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HomeMy WebLinkAbout080706 CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF AUGUST 7,2006 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session this seventh day of August, 2006, at 6:30 p.m. in the Port Townsend temporary Council Chambers in the Port Townsend Fire Station conference room, Deputy Mayor Michelle Sandoval presiding. ROLL CALL Council members present at roll call were Frank Benskin, Laurie Medlicott, Catharine Robinson, Michelle Sandoval, and Scott Walker. Mark Welch and Geoff Masci were excused. Staff members present were City Manager David Timmons, Public Works Director Ken Clow, Planner John McDonagh, and City Clerk Pam Kolacy. CHANGES TO THE AGENDA Mr. Benskin requested that two items: dog park on Morgan Hill and Pope Marine Park playground equipment, be added to the agenda. There was no objection and the items were added under New Business. SPECIAL ORDER OF BUSINESS Rosecrans Terrace Appeal - Issuance of Decision re Procedural Matters Mr. Timmons noted that two documents have been prepared, an Order on Procedural Motion and a Dissent and Concurring Opinion on the Order; result of the action will be that the request to dismiss fails and the matter will be moved forward to a hearing on September 7 as scheduled. Motion: Mr. Benskin moved to enter the Order on Procedural Motion and Dissent and Concurring Opinion on the Order on Procedural Motion into the record. Ms. Robinson seconded. The motion carried unanimously, 5-0, by voice vote. Councilors Benskin, Medlicott and Welch signed the Order on Procedural Motion and Councilors Robinson, Sandoval and Walker signed the Dissent and Concurring Opinion. COMMENTS FROM THE PUBLIC (consent and non-agenda items) There were no comments from the public. City Council Business Page 1 August 7, 2006 CONSENT AGENDA Motion: Ms. Robinson moved to approve the following items on the consent agenda. Mr. Walker seconded. The motion carried unanimously, 5-0, by voice vote. Approval of Bills, Claims and Warrants Vouchers 720061 through 720069 in the amount of $114,764.53 Vouchers 725061through 725063 in the amount of $336.58 Vouchers 802061 through 802062 in the amount of $5,387.10 Vouchers 98599 through 98599 in the amount of $2,200.00 Vouchers 98600 through 98611 in the amount of $31,189.86 Vouchers 98612 through 98628 in the amount of $2,989.42 Vouchers 98629 through 98751 in the amount of $410,613.84 Vouchers 98752 through 98756 in the amount of $7,573.35 Minutes: July 10,2006; July 17,2006; July 20,2006 Resolution 06-020, endorsing the 2006 Port Townsend Film Festival, and waiving rental fee for use of the Pope Marine Park Building. PUBLIC HEARING McNees/Arulaid Street Vacation Deputy Mayor Sandoval read the rules of procedure for legislative public hearings. There were no members of the Council who stated they had any financial or property interest in the outcome of the hearing. Planner John McDonagh reviewed the staff report contained in the Council packet, noting that on April 17, 2006, the Council adopted Resolution 06-008 declaring the two subject strips as rights of way. He added that staffs recommendation is for approval with conditions. One late comment in opposition was received from the Non-Motorized Transportation Advisory Board. The NMTAB recommended retaining City ownership of the rights of way. Public comment: Stefan Arulaid, one of the applicants, stated he is not too concerned about the five feet, but would like to save two trees on the property and also to provide a buffer in case the adjoining owner builds directly up to the lot line. Bob Koenig stated the property in question would be nice for a utility easement or as an access for his employees to the Laundromat parking lot. Staff response: City Council Business Page 2 August 7, 2006 Mr. McDonagh stated he is not aware that any staff member has stated that two trees will be lost if the vacation occurs. He also stated that the subject 15-foot wide strip probably could not be used as an alternative for utilities or for access to parking. Clarifying questions: Mr. Walker asked if Mr. McNees could purchase the entire right of way. Mr. McDonagh stated they are in different plats and his expectation is that could not be done through the vacation process except for the 10-foot strip. Mr. Timmons noted this is different form the typical right of way because these are deeded parcels to the City. A normal right of way goes to the original parcel but because the City actually owns the right of way it creates a different process. He stated that in his conversations with the City Attorney, they did not find in any of the functional plans any basis for retaining these for access or utilities. Doing one side and not the other and leaving an orphan parcel didn't make sense because it couldn't be used for anything. Response from public: Mr. Arulaid noted that the five-foot parcel gives access to his propane tank and power meter, which would have to be moved if the strip were used for another purpose. Motion: Mr. Benskin moved to approve the Findings of Fact and Conclusions of the City Council dated July 31,2006. Mrs. Medlicott seconded. Mr. Walker stated he does not think much emphasis should be placed on the fact that the current trail designation in the Non-Motorized Transportation Plan is on Third Street. He stated he can think of many reasons to keep this public and cannot see there is public benefit in vacating. Mr. Benskin stated the adjoining property owners have used this and the city has not for 77 years; he stated that vacating the strips is the best use as one can be protected for access to utilities and the other can use it in connection with the other land owned. Ms. Sandoval noted that many similar properties are used as though they are private although the land is public and not on the tax rolls. Ms. Robinson stated she prefers not to mix motorized with non-motorized use, as it is safer and more pleasant for non-motorized use. She stated it might be good to have a buffer but doesn't know how the strips would work as an alleyway. Mr. Benskin stated that no one has a crystal ball into the future but two people are asking the Council to do something for them that makes sense. City Council Business Page 3 August 7, 2006 Vote: motion failed, 2-3 with Benskin and Medlicott in favor. UNFINISHED