city that are of concern to the county, City Council Meeting Page 5 May 20, 2002 and the commissioners bow to your community's desire to have the councilors govem the city. Public comment: Byron Ruby: stated that the city serving the Tri-Area with water service was a monkey on the city's back. The people in Glen Cove are not interested in having this thing change over; the city has plenty to do without taking on a new pot of beans that may boil over. He stated he is certainly not for the city acquiring Glen Cove and not for the county to accede to the city's wishes. Nancy Dorgan: after receiving permission from the mayor to take more than three minutes, read a letter from People for a Liveable Community to Mr. Nielsen commenting on his report and asking several questions. She stated that Mr. Nielsen has promised to provide a written reply. She urged the council not to agree to any boundary until that reply is received and the city holds its workshop. She remarked on the absence of 1990 infrastructure, failure to contain the size of the LAMIRD, that the issue should remain with council and not be assigned to staff. She said that if the city settles now it will lose all leverage; if the city accepts the boundary there will be no further negotiations. She added that even a modified LAMIRD expansion does not serve the needs of the city. In addition, she noted the broad impact of tax revenues lost from businesses locating in the county rather than the city; the development impacts on the buffer corridor entrance to Port Townsend, and the currently allowed uses in Glen Cove. She stated her hope that rejecting a premature conclusion of talks with the county will help allow time for the June town hall meeting to occur before any final decision is made. Ken McBride: said he represents people who need living wage jobs, who eat at McDonald's and carpool to Silverdale because they can't afford to go separately. He stated that the council agreed with the BOCC to have a mediator decide what should be done with the boundary at Glen Cove. This unbiased expert recommended the expansion of the boundaries but some council members don't want to accept this and bring up other issues because it was not what they wanted to hear. Council members continue to want to analyze, be cautious, have more meetings and there have been years of that and now we hear that the PLC wants the Neilsen report etc. etc. That is called monkey- wrenching. Some can monkey-wrench until you get your way but it is time for the city council to get out of county commissioner business and start paying attention to the important things in the city such as parking, Main Street, infrastructure, more liveable wage jobs in city - not Glen Cove, banning formula stores, quality of life, noise, trees, purchasing land with taxpayer dollars for parks. He hopes the BOCC realize they have done enough by involving the city to this point. Mark Grant: said he is confused as to why he is addressing these comments to the council rather than the commissioners and so will make them to both. He stated he is in favor of the LAMIRD and said it makes common sense to move forward as quickly as possible. He added there has been enough deliberation over the years. LAMIRD expansion stands for positive economic development, living wage jobs, tax-based City Council Meeting Page 6 May 20, 2002 stabilization, increased state and B&O tax to the county, better schools, better police protection, better fire protection, better roads, parks, recreation opportunities, retention of jobs and increase in employment opportunities which boosts the morale of the citizens of Jefferson County and stabilizes the job losses of the inevitable layoffs. He asked what could be the basis for not moving forward. If you look at land in the city artificially restricted by regulations and excessive real estate prices, you can see there is a need for space in the county for those who want to expand their businesses. It is difficult to recruit businesses from out of the area, but we can take care of our own and expand from the inside out by allowing this opportunity and by moving forward as quickly as possible. Dan Tittemess, County Commissioner, stated that from the first day, expansion of Glen Cove was presented to the council by the planning staff as an area which would not include commercial uses and it is distressing to hear rhetoric saying that is what will happen there. He reminded the mayor that when we first sat down to discuss an agreement, the primary goal was to define the boundary in a public forum so everybody knew where they stood; that is why language says as soon as the Neilsen report is done, we will move forward and define the boundary as the first step. He urged the city to respect this. Dick Bothell: stated he represents the type of business everyone seems to want, a small manufacturer with eight employees and a reasonably high-tech oriented business which started from humble beginnings. He purchased property in Glen Cove and now his business is limited in terms of growth potential by the location; when the LAMIRD issue is settled he will have the opportunity to plan for