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HomeMy WebLinkAbout06072004CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF JUNE 7, 2004 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session this seventh day of June, 2004, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Catharine Robinson presiding. ROLL CALL Council members present at roll call were Frank Benskin, Freida Fenn, Kees Kolff, Laurie Medlicott, Catharine Robinson, and Michelle Sandoval. Geoff Masci arrived at 6:55 p.m. Staff members present were City Manager David Timmons, City Attorney John Watts, Finance Director Michael Legarsky, Public Works Director Ken Clow, and City Clerk Pam Kolacy. UNFINISHED BUSINESS RESOLUTION 04-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON DECLARING SUPPORT FOR PLACING A COUNTY-WIDE 1/10TM OF 1 PERCENT SALES TAX PROPOSITION ON THE BALLOT TO PROVIDE CONSISTENT FUNDING FOR EMERGENCY COMMUNICATIONS SERVICES Police Chief Kristen Anderson and JeffCom Director Tracy Stringer were present to answer questions. Public comment: None Motion: Mr. Benskin moved to approve Resolution 04-024. Mrs. Medlicott seconded. The motion carried unanimously, 6-0, by voice vote. PROCLAMATION Mayor Robinson read a proclamation in honor of Amateur Radio Week. John Ebner accepted the proclamation on behalf of the local ham radio organization. City Council Business Meeting Page 1 June 7, 2004 CHANGES TO THE AGENDA City Attomey Watts suggested dealing with Item B under Unfinished Business (Emergency Equipment Relocation) next while Chief Anderson is present. Mayor Robinson requested removal of Item "J" from the Consent Agenda (Clallam Street legal action) to New Business. Mr. Benskin requested addition of a discussion and possible action regarding drafting a letter to the Department of Transportation concerning labeling of hazardous materials in carders on state highways. This was added to New Business. EMERGENCY EQUIPMENT RELOCATION Mr. Watts stated there are three Memoranda of Understanding to be considered: 1) JeffComm PSAP equipment housed at the Port Townsend Fire Station to a temporary location; 2) PSAP equipment to be used by JeffComm personnel only; 3) A tower and repeater (which may be located on Morgan Hill) are subject to JeffComm approval and authority. Mrs. Medlicott asked approving the MOUs would have the effect of approving the location for the tower. Mr. Watts stated the approval is only to have any move be under the authority of JeffComm. Ms. Sandoval asked about the effect of surplussing the Morgan Hill Property on the repeater location. Mr. Watts stated the part of the property on which the tower would be located would remain city property. Mr. Benskin asked about notification of neighbors. Jeff Randall stated the relocation would come under the public notice process, with publication in the paper and notification to owners within 300 feet of the property. Public comment: None Motion: Mrs. Medlicott moved to authorize the City Manager to execute three Memoranda of Understanding with JeffComm regarding relocation of emergency equipment resulting from the fire station remodel. Mr. Benskin seconded The motion carried unanimously, 6-0, by voice vote. PUBLIC COMMENT (consent and non-agenda items) Barbara McColgan Pastore: Chair of Park & Recreation Advisory Board, provided a memo from the Board containing a list of the priorities identified by that group at their recent retreat. City Council Business Meeting Page 2 June 7, 2004 Mr. Masci arrived at 6:55 p. m. CONSENT AGENDA Mr. Kolff moved to adopt the following items on the Consent Agenda. Ms. Fenn seconded The motion carried unanimously, 7-0, by voice vote. Approval of Bills, Claims and Warrants Vouchers 90027 through 90248 in the amount of $361,829.82 Vouchers 520041 through 520047 in the amount of $75,508.69 Vouchers 604041 through 604047 in the amount of $72,080.35 Approval of Minutes May 10, 2004 May 17, 2004 May 24, 2004 Approval of extension to termination date of Interlocal Cooperative Agreement for Library Automated Network (CLAN) from Aug. 31, 2004 to Dec. 31, 2004. Adoption of Ordinance ORDINANCE 2860 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REVISING ORDINANCE 1928 CONCERNING THE CUTTING OF TREES Authorization for the City Manager to execute a lease addendum with Ballenas for additional space in the Waterman & Katz Building during City Hall Annex construction. Approval of Resolutions Resolution 04-025 A Resolution Authorizing Application for Funding Assistance for an Aquatic Lands Enhancement Account (ALEA) Program Project to the Interagency Committee for Outdoor Recreation (IAC) as Provided in RCW 79.90.245 and Subsequent Legislative Action. Resolution 04-026 A Resolution of the City Council of the City of Port Townsend Authorizing the City Manager to Transfer the Save America's Treasures Grant from the Jefferson County Historical Society to the City and to Sign an Agreement and Necessary Documents with the National Park Service Approval of the following revision to Appointments to the Lodging Tax Advisory Committee: Jim Pivarnic (Port of Port Townsend) designated as a "collector" and Steve Shively (Fort Worden State Park) designated as a "recipient" City Council Business Meeting Page 3 June 7, 2004 