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HomeMy WebLinkAbout080612CITY OF PORT TOWNSEND MINUTES OF THE REGULAR SESSION OF AUGUST 6, 2012 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The Port Townsend City Council met in regular session the sixth day of August, 2012, in Council Chambers. The meeting was called to order at 6:30 p.m., Mayor David King presiding. ROLL CALL Councilmembers present at roll call were Robert Gray, David King, Kris Nelson, Catharine Robinson, Michelle Sandoval, and Deborah Stinson with Mark Welch excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, Public Services Director Rick Sepler, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Mayor King noted that a request has been received to remove Item E (Sole Source for Police In -Car Video System) from the Consent Agenda. Consensus was to place the item first under Unfinished Business. Staff also noted that Item C under New Business (Lynn /Richardson Amendment) has been pulled from tonight's agenda. SPECIAL PRESENTATION: Outstanding Wastewater Treatment Plant Award for Biosolids Wastewater Treatment Plant and Wastewater Treatment Plant Mayor King introduced Street, Sewer and Stormwater Operations Manager John Merchant, who accepted the Outstanding Wastewater Treatment Plant Awards from the Washington State Department of Ecology. The awards are the latest in a long history of excellence. Mr. Merchant introduced the employees present, Mike Bartkus, Jim Freitas, Dave Rodia, Bliss Morris, and Bob Mackey. COMMENTS FROM THE PUBLIC Rick Jahnke, president of Admiralty Audubon, distributed copies of this year's Kah Tai Nature Park bird survey for Kah Tai Nature Park and discussed the results. George Yount thanked the City and staff for their work to make Kah Tai Park a reality. City Council Business Meeting August 6, 2012 Page 1 of 10 CONSENT AGENDA Bills, Claims and Warrants Vouchers 118358 through 118363 in the amount of $536,464.46 Electronic Funds Transfer (EFT) in the amount of $280.38 Vouchers 118248 and 118264 through 118536 in the amount of $267,042.76 Voucher 118364 in the amount of $328.50 Vouchers 118365 through 118373 in the amount of $90,877.41 Vouchers 118375 through 118392 in the amount of $4,972.67 Voucher 118393 in the amount of $197.44 Vouchers 118394 through 118478 in the amount of $297.906.78 Vouchers 118479 through 118488 in the amount of $230,924.01 Voucher 118489 in the amount of $129.00 Approval of Minutes: July 9 and July 16, 2012 Resolution 12 -031, Reconfiguring Governing Body Membership of the Peninsula Housing Authority Resolution 12 -032, Authorizing the City Manager to Accept a Grant Award from the United States Department of Justice COPS Hiring Program (CHP) Resolution 12 -034, Approving a Change of Control of the Parent to the Cable Franchise Holder Line Item transfer - Professional Services Funds (Non - Departmental to City Clerk) Confirm Appointment of Deborah Stinson as City representative and David Timmons as alternate to JeffComm Board Two changes were noted on Resolution 12 -034. In Recital A, change "Wave Division Holdings" to "Wave Division I" and correct the Mayor's signature line. Motion: Catharine Robinson moved to approve the consent agenda minus Item E and with corrections to Resolution 12 -034 (Item F). Kris Nelson seconded. Vote: motion carried unanimously, 6 -0 by voice vote. UNFINISHED BUSINESS Resolution 12 -033 to Declare Coban Research and Technologies a Sole Source for the Police In -Car Video System and Replacement Parts. City Council Business Meeting August 6, 2012 Page 2 of 10 Mr. Gray stated that the questions he asked have been answered by staff and that he was in support of the new version of the resolution presented this evening in hard copy. Mr. Watts confirmed that more specific language has been added to be consistent with state law. Motion: Catharine Robinson moved to approve Resolution 12 -033 as amended. Michelle Sandoval seconded. Vote: motion carried unanimously, 6 -0 by voice vote. Agreement with Port - Public Hearing and Ordinance 3079, Vacating Certain Rights of Way in Boat Haven (Property Zoned M -II(A) Marine Related Uses), Including Portions of Jefferson Street, San Juan Avenue, 10th Street, 8th Street, Landes Street and Hill Street, and the Alley Between Landes and Hill, Establishing Conditions to the Street Vacation; and Establishing an Effective Date City Attorney John Watts reviewed the packet materials, noting that Council has approved first reading of the ordinance vacating certain rights of way in the Port. There was no public comment. Mr. Watts reviewed the basics of rights of way ownership. He said that because the City owns the adjacent tidelands to the platted Madison Street right of way under City Dock, a vacation of Madison Street to the owner would result in City ownership of the property and therefore the City could convey that property to the Port along with City Dock. On the other hand, if Taylor Street were vacated under Union Wharf, the land would go into private ownership (to adjacent owners) and could not be conveyed to the Port. Mr. Watts reiterated that all actions are conditional subject to the actual transfer of property between the City and the Port. Motion: Michelle Sandoval moved to approve approve Ordinance 3079, Vacating Certain Rights of Way in Boat Haven (Property Zoned M-11(A) Marine Related