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HomeMy WebLinkAbout07192004 . CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF JULY 19, 2004 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session this nineteenth day of July, 2004, at 6:30 p.m. in the Port Townsend temporary Council Chambers at Building 204, Fort Worden, Mayor Catharine Robinson presiding. ROLL CALL Council members present at roll call were Frank Benskin, Freida Fenn, Kees Kolff, Geoff Masci, Laurie Medlicott, Catharine Robinson, and Michelle Sandoval. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, Long Range Planning Director Jeff Randall, Planner John McDonagh, and City Clerk Pam Kolacy. CHANGES TO AGENDA . Mayor Robinson stated that many people in the audience are here to address PTTV issues. She added that there may be some misconceptions about the studio and stated that there are no plans whatsoever to close down the studio or to fire the station manager. She introduced City Manager Dave Timmons and City Clerk Pam Kolacy who confirmed that initial recommendations were being formulated for the studio as a result of the review of all city contracts and the elimination of live filming of council meetings for the next year. They reaffirmed that no plans have been made and that the studio is in no danger of being shut down nor is the contract station manager going to be released. Ms. Fenn asked to add a discussion item regarding PTTV under New Business. Ms. Robinson also stated that there was an error on the agenda in regard to Ordinance 2869, Historic Preservation and Demolition Code revisions. The item is not a continuation of a public hearing as noted on the agenda. Mr. Timmons added that an executive session would be held to discuss potential litigation. Mr. Benskin asked to remove the following items from the Consent Agenda: Resolution 04-038, Professional Services Agreement with CH2Mhill and Resolution 04-039, Award . City Council Business Meeting Page 1 July 19,2004 . and execute construction contract for the City Hall Annex. The items were added under Unfinished Business. Mrs. Medlicott asked to remove the following item from the Consent Agenda: Revision to Gateway Buffer Agreement with Jefferson County/Land Trust. COMMENTS FROM THE PUBLIC (consent and non-agenda items) In light of the number of people present who wished to comment on PTTV, Mayor Robinson asked City Manager David Timmons and City Clerk Pam Kolacy to say a few words regarding recent publicity in regard to the station. Both stated that there were no plans in place neither to eliminate public access television nor to fire the station manager. Staff was charged to look at contractual expenditures in light of the 2005 budget and has suggested possible changes that might be considered for the station. Several speakers were present to support the station and the manager: . Mark Welch Terry Lilian Segal Gary Nelson Jim Fritz Pat Perreault Kitti DeLong Donna Fitzpatrick Glen Paris Stamm Gloria Bram had comments about enforcement of the sign ordinance prohibiting sandwich boards on upper Sims Way. Testimony in support ofPTTV then continued: Michael Gilman David E. Woodruff Rebecca Rafuse Donatus Kinderis Jim Guthrie Karen Johnson Jim Rough Gary Lemons Alicia Pullen Peter Wiant Rose Sorney Ted Shoulberg . City Council Business Meeting Page 2 July 19, 2004 CONSENT AGENDA . Motion: Ms. Fenn movedfor approval of the following items on the Consent Agenda. Mr. Koljf seconded. The motion carried, unanimously, 7-0, by voice vote. Approval of Bills, Claims and Warrants Vouchers 90577 through 90710 in the amount of$245,865.86 Approval of Minutes: July 6,2004 and July 8, 2004 Adoption of Resolution: RESOLUTION 04-037 A RESOLUTION adopting the Jefferson County - City of Port Townsend Natural Hazard Mitigation Plan as the official Natural Hazard Mitigation Plan for the City of Port Townsend UNFINISHED BUSINESS GA TEW A Y BUFFER AGREEMENT WITH JEFFERSON COUNTY AND JEFFERSON LAND TRUST . Mr. Timmons stated that after Council approved the subject agreement on July 6, the County suggested a clarification to the agreement that does not change the meaning of the covenant. That language is included in the packet agenda bill. Motion: Mr. Masci moved to authorize the City Manager to execute the Gateway Buffer Agreement in connection with the County purchase of Gateway Buffer property, as revised, with the County and Jefferson Land Trust. Mr. Koljf seconded. The motion carried unanimously, 7-0, by voice vote. RESOLUTION 