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HomeMy WebLinkAbout03112002CITY OF PORT TOWNSEND MINUTES OF THE SPECIAL SESSION OF MARCH 11, 2002 The City Council of the City of Port Townsend met in regular session this eleventh day of March 2002, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Kees Kolff presiding. ROLL CALL Councilmembers present at roll call were Freida Fenn, Kees Kolff, Michelle Sandoval and Catharine Robinson. Mr. Masci (ill) and Mr. Finnie (out of town) were excused. Mr. Youse notified the Clerk he would be late. Staff members present were City Manager David Timmons, City Attorney John Watts, BCD Director Jeff Randall, Public Works Director Ken Clow and City Clerk Para Kolacy. There were no changes to the agenda. RECREATION SERVICE AGREEMENT (YMCA) Mr. Timmons introduced the topic. He noted a partnership with the YMCA could be the first step in a broader expansion of services, with a potential of multiple partnerships. The concept was one of a number of opportunities identified during the 2000 recreation summit. He noted that the current plan assigns only the programming aspect of the city's recreation programs to a third-party non profit agency. It would allow programs to continue to expand beyond the corporate limits of the city as well as provide expanded opportunities for a larger user group. He added that the direction has not been to diminish any currently enjoyed benefits nor to interfere with current use of the Community Center. The stated goal of the current proposal is to enhance and improve upon the level of service enjoyed by the community. He then introduced Bill Kush, who has been working with the new YMCA Board of Directors. Mr. Kush introduced Scott Walker, Chair or the Board of Directors and Mr. Walker introduced several Board members present in the audience. Dan Maguire of the Clallam County Family YMCA was introduced and made comments. BREAK At about 7:30, the Mayor called a short break in the meeting so staffcould address some problems with the sound system. RECONVENE City Council Special Meeting Page 1 March 11, 2002 The meeting was reconvened at 7:40. Mr. Youse arrived during the break Ms. Sandoval questioned whether an organization with "Christian" in its name would discriminate against non-Christians. She also asked who would collect the funds. Ms. Robinson asked how much support the local chapters receive from the national Y organization. Mr. Maguire stated that the national organization acts more as a resource for training. Mr. Timmons noted that revenue would be derived from private donors and from user fees as well as the support pledged by the city. Public comment: Harry Dilts: stated the city should put together a statement of need showing how many kids get into trouble and addressing any lack of wholesomeness in the community. Mark Huth: Preident of the Kiwanis, expressed support for the YMCA program. He stated he understands the trepidation about spending taxpayer money but asked the City to step forward for the experiment and measure success by the performance based criteria identified by staf. With the Clallam YMCA backing it, it should be a success; if the county sees success, then transferring more services to private organizations may become one way of dealing with people's current concerns with "big government". Peter Jewell: member of the board of the Port Townsend Senior Association. Noted he had considerable concerns about the "Y" moving into the basement and displacing activities and those concerns have been fairly well put to rest. He did object to the word "spirit" in the mission statement and the fact that the title does not indicate a secular organization. Nancy Dorgan: stated one of the advantages of contracting with the "Y" is their ability to support activities that cannot be done under the city's auspices due to liability concerns. She said a community should take responsibility for recreation for citizens and believes people would support a special taxing district for something so noble and wonderful and suggested that option has not been explored as thoroughly as the "Y" model. She also asked for something "carved in stone" saying the food bank would not be displaced by the third party provider. She also advised the Council not to sign an agreement until issues with the county have been resolved. Bev Park: President of the Senior Association: expressed concerns about the food bank being displaced and talked about the great need in the community for the food bank. She said if the city wants to do something for kids they should go ahead, but the Association is concerned about the functions they sponsor in the Community Center. City Council Special Meeting Page 2 March 11, 2002 Jeff Soder: stated he is a prevention specialist with the County Health and Human Services Division. He said he is very excited about the proposal in some ways but also believes the establishment of performance measures is critical. He suggested the final contract may need an outside evaluator. Loren Hamer: stated he