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HomeMy WebLinkAbout01212003CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF JANUARY 21, 2003 The City Council of the City of Port Townsend met in regular session this twenty-first day of January, 2003, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Kees Kolff presiding. Mayor Kolff stated that Deputy Mayor Fenn would preside over the meeting due to his laryngitis. ROLL CALL PLEDGE OF ALLEGIANCE Councilmembers present at roll call were Freida Fenn, Joe Finnie, Kees Kolff, Catharine Robinson, Michelle Sandoval, and Alan Youse. Mr. Masci was excused. Mr. Youse arrived later in the meeting. Staff members present were City Manager David Timmons, City Attorney John Watts, BCD Director Jeff Randall, and City Clerk Pam Kolacy. CHANGESTOTHEAGENDA No changes were proposed to the agenda. PRESIDING OFFICER'S REPORT Deputy Mayor Fenn recognized Laurie Medlicott and Mike and Pat Kenna as Citizen and Business Owners of the Year. A proclamation was read honoring David Timmons for his 25 years as a City Manager. Ms. Fenn reminded the Council of the Retreat/Advance scheduled for Saturday, January 25. CITY MANAGER'S REPORT Mr. Timmons stated the Intergovernmental Meeting is scheduled for January 28. He has submitted the issue of a metropolitan park district for consideration by the group on behalf of the City. Mr. Timmons called the Council's attention to the new robotic cameras in use in Chambers for the first time to enhance PTTV coverage of the meetings. He also asked that the item of collective bargaining be added to the Executive Session topics. COMMENTS FROM THE PUBLIC (Consent and non-agenda items) Nancy Dorgan: stated she has received information from the State Department of Health which states that the SEPA requirement for water service area plans also applies to water service area plan amendments for systems with more than 1,000 connections. This is a City Council Business Meeting Page 1 January 21, 2003 new requirement. Her contention is that the city is amending its water service area and will be required to do SEPA. James Fritz: asked the Council to do everything it can to assist Centrum in light of the recently publicized state budget cuts which will affect the program. Gerald Kania: spoke against spending money on City Hall. He asked why city employees had received cuts in their salaries. Leola Armstrong: stated the Council should consider the health risks posed by the existing Point Hudson Buildings when drafting a demolition ordinance; spoke against new building programs until the economy improves; spoke against the excessive time spent on drafting a new tree ordinance Vem Garrison: spoke against building a City Hall Annex and restoring City Hall. Suggested moderate renovation for administrative staff and housing the rest of staff in facilities already owned by the City. Mr. Youse arrived at 6:56 p.m. Kathryn Jenks: urged the Council to discuss water issues at the intergovernmental meeting; specifically the BOCC proposal to restore some of the gravity water system to the Tri-Area. Also urged the council members to refrain from engaging in infighting; stated that every member of the Council must try to behave with the dignity befitting the office. A1 Frank: expressed dissatisfaction with handling of public comment; stated that City Hall Annex and City Hall should not be a priority over other community needs. Don Fristoe: in reference to a letter to the council from Len Mandelbaum, stated the council should not discontinue "open mike" policy at public meetings or divert public comment to committee meetings. City Manager Timmons asked to clarify some points brought up in public comment. He stated there have been no cuts in pay for any employee; the City is engaged in collective bargaining and until a new contract is signed with the Fire and General Government employees, they have assumed the added cost of medical premiums which started on January 1 in order to continue the maintenance of benefits. He also stated that the $7.9 million capital budget covers both the building of a new City Hall annex and the restoration of City Hall. The City is trying to manage the projects separately and looking for a majority of funding for City Hall from third parties. The City Hall annex funding is partly from real estate excise tax. City Council Business Meeting Page 2 January 21, 2003 He also stated that in the context of capital programming, there are a number of items for Sims Way infrastructure in the 2003 budget. The capital plan is a long term strategy, not a one time event. Ms. Fenn also clarified that there has been no proposal initiated by the Council to change the form of public comment. CONSENT AGENDA Motion: Mr. Kolff moved to adopt the following items on the consent agenda (corrections to minutes of danuary 6 to add the record of the vote on first reading of Ordinance 2828 as 5-2, with Masci and Finnie opposed (page 18)) Ms. Robinson seconded. The motion carried unanimously, 6-0, by voice vote. Approval of Bills, Claims and Warrants Vouchers 84477 through 84748 in the amount of $745,688.08 Approval of Minutes December 16, 2002, Continued Public Hearing of December 11 January 6, 2003, Regular Session January 13, 2003, Special Session January 13, 2003, Joint City/Port Special Session UNFINISHED BUSINESS ORDINANCE 2829 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, RE-ENACTING AND EXTENDING FOR SIX (6) MONTHS ORDINANCE 2799 INTERIM STANDARDS FOR TREE CLEARING AND PLANTING BCD Director Jeff Randall gave the staff presentation, noting the ordinance is presented for first reading only. He stated that a citizen advisory committee has been working with staff over the last year and