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HomeMy WebLinkAbout09032002MINUTES OF THE REGULAR SESSION OF SEPTEMBER 3, 2002 The City Council of the City of Port Townsend met in regular session this third day of September 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, Joe Finnie, Kees Kolff, Geoff Masci, Catharine Robinson, and Michelle Sandoval. Mr. Youse notified the City Clerk he might not be present. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, BCD Director Jeff Randall, and City Clerk Pam Kolacy CHANGES TO THE AGENDA Mayor Kolff announced the following changes to the published agenda: 1) Resolution 02- 042 regarding Sims Way Walkway, was removed from the Consent Agenda and placed under Unfinished Business; 2) an item regarding a request for city sponsorship of a grant application for Common Ground and the Domestic Violence Sexual Assault Program of Jefferson County was added as an item under New Business. There were no other changes. PRESIDING OFFICER'S REPORT Proclamations Jefferson County United Good Neighbor Day Supporting the Walk Across Washington Draft City Council Meetings Schedule, Fall 2002 There was considerable discussion about the schedule and the method of scheduling business items. Councilors expressed a desire to "lay groundwork" for issues prior to final action so that there are multiple touches on issues for the benefit of citizens and council. The Mayor will take input and continue working on the upcoming schedule with the City Manager and City Clerk. Earth Charter Initiative Mayor Kolff presented the item as a first touch. He stated his hope is that the council will consider issuing a proclamation supporting principle # 16, "Promote a culture of tolerance, nonviolence, and peace" to work on within the sister city relationship with Ichikawa, Japan. Mr. Masci spoke in opposition, stating the Earth Charter has spiritual and religious overtones and therefore would be inappropriate for adoption by the government. Ms. Sandoval spoke in favor of the suggestion. City Council Business Meeting Page 1 September 3, 2002 Mr. Finnie suggested a discussion with other local area govermnent entities. Ms. Fenn stated that the overarching issue of the entire charter be addressed during a study session, possibly early next year. Mayor Kolff stated he will place the item on the agenda for the next business meeting on September 16. CITY MANAGER'S REPORT Retired and Senior Volunteer Program Mr. Timmons introduced Michele Erickson, RSVP Coordinator. Ms. Erickson presented information on the program and the partnership between RSVP and the city. Comprehensive Plan Update Mr. Timmons reminded councilors to return Comp Plan Update binders to BCD for updating. AWC Municipal Achievement Award The City of Port Townsend Certificate of Achievement from the Association of Washington Cities for the F Street Improvement Project was announced. Councilmanic Bond Mr. Timmons stated that information has been received from our bond counsel regarding the cost in today's dollars of floating a bond with no call provisions. The savings would be approximately $400.00. In addition, this would preclude any prepayment options for the City. COMMENTS FROM THE PUBLIC (Consent and non-agenda items) There were no public comments. CONSENT AGENDA Motion: Mr. Masci moved to adopt 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 83009 through 83210 in the amount of $362,283.19 Approval of Minutes Regular session of August 19, 2002 Special Session of August 22, 2002 City Council Business Meeting Page 2 September 3, 2002 Approval of Resolution RESOLUTION 02-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH COMMUNITY BUIDING MAINTENANCE (CBM) TO PROVIDE CUSTODIAL SERVICES FOR CERTAIN CITY OF PORT TOWNSEND FACILITIES. UNFINISHED BUSINESS GLEN COVE LAMIRD - LETTER TO BOARD OF COUNTY COMMISSIONERS Mr. Watts stated that the matter was last before the Council on August 19. The letter under consideration the same letter presented at that time with correction of typographical errors, and changes reflecting some council comments. He added that the County Planning Commission is still in the midst of consideration of the county staff's proposal. Mayor Kolff stated that he had met with Mr. Finnie earlier to discuss the draft letter and that Mr. Finnie's objection to the letter was specific to certain phrases he feels might be used against the county in a third-part appeal which would lead to the city's involvement in a legal action. Three changes have been recommended which Mayor Kolff stated would remove those phrases without changing the substance of the comments. Public comment Nancy Dorgan. Spoke in opposition to the proposed changes. Ms. Fenn