is a local pastor and school district coach who has known Bill Kush for many years; he stated that one of the main benefits of the partnership is that there would be no change in staff. He addressed the need for volunteers and extra money to make a good program better. He stated the contract requires us to go into the project not with fear but as a possibility for great adventure and growth and that more people will join the effort when they think they have the possibility of impacting the lives of young people. He said that "Y"s around the world have demonstrated their value and the local recreation program will grow under the direction of the Mr. Kush and Mr. Walker. He stated he feels comfortable urging the council to adopt the contract. Catharine McNabb: stated she has been a city employee since the inception of the Recreation Program and praised Bill Kush for building the program from a very small beginning to its current excellence. She noted that in 1995 the City won an Association of Washington Cities award for a recreation program in a city of this size. She added she is also a supporter of the food bank and does not want to see them displaced but that the issue must be taken up with Jefferson County and is not something that can be decided by the "Y" or the City. Mayor Kolff suggested dividing the discussion into two components, whether to go forward in the direction of working out some type of contract for services with the YMCA and defining the concerns, issues or topics we want to include in that contract. Motion: Ms. Sandoval moved that the council go forward with pursuing a contract with the YMCA for recreation services. Mr. Youse seconded Amendment: Ms. Fenn proposed an amendment to the motion to change the wording to "the city continue to explore a contract with the YMCA" There were no objections to the amendment. Ms. Robinson spoke in favor of the amended motion, noting that she would like to slow down so that her questions can be answered to her full satisfaction. Ms. Fenn referred to a petition against the YMCA contract that she received this weekend. Vote: the amended motion carried unanimously, 5-0, by roll call vote. Motion: Ms. Fenn moved to refer the YMCA contract for recreational services to the Community Development committee to determine outstanding issues and make a recommendation back to the full Council. Ms. Robinson seconded The motion carried, 4-1 by voice vote, with Mr. Youse opposed City Council Special Meeting Page 3 March 11, 2002 Mr. Timmons requested that the determined concerns be submitted to the administration in writing as soon as possible so he can respond. He added that some issues must be segregated as the YMCA relationship with the County is not our decision. Community Center issues in particular are County, not City, issues. He clarified that the petition received by Councilor Fenn is in reference to the Community Center and senior programs which fall under the purview of Jefferson County. RESOLUTION 02-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH MIKE EARLY GOLF SHOPS, INC. FOR A FIVE YEAR LEASE EXTENSION FOR THE PORT TOWNSEND MUNICIPAL GOLF COURSE City Attorney John Watts stated that the City and Mike Early have been negotiating over outstanding issues including an extension of the golf course operation lease. The parties have agreed to solve outstanding issues with a five-year lease extension (to December 31, 2006), with a percentage rent based on gross receipts. The City can then begin the planning process for the future of the golf course. Mr. Watts noted that a letter dated March 11 has been received from Nancy Sendler urging the Council to include in the contract a commitment to receive certification from the Audubon program within three years. Mr. Watts stated that he recommends the Council not delay execution of the agreement at this time as that would only reopen negotiations. He stated the City's best interests are in resolving the length of term of the agreement and that the Audubon program can be included in the upcoming planning process. Mr. Timmons then noted he had spoken with Ms. Sendler and that she is supportive of the overall direction of the City in relation to the Golf Course. Public comment Forest Shomer: stated he helped draft the original golf course agreement in 1985. He added he would love to see the contract issues resolved and recommended future work on forest management, water issues, vegetation and conservation practices. Tim Caldwell: former member of the Parks and Recreation Board and member of the golf course stated that approving an agreement for the term suggested provides a good opportunity to do long range planning. He supported approval of the lease. Motion: Mr. Youse moved to approve Resolution 02-009. Ms. Robinson seconded The motion carried unanimously, 5-0, by voice vote. City Council Special Meeting Page 4 March 11, 2002 PROPOSED GLEN COVE EXPANSION (LAMIRD) Mr. Timmons announced that the Council has been invited to meet Thursday at 6:30 pm in the County Commissioner