his business. He described some of his employees and noted that he thinks his business is one of the many creative businesses in the county which can make it a liveable community. If this does not happen, then the process has been wrong. Tom McNemey: said he has been following this process for many years and was frankly a little disappointed when heard there would be an agreement between the city and county because that hasn't always been healthy; if it didn't go right, someone would renege. He said that when a neutral person was asked to look at the proposal and give an opinion, the county bought off on it and we thought the city would too, but suddenly the city doesn't buy the boundary because where is your leverage if you agree. He said it is important to follow through on what has already been agreed upon and maintain the integrity that citizens want to see. He urged the council not to use the leverage excuse to get out of the agreement. He stated the county will go ahead and resolve what will take place inside the boundary and on that process the city will have to trust the county to be responsible; they want to be cooperative and if you do what you promised, then he is sure the county will take the city's concerns into consideration. He said the city might do well to concentrate on beautifying the Sims Way corridor which is now less attractive than Highway 20 in the county. JeffKelety: he stated he is not opposed to a negotiated settlement but does not support negotiations for negotiations sake. He added that both parties must have an agreement that serves both their interests and the county's offer cannot serve the best interests of the City Council Meeting Page 7 May 20, 2002 city. He said that for the county to come to the table offering only the LAMIRD boundary is too narrow in scope and won't serve the city or its citizens. He supports proceeding toward settlement only when and if all elements of negotiations are squarely on the table and serve the best interests of the people of Port Townsend. He said that one side cannot come here and demand that their interests are served. Glen Huntingford, County Commissioner. He stated he represents many people who would like to live and work here. The BOCC is in total agreement about how we think this should move forward. He reminded the council that the county staff worked with the city staff and they were in agreement to move the boundary issue forward. At that time there was a question about staff interpreting the law correctly but the Nielsen report supported the interpretation and we have asked the city to support the boundary. He added that the BOCC is not looking at adopting the boundary until the UDC is ready to go with it. He added that the boundary has nohting to do with what may happen in the future; it is strictly derived from the built environment and that is how Mr. Nielsen interpreted it from other hearing board decisions. He added that the county needs to help all those people who want to expand or move their businesses and have no place to go. On the issue of negotiations, he stated that the process is more of a discussion on issues. He said he told the council that once the UDC amendments are proposed, he will not cut a deal with the council because the commissioners must follow public process so that everyone gets a shot at commenting and he does not want the impression that it doesn't matter what comments are made because a deal has already been cut with the city. He hopes the city does not appeal; the county is committed to many of the things the city asked for and many things that Nielsen brought forward which are only recommendations of what to look at. He is willing to have discussions but the UDC changes must go through public process so there isn't a challenge from someone else. He added as far as timeline, sooner is better than later and the earliest it could happen is in 62 days but he would expect it to take a bit longer. He stated he hopes the PLC gets their concerns met so we can get this behind us and move on to other issues. He said the county can't afford to keep spending our money on land issues that aren't worth the fight. He hopes it will be done in 90 days. Ron Gregory. Pt. Ludlow. He stated that not long ago a city manager form of government was approved and there was a great deal of hope that the animosity that was here would go away between the city and the county; a complete change of city council happened at that time. Now we are hearing the same old confrontation, more arguments and the city poking its nose where it shouldn't be. He asked why the city is doing this and what they expect to gain. He added we need economic opportunity in the county and it is not happening; every time you squeeze down land use you take away opportunity. He asked if the council wants to go on record as creating more barriers to opportunity. He urged the council to follow their commitments and stop the fractionalization that exists tonight, quit having more meetings and committees and stop the confrontation. Bill Leavitt: stated he has not addressed the council in 25 years but can give some historical perspective. He