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HomeMy WebLinkAbout12192005 . I MINUTES OF THE REGUl~R SESSION OF DECEMBER 19, 2005 i CAll TO ORDER A~D PLEDGE OF AllEGIANCE I The City Council of the City of Port Tbwnsend met in regular session this nineteenth day of December, 2005, at 6:00 p.m.1 in the Port Townsend temporary Council Chambers in the Cedar Room of the IWaterman & Katz Building, Mayor Catharine Robinson presiding. I 'OlL CALL Council members present at roll callfere, Freida Fenn, Kees Kolff, Laurie Medlicott, and Catharine Robinson. Ms. Sandival, Mr. Benskin and Mr. Masci arrived later in the meeting. I Staff members present were City Att~rney John Watts, long Range Planning Director Jeff Randall, Senior PlannerlJudy Surber, Police Chief Conner Daily, Public Works Director Ken Clow, and City qlerk Pam Kolacy. I Ms. Sandoval arrived at 6:05 p.m. I Mayor Robinson acknowledged appr~ciation to all the citizens who have decorated their homes and businesses for the ~olidays, especially Mrs. Smith who has the display at the entrance to town. I I She also acknowledged the contribu~ions of two citizens who recently passed away, George Earl and Betty Atkinson I CHANGEb TO THE AGENDA i Mr. Kolff recommended that Item XI ~ (2) and A (1) be reversed as the policy decisions may affect the adoption of ~he 2006 contract resolution. I COMMENTS FROM THE P~BLlC (consent and non-agenda items) Forrest Rambo: noted he is once agJin a citizen of the city. He thanked the Council and the preceding Council for contin~ing with the annex project and completing it. i Jeff Kelety: thanked outgoing Coun ilors Kolff and Fenn and noted his positive experience since entering into the p litical process. . CON ENT AGENDA . I Motion: Mr. Kolff moved for approv~1 of the following items on the Consent Agenda. Ms. Sandoval seconded. The motio! carried unanimously, 6-0, by voice vote. City Council Business Meeting Page 1 December 19,2005 . Approval of Bills, Claims and Warra Its Vouchers 96318 through 964~7 in the amount of $730,278.58 I I I Approval of Resolution 05-051, Gen~al Government Contract, authorizing City Manager to execute a collective bar aining agreement with Local Union No. 589 of the International Brotherhood of Tea sters for General Government employees effective January 1, 2006 through D cember 31, 2008. I I PUB~IC HEARINGS I I STREET VACATI~N APPLICATION LUP05-065 KAASE/LEINBAqH, MORTON & MAYSHARK I Mr. Benskin arrived at 6:15 p.m. Mayor Robinson read the rules of or~er for public hearings. She asked if any Council members had any interests, ~nancial or property, in this matter. There were none. ! John McDonagh of the Developmen~ Services Department reviewed the packet material, including the findings and cpnclusions. . , , There were no comments from the p~blic. i Ms. Sandoval asked why a twelve-mf:>nth time frame was chosen for recognizing an appraisal as valid. Mr. McDonagh stated that currently the code is silent on the issue, however staff realized that a li~it would make sense in terms of the fluctuations of property value; he als noted there would be instances where if a planned project did not go forward, t e City may not wish to vacate the street. Motion: Ms. Fenn moved for appro~al of the Findings of Fact and Conclusions dated December 13, 2005 for Street I Vacation Application LUP 05-065. Mr. Benskin seconded. I i Amendment: Ms. Sandoval Propo~d an amendment to change the twelve-month time frame for recognizing an apprai al as valid to six months (keeping the one-time six month extension at the discretio of the City Manager.) This amendment was accepted without objection. i I i Mr. Masci arrived at 6:25 p.m. . i Amendment: Mr. Kolff offered an afrendment to delete the sentence that refers to the City Manager's ability of offer a gne-time 6 month extension, and to add to the first paragraph a sentence stating thtJt the purchase must be completed within three City Council Business Meeting Page 2 December 19,2005 years of the date of Council appro va. The amendment was accepted without . objection. Vote on motion as amended: motio~ carried unanimously, 7-0, by voice vote. i STREET V ACA TIO~ APPLICATION LUP 05-078 QUIMPER UNITARIA~ UNIVERSALIST FELLOWSHIP I Mayor Robinson stated that the ruleJ of procedure for public hearings are still in effect. She asked if any Council m~mber had any financial or property interests in the matter. I Ms. Fenn disclosed that she