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HomeMy WebLinkAbout06022003CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF JUNE 2, 2003 The City Council of the City of Port Townsend met in regular session this second day of June, 2003, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Kees Kolff presiding. CALL TO ORDER AND PLEDGE OF ALLEGIANCE The meeting was called to order at 6:30 p.m. by Mayor Kees Kolff. Council members present at roll call were Freida Fenn, Joe Finnie, Kees Kolff, Geoff Masci, and Michelle Sandoval. Ms. Robinson was excused due to illness and Alan Youse arrived later. 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 stated that Ms. Robinson was too ill to attend the meeting but coUld be available via telephone for discussion and vote on the City Hall Annex/City Hall Renovation issue (Unfinished Business Item B). Motion: Mr. Masci moved that Ms. Robinson be included in the City Hall Annex/City Hall Renovation discussion and action via teleconference call. Ms. Fenn seconded. The motion carried unanimously, 5-0, by voice vote. Mayor Kolff requested that Item C (Professional Services Contract for Downtown Parking Plan) be removed from the Consent Agenda so the City Manager can provide additional information and so the council will have the opportunity for discussion. He suggested the item be added as Item B under Unfinished Business, with Resolution 03- 013 moving to Item C. There were no objections. PRESIDING OFFICER'S REPORT Mayor Kolff made announcements conceming the AWC annual meeting (June 18-20), the June 16 advisory group appreciation reception, and an affordable housing presentation on June 3. CITY MANAGER'S REPORT Mr. Timmons announced that there is an apparent low bidder on the Morgan Hill Pump Station project. He then introduced, Sandi Olsen, the RSVP Coordinator. City Council Business Meeting Page 1 dune 2, 2003 Ms. Olsen said a few words about the program (Retired Senior Volunteer Program) and some of the agencies which benefit from the service. She added she is also filling the role as the city's volunteer coordinator and that she is currently working with the citizen traffic-calming group. PUBLIC COMMENT (Consent and Non-Agenda Items) Nancy Alvarez: representing Bill of Rights Defense Committee explained the committee's concern about the Patriot Act and constitutional rights. She presented a petition to the mayor with 2,345 signatures (1,604 city residents). The committee sponsored a forum in Chimacum, which was well attended and presented the petition to the Board of County Commissioners who indicated they expect to pass a resolution at their next meeting, after review by legal counsel. Doris Loeschen: also supported action by the council supporting the Bill of Rights Defense Committee. Mayor Kolff said he has received copies of the sample resolution and shared them with the City Manager and City Attorney. Staff has expressed the desire for some lead-time to research the issue, just to make sure the wording and format don't result in any unexpected negative consequence and suggested scheduling the resolution for the meeting of July 21. He asked for a show of support and several audience members indicated they were in attendance to support the petition and the resolution. Ms. Fenn and Ms. Sandoval both expressed interest in having the matter placed on the agenda sooner than mid-July. Mr. Finnie stated he would prefer to follow staff's recommendation and agenda the item for July 21. Mayor Kolff noted that every attempt would be made to schedule the item as soon as possible and to give an appropriate amount of notice about the scheduling. Larry Crockett read a letter into the record regarding Point Hudson planning. He stated that the Port does not feel the time is right to engage in joint planning between the City and Port regarding Point Hudson. He stated that it would be premature to begin a process until the completion of the Port's Comprehensive Scheme and the City's Shoreline Master Program (SMP) update. Ms. Sandoval commented as Chair of the Community Development/Land Use Committee. She stated that the committee is not trying to usurp any process or get involved with the Port's planning process; rather the City wants to get its own groundwork laid so it will be possible to make good and rapid decisions later. The main topic, which interests the committee, is identifying conflicts between the SMP and other plans so that we can work in a fashion agreeable to the Port when their plan is finished. City Council Business Meeting Page 2 June 2, 2003 In response to a question from Mr. Finnie, Ms. Sandoval stated that the Committee is not interested in planning at this time, but in education and in knowing what conflicts there may be between the SMP and the future intentions of the Port. Bob Sokol stated he is a Port Commissioner but is stating his personal thoughts. He reiterated the four reasons given by the CD/LU Committee for the