Uses), Including Portions of Jefferson Street, San Juan Avenue, 10th Street, 8th Street, Landes Street and Hill Street, and the Alley Between Landes and Hill, Establishing Conditions to the Street Vacation; and Establishing an Effective Date Kris Nelson seconded. Vote: motion carried unanimously, 6 -0 by voice vote. Agreement with Port - Public Hearing - Ordinance 3078 Amendments to the Nonconforming Use Provisions - Chapter 17.88 PTMC Nonconforming Lots, Structures and Uses and Chapter 20.01 Land Development Administrative Procedures City Council Business Meeting August 6, 2012 Page 3 of 10 Public Services Director Rick Sepler reviewed the packet materials, noting that first reading of the ordinance took place at the last business meeting. There was brief discussion. There was no public comment. Motion: Kris Nelson moved to approve Ordinance 3078, Adopting Certain Amendments to the Narrative Text and Tables of Chapter 17.88 Nonconforming Lots, Structures, and Uses and Chapter 20.01 Land Development Administrative Procedures of the Port Townsend Municipal Code (PTMC), all in a Manner Consistent with the Requirements of Chapter 20.04 PTMC and the Growth Management Act of 1990, as Amended (Chapter 36.70a RCM. Catharine Robinson seconded. Vote: motion carried unanimously, 6 -0 by voice vote. Resolution 12 -030, Transferring the City Ownership Interest in City Dock (Excluding the Pope Marine Building) and Union Wharf (including Tideland 51), and the Abandoned Railroad Line in Boat Haven, to the Port, Establishing Conditions to the Transfer; and Establishing an Effective Date City Attorney Watts reviewed the packet materials. He stated that during discussion of the resolution at the last Council meeting, the Council requested the City / Port steering committee to provide a recommendation on matters related to whether the transfer of docks includes the land under the docks and what happens to the covenant on pedestrian access if the dock or docks are destroyed and rebuilt. The Council also asked for more information on whether the Recreation and Conservation Office (RCO) grant restrictions apply after the "life of the dock" to the dock and to the bedlands (if dock ceases to exist.) Mr. Watts stated that the steering committee met again and recommended five additions and clarifications to the transfer, which are listed on the agenda bill and shown in attachment "Draft Language in a Quit Claim Deed (July 24, 2012)." Regarding the RCO grant document, Mr. Watts noted applicable terms are subject to interpretation by RCO staff . The best way to safeguard city interests is to spell out the terms in the conveyance document rather than relying on RCO grant conditions alone. Mr. Watts reported that he spoke with a grant compliance officer at RCO and her opinion was that the terms of the grant would apply in perpetuity and therefore the Port would have to abide by the grant restrictions after the transfer. Mr. Watts noted that free pedestrian access is a condition imposed by the City, not the RCO. Mr. King stated that this was confirmed at the steering committee meeting. City Council Business Meeting August 6, 2012 Page 4 of 10 Considerable discussion ensued about wording, specifically regarding two issues. First was whether a more specific term or terms than "proper maintenance" should be used (for example, reliable, regular, or consistent) with concerns expressed that benign neglect could occur even though it is in the Port's best interest to maintain their property. Second was the lack of definition of "structures" - it is not clear that the Union Wharf shelter is included with the two docks as a structure. In addition, the City and Port standards should be reciprocal and the same language that applies to Kah Tai should apply to the docks. Example: Kah Tai property includes requirements for "proper maintanenace of property and improvements" and the same language applied to the docks would include any improvements such as the Union Wharf shelter. Other discussion centered around the phrase "useful life" and the difference between maintaining a natural park and man -made structures such as docks. Clear language is desirable so that the intent is clear well into the future. Ms. Robinson noted her concerns about the City releasing its interest in Madison Street completely (which is a separate item but mentioned here.) The City can't vacate its interest in Taylor Street without the land reverting to private ownership and that seems to be an effective back -up plan for the public since the City reserves the option to build a replacement dock if the current dock is destroyed and the Port does not choose to replace it within seven years. She stated that ownership is secondary to the ability of the public to access the water. Because the Port is receiving title to Madison Street right of way, that option is not available for City Dock. It may be better for safeguarding the public if two entities have an interest in a public facility. Discussion continued regarding protection of the public's interest in the docks. The example of the deterioration of Quincy Street Dock (in Port ownserhip but leased to a private entity) was brought up. Mr. Watts noted the the language in the summary outline was discussed thoroughly and there was discussion about "proper" maintenance and if that was a good enough term. After going