said he started a trucking business 20 years ago in the street in City Council Meeting Page 8 May 20, 2002 front of his house; not too many years later he needed more room and moved to the county. He now has a substantial business, the point is that back then he had the opportunity to move to a place that made sense, just as Glen Cove makes sense for other businesses to move out to now. He added that people think nothing has ever gone out there but there have been many activities that have gone as which are precedents for business use. Jim Mosher (?): stated that although he came to talk about takes he feels compelled to express a certain level of discomfort with the meeting. He said Glen Cove was not on the agenda but Ms. Dorgan was given permission to read a ten minutes memo and it sounds like a bit of a rigged game. He said he doesn't know enough about it to be for or against but it seems to make some sense to eliminate the middle man. Citizens of Port Townsend are also citizens of the county and if they have something to say as citizens of the county, why can't they just say it to the county commissioners without going through the city council? Bob Sokol: stated that at the beginning of the meeting, the mayor said a letter was sent to the BOCC accepting the results of the Nielsen report so why are we still talking about the boundaries. Who is doing the negotiating? The member mentioned are members of the CD/LU Committee and should come under the rules of a committee meeting and conduct business in public. He asked that the issues be spelled out and then pointed out that prior to 1995 Glen Cove was almost 300 acres which was tightlined down to 68 acres. In other words, if the current 68 acres were doubled to 136 acres, it is still less than half the size of the pre-Comprehensive Plan Glen Cove area. He said this is a statistical game and one must be careful what you are talking about and when you are talking about it. John Lockwood: encouraged the council to read Attorney Steel's letter in detail. He said that Nielsen gave little explanation of his justification and no explanation as to criteria. A series of legal issues has been raised so it would behoove the council to receive Nielsen's answer before going forward. As to why the city is involved, he stated that the sub-area planning process to define the UGA will look at all zoning categories in a UGA. New zoning may change - this is obviously not final but one more step in the county's road to commercializing Glen Cove. James Fritz: said his understanding is that GMA was to set aside enough land to meet needs for 20 years but we don't have enough now. He said that Jefferson County was voted the county wherein people are most likely to build without a permit, this shows people are disenchanted with government. He noted artists and musicians are leaving town and that high school graduating classes are shrinking. He stated that middle class people cannot afford to live here, there are empty store fronts and we are not even in the recession yet. He said we can sue and argue and all of a sudden GMA will be thrown out and people will do what they want to; we must make the GMA work or in the end it will destroy everything everyone has worked for. City Council Meeting Page 9 May 20, 2002 Mr. Tittemess responded to Mr. Lockwood's statement that the city may determine when it needs space to expand. He said that counties have the authority to expand a UGA and although they must do it in conjunction with cities, the action lies with the county. Ms. Sandoval stated that contrary to some speakers' opinions, the entities are not at loggerheads but are working toward resolution and she feels positive about the future of negotiations and agreement between the city and the county. She expressed appreciation for the presence of the County Commissioners and said that the city should not be thought of as "butting in" but as moving toward completion for the first time in many years. She reminded the council that we have agreed to move forward but that the terms of agreement also say the LAMIRD design must be consistent with GMA criteria. She said the Nielsen report does not just draw a line but states that the analysis of establishing a compliant LAMIRD is a three-step process. Ms. Fenn stated that this is a good chance for the municipalities to talk to each other, have a conversation and a collaborative process. She stated she is no longer a member of PLC but thanked them for their careful research. She said she is looking forward to Mr. Nielsen's reply to the PLC. Mr. Masci stated that it is necessary to de-link the issues of LAMIRD boundary and uses. The existing uses are entirely a county matter following input from the city. The city is the UGA but not the goveming body; he asked the council not to insult the commissioners by implying they will not do this well. Motion: Mr. Masci moved to endorse the Nielsen LAMIRD boundary and instruct the negotiating team to support that position and also to trust the county to follow through on existing uses through the UDC public process. Mr. Youse seconded Ms. Robinson stated that as she reads the Nielsen