04-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON AUTHORIZING THE CITY MANAGER TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH CH2MHILL TO ASSIST THE CITY WITH AN UPDATE TO THE 1998 WATER SYSTEM PLAN Public Works Director Ken Clow was available to answer questions about the proposed resolution. He noted that a primary reason the firm was selected was that they completed the original plan in 1998 and are familiar with the City's water system; they also have the modeling date for the system and the digital formats of the current Water System Plan thus making the plan revisions easier, timelier and less costly to the City. . City Council Business Meeting Page 3 July 19,2004 Public comment: . Gloria Bram: asked why the data held by CH2Mhill has not been turned over to the city. (Mr. Clow noted that the data does belong to the City but he considers that understanding the model is important. Choosing a consultant for this type of project is based primarily on qualifications.) Ted Shoulberg: stated the scope of work is critical and should be re-examined to see what can be modified and reduced. Motion: Mr. Masci moved to approve Resolution 04-038, authorizing the City Manager to sign a professional services agreement with CH2Mhill to assist the City with an update to the 1988 Water System Plan. Mr. Koljfseconded. Mrs. Medlicott asked if this is the result of another unfunded mandate. Mr. Timmons confirmed. Ms. Fenn stated the Council should review the scope of work more thoroughly. Mr. Clow stated that the plan is currently outdated in many areas and that it will become the foundation ofthe Council's deliberations and discussions on the future of water. Vote: motion carried, 5-2, Fenn and Sandoval opposed. . RESOLUTION 04-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO A WARD AND EXECUTE A CONSTRUCTION CONTRACT FOR THE CITY HALL ANNEX AND CITY HALL RENOVATION PROJECT Mr. Benskin asked what would happen if the bids exceed the approval amount. Mr. Timmons stated the matter would be brought back before the Council. Motion: Mr. Koljfmoved to approve Resolution 04-039, authorizing the City Manager to award and execute the construction contract for the City Hall Annex and City Hall Renovation project. Ms. Sandoval seconded. The motion carried, 6-1, by voice vote, Masci opposed. UNFINISHED BUSINESS PURCHASE OF BOY SCOUT PROPERTY - CONTRACT APPROVAL Ms. Sandoval left the meeting as she has previously recused herself from the issue. . City Council Business Meeting Page 4 July 19,2004 . Mr. Watts stated that although the Council voted against a motion to approve a draft purchase and sale agreement on July 6, a change in circumstances has occurred. "Friends of the Scout House" have tendered funds to cover the money the City has spent to date for appraisal and staff time; they have declared that they expect no City financial contribution for a purchase and have requested the City to facilitate the opportunity to save the historic Scout house and forest for public, community purposes. Ms. Fenn noted this is a new take on the issue which would enable the City to be reimbursed for funds already expended and would allow the Friends to go forward without expense to the City. Mr. Timmons noted that, following the Council meeting on July 6, staff attended a previously scheduled meeting with the Friends and stated that the City was not in a position to take any further action. The Friends then made a proposal in regard to covering the City's expenses. With the receipt of that information, which was not available on July 6 when the item was first considered, staff believed the issue could be brought forward to Council with the new information. Motion: Mr. Masci moved to exclude the item from the agenda. Mr. Benskin seconded. Ms. Fenn noted that 700 citizens signed a petition and she would love to recoup the $5,000 for the City. Mr. Kolff stated that any risk to the City would be very small under the new terms. . Vote: motion failed, 3-3, Fenn, Koljf and Robinson opposed Mr. Masci asked why the City would be involved in the PSA when the Friends could deal directly with Mr. Garrison; he asked if Mr. Garrison could receive a tax deferral if he deals with the City rather than a private entity. Mr. Watts stated that there is a tax deferral Mr. Garrison would receive on the profit if he were to sell the property to the City. He added that this has been the reason Mr. Garrison has been willing to enter into an agreement with the City rather than a private party. Mr. Timmons: He is