spoke in opposition to the suggested changes, stating this would weaken the communication. Mr. Finnie stated he objects to having his name signed on an instrument that will be brought forward in discovery which implicitly states that is supports an appellant's argument. He stated that he will only support the letter if hard references to GMA threshold are struck. Ms. Fenn stated the original document is a policy recommendation and she does not believe the references would have the effect of involving the city in a legal action. Ms. Robinson suggested deleting the phrase "majority of the council" inserted in the second paragraph, noting that council action occurs when a majority of the council votes the issue up or down and minority reports are not included. The decisions go forward as council decisions, not as majority of the council decisions. She added that dissenting votes are a matter of public record. Motion: Mr. Kolff moved to accept the draft letter with the following changes: eliminate words "majority of the council" in the second paragraph; replace the words City Council Business Meeting Page 3 September 3, 2002 "stated by" with "referred to" on the first line of page 2 and strike "as necessary for LAMIRD compliance establishment" in that sentence "; eliminate the sentence in the seventh line of the second paragraph on page 2 that begins "We believe a revision .... "; and change the concluding paragraph as shown in the new page circulated this evening. Mr. Finnie seconded Motion: Ms. Fenn moved to divide the question. The motion died for lack of a second. Ms. Fenn moved to retain the original conclusion but accept all other changes. The motion died for lack o fa second Vote: the motion carried with 4 in favor, Masci opposed and Fenn abstaining. ORDINANCE 2816 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE, CHAPTER 13.04, UTILITY LATECOMER AGREEMENTS, SECTION !3.04.070, WRITTEN AGREEMENT- PAYMENT OF CITY COSTS IN EXCESS OF APPLICATION FEE TO ALLOW THE CITY MANAGER TO SIGN LATECOMER AGREEMENTS Mr. Watts introduced the ordinance, noting that the original legislation occurred prior to the change from strong mayor to city manager form of government. Because an applicant is entitled to approval if all criteria are met, the final approval is routine and would save staff time preparing the required paperwork for processing the matter before the council, and council time as well. The first reading occurred at the August 19 council meeting. Public comment None Motion: Mr. Masci moved for adoption of Ordinance 2816. Ms. Fenn seconded. The motion carried unanimously, 6-0, by roll call vote. NEW BUSINESS COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR DVSA SHELTER Vannessa Brower of Common Ground requested that the council agree to sponsor a pre- application for a CDBG block grant for $60,000 which would fund a Domestic Violence/Sexual Assault shelter in the city. Mr. Timmons clarified that this would be a "pass-through" grant if received and would not involve a contribution of city funds. Mr. Youse arrived at 8:25 p.m. City Council Business Meeting Page 4 September 3, 2002 Public comment Peggy Thompson, Director of DVSA, spoke in favor of approval. Motion: Mr. Masci moved to authorize the City Manager to execute a CDBG Block Grant pre-application in the amount of $60, 000, for Common Ground and Domestic Violence Sexual Abuse Program of Jefferson County on behalf of the City. Ms. Robinson seconded. Motion carried with 6 in favor, Mr. Youse abstaining. RECESS The meeting was recessed at 8:30 p.m. for the purpose of a break. RECONVENE The meeting reconvened at 8:42 p.m. RESOLUTION NO. 02-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, APPROVING THE DESIGN OF THE "SIMS WAY WALKWAY, HAINES STREET PARK AND RIDE TO WATER STREET PROJECT" AND AUTHORIZING THE CITY MANAGER TO MOVE FORWARD WITH BIDDING, AWARD AND CONSTRUCTION OF THE PROJECT WITHIN THE AVAILABLE FUNDING AND APPROVED BUDGET FOR THE PROJECT. THIS INCLUDES ALL NECESSARY AND PROPER STEPS TO AWARD AND CARRY OUT CONTRACTS, INCLUDING APPROVING APPROPRIATE CHANGE ORDERS AND CONTRACT AMENDMENTS Public Works Director Ken Clow stated that the city must submit a project packet in order to receiving funding from the state and federal governments and the packet must be submitted before the end of the federal fiscal year. He gave an overview of the project, noting that the walkway would be outside the tree line in Kah Tai Park in the city right of way. This way the walkway is on city property and the city will not have to negotiate with the Port; shoreline issues are also avoided. He added that the project was designated as a priority project for pedestrian improvements by the