Report, it doesn't seem that he gave a specific opinion about the expanded LAMIRD boundary. He said it was for the purposes of the report and was assuming that compliance on the issue will be found. He took himself out of the opinion and proceeded to talk abut the criteria as opposed to giving an up or a down, so that in some ways leaves us in a slightly confusing place because we can't lean on him completely and it seems that we do need to keep going forward in the process we have laid out. The second point of confusion is that if we did agree on the boundary alone without bulk and dimension and other things that Nielsen points to, how can property owners determine what they can or can't do. For a property owner to determine what use is allowed, the whole thing has to go together. She also asked for clarification on what the GMA says is allowable for cities and counties to do in terms of cooperation and planning along their borders. Mr. Watts stated that generally the GMA encourages cities and counties to work collaboratively as well as they can to make development consistent with the GMA. The collaboration is probably not required, other than in certain specific areas like UGA designation. Planning beyond that is not specifically required but is commonly done through the state by cities and counties collaborating. City Council Meeting Page 10 May 20, 2002 Mr. Kolff stated he cannot support the motion. He clarified that the negotiators were three individuals clearly selected by the council - the matter was not referred to any standing committee. He said the MOU also states that city and county staffs and elected officials will be involved in the negotiations and Mr. Timmons, Mr. Watts and Mr. Randall are involved at the staff level. He declared it would be a big mistake to truncate the process and have a non-negotiated decision when there has been no chance to sit down and negotiate. He asked the council to honor the process embarked upon. Mr. Masci stated that he believed the Nielsen report was clear on the recommended boundary since it was adjusted to conform to the built environment. From the county perspective, the boundary is a comprehensive plan issue and the allowed uses are a UDC issue. Vote: the motion failed, 2-4, by voice vote, with Fenn, Kolff, Robinson and Sandoval opposed. RECESS Mayor Kolffdeclared a recess at 9:00 p.m. for a break. RECONVENE The meeting was reconvened at 9:10 p.m. QUALITY OF LIFE COUNCIL Mr. Watts stated that the Community Development/Land Use Committee has recommended the establishment of a voluntary resolution program for nuisance complaints which has the working title "quality of life" council. The group would undertake mediation of disputes among citizens who have complaints about issues like noise, light, and other issues which at this time are often referred to the Police Department. He added that if the council supports the action, draft documents will be prepared for the committee and then forwarded to the city council for approval. Ms. Robinson asked about the name of the group. Mr. Watts stated his recommendation that the phrase "quality of life council" be replaced by "voluntary mediation program" and the group could recommend to the manager or council areas where city codes might be strengthened in addition to mediating individual disputes. Ms. Robinson asked if there is any criteria for appointment to this body. Mr. Watts replied that would be dealt with as the document progresses, it if does. All would be worked out and brought back to the council if the concept is approved. Public comment: Bob Sokol stated is seems apparent that nobody really knows what a quality of life council is; this is supposed to be a first touch but I don't have a feeling that anyone City Council Meeting Page 11 May 20, 2002 knows what you are touching. He added he would like to know more, including a definition of quality of life since everyone has a different idea about that and it doesn't really sound like a council. Mr. Masci stated that the only thing that links the two issues (noise and quality of life council) is Mr. Mandelbaum. He stated he believes the issue should be separated. Ms. Sandoval explained that they were linked because the idea of the quality of life council grew out of the noise ordinance discussion as it expanded to include methods of enforcement and other nuisance issues. Motion: Mr. Masci moved to divide the question and discuss the quality of life council separately from the noise ordinance. Ms. Robinson seconded The motion carried unanimously, 6-0, by voice vote. Mr. Masci stated the idea of a quality of life council is the height of silliness. He believes it is another intrusion into life by the government and smacks of the government being designated as "culture cop". He said the negotiators would have the imprimatur of city approval and therefore would profit in their business. He stated the only people truly benefiting will be those who are designated mediators. He said this is another slippery slope which may lead to litigation against the city. Ms. Sandoval stated that the committee believed this is a way to find resolution without