Authorizing the City Manager to award bids to the lowest responsible, responsive bidder and execute contracts to supply water and wastewater chemicals to the City. UNFINISHED BUSINESS (continued) HISTORIC PRESERVATION AND DEMOLITION CODE REVISIONS ORDINANCE 2859 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING CHAPTERS 17.30 PTMC, "WATERFRONT DESIGN GUIDELINES OVERLAY DISTRICT," AND 17.80 PTMC, "DESIGN REVIEW -NATIONAL REGISTER HSTORIC DISTRICT," AND ADOPTING A NEW CHAPTER 17.30 PTMC, "HISTORIC OVERLAY DISTRICT - DESIGN REVIEW"; ESTABLISHING DESIGN REVIEW WITHIN THE PORT TOWNSEND HISTORIC OVERLAY DISTRICT, AS WELL AS MORE DETAILED DESIGN STANDARDS APPLICABLE TO SPECIFIC WATERFRONT SUBDISTRICTS WITHIN THE OVERLAY DISTRICT; CLARIFYING THE PROCEDURES FOR HISTORIC PRESERVATION AND DESIGN REVIEW City Attorney John Watts stated that the ordinance merges the two existing PTMC Chapters on historic preservation and that first reading has occurred. He noted that most of the new draft provisions are now proposed for deferral. The ordinance as presented is primarily a housekeeping matter to combine existing provisions. Ms. Robinson noted that the meeting constitutes a continued public hearing and asked if anyone in the audience wished to clarify anything in response to items raised by staff or council. There were none. Mr. Watts noted that references have been deleted which related to additional review provisions before the demolition of an historic building would occur; this language will be brought back before the council within the next month. He stated that changes made which were suggested during the previous session have been incorporated. Motion: Mr. Masci moved for adoption of Ordinance 2859. Mr. Kolff seconded. Mr. Watts again clarified that the ordinance is a simplification of the code by combining two related pieces of the code into one place. Mrs. Medlicott voiced concems about the amount of material that Councilors were expected to assimilate in a short amount of time; she does not believe she has a full enough understanding of the issue to support adoption. Vote: motion carried, 6-1, on roll call vote, Medlicott opposed. City Council Business Meeting Page 4 June 7, 2004 ORDINANCE 2862 AN ORDINANCE OF THE CITY OF PORT TOWNSEND PROVIDING FOR THE ADOPTION OF HISTORIC PRESERVATION COMMITTEE DESIGN GUIDELINES ON AN INTERIM BASIS Motion: Ms. Fenn moved for first reading of Ordinance 2862. Mr. Kolff seconded& Mr. Masci and Mr. Benskin spoke in opposition to adOption prior to further scrutiny of the guidelines by Planning Commission and Council. Ms. Sandoval stated she agrees the guidelines should be reviewed but believes rules must be in place to preserve the status quo and remove legal liability issues. Mr. Watts stated that if the City continues to enforce regulations which have not been officially adopted, there might be potential liability issues. In answer to Ms. Robinson, he stated that not adopting interim guidelines would make the process more complicated than if adoption occurred. He stated that the HPC got ahead of itself by adopting guidelines which were not adopted by the Council; if the Council now does not wish to adopt guidelines it puts staff in a quandary about whether to do business as usual or not. Ms. Fenn stated that HPC received a mandate and went about a method of trying to make their decisions consistent; they did not know they were not supposed to adopt guidelines that were not approved by the Council. Vote: the motion carried, 4-3, with Masci, Medlicott and Benskin opposed& Motion: Mr. Kolff moved to refer a review of HPC guidelines to the Planning Commission. Ms. Fenn seconded. Motion to amen& Ms. Sandoval moved to amend the motion to add "and seek HPC input as appropriate." Mr. Kolff seconded& The motion failed, 3-4, with Kolff, Fenn and Sandoval in favor. Vote on main motion then carried unanimously, 7-0, by voice vote. RESOLUTION 04-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON ESTABLISHING AN UPTOWN COMMERCIAL DISTRICT DESIGN REVIEW TASK FORCE Motion: Mr. Kolff moved for adoption of Resolution 04-028. Ms. Fenn seconded. City Council Business Meeting Page 5 dune 7, 2004 Mr. Masci suggested deleting the word "appropriate" in Section 2.A, noting that it is a subjective term. He also suggested that the committee be composed of nine members, with seven of them uptown commercial business owners. Ms. Sandoval stated that the Scope of Work should include a recommendation about whether design standards should be mandatory or optional in the uptown district; suggested adding "including whether or not design guidelines should be mandatory for the uptown district." Ms. Fenn spoke against a committee composed almost entirely of uptown business owners, stating that the legislation affects the city more broadly. Motion to amend: Mr. Kolff moved to amend the motion by deleting the word "appropriate" in Section 2 A, and adding terminology to the Scope of Work section saying "including whether or not design guidelines should be mandatory for the uptown district." The amendment was accepted as a friendly amendment by the Council. Motion to amen& Mr. Masci moved to change wording in Section 4from "substantial representation of owners of Uptown commercial