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HomeMy WebLinkAbout041706 CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF APRIL 17, 2006 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session this seventeenth day of April, 2006, at 6:30 p.m. in the Port Townsend temporary Council Chambers in the Port Townsend Fire Station conference room, Mayor Mark Welch presiding, ROLL CALL Council members present at roll call were Frank Benskin, Geoff Masci, Laurie Medlicott, Catharine Robinson, Scott Walker and Mark Welch. Michelle Sandoval arrived at 6:34 p.m. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, Engineer Mary Heather Ames, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Mr. Masci asked that a resolution from the PTTV Producers Guild be added after Item IX A. Ms. Robinson requested that a letter to support Fort Worden's bid to host the 19th or 20th National Trails Symposium be prepared for the Mayor's signature as requested in the recent e-mail from Fort Worden representative Steve Shively. This item was added at the end of New Business. PROCLAMATIONS Mayor Welch read the following Proclamations: Disability Awareness Month - accepted by Pat Teal on behalf of DASH Workers Memorial Day - accepted by Francesca Franklin on behalf of City Safety Committee Volunteer Appreciation Week and Earth Day Clean Up - accepted by Jon Muellner on behalf of Port Townsend Main Street Native Plant Appreciation Week Arbor Day Anniversary - accepted by George Bush on behalf of City Tree Committee PRESENTATION Ross Goodwin of the Department of Natural Resources presented the Mayor and City Councii Business Meeting Page 1 Apri/17, 2006 Tree Committee with a Tree City USA Award. PUBLIC COMMENT (Consent and non-agenda items) Barbara McColgan Pastore stated that three picnic shelters have been donated to the City by the Indian Island Naval Base; she asked the Council to endorse placement of one of the shelters at Chetzemoka Park in the area of the Golden Age Club buildings. Staff response: Mr. Timmons noted the shelters have already been secured by the City for potential use in City parks. Placement of the shelters would go through the City's normal permitting process. Mike Belinski stated that the Police Department's "use of force" policy is not being followed. He presented a written letter to the Council. Jim Todd asked that the Council adopt the DOE 2005 stormwater manual. Staff response: Mr. Timmons stated he would talk with the Police Chief and set up a meeting with Mr. Belinski to go over his concerns. Council will be informed of the results of the meeting on any actions. Mr. Timmons stated that staff is working on review of the 2005 stormwater manual, which is an extensive document that staff needs to understand prior to administering. A schedule for adoption will be presented to the Council. CONSENT AGENDA Motion: Ms. Robinson moved to approve the following items on the Consent Agenda. Motion carried unanimously, 7-0, by voice vote. Approval of the following Bills, Claims and Warrants Vouch.ers 97405 through 97586 in the amount of $273,745.59 Vouchers 405061 through 405069 in the amount of $101,115.25 Approval of Minutes for March 20, 2006 PUBLIC HEARING HODGE RIGHT OF WAY VACATION REQUEST (LUP06-008) Ms. Sandoval disclosed that she sold the Hodges the home they live in which is adjacent to the site of the requested street vacation. She added that she does not stand to gain any benefit by the outcome of this issue. City Councii Business Meeting Page 2 Aprii 17, 2006 Mr. Masci disclosed that the Hodges are neighbors and he has a social relationship with them. He added he would receive no financial gain from the outcome and can be objective about the matter. Mayor Welch read the rules of conduct for public hearings. There was no more disclosure from Council members regarding potential financial or property interests in the matter. Planner John McDonagh reviewed the packet materials, including the proposed Findings of Fact and Conclusions in regard to the requested vacation of portions of a twelve-foot wide alley lying within Block 75 of Fowler's Park Addition. There was no public comment. Motion: Mr. Masci moved to approve the Findings of Fact and Conclusions of the City Council dated April 12,2006, subject to Street Vacation Application No. LUP06- 008 for Tim and Janice Hodge. Mr. Benskin seconded. The motion carTied unanimously, 7-0, by voice vote. UNFINISHED BUSINESS CLARK/NASH LAWSUIT - STREET VACATION City Attorney John Watts reviewed the agenda bill, noting that when the summary judgment motion was presented in Clallam County Superior Court, the court ruled substantially in favor of the City's motion based on the contention that the plat filing date was not the date the plat became effective but the date on which the plat was recorded controls in this instance. Because factual issues can only be resolved at the trial stage, not summary judgment stage, the matter must go on to trial. At this time trial has been set for June 12, 2006. Mr. Watts noted that the Council has reviewed the matter in executive sessions. Public comment Owen Fairbank stated he was speaking as an individual, not a member of the Non Motorized Transportation Advisory Board, spoke in favor of authorizing the trial, as it will