adopted Non-Motorized Transportation Plan and funding is included in the 2002 budget. The design is preliminary and will be discussed in several public forums, including the Non-Motorized Advisory Committee. In response to clarifying questions from the council, he added that the project would be completed this fall in a best case scenario but that will probably not occur; the money can be spent this year or next; asphalt is being used instead of a more porous substance to provide low maintenance and a good trail for both pedestrians and bicycles. Public Comment Nancy Dorgan stated that some of her concerns about public process have been allayed but would like status reports and assurance that groups such as the Kah Tai Alliance will City Council Business Meeting Page 5 September 3, 2002 be notified about the public process. She added that there may be an opportunity to receive free trees for planting, according to Forest Shomer. Motion: Mr. Masci moved to approve Resolution 02-042. Mr. Finnie seconded. The motion carried unanimously, 7-0, by voice vote. Ms. Sandoval stated concerns about an asphalt batch plant which is perceived by many citizens to be illegal might be able to compete in the bid process. Mr. Watts noted that public bidding requirements are very clearly set forth and allegations do not constitute a reason to prevent a company from bidding or receiving a bid. Vote: the motion carried unanimously, 7-0, by voice vote. COMMUNITY DEVELOPMENT/LAND USE COMMITTEE RECOMMENDATION REGARDING COMPREHENSIVE PLAN AMENDMENT CYCLE AND THE FREQUENCY OF AMENDMENTS AND COMPREHENSIVE PLAN UPDATES Mr. Randall noted that the City Council heard a first touch presentation on August 5 and referred the matter to the Community Development/Land Use Committee. The Committee met on August 21 and reviewed the issue paper and made a number of modifications resulting in the table and list of issues before the council this evening. He noted that if council approval is received, the BCD staff would draft an ordinance for Planning Commission review and recommendation to the council. Mr. Masci raised several objections to the proposal. Public comment Nancy Dorgan spoke in favor of the proposal to forward the suggested changes to staff and Planning Commission for review. Mr. Finnie spoke in opposition to limiting formal amendments and in favor of continuing to include the opportunity for formal amendments on an annual basis. Ms. Sandoval supported the motion, stating that lack of a formal amendment process does not affect the right of the land owner to build within the current property zoning; she added she believes it is important to implement current provisions of the comprehensive plan because this will contribute to better infrastructure which means fewer rezoning requests will occur. In answer to a question from Mayor Kolff, Mr. Randall stated that the vast bulk of amendments are suggested rather than formal. In answer to a question from Mr. Masci, Mr. Randall said that state grant money to support implementation of local comprehensive plans is drying up and the funding received by BCD has been about $15,000 in the past two years. City Council Business Meeting Page 6 September 3, 2002 Motion: Ms. Fenn moved to recommend Table B and Additional Issues listed in the council packet be used by staff to draft an ordinance for review by the ?lanning Commission with recommendation to the City Council. Ms. Sandoval seconded. Mr. Youse and Mr. Masci spoke in favor of continuing to allow annual formal amendments. Mr. Watts will write a memo regarding the legal definition of"takings" in response to Mr. Masci and Mr. Finnie's comments. Vote: the motion carried unanimously, 7-0, by voice vote. FINANCE/BUDGET COMMITTEE RECOMMENDATION REGARDING 2003 BUDGET Mr. Finnie reported that the Finance/Budget Committee discussed the budget calendar at their August 20 meeting and introduced a three part motion which the committee recommends to the full council for adoption. There was no public comment. Motion: Mr. Finnie moved to adopt the recommendations of the Finance Committee: O full council be given copies of the Finance Director's proposed preliminary budget including departmental requests; 2) next year's budget process begin in March or April with a strategy or discussion of policy for the next year to help formulate the budget; 3) the proposed budget calendar be approved with Finance/Budget Committee's recommended changes, including the date changes. Robinson seconded. Motion carried 6-1, with Masci opposed. ADJOURN There being no further business, the meeting was adjourned at 9:50 p.m. Attest: Pamela Kolacy, CMC City Clerk City Council Business Meeting Page 7 September 3, 2002