using lawsuits. She stated she would not fall on her sword over this issue, but believes that it is simply a way to accomplish allowing people to be able to talk out situations and problems among them instead of having police involved at the first complaint. Ms. Robinson asked how much of a problem this is in terms of the time spent by police currently. Mr. Timmons noted that people will often call the police regarding nuisance complaints, rather than calling their neighbors and thus the police are dealing more and more with social issues rather than law enforcement.. Mr. Watts stated that the police say they average about 2 or 3 complaints about noise a week. Motion: Mr. Kolff moved to authorize the continued effort on the part of the Community Development and Land Use Committee to pursue a volunteer mediation program and draft a proposal for consideration by the City Council. Ms. Robinson seconded The motion carried, 4-2, by voice vote, with Masci and Youse opposed Motion: Ms. Sandoval moved that the City Council is award the Community Development/Land Use Committee will continue to work on a noise ordinance to be adopted in the fourth quarter of 2002 after a public hearing. Ms. Robinson seconded The motion carried, 4-2, by voice vote, with Masci and Youse opposed City Council Meeting Page 12 May 20, 2002 LOCAL INVESTMENT TASK FORCE Mr. Timmons stated that the Community Development/Land Use Committee has been discussing the concept of a local investment task force which was originally raised at the council retreat in January. The task force would identify current and future strategies to enhance local control of economic development options based on local values. Ms. Sandoval expressed enthusiasm about the proposal. Public comment. Nancy Dorgan: spoke in support of the recommendation.. Motion: Mr. Masci moved to adopt the recommendation of the Community Development and Land Use Committee and adopt the Local Investment Task Force Mission Statement and Goals. Ms. Robinson seconded The motion carried unanimously, 6-0, by voice vote. PARKING TASK FORCE Mr. Timmons noted that various groups have discussed the issues or parking in the city and the Transportation Committee has proposed that a consultant be tasked with providing technical assistance to a committee of stakeholders and citizens to determine a demand managements parking strategy. Public Comment: Nancy Dorgan expressed some objections about the involvement of a consultant and asked for clarification about the exact scope of the project, whether it would include industrial areas. Mr. Youse spoke in favor of the motion. Mr. Masci noted the consultant would be able to assist the committee in establishing priorities for the most needed areas. Motion: Mr. Masci moved to adopt the recommendation of Transportation Committee that a Parking Task Force be appointed and assigned the issue of demand management parking strategy and all other relative parking issues including commercial/industrial and residential parking impacts as the primary work plan task and that the task force include nine members including members with certain special expertise (Jefferson Transit, Main Street, Chamber of Commerce) as well as representatives from the general public. Ms. Sandoval seconded The motion carried unanimously, 6-0, by voice vote. RESOLUTION 02-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH A CONSULTING City Council Meeting Page 13 May 20, 2002 ENGINEERING FIRM TO PREPARE AN OVERALL IMPLEMENTATION STRATEGY AND SCHEDULE FOR WATER, SEWER AND TRANSPORTATION IMPROVEMENTS IN THE UPPER SIMS WAY COMMERCIAL AREA Mr. Timmons stated that the city Comprehensive Plan identifies transportation and utility improvements in the Sims Way Commercial District as a priority. He said that in order to coordinate funding and implementation of the project, a plan to integrate all components must be developed. He proposes hiring an engineering firm to prepare preliminary engineering designs, cost estimates, methods of funding and reimbursement and an overall implementation strategy and schedule for water, sewer and transportation improvements in the area. The project scope includes a review of all adopted city planning documents to identify planned projects in the study area and confirm their validity, prioritize them and He noted that is has been difficult for new businesses to locate in the area because of the huge costs of developing the amount of infrastructure necessary. The city has until now expected the business owners to bear all the costs and it has not proved feasible. As the businesses develop in the area, traffic will also become a major consideration and the study will include a warrant study for traffic devices which may be installed on Highway 20. Funding which has been allocated in the capital budget for infrastructure will be used. Public comment: Nancy Dorgan: thinks the project should go to a committee and a council workshop; believes light industrial use should receive special consideration and wants to know why the city staff can't do the work in house. Ms. Sandoval spoke in favor of the motion. She said she understands that the city has