BUSINESS RESOLUTION 06-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SEVICES CONTRACT WITH CARLSON ARCHITESTS TO PROVIDE ASSISTANCE TO THE CITY OF PORT TOWNSEND TO DEVELOP AND IMPLEMENT A COMMUNITY ARTS FUNCTIONAL PLAN Mr. Timmons stated the scope of work is contained in the packet. The Council referred the matter to the Finance and Budget Committee on July 3 and the Committee has recommended approval. There was no public comment. None Motion: Mr. Walker moved to approve Resolution 06-017. Ms. Robinson seconded. The motion carried unanimously, 5-0, by voice vote. NEW BUSINESS Dog Park on Morgan Hill Pope Marine Park Playground Equipment Mr. Benskin stated he has been receiving e-mails and has heard discussion at the Public Works Committee regarding the "dog park" near Sather Park. He asked how authorization for the use came about and noted that people are concerned with public process and with the project going forward prior to Council approval. He also asked why no maintenance is being done on the Pope Marine Park playground equipment as it has been deteriorating for the last three years. Mr. Timmons stated that efforts regarding the playground equipment have been derailed with the loss of Steve Corra and then recently a family emergency involving the current Parks supervisor. He stated the money for the equipment is there and the City has been trying to coordinate with Erica Delma's group and the Park and Recreation Advisory Board. Regarding park use, there was overuse of the current "dog park" at Chetzemoka which was concerning Parks staff. The property near Sather Park appeared to be underutilized; the Park and Recreation Advisory Board reviewed the issue and approved a basic plan to fence the area while Public Works provided a water tap. It appears the public process operated "under the radar." He suggested reviewing the process and looking for Council direction; perhaps removing the gates temporarily City Council Business Page 4 August 7, 2006 until evaluation and broader public input can take place. He suggested to refer to the Park and Recreation Advisory Board for further meetings to determine appropriate use and bring a recommendation back to the Council. Public comment Jim Todd stated he believes the designation of the dog park is a misunderstanding; he attended the Park and Recreation Advisory Board meeting where members stated it was never intended to be a dog park, but the fence was built to define the park and some are looking at it as a dog park. He also stated that he understands the problem with the playground equipment is that the current footprint cannot be exceeded and the proposed equipment from the private group has proposed something larger. He stated he believes the park should primarily retain its use as a marine park. Judith Bird read a letter from Phyllis and Richard Mee into the record stating that often 18-20 large dogs at a time are at the park and there have been incidents of aggression toward small dogs; they don't believe any neighbors were contacted prior to the fence and gate being constructed. If the park continues, guidelines should be adopted. On her own behalf she stated that this space is out of scale for what she has considered appropriate; she is opposed to gazebos being installed without community input. Bill Wise referred to his previous letter and stated that since writing he has been turned away from entering the park because owners were not in control of their dogs and that some people come with 5 to 7 dogs at a time; there are regular dog fights every 2 or 3 days and some stay until late in the evening making noise a problem. He requested that City Council ask that the fences be removed and that clear instructions for use be posted. Linda Smith agreed with the other comments. She cited noise as an issue and also stated that the existing wildlife corridor will be affected. She stated that owners are not controlling their dogs. Mr. Timmons noted that the Park and Recreation Advisory Board is in the process of developing plans for the various parcels of public land within the City. Ms. Robinson expressed concerns about safety for animals and children and would support the interim measures suggested. She stated the community group addressing the playground issue has been taking quite awhile coming up with a course of action and meanwhile the equipment is deteriorating. Mr. Walker stated the process should have included notification to the Council. He would like to see the process more open to the public. Regarding playground equipment, he would like to see it put back together quickly. Mr. Benskin stated that he would support the action of closing the park until further notice. City Council Business Page 5 August 7, 2006 Motion: Mr. Walker moved to suspend designation as a dog park, remove the gates temporarily and request the administration to outline a process that will seek public input and develop a long-term use plan. Mr. Benskin seconded. Public comment: Bill Wise noted that the large gate that keeps vehicles from driving around in the park should be left in place. Vote: motion carried unanimously, 5-0, by voice vote. Mr. Timmons noted that the charrette sponsored by the Pope Marine playground community group resulted in a completely different proposal from the original instructions to use the existing footprint; this could require a shoreline substantial use approval. He will meet with Public Works Director Ken Clow and discuss replacing the equipment while the rest gets figured out. Replacement equipment could be moved to another park if a different alternative arises for Pope Marine Park. PRESIDING OFFICER'S REPORT CITY MANAGER'S REPORT Mr. Timmons updated the Council about the Police and Library capital projects and the Hood Canal mitigation project. Motion: Mrs. Medlicott moved that staff draft a letter in opposition to the DOT's mitigation plan and supporting reconsideration of the elements of the Port Townsend plan. Mr. Walker seconded. Motion carried unanimously, 5-0, by voice vote. Sale of cable franchise from Millennium to WAVE has been stopped; discussions with Millennium will depend on what happens at the Federal legislation level. ADJOURN There being no further business, the meeting was adjourned at 8:37 p.m. Attest: Van! c:t{tL:'?/ Co Pam Kolacy, CMC City Clerk City Council Business Page 6 August 7, 2006