expects to complete its review by February 12. He added the task was more complex than originally anticipated. The committee is addressing the Forest Practice Act and the new regulations needed to fill the gap in the current development regulations between logging and lot standards, landscaping, and tree retention in subdivisions. It has been suggested that a Tree City USA designation be sought and that a voluntary landmark tree program be incorporated. He added that staff has issued to date a number of exemptions allowing removal of significant trees on private properties and that staff is aware of only one logging proposal that is not allowed by the interim regulation and that proponent has indicated they can wait until the new ordinance is adopted. City Council Business Meeting Page 3 danuary 21, 2003 Public comment: None Mr. Finnie read a statement from Mr. Masci into the record. The statement indicated Mr. Masci's opposition to including any residential classifications in the ordinance and characterized it as needless regulatory intrusion not based on demonstrated need. Mr. Kolff asked Mr. Randall whether any complaints from citizens have been received. Mr. Randall replied that the staff has dealt more with concern about the unknown aspects of the regulation. Motion: Mr. Kolff moved for first reading of Ordinance 2829, and to set a public hearing on the ordinance for February 10, 2003. Ms. Sandoval seconded Mr. Finnie repeated his concerns that regulations which speak to private and public property are interpreted by property owners as punitive and excessive regulation and engender fear. He added the citizens would be better served if the council did not use moratoriums but presented legislation in its final form before imposing on the citizens. Ms. Sandoval noted that education and information allay fears and believes the ordinance will be seen as a proactive approach which will be a clear benefit to the community in the future. Mr. Youse stated the process is a waste of staff time; he added that interim ordinances always waste time and staff resources which can be measured in dollars. Ms. Fenn stated that the City is required to develop ordinances which deal with forest practices within the city limits. Staff has made the decision that forest practices within the city will no longer be under the state's jurisdiction but the City's so the legislation can be seen as a mandate in some ways. She added that the Growth Management Act gives cities and other municipalities the authority to preserve the status quo while creating new legislation so there is time to craft well thought out legislation. She stated this will be of long term benefit to the citizens. Ms. Robinson stated she sees no point in abandoning the ordinance at this point; she would like to finish and adopt. Vote: motion carried, 4-2, by voice vote, with Finnie and Youse opposed NEW BUSINESS FORT WORDEN PARKING FEES - CITY CONTRIBUTION Mr. Timmons stated that the Fort Worden Advisory Committee has proposed that a payment of $25,000 be made to Washington State Parks in lieu of implementation of a parking fee at Fort Worden this year so that the City would have time to develop an City Council Business Meeting Page 4 January 21, 2003 alternate strategy for the park use'fee. He stated the Chamber of Commerce has taken the lead to secure commitments for funding and that the City was approached as a contributor because of the significant impacts on the neighboring properties which will result if a parking fee is imposed. The LTAC Committee was approached for funding, pending a clarification on whether or not this would be appropriate use of the hotel/motel tax funds. Mr. Timmons stated that the Council could contribute money from the contingency fund at this time. The amount under consideration is $15,000. Mr. Finnie noted that a legal opinion has been obtained, confirming this would be an appropriate expenditure for LTAC funds; it is estimated that 45% of the bed tax comes from Fort Worden users. He stated that the Finance Committee has unanimously recommended the City contribute $15,000 to the fund and that because of the end of January deadline, to take the money from the contingency fund. Before the February meeting of LTAC, the Council should determine a fair portion of the contribution from LTAC funds. Mr. Kolff asked about the application of the statute regarding gifts of public funds. Mr. Watts stated that gifting is not an issue in this case because it applies only to public funding going to private entities, not from one government to another. Public comment Tim Caldwell discussed the activities of the Chamber of Commerce and noted that so far the sum of $9,000 has been raised, with all the local public entities approached for funding. He reiterated that this would be a one-time contribution to buy time to come up with a better alternative for helping the Parks get through the budget crisis. He urged the Council to approve the expenditure. Kathryn Jenks: stated that in the early 1990s, the State Parks Commission was persuaded that Fort Worden is in the same jurisdiction as the city for environmental scrutiny. She urged that the City insist that a SEPA review be done on the impacts of a parking fee on the adjacent properties. This would prompt comments on the possible environmental effects of the parking fees on neighborhoods, streets, sewers, etc. and solicit suggestions for mitigations to these potential effects. A1 Frank: stated the City does not want to set a precedent; the City is the primary beneficiary of sales tax and building fees at Ft. Worden as well as indirect B&O taxes. The parking impact will be some cost the city no matter what. He said the Park Plan must be