is a mef.ber of the Quimper Unitarian Universalist Fellowship. Mr. Watts confirmed th t this would not be an instance where recusal was required as there is no conflict 0 interest; the rule would only apply in this type of matter if one owned property or li~ed on the street being vacated and would personally benefit from the action. I I I I Mr. Kolff disclosed that he is also a ~ember of the QUUF. In answer to Mr. Watt's question, bo~h Ms. Fenn and Mr. Kolff stated they do not sit on the Board of Directors for the org~mization. John McDonagh, of the Developme1t Services Department, reviewed the packet materials. He noted that the proiectfor expansion as envisioned would require conditional use approval and SEPA pproval as well as the street vacation and so the conditions staff recommends tie nto those subsequent land use processes. He added that the Non-Motorized Transportation Advisory Board has approved the concept so long as some form of norll-motorized trails and easements are maintained (not necessarily in the ri9ht of way). Public comment: ! i Kendra Golden, current QUUF Boar President, noted a number of members of the congregation are present. She state that QUUF supports the staff's findings and conclusions subject to some discuss on in light of the timing. She gave some background on the growth of the co gregation since 1997 and the need for more facilities to serve them while remaini g in the same location. She noted that the project would provide for their needs while keeping in mind the needs of the greater community, for example, by proVidinf: space for non-profit organizations. She said that vacating the street that divides t e property will enhance the design and they will be pleased to work with the City 0 locate all trails and easements. She noted that the only question will be timing s the members need to process and vote on various aspects of the project. She ~uestioned whether they would be able to complete the building permit applica.ion and obtain SEPA approvals all within six I . . City Council Business Meeting Page 3 December 19,2005 . months of obtaining an appraisal an said that time frame could be a challenge for them. . Robert Spillers, QUUF member, stat d he does not believes there is any need for access on the property proposed forlvacation, and hopes that people would see that the use requested would be the bestl possible one. I I , I Staff response: I I Mr. McDonagh stated, in support of ~he speakers, that reducing approaches to San Juan Avenue is something that both IPublic Works and DSD would support. He added that the rights of way in town are a wonderful public asset and can serve as open spaces, etc. and in this case st~ff believes the right of way could be vacated and its trail function located elsewhete. Mr. Watts stated a concern raised w1s that if the request and approval of the street vacation is tied to a project that neeJs the right of way, approval of the ordinance should be tied to that project; otherwise the street vacation may go forward even if the project doesn't. That is the concj:!pt of tying final approval of the street vacation to final approval of the project. I i . ' Mr. McDonagh said that there may b~ some difficulty with the six-month appraisal validity "box" for a project of this sizef I Ms.. Robinson suggested extending tre end date to accommodate the more complex project. I Clarifications: i Kendra Golden: stated that the complexity of the permit process could mean the project may take a bit longer, especi~lIy if the final building permit application needs to be altered due to findings in the c~nditional use permit. I , Motion: Ms. Sandoval moved to ap~rove the findings of fact and conclusions dated December 13,2005, regarding Stre~t Vacation Application LUP05-078 with the valid appraisal period changed from the etisting 12-month period to a 6-month period (retaining six-month extension at disfretion of City Manager). Ms. Fenn seconded. Motion to amend: Mr. Benskin movJd to set a time frame for completion of the street vacation within three years. ~s. Sandoval seconded. , . Ms. Medlicott stated she believes thif would put unfair constraints on the petitioners. Motion to amend withdrawn with no ?bjections. I i I City Council Business Meeting Page 4 December 19, 2005 . Vot, on mouon to 'ppro" " ,m,n I"" to chan", 12 =nth appro!,,' "lidily p,rind to 6 month appraisal validity period 1arried, 6-1, Medlicott opposed. i