back and forth about whether it needed more detail, it was considered sufficient in part because elected bodies in the future would be held accountable for their actions. He added that in a worst case scenario, the City would have the right to bring legal action. It was to amend the Resolution by inserting "docks and structures" in every instance that now says "docks" and by changing all phrases that currently read "proper maintenance" to "proper and regular maintenance:" It was noted that the Port will not adopt a resolution but will adopt language in the deed which will reflect the final resolution language agreeable to both City and Port. Ms. Robinson stated she wishes to support the transfer of the docks but is concerned about supporting the conveyance of the land under City Dock to the Port as part of the agreement. She indicated she will support this action but not City Council Business Meeting August 6, 2012 Page 5 of 10 the next action regarding vacation of Madison Street right of way. Motion: Kris Nelson moved to approve Resolution 12 -030 Transferring the City Ownership Interest in City Dock (Excluding the Pope Marine Building) and Union Wharf (including Tideland 51), and the Abandoned Railroad Line in Boat Haven, to the Port, Establishing Conditions to the Transfer, and Establishing an Effective Date with the two additions discussed and placement of reciprocal language regarding Kah Tai in the conveyance documents. Catharine Robinson seconded. Vote: motion carried unanimously, 6 -0 by voice vote. Ordinance 3080, Vacating a Portion of Madison Street Right of Way Associated with City Dock; Establishing an Effective Date Mr. Watts reviewed the packet materials. The recommendation of the steering committee is that the City vacate Madison Street under City Dock and assign clear title to the Port. Mr. King noted that the idea is that there would be clear title to Kah Tai for the City and clear title for Madison Street and the dock to the Port. Mr. King noted that he does not see a benefit to the City to maintain use of the property and that it could be a lingering thorn in the relationship of the City and Port if the City retained ownership. If the Port is the owner, their responsibility is clear. Mr. Timmons noted that keeping the right of way may make things more complicated and confuse owner liability and create jurisdictional issues. There was no public comment. Motion: Kris Nelson moved to approve first reading of Ordinance 3080, Vacating a Portion of Madison Street Right of Way Associated with City Dock; Establishing an Effective Date. Michelle Sandoval seconded. Vote: motion carried, 5 -1 by voice vote, Catharine Robinson opposed. Ordinance 3081 Repealing Port Townsend Municipal Code Chapter 5.46 City Dock and Union Wharf Use Regulations and Charges City Attorney Watts reviewed the materials, noting that this is a housekeeping matter repealing regulations the City imposed on itself regarding fees and regulations affecting City Dock and Union Wharf. The ordinance would take effect upon the closing of the transfer of the docks to the Port. There was no public comment. Motion: Catharine Robinson moved to approve Ordinance 3081 Repealing Port Townsend Municipal Code Chapter 5.46 City Dock and Union Wharf Use City Council Business Meeting August 6, 2012 Page 6 of 10 Regulations and Charges. Kris Nelson seconded. Vote: motion carried unanimously, 6 -0 by voice vote. Ordinance 3082, Amending the Port Townsend Municipal Code Chapter 13.05 Utility Rates and Charges and Adding a New Section 13.05.055 Boat Haven - Exemption from Stormwater Fees Mr. Watts noted that first reading of the ordinance took place on July 16. The effect of the ordinance is to remove Boat Haven and its tenants from paying stormwater fees. The Port does not contribute stormwater to the City's stormwater system and maintains its own system which is required by their state permit. The Port would charge their own fees to maintain that system. There was no public comment. Motion: Michelle Sandoval moved to approve approve Ordinance 3082, Amending the Port Townsend Municipal Code Chapter 13.05 Utility Rates and Charges and Adding a New Section 13.05.055 Boat Haven - Exemption From Stormwater Fees. Kris Nelson seconded. Vote: motion carried unanimously, 6 -0 by voice vote. Mayor King declared a recess at 8:25 p.m. for the purpose of a break. The meeting was reconvened at 8:35 p.m. NEW BUSINESS Preserve America Grant - Coordinated Signage and Wayfinding Program - Phase III and IV Implementation (Local Information Signage and Entry Signage) Public Services Director Rick Sepler reviewed the agenda materials. He noted this item relates to the design of the signs. He states several issues raised regarding the business - provided content of the signs will be addressed during the presentation. Citizen concerns have also been addressed in regard to the design and scale of the signs. He stated that implementation has begun on the earliest phases and a preliminary "thumbs up" has been received from the State office of Archeology and Historic Preservation, which is a significant step. Consultant Kelly Brandon reviewed the presentation materials in detail. Councilors raised questions about what steps will be taken to make the city entry sign vandal resistant. Mr. Brandon noted that tamper proof bolts will be installed. He noted that a