rectified to include Fort Worden in the inventory of parks and open space within the city. Mr. Watts stated that Mr. Finnie has indicated he has participated at LTAC, Finance Committee and as a hotel operator may receive some indirect benefit from this proposed expenditure. Mr. Watts stated his opinion that this would not constitute a conflict of City Council Business Meeting Page 5 January 21, 2003 interest that would require disqualification because there is no direct monetary benefit as a result of the vote. Mr. Finnie stated that Fort Worden generates from $130-140,000 of the annual $270,000 LTAC budget. Ms. Sandoval stated that although she does not want the citizens in the neighborhoods to suffer from this, she also believes people have to live with the votes they have been taking on initiatives which have cut money to the state and city and not somehow expect us to fix things. She has some difficulty coming to the rescue because the problem is a result of state voter-approved initiatives. She stated that she will support the action with mixed feelings but would strongly recommend that LTAC take part in the funding. Mr. Kolff noted that a strong letter has been written to the State Parks specifically mentioning the fact that the City believes SEPA analysis should be done. He noted that every other park implemented the user fees on January 1. Motion: Kolff moves to approve the city contribution of $15, 000 to State Parks from the City Council contingency funds pending an LTAC recommendation on the use of lodging tax funds and their reconsideration or reimbursing the city for $5 - 10, 000; the City contribution is contingent on the remainder of the total $25,000 being raised by others; and that the City Manager is authorized to execute an agreement with State Parks and other involved entities. Mr. Finnie seconded Motion to amend: Ms. Sandoval proposed to add to the motion that the City will pursue a SEPA determination by the State on the impacts of initiating aparkingfee during the remaining eleven months of the year. The motion to amend was accepted by consensus. Mr. Youse stated he is opposed to the City spending any of the taxpayer's money on this and any money contributed should come from LTAC funds. Mr. Finnie read comments into the record from Mr. Masci stating that this is a county wide problem and should be addressed equitably, with the City providing no more than $8,333.00. He added that a letter should be sent to the State characterizing this as extortion and that it may set a precedent for "refunded mandates." Mr. Finnie stated that there are elements of community and tourism to the issue and it is an appropriate solution for funding to come from each group. Ms, Robinson stated she does not want to see further contributions considered in the 2004 budget. She will support the funding this year and would like to see a 50/50 split between LTAC and the contingency fund. Mr. Youse stated the money could be better spent on roads; he added that even if Port Townsend subsidizes parking, it won't be widely known and people will expect to pay when they come here. City Council Business Meeting Page 6 January 21, 2003 Ms. Sandoval stated the action will have a direct effect on the local economy but holding off the parking fee will also save the City problems in regard to street issues, Police, and a variety of other problems. Ms. Fenn stated she would like the funding split to be $10,000 from LTAC and $5,000 from the contingency fund. She added that she the pragmatics of the situation have convinced her that it is wise to enable the City to have time to develop a strategy as to how it will deal with the neighborhood impacts. Vote: the motion carried, 5-1, with Youse opposed. RECESS The meeting was recessed at 8:10 for the purpose of a break and reception in honor of Mr. Timmons. RECONVENE The meeting was reconvened at 8:25 p.m. ADDIE PROPERTY PURCHASE Mr. Timmons stated that Mr. Walter Addie has agreed to sell his property adjacent to 35th Street Park for $60,000, payable in annual installments of $15,000 per year without interest to the City. The amount is less than the assessed value of $79,100. Mr. Addie would reserve from the sale Lot 5, Block 7, which is subject to an unrecorded purchase option in favor of the adjacent owner. The property would serve a valuable storm water function for the City, as well as being incorporated into a 35th Street park/open space. The property would be subject to a covenant which would allow no development for the next 20 years. The funding for the purchase would be divided between the stormwater and capital funds. Public comment Nancy Dorgan: spoke in support of the purchase; asked the Council to consider designating the property as open space in perpetuity rather than for 20 years. Mr. Timmons noted that the property will provide stormwater diversion which will improve property values in the area. Mr. Finnie clarified that after the 20 year covenant expires, the Council could look at any one of the nine lots as available for surplus and private development. City Council Business Meeting Page 7 January 21, 2003 Mr. Youse noted the property will now be taken off the tax rolls and asked what the tax loss to the City would be over 20 years. Mr. Timmons estimated approximately $2,700 as the City's share of the property tax. Motion: Mr. Kolff moved to authorize the City Manager to execute a purchase agreement with Walter Addie for the purchase of five blocks owned by Addie adjacent to 35th Street Park for $60,000. O0 Ms. Sandoval seconded. Mr. Youse stated he would prefer to let the property develop as he cannot see any impact would occur to the park nor would it benefit the City to hold the developable lots for