Motion: Mr. Masci moved that a fiv~-year limit be placed upon the completion of the street vacation. Mr. Benskin secon~ed. The motion 6-1 carried, with Mrs. Medlicott opposed. I Ms. Fenn asked for clarification that this means all permitting is completed. Mr. Masci confirmed. ' I Vote: motion carried, 4-3, Fenn, Kolrr and Sandoval opposed. , I PRESIDINq OFFICER'S REPORT . I Motion: Mrs. Medlicott moved to acpept the Mayor's recommendation and confirm the following appointments to citizen I advisory boards. Mr. Kolff seconded. The motion carried unanimously, 7-0, by roice vote. I Tree Committee: James "Bonzo" DtLeo (term expires 5/1/08) Civil Service Commission: Ronald ~osec (term expires 12/31/08) I CITY M,GlNAGER'S REPORT I Mr. Timmons reported on two grantsl: approximately $150,000 for a sidewalk project on Discovery from Hastings to Sheri~an and $265,000 for wave viewing gallery improvements. I STANDING ~OMMITTEE REPORTS FINANCE/BUDGET CJMMITTEE RECOMMENDA TJONS I City Manager Timmons reviewed thd packet materials and summarized each of the budget policy recommendations of t~e FinancelBudget Committee. i I . Public comment: I Mark Welch: suggested that counc~' consider postponing a decision on approving the Granicus system as he does not believe it takes into account other departmental needs. He suggested a strategic pi n. He supported the recommendation to expand IT systems within the City. I Motion: Ms. Fenn moved for approjal of the seven Finance/Budget Committee recommendations from the Committ e meeting of November 22, 2005. Ms. Robinson seconded. I I I I Page 5 I City Council Business Meeting December 19, 2005 . Motion: Mr. Benskin moved to divJ the question. Mr. Masci seconded. The motion carried, 4-3, Fenn, Kolff and ~obinson opposed. Recommendation: City Council inst~ute a policy requiring all individual contractors to provide documentation that they h ve a current city business license and are current with business taxes. Conse sus to accept. Recommendation: City Council authlorize staff to negotiate a new formula with the County for dispatch service charges ~nd have it in place by June 30, with annual review required; that the County req~ire the allocation of the sales tax earmarked for 911 directly into the appropriate bUd~et fund. Amendment: Ms. Robinson suggestPd amendment to remove the second part of the recommendation, requiring allocatio1 of sales tax. Accepted by consensus. Recommendation: City Council taskl staff to create a letter from City Council to the Board of County Commissioners sta'ing Council supports staff in their efforts to review the process for distribution ofl911 sales tax funds. 1 Motion: Ms. Robinson moved to ac~ept the recommendation and add that the City will request the County to earmark t~e 911 sales tax funds into an appropriate budget fund. Motion carried, 6-1, B~nskin opposed. Recommendation: Direct that City ar,d County examine alternative solutions to enhance animal services; such as a third party to manage the shelter operations and/or a new funding formula for 20Q6 and bring recommendations forward in six months. Motion carried unanimously, 7-0, by voice vote. Recommendation: The School Res~urce Officer work closely with the County Prevention Specialist and that the SIRO have a seat on the Substance Abuse Committee. ! . Amended to change "SRO" to "reprel'entative from the Police Department" have a seat... Consensus to accept. : I Recommendation: Council approvel contract with Granicus for agenda management software to save hiringladditional staff in the Clerk's office. I Motion: Ms. Sandoval moved to se~ aside action until the 2006 retreat. Mr. Benskin seconded. : i After discussion, motion carried, 4-3,1 Fenn, Kolff and Robinson opposed. Recommendation: Council approve ~n in-house Information Technology position, the City's own ISP, and establish an lequipment rental division for IT equipment. . City Council Business Meeting Page 6 December 19, 2005 . Motion: Mr. Masci moved to appro I . Ms. Sandoval seconded. Motion carried unanimously, 7-0, by voice vote. t I I I RECESS Mayor Robinson declared a break at18:00 p.m. for the purpose of a break. , R!ECONVENE I The meeting was reconvened at 8:2~ p.m. I i RES LUTION 05-050 RESOLUTION OF THE CITY CO NCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MAN GER TO EXECUTE AGREEMENTS WITH CERTAIN GOVERNMENTAL NONPROFITS AND OTHER ENTITIES CONSISTENT WITH FISC L YEAR 