proposed session on Point Hudson: exploring funding (he stated the Port is capable of funding its projects and has access to all funding sources the city has except the Public Works Trust Fund); to start the conversation (port staff and commissioners have attended CD/LU meetings but Port meetings are unattended by city reps) he stated the Port Commissioners have discussed whether there is a need for joint planning at this time and decided there is not); to be informed (Port has attended CD/LU meetings and provided information regularly); and a desire to be collaborative with the Port (SMP is an excellent place to get started so the Port will know exactly what is allowed and that will help their process). Mr. Finnie stated that an education and training workshop for Council members could be helpful and he suggested asking the Port to be represented in order to provide information. Mr. Masci made a general comment about not engaging in dialogue during the public comment period. CONSENT AGENDA Motion: Mr. Masci moved for adoption of the following items on the Consent Agenda. Approval of the following Bills, Claims and Warrants Vouchers 520031 through 520038 and 85947 through 86059 and 86076 through 86205 in the amount of$411,182.87. Approval of Minutes May 19, 2003 Regular Business Meeting Action Motion to continue Murphy Street Vacation public hearing to July 21, 2003. Mayor Kolff asked if there were objections to approving the consent agenda and declared it adopted by consensus. UNFINISHED BUSINESS ORDINANCE 2830 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE BY AMENDING CHAPTER 2.80, CODE OF ETHICS, SECTION 2.80.080, HEARINGS OFFICER - COMPLAINTS AGAINST A City Council Business Meeting Page 3 June 2, 2003 COUNCIL MEMBER OR CITY MANAGER PROVIDING FOR A HEARINGS OFFICER TO REVIEW ETHICS COMPLAINTS AGAINST A COUNCIL MEMBER OR CITY MANAGER, AND MAKING OTHER CHANGES Mr. Watts stated the first reading of the ordinance had been approved at the May 19, 2003, meeting. He stated that one change has been made in the present document to clarify and emphasize that no one wishing to file a complaint is required to obtain an opinion on the matter from the City Attorney. Public comment Bill Medlicott spoke in support of replacing the citizen board with hearing examiner; he added he does not believe the City Attorney should be prohibited from rendered an opinion but that the opinion should not be interpreted as binding. The City Attorney should not be the gatekeeper. He also said repealing the ordinance would be a big mistake because while state law is fairly clear on conflict of interest, it is worthless on pure disclosure as is the current city ordinance. He stated citizens demand honesty and forthrightness from their elected leaders. Motion: Mr. Finnie moved for adoption of Ordinance 2830. Ms. Sandoval seconded. Mr. Masci stated his continuing objection to the City Attorney having any mention in the ordinance, saying he believes it provides an obstacle to citizen activism. Vote: the motion carried, unanimously, 5-0, by roll call vote. RESOLUTION 03-015 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 QUALIFIED TRANSPORTATION CONSLUTING FIRM TO DEVELOP A DOWNTOWN PARKING PLAN Mr. Timmons stated that consultants Kittleson & Associates have been selected to produce a downtown parking study. He noted that the group was also the team involved in the development of the Gateway Plan. The budget for the project is $30,000. Although the consulting firm suggested the plan might be finished in eight weeks, staff believes this is not realistic, given the amount of public process, which is desired and predicts a time frame of 6-8 months. The first step in the process will be the appointment of a task force, which can be made by the Transportation Committee or the Council directly; it is hoped that the group will be no more than 7-9 people. City Council Business Meeting Page 4 dune 2, 2003 Mr. Finnie stated he hopes that the plan will provide for engaging business owners, retailers, and others in the business community. Ms. Sandoval asked how the downtown parking plan would translate to other areas of the city, particularly uptown. Mr. Timmons stated there should be a great deal of transferability and this can be clarified in the final scope of work. Ms. Sandoval added that it would be nice to see results sooner than six months although she agreed adequate public process is a concern. Mr. Timmons stated he hoped for a balanced approach. In response to a question from Ms. Fenn, he added that the scope of work does not include ferry parking; the ferry system is in the study phase of a plan to possibly bring in bigger boats to the Keystone run; this will require working with WSF regarding impacts on Port Townsend. Mayor Kolff noted that the city could take the lead in a demonstration project including employee incentive plans which would mitigate the 6-11 parking spaces which will be lost if the annex