have a positive impact in regard to trail and right of way availability within the city. Motion: Ms. Robinson moved to authorize the City Attorney to contest at trial the Clark/Nash lawsuit for statutory street vacation. Ms. Sandoval seconded. Mr. Masci spoke against the motion, stating the plaintiffs should not be forced into a lawsuit and have to bear the burden of a trial. Mr. Benskin spoke against the motion. City Councii Business Meeting Page 3 Aprii 17, 2006 Ms. Sandoval disagreed that plaintiffs are forced to go forward with a lawsuit and also noted that the vacation is not necessary to make the lot buildable; she noted this is part of a process that will benefit the greater community. Mr. Walker stated that is we do not contest this lawsuit, the City leaves itself open to others which can cause trouble in the future; he also noted the summary judgment ruling indicates that the City will most likely prevail at trial. Ms. Robinson agreed that the judge's remarks give the City a strong position and going forward will make our position even stronger. Mr. Welch stated it would be a disservice to the community not to go forward at this point. Vote: motion carried, 5-2, Benskin and Masci opposed. TAYLOR STREET HALLER FOUNTAIN IMPROVEMENTS Mary Heather Ames, Public Works Engineer, reviewed the packet materials relating to improvements to the sidewalk and Haller Fountain Terrace Steps Park which are proposed. Public comment Barb Pastore stated that a subcommittee has been formed by the Park and Recreation Advisory Board to raise funds for the project. She noted that the project would be done in memory of Steve Corra and that the end result will be a real Port Townsend city civic plaza. Motion: Mr. Masci moved to accept fundraising efforts of the Park and Recreation Advisory Board Subcommittee as funding for Haller Fountain Terrace Steps Park improvements. Ms. Robinson seconded. In response to questions from the Council, Ms. Ames clarified that the funding for the entire project will be $75,000. The committee plans to raise $60,000 and the City has committed $15,000 for this particular project out of the total $35,000 budgeted for the entire Taylor Street corridor. She added that the supplemental funding would support incremental improvements so that whatever funding is obtained, that amount of work can be done and the project will be designed so that it never looks "unfinished." She also confirmed there has been no money budgeted for consultants in 2006 for this project. Mr. Timmons noted that the City has an existing liability to maintain the park whether or not extra funds are raised. If it becomes an issue of the city having to dedicate more funding to complete the project, that will be the Council's choice. He added City Councii Business Meeting Page 4 Aprii 17, 2006 the remaining $20,000 expenditure for Taylor Street improvements would come before the Council separately. Vote: motion carried unanimously, 7-0, by voice vote. Motion: Mr. Masci moved to approve the conceptual plan for Haller Fountain Terrace Steps Park and to authorize the City Manager to sign all contracts and construction documents necessary to complete the work. Ms. Robinson seconded. The motion carried unanimously, 7-0, by voice vote. NEW BUSINESS PTTV FEES AMENDMENT Station Manager Gary Lemons stated that he supports the proposal. He stated that the higher fees have resulted in fewer memberships and that this is contrary to the spirit of public television. He added that the members of the producer's guild have committed to assisting new members is producing their programming so that the paid manager would not have to commit so many hours to public production. Public Comment Glenn Paris Stamm stated she would not rejoin if she had to pay $160. Motion: Mr. Benskin moved to approve the PEG Access Coordinating Committee and Finance/Budget Committee recommendations to adjust PTTV public individual membership fees from $170 to $120, and organizational fees from $350 to $300 annually, and to request the PEG Access Coordinating Committee to make recommendations to simplify the membership accounting/tracking process and for a more equitable rate structure. Ms. Sandoval seconded. Ms. Robinson noted that she voted against the proposal at the Finance/Budget Committee because the new structure hasn't been given a chance to work; that she believes a fee for service structure would be more fair; and that there is poor tracking information. She stated she was specifically opposed to reducing the organizational membership rate. Vote: motion carried, 6-1, by voice vote, Robinson opposed. Mr. Masci distributed the following Resolution and asked that Council approve it. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND RELATING TO PORT TOWNSEND TELEVISION SERVICES Motion: Mr. Masci moved to adopt the resolution just presented relating to Port Townsend television services. Mr. Welch seconded. Motion carried, 7-0, by voice vote. City Councii Business Meeting Page 5 April 17, 2006 HEARING EXAMINER SELECTION PROCESS Mr. Timmons reviewed the agenda bill. The City has been operating with interim hearing examiner services for several months, pending appointment of a regular replacement for the regular examiner who resigned last year. The matter before the Council is approval of a "reviewlinterview" process that would lead to recommendation by the Council. There was no public comment. Motion: Mr. Masci moved to approve that a designated interview panel, including the Mayor and City Manager, review applications for hearing examiner appointment, conduct appropriate interviews, and make a recommendation on appointment to the City Council. Ms. Robinson seconded. The motion carried unanimously, 7-0, by voice vote. RESOLUTION 06-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZING THE CITY MANAGER TO TAKE THE NECESSARY ACTIONS AND SIGN THE NECESSARY DOCUMENTS TO ACQUIRE LOTS 3 AND 5, BLOCK 47, PETTYGROVE'S 2ND ADDITION, FROM JEFFERSON COUNTY Public Works Director Ken Clow reviewed the packet materials concerning acquisition of a County-owned parcel on Redwood/Cherry Street which is adjacent to the City Shops. He noted that acquiring the lots for the City would reduce any potential claims from a future landowner concerning possible encroachments by City operations onto these lots. He added that the cost of acquisition would be recouped as part of the sale if the City were to surplus the Shops area. There was no public comment. Motion: Ms. Sandoval moved for approval of Resolution 06-009. Mr. Masci seconded. Motion carTied unanimously, 7-0, by voice vote. RESOLUTION 06-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DECLARING CERTAIN PROPERTY IN THE VICINITY OF 4TH AND MCPHERSON AS RIGHT OF WAY, AND FIXING THE TIME FOR HEARING ON POSSIBLE STREET VACATION City Attorney John Watts reviewed the packet materials regarding the designation of a strip of property in the vicinity of south of 4th and west of McPherson as right of way. When the property was deeded to the City in 1929, it was not designated as a City Councii Business Meeting Page 6 April 17, 2006 right of way but the dimensions and location would indicate that was the purpose and the strip would have no other purpose as a stand-alone parcel for development. An adjacent owner has requested the strip be vacated and surplused to enable him to incorporate ten feet into his project. There was no public comment. Mr. Welch asked if the property could be surplused without being declared a right of way. Mr. Watts replied that if not re-designated, this would lead to an open market transaction. Motion: Mr. Welch moved for approval of Resolution 03-008. Mr. Benskin seconded. The motion carried unanimously, 7-0, by voice vote. LETTER SUPPORTING FORT WORDEN AS SITE OF NATIONAL TRAILS SYMPOSIUM ANNUAL MEETING Motion: Ms. Robinson moved that, in response to a request from Mr. Shively at the Fort Worden Conference and Visitors Center, a letter of support for Fort Worden to host a National Trails Symposium annual meeting be prepared for the mayor's signature. Mrs. Medlicott seconded. There was no public comment. Vote: motion carried unanimously, 7-0, by voice vote. PRESIDING OFFICER'S REPORT Mayor Welch noted the addition of an in box item to Thursday's agenda. The item is to revisit the recently adopted formula store regulations. Mayor Welch recommended the appointment of Bly Windstorm to fill a vacancy created by a resignation on the Non-Motorized Transportation Advisory Board. Motion: Mr. Masci moved to accept the Mayor's recommendation and confirm the appointment of Bly Windstorm to the Non-Motorized Transportation Advisory Board, Position 3, Term Expiring May 1,2008. Mrs. Medlicott seconded. Motion carried unanimously, 7-0, by voice vote. CITY MANAGER'S REPORT Mr. Timmons reported on the following: School District has presented a contract that will double pool rental costs to the City. County interlocal agreements for contracted services have still not been received. City Councii Business Meeting Page 7 Aprii 17, 2006 Playground project at Pope Marine Park is beginning again; the City will start a special account in the memorial fund so that funds may be raised for the project. Public process for noise variance if requested by County for Courthouse project (no formal request received as yet.) Skate Park dedication will take place on May 14. Visitors from Japan and Croatia will be here during the Rhododendron Festival. STANDING COMMITTEE REPORTS Communitv Development/Land Use Appointment of sign code committee to be placed on a future agenda. Lodqinq Tax Advisorv Committee Motion: Mr. Masci moved to prepare a letter to the Jefferson County Board of Commissioners supporting the continuing operation of the Jefferson County Visitor Center at Highways 104 and 19. Mr. Benskin seconded. Motion carTied unanimously, 7-0, by voice vote. Transportation Motion: Mr. Masci moved to authorize a letter under the Mayor's signature requesting that the Ferry Service create the opportunity for further public process and input on ferry service in PT before final action is taken on any changes affecting Port Townsend. Mr. Welch seconded. The motion carTied, unanimously, 7-0, by voice vote. Regarding Committee mission statements, staff will incorporate the proposed revisions and new statements into a resolution revising that section of the Council Rules. ADJOURN There being no further business, the meeting was adjourned at 9:06 p.m. Attest: ~....) Qam-f)~ Pam Kolacy, CMC City Clerk City Councii Business Meeting Page 8 April 17, 2006