2006 APPROVED BUDGET . City Attorney Watts reviewed the padket material, noting the contracts are consistent with the recently approved 2006 budget. I I Public comment I None Motion: Mr. Kolff moved to approve I Resolution 05-050 with the modifications specified based on prior actions, del+ting the computer/intemet contract with the County and understanding that radiol dispatch services contract amount may change during the year. Motion carried unanimously, 7-0, by voice vote. I GENERAL GOVERNMEN~ COMMITTEE RECOMMENDATIONS I Mr. Timmons stated that there are tv.io committee recommendations in regard to staffing. There is $80,000 set aSide* the budget for funding staff. General Government Committee has recom ended hiring two Police officers; CD/LU committee has recommended hiring Planner. Public comment: None . i Motion: Mrs. Medlicott moved to approve the General Government recommendation to hire a minimum qf two additional police officers by 2006. Mr. Masci seconded. I I I Ms. Fenn suggested a compromise ~f one police officer by mid-year and one planner by mid-year and take care o~ both pending needs. I I City Council Business Meeting I Page 7 December 19, 2005 I I . Ms. Sandoval stated a planner is ne ded to get a Transportation Plan completed and that the Plan will be essential in etting funding for streets. I Vote: Motion carried, 4-3, by voice yote, Fenn, Robinson and Sandoval opposed. , , I Motion: Mr. Kolff moved for approv1~ of other unanimous General Government recommendations recorded in the mrutes. After discussion, motion was withdrawn. COMMUNITY DEVELOPMENT/L4ND USE COMMITTEE RECOMMENDATION . I Public Comment: ~' David Goldman stated it is inconceiv ble that the Planning Commission could continue to do their work without the staffing they have. Staff is overloaded now and the City cannot expand rationally taking into consideration all that's going on if they don't have the staff to do planning. I Mrs. Medlicott asked if the City could increase fees in terms of funding the Planning position. Mr. Timmons stated that b~th raising fees and charging out time are possible revenue sources. I i Motion: Mr. Benskin moved to apprdve a position for a full time Planner. Ms. Fenn seconded. The motion carried una~imously, 7-0, by voice vote. , I COUNCIL BUDGE] POLICIES - OTHER ISSUES i , Mr. Timmons noted that the liquor tat allocation has been dealt with during the FinancelBudget Committee recommEjmdation discussion. He suggested the others be forwarded for discussion at the retreat: Expansion of 35th Street Park; $50,000 grant for Public Safety Analyst; $2001000 allocation for street funding; Drug fund allocation of $5,000. Public comment: none Motion: Ms. Robinson moved to forWard these items to the Council retreat. Mrs. Med/icott seconded. Motion carried,16-1, by voice vote, Masci opposed. I , CONTINUEP PUBLIC HEARINGS I ORq>INANCE 2920 I . AN ORDINANCE OF THE CITY CcjUNCIL OF THE CITY OF PORT TOWNSEND AMENDING CERTAIN SECTION$ OF TITLE 17 OF THE PORT TOWNSEND MUNICIPAL CODE, ZONING, COMrylERCIAL AND MIXED USE ARCHITECTURAL AND SITE DESIGN ~TANDARDS AND PROCESS i City Council Business Meeting Page 8 December 19, 2005 Long Range Planning Director Jeff andall reviewed the ordinance before the council, noting that staff's suggested language changes have been included along with the Planning Commission's rec mmendations. In accordance with Council's request at the last meeting, the minu~es from the CD/LU Committee meetings at which the C-II Design Standards were discussed were included in the packet as well. . Public comment: None The Council agreed to consider the Qrdinance section by section, with explanation by Mr. Randall followed by question1 and vote or consensus by the Council. Section 1: consensus to accept I Section 2: .1. a) consensus for removal of C-I/Mljl and C-II/MU from line 36 (#8) b) Motion: Ms. Robinson moved t~ include language that departures from the sign code maximum height limit require unanimous consent of members present per table on page 4. Mr. Kolff seconded I Motion carried 4-3, Benskin, Masci and Medlicott opposed. . c) In (10), after "up to 10 feet" add "~bove the height limit of the applicable zone." i Section 3: I Consensus to strike C-I/MU and C-II~MU from 1(a) I . Section 4: consensus to accept Section 5: consensus to accept. Section 6: consensus to accept. Section 7: consensus to accept. Section 8: consensus to accept. Section 9: consensus