is built. Mr. Timmons stated that he would suggest using the annex project as a demonstration; the net effect of the annex would be to eliminate about a third of city employee parking downtown and it would be a good challenge to city administration to craft a solution to mitigate the impacts. Public comment: Ted Shoulberg stated he is deeply concerned about the scope of work and geographic constraints of the town. He is concerned that the outcome of the study is preordained and will not be an objective process; he characterized it as looking to technology to solve a political problem. Mr. Fenn noted that as of July 6, there would be an increase in Transit service, including extended hours and more downtown shuttles. She added that in discussions at the Transit Board, it has been stated that the key to use of the park and ride is to have it staffed by transit workers, and Provide good directional signage. The Transit Board is working intensively on the issue of maximizing the use of the park and ride. Motion: Ms. Fenn moved to approve Resolution 03-015. Ms. Sandoval seconded. Mr. Masci stated that he is disenchanted with the demand management theory for parking. He also stated that after funding this study the city might need to address funding for the creation of additional parking spaces downtown. He also requested that the downtown business community dominate the parking committee. City Council Business Meeting Page 5 June 2, 2003 Mr. Finnie stated he supports the principle but suggests that the process be heavily burdened with public input. Ms. Fenn said the council should clarify how the selection of the committee will be done. Vote: the motion to approve Resolution 03-015 carried unanimously, 5-0, by voice vote. Motion: Ms. Fenn moved to task the Transportation Committee to determine the scope of work and configuration of the parking advisory committee. Ms. Sandoval seconded. The motion carried, 4-1, by voice vote, with Mr. Masci opposed. RECESS Mayor Kolffrecessed the meeting at 8:00 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 8:10 p.m. Ms. Robinson joined the meeting by telephone. RESOLUTION NO. 03-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON APPROVING IMPLEMENTATION OF A CITY HALL RESTORATION AND CITY HALL ANNEX CONCEPTUAL PLAN, AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH PREPARATION OF DETAILED DESIGN AND BID DOCUMENTS City Manager David Timmons did the presentation. He noted the annex is not the City Manager's project, but an implementation of the City's adopted policy, which has been on the books for years. He added that a number of studies and options have been presented over the years. The suggestion to reduce the scope of the annex is not inconsistent with the recommendation of the task force and is still consistent with the overall plan. The project is a balance of needs, facilities, and finances. He added that although there is space in the old city hall, its functional use is difficult because of the historic design. Issues of accessibility and fire/safety must be addressed. Councilmember Youse arrived at 8:20p. m. To the question of what would happen if the museum relocates, he stated there are many uses for the recaptured space; for example, the WSU Small Business office now occupying a first floor office. Regarding the economic climate, he stated that 50% of the proposed cost is already being spent on rent at the Waterman & Katz Building. We are really looking at next year's City Council Business Meeting Page 6 .lune 2, 2003 economy and the next 20 years as the economic window. This is the time the public should be investing, as there are the most competitive rates and best construction climate in years. In addition, the city can act as a stimulus to the economy and he also noted that many private entities are engaged in construction at this time. He asked representatives of the Jefferson County Historical Society to speak. Bill Tennent, the museum's director, spoke about the many services provided to the citizens of the city and county by JCHS. Kevin Harris, Vice President of JCHS, stated that JCHS had worked with staff to come up with a good framework for cooperation, which was delivered, to the Finance and Budget Committee at their special meeting. Citizens from the City Hall Task Force were then asked to speak. Cindy Thayer stated the task force had covered all options, looked at what was best for the city and came up with a really good recommendation she hopes the council will consider seriously. She added that it is prudent and fiscally responsible to do the project now. Bill Woolf stated he believes the proposal marries several needs intelligently. If we start cutting away at the annex, we are cutting away at the cheapest square feet and will need to build in the years ahead at greater cost to the taxpayers. Pat Teal said she is nervous about the idea of making the annex smaller and noted that when you start squeezing staff