been dealing with this for a long time and feels very comfortable going forward. She asked Mr. Timmons to expand on the use of the funding. Mr. Timmons noted that the $250,000 number is a total. He said the cost will begin low and then escalate as the transportation element is incorporated. Some reprioritization of funding will occur as most of the money had been earmarked this year for a preliminary design for Discovery Road from Hastings to Sheridan. Motion: Mr. Masci moved for adoption of Resolution 02-022. Mr. Youse seconded Ms. Fenn stated that this is such a huge dollar amount, she feels the council should have a workshop to discuss it in more detail. She thinks the council should have some reflection time to explore the content of the project. Mr. Timmons stated that the project is timely and a major undertaking. He suggested that the workshop be scheduled next week if necessary. He added that much of this does not appear in t,he legislative priorities because it is an administrative work plan item. Many City Council Meeting Page 14 May 20, 2002 of the items currently on the work plan are being consolidated to try to focus the strategy. He added that he has reworked the staff work plan in this subject area. Ms. Sandoval asked if the distressed county funding could be applied toward the cost of the project. Mr. Timmons said that it may be and staff would pursue that. Vote: the motion carried, 5-1, by voice vote, Fenn opposed RESOLUTION 02-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORITING THE CITY MANAGER TO TAKE THE NECESSARY STEPS TO APPLY FOR AND OBTAIN DEPARTMENT OF ECOLOGY (DOE) APPROVAL OF A 34 ACRE-FEET/YEAR WATER RIGHT TO IRRIGATE THE GOLF COURSE Mr. Timmons stated the golf course lease agreement calls for the city to provide water to the golf course for irrigation purposes. The use of ground water to irrigate the golf course would reduce the demand for surface water during the critical summer months and the water could also be used as an emergency backup in the event of a temporary loss of surface water. The use of ground water requires an approved DOE water right and the approval process can take many years to complete. The approval does not obligate the city to construct a well at this time; that would be approved by the City Council in the future. Motion: Mr. Masci moved for adoption of Resolution 02-023. Mr. Youse seconded Public comment: None Public Works Director Ken Clow stated that the action simply starts the process and reiterated that this is not an action to build a well but the process is so lengthy it makes sense to begin in case there is a need and the Council at some time decides to approve. Vote: the motion carried, 4-2, by voice vote with Koff and Fenn opposed Mr. Timmons noted that it is the intent of the administration to continue to look into alternatives and work with the General Government Committee on the issues. RESOLUTION 02-024 A RESOLUTION OF THE CITY COUNCIL OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO EXECUTE A COLLECTIVE BARGAINING AGREEMENT WITH LOCAL UNION NO. 589 OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS FOR POLICE DEPARTMENT EMPLOYEES EFFECTIVE JANUARY 1, 2002 THROUGH DECEMBER 31, 2004 City Council Meeting Page 15 May 20, 2002 Mr. Timmons noted that the negotiations were a collaborative process resulting in an agreement which provides a more stable benefit program which should maintain current employee benefits while stabilizing the cost to the city over the next several years. Public comment: None Motion: Mr. Youse moved for adoption of Resolution 02-024. Mr. Masci seconded. The motion carried unanimously, 6-0, by voice vote. EXECUTIVE SESSIONS Mr. Youse stated that he is not in favor of executive sessions at committee meetings since he feels all council members should be included in an executive session. He suggested that all executive session matters be referred to a full council meeting. Mr. Masci stated that in this community appearance of openness is more important than the letter of the law; it is much more respectful of the public to not have closed sessions as a committee group. He noted that a previous council had been "turned in" to the public disclosure commission for nothing more than talking together on the street. He suggested that an addition to council rules be crafted which exempts committees from the ability to meet in executive session. Ms. Sandoval said she though committee executive sessions should be kept to a minimum but not prohibited to the point where it ties the hands of the committee. Mr. Kolff stated he believes the issue has been blown out of proportion and urged that there be no change to the flexibility currently enjoyed by committees so they can produce work in a timely manner. COMMITTEE REPORTS The earlier motion by Mr. Masci was not removed from the table. A very brief discussion was held due to the lateness of the hour. There was support for including committee reports at some point in each regular agenda. ADJOURN There being no further business, the meeting was adjourned at 11:05 p.m. Attest: Pamela Kolacy, CMC, City Clerk'" City Council Meeting Page 16 May 20, 2002