chambers and the Council must discuss whether they can attend the meeting. Building & Community Development Director Jeff Randall presented the topic. He gave a brief recent history of current proposal of the Board of County Commissioners to expand the Glen Cove Light Industrial/Commercial District boundary. The revision would be implemented through Growth Management Act provisions relating to Limited Areas of More Intensive Rural Development (LAMIRD). He then stated that the City's interest in this action relates to the amount of vacant land within the Port Townsend city limits which is zoned for light manufacturing. Providing more land in Glen Cove will mean that double the number of City acres will be available at a lesser cost, thus encouraging development to locate outside the City, which is the designated Urban Growth Area. The expansion of the Glen Cove LAMIRD would also bring the boundary to within a quarter mile of the city limits and that proximity raises some questions in regard to GMA compliance. In addition, the County's own Comprehensive Plan indicates that the interim designation and boundary be revisited upon completion of the Glen Cove Study through the Comprehensive Plan Amendment process. The BOCC position is that economic development depends on the action; county staff believe there is a provision for interim controls prior to formal action through a Comp Plan amendment. Mr. Watts stated that the Council needs to give the administration some direction about what to do regarding the BOCC hearing so the City's interests can be articulated. For example, the city has made considerable investment to support light manufacturing and industrial use and would like to not be undermined in terms of that effort. Ms. Sandoval asked if the City can appeal the decision. Mr. Watts replied that it can. She also asked about whether vesting could occur once an interim ordinance is in place. Mr. Watts confirmed that if a project becomes vested under regulations, include interim regulations, which are in place at the time, the applicant becomes vested even if the regulation is later overturned. Ms. Sandoval requested a copy of the water service area map. Public Comment: Robert Logan: asked what recourse the city has to stop this action. He stated his belief that all agree this shouldn't happen. Nancy Dorgan: disagrees with process and believes the action is legally indefensible and a thinly veiled attempt to vest building permits. She stated the Growth Management Act City Council Special Meeting Page 5 March 11, 2002 gives the City a voice in what happens just outside its borders and asked the council to strongly object to the BOCC Jim Garrett: owns business and property in Glen Cove which is inside the current boundary. He stated although he has no financial interest in the outcome, he urged the city not to oppose the new boundary. He noted that 20 of the acres currently within the boundary are not for sale. He said his choice to locate in Glen Cove was for aesthetic reasons as everything within the city seemed to be a "cookie cutter" look with no interest or variety. He added that Glen Cove is a good alternative for some who wish to bring their businesses to the area. Nora Regan: urged the prevention of haphazard development leading to sprawl. She stated that one of the Comprehensive Plan goals is to protect and preserve the rural area around the town. Once the city has developed all zoned land in the city it will make sense to expand borders but until then businesses should be encouraged to locate within the city limits. She asked that the council put a stop to the sudden move on the part of the County in a way that defies the County Comprehensive Plan; she believes the County must participate in the amendment process like everyone else and not set a precedent for strip development on Highway 20. John Lockwood: stated he is an ardent supporter of the Growth Management Act and convinced that without it there would be strip development running from Port Townsend to Chimacum. He said the County's proposed expansion of Glen Cove is illegal and that adoption of an interim ordinance by the BOCC is also illegal and cannot be used to make a change to the Comprehensive Plan. He stated this would enable the worst kind of community development, which would serve not all residents but a few property owners who have bought land in the county hoping the BOCC will someday zone it commercial. Joe Pipia: seconded Mr. Randall's concerns about doubling the size of the Glen Cove LAMIRD in disregard of the law, public process and the County Comprehensive Plan. He added the Commissioners are trying to circumvent the amendment process and said that the impetus for the Growth Management Act came from the citizens and now that law is in jeopardy. Arne Hanson: concerned about the interim ordinance, and stated the action is a violation of the open amendment process prescribed in the County Comprehensive Plan. He said it would have the effect of doubling the industrial area and that would negatively