eligible, we don't know if he actually has that benefit. That is a public policy issue the council has to address. Public comment: Pat McMinds: Thanked the councilors and staff for their efforts on behalf of the Friends. Gloria Bram: Expressed reluctant support of approving the agreement, noted it is unfortunate the City has been forced into the position of protecting the property. . City Council Business Meeting Page 5 July 19,2004 · Mrs. Medlicott stated the fact she lives near the property for the public record. She added that she believed the Council had been clear with its previous vote that it would not support approval of the PSA. Mr. Masci raised his concern about whether the Friends are a legally formed non-profit organization. Mr. Watts noted that it is his understanding they are a partnership or joint venture and added their legal status has not been presented to the City. Mr. Kolff said that he believes the City would be an appropriate facilitator for the purchase and stated that the current recommended action takes care of all the questions raised. He noted that he has talked with the Land Trust about stepping in to assist the Friends. Motion: Mr. Koljf moved to approve the PSA subject to the Friends' proposal, so there is no cost to the City in approving the PSA, and, further, declare the Council will not commit any City funds to purchase the property and any purchase must rely on 100% private funds. Ms. Fenn seconded. Mr. Masci spoke in support of land trust involvement. Mr. Robinson stated that the proposed action would create a window for the neighborhood group to find a solution without putting the City at financial risk. · Vote to approve failed 3-3, by voice vote, Benskin, Masci and MedUcott opposed. WRIA Policy Issues Mr. Clow stated that the Council received an agenda bill regarding this issue at the beginning of the meeting, which was not included in the packets. He noted that City staff is seeking Council policy guidance on the issue of minimum in-stream flows for streams within eastern Jefferson County. He added that the next WRIA steering committee meeting is scheduled for August 10. Mr. Timmons stated that no decision is expected at this time, but the issue will be scheduled for the August 2 business meeting. Mr. Masci asked if the WRIA consensus process has ever worked. Mr. Clow stated he is not aware of any regional groups, which have reached consensus. Mr. Kolffasked about the County's involvement in the process. Mr. Clow noted that the County is a kind of overseer of the planning unit process and that each recommendation comes back to the government agencies. · City Council Business Meeting Page 6 July 19,2004 Public comment: · Ted Shoulberg stated the City has a fiduciary responsibility in protecting the water right. Dana Roberts (PUD Commissioner) speaking as a citizen, encouraged the Council to choose the third option presented (very low in-stream flow restrictions on the Big and Little Quilcene Rivers as well as supporting the need for further groundwater development in the Chimacum Creek basin and higher in-stream flow restrictions on other streams within the Planning Unit, and reservations of ground water in other basins for future development of community/municipal water systems and allowances for single exempt wells). He added an update to the July 8 discussion, stating that the PUD is now at work on increasing its treatment capacity from the Sparling Well by about 20% which will allow pulling that same added volume from the well and remain well within the current water rights. The item will be forwarded to the August 2 business meeting. ORDINANCE 2868 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE CREATING A NEW CHAPTER 9.46 CAMPING, REGULATING CAMPING AND PARKING OF VEHICLES FOR CAMPING OR SLEEPING THEREIN, AND PRESCRIBING PENALTIES · Chief Kristen Anderson and Sergeant Ed Green were present to present the ordinance. Camping is a use not consistent with the common understanding of use of City rights of way and leads to many nuisance situations. Sergeant Green gave several examples of the types of calls during which Police officers have to deal with campers in the public rights of way. In answer to Ms. Sandoval's questions, Chief Anderson stated that the ordinance allows an exemption for guests of persons living on private property; the proposed limit on guest camping is ten days. Mr. Masci asked if there had been any consultation with any homeless advocates or churches in the City. Chief Anderson and City Attorney Watts