and things into inadequate space you lose accessibility also. She added she would rather see the money spent now than have to come back in 5, 10 or 20 years and add on. Mr. Masci had questions about the draft lease document between the city and JCHS. Mr. Timmons stated the Council is not being asked to approve that specific document. He also has concerns about the non-cancellation provision applying only to one party. Public comment Margaret Lee objected to the idea of establishing a fair rental estimate in dollars per square foot and asking the museum to provide in kind services to justify their use of the space, stating it would be a bad precedent. Ted Shoulberg provided a copy of his comments for the record. He spoke in support of the City renovating City Hall for use by the city without providing room for the museum and indicated this would eliminate the need to build a new annex. He is opposed to creating additional museum space. He stated that JCHS is a special interest group looking for favors from the city. City Council Business Meeting Page 7 dune 2, 2003 Barbara Marseille: JCHS president, wished to point out that the concept of the space in City Hall being valued at SI/square foot was not something JCHS came up with and she would like to see it eliminated from the list. Ruth Gordon: does not believe JCHS is a special interest group. She stated the museum provides a wonderful service for those who reside in the county. Mari Mullen: Executive Director of Main Street - noted Main Street has submitted a letter in support of the project, and believes the project is in the best interests of the business community. She stated the project will add to the vitality of the town and is fully supported by the group. Richard Wojt, former County Commissioner, gave background on the history of the relationship between the city, county and JCHS. He said that the County began dedicating bed tax money to the historical society twelve years ago because they felt the services provided to the county and city justified the expense; at that time the city offered free space to JCHS in return for their services. Mr. Timmons clarified that the reason the city must assign a cost factor to the space and to the JCHS services is to satisfy the gift of public funds requirements for lease of public space. The state auditor looks for equivalency and the city must validate that there is a public benefit derived from the lessor and the only way we can do that is to assign a monetary value to the rental. Mayor Kolff stated that the motion to adopt the resolution is carried over from the last meeting and a new motion is not required. Ms. Fenn thanked staff and the advisory task force; she stated she is pleased that Main Street is supporting the project and said that in her opinion historic preservation is a great strategy for economic development. Mr. Finnie stated it is not fair to hold the JCHS hostage to decisions we must be making to protect our investment in City Hall. He added that the parties must come to terms with the fact that cancellation rights have to work for both sides (regarding lease agreement). Mr. Masci stated he has some reservations about the project including exacerbation of the parking problem, the low prioritization of the restoration of the third floor to the City Hall Building, second thoughts about whether or not downtown is a good place for civic restoration; and a desire to speak for the dissenters in the community who feel it is not a good time to jump into a massive civic undertaking. He said he would vote to proceed with the project only on the basis that costs will rise if the project is delayed. Ms. Sandoval said it is time to invest; rates are low and we should build the cheapest office space and provide the proper accessibility for the public. City Council Business Meeting Page 8 dune 2, 2003 Ms. Robinson stated she is happy to see the budget number at a reasonable level for the city to handle, and thinks the additional money can be raised. She commented that the original number of 1.8 million for the annex has not changed. Mayor Kolff stated the record shows this project has been supported time and again by the policy makers of both this council and the previous council so is hardly a staff-driven project. He said he will support it proudly and believes it is the right choice for the city. Vote: the motion to adopt Resolution 03-013 carried, 6-1, by voice vote, with Mr. Youse opposed. EXECUTIVE SESSION At 9:50, Mayor Kolff announced that the Council would go into Executive Session to discuss potential litigation and real estate matters. He stated the session would last approximately 20 minutes and that no action is anticipated at the conclusion of the session. RECONVENE The meeting was reconvened at 10:10 p.m. ADJOURN There being no further business, the meeting was adjourned at 10:11 p.m. Attest: Pamela Kolacy, CMC City Clerk City Council Business Meeting Page 9 June 2, 2003