impact the City's revenues by drawing both prospective and existing business away from the City and into the County while leaving the city with the burden of providing public services to newcomers. He asked the council to challenge this underhanded action in the interests of financial health and open process. Jeff Kelety: spoke in opposition to the proposed expansion of Glen Cove LAMIRD and encouraged council to do express their opposition. He stated he has a great appreciation for the business community and their needs but is concerned about the processes going on. He urged the Council to take a stand against this. City Council Special Meeting Page 6 March 11, 2002 John Nesset: spoke in favor of Glen Cove as a light industrial and commercial zone. He said the original Glen Cove area was much larger and this action would return properties to their original designation. He has invested there and put in water lines and the area is running out of space. He added that Glen Cove is a less expensive place to do things than in Port Townsend and that has always been the purpose. He said he would gain from the change as he is just outside the currently designated LAMIRD and in order to grow and provide more jobs, the zoning is necessary. During GMA, they tightlined everything and since he did not have a building at that time the result was that he no longer had commercial property. Ms. Kolacy stated that other comments have been received via e-mail from Rebecca Westlake, Janet & Mike Mortenson, Jim Todd, Jerry Chawes, and Denise Joy. All expressed concerns about the BOCC action. Motion: Ms. Sandoval moved to endorse the letters in the packet from the Mayor and the City Manager to the Board of County Commissioners. Ms. Robinson seconded. Mr. Youse stated he is not ready to endorse the letter although he is not necessarily in agreement with the Commissioners; he would like to attend the meeting on Thursday. Because a need for light industrial areas shown and the council has heard comments that much of the land in Glen Cove is not for sale, he would like more information and to hear what the Commissioners have to say. Ms. Robinson stated a need to express to the BOCC the impact on the City's investment in the Urban Growth Area. Ms. Fenn stated that it is in the interests of all citizens to use the processes the public expects and people expect the BOCC to use the Comprehensive Plan process. She wishes to affirm that what the Council would like is to participate in a conversation with the County through the process already established. Mayor Kolff noted he is distressed that the County would not think that the City, which is right next to them, would care what happened in the Glen Cove area and try to come up with a process both entities can support. He referred to the landmark cooperative effort which resulted in the interlocal agreement regarding Major Industrial Developments and is dismayed that this action is being unilaterally proposed by the county; he hopes they take this request seriously. Motion: Ms. Fenn suggested amending the motion to strike the paragraph third from the top in the Mayor's draft letter to the County Commissioners ("To reach agreement on expanded LAMIRD boundaries should not take an extended period of time ...... ".) Ms. Sandoval seconded. There were no objections. Mr. Youse's motion to strike the second paragraph from the top regarding MID issues. The motion died for lack of a second. City Council Special Meeting Page 7 March 11, 2002 Vote on amended motion: motion carried 4-1 by voice vote, with Mr. Youse opposed Motion: Ms. Sandoval moved to recommend the following actions: 1) BOCC meet with City representatives concerning LAMIRD boundary expansion to hear each other's concerns and issues. The Committee representatives understand and agree that they will negotiate in good faith and where necessary seek and agree to compromise in order to reach an agreement with the OCC or LAMIRD boundary expansion. 2) Request the BOCC defer action on LAMIRD boundary adjustment until completion of the county annual comprehensive plan amendment process. 3) Endorse the letter dated March 7, 2002, from City Manager Timmons to County Administrator Saddler, and the concerns and issues expressed in that letter. 4) Direct the Manager to file comments at the BOCC hearing opposing LAMIRD expansion at this time, because any expansion needs to occur as part of the County annual comprehensive plan process and meet GMA LAMIRD criteria. Ms. Robinson seconded The motion carried, 4-1, by voice vote, with Mr. Youse opposed Motion: Ms. Fenn moved to indicate in the last paragraph that because of schedule conflicts, a mutually agreeable time could not be found on Thursday and that the council hopes to schedule a meeting on this topic for the near future. Ms. Sandoval seconded Vote: the motion carried unanimously, 5-0, by voice vote. ADJOURN There being no further business, the meeting was adjourned at 1 O: 10 p.m. Attest: Pamela Kolacy, CMC City Council Special Meeting Page 8 March 11, 2002