both stated they hadn't had such contact. Mr. Benskin asked for more information about the penalties. Mr. Watts stated that the ordinance would be revisited in six months. Public comment Nancy Dorgan supported adoption of the ordinance and asked if non-motorized rights of way could be included. · City Council Business Meeting Page 7 July 19, 2004 . Larry Crockett: asked if the law would apply to the Larry Scott Trail. Gloria Bram spoke in favor of passage, but wanted to make sure it does not apply to the Fairgrounds and that the Council consider allowing an exception for the Police Department to give 24 hour notice as opposed to immediately sanctioning of a fine if health and safety of others is not an issue. Ms. Fenn suggested referring the ordinance to the Affordable Housing Task Force, citing the extreme shortage of shelter for homeless people. Motion: Ms. Fenn moved to defer action and forward to the Affordable Housing Task Force for review and recommendation. Mr. Koljf seconded. Mr. Masci complimented the police for the way they are currently handling the situation. Mr. Benskin stated he would support sending the ordinance to the Task Force but does not want it to get lost in endless process. Mr. Timmons stated that Council could act on the first reading and defer to the Task Force; any issues addressed between now and August 2 would be added at that time. Mr. Kolff stated that a first reading at this time seems premature. Vote on motion to defer to task force failed, 4-3, Fenn, Koljf and Sandoval in favor. . Motion: Mr. Masci moved to suspend Council rules and adopt Ordinance 2868. Mr. Benskin seconded. The motion failed, 2-5, by voice vote Masci and Benskin in favor. Motion: Mr. Masci moved for first reading of Ordinance 2868 and to forward the Ordinance immediately to the Affordable Housing Task Force for comment and review. Mrs. MedUcott seconded. Ms. Robinson proposed a friendly amendment to add language in 9.46.030 (F), the definition of "street" to add "and includes street ends and right of way areas adjacent to streets and street ends. The amendment was accepted. Vote: motion carried, 4-3, by voice vote, Fenn, Koljf and Sandoval opposed. A representative from the Police department will attend the Affordable Housing Task Force meeting. ORDINANCE 2869 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE CHAPTER 17.30, HISTORIC OVERLAY DISTRICT - DESIGN REVIEW, SECTION 17.30.085, DEMOLITION STANDARDS . City Council Business Meeting Page 8 July 19,2004 · TO PROVIDE ADDED REVIEW BEFORE DEMOLITION OF AN HISTORIC STRUCTURE OCCURS City Attorney John Watts reviewed the Agenda Bill, noting that the matter before the Council is to take action on the draft historic preservation code sections providing "added review before demolition of an historic structure occurs." He noted that new language regarding demolition applications is plugged into the ordinance starting at page 6. Mr. Masci asked about the public hearing procedure. Mr. Watts noted the public comment portion ofthe public hearing was closed on May 17. Since then, information has been provided to the city administration and passed on to the Council (letters from the Port and HPC), which is technically not part of the public record of the public hearing. Public comment Larry Crockett referred to the Port's letter dated May 26,2004, drafted by Attorney Mary Winters, in support of the exemption provision in the proposed ordinance that impacts Point Hudson. · Nancy Dorgan stated the Council has had no substantive discussion about the Point Hudson exemption and the issue has been delayed to the end of the meeting. She spoke against including the exemption. Gloria Bram urged the Council to take the Port's needs into consideration. Barbara Marseille stated that she is a member of the HPC, but not here under their directive. She urged the Council to read and consider the letter from HPC because they will not be able to review it formally. In reviewing all the minutes from Planning Commission, no evidence was found that they considered or discussed this exemption. HPC was told that Planning Commission considered it. She said it is unfair to point out that Point Hudson is not on register. The Port had plenty of opportunity to engage us in getting it put on the register, but ran the other way. If owners do not want it there it does not get put on the register. She was a member of a committee that drafted the ordinance and examined more than a dozen municipalities. You are stewards of a landmark district. Ted Shoulberg