to accept. Section 10: consensus to accept. Section 11: consensus to accept. Section 12: consensus to accept. Section 13 . City Council Business Meeting Page 9 December 19, 2005 . Con"",", to ,dd phmre " ",g;nn;~g of Un" "OIh" m''''an;~1 """'pm,"t, exhaust vents, and "..... I Section 14: \ consensus to accept with addition ofl"and as specified by Ch. 17.46.080 PTMC in table under C-I, C-II and C-II (H) mafimum building height Section 15: I Motion to accept by Kolff, second byl Fenn, carried 6-2, Masci and Medlicott opposed I ! , Section 16 I Motion to accept by Kolff carried, 6- { Masci opposed. Section 17 I Consensus to accept. I I I I Ms. Fenn moved to adopt Ordinancf 2920 as amended. Mr. Kolff seconded The motion carried, 5-2, Masci and Medlifott opposed. I RECESS i Mayor Robinson called a recess at 1 b: 17 p.m. for the purpose of a break. , I I , , Section 18 Consensus to accept. . ~ECONVENE i The meeting was reconvened at 10:16 p.m. RES LUTION 05-046 SHOREL NE MASTER PLAN Ms. Surber reviewed the materials in the Council packet and provided Exhibits including (2) e-mail from Michelle Sa doval to J. Surber; (3) e-mail from William Wolcott to M. Sandoval; (4) suggest d additional language for DR-5.1-.5; (5 - 9) exhibits provided to Planning Commi sion regarding Indian Point Development; (10) written testimony from Jeffree Stewa of the Department of Ecology. 1 I i Public comment None . City Council Business Meeting Ipage 10 , I I I , December 19,2005 Motion: Ms. Fenn moved to approv and incorporate language provided by staff in . Exhibit 4 (page 32 of Chapter 5). . Kolff seconded. Motion to amend: Mr. Kolff moved t amend the language to say, "shall include but not be limited to" instead of "shall be comprised of." Ms. Fenn seconded. Motion carried, 6-1, by voice vote, Masci op osed. . Motion to amend: Mr. Kolff moved to add to both (a) and (b) ''plus at least two additional citizens." Mrs. Medlicott sfconded. The motion carried, 6-1, by voice vote, Masci opposed. I 1 I Vote on main motion as amended c~rried, 6-1, by voice vote, Masci opposed. Jeffree Stewart of the Department ofl Ecology provided written testimony to the Council regarding DOE review of the] SMP. I I I Motion: Ms. Fenn moved to replacel the language currently in the draft SMP the language in the current code regardi~g Urban Designation, i.e., 50% water oriented on the ground floor and 50%; water ~nd non-water related uses with residential and transient allowed on the second floo~. Mr. Kolff seconded. After discussion, motion failed, 2-5, Fenn and Robinson in fa~or. 1 Motion: Ms. Sandoval moved to apirove Item 7 on Errata Sheet: "The purpose of the Urban Designation is to provide r commercial and recreational uses, residential and transient uses as part of a mixe -use development, and public land uses while seeking opportunities for protection ~nd restoration of ecological functions. Mr. Benskin seconded. Motion carried, ~-3, Fenn, Masci and Robinson opposed. i Motion: Ms. Sandoval moved that ~hen there is a parcel that lies within the shoreline jurisdiction as well as outsj4fe the shoreline jurisdiction, that if it is one development, the use of the develoPfnent has to be compatible with shoreline uses and if two rules apply to the same sityation, the most restrictive is applied. Ms. Fenn seconded. I i Ms. Surber reviewed the section of t~e plan which provides for this; language could be added as follows: and uses mustlbe found compatible with shoreline uses within the applicable designation. Conse~sus to accept staff's suggestion and add I language. \ I I Motion: Ms. Fenn moved for approVpI of Resolution 05-046. Mr. Kolff seconded. Motion carried, 6-1, Masci opposed. 1 , EXEC~TIVE SESSION I . City Council Business Meeting rage 11 1 I December 19,2005 . Motion: Mr. Kolff moved to continu the meeting to 6:00 Tuesday, Dec. 20, to meet with the City Manager in Executive ession. Ms. Fenn seconded. The motion carried, 4-3, Benskin, Masci and Me /icott opposed. Mayor Robinson announced at 12:0 a.m. that Council would adjourn to executive session to discuss a personnel issu~. She estimated the session would take approximately 30 minutes and state that no action would be taken following. ECONVENE The meeting was reconvened at 12: 5 a.m. I ~DJOURN I There being no further business, the meeting was adjourned at 12:26 a.m. Attest: ~q~~ City Clerk . . City Council Business Meeting I rage 12 , I December 19,2005