balance will be struck between something classy and City Council Business Meeting August 6, 2012 Page 7 of 10 a sign that is easily fixed. He also addressed the finish of the sign which has an inherent resistance to graffiti. Concerns were also raised about the blank backs of the local directional signs. Mr. Brandon noted that there may not be enought budget to do anything except paint the backs of the signs or put another panel on the back so the sign structure is not visible. There was no public comment. Motion: Catharine Robinson moved to authorize the City Manager to obtain bids and award a contract for the implementation of Phase 111 and Phase IV of the Sign Consolidation and Wayfinding Program (as revised) provided that the total base expense does not exceed $23, 000. Kris Nelson seconded. Vote: motion carried unanimously, 6 -0 by voice vote. Proposed Revision to PTMC 17.76.113 Pilot Project - Sims Way (SR20) Local Information Signs to Include Retail and Service - Oriented Businesses Located off Sims Way Mr. Sepler reviewed the packet materials. He noted the Council adopted this interim measure pending the completion of the Wayfinding program and now that design guidelines have come forward this is a reasonable time to look at the interim control in place and craft permanent legislation. He added that staff wishes to modify its recommended action to direct Planning Commission to review the design guidelines and bring a recommendation back to the Council (rather than referring issue back to staff). He referred to a memorandum distributed this evening in response to several questions received after the packet materials were distributed. Discussion ensued, including issues such as placement of all signs on the right side of the road directing travelers to businesses on the right, exclusion of businesses in the Business park, and the rationale for including certain types of businesses and not others in the program. There was no public comment. Discussion continued, regarding issues of fairness, such as allowing businesses which are already using the maximum square footage allowed for signage to have additional signage on the LIS signs, excluding food and lodging businesses which require a left turn from Sims Way when heading downtown, and whether seasonal businesses should be allowed to displace permanent businesses on shared signs rather than crafting another accommodation, and the concept of general inclusiveness as opposed to limiting to food and lodging establishments. Motion: Catharine Robinson moved refer the issue with the entire packet of City Council Business Meeting August 6, 2012 Page 8 of 10 materials to the Planning Commission for review and recommendation. Robert Gray seconded. Vote: motion carried unanimously, 6 -0 by voice vote. Nonmotorized Transportation Plan - Lynn /Richardson Proposed Amendment (Property in Vicinity of 39th and Howard) (Item removed from agenda) PRESIDING OFFICER REPORT Mayor King reported on a meeting with ferry representatives. Night runs to Whidbey Island are not being used much at this time but are also not well publicized. It is hoped the extra service will continue long enough to show positive results for the communities on both sides of the run. He also stated that he would like to have the Special Projects Committee discuss whether to support Senate Bill 6248 regarding "entity" owned boats in Washington state waters. The bill has been endorsed by the Marine Trades Association and the local Chamber of Commerce. The bill relates to the length of time a vessel can remain in a certain area before a tax is levied against it. The regulations would primarily affect large yachts. CITY MANAGER REPORT City Manager Timmons reported on intersection improvements at the state ferry terminal which will begin shortly. He stated the systems at the pool are having cascading failures and could turn into a crisis. He also gave an update on the Customs House project. Mr. Timmons briefly reviewed the three action items under his report. There was no public comment. Motion: Catharine Robinson moved to authorize the City Manager to apply for a revitalization grant from the State Department of Commerce for final completion of the waterfront and Quincy Street improvements and move to authorize the Clty Manager to apply for an economic development grant from the State Department of Commerce for the Howard Street extension. Kris Nelson seconded. Vote: motion carried unanimously, 6 -0 by voice vote. Motion: Catharine Robinson moved to authorize the City Manager to sign a letter of interest with Jefferson Transit to explore options with Transit on the future of the Visitor's Center. Michelle Sandoval seconded. Vote: motion carried unanimously, 6 -0 by voice vote. SUGGESTIONS FOR NEXT OR FUTURE AGENDA, REGULAR MEETING AND /OR STUDY SESSION City Council Business Meeting August 6, 2012 Page 9 of 10 Ms. Sandoval stated that it is important to get moving on the recommendations of the Exploratory Regional Parks & Recreation Committee. She has suggestions for representatives to the small group that will be formed to follow up on the full Committee's recommendation. COMMENTS FROM COUNCIL EXECUTIVE SESSION ADJOURN There being no further business, the meeting was adjourned at 9:34 p.m. Attest: Pamela Kolacy, MMC J City Clerk City Council Business Meeting August 6, 2012 Page 10 of 10