stated the City has different values as a full service government; the Port is focused only on economic development. He urged the council to remove the exemption from the ordinance before adoption. Mr. Masci stated there is no appeal process for an owner; he would like a definition of "independent expert" and "peer review" as he considers them ill defined and at the discretion of the City Manager. He believes the absence of an appeal process would · City Council Business Meeting Page 9 July 19,2004 · force applicants to appeal to the court system. He stated he would not support passage without an appeal procedure and with the inclusion of the peer review and independent expert sections. Mr. Watts stated that the appeal process already exists in the new ordinance, which combined the two historic preservation sections of the code into a single section. He added that he would expect expert review to be rare and that peer review is an opportunity for a second opinion, which appears in the city code already in the section regarding wetlands. Mr. Timmons added that he has heard complaints again and again about the staff not making decisions based on fact but on arbitrary criteria; it was thought this process would provide an element of integrity to the review process by providing a third party opinion. Ms. Fenn stated for the record that she has a potential financial interest in Pygmy Boats at Point Hudson which does not exclude her from participating in this legislative action. She would also like a definition of "expert" in terms of who would qualify. She expressed concerns about extra cost to the City for expert opinions. She also stated she is distressed by the inclusion of the exemption for Point Hudson. Motion: Ms. Fenn moved for first reading of Ordinance 2869, with the deletion of Section 17.30.060(2)(C). Ms. Sandoval seconded. · Ms. Sandoval spoke in favor of the motion; she noted the ordinance had been on the shelf for months. She added that the Port has "quality of life" as part of its mission statement and she would be happy to support the exemption language if there were any indication that the Port would be willing to commit to a sub area plan with the City right now; however, she added the Port has been unwilling to meet even to discuss the consultant's report. Mr. Benskin spoke in favor ofthe exemption clause. Vote: motion carried, 4-3, by voice vote, with Benskin, Masci and MedUcott opposed. PTTV Ms. Fenn stated that she would like to reconsider the Resolution passed by the Council establishing the PEG Access Advisory Board. Consensus was to articulate some of the Council's questions and have a special discussion on July 26 regarding PTTV. Questions were raised regarding PEG Access Advisory Board, imposition of a utility tax on cable company revenues, alternatives to the current station structure, liability issues, where the interests of other local governments stand in terms of becoming members, and the five-year plan for the studio. · City Council Business Meeting Page 10 July 19,2004 · Mr. Masci stated that a Councilor should be part of the PEG Access Advisory Board. He also stated that the presumptions of seven years ago are no longer correct and the station should be examined in terms of the way it has evolved. Mr. Masci suggested adding money from the General Fund to PEG Access instead of supporting non-profits in 2005. He also suggested raising producer fees substantially. Ms. Sandoval asked for staff to bring some options forward for the Council to consider. Mayor Robinson stated that no decisions regarding the studio have been made. Mr. Kolff stated he would like to learn more about the television station and whether or not there are ways to make it better. REMAINING AGENDA ITEMS Due to the lateness of the hour, the Council agreed to consider the remaining agenda items at the next business meeting. The items are: Appointment to Downtown Parking Advisory Board Appointment of Kees Kolff to WRIA 17 Steering Committee Hazard Mitigation Grant Funds Application Assistance to Firefighters Grant Award · EXECUTIVE SESSION At 11 :20 p.m., the Mayor announced the Council would go into executive session to discuss personnel issues and potential litigation. It was anticipated the session would last for ten minutes and no action was anticipated. RECONVENE The meeting was reconvened at 11 :35 p.m. ADJOURN There being no further business, the meeting was adjourned at 11 :36 p.m. Attest: ~,1i~ City Clerk · City Council Business Meeting Page 11 July 19, 2004