properties" to "majority representation of owners of Uptown commercial properties. Mr. Benskin seconded Ms. Robinson noted she was uncomfortable with the amendment, as it is impossible to tell who will come forward to volunteer for the task force. Vote on amendment failed, 3-4, with Masci, Benskin and Medlicott in favor. Vote on main motion with adopted amendment then carried, 4-3, with Benskin, Masci and Medlicott opposed RECESS Mayor Robinson declared a recess at 8:10 p.m. for the purpose of a break. RECONVENE The meeting was reconvened at 8:20 p.m. MEMORANDUM OF AGREEMENT - BOY SCOUT HOUSE Ms. Sandoval, having previously recused herself from the issue, left the chambers. Mr. Watts stated that the MOU formalizes a 120-day negotiation period between the City and Vem Garrison running from the date Mr. Garrison purchased the property (April 16, 2004) through August 16, 2004. The negotiation period can be extended on ten days notice. During this period Mr. Garrison agrees not to do anything to alter the land, but he may pursue permits. Mr. Watts characterized this as a "process" document. City Council Business Meeting Page 6 June 7, 2004 Public comment Jim Marshall: stated the city should condemn the property under eminent domain and make it a city park; he added that the city should not pay more for the property than Mr. Garrison paid originally. Mr. Randall noted that Mr. Garrison has applied for a lot re-orientation; this is not inconsistent with the MOU> Motion: Mr. Kolff moved to authorize the City Manager to execute the proposed MOU providing for a negotiation period with the owner of the Boy Scout property. Ms. Fenn seconded The motion carried, 5-1, Masci opposed and Sandoval recused Ms. $andoval returned to the meeting. NEW BUSINESS MODEL BUSINESS AND OCCUPATION (B&0) TAX ORDINANCE Finance Director Michael Legarsky stated that all cities must adopt a new BdO tax ordinance by December of 2004; the state mandates adoption to achieve uniformity in BdO tax regulations in all cities. He stated that the City collects approximately $300,000 per year in BdO taxes; and that Port Townsend already has an exemption for smaller businesses. Mr. Masci asked staff to prepare a white paper on model ordinances and why they are utilized in the state. Mrs. Medlicott asked Mr. Legarsky to provide a list of all businesses in town which have BdO licenses. Public comment None Council agreed to set a workshop on the model ordinance for July 26, 2004. DRAFT SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM (TIP) Public Works Director Ken Clow stated that the TIP is almost entirely a continuation of work on projects from last year. The priority of the projects is not as important as the fact that they are on the list in the first place; projects must be on the list to be eligible for other government funding. Public comment None City Council Business Meeting Page 7 June 7, 2004 Mr. Clow noted that a public hearing is scheduled on June 21. RESOLUTION 04-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, ESTABLISHING THE DOWNTOWN PARKING ADVISORY BOARD AS A CITIZEN ADVISORY BOARD There was no public comment Motion: Mr. Kolff moved for adoption of Resolution 04-0207. Ms. Fenn seconded. The motion carried unanimously, 7-0, by voice vote. CLALLAM STREET RIGHT OF WAY VACATION SETTLEMENT Ms. Robinson noted that there were questions at the Shoreline Master Program open house regarding street ends, etc. and she has asked Mr. Watts to contact the State Attorney General for an opinion on the effect of the SMP on the old law regarding street vacations. Motion: Mr. Masci moved to authorize the City Manager to settle the Clallam Street legal action by agreeing to entry of a judgment vacating the rights of way. Mr. Benskin seconded. Mr. Masci noted that legal action could be brought against the City if the judgment is not entered. Mr. Watts noted that Mr. Holloway's request for summary judgment would take about a month and an opinion may be received from the Attorney General within that time frame. Vote: motion failed, 4-3, by voice vote, with Benskin, Masci and Medlicott in favor. HAZARDOUS MATERIALS Mr. Benskin noted many letters have been received from citizens who are concerned that shipments of radiological munitions or depleted uranium are not required by the DOT to be labeled with radioactive placards. He stated that this exemption expires June 20, 2004, and he would like the Council to support a requirement for labeling. Staff was directed to bring a letter to the June 21 meeting regarding this issue. PRESIDING OFFICER'S REPORT Motion: Mr. Kolff moved to accept the Mayor's recommendation to confirm the following appointments to the Non-Motorized Transportation Advisory Board. Ms. Sandoval seconded. The motion carried unanimously, 7-0, by voice vote. City Council Business Meeting Page 8 June 7, 2004 Position 4, Jane Whicher, term expires May 1, 2006 Position 7, Melinda Bower, term expires May 1, 2007 SUGGESTIONS FOR FUTURE AGENDA ITEMS Ms. Sandoval and Mr. Kolff requested a review of activities of the WRIA 17 group on the next agenda. ADJOURN There being no further business, the meeting was adjourned at 9:15 p.m. Attest: Pamela Kolacy, CMC City Clerk City Council Business Meeting Page 9 June 7, 2004