open space. Mr. Finnie expressed concern about the lack of a clear vision regarding 35th Street Park. Ms. Robinson supported the acquisition for mitigation of stormwater issues; she agreed that a plan for 35th Street Park will be important as the time of the covenant gets shorter; a future council could surplus parts of the property if a plan is not developed. Ms. Fenn spoke in support of the motion and recommended tasking the Park and Recreation Advisory Board to begin brainstorming and visioning process for 35th Street Park as the acquisition raises it further in the City's awareness. Mr. Kolff stated this is an opportunity for the City to take a larger regional look at the water flow in the area. Vote: motion carried, 5-1, by voice vote, with Youse opposed. STANDING COMMITTEE REPORTS Community DevelopmenffLand Use Ms. Sandoval reported on the last meeting of the Committee. The Committee made recommendations in response to a report from the Affordable Housing Task Force. Ms. Fenn stated the Affordable Housing Task Force will be coming to CD/LU Committee for approval of the 2003 work plan. She added that some proposals have come forward that will be important in taking advantage of opportunities and positioning the City for grant monies in the future. Mr. Timmons noted that the CDBG grant would provide planning funds and improve the City's status to go forward with implementation grants in regard to a countywide approach to affordable housing. He stated it is a wise course of action, particularly as it relates to a unified effort between the City and County. He added that this application can be made at any time but the implementation grants must be timed. Ms. Fenn clarified that the grant will be for housing needs assessment. City Council Business Meeting Page 8 danuary 21, 2003 Public comment None Ms. Robinson asked if more staff time would be required to implement a grant. Mr. Timmons stated that it would require staff time, and that a new position is being established for contract and grant management. He added that the strategic planning would primarily be outsourced to a consultant. He stated he does not believe there would be a large budget impact. Mr. Finnie clarified that this would be primarily budget neutral but will require an allocation of staff time. Mr. Timmons stated that is correct, pending completion of some projects currently underway. Motion: Mr. Kolff moved to endorse the recommendations from the Affordable Housing Task Force: 1) the City and County jointly apply for a CDBG Grant; 2) the City take the lead and appoint a City staff person to prepare the application; 3) to ask the County to provide an ex officio member from the County Planning Commission to join the City's Affordable Housing Task Force. Ms. Sandoval seconded Ms. Robinson asked how the County Planning Commission member will be assigned. Ms. Fenn stated the County will appoint the person. I~ote: the motion carried unanimously, 6-0, by voice vote. Mr. Kolff noted two corrections to the Committee minutes: The "Kah Tai Subcommittee" should be changed to the "Kah Tai Alliance" and in the last paragraph on the first page regarding the two leases with the Port, should read "has an option to purchase one of the leased properties." Mr. Kolff also noted that the full text of the strategic plan was not included in the packet as part of the minutes but he would like this to be a first touch for the Council to look at endorsing the conceptual plan as it has been endorsed by the CD/LU Committee. The plan will be distributed to Council members. COMMENTS FROM THE COUNCIL Mr. Finnie read a statement from Mr. Masci submitting that Councilor Fenn should be recused or excused from participating in matters concerning Glen Cove because of her past association with the organization People for a Livable Community, which has filed suit against the County before the Growth Management Hearings Board over the Comprehensive Plan Amendment affecting Glen Cove. He stated that the public would be served by: disclosure of any Council members of their associations as founders or board members of the PLC; that citizen advisory board and committee members to do the same. He asserted that the City's arms length status from the issue needs to be confirmed. City Council Business Meeting Page 9 January 21, 2003 Ms. Fenn clarified for the record that she is not a member of PLC and has not paid dues since her election to office, that she has resigned from the steering committee and did so because of a commitment to the work of an elected official. She stated PLC has not been part of her life for a year and a half and that she did not receive e-mail communications nor have discussions with PLC members prior to hearing they had filed suit against the County. Mr. Watts stated that there is no conflict of interest issue that would require Ms. Fenn not to serve on the Council or on the Glen Cove negotiating team because of past involvement with PLC. He added that conflict of interest is limited to direct monetary benefit. He stated that the Glen Cove issue with respect to the City's position is not a quasi-judicial matter and Ms. Fenn's prior involvement with PLC does not rise to a level that would require recusal from any discussions or action regarding Glen Cove. EXECUTIVE SESSION Deputy Mayor Fenn announced at 9:15 p.m. that the Council would retire to Executive Session regarding personnel issues relating to evaluation of a public employee and discussion of bargaining unit negotiations. The session was expected to take about 60 minutes and no action was anticipated after the session. RECONVENE The meeting was reconvened at 10:10p.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 10 danuary 21, 2003